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Minutes1979FOURTH MEETING COMMITTEE OF THE W~tOLE Committee Room #1 January 2, 1979 Council met in Committee of the Whole on Tuesday, January 2, 1979 at 6:30 p.m. All members of Council were present with the exception of Alderman -Sobol. Aldermau Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting.. ~ · · ' · · ~. READ AND ADOPTED, ~.~.'COLLINSON, CITY CLEar I'~YOR S. WAYNE THOMSON Council Chambers January 2, 1979 Council met on Tuesday, January 2, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Sobol. His Worship, Mayor Thomson presided as Chairman. Alderman Dilts offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the minutes of the meetings held on December llth, 1978 and December 18th, 1978, be adopted as corrected. Carried Unanimously. DEPUTATIONS MR. F. TASSONE - SNOW REMOVAL ON CITY SIDEWALKS Communication No. 12 - Mr. F. Tassone and Others - The communication requests the reinstatment of snow removal on all City sidewalks. The City Clerk advised that Mr. Tassone had been called to work and was unable to attend, however he had requested Council's consideration of the reinstatement of snow removal on all City sidewalks. Alderman Cheesman pointed out that the policy on snow removal on sidewalks had been in effect for some time, ind suggested that the previous material 'considered by Council on this matter be forwarded to Mr. Tassone to explain the City's position with respect to sidewalk snow removal. His Worship, Mayor Thomson felt .it might be advisable to have the previous material assembled and made available to both Mr. Tassone and the members of Council, with a full discussion to be held on the matter when Mr. Tassone could be present. In response to a question raised by Alderman Fera, the City Solicitor advised that under the provisions of the Municipal Act when dealing with liability, gross negligence on the part of the municipality would have to be proven if an accident occurred as a result of children walking on the roadway because sidewalks were not cleared. The City Solicitor further advised that if an icy condition existed for some time, the City might be obligated to do something about it, however the City was not obligated to plough sidewalks. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Cummings, that the previous material on this matter be assembled, cepies made available to Mr. Tessone and the members of Council, and further that the matter be discussed at a subsequent meeting when the petitioners are present. Carried Unanimously. t -2- SOCIAL PLANNING COUNCIL ~. D. Lyman of the Social planning Council was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Mr. Lyman advised that the Social planning Council was primarily Cummings. rounded the S P C was visualized ion When first nt planning wing for the Ci y stated that although as an ~ndep many the City could turn to the S.P.C. for advice. Mr- Lyman nearly 100% of the funding continued to come from the City, the S.P.C. was called upon less and less for advice. While funds were channeled into worthwhile projects such as Talefriend, information Niagara, etc., the City was faced with other problems. Council could have used expert advice, however the S.P.C. had stepped back into the background- Mr. Lyman stated that the Social planning Council is a human resource available to assist the City. Reference was made to several of the problems being experienced in the City such as arson, housebreaking and difficulties with the young people in the cou~unitY, and Mr. Lyman indicated that the Social planning Council felt as responsible as the City and the person on the street, for not taking action sooner to deal with these problems- Mr. Lyman pointed out that the City has the development of a social plan that could guard against future problems, indicate where financial resources should be directed, and increase effectiver as well as eliminate duplication with public and private agencies- Mr. Lyman suggested that City Council and the Social planning Council spend more time together in preparing a social plan that could make life easier and would insure the qualify of life for all future citizens of:Niagara Falls- During the discussion following Mr. L~man's presentation, several members of Council commented on the relationship between the City and the Social planning Council. Mr. Lyman provided additional information in response to a number of questions raised on the function of the Social Planning Council, and the type of projects with which the Social planning Council would be involved. Following further discussion, His Worship~ Mayor Thomson commented that the Social Planning Council had accomplished a great deal by bringing these matters to the attention of Council. The Mayor felt that the City's relationship with the Social planning Council would improve in the future, and he commended the people of the Social planning Council for assisting in the planning and organizing of many worthwhile projects. POLISH NATIONAL UNION OF CANADA - MINOR VARIANCE AppLICATION A-86/78, THOROLD STONE ROAD Communication No. 13 - Polish National Union of Canada - The con~nunication requests the City to withdraw its appeal of the Committee of Adjustment decision to grant the Polish National Union of Canada a minor variance with respect to parking. The communication advises that once the appeal is withdrawn, seventy parking spaces will be provided on adjacent leased Hydro property, and in the event the Hydro lease is terminated, the basement banquet facilities will be closed until other parking arrangements can be provided to the satisfaction of the City. Mr. J. Townsend representing the Polish National union of ,Canadh, was ranted ermission to address Council on the motion of Alderman Fern, second~ banquet operation ~ the basement of the hall would be discontinued until such time as suitable parking could be provided. ,Mr. Townsend pointed out that the City's license for the hall is issued ~n a yearly basis, and this could be terminated in the event the land leased for parking purposes was no longer available. -3- UNFINISHED BUSINESS PARKING OF VEHICLES IN RESIDENTIAL AREAS Report No. 38 - Alderman A.A. MacBain, Chairman of the Special Conm~ittee The Committee reports on the matter of possible legislation to limit the number of motor vehicles permitted to be parked on residential lots and prohibiting or controlling the parking of buses, trucks and recreational vehicles on residential lots. ORDERED on the motion of Alderman MacBain, seconded by Alderman Orr, that the report be tabled until the January 15th, 1979 meeting of City Council. Carried Unanimously. COMMUNICATIONS No. 14 - Ministry of Revenue Property Assessors - Re: Special Occasion Permit. The conununication requests Countills approval to obtain a special occasion permit in order to serve refreshments in conjunction with the annual hockey tournament. Alderman Cummings expressed his concern over the serving of alcoholic beverages at an arena when there would be children around. The Alderman pointed out that an arena is a special place where children are almost always present, and suggested that having liquor served at an arena was not the proper atmosphere for children. ORDERED on the motion of Alderman Orr, seconded by Alderman Dilts, that the request be approved subject to similar approvals being obtained from the Fire Department, Regional Police, Health Unit and the L.L.B.O. The motion Carried with Alderman Puttick voting contrary and all others voting in favour. No. 15 - Chairman, Niagara Transit - Re: Niagara Chair-A-Van. The communication provides an update report on the operation of the Niagara Chair-A-Van service during 1978. ORDERED on the motion of Alderman Schisler~ seconded by Alderman Fera, that the communication be received and filed, and further that a letter of conunendation be forwarded to the Chairman of the Commission for providing the Chair-A-Van service. Carried Unanimously. No. 16 - Mr. M. Swart, MPP for Welland/Thorold - Re: Restructuring of Hydro in Regional Niagara. The communication comments on the proposed restructuring of hydro service in Regional Niagara. ORDERED on the motlonof Alderman MacBatn, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 17 - Niagara Regional Health Unit - Re: Toxocara Canis. The communication provides information on the common roundworm infection found in dogs in response to a ~equest by Council. His Worship, Mayor Thomson indicated that Alderman Sobol had requested this information, and since she wa~ unable to be present at the meeting, he suggested that the matter be tabled. ORDERED on the motion of Alderman Fern, seconded by Alderman Cummings, that the communication be tabled. Carried Unanimously. No. 18 -Minister of Intergovernmental Affairs - Re: 1979 Provincial Transfers to Local Governments. The communication provides advance information on the 1979 Provincial transfers to local governments. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrerr, that the communication be received and filed. Carried Unanimously. No. 19 - Mr. B.H. Bedford - Re: Pigeon Control. The communication requests the consideration of Council in establishing pigeon control legislation. Alderman Puttick advised that it was his understanding the appeal could be withdrawn in the event suitable parking arrangements were provided for hall. Since the parking requirements were now being met, Alderman puttick felt the appeal should be withdrawn. In response to several comments made ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that by the Alderman, the Planning Director provided additional information. a report be prepared acquainting members of Council and Mr. Bedford with the action taken on this matter previously, and further that the City Clerk Following further comment, it was moved by Alderman puttick, seconded: attempt to resolve the complaint. Carried Unanimously., Variance APPlicat~ by Alderman Schisler, that the Cityss appeal a~ainet Minor~ A-86/78 for the Polish National Unio~of Canada, be withdrawn. Carried ..... U~animausly. The City Clerk advised that an attempt had been made several years ago to enact such legislation, however few persons were in favour of such legislation and it was then decided that it would be easier to deal with such complaints 9n an individual basis rather than to pass a by-law for the entire City or any" defined area. -4- REPORTS No. 39 - City Manager - Re: A~-13/78 and Amending By-law No. 78-123, E. Rinderlin - Proposed Restaurant Northwest Corner of River Road and Ellis Street. The report advises that the applicant has requested that the application be withdrawn. The report recommends passage of two by-laws to repeal the by-law adopting the required Official plan amendment and to repeal the zoning by-law amendment. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-laws 79-1 and 79-2 No. 40 - City Manager - Re: AM-18/78, Moretta Estates Subdivision, West Side of St. Paul Avenue, Draft Plan 26T-74072 (Revised)- The report recommends passage of the zoning amendment by-law respecting the revised plan of subdivision. ORDERED on the motion of Alderman Schtsler, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 9 See By-law No. 79-3 No. 41 - Planning Director - Re: Decision of Niagara Escarpment Commission on Fruitbelt Trucking Inc., North Stanley Avenue, West Side, South of Highway #405. The report advises that notice has been received from the Commission of its approval for a portion of the site (storage area for baled peat moss fertilizer) and subject to a number of conditions. Alderman Puttick felt that approval of this application could result in complaints from the residents of Bevan Heights particularly regarding possible odours and noise from the trucks. His Worship, Mayor Thomson advised that this is an excellent location compared to the First Avenue property. The Mayor further advised that the site is a substantial distance from Seven Heights and the prevailing winds would be to the east in the other direction. In response to a further question by Alderman Puttick, the Planning Director indicated that the Niagara Escarpment Commission would be willing to listen to any of the Cityis comments on the proposal, such as the provision of buffers. °~ ORDERED on the motion of Alderman Orr, seconded by Alderman Fern, that the report be received and filed. Carried Unanimously. No. 42 - City Manager - Re: Bossible Purchase of Winnifred Street Road Allowance. The report recommends that staff be authorized to take the necessary steps to close the subject road allowance and offer same to Mr. Porthast (adjacent property owner) at a fair market value, which has been determined by an Opinion of Value dated September 21/78 at $16,500.00. ORDERED on the motion of Alderman MacBain, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 43 - City Nanager - Re: Encroachment - Front Btreet and Daly Street, Former Village of Chippaws. The report recommends approval of the request for the subject encroachment and preparation of a by-law authorizing the encroachments upon compliance of certain conditions. ORDERED on the motion of Alderman Orr, seconded by Alderman Wallman,, that the report be received and adopted. Carried Unanimously. .' No. 44 - City Manager - Re: Northwest Recreation Project. The report recommends that Council enter into an agreement with the Stamford Centre Volunteer Firemen~s Association regarding the title of two/thi[ds of the 100 acres to be purchased from Ontario Hydro. Alderman MacBain referred to the problems presently being studied with respect to the life of the existing landfill site~ and askedwhether-or not it would be advisable to refer this matter to the Special Committee on the Landfill Site to determine whether or not these lauds might be needed for an extension of the Landfill Site, The Director of Municipal Works advised that the City has approval to extend the site on a further sixty-two acres, but this approval does not include the lands under consideration for the Northwest i' Recreation Project. His Worship, Mayor Thomson also indicated that if the ~'~ ~, matter were held up further, the City could run into further financing charges. ,~' ~he CityManager stated that the Alderman's concerns would be protected. · . ~ ' In response to a question raised by lldermanMarrett, the City Manager ~ advised that the Wintario f~unds are anticipated within the next .few weeks, . . , -5- and in the meantime, the Cityis and the Association's contributions will be held in escrow until the Wintario funds are received. Alderman Dilts stated-that Wintario funds are still taxpayers' money, and that the funding should have been on a fifty/fifty basis. Following further comment and information provided by members of staff, it was moved by Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining on a conflict of interest, Alderman Dilts voting contrary, and all others voting in favour. See By-law No. 79-4 No. 45 - City Manager - Re: Request for Parking on Magdalen Street. The report recommends passage of a by-law to permit parking on the southerly side of Magdalen Street between Victoria Avenue and Ellen and that both sides be metered with a maximum of two hour meters. The Director of Municipal Works provided additional information in response to several questions raised by Alderman Puttick. ORDERED on the motion of Alderman Orr, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. See By-laws No. 79-8 and No. 79-9 No. 46 - City Manager - Re: RyersonMarket Area - N.I.P. The report recommends that City Council establish a Steering Committee and that the Steering Committee meet as soon as possible to commence implementation of the plan. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the'report be received and adopted, and further that Aldermen Marterr and Orr be appointed to the Steering Committee. Carried Unanimously. No. 47 - City Manager - Re: Connection of Storm Sewer Lateral at 7967/7975 Sarah Street. The report recommends preparation of an appropriate agreement indemnifying the City against any loss or damages to persons or property and relieving the City from any responsibility for maintaining, reconstructing or cleaning the subject lateral, that the agreement be registered on title of the two properties, and subject to Council's approval of this procedure, that the requested connection be made. Alderman Dilts commented that this has been a problem area for a number .of years due to the fact the catchbasins on either side are higher than the street, causing water to collect on the roadway. Although the street had been paved during the summer, the problem had not been solved. The Director of Municipal Works stated that if the problem had only been water on the roadway, grading would have eliminated the problem. This work was being done at the request of the owners. Alderman Puttick felt that even though the owners could not hold the City responsible in the event of a blockage or back-up, there would be ~maintenance problems and expenses the City would be faced with due to the shallow nature of the storm sewer on Sarah ~ereet. The Design & Construction Engineer advised that the matter had been discussed by the Staff Management Committee because of the maintenance concerns, and it was accordingly decided that because of the anticipated problems, there should be some type of agreement on record protecting the City from possible claims. It was further advised that while in most cases this type of installation would alleviate the problem, in this case, the problem could continue. Following further comment, it was moved by Aldermnn Puttick, seconded by Alderman Fete, that the matterbe tabled for further discussion, and that the residents involved be in attendance at the Council meeting when the matter is again considered. Carried Unanimously. No. 48 - City Manager - Re: Winter Sand. The report reconm~ends that the remainder of the present stockpile of winter sand material be Used, and requests Council~s guidance on the type of material to be purchased for the remainder of the winter season. Alderman Dilts stated that the material used by the Region was considerably liner than the type used by the City. The Alderman felt that the coatset material would not give the same amount of coverage as would liner sand, and that the build-up of this material on the strccts could cause problems when City equipment cleaned it ~p in the spring. His Worship, Mayor Thomson - 6 - agreed that the build-up of the material on the roadways and boulevards was incredible, and suggested that when reviewing the coot, clean-up and damage to boulevards must also be taken into account. The Mayor also asked if the sand could not be tendered on a Regional basis in order to get a better price. The Director of Municipal Works indicated that sand is not usually purchased under a Regional tender. With respect to the existing material, the Director of Municipal Works suggested that the existing stockpile be used, and that a finer type of sand be purchased for comparison purposes. In response to a question raised by Alderman Cummings, the Maintenance and Operations Engineer advised that if the current weather improves, the existing stockpile could last another month. The Director of Municipal Works advised that a meeting was being arranged on winter control, and this matter could be discussed at that meeting. Following further comment, it was moved by Alderman Schisler, seconded by Alderman Dilts, that the existing stockpile of winter sand be used, and that a meeting on winter control be held prior to the purchase of additional material. Carried Unanimously- No. 49 - City Manager - Re: Restrictions on City Bridge Structures. The report outlines certain recommendations with respect to the Whirlpool Road bridge over the HEPC Canal, Willowdell Road bridge over Tee Creek, Gonder Road bridge and Miller Road bridge. The Director of Municipal Works provided additional information in response to several questions raised. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 50 - City Manager - Re: Highway #420 Signing. The report recommends endorsement of two suggestions regarding signing at the intersection of Highway #420 and Stanley Avenue and that the Ministry of Transportation and Communications be requested to include these changes in the tender call slated for January 1979. ORDERED on the motion of Alderman MacBalu, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimousl~L· No. 51 - City Clerk - Re: Railway Relocation Committee. The report advises that five appointments are necessary for the Railway Relocation Committee, and that a meeting of the Committee will be held on January 11, 1979 at 11:00 a~m. ORDERED on the motion 6f Alderman Puttick, seconded by Alderman Fete, that Aldermen Chessman, Binsperger, MacBain, Marterr and Orr be appointed to the Committee. Carried Unanimously. No. 52 - City Manager - Re: Vaccaro's Kestaurant. 'The report reconmeuds preparation of a by-law and agreement for a cash payment in lieu of providing parking spaces for the subject property. ORDERED on the motion of Alderman Orr, seconded by Alderman Fetes that the report be received and adopted. Carried Unanimously. No. 53 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. In response to questions raised by several members of Council, the City Treasurer provided information on Cheques #1739, #1761, #1772, #1819, #1845, #1901 and #1934. In response to a question raised by Alderman Puttick concerning Cheque #1895, the City Treasurer advised that this cheque was payment for the renewal of the Globe & Mail newspaper for 1979. The City Manager advised that the Treasury Department, Clerk's Department, Planning Department, Building and Development Department, the Mayor*s Office and C~ty Manager'.s'office received a copy of the 0lobe &Mail. This newspaper provides up-to-date information on various government decisions that are sometimes not reported by the rest of the media. Alderman Puttick felt that the subscription should be cancelled and any persong wishing copies should purchase them individually. Alderman Cheesman pointed out that the Globe & Mail plays a major role in the daily life of a municipality or large corporation as a medium of communication on a daily basis between governments. The Alderman felt the number of newspapers could be reduced but not simply cancelled. Following further discussion, it was moved-'byAlderman Chessman, seconded -7- by Alderman Dilts, that the Globe &Mail subscription be reduced to four newspapers. The motion was Defeated with the following vote: AYE: Aldermen Cheesman, Dilts, Hinsperger and Wallman. NAYE: Aldermen Cummings, Fera, MacBain, Merrett, Orr, Puttick and Schisler. It was then moved by Alderman Puttick, seconded by Alderman Fera, that the Globe & Mail subscription be cancelled. The motion Carried with the following vote: AYE: Aldermen Cummings, Fera, MacBain, Merrett, Orr, Puttick and Schisler. NAYE: Aldermen Cheesman, Dilts, Hinsperger and Wallman. It was moved by Alderman Schisler, seconded by Alderman Fera, that the report, as amended, be received and adopted. Carried Unanimously. RESOLUTIONS No. 9 - SCHISLER - MERRETT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-3 for the rezoning of lands on the west side of St. Paul Avenue and the north side of Riall Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-1 - A By-law to repeal By-law No. 78-122 adopting Amendment No. 98 to the Official Plan of the Niagara Falls Planning Area..(AM-13/78, E. Rinderlin) No. 79-2 - A By-law to repeal By-law No. 78-123 amending Byelaw ~o. 5335, 1955. (AM-13/78, E. Rinderlin) No. 79-3 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-18/78, Moretta Estates Sub'd.) No. 79-4 - A By-law to authorize the sale of land to the Stamford Centre Volunteer Firemen's Association. (Northwest Recreation Project) No. 79-5 - A By-law to authorize the borrowing of $5,000,000.00. No. 79-6 - A By-law to provide for appointments to various boards, commissions and committees. No. 79-7 - A By-law to provide monies for general purposes. No. 79-8 - A By-law to amend By-law No. 3790 being a by-law for the regulation of traffic. (Parking on Magdalen Street) No. 79-9 - A By-law to amend By-law No. 72-132 to provide for the use of parking meters on streets. (Meters on Magdalen Street) Carried with Alderman Cummings abstaining on a conflict of interest on By-law No. 79-4 and all others voting in favour. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the .following by-laws be now read a second and third time: No. 79-1 - A By-law to repeal By-law No. 78-122 adopting Amcndment No. 98 to the Official Plan of the Niagara Falls Planning Area. (AM-13/78, E. Rinderlin) No, 79-2- A By-law to repeal By-law No. 78-123 amending By-law No. 5335, 1955. (AM-13/78, E. Rinderlin) ~.. No. 79-3 No. 79-4 No. 79-5 No. 79-6 No. 79-7 No. 79-8 No. 79-9 - g - - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Palls, as amended. (AM-18/78, Moretta Estates Sub'd.) · - A By-law to authorize the sale of land to the Stamford Centre Volunteer Firemen's Association- (Northwest Recreation Project) - A By-law to authorize the borrowing of $5,000,000.00. - A By-law to provide for appointments to various boards, commissions, and committees- - A By-law to provide monies for general purposes- - A By-law to amend By-law No. 3790 being a by-law for the regulation~ of traffic. (Parking on Magdalen Street) - A By-law to amend By-law No. 72-132 to provide for the use of parki~ meters on streets- (Meters on Magdalen Street) Carried with Alder!~ Cummings abstainin] a conflict of inte~ on By-law No. 79-4' all others voting~ favour. NEW BUSINESS INAUGURAL DINNER COSTS Alderman Cummings asked if there were any tabulations available on the cost of the Inaugural Dinner. The City Clerk advised that he would be prepari a report outlining the exact costs involved. In response to a question raised by Alderman Cummings, Alderman Fera indicated that the Planning & Development Committee dinenet party would also be on a "pay-as-you-go" basis this year. SCHEDULING OF MEETINGS Alderman Cheesn~au referred to the report on the Railway Relocatio~ meeti~ scheduled for the next week and pointed out that the time set for the meeting was 11:00 a.m. The Alderman pointed out that he was interested in attending this meeting, however due to his work schedule, it was almost impossible for ~ to attend morning meetings. His Worship, Mayor Tho.mson advised that the meeting had been re-scheduled to the morning due to a conflict with another scheduled meeting that he had to attend, and that in future, care would be ta~' to have meetings scheduled for as late in the day as possible. 75THAl~qIVERSARY OFT HE CITY Alderman Cheesman gave a brief verbal report on the various plans being made in recognition of the City's 75th anniversary, and advised that he hoped to have school children as well as several persons knowledgeable in the histo~' of the City involved in these plans. BRIDGE OVER LYONS CREEK Alderman Dilte advised that he had received a number of calls from residents in Chippaws regarding the speed of cars travelling over the bridge over Lyona Creek. The Alderman suggested that the speed limit sign be moved to the west end of the bridge, which would hopefully eliminate any problems that could be experienced with increased summer traffic. · NOTICE OF CHANOE IN GARBACE COLLECTION Alderman Schisler advised that a number of residents in the south end of the City are unable to have copies of the local newspaper delivered to their homesm and occasionally are unaware that the day for their garbage collection had been changed due to a holiday. The Alderman requested that staff investigate some other means of providing advance notice to those residents. : ~ GARBAGE COLLECTION - NIAGARA SQUARE Alderman Puttick advised that it had been his understanding Niagara Square was to provide its own compacting service and arrange for private pick-up of garbage. The Alderman stated that the City's vehicles have to make many trips to remove the garbage and refuse from the plaza, and if this service were provided privately, there could be a substantial savings in time and equipment. It was moved by Alderman Puttick, seconded by Alderman Chessman, that a report on the matter be prepared for consideration at a future Council meeting. Carried Unanimously. DISTRIBUTION CENTRE Alderman Puttick advised that he had noticed an item in the B.I.G. Committee minutes for an expenditure relating to recovery of expenses for the distribution centre, and asked what this expenditure involved. His Worship, Mayor Thomson advised that there was litigation involved in the matter, and that a report would be made to Council in Committee of the Whole. TRAFFIC MOVEMENT - THOROLD STONE ROAD AND STANLEY AVENUE Alderman Puttick asked if there would be any advantage to have certain intersection improvements made at the corner of Thorold Stone Road and Stanley Avenue, such as traffic lights, to facilitate movement of traffic emanating from the Municipal Service Centre. The Maintenance & Operations Engineer agreed that there were delays with vehicles attempting to make left turns on to Thorold Stone Road, and suggested that the matter could be investigated. The Director of Municipal Works indicated that both roadways are under the Jurisdiction of the Region, and that the Region could be asked to comment on the matter. It was moved by Alderman Puttick, seconded by Alderman Chessman, that the Region be requested to comment on possible improvements at the subject intersection to facilitate better traffic movement. Carried UnanimouslX· COMPLAINTS RE: SIDEWALK SNOWPLOUGHING AND WINTER SAND Alderman Wallman referred to two items discussed earlier during the meeting relating to clearing of snow from sidewalks and the removal of winter sand material spread during sanding operations, and suggested that if citizens expect Council to show restraint in spending, some effort would have to be made on their part to cope with these situations. MULTI-CULTURAL RADIO STATION His Worship, Mayor Thomson indicated that Mr. Domenic Morabito would be operating a multi-cultural radio station, and suggested that Council should endorse this undertaking. It was moved by Alderman Merrett, seconded by Alderman MacBain, that a letter of endorsement be sent to Mr. Morabito indicating Council's support of the proposal. 'Carried Unanimously. MEETINGS WITH REGIONAL REPRESENTATIVES His Worship, Mayor Thomsonstated that there had been criticism made ~about the liaison between Regional representatives and City Council, and suggested that a portion of a meeting be set aside every two months to discuss Regional matters. ADDITIONAL APPOINTMENTS TO COP~4ITTEES It was moved by Alderman Cheesman, seconded by Alderman Fera~ that Alderman Puttick be appointed. to serve on the Finance Committee. Carried Unanimously. It was moved by Alderman Fera, seconded by Alderman 0rr, that Alderman Hinsperger be appointed to the Recreation Commission. Carried Unanimously. Alderman Cummings suggested that in the future, some consideration be given to appointing another member of Council to the Social Planning Council. SHRINER'S CREEK His Worship, Mayor Thomson indicated that there were several matters of importance to the City on which a particular member of Council could make it - 10 - their responsibility to keep up-to-date on the progress of the matter, and also to make periodic status reports to City Council. Such matters would be Shriner's Creek, draft zoning by-law or the proposed drainage policy. The Mayor requested that a member of Council volunteer to take over this responsibility with respect to the Shriner's Creek project- Alderman MacBain felt it might be advisable for the Mayor to speak to the different members of Council and determine which members have a particular expertise that would be more appropriate for a specific project. His Worship, Mayor Thomson indicated that he would give the matter further consideration and report back to Council. LAND DIVISION COMMITTEE SEVERANCE APPLICATION B-602(78) FOXHEAD INN LTD. The Director of Municipal Works advised that in processing Land Division Committee decisions involving conditions imposed on behalf of the Municipality!. a check is made to determine if all conditions requested by the City have been included in such decisions. With respect to the subject severance, it was the opinion of the Director of Municipal Works that the decision of the Committee did not include all requirements of the City. The application was for a small easement for a gas line into the complex, and the intent was to sever this easement and deed it to the Gas Company. The City had requested an agreement with the applicant satisfying the City's needs for sanitary sewer and watermain easements. This condition was not included in the decision of the Lend Division Committee. The Director of Municipal Works recommended that Councilauthoriz~Jstaff to appeal the decision of the Land Division Committee on Severance Application B-602(78) for Foxhead Inn Limited, with the proviso that the appeal can be withdrawn if a suitable agreement can be negotiated with Foxhead Inn Ltd., and that Council be advised of any further actions on this matter. It was moved by Alderman MacBain, seconded by Alderman Chessman, that the recommendation of the Director of Municipal Works be adopted· Carried Unanimously· It was moved by Alderman Fera, seconded by Aldermen Cheesman, that the meeting adjourn· Carried Unanimously· MAYOR S. WAYNE THOMS0 READ AND ADOPTED, J.L. COLLINSON, CITY FIFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 15, 1979 Council met on Monday, January 15, 1979 at 6:30 p.m. in Committee of the Whole. All members of Council were present. Alderman Orr presided as Chairman. Following consideration of the arose without reporting. the Committee of the Whole READ AND ADOPTED, S. WAYNE THOMSON Council Chambers January 15, 1979 Council met on Monday, January 15, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Fera offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the minutes of the meeting bald on January 2, 1979, be adopted as printed. Carried Unanimously. DEPUTATIONS MR. R. MEUSER - PARKING OF VEHICLES IN RESIDENTIAL'AREAS Mr. R. Meuser was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Fera. Mr. Menset stated that it was unfortunate that private properties in residential areas are increasingly used for outside storage or parking of trucks, trailers, tractors and buses which are a part of businesses conducted elsewhere, and that no provisions were made to prevent this from happening when the existing rules and regulations for strictly residential areas were established· Mr. Menset felt if this trend is allowed to continue, residential areas would sooner or later become commercial in nature· Since no provisions were made, Mr. Menset felt that people using a section of their residential properties~for storage or parking of such vehicles could not be blamed, however he pointed out that the majority of residents work very hard to keep their lawns and properties attractive· Mr. Menset felt if Council decided to drop the entire issue of parking vehicles on residential properties, the problem would not be solved and would become worse· In discussing this matter with numerous citizens, Mr. Menset found the majority were strongly against the trend of allowing the appearance of residential areas becoming commercial or industrial in nature· Mr. Meuser offered the following recommendations to assist in the matter: 1) Do not restrict the number of cars in driveways, but establish a reasonable ratio of front lawn area to driveway area to avoid excessive widening of driveways; 2) Prohibit placing vehicles on front lawns; 3) Do not prohibit small trucks which are used for strictly private purposes, but limit the truck size or capacity to one half of a ton and the number of trucks to one per residence; 4) Prohibit large trucks and tractors, trailers and buses regardless of capacity and whether they are used for business or private purposes, but make allowance for extreme hardship cases; 5) Do not prohibit recreational vehicles, but do not permit them on front lawns and limit their size in relation to the size of the property~ 6) Do not prohibit occasional parking of vehicles used for commercial purposes; and 7) If it is felt that making allowances in hardship cases might get too involved and create fairness problems, allow existing conditions to remain as long as the residence does not change hands. In conclusion, Mr. Mesuer stated that it - 2 - does not appear to be an easy task to establish in detail a by-law which is fair to the citizens on both sides of the issue, however it would be well worth the effort it if led to the stopping of the trend of residential - neighbourhoods taking on a commercial character due to outside storage or parking of commercial vehicles. Mr. Meuser requested that Council not wait until the issue developed into a crisis for another Council to handle, but to take the lead and work out a reasonable compromise backed by legislation. In response to a question raised by Alderman Chessman, Mr. Meuser indicated that he was aware of the public meetings held in November on this matter, however he was unable to attend. Alderman Cheesman stated that Mr. Meuser's comments were appropriate, however the November meetings would have been the time to bring them before the public- With respect to the comment that this issue could become a crisis, Alderman Chessman pointed out that the Special Committee had discovered there was no crisis and that there was no real concern by the vast majority of the community. Mr, Meuser stated that the petition submitted with seven hundred names did not represent the vast majority of the population. Alderman Chessman stated that while the petition represented a fraction of the population, during the public meetings, no contrary opinion was expressed by the public and the overwhelming demand was to leave conditions as they presently exist. With respect to hardship cases, Alderman Chessman felt the Council could end up with a weekly tribunal trying to determine such hardship cases. An individual in the Chambers felt it was unfair for Mr. Meuser to make these comments and suggestions after the meetings were held. The gentleman pointed out that many residents artended the public meetings, and he could not understand where Mr. Meuser got his information that the majority were in favour of restrictions, when there had been such strong opposition at the meetings. MR. J. MONTGOMERY - CITY OF MAINZ GERMANY The City Clerk advised that Mr. Montgomery had been unable to attend the meeting, and suggested that the matter be tabled. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the. deputation be tabled. Carried Unanimously. MR. T. NRISTOW - TWINNING OF NIAGARA FALLS Mr. T. Hrtstow was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Fern. Mr. Hristow advised that in 1963, a twtnning committee was established in Niagara Falls. The first attempt at twinning was with the Island of St. Vincent, however this was unsuccessful due to extreme political changes. Mr. Hristow advised that there~' is still interest and suggestions for the twinning of'Niagara Falls, and if Council approved the renewal of efforts in that direction, the committee could create an Juiciest among the citizens of the City in selecting a city to twin with Niagara Falls. His Worship, Mayor Thomson commented that there had been several suggestions on this matter and suggested that the City of Mainz, Germany could be referred to the twinning co~ittee for consideration. Alderman Cummings agreed that twinning with Mainz could be discussed, particularly in view of the City's involvement with Germany in the past years. His Worship, Mayor Thomson requested that Mr. Hristow keep Council up-to-date on his efforts, and suggested that he may want to come back and request participation from Council in the future. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the Twinning Committee be re-established under the direction of Mr. NTistow to investigate the twinning of another with city with Niagara Falls. Carried Unanimously. WELCOME His Worship, Mayor Thomson extended a welcome to the 22nd Niagara Scout Troup from~hippawa in attendance at the meeting. UNFINISMED BUSINESS SPEED OF TRAINS IN THE CITY OF NIAGARA FALLS Report No. 54 - City Manager - The report recon~nends that Council approve in principle tile proposed changes in speed limits on the CNR-Welland subdivision~ line, subject to acceptance by the City of the cost sharing arrangement as it relates to affected City roads. -3- Alderman Chessman referred to a comment in the report made by the Canadian Transport Commission that trains passing through the llontrose Road crossing would not be travelling faster than forty miles per hour, and advised that he had been at the crossing recently and had noted that trains were travelling much faster than forty miles per hour at this crossing. In response to a question raised by Alderman Cummings, the City Clerk advised that all regulations concerning trains, other than the sounding of whistles at certain crossings in the City, were beyond the jurisdiction of the City. Such regulations are the responsibility of the Federal Government. ORDERED on the motion of Alderman Fern, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. CONNECTION OF STORM SEWER LATEP~ AT 7967/7975 SARAH STREET Report No. 47 - City Manager - The report recommends preparation of an appropriate agreement indemnifying the City against any loss or damages to persons or property and relieving the City from any responsibility for maintaining, reconstructing or cleaning the subject lateral, that the agreement be registered on title of the subject properties, and subject to Council's approval of this procedure, that the requested connection be made. Mr. W. Tiffin was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Cummings. Mr. Tiffin advised that this problem had been going on for fourteen years and the reason the drain had been installed was to remove water from the rear yards. Mr. Tiffin indicated that he and Mr. Bullied had been told years ago that if they would place the pipe out to the roadway, it would be connected to the storm sewer. In 1977, the pipe was installed, however it was not connected to the storm sewer. Mr. Tiffin advised that he contacted Alderman Dtlts about the problem, following which the City sent a letter stating that if he and Mr. Bullied agreed to certain conditions, the pipe would be connected to the storm sewer. Mr. Tiffin further advised that he and Mr. Bullied could not agree to absolving the City from all claims arising from personal property damage on City property. His Worship, ~yor Thomson stated it was his understanding that Mr. Tiffln and Mr. Bullied had agreed to the City's conditions. Mr. Tiffin indicated that he was willing to take responsibility for the pipe on his property, but not the pipe going into the storm sewer. Mr. Tiffin also felt this agreement should not be registered on the title of his property. Alderman Dilts disagreed with the statement in the report that the residents had not contacted the City prior to construction of the pipe, and pointed out that the City was aware of this fact when sidewalks were constructed on Sarah Street. During construction, a drain was installed under the sidewalk by the City for this purpose. Alderman Dilts stated that Mr. Tiffin and Mr. Bullied have taken the drainage to the City's property, and he felt it was the City's responsibility to install the pipe on City property. While the Alderman agreed the sewer was shallow, he did not feel the City should hold the residents responsible for the drainage pipe on City property. Alderman Puttick was critical of the fact the City would be faced with an expenditure of $450 to make the necessary connection when there was no guarantee the problem would be alleviated. The Alderman suggested the matter be tabled to allow further discussion on finding a more appropriate solution. The Director of Municipal Works advised that the City was not recommending against the installation of a catchbasin. If the piping from the backyards is connected to the storm sewer, there is a problem. The storm sewer is very shallow and there is a very good chance the connection could freeze. The Director of Municipal Works further advised that if a pipe is connected from private property into the storm sewer, and the pipe freezes and causes a back-up on to private property, the City should be absolved from that responsibility. It was also pointed out that in 1967, local improvement storm sewer and road construction was scheduled for this area, however the work was turned down by the residents. The Director of Municipal Works felt a catchbasin should be installed at this location because of the ice conditions. Alderman Puttick felt there was no point in Council authorizing the preparation of the agreement, since Mr. Tiffin had indicated he was not agreeable with the City's conditions. Aldermen Chessman and Schisler pointed out that the agreement would have to be satisfactory to both the residents and the City, and if agreement cantlot be reached, the matter would be reported back to Council. Following further co~nent, it was moved by Alderman Schisler, seconded by Alderman Cheesman, that the report be received and adopted- The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Dilts, Fera, Hinsperger, Schisler, Sobol and Orr. NAY.__~E: Aldermen MacBain, Merrett, puttick and Wallman. PARKING OF VEHICLES IN RESIDENTIAL AREAS Report No. 38 - Special Con~ittee - The report recommends that the City not pass any legislation of any kind to control the number of motor vehicles that.~ may be parked or stored on a residential lot, or to prohibit or control the parking of trucks, buses or recreational vehicles on a residential lot. Alderman MacBain referred to the suggestion made by Mr. Meuser that recreational vehicles not be parked on front lawns, and pointed out that whil,~ it would seem the suggestion would have a lot of merit, this was considered by the Committee and dismissed for a number of reasons. The Alderman pointed out that if an individual had a large lot and spacious driveway, Mr. Meuser's suggestion would be acceptable, however there are many lots in the City with thirty-five to fifty foot frontages. prohibition of parking such vehicles in front of the home would result in a prohibition on them parking on their lots altogether due to the size~ Alderman MacBain stated that the vast majority feel a man's home is his castle, and people want to do with their home what they want, unless there is direct injury to the neighbout- It was the feeling of the Committee there was no such direct damage, and that the citizens of Niagara Falls did not want anymore restriction on the enjoyment of their property unless there is good reason. ORDERED on the motion of Alderman MacBain, seconded by Alderman Chessman, thai the report be received and adopted. · Carried Unanimously. CITY ROAD NEEDS STD])Y Report No. 55 - City Manager - The report recommends that the City Road Needs Study be officially presented at the Council Committee meeting of January 22,~ 1979 by the consultant. ORDERED on the mo~ton of Alderman Cummings, seconded by Alderman Orr, that th reportbe received and adopted. Carried Unanimously- . REQUEST FOR PIGEON CONTROL LEGISLATION Report No. 56 - City Manager - The report recommends that the offer made by Mr. V. Cant of the Niagara Falls Invitational Racing Pigeon Club to elim~nate~ pigeon nuisance be accepted and that both he and Mr. B. Bedford be thanked for their effort in attempting to solve the problem pf pigeon nuisance of stray pigeons without the formality of enacting and ~nforcing a by-law. ORDERED on the motion of Alderman Chessman, seconded by Alderman Wallman, tha'l the report be received and adopted. Carried Unanimously. ERRORS AND OMISSIONS INSURANCE Report No. 57 - City Manager - The report recommends that the submission by the ONE Insurance Agency Limited for the provision of errors aud omissions insurance to cover all employees aud members of Council be purchased. The report advises that an amount of $1.00 will be deducted from the allowance paid to members of Council as a premium for their coverage. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 20 - Mr. J. Broderick - Re~ Niagara Falls Regional Headquarters Proposal. The communication provides information in response to the brief prepared by tim Preservation of Agricultural Lands Society on the .Cityts proposed site fo Regional Headquarters. ORDERED on the motion of Alderman Cunnings, seconded by Alderman Fera, that the communication be referred to the Regional Council. Carried Unanimously. No. 21 - Regional Municipality of Niagara - Re: 150th Anniversary of the Welland Canal. The conlnunication requests the participation of the City in observance of the 150th anniversary of the Welland Canal. ORDERED on the motion of Alde~nan Cummings, seconded by Aldexman Cheesman, th the communicationbe referred to the City~s 75th Anniversary Committee. Ca.r.r. Unanimously. -5- No. 22 - Chamber of Commerce - Re: Civic Wage Brief. The communication provides information in response to the City staff report on the Chamber of Commerce civic wage brief. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be referred to the Finance Committee. Carried Unanimously. No. 23 - Canadian Union of Public Employees - Re: Civic Wage Brief. The communication comments on the civic wage brief prepared by the Chamber of Commerce. ORDERED on the motion of Alderman MacBain, seconded by Alderman Fete, that the communication be referred to the Finance Committee. Carried Unanimously. No. 24 - Federation of Canadian Municipalities - Re: people-to-People Petition for National Unity. The communication presents a petition on National Unity for the participation of the City. ORDERED on the motion of Alderman Fera, seconded by Alderman Wallman, that the communication be received and filed. Carried Unanimously. No. 25 - Ministry of Transportation & Communications - Re: Load Limits on Municipal Bridges. The communication requests that the City pass by-laws to limit the loads on structures rated less than 18 tons, and that signs be posted accordingly. The Director of Municipal Works referred to a report adopted by City Council at the previous meeting that dealt with this specific matter, ~nd pointed out that the necessary by-law had been prepared as outlined in the communication. It was suggested that the communication therefore be received and filed. Alderman Puttick expressed concern about the safety of the Portage Road bridge over the Hydro Canal, recently re-opened at the request of area businesses- The Alderman indicated that he had received information that the bridge was unsafe and that there was a danger of a car falling through the structure. The Director o~ Municipal Works stated that he had recently had a car weighed at Queenston Quarry and found the weight of a normal size car to be 2.68 tons. He had written to the Region pointing this fact out, and requested the Region to determine if the bridge would hold this weight. The Director of Municipal Works further advised that the Region had an investigation of the bridge done by a structural engineer to determine the safety of the bridge. His Worship, Mayor Thomson indicated that if there was any safety hazard with the bridge, he was sure the Region, regardless of political comments, would close the bridge immediately. In response to a question raised by Alderman Cummings, the Mayor advised that snow removal and sanding operations on the bridge are done by hand. Regional Councillor Mitchelson indicated that the concerns expressed by Council are the concerns of the Region as well. The Director of Engineering for the Region has indicated that the bridge will be examined on a regular basis, and if there was any imminent danger, he would close the bridge on his own a~thority and report to both the City and Regional Councillors. Following further comment, it was moved by Alderman. Fete, seconded by Alderman Orr, that the communication be received and filed..'Carried Unanimously. No. 26 - Mrs. J. Smart - Re: "Stoop and Scoop" Legislation. The communication requests that council consider the establishment of "stoop and scoop" legislation in Niagara Falls. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the commuuication be referred to staff for the preparation of a report updating this matter. Carried Unanimously. · No. 27 - Association of Hunicipalities of Ontario .- Re: 1979 Membership. The commuuication provides the 1979 membership invoice to the City. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman, that the annual membership fee of $1726.41 be paid. Carried Unanimously. No. 28 - Canadian League for the Liberation of Ukraiue - Re: Flag Raising. The communication requests that the Ukraiuian National Flag be flown in front of the City Hall for one week commencing January 22, 1979. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the request be approved. Carried Unanimously. -6- REPORTS No. 58 - His Worship, Mayor Thomson - Re: Aldermanic Appointments. The report advises that Alderman Chessman has been appointed to be responsible for the Shriner's Creek project, Alderman Fern for the Draft Zoning By-law and Alderman Dilts for the proposed drainage plan. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman, that the report be received and filed. Carried Unanimously- No. 59 - Alderman A.A. MacBain - Re: Finance Conunittee.. The report recommends · approval of guidelines for the Finance Committee. Alderman Sobol asked if it would be possible when certain items considers by the Finance Committee which are of interest to the entire Council, that the, whole Council be present during the Committee meeting. His Worship, Mayor Thomson advised that such items would be considered by the entire Council, and emphasized that the Finance Committee is strictly a committee to advise Council, with no decision making power. The Mayor further indicated that any matters of an important nature would be directed to Council immediately. ORDERED on the motion of Alderman MacBalm, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 60 - Alderman C. Chessman - Re: Niagara Falls 75th Anniversary Committee.!' The report provides information on plans for observance of the City's 75th Anniversary. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, thati the report be received and filed. Carried Unanimously. No. 61 - Planning & Development Committee - Re: AM-38/78, Frontier Ford Sales Ltd., 4523 Drummond Road, North Side Cherrywood Road. The report recommends approval of the rezoning application subject to Development Control, and that~; Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. Alderman Orr advised that he had received a call QlLthis matter regardingi site problems at the subject intersection and asked if something could be donel to alleviate this problem. The Planning Director indicated that this problem~ would be discussed during consideration of the site plan by the City. ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See Resolution No,~ See By-law No. 79- No. 62 - Planning & Development Committee - Re: AM-39/78, 379515 Ontario Ltd.,a North Side Morrison Street. The report recommends approval of the fezcuing application subject to Development Control and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. ORDERED on the motion of Alderman Orr, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. 'See ReSol~tion Not' See By-law No. 79- No. 63 - Planning & Development Committee - Re: Annual Housing Review 1979. The report recommends approval of the 1979 Annual Housing Review. Alderman Chessman asked why Mr. Macklem of the Planning & Development Committee had voted contrary to the recommendation of the Committee. AldermaT MacBain advised that he spoken to Mr. Macklem on this matter, and Mr. Macklem had been concerned over the large number of lots available 'for permits and whether the Planning Department had given enough significance to the fact the number of starts during the next three years might not be as heavy as suggest~ in the report, Mr. Macklem had also been concerned as to whether the popular: increase factor used in the report was too generous. Mr. Macklem wee granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Merrett. Mr. Macklem felt that plann: is dictated by policies set by the Federal and Provincial governments, and pointed that during the past five years, it can be found the number of lots coming on-stream have been dictated by generous financial contributions by beth levels of government. Mr, Macklem stated that these programs have cease( -7- and the municipalities were now back on their own. Also of concern to Mr. Macklem was his belief that the future growth of the City will not be caused by industry, but the type of growth more dependent upon the City. Mr. Macklem felt the .7% growth factor suggested by the Planning Department was not accurate, and that .0% would be more in line. In summary, Mr. Macklem stated he was not really in disagreement with the report. The Planning Director also commented that the report outlines educated projections, not commitments for financing or servicing. Additional information was provided by the Planning Director in response to a question raised by Alderman Puttick. Regional Councillor Mitchelson advised that there was to have been sums of money made available in 1979 by the Provincial and Federal governments, however due to differences of opinion, only applications for funding will be accepted during 1979, with the transmission of funds to the Province and local municipalities in 1980. In response to a question raised by Alderman MacBalm, Councillor Mitchelson indicated that both levels of government are in the process of changing programs. The R.R.A.P. and A.H.O.P. programs will now be called the Community Services Program, and details have not been finalized as yet. ORDERED on the motion of Alderman Fera, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 64 - City Manager - Re: Chippaws Community Secondary Plan. The report recommends approval of the Chippaws Secondary Plan as the Cityts policy for future urban development in Chippaws and northeast Willoughby, to be used to guide staff and Council in making decisions on development proposals and municipal improvements. It is further recommended that copies of the Plan be sent to the Regional Municipality of Niagara for review and concurrence. Alderman Puttick referred to a proposal several years ago to install a section of sanitary sewer on Sodom Road to permit development of lands in this area. The Alderman felt that development at that time was premature, and that if the sewer was to be constructed, the cost should be the developerrs responsibility. Alderman Puttick asked if this area was still considered to be premature for development, and if servicing would still be the responsibility of the developer. The Director of Municipal Works advised that negotiations had been held with the developer and tentative agreement had been reached to pay for the cost of the sanitary sewer to the limits of the urban development boundaries. Council had approved the expenditure for oversizing of the sewer, with the monies to come from the Expansion & Renewal Fund. Since that time, additional engineering work was done and the Region has made an approach to determine if the developer is willing to pay the additional cost. The Director of Municipal Works advised that the City will be approached as well with respect to oversizing costs, however no tax dollars would be used by the City for this purpose. ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 65 - City Manager - Re: Consent and Minor Variance Applications by Anne Csele, Former Railway Right-of-Way in Willoughby & Crowland Area. The report recommends that Council confirm the actioo.:-taken by staff to appeal the subject decision of the Land Division Committee, and that further severances and minor variances be objected to and appealed if granted. His Worship, Mayor Thomson indicated that this matter was quite serious and that he had received calls from citizens expressing their concerns. Farms in this area were split by the railway right-of-way for a number of years, and the land was now being sold privately and the farm owners were not being given an opportunity to purchase the land. The Mayor stated that if this land was fenced, the farmers would have to travel considerable distance to maintain all of their lands. Aiderman Schisler stated that in his opinion, the lots being created would not make good building lots and should not be permitted because there are no services available. Alderman Sobol expressed concern .over the fact the City was not sent a copy of the Land Division Committee decision until the appeal period had expired. His Worships Mayor Thomson stated this had been an oversight due to the election and Christmas holidays. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 66 - Recreation Commission - Re: Training Institutes. 'l~e report recommends the attendance of the Director of Recreation at the Great Lakes Park Training Institute in Angels, Indiana from February 18-22, 1979, and the attendance of the Deputy Director of Recreation at the Ontario RecreationI Society in Ottawa from January 24-27, 1979. Alderman puttick questioned the necessity of attending such seminars, particularly in view of the topics to be discussed. It was moved by Alderman Puttick, seconded by Alderman MacBath, that permission for attendance at the subject training institutes be denied, and the report be received and filed. The motion Carried with the following vote:~! AYj: Aldermen Cummings, Dilts, Fete, MacBain, Merrett, Orr, Puttick, Sobol and Wallman. NAYE: Aldermen Chessman, Hinsperger and Schisler. No. 67 - Recreation Commission - Re: Community Resources Centre Appointment. The report recommends that Mr. Cecil Amadio be appointed to the Centre Committee of the Community Resources Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 68 - City Manager - Re: Expenditure for the Acquisition of Land for the Greater Niagara Transit Commission. The report advises that a by-law has been.prepared to authorize an expenditure for the acquisition of land for use l in connection with the bus maintenance and storage facility of the Greater Niagara Transit Commission, for the consideration of Council. Alderman Sobol asked if the City was satisfied all of the problems with respect to claims against the lands had been solved. The Deputy City Solicitc stated that as indicated in the report, the City Solicitor was not prepared to certify title to the property, and that there were several outstanding matters. His Worship, Mayor Thomson indicated that because this land will not affect the existing building or the addition to be built, it was felt the property acquisition should proceed. Alderman Chessman also cowensured " that there was a monetary incentive in proceeding with purchase of the land at this time since the City stood to gain a substantial grant to make the proposed expansion possible. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the report be received and filed, and the by-law given the necessary readings.~ The motion Carried with Alderman MacBain abstaining on a conflict of interestl; and all others voting in fayour. No. 69 - City Manager - Re: Mr. Romeguano on Willoughby Drive. The report offers two alternatives in providing access to Mr. Romagnano's property on Willoughby Drive: 1) That Mr. Romagnano pay the entire cost of making the improvements to the roads with the work to be carried out to the direction, specifications and satisfaction of the Director of Municipal Works; and 2) That the part of the roads required by Mr. Romeguano for access be stopped the right to terminate the lease at any time. Mr. J. Nicoletti, solicitor for Mr. Romsgnano, advised that he had enough time to discuss wit'h his client the costs involved in the alternat: outlined in the report. Certain amounts had been mentioned with respect ~o the first proposal, however Mr. Nicoletti advised that his client was not certain of the exact costs involved if he supplied the material and did the work himself. Mr. Nicoletti requested theft his client 'be allowed additional time to investigate the costs involved. I. His Worship, Mayor Thomson suggested that a letter should be sent to the M.T.C. requesting an extension on the.closing of Willoughby Drive and Morningstar Roads to permit Mr. Romeguano enough time for construction. ORDERED on the motion of Alderman .Fore, seconded by Alderman Merrett, that the matter be tabled, and further that the M.T.C. he requested to grant a further extension on the closing of Willoughby Drive and Morningstar Road. Carried Unanimsusly. No. 70 - .CJtlM!nJF~ - Re: 1978 Local Improvement Program. The report advises that petitions have been received with respect to three items includel in By-law No. 78-204, for the 1978 Local. improvement Program: 1) Item 4, Asphalt pavement, curbs and gutters and storm drains on Rysdale Street; 2) Item 1, Storm Sewer on Windormers Road; and 3) Items 2 & 3, Asphalt pavement, curbs and gutters and sto~m ~l'tains on Pettit Avenue. The petition with respectS, to Item 4 was~s,u~fl¢lantly. silXned~ however the petition and letter -9- received with respect to Items 1, 2 and 3 were not sufficiently signed. The report recommends that Item 4 be deleted from the by-law and application be made to the Ontario Municipal Board for approval of the remaining work. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. See Resolution No. 12 No. 71 - City Manager - Re: Grant in Lieu of Taxes, Whirlpool Rapid Bridge. The report recommends that this matter be referred to the Finance Committee in order that preparatory work on a new request to the Province can be undertaken immediately. ORDERED on the motion of Alderman bchisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 72 - City Manager - Re: Proposed Sale of Ontario Hydro Lands, Part of Range 19 & 20, Falls Company Plan. The report recommends that Ontario Hydro be notified that the City is not interested in purchasing the subject lands in order that the lands may be disposed of for development purposes. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 73 - City Manager - Re: Ontario Housing Corporation Agreement Rent Supplement Program. The report recommends that the municipal subsidy agreement be extended for an additional five years and passage of a by-law to authorize an amending agreement to this effect. ORDERED on the motion of Alderman Fera, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. See By-law No. 79-13 No. 74 - City Manager - Re: Acquisition of Lands for Phase II Northwest Recreation Project. The report advises that an objection has been received to the City's application for approval of the subject land acquisition on the basis the acquisition cost is excessive and in order to resolve this concern, it is recommended that the City Manager be given authority to obtain an independent appraisal of the lands to be acquired. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 75 - City Manager - Re: Railway Relocation Study. The report recommends that a public meeting be held at the Niagara Falls Public Library at 7:30 p.m. on Tuesday, January 30, 1979 on this-matter. The report advises that for those persons unable to attend in the evening, staff will be available at the Library during the afternoon of January 30th, 1979. In response to a question raised by Alderman Chessman, His Worship, Mayor Thomson indicated that the meeting would be advertised in the Niagara Falls Review, the St. Catharines Standard and the Welland Tribune. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 76 - City Manager - Re: Downtown Parking Lots. The report recommends that the City Manager be authorized to call tenders for the demolition of the building at 4443 Huron Street, and to place granular material so that additional off-street parking will become available in the downtown. ORDERED on.the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 77 - City Manager - Re: Sylvia Place Parking Lot. The report recommends that a by-law be prepared to making certain changes in employee pa~king on the southerly section of the Sylvia Place parking lot. Alderman Cheesman stated that persons affected by this by-law had brought this matter to his attention, and were not very happy about the matter being approved by Council before they had a chance to read the report or review the by-law. The Alderman suggested the matter be tabled until the next meeting. The Director of Municipal Works advised that the by-law would not submitted until the next Council meeting, which would leave a period of two weeks for interested persons to review the suggested changes. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 78 - City Manager - Re: Taxi Stands on Clifton Hill. The report recommends that the Region. be advised the City has no objection to a taxi stand on the - 10 - north side of Clifton Rill between Falls Avenue and River Road, provided nO horse drawn carriages are eliminated, to a maximum of three spaces. ORDERED on the motion of Alderman Schisler~ seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 79 - City Manager - Re: Ontario Good Roads Annual Conference. The report recommends: 1) That three members of the Municipal Works be authorized to attend the O.G.R.A. Conference (including the Construction Superintendent and Streets Superintendent); 2) That one member of Council be authorized to attend the Conference; and 3) That as many members of Council as possible attend the one day seminar for Councillors on February 26, 1979- The conference will be held in Toronto from February 26th to February 28th, 1979. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: ~m AYE: Aldermen Cheesman, Dtlts, Merrett, Orr, Schtsler and Wallman. , NAYE: Aldermen Fera, Hinsperger, MacBain, Puttick and Sobol. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that Alderman Puttick be authorized to attend the Conference. Carried Unanimously~ NOTE: Alderman Cummings was absent when the vote was taken on this matter. No. 80 - City Manager - Re: Site Plan Approval, Proposed Addition to Betty's Restaurant on Sodom Road. The report recommends approval of the subject revised site plan as submitted. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 81 - City Manager - Re: Ontario Housing Corporation Agreement for 120 Senior Citizen Units on Portage Road (Portage Green Subdivision). The reporti recommends passage of a by-law to authorize an agreement between Ontario Housing Corporation and the City relating to 120 senior citizen units on the easterly side of Portage Road opposite St. John Street. ORDERED on the motion of Alderman Cummings, seco?~d by Alderman Wallman, tha~ the report be received and adopted. Carried Unanimously. See By-law No. 79!, No. 82 - City Manager - Re: Canadian National Servocentre Program. The report advises that the application by C.N.R. for changes in the Servocentre Program, confirms or formalizes the situation which has been in effect locall for approximately ten years. It is recommended that the report and applicati be received and filed. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 83 - Alderman M. Sobol - Re: City Landfill Site. The report recommends t a public meeting be held on February 6, 1979, at a locationnot yet determine Once arranged, the place and time will be advertised in the local newspaper. Alderman Sobol advised that the purpose of the report was to keep C~unc~ informed of the progress of the Landfill Site Committee. There were us recommendations in the report and Alderman Sobol stated the only matter settled was that the lifetime of the existing site must be extended.. The Alderman commented that there may be no other choice but to exclude non- putrescible material from the site, and that consideration would be given - to providing a non-putrescible site in the City depending on the Regishis plane to have one or two central landfill sites. The Director of Municipal Works advised that the Region t8 investigating the poss~btlity of a central landfill site, and has established a technical committee composed of staff from the Cities of Thorold, Welland, St. Catharines arid Niagara Falls, to investigate long range aspects. ORDERED on the motion of Alderman gobol, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously. filed. No. 84 - City Clerk - Rex Advisory Report. The report lists a number of letters received from the Federation of Canadian Municipalities, Ontario Hydx Canadian Niagara Power Co., Central Mortgage & Housing Corporation, Ministry of Transportation & Communications, Regional Municipality of Niagara and the Social Planning Council!: It::is~ecOmme~nded ~hat the report be received and - 11 - Aldermen Merrett referred to the letter from the M.T.C. concerning the · resurfacing contract for Highway #420, and commented that the Ministry did not appear to be concerned with the City's tourist-commercial traffic. The Alderman felt the City should take further action by contacting Mr. Kerris, the City's Provincial representative, and having the complaint brought directly to the attention of the Minister. Alderman Puttick pointed out that the contract had been awarded, and that a delay could result in the contract having to be re-tendered with the possibility of a higher price having to be paid. Hie Worship, Mayor Thomson suggested that staff contact the District Engineer to outline the concerns of the City and the tourist industry. The Director of Municipal Works also suggested that the City could work with the contractor in an effort to reduce inconvenience to motorists as much as possible. In response to a question raised by Alderman Cheesman regarding the Con-Rail storm drainage works, the Director of Municipal Works indicated that the City would be using additional monies from the Expansion and Renewal Fund to offset the additional cost. The City became aware of possible funding by C.M.H.C. after the construction by-law had been approved, so there had been no original commitment for funding by C.M.H.C. Alderman Cummings referred to the letters from the Social Planning Council, and stated that since he was the Council representative on the Social Planning Council, he would continue to have information and reports on the activities of the S.P.C. sent to Council periodically. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. No. 85 - City Manager - Re: Building Permits. The report provides a breakdown of the permits issued by the Building & Development Department for the month of December, 1978 as compared to 1977. ORDERED on the motion of Alderman Orr, seconded by'Alderman Wallman, that the report be received and filed. Carried Unanimously. No. 86 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Manager and City Treasurer provided additional information in response to questions raised on C~eques #2009, 2023, 2029, 2042, 2049 and 2072 by several members of Council. In response to a question raised by Alderman Puttick on Cheque #2038, the City Manager advised that the expenditure was not for a conference but attendance at an International City Management Association meeting. Alderman Puttick felt the City Manager should reduce his involvement in such committees and associations, particularly in view of the many important matters and serious problems requiring attention in the City. The City Manager advised that the I.C.M.A. is very important to municipal administrators, in that it provides information and data on all aspects of municipal administration. The City Manager also pointed out the~mportance of seminars and conferences to all businesses and municipalities and keeping up to date on new practices and improving knowledge of the staff and elected officials involved. His Worship, Mayor Thomson felt that the report requested on confersaces and committees should be brought to Council as quickly as possible for consideration. ORDERED on the motion of Alderman gobol, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No, 10 - FERA - DILTS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-10, for the rezoning of lands on the northwest corner of Drummond Road and Cherry~ood Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of ~he Corporation be hereto affixed. Carried Unanimously No. 11 - ORR - FERA - RESOLVED that the Council of the Corporation of the Ct%y of Niagara Falls hereby certifies that By-law No. 79-10 for the rezoning of Lot 13, Block N, Registered Plan 35 on the north side of Morrison Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and appro~ed by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimous!X - 12 - No. 12 - FBRA - SOBOL - RESOLVED that proposed By-law No. 78-204, being a By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act, which was read a first and second time at the meeting of Council held on October 16th, 1978, be amended as follows: 1) By striking out the figures $405,000, $102,001, $194,236 and $108,763 in the first, second and fourth lines, respectively, of the foerth recital and inserting in lieu thereof $295,000, $61,643, $150,783 and $82,574 respectively; 2) By striking out "1 to 5, inclusive" in the second line of the sixth recital and inserting in lieu thereof "1, 2, 3 and 5"; 3) By striking out "2 to 5, inclusive" in the third line of the seventh recital and inserting in lieu thereof "2, 3 and 5"' , 4) By striking out "1 to 5, inclusive" in the third line of section 3 and inserting in lieu thereof "1, 2, 3 and 5"; 5) By striking out "2 to 5, inclusive" in the second line of section 4 and inserting in lieu thereof "2, 3 and 5"; 6) By striking out the figures "15,308, 23,036 and 11,656" in Item 2 of Schedule "A" under the respective headings for Estimated General City Share, Estimated Urban Service Areas' Share and Estimated Owners' Share and inserting in lieu thereof "16,508, 23,436 and 10,056"; 7) By striking out all of Item 4 of Schedule "A"; 8) By striking out the totals "$405,000, $102,001, $194,236 and $108,763" at the bottom of the first, second, third and fourth columns of figures in Schedule "f' and inserting in lieu thereof "$295,000, $61,643, $150,783 and $82,574", respectively; 9) By striking out "1 to 5 inclusive" in the first line of Item B of Schedule "N' and inserting in lieu thereof "1, 2, 3 and 5"; and that application be made to the Ontario Municipal Board for an order approving the construction of the local improvement works in accordance with the said proposed by-law, as so amended, and the borrowing of money therefor and the issuance of debentures therefor by The Regional Municipality ., of Niagara for an amount not exceeding $295,000~AND the Seal of the Corporation be hereto affixed. Carried Unanimou? BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that leave be granted to introduce the following by-laws, and the by-laws be read~ a first time: . No. 79-10 - A By-law to amend By-law No. 2530~ 1960 of the former Township Stamford, now in the City of Niagara Falls, as amended. (AM-38/Ti Frontier Ford) No. 79-11 - A By-law to amend By-law No. 5335, 1955, as-amended. (AM-39/78, 379515 Ontario Ltd.) No. 79-12 - A By-law to authorize an expenditure for the acquisition of land by the Greater Niagara Transit Commission. No.. 79-13 - A By-law to authorize an amending agreement with Ontario HouS~__ng Corporation. (Rent Supplement Frogram) No. 79-14 - A By-law to authorize an agreement with Ontario Housing Corporat respecting 120 senior citizen housing units on Portage Road. No. 7.9-15 - A By-law to allow the maintaining and.-using of a building which encroaches on Daly Street and Front Street. No, 79-16 - A By-law to provide monies for general purposes. No. 79-17 - A By-law restricting the weight of vehicles passing over certain bridges. Carried with AId. MacBain abstaini' a conflict of in and all others in fayour. - 13 - ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the following by-laws be now read a second and third time: No. 79-10 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-38/78, Frontier Ford) No. 79-11 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-39/78, 379515 Ontario Ltd.) No. 79-12 -.A By-law to authorize an expenditure for the acquisition of land by the Greater Niagara Transit Commission. No. 79-13 - A By-law to authorize an amending agreement with Ontario Housing Corporation. (Rent Supplement Program) No, 79-14 - A By-law to authorize an agreement with Ontario Housing Corporation respecting 120 senior citizen housing units on Portage Road. No. 79-15 - A By-law to allow the maintaining and using of a building which encroaches on Daly Street and Front Street. No. 79-16 - No. 79-17 - A By-law to provide monies for general purposes. A By-law restricting the weight of vehicles passing over certain bridges. Carried with Alderman MacBain abstaining on a conflict of interest, and all others voting in favour. NEW BUSINESS SEMINAR FOR NEWLY ELECTED COUNCILLORS Alderman Merrett indicated that he had artended the seminar for newly elected councillors held in Brantford recently. The Alderman stated that one of the sessions dealt with conflict of interest and municipalities, and he suggested that it could be a topic worthy of discussion at a future Council meeting. MALL OF THE MIST MINOR VARIANCE Alderman Puttick referred to the notice of hearing for a minor variance by the Mall of the Mist Motel requesting relief from the by-law requirements for setback from 25' to 6', and suggested that the variance seemed to be excessive. The Alderman asked if staff were reviewing this matter. ~1~e Director of Municipal Works indicated that he was not familiar with that specific application, however the application would be reivewed prior to the hearing. J Y~M.C.A. SWIM-A-THON His Worship, Mayor Thomson advised that City staff had issued a challenge to the Council to compete in the Y.M.C.A. Swim-a-thon. The Mayor indicated that Aldermen Cummings, Merrett, Orr and himself would be challenging the City team comprised of S.R. Price, G. Farrell, S. Olszewski, P. Copeland and J. Peck., WATER DETECTION SURVEY His Worship, Mayor Thomson advised that the City of Port Colborne had recently carried out a water detection survey of their water distribution system, and had been able to reduce the gallonage purchased from the Region, thereby reducing costs. The Mayor suggested that a report be prepared for Council on how this type of'study is carried out, the costs involved and whether or not such a study would be useful in reducing water consumption. It was moved by Alderman Chessman, seconded by Alderman MeTtart, that the matter be referred to staff for the preparation of a report. Carried Unanimously. - 14 - It was moved by Alderman Cheesman, seconded by Alderman Dilts, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, CITY MAYOR S. WAYNE THOMSON SIXTH MEETING Council Chambers January 22, 1979 SPECIAL MEETING Council reconvened in formal session on Monday, January 22, 1979 following a meeting of the General Committee. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. RESOLUTION - SAMRAY TAX ARREARS In response to a question raised by Alderman Schisler, the City Solicitor advised that there is a time period of three years involved on approved properties before a municipality can register a certificate for tax arrears. The decision of Council in Committee of the ~ole was to sue for arrears, and this action can be taken as early as fourteen days after taxes are due, as a debt which can be recovered. Alderman MacBain asked if there should be some mention in the resolution of the previous owners of the property, since there were arrears owing prior to the sale of the property. The City Solicitor advised that this suggestion had been passed on to the City's Toronto counsel, however the resolution was worded in such a way that it did not restrict counsel from following what had been suggested. Alderman Cheesman stated it was his understanding that the Committee of the Whole had given authority to the City Solicitor to act in accordance with the recommended advice of the Toronto counsel, and asked if the course of action outlined in the resolution had been on the advice of the Toronto counsel. His Worship, Mayor Thomson indicated that Council's resolution had been to accept only full payment, and if full payment was not made, the action outlined in the resolution was to be taken. In response to a question raised by Alderman Fera, the City Solicitor indicated that the action taken to sue for recovery of the arrears was not on the advice of the Toronto counsel. Following further comment, the following resolution was voted upon: No. 13 - CUI~INGS - ORR - RESOLVED that Messrs. Weir and Foulds be instructed to commence an action in the Supreme Court of Ontario at once for the arrears of taxes for the years 1974, 1975, 1976 and 1977, and penalties and interest thereon owing to The Corporation of the City of Niagara Falls in respect of the property at 4431 Victoria Avenue (Roll No. 1-7-169) owned by Samray Limited; AND the Seal of the Corporation be her,to affixed. Carried Unanimously NEW BUSINESS RESURFACING OF HIGHWAY #420 His Worship, Mayor Thomson indicated that he had received a call from Mr. V. Kerrio, the City's Provincial Representative, offering his services to the City in contacting the Minister of Transportation & Communications with respect to the resurfacing of Highway #420. The Mayor advised that Mr. Kerrio would make the concerns of the City and the tourist industry known to the Minister. The City Manager advised that discussions had been held with officials of the M.T.C. and the contractor who will be performing the work. Both the Ministry and the contractor indicated that it would be best to have the work completed prior to July 15th. The City Manager further advised that Mr. Kerrio's assistance in making these concerns known to the Minister would help as well. BUS STOP ON DORCHESTER ROAD Alderman Cummings advised that he had received complaints regarding the bus stop on Dorchester Road across from Towers Department Store. Due to the amount of snow on the roadway, a safety hazard had resulted for the persons waiting for a bus at this stop. The Maintenance & Operations Engineer advised that he would call the Region in the morning and request that the snow be cleared at this location. -2- FIN C CO ITTEE Alderman Chessman asked if two matters could be discussed at the next Finance Committee meeting. The first item dealt with the 75th Anniversary of the foundlug of Niagara Falls, and Alderman Chessman pointed out that there would be costs involved in suitably observing the event. His WorshiP, l~ Mayor Thomson felt that the various persons interested in participating in the preparations should meet with the Special Committee and prepare a budget for the consideration of the City. The Mayor also felt that it would be in order to contact local industries for possible manpower and financial participation- Alderman Chessman also asked if the Finance Committee could reviow the matter of attendance at conferences, workshops and seminars. The Alderman felt the present way of dealing with each conference or workshop individually was not appropriate, and that the Finance Com{nittee could consider a generali policy and come up with suggestions over a long term- His Worship, Mayor Thomson pointed out that a full report on this matter has been requested from staff for consideration of the Finance Committee- It was moved by Alderman Fera, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ~3.~'.'COLLINSON, CLERK SEVENTHMEETING ComMittee Room #1 January 29, 1979 COMMITTEE OF THE WHOLE Council met on Monday, January 29, 1979 at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman MacBain presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, SO CITY ~ COL~IN N, ~i-;--.. MAYOR WAYNE THOMSON Council Chambers January 29, 1979 . Council met on Monday, January 29, 1979 at 7:30 p.m. for the purpose of considering general business. All.members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the minutes of the meeting held on January 15, 1979, be adopted as printed. Carried Unanimously. pRESENTATION - UNITED WAY CAMPAIGN His Worship, MAyor Thomson presented awards on behalf of the United Way of Niagara Falls to the employees of the City for the amount of their total donations. An award was also presented to Mr. P.J. Brennan, Deputy City Clerk for co-ordinating the campaign among City employees. The Mayor advised that this year's United Way Campaign reached its objective under the General Chairmanship of Mr. S.R. Price, City Manager. DEPUTATIONS MR. B. BROWNttILL - HUMANE SOCIETY OPERATION The City Clerk advised that Mr. Brownhill was ill and unable to be present at the meeting. It was further advised that the deputation would be placed on the agenda for the next regular meeting of Council. MINISTRY OF THE ENVIRONMENT - OFFICIAL PLAN AMENDMENT NO. 97 M.T.C. SURPLUS LANDS Representatives ofthe Ministry of the Environment Mr. M.B. Foley, Mr. H. Gidamy and Mr. S. Eaton, were granted penntssion to address Council on the motion of Alderman Cummings, seconded by Alderman Dilts. Mr. Foley advised that the purpose of the deputation was to convey the Ministry's concern relative to the establishment of residential uses where noise problems are anticipated. Mr. Gidamy provided a detailed background of the proposed development of the lands at Lundy's Lane and the Q.E.W. A slide presentation on the problems of noise pollution and how it can be combatted with the erection of walls and berms was given by Mr. Eaton. It was pointed out that such walls and harms greatly increase the costs for residential development~ not only for the initial installation but for continuing maintenance after. Mr. Eaton stated that other alternatives would include the construction of walls as noise barriers, but this also is high in cost. Both berms and walls have an adverse influence upon drainage in an area. Mr. Eaton advised that another alternative was to erect a type of building adaptable to the use of acoustical walls designed in such a way to minimize the effect of noise. An example of such a building would be horseshoe shaped with a courtyard facing - 2 - Belmont Street. In reply to a question raised, Mr. Eaton indicated that a commercial building is more adaptable to noise prevention construction than several single family dwellings- Mr. P. Pasquet was granted permission to address Council on the motion of Alderman MacBain, seconded by Alderman Cummings- Mr. pasquet advised that he has been a resident on Belmont Avenue for twenty-seven years and has not experienced any problems caused by traffic noise from Lundy's Lane or the Q.E.W. He pointed out that the residents wished only to have a high quality residential area extended by the development of the subject lands. At the conclusion of the discussion, His Worship, Mayor Thomson thanked the Ministry of Environment representatives for providing City Council with the detailed technical information required to deal with development in such areas. UNFINISHED BUSINESS YORK MANNOVER DEVELOPMENTS LIMITED - pROPOSED FERRIS WHEEL AT MAPLE LEAF VILLAGE AND APPLICATION FOR JUDICIAL REVIEW TO SET ASIDE THE DECISION OF THE COMMITTEE OF ADJUSTMENT Report No. 87 - City Manager - The report recommends payment of the account of Messrs. Fagken & Calvin for legal services in acting for the City on the subject application, in the amount of $11,909.71. Alderman Puttick questioned the wisdom of approving the payment of the account at this time, in view of certain unsettled aspects of the situation~ ORDERED on the motion of Alderman Puttick, seconded by Alderman MacBain, that the report be tabled until the next meeting. Carried Unanimously. It was moved by Alderman Puttick, seconded by Altarman Merrett, that the report of the planning & Development Committee dealing with AM-26/78, be brought forward for consideration at this time. Carried Unanimously- REPORT No. 88 - Planning & Development Committee - Re: AM-26/78, M. Aiello, Southwest Corner of Montrose Road and Mulhern Street. The report recommends denial of the application to permit the construction of a neighbourhood variety stoke. Mr. J. Rocca, solicitor for the applicant, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Fera. Mr. Rocca advised that the application had been in process for almost five years and had been before the Committee of Adjustment on three occasions. Originally the application had been for an apartment complex, however the application now covers a simple variety store. Mr. Rocca advised that his client suffered from a foot ailment which my become disabling,. and his main concern was how he would take care of his family in the future. The lot in guestion is 80' x 85', and the proposal calls for a variety store 1200 sqi ft. in area with parking for six vehicles. Mr. Rocca stated that the site plan had been altered to provide an entrance on Mulhern Street. It was pointed out by Mr. Rocca, that the one objection raised dealt with the fact there is already one variety store in the neighbourhood, and while many comments had been made on the principle of free enterprise, some opposition had been spearheaded by the owner of the existing variety store. Mr. Rocca felt that most customers would walk to the proposed store and there would not be any considerable increase in traffic in the area. It was Mr. Rocca's opinion that the difference of opinion was strictly between his client and the owner of the other variety store, and that a person who wants to earn a livelihood should not be prevented from doing so. Mr. B. Sinclair, solicitor for the existing variety store owner in the area, was granted permission to address Council on the motion of Alderman Cummingss seconded by Alderman Marterr. Mr. Sinclair described the existing variety store in the area and stated that residents had a right to expect proper planning so that additional commercial proposals would not be allowed in areas where there are 8u~[icient commercial undertakings. It was Mr. ginclair's opinion that damage is done to everyone by allowing too emny commercial enterprises in a given area. -3- Mr. K. McLeod, owner of the adjacent property, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Merrett. Among the concerns raised by Mr. McLeod, was the fact that a variety store would be built next to his home. Mr. McLeod stated that he would not have built his home in this location if he had known a variety store would be permitted next door. Alderman Cheesman asked if there was any loss of land involved which prevented Mr. Aiello from proceeding with an apartment building proposal, as it might have been better for him to invest in the apartment complex originally planned. Mr. Rocca replied in the negative, stating it was Mr. Aiello's choice to proceed with the variety store. Alderman Fera reviewed the discussions that had taken place when the application had been heard before the Planning & Development Committee, and expressed the opinion that in spite of all the talk about free enterprise, he felt the objections were not so much against the variety store as against Mr. Aiello himself. Alderman Sobol commented that it was the primary function of the Planning & Development Committee to provide guidance and protect the property of all residents of the City. Alderman Wallman agreed with Alderman Sobol's comments and stated that the City's rules must be adhered to and enforced. Following further discussion, it was moved by Alderman Fera, seconded by Alderman Merrett, that the application be approved. The motion Carried with the following vote: AYE: Aldermen Fern, Hinsperger, MacBain, Merrett, Orr, Puttick and Schisler. NAYE: Aldermen Chessman, Cummings, Dilts, Sobol and Wallman. See Resolution No. 14 COMMI/NICATION No. 29 - Niagara Falls Public Library Board - Re: Chippawa Branch Library. .The coumnunication requests that Council advise whether the expansion or relocation of the Chippaws Branch Library is to be reviewed this year, and the status of the project as related to the capital and operating budgets. Alderman Puttick suggested that the matter be referred to the Finance Committee, and that the Library Board supply the Committee with detailed background information to assist in their consideration of the request. Alderman Dilts indicated that he had made some inquiries and in his opinion, it would not be advsiable to spend any more funds on the Chippawa library facilities at this time. The Alderman stated that he would be interested in knowing the cost of a new building, and felt that Alderman MacBain's previous suggestion of investigating the possible use of the Niagara South recreation complex property for this purpose, was an excellent idea. Alderman Dilts advised that he was opposed to spending any more money on the existing building, although he d~d agree there was not sufficient space at present. His Worship, Mayor Thomson mentioned that the secondary plan for the former Village of Chippaws' contained a recommendation regarding library facilities, suggesting that a new library site of about two acres be acquired in a location central to the area, since the long term needs of the community would not be serviced by the existing site, even with proposed additions. Alderman MacBain suggested that representatives of the Board be invited to attend a meeting of the Finance Committee to discuss the matter further, and that a report be prepared so that the groundwoFk could be done more effectively. The Alderman emphasized that the Library Board must realize that the City cannot continue the way it has in the past. Library costs in 1978 amounted to $659,400 and Alderman MacBain felt they could soon be closer to the one million dollar point. The Alderman was not opposed to the branch facility in Chippaws, and while the obligation to the residents of Chippawa was recognized, he felt the City could not continue to spend unlimited funds on libraries. Alderman Chessman noted that it is a well known fact that the population was becoming older all the time, resulting in more and more leisure time~ and the libraries are not only for young people and students. Alderman 0rr stated that in his opinion, there was a definite need for a new library in Chippawa, however the Council must examine its priorities and p!ace such items in their proper perspective. . .... 4 -4- His Worship, Mayor Thomson suggested that staff provide Council with a full report, obtain a full presentation from the Library Board, and submit this information to the Finance Committee for consideration- Mr. Frank Lewis, Chairman of the Library Board, stated that he wanted to assure AldermanMacBain and all other members of Council, that the Board was well aware of spiralling costs and was not spending any money foolishly. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Dilts, that staff be instructed to provide full background information on the subject matter prior to its submission to the Finance Committee. Carried Unanimously. UNFINISHED BUSINESS - CON'T, STOOP AND SCOOP BY-LAW AND TOXOCARA CANIS Report No. 89 - City Manager - The report provides information outlined in previous Council reports. The report recommends that a copy of the backgrounq material be forwarded to Mrs. J. Smart, together with an explanation of the investigation taken to date on this matter. AND Communication No. 17 ~ Niagara Regional Health Unit - The communication provides information on the com.w~n roundworm infection (Toxocara Canis) found in dogs, in response to la request by Council. Alderman Sobel suggested that both items be dealt with Jointly, due to their similar nature. The Alderman commented on the remarks by the Medical Officer of Health, and took exception to his claim that Toxocara Canis infections are not considered a serious problem, since they are certainly occurring in Ontario, but are not being reported. Alderman Sobel felt that Council should take action to minimize the contact of children with dogs by banning dogs from public parks and playgrounds, and that a report be obtained on the possibility of enacting and enforcing a stoop and scoop by-la~! The Alderman also felt the Humane Society should~ contacted to determine if information on this problem could be given out when dog licences are applied for by residents. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the reeommendatidns outlined by Alderman Sobel be adopted. Carried Unanimousif 1979-1983 CAPITAL BUDGET Report No. 90 - City Manager - The report advises that the 1979-1983 capital budget has been reviewed in detail by the FinanCe Committee, which recommends unanimous approval to Council. Alderman MacBain commented that the budget, as presented, was designed by staff and he wished to give credit to those members of staff involved in the preparation of the document. The Alderman advised that there had been many reductions and deletions from the original proposals, resulting in a $3,000,000 reduction by the year 1982. It was further advised that there' would be constant monitoring of the economic climate to watch the trend. Despite the fact there had been a $3,000,000 reduction in the debt by 1982, AldermanMacBain pointed out there has still been an increase in the City's debenture debt over the five years in question, which makes it clear how cs~ef the City would have to watch economic indicators over the next twelve months. The Alderman also advised that in 1983, $1,000,000 more per year would be required to service this debenture debt, requiring fourteen mills alone from the current tax rate. There is still a problem in the City with storm drainage, as well as a serious watermain leakage, and .Alderman MacBain stated there was not as much allocated in the Budget for this purpose as Council would have liked. The Alderman cautioned that Council might have to change its priorities, and perhaps allocate more towards storm sewers and new waterm~ Alderman Merrett referred to the amount shown for the Ryerson/Market NIP Area and asked if this project could be deleted and the project undertaken eve a number of years using funds from the current budget. The Director of Municipal Works replied that the project to date had not been approved, and that a report would be considered later in the meeting regarding an objection received to the Clty~s application for approval. It was further pointed out that the City could at any time decide to undertake any capital project using current funds despite the fact a by-law had been passed and approved by the Ontario Municipal Board. The Deputy Treasurer and Budget Director indicated ~hat an amount had been provided in the current budget to oover capital -5- expenditures and that no connnitment had been made against that amount to date. His Worship, Mayor Thomson commented that the Capital Budget was basically a plan of what projects the City would like to undertake during the next five years, and that each item would be dealt with individually by Council during that period. The Mayor thanked the Finance Committee for the effort made in reviewing the Capital Budget, and reiterated his wish that Council examine capital projects again and re-assess them as they are s{~mitted for consideration. Following further discussion, it was moved by Alderman MacBain, seconded by Alderman Chessman, that the 1979-1983 Capital Budget be approved and referred to the Regional Municipality of Niagara for transmittal to the Ontario Municipal Board. Carried Unanimously. COMMUNICATIONS No. 30 - Ministry of the Environment - Re: Amendments to The Environmental Protection Act. The communication invites comment from the Municipality on the proposed legislation prior to its consideration during the next session of the Legislature. ORDERED on the motion of Alderman Cummings, seconded by Alderman MacBain, that the conununication be referred to the Municipal Works Department for the preparation of a report. Carried Unanimously. No. 31 - Canadian National Institute for the Blind - Re: 1979 CCB Ontario Division Conference. The communication requests financial assistance towards additional costs to the CNIB in 1979 in connection with the subject conference. Alderman MacBain suggested that when the matter was considered by the Finance Committee, that consideration also be given to establishing a policy with respect to contributions towards conferences and conventions. ORDERED on the motion of Alderman Fern, seconded by Alderman Merrett, that the conununication be referred to the Finance Committee, and further that the Finance Committee review the establishment of a policy on the matter. Carried Unanimously. No. 32 - Mr. G.0. Davis - Re: Traffic on Glengate Street. The communication outlines traffic conditions on Glengate Street, and suggests that the corner of Glengate and Maplewood be made into a four-way stop intersection. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, that the communication be referred to the Municipal Works Department for the preparation of a report. Carried Unanimously. No. 33 - Regional Municipality of Niagara - Re: Portage Road Bridge over the HEPC Canal. The communication advises that the Region is not prepared to change the existing two ton limit on the subject bridge, and further that the M.T.C. will be carrying out an inspection of the bridge and making recommendations on the structure. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallman, that the communication be received and fif~d. Carried Unanimously. No. 34 - Regional Municipality of Niagara - Re: Road Changes Associated with Proposed Expansion of Marineland and Game Farm on Portage Road. The communication provides information on proposed road changes in connection with the expansion of Marineland and Game Farm on Portage Road. ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that the communication be received and filed. Carried Unanimously. No. 35 - Ftore's Disposal Service - Re: Landfill Site. The communication requests permission to make a proposal to the local business associations and the City to remove from places of business any waste paper or cardboard which would normally be disposed of as garbage. ORDERED on the motion of Alderman Sobel, seconded by Alderman Merrett, that a meeting be set up between the Landfill Site Comm%ttee, City staff, local business associations and Mr. Fiere to discuss the proposal further. ~arried 9nanimously. No. 36 - Ministry of Energy - Re: Energy Conservation in Ontario Municipalities. The communication outlines efforts being carried out by the Ministry to encourage increased energy conservation in Ontario Municipalities. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the City undertake an energy conservation program and that the offer of the Ministry to supply additional information be accepted. Carried UnanimousllLL -6- No. 37 - Rotary Club - Re: 1979 Skate-A-Then. The communication extends an invitation to the Mayor, City Manager, City Hall Department Heads, staff and City Council to participate in the 1979 Skate-A-Then being sponsored by the Niagara Falls Minor Notkey Association and the Niagara Falls Rotary Club on February 3, 1979. At the request of His Worship, Mayor Thomson, Aldermen Merrett and err agreed to act as co-chairmen in co-ordinating the City's participation in the event. ORDERED on the motion of Alderman Merrett, seconded by Alderman err, that the invitation be accepted, and that the City's participation in the event be co-chaired by Aldermen Mettart and err. Carried Unanimously. No. 38 - Volunteer Bureau - Re: Volunteer Appreciation Week. The communicati~ outlines plans of the Volunteer Bureau to co-ordinate Volunteer Appreciation Week from April 29th to May 5th, 1979, and requests the City's participation in observance of the week. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Merrett, tha~ the City participate in Volunteer Appreciation Week, and further that the requested proclamation be approved subject to the established policy. Carried, Unanimously. No. 39 - Mr. D. Marinelit - Re: Balmoral Court Subdivision. The communication4 requests Council's approval for a six month extension on the draft plan appro~ of the subject subdivision by the Ministry of Rousing. ORDERED on the motion Alderman MacBain, seconded by Alderman Schisler, that request be approved. Carried Unanimously. REPORTS No. 91 - City Manager - Re: Severance Application B-19(79) for J. & G. Sibbald on Lincoln Road. The report recommends that the subject Land Division Conunitt[ decision be appealed to the Ontario Municipal Board in order to allow a presentation on this matter Justifying the City's~policy for road widening rural areas. ORDERED on the motion of Alderman MacBain, seconded by Alderman Sobel, that the report be received and adopted. Carried Unanimously. No. 92 - City Manager - Re: Exemption of Lots 106 and 107 in Plan M-61 from Part Lot Control. Toe report recommends passage of a by-law exempting the subject lots from part lot control, and that any costs arising from the -7- No. 97 - City Manager - Re: Garbage Collection - Niagara Square. The report provides detailed information relative to the collection of garbage at Niagara Square. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 98 - City Manager - Re: Chippawa Public Utility Commission Proposed Capital Expenditure. The report recommends approval of a request of the Chippawa Public Utility Commission to issue a debenture for improvements to the electrical power distribution system and street lighting system in the former Village of Chippawa in the amount of $20,000, subject to receipt of Ontario Hydro assent. ORDERED on the motion of Alderman MacBain, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 99 - City Manager - Re: By-law No. 78-231, Ryerson-Market Redevelopment Area. The report advises of an objection received by Mr. F. de Burgh-Thomas to the subject by-law, and recommends that the objection be forwarded to the Ontario Municipal Board for consideration. In response to a number of questions raised respecting the objection, information was provided by members of staff. It was advised that the Ontario Municipal Board would require that a full explanation be provided for the various items of concern raised in the objection. Mr. F. de Burgh-Thomas was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman MacBain. Mr. de Burgh-Thomas quoted figures from newspaper advertisements wherein it was indicated that the coat of the project had risen from $400,000 to $1,040,000, and expressed his concerns over the expenditure in light of current economic conditions. The City Clerk confirmed that Mr. de Burgh-Thomas' statement that the cost had increased was correct and that it would be improper to attempt to supply answers to all of the concerns raised because of the possibility of an Ontario Municipal Board hearing. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that'the repgrt be received and adopted. Carried Unanimousl3. No. 100 - Committee of Adjustment - Re: Time of Committee of Adjustment Meetings. The report advises that Committee of Adjustment hearings will be held at 7:00 p.m. commencing February 6, 1979. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, , 't No. 103 - City Manager - Re: Watermain Construction on River Road, Contract W.I. 17-78. The report recommends approval of the request by the contractor changes in the contract documents: 1) That the Director of Municipal Works and Niagara Parks Commission are satisfied with the proposal of the contractor; and 2) That the City Solicitor is satisfied with the contractor's insurance coverage for any damage to persons or property because of the operations and any other requirements which the City Solicitor may feel necessary. ORDERED on the motion of Alderman Cummings, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously. .....8 See By-law No. 79- No. 95 - City Manager - Re: 1979 Tenders. The report recommends that tenders be called for the supply of certain services, materials and clothing required by various civic departments throu~mut the year. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. No, 96 - City Manage~ - Re: Availability o~ Surplus Properties -MTC and Publi Works Canada. The report recommends that both bodies be notified that the is not interested in accepting their offers for surplus property, and in the case of the MTC, that the Ministy; be asked to notify the ad]oining residents the availability of the land. ORDERED on the motion of Alderman Schisler, seconded by Alderman Diltss that the repo~t be received and adopted. Carried Unanimously. registration of the by-law following its approval by the Region, be paid by the applicant. t that the information be noted, and the report received and filed. Carried report be received and adopted. Carried Unanimously. passage of by-laws to provide for the interim levy of taxes for 1979, and No. 93 - CityManager - Re: Appointment to Niagara College Board of Governors. The report recommends that the appointment by-law be amended to preyida for a purposes prior to adoption of the 197~ budget estimates. of Applied Arts & Technology. ' ORDERED on the motion of Alderman Schisler, seconded by Alde~manMarrett, that the report be received and adopted. Carried Unanimously. 79-21 No. 94 - City Manager - Re: Bambi Estates & Bambi Estates Extension Plans .subdivision, R.P. H-,S andM-,,. i No, 102- City Manager -Re: Falls IndustriAl Park Extension. The report authorizing an amending agreement e o s u on recommends approval of a Request for Reserve by Mr. Mimi C. Blameate on Lot 8 inspection services for the subdivisions. in the Falls Industrial Park Extension until April 15, 1979 and that City ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that staff be authorized to process the Request. the report be received and adopted. Carried Unauimous.ly. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sobel, that the report be received and adopted. Carried Uuanimously. -8- No. 104 - City Manager - Re: Amendments to Procedural By-law. The report recommends passage of a by-law to provide for certain amendments to the Standing Rules of Council to reflect the decision of Council to hold General Committee meetings, deleting the necessity of reading of minutes, and providing that the General Committee shall report its findings to the City Council for further consideration. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 79~2! No. 105 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The Director of Municipal Works provided information in response to a question raised by Alderman Cummings regarding snow removal of parking lots. Alderman Herrerr requested a breakdown by departments of magazine subscriptions received at City Hall during a 12-month period. ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the report be received and adopted. The motion Carried with Alderman Puttick abstaining on a conflict of interest with respect to Cheque No. 2235, and all others voting in favour. RESOLUTIONS No. 14 - FERA- MERRETT - RESOLVED that the Council of the Corporation of the City of Nl'~gara Falls hereby certifies that the application of M. Aiello for the rezoning of part of Lot 15, Registered Plan 62, situated on the southwest corner of Montrose Road and Mulhern Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minis; of Housing; AND the Seal of the Corporation be hereto affixed. Carried with the following vote: AYE: Aldermen Fete, Ninsperger, MacBain, Herrerr, Orr, Puttick and Schisler. NAYE: Aldermen Chessman, Cummings, Dilts, Sobol and Wallm~ BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that leave be granted to introdUce the following by-laws, and the by-laws be read a first time: No. 79-18 - A By-law to designate certain land not to be subject to part lot control. i'~ No. 79-19 - A By-law to authorize the execution of an amQnding agreement with B.E.N. Developments Limited. No. 79-20 - A By-law to provide for an interim levy of taxes. No. 79-21 - A By-law to provide for the collection of interim tax~s.-for the year 1979. No. 79-22 - A By-law to authorize the execution of an agreement with Vaccaro's Italian Garden Limited respecting parking facilities. No. 79-23 - A By-law to amend By-law No. 72-148, as amended, to provide for the Standing Rules of Council. No. 79-24 - A By-law to amend By-law No. 78-111 regulating the parking of vehicles on a portion of the Sylvia Place Parking Lo~. ~O.. 79-25 - A By-law to provide monies for general purposes. Carried with Alder~ Puttick abstaining a conflict of inte: on Cheque #2235 0f others voting ORDI!t~D on the motion of Aldensan Sobol, seconded by Alderman Dilts, that the follo~ing by-laws be no~ read 'a sscond~ and third times -9- No. 79-18 - A By-law to designate certain land not to be subject to part lot control. No. 79-19 - A By-law to authorize the execution of an amending agreement with B.E.N. Developments Limited. No. 79-20 - A By-law to provide for an interim levy of taxes. No. 79-21 - A By-law to provide for the collection of interim taxes for the year 1979. No. 79-22 - A By-law to authorize the execution of an agreement with Vaccaro's Italian Garden Limited respecting parking facilities. No. 79-23 - A By-law to amend By-law No. 72-148, as amended, to provide for the Standing Rules of Council. No. 79-24 - A By-law to amend By-law No. 78-111 regulating the parking of vehicles on a portion of the Sylvia Place Parking Lot. No. 79-25 - A By-law to provide monies for general purposes. Carried with Alderman Puttick abstaining on' a conflict of interest on Cheque #2235 of By-law 79-25, and all others voting in favour. NEW BUSINESS MUNICIPAL WORKS Alderman Cheesman suggested that several members of Council be assigned to study certain municipal works items appearing on the Council agenda, prior to discussion at the meetings., such as operating costs and finances with respect to arenas. USE OF ARENAS Alderman Cheesman reported that it had been brought to hi8 attention by a citizen that the "No Smoking" regulations were being ignored at the arenas, and are not being enforced. When the citizen in question remarked on this to an employee of the arena, the employed answered in a vulgar and offensive manner. Alderman Cummings stated that any person with a complaint regarding arena staff should take the complaint to the arena manager and make a formal complaint. The Alderman also stated that the "No Smoking" regulations are being enforced by staff to the best of their~ility, with a warning for a first offenos and removal from the arena if smoking is continued. The City Manager was asked to investigate the matter of the abusive:behaviour of the arena employee. NIAGARA PARKS COMMISSION Alderman MacBain suggested that the Mayor send a letter of thanks to the Niagara Parks Commission for allowing the citizens of Niagara Palls to use Commission property for cross-country skiing free of charge. BOAT RAMPS ON THE WELLAND RIVER Alderman Puttick requested that the subject of boat ramps on the Welland Ittver at Ch~ppawa be reviewed. ANNUAL SWIM-A-TMON His Worship, Mayor Thomson thanked members of Cotmcil and staff for their participation in the recent Swim-A-Thon and reported that almost $1,000 in cash and pledges had been raised in the event. The Mayor requested that all pledges be brought in as quickly as possible., ~ SUGGESTION BOX His Worship, Mayor Thomson suggested that Council consider the possibility of installing a suggestion box in the City Hall, perhaps in the front lobby. - 10 - The Nayor remarked that many persons might take advantage of the opportunity of submitting suggestions, who normally would hesitate to make the suggestions verbally. Alderman Dilts commented that he had considerable experience with such a system, and felt there was a great deal of merit in the proposal. was moved by Alderman Cheesman, seconded by AldermanMacBain, that Alderman Di~ act as Chairman of a committee to study the advantages and disadvantages of having a suggestion box in the City Hall. Carried Unanimously. CITIZENS WISHING TO ADDRESS COUNCIL Alderman Puttick suggested that a specific time be set aside at Council meetings for citizens to address Council on matters of municipal interest, rather than having to write a letter requesting permission to do so. His Worship, Mayor Thomson replied that no person had ever been denied the right to address Council and he felt this would never happen. The City Clerk commented that it was necessary to determine the amount of time required for the agenda on Fridays p~ior to the meetings, and this might be difficult to arrange if persons attending Council did not give advance notice. It was moved by Alderman Hinsperger, seconded by Alderman Dilts, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, jLX~ MAYOR WAYNE THOMSON EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 February 12, 1979 Council met on Monday, February 12, 1979 at 7:15 p,m. in Committee of the Whole. All members of Council were present. Alderman Dilts presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. .-~'~-~ READ AND ADOPTED, MAYOR WAYNE T~OMSO~ Council Chambers February 12, 1979 Council met on Monday, February 12, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman MacBain offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the minutes of the meetings of January 22nd and 29th, 1979, be adopted as printed. Carried Unanimously. DEPUTATIONS MR. J. NEGRYCH - SNOW REMOVAL Mr. J. Negrych was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Merrett. Mr. Negrych advised that in 1951, he suffered a serious heart attack and was confined to bed for five months. Because of his heart condition, Mr. Negrych stated that snow removal presents a problem to him, especially when City ploughs fill in his driveway with snow from the roadway. Mr. Negrych advised that as soon as two or three centimetres of snow falls, salt is spread on the roadways and shortly after, the plough comes along and pushes the snow into his driveway. If Just snow were piled up, it would not pose as much of a problem, however Mr. Negrych stated that the salt causes the snow to form into a hard ridge, making removal very difficult. Mr. Negrych stated that in Winnipeg where he lived prior to retirement, the ploughs cleared the snow first and then spread sand and salt so that ridges did not form when snow was pushed into driveways. With respect to the City's policy of assisting heart patients in removing snow from driveways, Mr. Negrych stated that he did not feel he should call his physician e~ery time his driveway is filled in by the ploughs. Mr. Negrych also stated that the sidewalk plough does not push the snow onto the boulevard, but onto his lawn. Mr. Negrych suggested that members of the Municipal Works Department should be sent to other areas to study the different ways in which snow removal is handled. The Maintenance & Operations Engineer stated that a mixture of sand with 10% salt is spread on the roadways. The ploughs are then sent out, followed again by the sand/salt mixture. The Engineer agreed that in places with heavy snow accumulations, the ploughs are dispatched first, since the accumu- lations are usually closer to a foot of snow, on which sand and salt would have no effect. The Maintenance & Operations Engineer further advised that the City seldom spreads pure salt on the roadways, usually only when extreme ice conditions exist on a main throughfare. The Director of Municipal Works also explained that City staff have studied snow removal methods used iu 'other.locations, however not out of the Frovince. -2- His Worship, Mayor Thomson referred to a meeting held in early January on winter control, and commented that it was unfortunate Mr. Negrych was not in attendance when such matters were discussed. The Mayor requested the Maintenance & Operations Engineer to contact Mr. Negrych and provide a full explanation of the City's snow removal operations. MRS. M. HEALEY - HUMANE SOCIETY OPERATIONS Mrs. M. Healey was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Cbeesman. Mrs. Healey advised that she wished to address Council concerning the lack of service provided by the Humane Society. On Christmas Eve, ~s. Healey and her husband were travelling to Welland and found a small puppy running loose along the roadway. After picking the puppy up, Mrs. Healey advised that they returned home and called the Humane Society. Upon calling the shelter, she was told no one could pick the dog up for at least an hour, and if it were taken to the Shelter, there would be no one at the building. Mrs. Healey then took the puppy to the Police Station and had an officer call the Shelter. On another occasion, Mrs. Healey called the Humane Society to report a dog had followed a member of her family home, and was told that the drivers were going to lunch, and no one would be able to pick the dog up until after the lunch hour. The call was made aC 11:40 a.m., and M~s. Healey felt there was no reason a driver couldn't take a few minutes of his lunch hour to pick up the animal, and make the time up later. The dog was finally picked up at 1:30 p.m., at which time Mrs. Healey advised the driver of a pack of dogs near the Valley Way School. The driver did not drive anywhere near the School after leaving Mrs. Healey's home. Mrs. Healey stated that she had called the Humane Society on a number of occasions regarding this same pack of dogs, and had been advised to catch and restrain the dogs. Mrs. Healey felt this was not her responsibility, and pointed out that the drivers are paid $6.00 to $7.00 per hour to carry out this duty. Reference was made to a request of several aldermen previously for a comparison of costs with other Humane Society operations, and Mrs. Healey aske if these figures were ever obtained. Mrs. Healey also raised the following questions: Why the manager of the Hx,m~ne Society is allowed to use as his personal transportation, one of the largest panel truckd~ith no sign on it, or equipment; 2) Why Dr. T. Morgan receives all Humane Society business; and 3) Why the manager of the Humane Society did not return calls. Mr. E. Stewart, manager of the Humane Society, was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Merrett. Mr. Stewart advised that the Humane Society was operated on a twenty-four per day, seven days per week basis. There are five full time people employed by the Society earning $15,000 to $16,000 per year, and Mr. Stewart pointed out that the City's grant of $80,000, of which a portion i~ for the mortgage, does not cover the Society's costs on a seven day a week basis. Mrs. J. Jartort, President c~f the Humane Society, was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Fera. Mrs..Jarrett advised that Dr. Morgan provides his services free of charge to the Society, and that was why he acted as the Society's veterinarian. With respect to the manager's use of an unmarked truck, Mrs. Jartort explained that in cases of animal abuse, the unmarked vehicles is used in much the same way as an unmarked police cruiser to investigate complaints. Mrs. Jartart also extended an invitation to Mrs. Healey to attend a meeting of the Board of Dfrecto to discuss the concerns raised. Alderman Schisler stated that there is a misconception that the City provide{' a grant to the Humane Society. The Alderman explained that it is not a grant, payment for services rendered. The Society is not under the Jurisdiction of the City. . His Worship, Mayor Thomson indicated that a meeting was being arranged with representatives of the City, Council and the Humane Society, and suggested that Mrs. Healey attend the meeting, which would be open to the public, in order to obtain the answers to the questions she had raised. Alderman Dilts agreed that the meeting was the best way to clear any problems up. The Alderman felt that the City was paying for animal control, and that perhaps some form of -agreement could be ~orked cut, setting out ~hat the City expected in the form of animal control. AMBULANCE SERVICE - CITY OF NIAGARA FALLS Mr. D. Crows, solicitor for the Niagara Falls District Ambulance Service Committee, was granted permission to address Council on the motion of Alderman -3- Merrett, seconded by Aldernmn Cummings. Mr. Crowe stated that the ambulance service in Niagara Falls was run by the Ministry of Health, however there has been talk of the service reverting to a privately operated function or some other alternative. Service at the present time is highly professional and run through the auspices of the hospital. Special programs, such as the coronary program, are interwoven with hospital services, and Mr. Crowe felt that any change in the system would decrease the level of service and expertise, or the ambulance service's ability to co-operate with the hospital and Heart Niagara. Mr. Crowe advised that the alternatives are somewhat limited if the Ministry of Health divests itself of running the ambulance service program in Niagara Falls. The service would either be privately run, or run directly by the hospital. In the brief prepared by ths Committee, the alternatives set out are mostly in conjunction with what has been recommended to the Ministry and available pursuant to the Ambulance Act. Mr. Crowe advised that the Committee recommended one of these alternatives rather than a privately run service or a service run through the Hotel Dieu Hospital. Mr. Crowe assured Council that the Committee members were not concerned over their employment, because they are highly trained and because of their expertise, their employment through private sources or the Ministry is all but assured to them. The concern involved the decrease in service as a result of the Ministry divesting itself of the service. Mr. Crowe asked that Council petition the Ministry, on behalf of the citizens of Niagara Falls, to refrain from taking any steps with respect to existing services until other alternatives are reviewed or considered. It was suggested that the service be kept under the direction of the Ministry, or tha~ it be run by the City directly through'the hospital or Fire Department, or as an overall regional emergency service organization and program. Mr. Crowe stated that under the Ambulance Act, the Municipality does have the power to directly establish an ambulance service. The service would not cost the City directly a great amount of money since it is almost 100% funded by the Ministry. Mr. Crowe commented that if the intent was to reduce the number of provincial civil servants, the service would still exist but not as civil servants. This would accomplish nothing except in numbers and statistics. Mr. Crowe requested that Council petition the Ministry to allow further input and perhaps the establishment of a committee of Council to work in conjunction with the Niagara Falls District Ambulance Service Committee, Heart Niagara, the hospital and other volunteer groups and the Fire Department to explore alternatives to retain the service in Niagara Falls. Mr. Crowe pointed out that there has been a suggestion of an overall regional system, however it was felt there should be certain autonomy in Niagara Falls in order to allow the service to continue in its present form. There is a coronary program, which is highly technical and specialized, and if the ambulance service were lost in Niagara Falls or control passed on to another group, the program could be lost in the City. In response to a question raised by Alderman Cheesman, Mr. Crowe stated that representation has been made to the Council, the Province, the local Provincial representative, together with presentations to the hospital, by the hospital and by the Committee. His Worship, Mayor Thomson agreed"~hat a committee of Council to work in conjunction with the other groups involved would be most appropriate. Aldermen Dilts, Cheesman, Orr and Mayor Thomson offered to serve on this special committee. It was moved by Alderman Dilts, seconded by Alderman Merrett, that Council endorse the brief of the Niagara Falls District Ambulance Service Committee, petition the Ministry to refrain from taking any further steps until other alternatives are reviewed, and establish a special committee to work in conjunction with the various groups involved. Carried Unanimously. UNFINISHED BUSINESS YORK-HANNOVER DEVELOPMENTS LIMITED - PROPOSAL FOR SETTLEMENT Report No. 106 - City Solicitor - The report provides information on the proposal for settlement submitted by Messrs. Broderick, McLeod, Clifford, Marineill & Amadio on behalf of their clients. The report advises that if the proposal is acceptable to Council, the authorizing by-law may be passed. Alderman Fera commented that he had been opposed to the project because of the way it had been handled, however since the City's chances for success in court were slim, he felt he had to support the settlement proposal. The Alderman felt it would be pointless to oppose the project, lose the court case and still have the wheel built. Alderman Sobol also pointed out that -4- further legal action against York Harmover could be leaving the City open 'to a lawsuit amounting to millions of dollars, and for that reason, she felt the settlement should be accepted. Mrs. D. LeReverend was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Fera. Mrs. LeReverend was critical of the fact that some of Council~s decisions are made outside the Council Chambers by prior arrangement. Mrs. LeReverend asked if the proposal had merit, why was it necessary to sneak approval through for the largest ferris wheel in North America calling it a minor variance. Concern was expressed by Mrs. LeReverend that if approval was given, Council would be taking an irreversible step to further cheapen this area of the City. While Council was concerned with litigation costs, Mrs. LeReverend pointed out the additional servicing and policing costs involved with the proposal. Mrs. LeReverend asked Council to place the City and its people first and to withhold approval of the amusement park in Maple Leaf Village. Alderman Fera stated that it would make no sense to fight the proposal in court when there is little chance of the City winning and that it would be a waste of taxpayers~ money. His Worship, Mayor Thomson pointed out that Council had taken action to have the decision of the Committee of Adjustment set aside with respect to the height of the wheel. The amusement park itself is zoned correctly, and Council was not in any way approvtng the project by withdrawing its legal action. Alderman Chessman agreed with the Mayor and pointed out that Council was not evaluating the project on its merits in making its decision to withdraw the application for Judicial Review. The Alderman also commented on a number of the concerns raised by Mrs. LeReverend, and pointed out that the matters of servicing and parking were the responsibility of the City and not York Harmover. Alderman Chessman explained that according to the courts, regardless of whether Council was aware of the proposal originally,. because officials of the City were aware of the proposal, the City would be held responsible for the decision under the law. For that reason, Alderman Chessman felt the City had little choice but to accept t~e 3ettlement, and hope that the development Of Maple Leaf Village would be a credit to the City. Alderman Cummings stated that he was not happy with the way the matter was handled by staff, Cmuncil and York Hansover. The Alderman pointed out that there had been an article in the newspaper following the Committee of Adjustment decision regarding a mystery building that had been approved, and no question was made at that time. There was a twenty-one day appeal period however no appeal was made by Council. The Alderman felt there was responsibility on all sides, and in view of the possible costs the City could face in continuing legal action, there was no alternative but to accept the settlement. His Worship, Mayor Thomson took exception to Alderman Cunnning's~ comments and stated that the Council should take no responsibility for the matter. The Mayor stated that he was not satisfied with the outcome of the issue and felt that not enough information was brought out to implicate those involved. His Worship, Mayor Thomson agreed that the City had come to the point that it must accept the settlement and carry on. Alderman Puttick was curious as to why the information made available in the last several weeks wasn't brought out sooner as to where the City stood- if the legal action were to proceed. The Alderman commented that in considering the matter, he felt the City was lucky to be getting out of it at all. Following further comment, it was moved by Alderman Puttick,' seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. BY-LAW ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 79-26 - A By-law to authorize the execution of an agreement with Maple Leaf Village Ltd. Carried Unanimous1: ORDERED on the motion of Alderman Barrett, seconded by Alderman Dilts, that the by-law be now read a second and third times ~o..?9-26 - A By-law to authorize the execution of an agreement with Maple Leaf. Village Ltd. Carried UnanimousiX -5- UNFINISHED BUSINESS" CON'T. yORK HANNOVER DEVELOPMENTS LIMITED Report No. 87 - City Manager - The report reconmends payment of the account of Messrs. Fagken & Calvin for legal services, in the amount of $11,909.71. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. OFFICIAL PLAN AMENDMENT NO. 97 Report No. 107 - City Manager - The report requests that Council either accept the advice of the Ministry of the Environment with respect to noise control measures and direct staff to prepare changes to Amendment #97 as requested; or to reject the Ministry's advice and inform the Ministry of Housing accordingly. Alderman Sobol felt that Council should not reject the advice of the Ministry of the Environment since it would be letting future Councils down if a residential zone is permitted. The Alderman suggested that by meeting the M.O.E. requirements for noise abatement, the City could end up saving money that would be required at a later date to provide sufficient sound barriers. In response to a question raised by Alderman Cheesman, the Director of Municipal Works indicated that it would be the responsibility of the owner of the land to erect whatever requirements were necessary, since the City did not normally become involved in erecting sound barriers. The City Solicitor advised that if there were a plan of subdivision on the land, one of the conditions of approval would likely relate to some form of noise barrier. The standard practice would be to have such a condition included in the subdivision agreement that is registered against title of the land. Following further con~nent, it was moved by Alderman Csmmings, seconded by Alderman Dilts, that Council reject the advice of the Ministry of the Environment with respect to noise control measures and inform the Ministry of Housing accordingly. The motion Carried with Alderman Sobol voting contrary, and all others voting in layout. SHRINER'S CREEK PROJECT Report No. 108 - City Manager - The report advises that the City is being asked to change its policy to fund approximately two-thirds of the $675,000 estimated to be required, however the proposal by the Developers does not provide any assurances that the City would recover any of its contribution. Report No. 109 - City Manager - The report sets out certain alternatives that Council may wish to consider in deciding on an appropriate policy with respect to the financing of that portion of the total cost of the subject project which is not subsidized by the Niagara Peninsula Conservation Authority. : His Worship, Mayor Thomson advised that he learned prior to the meeting, that the Ontario Municipal Board had made a decision with respect to the urban boundaries, and some of the landowners in the area will be affected by the decision. The Mayor advised that Parcels #53, #73 and #74 will not be included in the urban boundaries. Parcels #52, #54, #55, #56, and #67 will be included in the boundaries. The Mayor further advised that another factor affecting any decision that would be made by Council, is that there is less than $100,000 in uncommitted funds in the Expansion & Renewal Fund. There had been a suggestion that monies in the Fund be used to help finance a portion of the project. The Director of Municipal Works indicated that while the balance in the fund showed a certain amount, there have been commitments made by Council, such as the Conrail drainage channel project, that would reduce the balance. · The Design & Construction Engineer stated that while the commitments were not spent, if deducted from the fund, left a balance of $83,000. Alderman Puttick felt that because of these developments, there would have to be further meetings held with the developers since the O.M.B. decision would be affecting the financial contributions of certain land owners. The Alderman also expressed concern that the Niagara Peninsula Conservation Authority would not 'hold its share of the project cost indefinitely. His Worship, Mayor Thomson indicated that there has been an extension granted -6- on the options to purchase lands necessary for the project by the Niagara Peninsula Conservation Authority. The Mayor also stated that because of the drastic changes that have taken place, the matter should be referred back to staff for further meetings, and it might be necessary to have a special meeting of Council due to the time restrictions. Mayor Thomson commented that the City was committed to the project since all development in the area was contingent on the Shrinerts Creek Project. Alderman Chessman suggested that in future, when staff are discussing the Expansion & Renewal Fund, to refer only to the uncommitted funds in the account to avoid misunderstandings. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Schisler, that the matter be referred to staff for further discussions with all parties involved. Carried Unanimously. COb~4UNICATIONS No. 40 ~ Niagara Falls Blackhawks Hockey Club - Re: 1979 Tournament. The communication requests Council's approval for a special occasion permit in conjunction with the 1979 Tournament. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the request be approved, subject to similar approvals being obtained from the Regional Police, Health Unit and L.L.B.O. Carried Unanimously. No. 41 - Association of Municipalities of Ontario - Re: Provincial/Municipal Financial Relations. The communication expresses concern at the deterioration in Provincial/Municipal financial relations. ORDERED on the motion of A/derman C,,mmings, seconded by Alderman Dilts, that the communication be tabled until the next regular meeting of Council to allow Council sufficient time to consider fully the request of the Association. The motion Carried with Alderman Chessman voting contrary, and all others voting in fayour. No. 42 - Old St. John's Stamford Heritage Association - Re: Request for Grant. The cou~nunication requests a grant of $4,000 towards the restoration of Old St. John's Church. ORDERED on the motion of-Alderman Cun~ings, seconded by Alderman Sobel, that the communication be referred to the Finance Committee. Carried Unanimously. No. 43 - Niagara Women in Crisis - Re: Request for Grant. The communication requests a grant of $1,500 for the Niagara Women in Crisis program. ORDERED on the motion of Alderman Fete, seconded by Alderman Sobel, that the communication be referred to the Finance Committee. .C_arried Unanimously, No. 44 - Regional Municipality of Niagara - Re: Appointment to Land Division Committee. The communication advises that the Regional Planning Committee will be considering appointments to the Land Division Committee and requests the City's nomination for one person to fill a three year term on the Committee. - ORDERED on the motion of Alderman Cummings, seconded by Alderman Merre~t, that Mr. p. pasquetts name be submitted to the Region as the Cityts nominee for the Regional Land Division Committee. Carried Unani.mously, No. 45 - Stamford Centre Volunteer Firemen's Association - Re: Annual Carnival The communication requests Permission to operate the annual carnival on June 13, 14, 15 and 16, 1979 and to operate rides and concessions during the carnival. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the request be approved. The motion Carried with Alderman Cummings abstaining on a conflict of interest, and all others voting in fayour. ' ' _REPORTS No. llO- Sis Worship, Mayor Thomson - Re: Presentation of Agency Budgets. The report advises that agencies requesting grants make a budget presentation to the Finance Committee. Each group will have a further opportunity to ,attend a budget discussion by City Council at the general committee meeting - and again when the Operating Budget will he finally approved by Council. Members of Council not officially appointed to the Finance Committee may attend meetings of the Conunittee when budgets are being considered. Alderman Cummings asked if members of Council would be allowed to participate in the discussions when the a~eneles present their budgets to -7- the Finance Committee. AldermanMacBain felt that when the Finance Connnittee is in operation, like any other committee, only the members would participate in discussion. The Alderman suggested that if someone had a special interest on a particular item, they could be invited to make comments, however if the meeting is going to be open for general discussion, the Finance Committee might as well be disposed of and turned into a committee of the whole of Council. Alderman Merrett expressed concern that the members of Council not on the Finance Committee would not have an opportunity to carry out a detailed study of the budget at the committee level. Alderman Chessman pointed out that like other committees, all matters would be reported to Council, and every opportunity is allowed for a full discussion and debate by the full Council. The Alderman felt that opening of the Finance Committee meeting to full discussion by all members of Council, would be defeating the purpose of the Co.~ttee. His Worship, Mayor Thomson assured the members of Council that all groups requesting grants from the City would be in attendance at the General Committee meeting of Council so that those members not on the Finance Committee will have an opportunity to review the grants with representatives of the various organizations. ORDERED on the motion of Alderman Cheesman, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously, No. 111 - Planning & Development Committee - Re: AM-36/78 and Official Plan Amendment No. 104, J. & G. Miszk, 8911 Sodom Road (Betty's Restaurant). The report reconnnends approval of the application subject to the entire site being placed nnder Development Control and that the Official Plan Amendment be adopted by by-law. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 15 See By-laws 79-27 and 79-28 No. 112 - City Manager - Re: Oakes Drive Motel Limited and Amendment Application A-147. The report recommends passage of two by-laws, one to implement the decision of the Ontario Municipal Board by a zoning by-law amendment, and to authorize the execution of a site plan agreement. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobel, that the report be received and adopted. Carried Unanimously. See By-laws 79-29 and 79-30 No. 113 - City Manager - Re: Purchase of Land by the City from Ontario Hydro and Resale to Board of Governors for Niagara College. The report recommends passage of a by-law to authorize the purchase of lands from Ontario Hydro and the resale of same to the Board of Governors of Niagara College for the purpose of a constructing a driveway to provide accese~from Oakwood Drive to the proposed site for the College's campus. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 79-31 No. 114 - City Manager - Re: Land Division Committee Application B-351/78, Josephine Upper, 6827 Garner Road. The report recommends passage of a by-law to authorize the execution of an agreement with Josephine Upper, and a by-law to alter the boundaries of the Urban Service Area of the City. The report further recommends that the Ontario Municipal Board be notified that the City is withdrawing its appeal from the decision of the Land Division Committee. ORDERED on the motion of Alderman Schisler, seconded by Alderman MacBaiu, that the report be received and adopted. Carried Unanimously. .See By-laws 79-32 and 79-33 No. 115 - City Manager - Re: Niagara Frontier Humane Society. The report advises that requests have been received from the Humane Society for an aldermanic appointee to the Society's Finance Committee, and for proposed changes in the City~e existing Dog Control By-law. The report recommends that both matters be referred to a meeting with representatives of the Society, members of City staff and the Soctety~s Aldermanic appointee for full discussion, with a request that a report and recommendations be prepared for Council. -8- Alderman Dilts felt it was not necessary for a second aldermanic appoint- ment to the Society- His Worship, Mayor Thomson advised that the Society has indicated a willingness to arrange their Finance Committee meetings to coincide with Alderman Dilts' schedule, so that a further appointment to the Society would not be necessary. ORDERED on the motion of Alderman Sobel, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 116 - City Manager - Re: Possible Disposal of Surplus Municipal Lands, South Side of Gallicget Street between Drummond Road and Portage Road. The report reconnnends that the Municipality agree to the dedication of a 1-foot reserve and daylighting triangles for the widening of Drummond Road. Council's~ direction was requested on whether or not the Region should acquire the 20-foot~ road widening strip at market value. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sobel, that the Municipality dedicate the 1-foot reserve and daylighting triangles to the Region, and further that the Region be requested to acquire the 20-foot road widening strip for Dru-~ond Road, at market value. Carried Unanimously. No. 117 - City Manager - Re: Telephone Service Former Crowland Township Area. The report recommends that the procedure for receiving collect calls from those areas of the City served by the Welland exchange, be continued. Alderman Schisler indicated that occasionally, persons calling collect from this area of the City have experienced difficulty in having the calls accepted. The Alderman suggested that all personnel involved in the switchboars operation be instructed to accept the collect calls from those areas of the City served by the Welland exchange. Alderman Wallman also pointed out that not all persons are aware of this service, and requested that some form of notification be given to such residents. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. NOTE: Alderman Dilts was absent when the vote was taken-on this matter. No. 118 - City Manager - Re: Moretta Estates Proposed Subdivision, Revision #2. The report recommends adoption of the revised proposal subject to the conditions imposed on the plan approved on October 2, 1978, and subject to the assurance that the formal revised plan will provide daylighting comers at Marco Crescent and Panorama Drive. ORDERED on the motion of Alderman MacBain, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. ~ NOTE: Alderman Dilts was absent when the vote was taken on this matter. -9- No. 119 - City Manager - Re: Establishment of a Uniform Fee for Copying Services.~ The report reconmends that Council require all Departments to impose a charge 25¢ per sheet for copying service. ORDERED on the motion of Alderman Chessman, seconded by Alderman C~,mmings, that~,, the report be received and adopted. Carried Unanimously. NOTE~ Alderman Dilts was absent when the vote was taken on this matter. No. 120 - City Manager - Re: City of Niagara Falls Bond and Money Insurance Policy, The report advises that the City of Niagara Falls holds a Bend and Mom~ Policy No. 4-74-07-79 covering employee dishonesty and loss of money and the report be received and filed. The motion Carried with Alderman Merr;tt abstaining on a conflict of interest, and all others voting in fayour. No. 121 - City Manager - Re: Falls Industrial Park Extension. The report recommends that Council approve the Request for Reserve of'Lot 13 in the Falls Industrial Park E~tenalon to Mr. A. Kalaycioglu until April 25, 1979, and that City officials be authorized to process the request· ORDERED on the metion gohnl, seconded by Alderman Wallma~ that the report be received and adopted. Carriad Unanimously. No. 122 - City Manager - Re= O.M.F.P.O.A. Conesfence and Seminar. The report recommends the attendsnee of the Director of Fire Prevention Bureau at the subject conference to be held in Kitchener from April 3 to 6, 1979. ORDERED on the motion of Alderman MacBain, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. No. 123 - City Manager - Re: M.E.A. Annual Meeting. The report recommends that two Engineers from the Municipal Works Department be authorized to attend the subject meeting for a period of two days. The Director of Municipal Works provided additional information in response to a question raised by Alderman Fera. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 124 - City Manager - Re: Take-Home City Vehicles. The report recommends that the present policy of personnel taking City vehicles home, be continued. Alderman Puttick indicated that he was not satisfied with the report, and that he wanted to review the written submissions prepared by each of the employees who take City vehicles home. The Alderman felt that there could be a reduction in the number of vehicles taken home resulting in a cost-savings to the City. ORDERED on the motion of Alderman Puttick, seconded by Alderman Dilts, that the report be tabled for two weeks for additional information. Carried Unanimously. No. 125 - City Manager - Re: Luudy's Lane - Q.E.W. Interchange. The report provides information from the Region on why the subject interchange should not be reopened, and recommends that the original request of the N.R.T.A. be received and filed, and that the Association be notified of Council's action on this matter. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 126 - City Manager - Re: Transportation Safety Association Awards 1978. The report recon~nends: 1) That forty-eight drivers be permitted to attend the banquet to be held on April 7, 1979, and further that the Mayor or his designate and one member of supervisory staff also be authorized to attend. ORDERED on the motion of Alderman MacBain, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 127 - City Manager - Re: M.T.C. Subsidies for 1979. The report recommends ratification of a staff request to the Ministry for a meeting to discuss the subsidies for 1979, and further that the Mayor be authorized to arrange an additional meeting if required. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 128 - City Manager - Re: West Meadow Subdivision. The report recommends that the Board of Education deal direc~l~ with the developer of the subject subdivision with ~espect to servicing costs of lands they own within the subdivision. ORDERED on the motion of Alderman Chessman, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 129 - City Manager - Re: Regional Solid Waste Management Advisory Cormnittee. The report requests the appointment of a member of Council on the Regional Solid Waste Management Advisory Committee. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that Alderman MacBain be appointed as the City's representative on the Regional Solid. Waste Management Advisory Committee. Carried Unanimously. No. 130 - City Manager - Re: Public Works Week for 1979. The report recommends participation of the City in the Public Works Week with the Region to be held fromMay 23 - 27, 1979. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 131 - City Manager - Re: Conrail Drainage Channel, Contract D.C. 01-79. The report recommends approval of certain procedures to be followed that are different ~rom the normal procedures followed with contracts. The Director of Municipal Works provided additional information in responsa to, nn er of qu,stions raised rrgarding the oontract. . - 10 - No. 132 - City Manager - Re: Ice Resurfacer. The report recommends the purchase of the Kelly ice resurfacer at a cost of $18,500.00 £or the Jack Bell Arena. In response to a question raised by Alderman Dilts, the Projects and Services Engineer indicated that all three of the tenders met the specifications requested, and although there were slight differences in the three machines, they were not enough to Justify purchasing the more expensive Zambont machine. In response to a question raised by Alderman Schisler, the Projects & Services Engineer advised that the previous machine was declared too dangerous for use. The machine from the Lionts rink was transferred to the Jack Bell Arena, and the old machine had to be stored outside the Arena, at which time it sustained considerable damage by vandals. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See Resolution No. No. 133 - City Manager - Re: Demolition of 4443 Huron Street. The report recommends that the tender submitted by Richard Collee Trucking for the demolitk of the subject building, be accepted. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. li No. 134 - City Manager - Re: AM-33/77, J. & A. Karklins, West Side Sodom Road. The report recommends passage of a zoning amendment by-law to incorporate the changes in the revised plan of subdivision. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law No. 79-34 No. 135 - City Manager - Re: Street Lighting on Morrison Street. The report recommends that the invoice of Niagara Falls Hydro for the balance of the cost of street lighting on Morrison Street, in the amount of $2_%,917.85, not be paid at this time since no authorization was forwarded to Niagara Palls Hydro for the work, and further that the matter be referred to the 1979 budget discussions. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 136 - City Manager - Re: Parking on Morrison Street. The report advises of a request received from Mr. C. Ferguson for the removal of parking on one side of Morrison Street between Cryslat and St. Clair, and recommends that no change be made to the parking regulations on this section of Mo~rison Street, and that Mr. Ferguson be so advised. His Worship, Mayor Thomson suggested that the residents in the area be polled to see if they are in agreement with the suggestion made by Mr. Ferguson. ORDERED on the motion of Alderman Cummings, seconded by Alderman Faro, that the report be tabled and referred back to staff to poll the area residente~and determine their wishes. Carried Unanimously. No. 137 - City Manager - Re: Parking, Nabisco Foods. The report recommends that parking be prohibited at all times from the northwesterly Side of Lewis Avenue from Centre Street 275' southwesterly. ORDERED on the motion of Alderman Faro, seconded by Alderman Dilts~ that the report be received and adopted. Carried Unanimously. No. 138 - City Manager - Re: Extension of Development Plan ApproVal, King's Inn Motor Lodge, 5525 Ferry Street. The report recommends approval of a request for a two year extension to the previously approved Development Plan. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 139 - City Manager - Re: Development Plan Approval, Proposed Beauty Salon am Dwelling Unit, 6959 Lundy~s Lane. The report recommends approval of the subject development plan as submitted. ORDEPaD on the motion of Alderman Cheesman~ seconded by Alderman Merrett, that .the report be received and adopted. Carried Unanimously. No. 140 - City Clerk - Re: Advisory Report. The report attaches communications from the Regional Municipality of Niagara and the Ministry of Transportation and Communications. It~is recommended that the information in the letters be noted and the report received and filed. OBDBRKD on the motion of Alderman Cun~ings, seconded by Alderman Sobol, .that the report be received and filed. Carried Unanimously. ..... 11 - 11 - No. 141 - City Manager - Re: Building Permits. The report provides a breakdown of the building permits issued for the month of January 1979, as compared to 1978. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 142 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer provided additional information regarding Cheques #2354, 2400, 2427, 2548, 2552 and 2554 in response to questions raised by Aldermen puttick, Sobol, Cummings and b~cBain. Alderman MacBain requested the City Treasurer to provide him with additional information regarding Cheque #2548, as he felt there should be more control over such expenditures at the Arenas. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 143 - City Manager - Re: Parking Problem - Burdette Drive Cul-de-Sac. The report recommends that Mr. L. Edwards be requested to refrain from parking his vehicles on the cul-de-sac over night, and that he be requested to provide off-street parking on his own property or elsewhere. His Worship, Mayor Thomson advised that there is a problem with the parked cars, however Mr. Edwards had advised that there had been an agreement with respect to a driveway, and this is being disputed by the Region. The Mayor suggested that the report be withdrawn and that an effort be made to resolve the problem. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be withdrawn. Carried Unanimously. RESOLUTIONS No. 15 - CHEESMAN - MERRETT - RESOLVED that the Council of the Corporation of the City ef Niagara Falls hereby certifies that By-law No. 79-28 for the rezonin~ of lands on the west side of Sodom Road, will conform to Official Plan Amendment No. 29 of the Niagara Falls planning Area, once Amendment No. 104 is approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 16 - CHEESMAN - SCHISLER - RESOLVED that the quotation submitted by Kelly Sales Limited for the supply of an ice resurfacer, be accepted at the quoted price of $18,500,00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 17 - FERA - CUMMINGS - RESOLVED that the tender submitted by Richard Collee Trucking for the demolition of the building at 4443 Huron Street, be accepted at the tendered price of $3,150.00; AND~he Seal of the Corporation be hereto affixed. Carried Unanimous_~/ No. 18 - SCHISLER - CHEESMAN - RESOLVED that the Corporation of the City of Niagara Falls hereby petitions for subsidy under the provisions of The Public Transportation and Highway Improvement Act on expenditures made during the year 1978 in the amount of $3,254,566.97; AND the Seal of the Corporation be hereto affixed. Carried Unanimoussly BY-LAW8 ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No, 79-26 - SEE PAGE 4 No. 79-27 - ~ By-law to provide for the adoption of an amendment to the Official Pla~ of the Niagara Falls Planning Area.'(AM-36/78, J.& G. Miszk) No. 79-28 - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-36/78, J. & O. Miszk) ..... 12 No. 79-29 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Oakes Dri~ Motel Ltd.) Oakes Drive Motel Limited and Michael Ricci. No. 79-31 - A By-law to authorize the acquisition of land from Y the sale thereof to the Board of Governors of Niagara College of Applied Arts & Technology. No. 79-32 - A By-law to alter the boundaries of the Urban Service Area of the Ct No. 79-33 - A By-law to authorize the execution of an agreement with Josephine Upper. No. 79-34 - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-33/77, J. & A. Karkltns) No. 79-35 - A By-law to provide monies for general purposes. Carried Unanimous/), ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 79-26 - SEE PAGE 4 No. 79-27 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AM-36/78, J. & G. Miszk) No. 79-28 - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara FalIs,-~s amended. (AM-36/78, J. & G. Miszk) No. 79-29 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now,in the City of Niagara Falls, as amended. (Oakes Drive Motel Ltd.) No. 79-30 - A By-law to authorize the execution of a site plan agreement with Oakes Drive Motel Limited and Michael Ricci. No. 79-31 - A By-law to authorize the acquisition of land from Ontario Hydro and the sale thereof to the Board of GOvernors of Niagara College of Applied Arts & Technology. No. 79-32 - A By-law to alter the boundaries of the Urban Service Area of the CiU No. 79-33 - A By-law to authorize the execution of an agreement with Josephine Upper. No. 79-34 - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-33/77, J, & A. Karklins) No. 79-35 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS CONFERENCES AND WORESHOPS Alderman Cheesman suggested that the matter of attendance at conferences and workshops be referred to the Finance Committee. His Worship, Mayor Thomson indicated that a report was being prepared for the consideration of the Finance -Committee. Alderman Cu~saings referred to a copy of a letter he had received from the Ontario Building Officials Association advising that the Building and Development Co-ordinator had been elected to the Association's Board of Directots,~ The Alderman asked how much time would be involved in Association work. The City Manager indicated that it would likely involve attendance at four meetings during the year. The Mayor requested that staff involvement in associations also be included in the Finance Committee's report. ..... 13 l_ - 13 - 4908 ROBERTS STREET Alderman Fera advised that he had been contacted by residents of Robarts Street concerning the family living at 4908 Roberrs Street. This matter had been brought to Council's attention previously, however the problem is still continuing. The Alderman advised that other residents in the area are being bothered with broken windows and damage to their homes, and in one instance, a child required fourteen stitches to close a wound caused by a child living at the property in question. Alderman Fera presented a petition signed by residents in the area requesting that the family find another area to live. Alderman Sobol advised that she had become involved in the problem as well, and had attended a meeting with some of the residents and representatives of the M.T.C. The spokesman for the M.T.C. had indicated that he would work with the City as well as doing anything the Ministry could do on its own. The Property Standards Officer was to inspect the property to determine if the house at 4908 Roberrs Street complied with the provisions of the Property Standards By-law. It was moved by Alderman Fera, seconded by Alderman Sobol, that the matter be investigated and reported back to Council- Carried Unanimously- CITY-WIDE COMMERCIAL UPDATE Alderman Orr asked when the City-wide commercial update would be presented to Council. His Worship, Mayor Thomson indicated that the report would be presented to a Joint meeting of Council and the Downtown Board of Management in the near future. PROPERTYAT CHERYWOOD DRIVE AND DRUMMONDROAD Alderman Orr referred to a recent rezoning application approved by City Council for the property at Cherrywood Drive and Drummond Road for Jim Blair Motors to permit the parking of trucks and vans. The Alderman advised that there had been an accident at this intersection on the weekend, apparently caused by the parked trucks obstructing the view of on-coming traffic. Alderman Orr advised that the persons involved would be coming to the next meeting of Council on this matter. B.I.G. COMMITTEE MINUTES Alderman Puttick asked for a clarification of assessment figures quoted in the B.I.G. Committee minutes. The City btanager indicated that the figure quoted of $750,000 was high, and tha~ a more accurate figure would be closer to $500,000- Alderman Puttick questioned the need for including Switzerland in the upcoming European Industrial trip to be taken by Mr. J. Montgomery. Alderman Merrett explained that the visit to Switzerland would only involve one day, and that a meeting had been set up with a firm interested in discussing the City's industrial lands. His Worship, M~yor Thomson also advised that a definite itinerary has been set up for the tour, and appointments made with industries indicating a serious interest in locating in Canada. SNOW REMOVAL Alderman Schisler advised that the Streets Department was sanding roads after a small amount of snow had fallen, following which a plough would come along and remove the sand. The Alderman felt there was no reason why the plongh should come along fifteen minutes after the sander and remove the sand that had Just been spread. The Maintenance & Operations Engineer advised that it was not possible for the sander to go through its whole assigned route and return to ploughwithin fifteen minutes. The Director of Municipal Works indicated that the City was planning on reducing its sanding operations. Although the truck does return to plough the roadway, the Director of Municipal Works stated that this was not done within fifteen or twenty minutes of the sanding operations. REMOVAL OF DEAD ANIMALS Alderman Dilts stated that according to the City's policy and procedural manual, the Sanitation Department picks up and removes dead animals between the hours of 8:00 a.m. and 5:00 p.m. The Alderman indicated that he would like to see the City establish same guidelines as to what the Humane,Society is expected to carry out in the form of animal control, so that the City would know what services they were paying for on animal control. Alderman Schisler pointed out that the City does have a by-law covering animal control. Alderman DilCs felt that the by-law was not quite definite on which functions were the responsibility of the Society, and suggested that an agreement should be prepared setting out exactly what the City expected in the form of animal control. The Alderman suggested that the sale of dog tags could be handled in the same fashion as hunting or fishing licences, through several outlets in the City. It was agreed that these suggestions would be discussed at the upcoming meeting with respresentatives of the Humane Society and the City. BANKING SERVICES His Worship, Mayor Thomson advised that the Region reviews on a regular basis the different banking services available in order to determine the most advantageous rates and banking charges. The Mayor suggested that this could be reviewed by the Finance Committee. It was moved by Alderman Puttick, seconded by Alderman Orr, that the mercer of banking services be referred to the Finance Committee. Carried Unanimously. It was moved by Alderman Cheesman, seconded by Alderman Dllts, that the meeting adjourn to Committee of the Whole. Carried Unanimously. a.i. coLLlf s6N; Committee Room #1 February 12, 1979 Council met in Committee of the Whole on Monday, February 12, 1979, foilowL a regular meeting of CounCil. All members of Council were present. Alderman Dtlts presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. k · & ' · · · PEA1) AND ADOPTED, JL. COBB,_, vv w 'J ' Council Chambers February 12, 1979 Council reconvened in regular session on Monday, February 12, 1979, followi~ a meeting in Committee of the Whole. All members of Council wer~ present. His Worship, Mayor Thomson presided as Chairman. ' The meeting adjourned. coLimso , NINTH MEETING Committee Room #1 February 26, 1979 COMMITTEE OF THE WHOLE Council met on Monday, February 26, 1979 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Puttick. Alderman Wallman presided as Chairman. Following consideration of the arose without reporting. presented, the Committee of the Whole READ AND ADOPTED, MAYOR WAYNE THOMSON Council Chambers February 26, 1979 Council met on Monday, February 26, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Puttick. His Worship, Mayor Thomson presided as Chairman. Alderman Merrett offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the minutes of the meeting of February 12, 1979, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS SHRINER'S CREEK PROJECT Report No. 144 - City Manager - The report provldes information on the project as a result of the Ontario Municipal Board decision on the Urban Area Boundaries and the proposal of the developers to contribute $256,259.61 towards the project. 'Report No. 145 - City Manager - The report advises that seven developers owning approximately 460 acres are willing to contribute $522,000 of the estimated cost of $675,000, leaving a balance of approximately $153,000. The report requests direction of Council on the following points: 1) Does Council wish to assume the approximately $153,000 presently uncommitted for the project on the conditions set forth by the developers, with the knowledge this figure is subject to possible increase; 2) If Council wishes to assume the $153,000, from what source of City funds should the amount be taken; 3) IF the City assumes the $153,000, does Council wish the "Declaration of Policy for Development of Subdivisions" to be amended in order to allow the City to try to collect the amount paid by the City from those land owners who have not contributed to the project; and 4) Is Council agreeable to the City Manager advising the N.P.C.A. that sufficient funds will be made available for the project and that the Authority may proceed with the next phase of the project, and that expropriation proceedings on those lands required for the project on which negotiations have not been concluded, may be commenced with the City to pay 50% of the expenses including final land costs for the lands expropriated. His Worship, Mayor Thomson advised that it was necessary for Council to make a decision on the matter, since the property options for lands required .for the project will expire on February 28, 1979, and funding from the Province could be lost if the project did not proceed soon. The Mayor pointed out that all development west of the Q.E.W. was contingent on the project. Reference was made to the suggestion that the City consider development in the southern 2 portion of the City, however Mayor Thomson indicated that costs for servicing in this area of the City will be higher than servicing costs for lands in the Shrinerts Creek area. Mr. F. Burchef of the Ministry of Housing provided members of Council with a brief history of the Ministry's involvement in the Shriner's Creek project. Mr. Butcher conmented that the developers have made connnitments, and City Councfi has shown good faith in its intention to proceed with the project, and if the monies allotted in the fiscal year were not spent, they would be lost. The Provincets share of the project was ready and available with the first part to be spent in this fiscal year and the balance next year. Mr. C. Leuty of the Conservation Authority stated that the Authority has an agreement with the City and would not proceed until the City wishes to proceed with any phase of the project. Mr. Leuty conmented that if there were delays, costs would increase. In response to a question raised by theMayor, Mr. Leuty indicated that there is funding available for the project this year. Mr. F.A. Branscombe thanked the Council, the Ministry of Rousing and the Niagara Peninsula Conservation Authority for all the work done to bring the project to this point. Alderman Fera indicated that he had been concerned about the Monroe Extensi~ Subdivision not being included in the acreage contributing to the cost of the project, however since the Shriner's Creek project would result in the greatest good for the greatest number, he would support the project. 'In response to a question raised by Alderman Fera, His Worship, Mayor Thomson advised that the City could not guarantee that impost funds can be collected in the future. The Mayor further advised that although the City had not experienced difficulty in the past in collecting fees, the Legal Dept. had felt it should be noted there was no guarantee these monies would be collected. Alderman Cheesman reviewed the City's involvement with the project in the past years and pointed out that Council has been forced to take rapid action because of the deadlines approaching. The Alderman urged Council to support the project in view of the fact development of the northwest"lluadrant of the City was dependent on the proposal proceeding. The decision being made by Council would have an effect on the City for the next twenty or thirty years. Alderman Cheesman also pointed out that the City was getting a good deal on the project cost. With a tqtal project cost of over one million dollars, less the Provincial contribution of 50%, and the developers' contribution of 38%, Alderman Cheesman stated that the Cityts portion was approximately 12%, with the expectation that the investment would be recovered through imposts. The Alderman indicated that he had received a call from a realtor asking why the City should contribute towards the development of lands west of the Q.E.W. to facilitate construction of homes, when this did not take place east of the Q.E.W. Alderman Cheesman pointed out that development on the east did not require from developers, the same kind of contribution the City has asked from developers to the west. Additional information was provided by His Worship, Mayor Thomson and the City Manager in response to several questions raised by Alderman Schisler. Alderman Schisler indicated that the interest plus the balance in the Expansion and Renewal Fund totalled $83,000, and commented that he felt the City should net have to fund its share of the project totally from the current budget. The Alderman suggested that the Council should look a little further than the information presented, and pointed out that while there are monies in the Fund presently committed, some of the projects might not proceed during 1979. The City Treasurer advised that the interest in the Fund was shown so that Council would know costs have inflated since the commitments were original!y made. The $59,000 interest was set aside to alleviate inflationsty trends for'the commitme:~ in the Fund, since all projects have a greater cost now than when originally made. Alderman MacBain suggested that funds could be used from the current budget in the event all or part of the $153,000 could not be taken from the Expansion and Renewal Fund. Alderman Dilts pointed out that if the City did not proceed with the assistance of the developers at this time, the City could end up spending at least its share looking after existing development in the area. His Worship, Mayor Thomson con~ented that staff has worked very hard on the project, attending meetings and preparing reports. The Mayor conended 3 staff highly ~or what has been accomplished. The developers have indicated their good faith and have come through to indicate the need for the project. Mayor Thomson also commended the property owners in the area who were responsible for the environmental hearing due to concern for protection of their properties. Mr. Bircher and Mr. Leuty were also thanked by the Mayor for their assistance in bringing the project to this stage. ~. G. Schneider of N.P.H.B. Land Developments Ltd., thanked the Mayor and Council for making the project a reality. Following further conment, the following resolution was passed: RESOLUTION No. 19 - MACBAIN - HINSPERGER - RESOLVED that the following answers and directions be given to the City Manager with respect to his Report of February 26, 1979, on the Shriner's Creek Project with authority to proceed accordingly: 1) Page #1, (1) - That River Realty Development Limited would contribute $1,134 per acre on all of its lands within the Shriner's Creek drainage area and the Region's Urban Areas Boundaries except its lands comprising the Monroe Extension I Subdivision. 2) Page #1, (2) - That River Realty Development Limited's contribution be made by letter of credit in favour of the City, deposited with the City on demand. 3) Page #2, 1. - That the Council assume approximately $153,000 that is presently uncommitted for this project, on the conditions that the developers who are now willing to contribute have set forth (including the freeze of impost fees to present levels for the lands of the developers now contributing within this area) and with the knowledge that the $153,000 figure is subject to possible increase. 4) Page #3 2.a. - That in the event all or part of the $153,000 that is presently ' uncommitted for this project cannot be obtained from the Expansion & Renewal Fund, that the funds be taken from the current budgets for 1979 and 1980 with a reserve(s) required to be established for this purpose. 5) Page #3, 3. - That the City in assuming the approximately $153,000 for this project which has not been heretofore cormnitted, amend the "Declaration of Policy for the Development of Subdivisions" in order to allow the City to try to collect, at some future date, the amount paid by the City for this project from the owners of land in the Shriner's Creek drainage area and the Region's Urban Areas Boundaries who have not contributed to the project. 6) Page #3 4.a. - That the City Manager be directed to advise the Niagara Peninsula Conservation Authority that sufficient funds will be made available for this proJe(~ and that the Authority may proceed with the next phase of the project. 7) Page #3 4.b. - That expropriation proceedings on those lands required for the Shriner's Creek Project on which negotiations to purchase have not been concluded may be commenced with the City to pay 50% of the related expenses of expropriation including final land costs for the lands expropriated. AND FURTHER that the developers' share in cash and River Realty Development Limited's Letter of Credit be obtained at the earliest possible date, that Council be advised when both are received, and with these specific items, that the report of the City Manager be adopted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously REQUEST FOR PERMISSION TO HOLD WEEKLY BINGO ON MONDAYS Communication No. 46 - St. Ann's Church - The communication requests permission to hold weekly Bingo on M~ndays instead of Wednesdays. In response to a question raised by Alderman Merrett, His Worship, Mayor Thomson indicated that because of the previous controversy and discussions held, it was felt such requests should be brought to the attention of Council. At that time Council felt that if a group wanted to change its night for Bingo, the..decision was up to that group. -4- Alderman Merrett indicated that St. Patrick's Church held their bingo on Monday evenings, and hoped that the change by St. Ann's bingo would not affect St. Patrick's bingo adversely. Mr. S. Mach of the Stamford Lions Club stated that if St. Ann's could not compete with two opposing bingos on Wednesdays, what evidence was there that changing to Mondays with three other bingos would improve their position. Mr. Much felt that other groups would start changing nights, resulting in a "leap-frog" situation. The Stamford Lions Club had made certain commitments for the betterment of the City, and Mr. Mach commented that with increased competition, the Lions Club Hall and Park might now not be possible, since the Club's financial participation will be greatly reduced. It was moved by Alderman MacBain, seconded by Alderman Fera, that the request of St. Ann's Church to hold Bingo on Monday nights, be approved. The motion Carried with Alderman C,mmings abstaining on a conflict of interest, and all others voting in favour. ONTARIO MUNICIPAL BOARD DECISION ON APPLICATION OF THE REGIONAL MUNICIPALITY OF NIAGARA FOR APPROVAL OF ITS OFFICIAL PLAN RELATING TO URBAN AREA BOUNDARIES Report No. 146 - City Solicitor - The report provides information on the Ontario Municipal Board decision with respect to the Region's urban area boundaries. The report recommends that Council make a decision on what submissions, if any, should be made on behalf of the City with respect to the O.M.B. decision, to the Regional Planning & Development Committee meeting on February 28, 1979. In response to a question raised by Alderman Sobol, the City Solicitor indicated that the City retained two engineering experts during the hearing, and the charge for this service was approximately $4,000. The other expenses involved staff time, however no costing had been made on staff time. ORDERED on the motion of Alderman MacBain, seconded by Alderman Sobol, that no submissions be made to the Regional Planning & Development Connnittee, and further that the City Solicitor be commended for his efforts on behalf of the City. Carried Unanimously. RYERSON/MARKET PARK STEERING COMMITTEE Report No. 147 - His Worship, Mayor Thomson - The report recommends passage of a by-law authorizing the ~cceptance of a proposal by Mackenzie, Wilson and Associates to provide appraisal and negotiation services for the Kyerson Market Redevelopment Area. Alderman Schisler felt the fee for the appraisal was quite high, and asked if the City hired only one appraisal group or if an attempt was made to get the best price. His Worship, Mayor Thomson pointed out that the fee was not simply for an appraisal but for negotiation services for property acquisition. Alderman Orr indicated that the firm has done satisfactory work for the City in the past. The City Manager advised that the cost was $12,300 iu response to a question raised by Alderman Fete. ORDERED on the motion of Alderman Merrett, seconded by Alderman Or/, that the report be received and adopted. Carried Un~nimously. See By-law No. 79-34 COMMUNICATIONS No. 47 - Greater Niagara Transit Commission - Re: Statement of Affairs for the Year 1978. The communication provides information regarding the operation of the Greater Niagara Transit Commission for the year 1978, including the statemenl2 of affairs. " The Mr. Mowers, Chairman of the Co~unission, provided additional information in response to several questions raised by members of Council. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the communication be accepted as submitted. Carried Unanimously. No. 48 - Niagara Chair-A-Van - Re: Statement of Affairs for the Year 1978. communication provides information regarding the operation of the Niagara Chair-A-Van service for the. year 1978, including the statement of affairs. Mr. Mowers, Chairman of the Management Board of Niagara Chair-A-Van, provided additional information to the members of Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Herrerr, that the communication be accepted as submitted. Carried Unanimously. -5- No. 49 - Niagara Peninsula Conservation Authority - Re: ~ple Syrup Days. The communication extends an invitation to the members of Council to attend the annual Press and Council Open House onMarch 1, 1979. ORDERED on the motion of Alderman MacBain, seconded by Alderman Merrett, that the invitation be received with thanks, and that as many members of Council as possible attend the function. Carried Unanimously. No. 50 - Joe Moretta Investments Ltd. - Re: Garbage Collection. The communication expresses concern over the possible establishment of a dumping fee charge for the sanitary landfill site. ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that the communication be referred to the Sanitary Landfill Site Committee. Carried Unanimously. No. 51 - Lions Club - Re: Rainbow '79 Convention. The communication requests permission to hold a parade in conjunction with the convention to be held in June, and to erect a tent behind the "Nearly New" Shop at the southeast corner of Park Street and Erie Avenue for half a day during the parade. The City Clerk indicated that the site requested by the Lions Club was not owned by the City, and that staff would attempt to find another suitable location for the Lions Club. Alderman Cheesman also indicated there may be another parade on June 3rd, and suggested the Lions Club be so advised. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the request be referred to staff in order to assist the Lions Club in finding another site for location of the refreshment tent. Carried Unanimously. No. 52 - Niagara District Airport Commission - Re: Extension of Municipal Agreement. The communication requests that Council consider an extension to the present municipal agreement to .December 31st, 1989 with an option for renewal for a further ten-year period. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that Council approve the extension subject to similar approval being received from all participating municipalities. Carried Unanimously. No. 41 - Association of Municipalities of Ontario - Re: provincial/Municipal Financial Relations. The communication, which was tabled from the previous meeting, requested support of the AMO Statement with respect to the Provincial . announcement of 1979 transfer payments to municipalities. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cunnnings, that the resolution of the Association of Municipalities of Ontario be endorsed. Carried Unanimously. No. 53 - Royal Commission on Electric Power Planning - Re: Public Hearings. The communication advises of public hearings to be held during March on the question of the need for additional bulk power facilities in the area. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the communication be referred to staff to ensure that all interested parties are aware of the public hearings. Carried Unan~fmously. No. 54- Regional Municipality of Niagara - Re: Regional Niagara Advisory Housing Committee. The communication requests the appointment of a representative from the City on the subject Committee. Alderman Sobol asked if the appointee had to be a member of Council, and suggested that possibly a member of the Planning & Development Committee might wish to be appointed to the Committee. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the communication be referred to the Planning & Development Committee, subject to confirmation from the Region that the appointee does not necessarily have to be a member of Council. Carried Unanimously. No. 55 - Niagara Symphony Association - Re: Request for Grant.'The communication requests a grant from the City to help the Association operate and reduce its accumulated deficit. In response to a question raised by Alderman Schisler, the Director of Recreation indicated that the Recreation Commission provides a grant to the Association based on the number of young people living in Niagara Falls that participate. ORDERED on the motion of Alderman Cheesman, seconded by Aldermau Dilts, that the communication be referred to the Finance Committee, Carried Unanimouslx. -6- No. 56 - Niagara Parks Commission - Re: Queen Victoria Park Traffic. The communication invites a representative of the engineering staff of the City to attend various meetings that will be held to consider all aspects of a traffic study commenced by the Queen Victoria Park Traffic Committee. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the Director of Municipal Works, or his alternate, be appointed to represent the City on the Queen Victoria Park Traffic Committee. Carried Unanimously. REPORTS No. 148 - Alderman Chessman - Re: Niagara Falls 75th Anniversary Committee. The report provides information on the progress of the Committee for the past month. Alderman Chessman invited the comments of the members of Council within the next few weeks, on the proposed plans for the observance of the City's 75th Anniversary. ORDERED on the motion of Alderman Cheesman, seconded by Alderman err, that the report be received and filed. Carried Unanimously. No. 149 - Recreation Commission - Re: Area Recreation Board Appointments. The report recommends confirmation of various appointments to the Area Recreation Boards. The report also requests the appointment of an alderman to each of the area boards. ORDERED on the motion of Alderman Sobel, seconded by Alderman Schisler, that the report be received and adopted, and further that Alderman Dilts be appointed to the Niagara South Area Board, Alderman Cummings to the Niagara Northwest Area Board and Alderman Orr to the Niagara Central Area Board. Carried Unanimously. No. 150 - Recreation Commission - Re: Crosswalk at the Niagara Falls Lion's Club Outdoor Skating Rink and Swimming Pool. The report recommends that Council take the appropriate action to have a safe crossing area on Dr,nnmond Road at the Niagara Falls Lion's Club outdoor skating rink and swimming pool. ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger, that the report be received and adopted. Carried Unanimously7 No. 151 - Recreation Commission - Re: Issuance of Permits on Sunday Morning. The report recommends that permits may only be issued by the Recreation Commissic for Sunday use after 1:30 p.m., and that special permission to use municipal athletic fields or parks prior to 1:30 p.m. on Sundays may be authorized by Council in accordance with the Lord's Day Act. His Worship, Mayor Thomson expressed his concern regarding the scheduling of athletic events in the City's park system on Sundays. The Mayor felt it was not unreasonable to have people maintain their relationship with the churches, and if the policy is established, the door would be left open for groups coming to Council requesting special permission for events on Sundays. Alderman Cummings indicated that he agreed with the Mayor in principle, however expressed his concern that occasionally with a special event such as a championship tournament, in order to get all games in, a Sunday morning has to be used. Alderman Cummings felt there should be some provision for such events, since if a major event were lost because there was no allowance for Sunday events, this would result in a loss of revenue to both the groups involved and the City. Alderman Merrett agreed and pointed out that many of the organizations depend on the revenue from such events to support their themselves. In response to a question raised by Alderman Sobel, the City Clerk advised that according to the Ontario Lord's Day Act, it is contrary in law to permit Sunday sports before 1:31 p.m. on any event to which admission is charged. It would therefore be contrary to the Act to permit anyone to hold an event and charge admission before 1:31 p.m. Alderman Chessman commented that if Council makes allowance for certain ~'. exceptions, decisions would constantly be required on whether or not to permit special events on Sundays. The Alderman suggested that those groups coming to t~e City know the rules and should live by them. Alderman Dilts advised that he had been approached by a member of a local church expressing concern on this matter, particularly the practice of schedulint~, minor hockey practices on Sunday mornings. Aideman Fera felt that many parents want to take their children to church serviues on Sunday, and that this one one hour is very important to them. -7- In response to a question raised by Alderman Hinsperger, the Director of Recreation indicated that no charge can be made, so that if a group wanted to use an athletic field, it would have to come to Council for special permission. The event could be a church service, or the "Indian Weekend", and no matter who used the field, no charge for admission could be charged during that time in accordance with The Lord's Day Act. Alderman err pointed out that there is a competitive market in sports, and many other municipalities are vying for tournaments this summer. The Alderman felt that unless there was provision for Sundays, the City would not be considered. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with the following vote: AYE: ~ldermen Cummings, Dilts, Hinsperger, MacBain, Merrett, err, Schisler and Sobel. NAYE: Aldermen Cheesman, Fera and Wallman. No. 152 - Recreation Commission - Re: Amendments to Rules and Regulations for Issuance of Permits for Usage of Municipal Athletic Fields. The report recommends certain amendments to the Rules and Regulations for the use of City parks and athletic fields. ORDEP~D on the motion of Alderman Schisler, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 153 - Recreation Commission - Re: Carnivals, Exhibitions and Tournaments on City Owned Lands. The report reconnnends certain amendments to the policy on Carnivals, Exhibitions and Tournaments on City Owned Parks. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 154 - Recreation Commission - Re: Banners, Buttons and Crests. The report recommends approval of the policy respecting the practice of giving out banners, buttons and crests. ORDERED on the motion of Alderman Sobel, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 155 - Recreation Commission - Re: Programming Municipal Arenas. The report recommends that Council grant the Recreation Commission authority to program the arenas as is done with Municipal athletic fields, therefore bringing all user groups together to familiarize one another with what is being planned with tournaments and regular programs, to be established in advance on a program schedule. Alderman err agreed that the idea of centralizing the scheduling of events for the arenas had merit, however he felt that the report did not provide 'sufficient information on how this change would affect the Arena staff. The Alderman felt that the effect of the report~ould be to transfer more responsibility on the Commission, and duplicate existing Jobs. Alderman Orr requested that a further report be prepared, with comments from the Projects and Services Engineer on the matter. Alderman Hinsperger pointed out that this same practice is followed with municipal parks, and it was not intended to leave theArena Managers out of the programming for arenas. The intent of the policy was to have both Arena Managers working together with the Commission staff in setting up schedules for the Arenas. Alderman Cummings advised that with the parks, the Commission advertises for use of the parks, and then sets a schedule at the beginning of the year. What has happened in the arenas, particularly with minor hockey, occasionally a major tournament is arranged, and the minor hockey lost ice time without prior notice. Alderman Merrett felt the parks policy worked well, however agreed that additional information on the matter would facilitate members of Council in making an appropriate decision. It was moved by Alderman Orr, seconded by Alderman Chessman, that the report be tabled for further information. The motion Carried with the following vote: AYE: Aldermen Chessman, Dilts, Fare, MacBain, Merrett, Orr, Schisler, Sobel and Wallman. NAYE: Aldermen Cummings and Minsperger. -8- No. 156 - City Manager - Re: Tax Arrears. The Finance Committee recommends: 1) That 63 tax delinquent accounts receive a letter from the City Treasurer requesting action within 30 days and upon further report of the City Treasurer, certain accounts would be invited to attend the Finance Committee meeting; and 2) That the Government of Ontario be petitioned to amend the penalty and interest rate on overdue taxes. Alderman Merrett expressed his concern that the tax arrears had been all0wel to reach such proportions, and suggested that the City was going to have to get tough with tax delinquents. The Alderman asked how the City expected the ~ average taxpayer to pay his taxes when large firms don't. Alderman Sobol agreed that the City was at the stage when such action was necessary, and suggested that Council consider the possibility of using an incentive to get people to pay taxes ahead of time. Alderman MacBale advised that he wished to disassociate himself with the recommendation of the Finance Committee concerning the sixty-three tax delinquen[~ The Alderman did agree with increasing the permissable interest rate on arrears, Alderman MacBain stated that the tax arrears amounted to almost $4 million, and predicted that the figure would rise to $5 million in one year. There are sixty. three taxpayers owing the City $2.5 million, and Alderman MacBain was critical of the fact the Finance Committee was now suggesting that letters be sent to each of these taxpayers. The Alderman pointed out that these people had been sent letters by the Treasurer, and another letter was not going to make any difference. Alderman MacBale commented that his prime interest was the financial integrity of the City, and asked how the City could expect the home owner to pay his taxes every year when he knows sixty-three taxpayers alone owe $2.5 million. Reference was made to action taken in Buffalo, whereby delinquent taxpayers were~ given so many days to settle the account, otherwise their names would be published in the local newspaper. Alderman MacBaiu suggested the following action: 1) That Council recognize there is a crisis; 2) Advise the deliDqUent taxpayers that their names and amounts owing will be advertised in the press; and 3) Get a liaison person on the project to go to a local legal flrmwith authority to take whatever action necessary to recover arrears, and have Council~ and staff iu particular keep their hands off the arrears aud°~top protecting these people. This person would report back to Council every month for one yearl and in the second year, it could be done every three months. His Worship, Mayor Thomson stated that the Finance Committee has tried to work out a plan through the City Treasurer that will take action. Writs have been issued to recover arrears. The Mayor indicated that he had suggested increasing the interest rate on penalties so that the City was not a financial institution for persons not paying taxes. The Mayor felt Council was taking positive action by giving these people thirty days so they ~ould know the City was serious. Mayor Thomson stated that the City was being fair initially, after that time a full report would be prepared giving names and amounts. Alderman Fern disagreed with the suggestion that names be advertised in the newspaper, and commented that he would not want to be responsible for ruining a person'.s reputation. Alderman Fern indicated that he favoured Alderman Sobol's suggestion of giving people an incentive to pay their taxes. Alderman Cheesman advised Council to use the word "crisis" with a great deal of caution. The Alderman agreed that on a national basis, he would agree there was what could be considered a financial crisis, however he pointed out that the City did not create that situation. Municipal levels of government are the most restrained amongst all levels of government. In defence of staff, Alderman ~heesman stated that members of staff have not been allowed to tell the Council in detail, the hurdles they have faced in attempting to ~ollect arrears. Of the total amount of arrears, $1 million is owed by two corporations.~, One of these properties is Samray, and because of the fire difficulties were being experienced iu collecting the arrears. The other account involves legal proglems, and Alderman Cheesman stated that all the letters and newspaper articles written would not change that reality. The Alderman indicated that many of the smaller businesses are experiencing financial difficulties, however most of them are law abiding citizens and would pay their taxes if they could. Alderman Cheesman advised that the inflation factor has made it advantageous for people to use the City as their bank. AldermanMerrett agreed that these individuals should be given a chance to react before the City took further action to recover the arrears. The Alder~~' felt there was a serious problem with the arrears, and pointed that his business~ Could not be operated with this amount of money in the accounts receivable, -9- The City Manager indicated that he and the City Treasurer have been concerned about the tax arrears. The situation has improved over what it could have been in the last couple of years, and this may not be apparent to many people. The City Manager advised that Niagara Falls was in the top 20% in financial health in the Province and in Canada. In 1975, the City had one of the lowest rates of taxation based on the same house throughout Canada. In 1978, the taxes levied were $28.8 million. Of that amount, $26.44 million was collected, amounting to 92% of the taxes issued. The City Manager stated that of the $3.9 million in arrears, $3.523 million is guaranteed by property. The City Manager stated that he was strongly in favour of the recommendation that the delinquent accounts be given thirty days, following which interviews should be held with those individuals and the Finance Committee and Council. The City Manager also indicated that he was not adverse to advertising the arrears in the press. Alderman Schisler was critical of the fact that there were arrears owing since 1970. The Alderman stated that many of these corporations would rather put their money into investment and let their taxes fall into arrears. With respect to business tax, Alderman Schisler felt the businesses should close until the taxes are paid. The City Treasurer advised that the arrears system is worked through part time staff, and that the system needed permanent staff with full authority resting in the Treasury Department to get the job done. With respect to the premium on property taxes, the City Treasurer stated that the wrong persons were taking advantage of the prepayment. Those persons who would normally pay their taxes on time were making the prepayment, and the City Treasurer advised that the money is only with the City for three months, and the interest for that period is not that attractive. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. The motion Carried with Alderman MacBain voting contrary, and all others voting in fayour. See Resolution No. 21 No. 157 - City Manager - Re: Rental of Landfill Site Equipment. The report recommends the inclusion of certain amendments in the contract specifications for rental of equipment for the landfill site, and calling of tenders. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 158 - City Manager - Re: Maple Leaf Village Changeable Readograph Sign. The report recommends approval of the subject sign. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 159 - City Manager - Re: Watermain on Murray Hill. The report recommends: 1) The construction of the subject watermain be included in the contract of the Niagara Parks Commission, with the City responsible for payment of that portion of the contract; and 2) That construction lay6ut, inspection and general administration of the contract for the City's portion of the work be assigned to the consulting engineering firm of DeLeuw Cather, with reimbursement in accordance with the A.P.E.O. schedule fee basis, time plus expenses. An upset limit of $2400 would be established for construction layout and inspection, and an upset limit of $1,000 for general administration and co-ordination of the works. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 160 - City Manager - Re: Request - Niagara Falls Boxing Club. The report recommends passage of a by-law to permit boxing tournaments to be held on Sundays. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. See By-law No. 79-40 No. 161 - City Manager ~ Re: Participation in Metric Conversion Program. The report recommends that the City of Niagara Falls participate in the Region's metric conversion program for the year 1979. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cunnnings, that the report be received and adopted. Carried Unanimously. No. 162 - City Manager - Re: Resignation - City of Niagara Falls Board of Museums. The report advises of the resignation of Mrs. G. Penney from the Board, and recommends that COuncil,fill the vacancy created by the resignation, and that - 10 - a letter of conmendation be sent to Mrs. Penney in appreciation for her service to the con~nunity. ORDERED on the motiou of Alderman Wallman, seconded by Alderman Schisler, that the report be received and adopted, and that Mr. David Mckenzie be appointed to the Board of Museums. Carried Unanimously. No. 163 - City Clerk - Re: Report of the General Committee. The report recommends ratification of the following action taken by Council in General Committee: l) That the Retail Market Demand and Facilities Distribution Study be referred to the Downtown Board of Management and City Staff, and further that Mr. A. Crate prepare a report on how the City should use the Study as the instrument to proceed positively; 2) That a special committee be establishei to consider grants available and possible agreements between Mr. Quinn and the City with respect to possible renovations to the Niagara Falls Memorial Arena. His Worship, Mayor Thomson and Aldermen Cummings, Fete, Hinsperger, Orr and Wallman will serve on the committee. It was further directed that the comments of Mr. Quinn with respect to the operation of the Niagara Falls Memorial Arena be referred to staff for the preparation of a report; 3) A verbal update on the progress of the Shriner's Creek Project was given by the City Manager; 4) An information report respecting parking for the Maple Leaf Village complex was given to members of Council, it was directed that the report be received and filed. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 164 - City Manager - Re: Westway Estates Proposed Subdivision. The report recommends approval of a request from Croup 2 Development Limited for the Ministry of Rousing to provide an extension to the draft plan approval of the subject subdivision for a period of one year to April 15, 1980, and that the Ministry of Rousing be notified accordingly. ORDERED on the motion ofAlderman Sobol, seconded by Alderman C,mmings, that the report be received and adopted. Carried Unanimously. No. 165 - His Worship, Mayor Thomson - Re: Freedom of the City to the Lincoln and Welland Regiment. The report recommends that Council grallt the Freedom of the City to the Lincoln and Welland Regiment on June 3, 1979. ORDERED on the motion of Alderman Cur~nings, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. No. 166 - City Manager - Re: Resolutions from Other Municipalities. 1) City of Thorold - Petitioning the Workmen's Compensation Board to recognize certain deficiencies in the current method of paying compensation to volunte~' fire fighters. Recommendation - That the resolution be endorsed and thaI City of Thorold notified accordingly. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cun~ings, that the recommendation be adopted. Carried Unanimously. 2) Township of Hinchinbrooke - Requesting the Province to apply Winratio profite~: for payment of health care and education. Recommendation - That the resolution be received and filed. ORDEBED on the motion of Alderman Schisler, seconded by Alderman Dllts, that the~ recommendation be adopted. Carried Unanimously. 3) To~u of Lincoln - Petitionlug the Ontario Government to have the Municipal ~ amended to allow municipalities to charge interest at the rate of 1½% per month on overdue taxes. Recommendation - That Council endorse the resolution recommended by the City'~ Finance Committee that the existing legislation be changed to allow municipalities to charge interest on tax penalties at a rate not-exceeding 24% per annum. ORDERED on the motion of Alderman Wallman, seconded by Alderman MacBain, that the resolution be received and filed. Carried Unanimously. 4)!Regional Municipality of Feel - Requesting the Province to introduce legislet[ to implement a three-year term for elected municipal officials in areas whe[t' Regional Gevernment is in place. Recommendation - For the consideration of Council. ORDEB~D on the motion of Alderman Cheesman, seconded by Alderman Wallman, that the resolution be received and filed. The motion Carried with the following voter ~YE: Aldermen Chessman, C~!mm~ngs, Dilts, Fera~ Hiusperger, MacBain, Oft,' 8ch~sler and Wall~sn. NAYE~ Aldermen Merrett and Sobol. ~) 'C'ity of Kttchener - Requesting new legislation covering the use of trail bikes or other such motorized recreational vehicles. Recon,~endation - That the resolution be endorsed. OKDERED on the motion of Aldex~an Dilts, seconded by Alderman Hinsperger, that[ the recommendation be adopted. Carried Unanimously. .,.,,11 - ll - 6) Regional Municipality of Ramilton-Wentworth - Requesting the Ministry of Transportation & Communications to provide annual statistics on vehicle registration, etc. Recommendation - That the resolution be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the recommendation be adopted. Carried Unanimously. 7) City of Kitchener - Requesting the Provincial and Federal Governments to pass legislation prohibiting strikes and work stoppages by public service employees. Recommendation - That the resolution be supported insofar as it relates to specific essential services, i.e. ambulance service, etc. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the recommendation be adopted. The motion Carried with Alderman Cheesman voting contrary, and all others voting in favour. 8) City of Guelph - Requesting the Province to extend and expand the Ontario Downtown Revitalization Program. Recommendation - That the resolution be endorsed. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the recommendation be adopted. Carried Unanimously. 9) City of Windsor - Requesting the Province to rescind the requirement of a municipal audttor's statement of 'final costs prior to the payment of grants for major water and sewage projects. Recommendation - That the resolution be endorsed. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the recommendation be adopted. Carried Unanimously. No. 167- City Clerk - Re: Advisory Report. The report attaches conununications from the Regional Municipality of Niagara and the National Film Board of Canada. It is recommended that the information contained in the communications be noted and that the report be received and filed. Alderman Dilts advised that he was not satisfied with the explanation of the Region regarding the speed limit signing on Lyon's Creek Road, however he would pursue the matter on his own. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 168 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Manager provided information on Cheques #2847 and #2791 in response to questions raised by Aldermen Cummings and Schisler. ORDERED on the motion of Alderman Merrett, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 19 - SEE PAGE THREE No. 20 - CHEESMAN - SOBOL - RESOLVED that pG~suant to the Public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of supplementary subsidy monies for public transportation in the amount of $7,164.00 for the Transit Operating Assistance Program; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 21 - SOBOL - MERRETT - RESOLVED THAT WHEREAS Section 527, Subsections 3 and 4 of The Municipal Act restricts municipalities to a maximum charge of 1% per month on past due current taxes; and Section 553, Subsections 1 and 2 restricts municipalities to a maximum charge of 12% per annum on tax arrears; AND WHEREAS this restriction is no longer realistic due to prevailing prime bank rates being equal to this charge; AND WHEREAS this restriction has made it more difficult to collect taxes when due; NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls petitions the Government of Ontario to amend these Sections of the Municipal Act to permit the penalty on current taxes to be set by by-law up to 2% per month, and that interest on tax arrears be allowed to be set by by-law up to 24% per annum; AND BE IT FURTHER RESOLVED that this resolution be forwarded to other Ontario Municipalities for endorsation and support; AND the Seal of the Corporation be he~eto affixed. Carried UnanimoUsly - 12 - BY-LAWS ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman, that the following by-law be now read a third and final time: No. 78-204 - A By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. Carried Unanimously ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that le~ be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-36 - A By-law to authorize the acceptance of a proposal of the firm of Mackenzie, Wilson & Associates to provide appraisal and negotiation services for the Ryerson/Market Redevelopmeet Area. No. 79-37 - A By-law to authorize the execution of an agreement with Richard Collee Trucking and Excavating Ltd. for the demolition of a building. No. 79-38 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Lewis Avenue) No. 79-39 - A By-law to provide monies for general purposes. No. 79-40 - A By-law to amend By-law No. 72-162. (Boxing on Sundays) Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the following by-laws be now read a second and third time: No. 79-36 - A By-law to authorize the acceptance of a proposal of the firm of Mackenzie, Wilson & Associates to provide apprais~ and negotiation services for the Ryerson/Market Redevelopmeet Area. No. 79-37 - A By-law to authorize the execution of an agreement with Richard Collee Trucking and Excavating Ltd. for the demolition of a building. No. 79-38 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Lewis Avenue) No. 79-39 - A By-law to provide monies for general purposes'.' No. 79-40 - A By-law to amend By-law No. 72-162. (Boxing on Sundays) Carried Unanimously NEW BUSINESS FLOODING PROBLEM - 3812 G/~RNER ROAD Alderman Cummings advised that due to thawing conditions, Mr. C. Carter of 3812 Garner Road was experiencing severe flooding problems on his property. The Alderman advised that there is a culvert in front of Mr. Carter's home which runs under the roadway, however the culvert is plugged on the other side. Alderman Cummings suggested that some relief could be obtained by clearing the ditch so that the culvert can drain properly. Alderman Cummings also advised that adjacent lands are draining on to Mr. Carter's property as well, and suggested that a member of the Municipal Works Department inspect the property to determine if remedial action can be taken. His Worship, Mayor Thomson indicated that the problem is quite serious since it involves water draining across private lands. It was moved by Alderman Cun~nings, seconded by Alderman 8chisler, that the matter be referred to staff for the preparation of a report. Carried Unanimously. PORTAGE ROAD BRIDGE OVER HEPC CANAL Alderman Cummings advised that the Portage Road bridge over the HEPC Canal was closed, and asked if any notification had been given to the City. Alderman Herrerr advised that the bridge was closed for repairs on a temporary basis. - 13 - PROPOSED REGIONAL HEADQUARTERS SITE Regional Councillor Smeaton advised that a report was adopted by the Regional Headquarters Site Committee, reconunending that a definite date be set be set for bringing this matter to the Regional Council. Councillor Smeaton indicated that it is getting closer to the time when a decision on the matter will be made, and that the City's proposed site is one of the sites under serious consideration. Councillor Smeaton felt the City had a very good chance of having its site chosen as the location for the new Regional Headquarters. It was moved by Alderman MacBain, seconded by Alderman Sobol, that the meeting adjourn. Carried Unanimously. ~~ ~A~N~ L TENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 March 12, 1979 Council met on Monday, March 12, 1979 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Fera. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, COLLINSON, CITY CLERK MaYOR WAYNE THOMSON Council Chambers March 12, 1979 Council met on Monday, March 12, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present at this time, with the exception of Alderman Fera who arrived during the course of the meeting. His Worship, Mayor Thomson presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that the minutes of the meeting held on February 26, 1979, be adopted as printed. Carried Unanimously. DEPUTATION 141{. J. CHEW - OLYMPIC MARATHON TRIAL Mr. J. Chew of the U.S. Olympic Trials Marathon Committee, was granted permission to address Council on the motion of Alderman MacBain, seconded by Alderman Merrett. Mr. Chew advised that in 1980 on May 24th, the United States Olympic marathon trial is to be held between Buffalo and Niagara Falls, Ontario. Due to the success of the Skylon Marathon race, the Committee was successful in obtaining the bid for the event over oth~ cities in the United States. Mr. Chew felt the event would be significant from a tourist standpoint, and advised that the American broadcasting network, N.B.C. would be sending a considerable number of camera crews not only for the event itself, but to take pre-airing tnfor~tional type films. It is also expected that there would be Japanese, German and British television corporations recording the event in its entirety. The race would begin in Buffalo, over the Peace Bridge to Fort Erie and along the Canadian side finishing at Niagara Falls. Mr. Chew asked for Couneil's support and endorsation of the event. Alderman Puttick stated that he had received a telephone call to the effect that it was doubtful the Niagara Parks Commission would give permission to close the Niagara River Parkway for the event because of the long weekend. Mr. Chew stated that the Committee was aware that the event would take place on the long weekend, and suggested that the Commission might not have a true understanding of what was involved in an Olympic trial marathon race. The actual time involved in closing the road would not be in excess of twenty-five minutes. Mr, Chew also indicated that should this problem be insurmountable~ the alternative would be to hold the race on the American side. His Worship, Mayor Thomson advised that the Niagara Parks Commission has not actually discussed the event as yet. The ~yor pointed out the obvious advantages of such an event to the City and the Region in general due to the extensive media coverage all over the world. The Mayor also explained that there was quite a difference between the Olympic trial and the Skyion Marathon -2- race which took quite some time to complete. The length of the race would be only a few hours in total, and would not involve closing of the Parkway for as long a period of time. Mayor Thomson felt that it would be overlooking the entire point by worrying about a few cars. There would be a considerable number of people drawn to the area because of the event, which would have obvious benefit to the tourist industry in the City. Mr. Chew advised that the race would start at 10:00 a.m. and would finish no later than 12:30 p.m. Because of the prevailing winds, it was anticipated that there would be world-record performances seen. His Worship, Mayor Thomson suggested that the members of the Committee speak to Alderman Puttick, who is the City's representative on the Niagara Farks Commission, to provide him with detailed information on the event prior to the Commission meeting. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Merrett, that a letter indicating Council's support of the 1980 Olympic Marathon Trial, be forwarded to the Niagara Parks Commission. Carried Unanimously. UNFINISHED BUSINESS TAKE-HOME CITY VEHICLES Report No. 169 - City Manager - The report includes the submissions of the members of staff who are allowed to have City vehicles at their houses for direct attention to their duties. Alderman Puttick agreed with one of the submissions, that a take-home City vehicle could be considered a benefit, particularly by those members of supervisory staff who do not receive overtime pay for work performed after regular working hours. The Alderman felt the report should be received and filed, and suggested that the employees involved be cautioned to use the vehicles only for the purpose intended. ORDERED on the motion of Alderman Puttick, seconded by Aldermaz~Cnmmtngs, that the report be received and filed. Carried Unanimously. COMMUNICATIONS No. 57 - Mrs. E. Schumacher -'Re: Brian Crescent. The communication asks that the name of Brian Crescent not be changed, and also that a review be made of the ut~mhering system which does not correspond with the City~s grid system. His Worship, Mayor Thomson indicated that the Planning Director is in agreement with Mrs. Schumacher's comments on the numbering system, and has suggested that the matter not be referred to the Street Name Committee. The Mayor suggested that the numbering problem be referred to staff for review. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the communication be referred to staff for a review of the numbering system. Carried Unanimously. No. 58 - International Joint Commission - Re: Public Hearing on Ice Boom. The communication advises that a public hearing will be held on March 13, 1979 to receive public comment on the operation of the Lake Erie Ice Boom. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 59 - Regional Municipality of Niagara - Re: Annual Housing Review, 1979. The communication provides information on the annual housing review, 1979 as requested by theMinistry of Housing. Alderman Puttick suggested that a copy of the communication be forwarded to Mx'. Crate and L. Smith a Associate8 who were involved in the market research study. The Planning Director indicated that he would ensure the consultants received a copy of the report. Alderman Cummings also suggested that a copy of the study be forwarded to the Social Planning Council for their use. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be received and filed. Carried Unanimously. No. 60 - Regional Municipality of Niagara - Re: Niagara Regional Transportation Review. ~le communication requests the co-operation and assistance of the local municipalities in carrying out a Transportation Review for the Niagara Region. Alderman Chessman asked if the work of the Railway Relocation Committee would be integrated with the Transportation Review. His Worship, Mayor -3- Thomson confirmed that this would be done. Alderman Chessman pointed out that the communication made reference to the amount of time being spent on the project by Regional staff, and suggested that the cost of staff time involved in the project should be considered in any recommendation to be made. The Planning Director advised that it was estimated that six man weeks of Planning staff time would be required, and he was not sure if there was any financial reimbursement to the City. Alderman Puttick referred to a study undertaken a number of years ago, in which one of the recommendations dealt with one-way traffic on Centre Street. The report was approved by Council and the one-way traffic was instituted, however after several weeks, Council directed that two-way traffic be reinstated. The Alderman felt that if the City was going to participate in such programs, Council should stand by its decision. The Director of Municipal Works briefly explained the transportation review would form part of the Region's Policy Plan. A study would be done for each of the four major municipalities with traffic zones being established. Input would be required from each of the municipalities, particularly from the Planning Department as to the type of development to take place in the traffic zones. The Planning Director felt the review would be of benefit to the City in that it would produce information and guidance on all future proposals. The Planning Director agreed with Alderman Puttick that Council should have strong regard to the recommendations in the report. Regional Councillor Mitchelson provided additional information with respect to the Transportation Review. ORDERED on the motion of Alderman Cheesmmn, seconded by Alderman Cummings, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 61 - Mr. P. Pasquet - Re: Land Division Committee, Region of Niagara. The report provides information on the operation of the Committee during 1978. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the information be accepted as submitted, and the communication received and filed. Carried Unanimously. No. 62 - Mr. D. Warner, M~P, Scarborough-Ellesmere - Re: Pits and Quarries Control Amendment Act, 1978. The communication requests support of legislation respecting abandoned pits and quarries. His Worship, Mayor Thomson suggested that this matter be investigated further, since even operational pits and quarries could pose some hazard to the public. The Mayor suggested that he would like to see further input after contact has been made with the Province on the matter. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the communication be referred to staff for comment.' Carried UnanimouSly. No. 63 - Federation of Canadian Municipaliti~ - Re: FCMMembership Fees 1979-80. The communication advises of the 1979-80 msmbarship fees in the amount of $2,453.40. Alderman Puttick asked what benefits the City enjoyed as a result of being a member of the Federation. The City Manager explained that the majority of municipalities in Canada are members and are able as a body to make representation to the Federal Government mainly, and present an annual brief to the Cabinet. The Federation prepares reports on various aspects of municipal government, such as grants, transportation, housing, urban renewal and finance. The City Manager also advised that efforts were being made to have the 1981 conference of the Federation in Niagara Falls. Alderman Puttick suggested that because of the newer members of Council, the matter should be referred to the Finance Committee. Alderman Cheesman agreed that there was a need to review the financial implications of decisions, but felt that this particular deciciSion went to the very root of identity as a municipality in the Province and the Country. The Alderman cautioned that if Council was going to have to go to Committee on whether the City would be a part of the Canadian municipality family and to share in its benefits, then he felt the Council was drifting into a dead ended isolation. Alderman Chessman felt that membership in the Federation was symbolic of the City's sense of obligation to the whole of Canada, and urged members of Council to approve renewal of the membership, Alderman Sobol stated that the Federation represents all Canadian municipalities, and that the:municipality had a great stake in what goes on in the Country. -4- -5- Regional Councillor Mitchelson advised that the Federation had a bearing on the recently announced Community Grants & Services Program which would provide funding to municipalities for housing and services in Ontario. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the membership fee be paid. Carried Unanimously. No. 64 - F. (Bert) Nero Realty Limited - Re: 150 Acres of Land West of Kalar Road and North and South of Thorold Stone Road - Cornwill Investments Limited. The communication requests Council to support an appeal of the Ontario Municipal Board decision on the Regional Urban Areas Boundaries as it affects the lands owned by Cornwill Investments Limited. His Worship, Mayor Thomson advised that the appeal period on the O.M.B. decision has expired, however he understood that Cornwill Investments has made an appeal to the Cabinet on the matter. Due to the extenuating circumstances, the Mayor felt it would only be fair to have the matter referred to the City Solicitor for a full report. The City Clerk explained that Mr. Nero would not be able to attend the meeting until later in the evening. The Planning Director pointed out that the reference in Mr. Noro's letter to zoning was incorrect, and that the statement should refer to lands designated in the Official Plan as residential, not zoned residential. ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that the communication be referred to the Legal Department for preparation of a report. Carried Unanimously. No. 65 - Regional Municipality of Niagara - Re: Five Year Capital Forecast. The communication advises that the Regional Finance Committee will be recommendi~, approval of the City's five year capital forecast, to the Regional Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Dilts, that the communication be received and filed. Carried Unanimously. No. 171 - City Manager - Re: Committee of Adjustment Application A-7/79, D. & V. Sunstrum, 4073 Longburst Avenue (Stamford Town & Country Florists). The report advises that this is the third extension granted on the subject property without any consideration for parking, and asks if Council wishes an appeal to be filed. ORDERED on the motion of Alderman MacBain, seconded by Alderman Sobol, that the report be received and filed. Carried Unanimously. No. 172 - City Fmnager - Re: Committee of Adjustment and Land Severance Application Procedures. The report provides information on the procedures presently used in dealing with pending applications which are being processed through Committee of Adjustment and Land Division Committee rather than through the Planning & Development Committee and Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 173 - City Manager - Re: Circus World, 4848 Clifton Hill. The report advises of an application received for a permit to erect a large wall sign on the face of the Circus World building, which is greater than the sign area permitted under the Sign By-law. Mr. N. Thompson of Jones Neon Displays was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman C,,mmings. Mr. Thompson presented a drawing showing the location of the sign as it would appear on the front of the museum building. Permission was being requested to put individual letters on the front of the building varying in height from 5'4" for the letters "C" "S" "W" and "D" to 4' for the balance of the letters. The sign would be internally illuminated. In response to a number of questions raised, Mr. Thompson explained that there is a railing above the facing of the building and the sign would be flush with the top of the railing. One of the reasons for the sign being larger than what is permitted under the by-law, is the fact the building runs on two planes. The sign would be visible in context with the building. REPORTS No. 170 - Planning & Development Committee - Re: AM-40/78, C. & A. DeGiorgio, West Side Stanley, South of McLeod Road. The report recommends approval of the application subject to deyelopment control and subsequent to the Conrail Channel. The report further recommends that a similar agreement be entered into for the building of the Hotel as for the previous application, and that Codncil certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. ,~ The Director of Municipal Works explained that this application differed from the previous application on McLeod Read in that temporary drainage of the property could be handled through the drainage system to the south, and then it could be connected once the Conrail Drainage Channel and storm sewers are constructed. The application on McLeod Road was tied directly into the Conra~l Drainage Channel. The Director of Municipal Works advised that it would be appropriate for the development to drain to the south through the existing drainage system if the applicant wanted to proceed with development quickly. The Deputy City Solicitor also advised that the by-law provided for entering into an agreement for the purposes outlined by the Director of Municipal Works. Building permits could be issued in the event such an agreement were entered into. In response to a question raised by Alderman Cheesman, }~yor Thomson advised that all of the parking requirements were being met within.the applicants boundaries. The Planning Director further advised that part of the lands on which parking was provided were Hydro lands, and this fact had been included in tile report for Council's information. In response to a question raised by Alderman Puttick, the Director of Municipal Works advised that there would be no cost to the City in tax dollars for the project. There would be extensions installed under the special charges by-law. ORDERED on the motion of Alderman Orr, seconded by Alderman Dilts, that the application be approved subject to Development Control and passage of an appropr~ resolution certifying that the application complies with Official Plan Amendment No. 28, and passsge of the zoning amendment by-law.' Carried Unanimously. Alderman Cummings expressed concern that the flashing lights could cause traffic congestion since it would attract the attention of drivers travelling along Clifton Hill. Mr. Thompson pointed out that each light flashes on its own on a totally random flash. This would not create the impression of a running light. The size of the bulb is an 11 watt sign bulb, very small in size and not a high power bulb. Following further comment, it was moved by Alderman Sobol, seconded by Alderman Dilts, that the application be approved, subject to an amendment to the Sign By-law. Carried Unanimously. No. 174 - City Manager - Re: Landscape Plan Approval, Proposed Pyramid Place Buchanan Avenue and Robinson Street. The report recommends approval of the subject landscape plan as submitted. ORDERED on the motion of Alderman Cummings, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously. No. 175 - City Manager - Re: Site Plan Approval - Frontier Ford Sales Ltd., Drummond Road at Cherrywood Avenue. The report recommends approval of the subject site plan as submitted. In response to a question raised by Alderman Chessman, Mayor Thomson advised that provision has been included in the site plan to improve the site distances at this intersection. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 176 - City Manager - Re: Snow Removal on City Sidewalks. The report refers to a request received from Mr. Tessone to reinstate snow removal on all City sidewalks. The report recommends that if Council is in favour of continuing the present policy, that Mr. Tessone be provided with an explanation of the City's present position, particularly with reference to the costs incurred for this service. Mr. Tessone was gr~nted permission to address Council on the motion of Alderman MacBain, seconded by Alderman Cummings. Mr. Tessone pointed out that it is dangerous for children to walk to school on the roadway, and asked how much the City was saving by not clearing amow from the sidewalks. The Maintenance No. 2L and Operations Engineer advised Chat the cost would be $50,000 since sidewalk See Resolution 79- See By-law No, . · .... 6 -6- in subdivisions is slower than other areas, plus there is the damage to lawns. Mr. Tassone felt even if the City had to spend $50,000, it was worth the expenditure to protect the lives of children. Alderman Puttick felt that the City should review its policy, not to necessarily reinstate all sidewalk snowploughing, but at least review the situation. Mr. J. Cullins advised that he felt the City did a good job clearing the streets, however as far as sidewalks were concerned, he had seen smaller municipalities in Alberta and Quebec doing a better job. Mr. Cullins pointed out that he clears private lots in the mornings, and it scares him when he is driving heavy equipment on the streets with children walking on the road. Such heavy equipment is unable to stop quickly, and it would be impossible for a young child to climb a snow bank to get out of the way should a plough be unable to stop. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Dilts, that the report be received and filed. The motion Carried with Alderman Puttick voting contrary, and all others voting in favour. No. 177 - City Clerk - Re: AM-33/77, Objection to Zoning Amendment By-law No. 79-34, J. & A. Karklins. The report advises that an objection has been received following circulation of the subject by-law. Alderman Cheesman commented that the objection does not appear to be a normal letter of objection, since the objection seemed to be founded on the fact the individuals were not notified. The Planning Director advised that public meetings were held with respect to the Secondary Plan, at which time the Karklins proposal was discussed. Alderman Chessman suggested that staff invite the individuals in to discuss the proposal and determine if the objection could be withdrawn. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that an attempt be made to satisfy the objection, and if the objection cannot be withdrawn, that it be forwarded to the Ontario Municipal Boa~. Carried Unanimously. NOTE: Alderman Fera arrived at the meeting. No. 178 - City Manager - Re: Agreement between B.E.N. Developments Limited and the City amending Subdivision Agreement for the Bambi Estates Plan of Subdivisi~ The report recommends passage of a by-law to permit the issuance of building permits on all lots in the subdivision excepting Lots 75-78 inclusive prior to , the construction of an acoustic barrier on the easterly limit of the subdivision, and that no acoustic barriers be required along the northerly and southerly boundaries of the plan of subdivision. In response to a question raised by Alderman Chessman, the Deputy City Solicitor advised that the Ministry of the Environment wished to assure the berm is constructed, and their way to insist is to withhold building permits on the four lots. It was further advised that one berm is presently under construction and almost completed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously. See By-law No. 79-~~: No. 179 - City Manager - Re: Methane Gas at Houck Park. The report recommends acceptance of an estimate of Hydrology Consultants Ltd. for installing five probes along the east side of Houck Park and sampling the existing.system. Nayor Thomson indicated that Mr. Pingue had provided his own consultant who carried out an investigation when ~le ground was frozen. The Mayor stated it was his understanding such work must be done when the ground is frozen and pointed out that the ground would be thawing now. The Mayor also asked if any contact was made with Mr. Pingue to determine the cost of his survey and whether the City could participate with Mr. Pingue~s consultant rather than carry out its own survey. The Maintenance & Operations Engineer advised that the investigation done for Mr. Pingue was made within the apartment building. What the City must determine is if the existin8 system was functioning effectively and at the same time determine whether there is enough methane along the west side of Noack Park that some work should be done there. It was hoped that the existing system would suffice, and if not, the presence of methane gas in the park could develop into a dangerous situation. -7- Alderman Puttick indicated that he had been against the initial probing that was done several years ago and at that time had suggested that the advice of a local engineer be taken, that would involve the use of ditches to handle the gas problem. The Alderman was critical of the fact the venting done earlier was not solving the problem and the City was going to probe again. Alderman Puttick felt the matter was a bottomless pit and the consultants would never solve the problem. The Maintenance & Operations Engineer advised that there was a proposal to dog ditches and fill them with stone. The consultant advised against this scheme because it was necessary to exhaust the methane gas within the area. The venting system was suggested as a solution for the eastern side, and it may prove that this system can draw the methane from the entire area, however there is no guarantee. The consultant had also suggested that the system be monitored after several years in order to determine whether the system was functioning as such, otherwise it would be a question of putting a similar simple system on the west side or a fan house on the east side and then using the existing vents for the entire system. In response to a question raised by Mayor Thomson, the Director of Municipal Works commented that the consultant did not feel money should be spent on the system on a large scale. With the use of fans, the work could be done in three phases. The first phase would involve vents on the east limit of the park. The second phase would involve vents on the west side if necessary, and the third phase would be fans. The Director of Municipal Works further advised that the vents on the east side went down to a depth of 50' to draw the methane gas out, and that was the reason for not using the trench suggestion. The Maintenance & Operations Engineer also advised that the ground is frozen adequately at this time to allow the work to be carried out, and that the consultant was prepared to move quickly. Following further comment, it was moved by Alderman MacBain, seconded by Alderman Dilts, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Dilts, Fera, Hinsperger, MacBain, Merrett, Orr and Wallman. NAYE: Aldermen Puttick and Schisler. See Resolution No. 23 See By-law No. 79-43 NOTE: Alderman Sobol was absent when the vote was taken on this matter. No. 180 - City Manager - Re: West Meadows Subdivision, File 26T-74083. The report recommends that Council approve the extension of draft plan approval on the subject subdivision for a period of one year to May 20, 1980, and advise the Ministry of Housing Subdivisions Branch accordingly. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 181 - City Manager - Re: Rental of Equipment for the Landfill Site. The report recommends that the tender by Nisus Equipment at $18.30 per hour for a front-end loader and $16.40 per hour for a bulldozer be accepted, provided that satisfactory evidence complying with City requirements supplied when said units are delivered to the Site. In response to several questions raised by Alderman Schisler, the Maintenance and Operations Engineer advised that the Equipment Superintent has inspected the equipment, however it cannot be weighed because it has been taken apart. The equipment will be weighed when it is put together again to ensure it satisfies the weight requirements. It was further advised that the equipment will not be accepted unless it satisfies the City~s specifications and the contractor is aware of this fact. If the equipment does not meet specifications, the contractor will have to produce equipment which does satisfy the City's requirements. A performance bond has also been included in the contract documents, as well as provision for reimbursement to the City of extra cost in renting other equipment in the event the contractor cannot supply satisfactory substitute equipment in the case of a breakdown. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See Resolution No. 24 See B~-law No. 79-44 No. 182 - City Manager - Re: Contract D.C. 01-79, Conrail Drainage Channel Construction. The report recommends acceptance .acceptance of the unit prices -8- submitted by Damore Bros. Limited on the following basis: 1) Under item 2 of the contract, the contractor would dispose of the topsoil and organic material at the Falls Industrial Park Extension as specified in the contract; and 2) Under Item 6 of the contract, the excavated material will be disposed of at the Falls Industrial Park Extension Subdivision. His Worship, Mayor Thomson indicated that the City will receive M.T.C. subsidy for this contract, and the $153,000 required for the Shriner's Creek project can now be taken from the Expansion & Renewal Fund rather than from the operating budget at no expense to the taxpayers. Alderman Schisler asked at what location would the contractor have dispose~ of excavated material if the City had not instructed it be taken to the Industr~ Park Extension. The Director of Municipal Works indicated that the location weul be at the choice of the contractor, and that the material could be sold if that was the choice of the contractor. In response to further questions raised, the Director of Municipal Works explained that the excavated material will be monitored on the basis of excavation. The $30,000 expenditure to be placed in the parks budget for fill material would replace the amount normally included in the budget for fill requirements throughout the City. It was felt this arrangement would be good for the City in the long run. The Mayor also indicat~ that this expenditure would eliminate the normal budget request for fill materi~ during the next few years. ORDERED on the motion of Alderman Sobol, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 2! See By-law No. 79-45 No. 182 - City Manager - Re: Street Lighting on Stanley Avenue, Ferry Street to Portage Road. The report recommends that expenditures concerning street lighti~ on Stanley Avenue be referred to the 1979 budget discussions, and requests that Council ratify authorization to Niagara Falls Hydro for the relocation of four existing poles to allow construction to continue. ORDERED on the motion of Alderman C~m~nings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. __ No. 183 - City Manager - Re: Water Rates. The report recommends passage of a by-law to increase water rates by 5% effective June 1/79, and to increase the charges for installation of ~/4" water services to $400 from $350 and to $450 from $400 for rock and frost excavations. ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-law No. 79-4~ .! NOTE: Alderman Chessman was absent when the vote was taken on this matter. No. 184 - City Manager - Re: 1979 Water Supply System Operating Budget. The report recommends adoption of the 1979 operating budget for the water supply system of the City. ORDERED on the motion of Alderman MacBain, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. NOTE: Alderman Cheesman was absent when the vote was taken on this matter. No. 185 - City Manager - Re: Encroachment at 4593 Queen Street. The report recommends approval of the encroachment and passage of the necessary by-law. ORDERED on the motion of Alderman 8obol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 79-~ No. 186 - City Manager - Re: School Board Re-Subdivision of Lands.' The report recommends adoption of five recommendations concerning the application of the City'8 existing Declaration of Policy on Subdivision Development when subdivistel! are created on blocks of land formerly under the ownership of various School Boards. ORDERED on the motion of Alderman Puttick, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 187 - City Clerk - Re: Report of the General Committee. The report recommends ratification of the following action taken by Council in General Coumittee: 1) That a report on the feasibility of charging organizations a fee for the use of municipal athletic fields be received and filed; 2) That Council endorse ~he request of Niagara Falls Hydro that Metearb Inc. be provided electrical power as a direct customer of Ontario Hydro; 3) That the date of the first Niagara Falls Flyers home play-off game be designated "Niagara Falls Night at the Niagara Falls Memorial Arena". ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett~ that the report be received and adopted. Carried Unanimously. No. 188 - City Manager - Re: Building Permits. The report provides a breakdown of permits issued by the Building & Development Department for the month of February 1979 as compared to 1978. Alderman Merrett asked that in future, the building permit report include a list of major commercial permits that are issued. The City Manager provided the members of Council with a summary of the major permits issued during February, and indicated that this list would be provided with the report in future. ORDERED on the motion of Alderman Cummings, seconded by Alderman Wallman, that the report be received and filed. Carried Unanimously. No. 189 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 22 - ORR - DILTS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-41 for the rezoning of lands situated on the west side of Stanley Avenue, south of McLeod Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 23 - MACBAIN - DILTS - RESOLVED that the estimate submitted by Hydrology Consultants Ltd. in the amount of $2,300 as the upper limit, for installing five probes along the east side of Houck Park and sampling the existing system, be accepted; AND the Seal of the Corporation be hereto affixed. Carried with Aldermen Puttick and Schisler voting contrary, and all others voting in favour. No. 24 - MERRETT - DILTS - RESOLVED that the tender submitted by Nisus Equipment for the rental of equipment at the Landfill Site, be accepted at the tendered price of $18.30 per hour for a front-end loader and $16.40 per hour for a bulldozer, subject to satisfactory evidence ~he equipment complies with City requirements upon delivery of the units to the Site; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 25 - SOBOL - ORR - RESOLVED that the unit prices submitted by Damore Bros. Limited for the construction of the Conrail Drainage Channel, be accepted at the tendered price of $1,792,219.15; AND the Seal of the Corporation be hereto affixed· Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-!aws be read a first time: No. 79-41 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-40/78, G. & A. DeGiorgio) No. 79-42 - A By-law to authorize the execution of an amending agreement with B.E.N. Developments Limited. (Bambi Estates Subdivision) · 79-43 - A By-law to authorize the acceptance of a proposal of Hydrology Consultants Limited to investigate the effectiveness of the gas control system at Houck Park. ..... 10 - 10 - No. 79-44- No. 79-45- No. 79-46- No. 79-47- A By-law to authorize an agreement with Nisus Construction Limited for the supply of equipment for the Ctty's Sanitary Landfill Site. A By-law to authorize the execution of an agreement with Damore Bros. Limited for the construction of the Conrail Drainage Channel. A By-law to allow the maintaining and using of a building which encroaches on Queen Street. A By-law to amend By-law No. 75-20 as amended, to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. No. 79-48 - A By-law to provide monies for general purposes. Carried with Aldermet Puttick and Schisler voting contrary on By-law 79-43, and al~ others voting in fay ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that the following by-laws be now read a second and third time: No. 79-41 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the Township of Stamford, now in the City of Niagara Palls, as amended. (AM-40/78, G. & A. DeGiorgio) No. 79.42 - A By-law to authorize the execution of an amending agreement with B.E.N. Developments Limited. (Bambi Estates Subdivision) No. 79-43 - No. 79-44 - A By-law to authorize the acceptance of a proposal of Hydrology Consultants Limited to investigate the effectiveness of the gas control system at Houck Park. A By-law to authorize an agreement with Nisus Construction Limited for the supply of equipment for the City's Sanitary Landfill Site. No. 79-45 - A By-law to authorize the execution of an agreement with Damore Br0s. Limited for the construction of the Conrail Drainage Channel. No. 79-46 - A By-law to amend By-law No. 75-20 as amended, to regulate the suppl~ of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. No. 79-48 - A By-law to provide monies for general purposes. NEW BUSINESS Carried with Alderm~ Puttick and Schisler voting contrary on By-law 79-43, and all others voting in fav~ MAIN & FERRY BUSINESS AREA Alderman Merrett advised that he had received a petition from the MAin and Ferry Business Association requesting that signs be erected on Lundyts Lane and on Ferry, and also that new parking development be investigated. The signing request had been brought to the attention of Council in the Fall, however it appeared the matter had bogged down at the Region. Ymyor Thomson advised that he had checked into the delay at the Region, and that the matter would be considered at theMArch 22nd meeting of Regional Council. Alderman Merrett indicated that with respect to the parking request, representatives of the Municipal Parking Coumittee and the Transit Commission had met and would be considering reducing the size of a number of bus stops on Main Street. This. reduction could result in the possibility of an additional twenty new parking spaces. The Alderman further indicated that the matter would be reported to Council follo~ing the next Parking Committee meeting. ..... 11 : I I - 11 - BOYS CLUB SWIM-A-~tON Alderman Merrett advised that the Boys Club would be holding a swim-a-thon on March 30th, and requested the Mayor to try and set up a team of members of Council and staff to represent the City. DRAINAGE PROBLEM - GARNER ROAD Alderman Cummings referred to the drainage problem he had inquired into at the previous meeting of Council, and asked if any contact had been made with the individual involved. The Director of Municipal Works advised that a report would be prepared on the matter in two weeks. The Maintenance & Operations Engineer also advised that an investigation had been carried out of the complaint, and pointed out that the problem involved water draining across private lands. The Design & Construction Engineer confirmed that Mr. Carter was contacted on the matter. PAYMENT OF ARENA EXPENSES BY CHEQUE Alderman Cummings referred to the recent change in procedure at the Niagara Falls Arena where all payments for expenses were being made by cheque, and asked if this procedure would be extended to all City arenas. The City Treasurer confirmed that this will become the procedure at all arenas. PROPERTIES ON ROBERTS STREET Alderman Sobol referred to various complaints on a property on Roberts Street, and the efforts being made to have the problem cleared up. The Alderman advised that while driving along Roberts Streets several days previously, she had been appalled by the condition of a number of properties, particularly now that the snow has melted. Many of the properties have dead trees and branches strewn across the yards, and the Alderman asked if some action could be taken to have the area cleaned up. It was moved by Alderman Sobol, seconded by Alderman Chessman, that the matter be referred to staff for the preparation of a report. Carried Unanimously. TAX BILLS Alderman Fera advised that he had received a number of calls from persons who had recently received a tax bill, and were not sure what percentage of their total tax bill they would be paying. The Alderman also asked if it would be possible to mail the bills once, instead of twice, and show on the bill the dates when the payments are due. The City Treasurer advised that the recent bill was an interim tax bill based on 50% of the previous year's rate. It would not be possible to list all insraiment dates or the complete balance of the tax bill until the budget is struck and the mill rate established. In response to further questions raised by Alderman Fera, the City Treasurer advised that all budgets must be passed, not only th%.City's but the Region's and the School Boards, and the City must have a revised assessment roll before a final tax bill can be mailed out. Prior to 1970, one bill was prepared before the first of'April, however when the Province assumed responsibility for assessment, the billing took place later in the year. With respect to showing on the interim bill the percentage of the previous year's taxes, the City Treasurer felt it might be confusing to some taxpayers because the bill was actually for the current yearts taxes. The City Manager also indicated that he had met recently with the Assessment Commissioner and had again asked if it was not possible to have the Assessment Review Court start in November or December. The Assessment Department is now revising all assessments, and it is frustrating for municipalities to try to get the Department to use a more effective system. The City Manager advised that in New Brunswick, budgets were completed in November and approved in December for the following year's taxes, and he saw no reason why this same procedure could not be followed in Ontario. REGIONAL URBAN AREAS BOUNDARIES AND REQUEST OF CORNWILL INVESTMENTS His Worship, Mayor Thomson explained to Mr. Nero who was representing Cornwill Investments, that Council had referred the request for support of an appeal on the O.M.B. decision on the urban boundaries, to the Legal Department for a full report. Mr. Nero indicated that this would not be acceptable since the appeal period would expire in several days. The Deputy City Solicitor stated that the date for appeal had passed,,and~since Mr. Lebovic had mde - 12 - a petition to the Cabinet, it was up to Council whether there should be a reply to Mr. Lebovic's petition. The Deputy City Solicitor further stated that the City should be served with a copy of the petition so that the City can reply to the petition. That information would be conveyed to the Cabinet and it would be considered along with the petition. Alderman Fera felt Council had a moral obligation to support Cornwill Investments, since the firm had made a contribution toward the Shriner's Creek project, and would now be unable to develop its lands because they have not been included in the urban boundaries. The Alderman also pointed out that the City would be expropriating Mr. Lebovic's lands, and if Mr. Lebovic were to fight the City's action, there could be long delays involved. Alderman Puttick felt that the Cabinet would not move that quickly, that there would not be time for staff to prepare a report on the matter. The Alderm agreed there might be some moral obligation, but pointed out that he would not want to make any decision without the benefit of additional background material from staff. His Worship, Mayor Thomson suggested that since the appeal period had expired, the matter could be referred to staff for a report as soon as possible, and to allow Cornwill Investments the opportunity to make a full presentation to Council at that time. It was moved by Alderman Fera, seconded by Alderman Dilts, that the matter be referred to staff for the preparation of a report. Carried Unanimously. It was moved by Alderman MacBain, seconded by Alderman Dills, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ AND ADOPTED, · . , tin cLE " · MAYOR WAYNE THOMSON Committee Room #1 ?'March 12, 1979 Council met in Committee of the Whole on Monday, March 12, 1979 following a regular meeting of Council. All members of Council were present. His Worshipl Mayor Thomson presided as Chairman. Following consideration of the arose without reporting. , the Committee of the Whole RUD ADOPTED, Ziiis&Ni aI 'cLE Council Chambers March 12, 1979 Council reconvened in formal session on Monday, March 12, 1979, following a meeting in Committee of theW~X~AA'al,~embers of Council were present. His Worship, Mayor Thomson preside' The meeting adjourned. P~ADANDADOPTED, ~/~e~~ ~ ~ I' ~, · J.h. COLLINSON, CI~ CLE~ m NAYOR WAYNE THOMSON ELEVENTH [~LEETING COMMITTEE OF THE WHOLE Committee Room #1 March 26, 1979 Council met on Monday, March 26, 1979 at 6:30 p.m. in Conmittee of the Whole. All members of Council were present with the exception of Alderman Hinsperger. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Ifnole arose without reporting. P~_AD AND ADOPTED, ~LLI~S~NZ ~I*'C~E~ MAYOR WAYNE THOMSON Council Chambers March 26, 1979 Council met on Monday, March 26, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present, with the exception of Alderman Hinsperger. His Worship, ~yor Thomson presided as Chairman. Alderman Puttick suggested that Council resolve to do the best Job it can for the Municipality. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the minutes of the meeting of March 12, 1979, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS CORNWILL INVESTMENTS LIMITED AND THE REGIONAL URBAN AREA BOUNDARIES Report No. 190 - City Solicitor - The report advises: 1) That the City has been served with a ~it of summons in an action commenced at the Supreme Court of Ontario by Cornwill against the City and the N.P.C.A. for an interlocutory injunction and a permanent injunction restraining the City and the N.P.C.A. from expropriating lands in Township Lots 69,.36, 99 and 104 of the former Township of Stamford. All or part of these lands will be required for the improvements proposed in the Shriner's Creek Project; 2) That a request has been received from Cornwill for a refund of monies previously deposited with the City in connection with the Shriner's Creek Project; and 3) The relief requested in the petition to the Cabinet by Cornwill, is consistent with the position taken by the previous Council and submissions made on behalf of the City at the O.M.B. hearing. It also appears from statements in the petition that Cornwill is now prepared to make some concessions with respect to buffering. Council's instructions on whether a submission should be made by the City to the Cabinet in support of Cornwill's petition was requested. Communication No. 66 - Miss J. Grandoni - Outlining opposition to Council supporting the appeal of Cornwill Investments for an extension of the urban boundary to include property west of Kalar Road and north and south of Thorold Stone Road. Alderman Puttick suggested that in view of the injunction being sought by Cornwill Investments, the City should not support the petition to the Cabinet. Alderman Fera asked if Cornwill would withdraw the injunction if the City were to support the petition to the Cabinet. Mr. Nero, representing Cornwill Investments, indicated that he did not have authority to answer that question on behalf of Cornwill Investments. In view of the importance of the Shriner's Creek Project, Alderman Fera suggested that the matter be tabled until the question can be answered. -2- In response to a question raised by Alderman Puttick, the City Solicitor indicated that it would be in order for Council to defer action pending additional information. It was moved by Alderman Fern, seconded by Alderman Merrett, that the report be tabled for two weeks. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Dilts, Fera, MacBain, Merrett, Orr and Puttick. NAYE: Aldermen Schisler, Sobol and Wallman. SHRINER'S CREEK PROJECT AND CORNWILL INVESTMENTS LIMITED Report No. 191 - City Manager - The report reconmends that the $39,159.36 standing to the credit of Cormwill Investments Limited for the Shriner's Creek Project, be refunded to that company. ORDERED on the motion of Alderman MacBain, seconded by Alderman Fera, that the report be tabled for two weeks. Carried Unanimously. DRAFT ZONING BY-LAW Report No. 192 - City Solicitor - The report provides an update on the status of the draft zoning by-law and recommends that a Joint meeting of Council and the Planning & Development Committee be held on or after May 15th for the purpose of considering and discussing the revised by-law. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. COP~4UNICATIONS No. 67 - Township of Wainfleet - Re: Welland River. The c~mmuntcation extends an invitation to attend a meeting to review and discuss levels of the Welland River on April 10, 1979. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fern, that representatives of Council as well as staff attend the proposed meeting. Carried Unanimously. No. 68 - Downtown Board of Management - Re: Sign on Victoria Avenue South of Palmar Avenue. The communication requests that an overhead sign be erected on Victoria Avenue south of Hunter Street designating a direct route to the Downtown and an alternate route. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the request be endorsed and referred to the Regional Municipality of Niagara. Carried Unanimously. No. 69 - Mr. and Mrs. R. Locis - Re: Sand and Salt on City Roads. The communication outlines difficulties experienced as a result of the sand and salt placed on roadways during winter control operations. AND N0.70 - Mrs. J. Anonychuk - Re: Sand and Salt on City Roads. The communication outlines difficulties experienced as a result of the sand and salt plac~d on roadways during winter control operations. --0' His Worship, Mayor Thomson indicated that he understood a report is being prepared for staff on this matter for submission at a future meeting o~ Council. In response to a question raised by Alderman Puttick, the Maintenance and Operations Engineer indicated that City crews are presently sweeping the streets and the accumulated material is being stored at the Service Centre to be used on road shoulders and other suitable locations during the year. Sidewalks are being swept only in the business areas. ORDERED on the motion of Alderman Fera, seconded by Alderman Herrerr, that the communications be received and filed. Carried Unanimously. No. 71 - Niagara Resort & Tourist Association - Re: Directional Signing. The communication requests the installation of directional signs at the intersectloP of Portage and McLeod Roads and the intersection of Stanley and McLeod, and atall exits from Harineland parking facilities. ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that the request be endorsed and referred to the Regional Municipality of Niagara. Carried Unanimously. No. 72 - Welland County Roman Catholic Separate School Board - Re: Surplus Lands. The communication advises of various surplus Board lands, and asks that the - 3- City indicate whether or not it is interested in purchasing any of the surplus lands. ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that the communication be referred to staff for the preparation of a report. The motion Carried with Alderman Fera abstaining on a conflict of interest, and all others voting in favour. No. 73 - Mr. A.F. Sheppard - Re: Corfield Road. The communication requests that Council consider the contribution of lands by Marineland to the City of a portion of its northerly property to permit the relocation of Corfield Road, thus providing a better link between Portage Road and Stanley Avenue in conjunction with the development of McLeod Road and Stanley Avenue. ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 74 - Alderman N.J. Puttick - Re: Appointment to N.R.T.A. The communication advises that Alderman Puttick is unable to continue as the Council appointee to the N.R.T.A. due to employment commitments, and requests that a replacement aldermmnic appointee be designated. Alderman Puttick advised that he had spoken to Alderman Hinsperger on the matter, and they had mutually agreed to switch their appointments so that Alderman Hinsperger would serve on the N.R.T.A. and he would serve on the Niagara Promotion Association. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the appointment by-law be adjusted accordingly. Carried UnanimousiX. No. 75 - Ministry of Housing - Re: Workshops on Various Ministry Programs. The communication advises that the Ministry has organized a series of workshops to provide municipalities with an opportunity to discuss various programs with appropriate officials. Alderman Cummings requested that a copy of the material be forwarded to the Social Planning Council. The Planning Director advised that the workshop for the Niagara area will be held the next morning, and there would not be sufficient time to notify the Social Planning Council. It was further advised that the Planning Director would be meeting with a committee of the S.P.C. in several days, and he would brief the members of that committee on the proceedings of the Ministry workshop. His Worship, Mayor Thomson indicated that one of the workshops would deal with the new Main Street Program, and suggested that this matter be investigated. The Planning Director stated that this program dealt only with municipalities having populations of 30,000 and under. Alderman Sobol stated that she would like to see a report on the outcome of the workshop for information purposes. ORDERED on the motion of Alderman Cummings, s~aonded by Alderman Chessman, that interested members of Council and staff attend the workshop. Carried Unanimously. No. 76 - Lincoln and Welland Regiment - Re: Freedom of the City. The communication thanks the Mayor and Council for the honour extended to the Regiment in offering the Freedom of the City to the Regiment. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the communication be referred to the Cityts 75th Anniversary Committee. Carried Unanimously, REPORTS No. 193 - City Manager - Re: Consent Items. The report requests approval of the format of the "Consent Itemat' report. 1) Regional Municipality of Niagara - Re: Report DEP-1118, Comparison of Water Production and Sewage Flows. Recommendation - Receive and file. 2) Ministry of Transportation & Communications - Re: Program for Support for Transportation of the Physically Disabled. Recommendation - That a letter of appreciation be forwarded to the Ministry for its support of the Program. 3) Crystal Beach Community Association - Re: Requesting the entry of the City~s float in the Crystal Beach Alpsfeet Parade. Recommendation - The request has been included in the tentative 1979 schedule for the Float and a report requesting Council'e approval of the 1979 schedule will be submitted following determination of current budget estimates. -4- 4) Chippaws Lions Club - Requesting permission to have a Beer Tent on the July 1st weekend at the Lions Park. Recommendation - That the request be granted providing the appropriate approvals are obtained from the Fire Department, Police Department and L.L.B.O. 5) General Grand Chapter, Order of the Eastern Star - Soliciting the Ctty's participation in a souvenir progr~mme- Recommendation - That a one-half page advertsement be approved and that staff prepare and submit for consideration a policy dealing with the , matter of participating in souvenir programmes for conferences and conventions. 6) Association of Municipalities of Ontario - Announcing a seminar on political technical trade offs in municipal water and waste management, in Toronto on April 27th and 28th, 1979. Recommendation - That any member of Council interested in attending the seminar notify the Director of Municipal Works as soon as possible. 7) Kidney Foundation of Canada - Falls Chapter - Requesting permission to hold a door-to-door canvas from May 26 - June 2nd, and a flag raising ceremony and flying of the Foundation flag during June, "Organ Donor Month". Recommendation - That permission be granted. 8) Chippaws Co-operative Nursery School - Requesting permission to use Cummingt0n Square on May 26, 1979 or June 2, 1979 alternatively in case of rain. Recommendation - That approval be granted, providing proof of sufficient liability coverage is submitted by the organization and that the Municipality be named as an additional insured on the policy. 9) Chippaws Watershed Association - Monthly Bulletin - Notice of Meeting. Recommendation - That the information be noted and the bulletin received and filed. 10) Niagara Promotion Association - Inviting Mayor Thomson to be Honorary Chairman of the Blossom Festival Parade, and designating the period from April 28th -May 27th, 1979 as "The Blossom Festival". Recommendation - That the requests be approved. Alderman C,mmings requested that a copy of the communication from the Ministry of Transportation & Communications regarding support for transportation of the physically disabled, be forwarded to the Social Planning Council. ORDERED on the motio~ of AldermanMacBain, seconded by Alderman Cummings, that the report be received and adopted, and the format approved for future reports. Carried Unanimously. No. 194 - City Manager - Re: 1978 Annual Report - N~agara Falls Fire Department. The report provides information on the activities of khe Fire Department during 1978. ORDERED on the motion of Alderman Fore, seconded by Alderman MacBain, that the report be received and filed. Carried Unanimously. No. 195 - City Manager - Re: Procedures for the Review and Processing of Regional Policy (Official) Plan Amendments. The report recommends that the Region be informed that Council approves the proposed procedures conditional upon the detail of the procedures (as outlined in the report) being clarified; and that Regional Planning staff consider a meeting of local representatives of municipality planning staffs in order to review and clarify the procedures. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report bereceived and adopted. Carried Unanimously. No. 196 - City Manager - Re: Parkland Requirements for the Munro and Lundy's Neighbourhood Westlane Community. The City Clerk requested that the report be withdrawn in order to permit additional consideration by Planning Department staff and the Recreation Commission. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be withdrawn. Carried Unanimously. No. 197 - City Manager - Re: Fire Department Uniform Tender. The report recommends acceptance of various bids for the supply of Fire Department uniforms. ORDERED on the motion of Alderman Fete, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. No. 198 - City Manager - Re: Tenders for Materisis 1979. The report recommends acceptance of various bids for the supply of various materials required during 1979-80. -5- In response to a question raised by Alderman Cheesman, the Director of Municipal Works advised that granular material is used on various roadways throughout the Municipality, as well as any other use required during the year. ~ny roadways in the rural area call for granular material, and such material is used during road construction and repair. Alderman Sobol asked if there were any paint the City could purchase for traffic line striping that would last longer, since the existing paint wears off rather quickly. The Director of Municipal Works stated that on occasion the City has purchased material which will last longer, however this is not a paint, but a material itself for experimentation. The paint however is used in accordance with M.T.C. specifications. In response to a question raised by Alderman Puttick, the Director of Municipal Works explained that the price per gallon included labour and material. The paint can also be purchased on a gallonage basis, and this will be included in a separate tender. The Purchasing Agent advised that the cost of the paint was $5.50 per gallon purchased. Alderman Puttick asked if the City had a machine that could apply the striping. The Purchasing Agent advised that there are two machines, however both are quite old. The Region handles traffic line striping for the main roads. The Director of Municipal Works advised that the City's tender was used mainly for stop bars and parking wells. The Region's equipment is used to do the centre-line striping. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously- See Resolution No. 27 No. 199 - City Manager - Re: Ontario Home Renewal Program. The report recommends passage of a resolution authorizing an application for maximum funding of $232,380.58 towards the City's extended participation in the Program. In response to a question raised by Alderman Cheesman, the City Treasurer advised that the rates and terms of the loans are geared to income. The interest rates would range from 0% to 8%, and terms from six months to twenty years. There are forgivable portions on the loans. The Director of Municipal Works further stated that this is an extension of the existing program and the funds will clear up the present applications on file. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. See Resolution No. 28 No. 200 - City Manager - Re: Spring Rubbish Collection. The report recommends that the Spring Rubbish Campaign be organized according to previous instructions of Council, to commence on April 23rd, 1979 and the campaign limited to one collection on each route. The report further recommends that the date and procedures be advertised in the local newspaper and on CJRN. Alderman Schisler pointed out that there are residents in the southern :'area of the City who are unable to have the Niagara Falls Review delivered to their homes, and asked if some other type of notice to those residents could be arranged. Alderman Sobol suggested the use of a flyer to notify those residents. The Maintenance & Operations Engineer also stated that notice would be announced on the local radio station as well. His Worship, Mayor Thomson stated that the campaign seems to be held quite early in the year, and pointed out that the weather does not always make it possible for residents to clear their yards of rubbish and brush. The Mayor suggested that perhaps the campaign could be held later to make sure all residents have ample opportunity to get out in their yards. The Maintenance & Operations Engineer stated that many residents start placing brush and rubbish at the roadside over the Easter weekend, and if the campaign were held later in April or in early May, the material ends up being spread around the streets. Several calls have been received already, and the Maintenance & Operations Engineer stated it was a compromise between having the campaign the second or third week in May rather than now. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted, and further that some form of notice be arranged for those residents in the south portion of the City who are not able to have the local newspaper delivered. Carried Unanimously. No. 201 - City Manager - Re: Contract with Canadian Corps of Commissionaires. The report recon~nends passage of a by-law to authorize an agreement with the -6- Canadian Corps of Conmissionaires respecting wages and car allowances. Alderman Cummings asked if this matter should have some input from the Finance Committee- Mayor Thomson indicated that the cost is completely subsidized through the Parking Fund, and further that the Parking Committee had reviewed the contract in detail. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Sohol, that the report be received and adopted. Carried Unanimously. See By-law No. 79-49 No. 202 - City Manager - Re: Application for Refreshment Vehicle Licence. The City Clerk advised that the application for the Refreshment Vehicle Licence had been withdrawn by the applicant. ORDERED on the motion of Alderman MacBain, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 203 - City Manager - Re: Ascot Woods Ext. 1 Subdivision. The report recommends approval of a request for an extension of the draft plan approval of the subject subdivision for a period of one year to May 7, 1980. ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 204 - City Manager - Re: Proposed Bruce Crescent Plan of Subdivision. The report recommends preliminary approval of the proposed plan subject to six conditions, and that Council certify by resolution that the proposal conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing. Alderman C, mmtngs asked if the decision to accept cash in lieu of park lands had been reviewed by the Recreation Commission. The Planning Director advised that input is always received from the Recreation Commission automaticalZ on such matters. ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously.~' See Resolution No. 29 No. 205 - City Manager - Re: Subdivisions Backing Onto Existing Road Allowances. The report recommends. approval of several changes to the Declaration of Policy for Development of Subdivisions to reflect the use of municipal facilities on existing roadways which abut proposed subdivision developments when the City or Region insists that lots "back" onto the existing roadway. The Director of Municipal Works briefly explained the proposed changes and advised that the intent of the policy was to have every lot in a subdivision pay for any services in the immediate or distant future on roads that front or flank a subdivision. ORDERED on the motion of Alderman Sobol, seconded by Alderman C,,~mings, that the report be received and adopted. Carried Unanimously. No. 206 - City Manager - Re: Energy Conservation. The report outlines the program- that have been undertaken by the City regarding energy conservation in its operations. ORDERED on the motion of Alderman Fera, seconded by Alderma~ Herrerr, that the report be received and filed. Carried Unanimously. No. 207 -C~ty Manager - Re: Watermain on Murray Hill - Amended Report. The report recommends: 1) That the unit prices submitted by the lower tendeter, Provincial Construction (Niagara) Ltd. for this work be accepted by Council and the Niagara Parks Commission advised accordingly; 2) That the difference between the actual expenditure on this watermain construction project and the amount of $30,000 approved by the Ontario Municipal Board be charged to water supply system account #32203 (contribution to Capital Budget projects); 3) that a copy of the report be forwarded to the Niagara Parks Commission; and 4) That the City agree to indemnify the Niagara Parks Commission against all claims for damages and costs which the Commission may become liabile for by reason of anything whatsoever arising out of that portion of the contract !reciting to the work being done for the City. ORDERED on the marion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. The motion Carried with Alderman MacBain abstaining on a conflict of interest, and all others voting in fayour. No. 208 - City Manager - Re: Falls Industrial Park. The report recommends approval of the sale of Lot 25, R.P. 243 from Donrado Properties to Kerrio Ltd. -7- subject to Mr. Kerrio agreeing to be bound by the City's usual covenants and restrictions for lots in the Falls Industrial Park, and further that the Legal Department be authorized to prepare an appropriate by-law consenting to the sale as well as rescinding By-law No. 78-103 with respect to the sale of this property to David Hutchinson (In Trust). ORDERED on the motion of Alderman MacBain, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 209 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Manager and City Treasurer provided additional information in response to questions raised on Cheques #3048, #3088, #3113, ~3129, #3171, #3193, #3195, #3235, #3236 and #3260. With respect to Cheque #3314 in the amount of $700,000, Alderman MacBain stated that he understood what the amount was for and why it was done, however he was concerned over the legality of the City borrowing monies from anyone other than through normal debentures or the City's bank. The Alderman felt such practices could become a sloppy way of doing business. The City Treasurer advised that the Region could raise these monies at a better rate than the City. The loan was secured at an interest rate below the prime rate. The City Treasurer also advised that the authority for such a loan was contained in the borrowing by-law passed early in 1979. It was moved by Alderman MacBain, seconded by Alderman Chessman, that a legal opinion be obtained on the legality of the City borrowing from the Region or any other facility other than through normal debentures or the City's bank. Carried Unanimously. It was then moved by Alderman MacBain, seconded by Alderman Orr, that the report be received and adopted. Tke motion Carried with Alderman Merrett abstaining on a conflict of interest on Cheques #3051 and #3128, and all others voting in favour. RESOLUTIONS No. 26 - FERA - MERRETT - RESOLVED that the following tenders submitted for the supply of Fire Department Uniforms be accepted: Complete Uniforms Sainthill Levine Uniforms $10,605.32 Clip-On Ties Audibert's Men's Shop 321.00 Perma-Press Trousers Fishmnn's Men's Shop 1,306.00 Shirts Audibert*s Men*s Shop 4,789.43 ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 27 - CHEESM_~N - CUMMINGS - RESOLVED that the following tenders submitted for the supply of various materials required during the period 1979-80 be accepted: Tires, Tubes & Tire Repairs - Firestone Canada Limited Hot Mix Asphalt - Queenston Quarries and Northland Bitulithic Ltd. Asphaltic Cold Patch - Queenston Quarries Granular Materials - To be purchased from the low bidder at the source closest to the site used. When two prices are equal for the same product, purchase of same will be divided as equally as possible. Gate Valves - Emco Supply ~ Valve Boxes - 5' - ~.R. Ferguson 6' - Emco Supply Limited Tapping Valves & Sleeves - Canada Valve -8- Oxygen,-Acetylene & Propane - Niagara Welders Supply Supply & Apply of Traffic Line Striping - Provincial Pavement Marking Cement, Lime and Seal Bond - Weightman (Chippaws) Limited Ready-Mix Concrete - Weightman (Chippawa) Limited ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 28 - CHEESMAN - SOBOL - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes the City Clerk to apply to the Ministry of Housing for a Provincial Grant in the amount of $232,380.58 for the fiscal year 1979 to 1980 for the purpose of making loans to owners of real property used for residential purposes to assist in the repair, rehabilitation and improvement of dwelling units pursuant to The Housing Development Act and the regulations and subject to the limitation thereof; AND FURTHER THAT the City Clerk is hereby authorized to apply for an accountable advance of $116,190.29 and the Corporation agrees to account for this amount and apply for further payments through the submission of quarter yearly activity reports; AND BE IT FURTHER RESOLVED that the Corporation of the City of Niagara Falls hereby agrees to comply with the Housing Development Act and the regulations thereunder in the administration of the Ontario Home Renewal Program; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 29 - FERA - SOBOL - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that the development of 2.97 acres of land located north of McLeod Road at the extension of Bruce Avenue, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 30 - CHEESMAN - MERRETT - 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 monies for public transportation in the amount of $300,000 for the Capital Assistance Progrannne and $275,079 for the Transit Operating Assistance programme; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 31 - SOBOL - CUMMINGS - RESOLVED that the Program of Proposed Expenditures for Highway Improvements for the year 1979 dated March 26, 1979, be adopted as presented in the total estimated cost of $3,882,400, with an estimated subsidy of $1,660,000; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 32 - CHEESMAN - FERA- RESOLVED that the Program of Proposed Supplementar~ Expenditures for Highway Improvements for the year 1979 dated March 26, 1979, be adopted as presented in the total estimated amount of $4,523,500, with an estimated subsidy of $1,282,600; AND the Seal of the Corporation be hereto affixed. Carried UnanimousiX No. 33 - FERA - CUMMINGS - RESOLVED that a message of condolence be sent to the family of the late Mr. Ted Bennett, a respected member of the Community; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 34 - MERRETT - FERA- RESOLVED that best wishes be extended to Mr. Cec pare, who will he leaving the Niagara Falls Business & Industrial Growth Agency Inc., for his contribution to industry in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimousll BY-LAWS ORDERED on the motion of Alderman 8obol, seconded by Alderman Cummings, that leave he granted to introduce the foilswing by-laws, and the by-laws be read a first time: -9- No. 79-49 - A By-law to authorize an agreement with the Canadian Corps of Commissionaires (Hamilton). No. 79-50 - A By-law to amend By-law No. 6661, 1964, as amended, with respect to signs in the City of Niagara Falls. No. 79-51 - A By-law to provide monies for general purposes. Carried with Alderman Merrett abstaining on a conflict of interest on Cheques #3051 and #3128 of By-law 79-51, and all others voting in favour. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the following by-laws be now read a second and third time: No. 79-49 - A By-law to authorize an agreement with the Canadian Corps of Commissionaires (Hamilton). No. 79-50 - A By-law to amend By-law No. 6661, 1964, as amended, with respect to signs in the City of Niagara Falls. No. 79-51 - A By-law to provide monies for general purposes. Carried with Alderman Merrett abstaining on a conflict of interest on Cheques #3051 and #3128 of By-law 79-51, and all others Voting in favour. NEW BUSINESS DRAINAGE PROBLEM - GARNER ROAD Alderman Cummings asked when a report will be submitted to Council regarding the drainage problem on Garner Road he had brought to the attention of staff several weeks ago. The Maintenance & Operations Engineer advised that the survey crew would be setting levels in order to establish if the City can be of any assistance and if so, whether the City has to go the entire length of the border across there since there is only 20" in the culvert for the drainage of the W-4-2 watercourse. There are also legal questions involved, and once all aspects of the matter have been reviewed, a report will be submitted to Council, likely at the ~ext regular meeting. =WINTER MAiNTENANCE MATERIAL Alderman Cummings asked what is done with the stone that has been left on the roadway during winter maintenance, after it has been collected. The Maintenance & Operations Engineer advised that the material is stockpiled at the Municipal Service and used wherever possible, i.e. parking lots. H{E SOCIETY Alderman Cummings advised that during the past week, he had received several calls regarding the Humane Society. Apparently a person hired by the Humane Society was walking up and down Sheldon Street asking children if any persons in the area owned dogs. The person would then go to those houses and ask if the owners had purchased their dog tag for the year. If the dog tag had not been purchased, the owner would be sold one. The Alderman indicated that in one instance, a resident who worked evenings, had been awakened by this person to determine if a dog tag had been purchased. The resident had purchased a tag earlier, and this information was on record at the Humane Society. Alderman Cummings asked why the Humane Society sent people to homes x~hen there is a record at the shelter of the tags issued; were high school students employed for this purpose and how are they paid. Alderman Cummings also indicated that when calls were placed to the Humane Society, the receptionist advised that the calls would be returned, however no calls were returned. - 10 - Alderman Dilts advised that he would check into the matter, and asked if the names and addresses of the residents complaining could be supplied to him. It was moved by Alderman Cummings, seconded by Alderman Merrett, that Alderman Dilts obtain the information to the questions raised at the next meeting of the Niagara Frontier Humane Society Board of Directors. Carried Unanimously. INDUSTRIAL TRIP Alderman Puttick referred to a request he had made earlier regarding the upcoming industrial trip to be taken by Mr. J. Montgomery, concerning a proposed side-trip to Switzerland, and asked if there were any further information on this matter. Mr. A. van der Harst of the B.I.G. Agency advised that his understanding was that there will be no trip to Switzerland. The Canadian Embassy had been unable to arrange the contacts required, and it was decided that there would be no trip to Switzerland- PARTNERS IN pROGRESS - INDUSTRY & GOVERNMENT His Worship, Mayor Thomson referred to pamphlets distributed to the members of Council regarding the upcoming Industry and Government seminar to be held at the Sheraton Brock Hotel in the City, and advised that invitations had been sent to all industries in the area. The Mayor hoped there would be an excellent turn-out for the seminar. TOLL FREE CALLING - WELLAND/ST. CATHARINES/NIAGARA FALLS His Worship, Mayor Thomson referred to the fact that residents living in the Crowland area of the City have to call long distance to reach numbers in the north part of the City. The Mayor indicated that he had spoken officials of Bell Canada, and it appears that toll free calling between Welland, St. Catharines and Niagara Palls, if all municipalities involved are willing to participate. This had been attempted in the past, however Welland was not willing to participate at that time.--~fheMayor further advised that there would be a minimal increase to Niagara Falls and St. Catharines residents, and a possible additional charge of 30¢ per month per residence customer in Welland. Mayor Thomson pointed out that there has been a substantial change in the Welland Council since the time it was previously considered, and in speaking to the Mayor of Welland, it was determined that he had no objection to the proposal. Mayor Thomson suggested that a resolution be prepared requesting the endorsement of the Cities of St. eatharin~ and Welland that would allow Bell Canada to go ahead and provide full details on the matter. It was moved by Alderman Cummings, seconded by Alderman Dilts, that an appropriate resolution on the matter be prepared for consideration at the next regular Council meeting. Carried Unanimously. It was moved by Aldet~nan Sobol, seconded by Alderman Fera, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ AND ADOPTED, COMMITT~_ .MAYOR WAYNE THOMSON Committee Room #1 March 26, 1979 Council met in Committee of the Whole on Monday, March 26, 1979 following a regular meeting of Council. All members of Council were present. Alderman Puttick presided as Chairman. . Following consideration of the items presented, it was moved by Mayor Thomson, seconded by Aldermsn Dilte, that the Committee of the l~hole rise and report. Carried Unanimously. READ AND ADOPTED, 3~.~.'COL~INSON, CITY CLE~' ~ COUNCI~ ~.".,~ ' Council Chambers March 26, 1979 Council reconvened in formal session on Monday, March 26, 1979, following a meeting in Committee of the Whole. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. REPORT No. 210 - City Manager - Re: Sale of Wigley Property, 7801 Portage Road. The report reconnnends the conveyance of ten feet of a triangular parcel of City owned lands to the Region for road widening purposes and that the remainder be conveyed to the abutting property owner at 7801 Portage Road. The report further recommends that all responsibility for the conveyance, i.e. preparation of reference plans, deeds, etc., be borne by the adjoining owner and the Region. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. It was moved by Alderman Sobol, seconded by Alderman Fera, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON .. ! TWELFTH MEETING REGULAR MEETING Council Chambers April 17, 1979 Council met on Monday, April 17, 1979 at 8:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Schisler offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the minutes of the meeting of March 26, 1979, be adopted as printed. Carried Unanimously. DEPUTATIONS MR. V. AUDIBERT - FIRE DEPARTMENT UNIFORM TENDER Mr. V. Audibert was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Orr. Mr. Audibert advised that his firm had lost the tender for supply of "Perma Press Trousers" under the Fire Department Uniform Tender, to another firm from out-of-town, by a total amount of $6.25. Mr. Audibert felt that Council should consider amending the City's tendering policy so that in such cases where the differential is so small, the tender should remain in the City and be awarded to a local business. Mr. Audtbert .further explained the benefits of having a local firm supply uniforms to the City, such as quicker service, less delivery time and the fact no long distance telephone charges would be incurred in arranging for deliveries, etc. Alderman Schisler sympathized with Mr. Audibert, however pointed out that by accepting only local tenders, the whole concept of tendering would be defeated. Alderman Dilts advised that he could not see how the policy could be changed locally unless all municipalities in adjoining municipalities had similar policies. The end result would be hurting businesses in Niagara Falls that bid in other areas. f Alderman Merrett stated that Council had to take into consideration the cost of deliveries, and commented that he did not want to vote on the matter until he had seen the City's tendering policy. In response to a question raised by Alderman Puttick, Mr. Audibert indicated that he did not tender on out of town contracts. Following further comment, it was moved by Alderman Dilts, seconded by ~Alderman Schisler, that the City remain with its existing policy on tendering. The motion Carried with Alderman Merrett voting contrary, and all others voting in layout. N.P.H.B. LAND DEVELOPMENTS LTD. - ASCOT WOODS SUBDIVISION Mr. G. Schneider of N.P.H.B. Land Developments Ltd., was granted permission to address City Council on the motion of Alderman Dilts, seconded by Alderman Orr. Mr. Schneider indicated that his firm and other developers had agreed on the Shriner's Creek project and the contributions to be made. One land owner in the area does not want to sell lands necessary for the project, resulting in a delay in development for all other land owners in the area. Mr. Schneider asked if it was possible for development tO proceed on the Ascot Woods Subdivision, and pointed out that the services and retention pond in the earlier stage were more than sufficient to handle the addieional houses. The firm of Dames & Smith would be preparing a report on the servicing required for the subdivision, and Mr. Schneider indicated that these findings would be reported to Council once available. ORDERED on the motion of Alderman Chessman, seconded by Alderman MacBain, that the matter be referred to staff for the preparation of a r~eport. ~a~rie~d_ Unanimously. CO~RINIGATION No. 77 - Downtown Board of Management - Re: Use of Queen Street. The -2- communication requests the use of Queen Street for a sidewalk sale on May 19, 1979 and that Queen Street be closed to traffic from Erie Avenue to Victoria Avenue. Permission was also requested to hold a beer tent in the Centennial Square and a Horse Show on the recently acquired Parking Lot on the north side of Huron Street between Ontario and St. Clair. Alderman Chessman indicated that he did not a beer tent was not a fitting use for the Centennial Square. Mrs. L. D'Ascenzo advised that public washrooms had to be provided with the beer tent, and the City Hall was the only facility in the Downtown area suitable. Mrs. D'Ascenzo also advised that the Board was requesting a small amount of funding towards the various events planned in conjunction with the "Country Fest" celebrations. Mr. H. Smith also advised that while washrooms were available at the Market Area, other plans had been made for use of that site. Both Mr. Smith and Mrs. D'Ascenzo provided additional information in response to questions raised. His Worship, Mayor Thomson indicated that the request for funding had been included in the 75th Anniversary Committee budget. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the requests be approved. Carried Unanimously. NOTE: Alderman Orr retired from the meeting. UNFINISHED BUSINESS CORNWILL INVESTMENTS LIMITED AND THE REGIONAL URBAN AREA BOUNDARIES Report No. 190 - City Solicitor - The report provides information on request of Cornwill Investments Limited for support of their petition to the Cabinet and advises of action taken by Cornwill Investments since the original request was made. AND Communication No. 66 - Miss J. Grandoni - The conm~unication expresses opposition to Council supporting the appeal of Cornwill Investments for an extension to the urban boundary to include property west of Kalar Road and north and south of Thorold Stone Road. Communication No. 78 - F. (Bert) Nero Realty Limited - The communication advises that Mr. Lebovic feels that since his lands are at present outside the development area, he would be weakening his claim for an appeal of the O.M.B. decision if he were to withdraw the injunction to stop the City's expropriation of his lands. Alderman Fera stated that he felt the City had a moral obligation to try and help Mr. Lebovic due to the fact he has co-operated to the utmost particularly in the Shriner's Creek Project. It was the Alderman's understanding that the question of buffering had been a concern to the City, and Mr. Lebovic had now indicated such buffering would be provided. Alderman Fera further pointed out that the City had supported Cornwill Investments during the Ontario Municipal Board hearings, and would not be changing that position by supporting the firm now. Alderman Wallman advised that he had inspected some of the lands in the area and found the ground to be exceptional compared to farm lands in the south end of the City. Alderman Sobol indicated that she was in fayour of retaining the boundaries as set in the O.M.B. decision. Adequate buffering was required, and Alderman Sobol agreed with the O.M.B. decision that Kalar Road was the best buffer in the area. Alderman Chessman agreed that the City had supported Cornwill Investments during the hearing, however the City and developers had their day in court, and to grant this.request would be to question the wisdom of the entire decision. Alderman Fera commented that the agricultural aspect' would apply to the whole of the Shriner's Creek area, not Just the lands of Cornwill Investments. The Alderman felt that the City had given Cornwill Investments a rough time when other developers were "getting away with murder", such as for the subdivision on Thorold Stone Road where the developer got away without paying $10,000 at the expense of other developers. Alderman Puttick felt that no developers were getting away with anything that he did not know about. Cormwill Investments was asking Council to support an appeal to the Cabinet, and on the other hand had forced the City to expropriate land necessary for the Shriner's Creek Project,by asking more for the lands than they were worth. Following further conment, it was moved by Alderman Puttick, seconded by Alderman Herrerr, that the report and co~mnunications be received and filed. The motion Carried with Alderman Fera voting contrary, and all others voting in fayour.' -3- SHRINER'S CREEK PROJECT AND CORNWILL INVESTMENTS LIMITED Report No. 191 - City Manager - The report recommends that the $39,159.36 standing to the credit of Cornwill Investments Limited for the Shriner's Creek Project, be refunded to that company. His Worship, Mayor Thomson asked if it would be premature to refund the money if the appeal to the Cabinet was successful. The Deputy City Solicitor advised that the refund was requested by the firm, however as far as the City was concerned, it could wait until the decision of the Cabinet was made. Mr. B. Nero stated that it may take two or three years before the matter is settled, and Mr. Lebovic wanted his monies refunded. ORDERIED on the motion of Alderman Puttick, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously. SHRINER'S CREEK PROJECT - AGREEMENT BETWEEN THE CITY AND RIVER REALTY DEVELOPMENT (1976) INC. ET AL AND THE NIAGARA PENINSULA CONSERVATION AUTHORITY Report No. 211 - City Manager - The report recommends passage of a by-law to authorize an agreement between the City and River Realty Development (1976) Inc., Group 2 Development Limited, N.P.H.B. Land Developments Limited, Walco Developments Limited, Foxhill Properties Limited, Gike Incorporated, George Schneider ~01dings Limited and George Schneider Construction Company Limited and the Niagara Peninsula Conservation Authority respecting the Shriner's Creek Project. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 79-58 OBSERVATION WHEEL - MAPLE LEAF VILLAGE Report No. 212 - City Manager - The report advises that an application for a building permit has been submitted by York Mannover for the erection of the ' ObservationWheel at Maple Leaf Village. Alderman Puttick conmented that he had been told the lights on the wheel would light up the area for four or five blocks. The Building & Development Co-ordinator indicated that he had not been aware of this fact, and that he would check into the matter immediately to take the necessary precautions. ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. CHIPPAWA BRANCH LIBRARY Report No. 213 - City Manager - The report recommends that if Council approves in principle a new branch library for the Chippawa community, that funds be placed in a reserve account for that purpose. A sum of $50,000 per annum as requested by the Library Board would~be realistic to finance and build such a facillty for 10,000 people in about ten years. This would give the Clty and ~the Library Board time to select a site and develop detailed plans. Alderman Dilts did not see how Council could provide any monies this year in view of earlier budget discussions, and suggested that the matter be referred to the 1980 budget discussions. His Worship, Mayor Thomson suggested that the report be used as a working document to look for facilities in the future. The Planning Director agreed that it was not the intention of staff to direct this expenditure to the 1979 budget. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and retained as reference for future consideration'of Library facilities in Chippawa. Carried Unanimously. COMMUNICATIONS No. 79 - Mr. F.B. Leslie - Re: 1979 B.I.G. Agency Budget. The communication expresses concern over the proposed cuts to the 1979 B.I.G. Agency Budget. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the communication he received and filed. Carried Unanimously. No. 80 - Regional Municipality of Niagara - Re: Proposed Solid Waste Reduction Facility. The communication advises of discussions held with the Ontario Paper Co. regarding a possible waste reduction plant. AND No: 81 - Regional Municipality of Nia2ara - Re| Sol.id Waste Disposal and -4- Niagara Energy from Waste Product. The conmunication provides information on the participation of the Region in solid waste management, and outlines resolutions passed by the Regional Public Works & Utilities Committee on this matter. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the communications be referred to the Special Landfill Site Committee for further consideration. Carried Unanimously. No. 81 - Regional Municipality of Niagara - Re: Request for Guide Signing in the Main and Ferry Business Area. The communication advises that the Region's street name policy is currently under review and that a response to a request for advance street name signing on Lundy's Lane at Main Street will be forthcoming once the policy has been set. The communication further advises that if the City wishes to provide additional signing to other businesses or commercial areas, the Region is prepared to install signs at the City's expense. The Regional Public Works & Utilities Committee will be reviewing with the City tourist signing in Niagara Falls with a view to identifying any deficiencies or needs and developing specific programs, policies and procedures therefor. Alderman Merrett asked what time frame was involved in the Region's plans. The Director of Municipal Works indicated that a meeting will be scheduled to review the whole matter, and more information would be obtained at that time. Reference was also made to a request for signs for the Palmar Avenue area, however the Mayor indicated that this request was separate from the request referred to in the communication. The Director of Municipal Works also advised that the request was for an overhead sign and was quite expensive. Alderman Puttick referred to a request for a sign on Murray Hill leading out of Queen Victoria Park, and indicated that the Niagara Parks Commission would be considering that request shortly. Alderman Puttick also asked about a sign posted on the Sylvia Place parking lot restricting parking. The Mayor indicated that Council had approved an area being set aside to derive revenue fromManpower employees parking on the lot, however problems were being experienced and the system might be discontinued. ~ ORDERED on the motion of Alderman Merrett, seconded by Alderman Puttick, that the communication be referred to staff for the preparation of a report, and further that copies be sent to the Main & Ferry Business Association and the N.R.T.A. Carried Unanimously. No. 82 - Ontario Traffic Conference - Re: Annual Conference. The communication, advises of the Conference scheduled for May 6 - 9, 1979 in North York, and requests the participation of the City in the conference. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fare, that Alderman Puttick and one member of staff be authorized to attend the conference. The motion Carried with the following vote: AYE: Aldermen Fare, Hinsperger, MacBain, Merrett, P. ut~ic~, Schisler and Wallman. NAYE: Aldermen Chessman, Cummings and Sobol. NOTE: Alderman Dilts was absent when the vote was taken on' this matter. No. 83 - Greater Niagara Falls Ministerial Association - Re: Sunday Sports. The communication expresses concern over the granting of permits for Sunday sports. No. 84 - St. Andrew's United Church - Re: Sunday Sports. The communication expresses concern over the granting of 'permits for Sunday sports, particularly for the use of Oakes Park. No. 85 - Mr. N. Armitage - Re: Sunday Sports. The communication expresses concern over the granting of permits for Sunday sports. AND No. 86 - Mrs. W. AndTee - Re: Sunday Sports. The communication expresses concern over the granting of permits for Sunday sports. AND No. 87 - Queensway Church - Re: Sunday Sports. The communication expresses concern over the granting of permits for Sunday sports. His Worship, Mayor Thomson indicated that the spokesman for the various Churches, organizations and individuals expressing concern, was unable to be present, and requested that the matter be deferred for one week. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilte, that the matter be tabled for one week. Carried Unanimously. -5- No. 88 - Social Planning Council - Re: Resignation of Mr. G. Morwood. The communication advises of the resignation of Mr. G. Morwood as Executive Director of the Social Planning Council. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 89 - Niagara Falls & District Labour Council - Re: Chamber of Commerce. The communication expresses concern over the interference of the Chamber of Commerce in the possible dismissal of the City Manager. ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. No. 90 - Niagara South Board of Education - Re: 1979 Operating Budget and Educational Levy. The communication advises of the 1979 operating budget and the education costs assessed to the ratepayers for 1979. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the communication be received and filed. The motion Carried with Aldermen Cheesman and Sobol abstaining on a conflict of interest, and all others voting in favour. No. 91 - Niagara Falls Family Y.M.C.A. - Re: Special Occasion Permit. The communication requests the permission of the City to operate a beer tent on Palmar Park on May 18 - 21, 1979. ~ ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, .that the request be approved subject to similar approvals being received from the Regional Police, Fire Department, Health Unit and L.L.B.O. Carried Unanimously. REPORTS No. 214 - Planning & Development Committee - Re: AM-42/78, J.A.C.K. Holdings Ltd., Stanley and Spring. The report recommends approval of the application subject to Development Control and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 35 See By-law No. 79-53 No. 215 - City Manager - Re: Sanitary Landfill Site Committee. The report recommends that Council endorse the action taken by the Sanitary Landfill Site Committee that the City will have no use for a "borrow pit" for non-putrescible garbage use. ORDERED on the motion of Alderman Sobol, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously. No. 216 - City Manager - Re: 1979 Tenders for Grass Seed, Sod & Traffic Paint. The report recommends acceptance of lenders received from Otto Pick & Son and Vaughan Seed Company for the supply of grass seed, from Niagara Marion Sod for the supply of sod and from Niagara Paint & Chemical for the supply of ~traffic paint. ORDERED on the motion of Alderman Fare, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 36 No. 217 - City Manager - Re: Landfill Site Equipment. The report advises that both pieces of equipment supplied by Nisus Construction Limited for use at the City Landfill Site, have met specifications and have been accepted for use. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. NOTE: Alderman Cheesman was absent when the vote was taken on this matter. No. 218 - City Manager - Re: Flooding, 3812 Garner Road. The report advises of action taken to assist in the drainage problem being experienced at 3812 Garner Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Wallman, that the report be received and filed. Carried Unanimously. NOTE: Alderman Chessman was absent when the vote was taken on this matter. No. 219 - City Manager - Re: Tenders for Rental of General Purpose Equipment 1979. The report recommends that the schedule of tenders be used starting with the -6- economically lowest rate for equipment available and suitable when required for City operations. The Maintenance & Operations Engineer provided additional information in response to a number of questions raised. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. NOTE: Aldermen Chessman and C'Jmm~ngs were absent when the vote was taken on this matter. No. 220 - City Manager - Re: Lot Grading and Drainage Policy for Future Subdivisions. The report recommends that the report be tabled and that members of Council review same during the next weeks; that staff be authorized to distribute copies of the reports to developers, builders and other interested parties; and that a meeting be held with developers and builders to obtain comments and input on May 3, 1979. Alderman Dilts asked if the meeting could be delayed for a number of weeks due to the importance of the issue. His Worship, Mayor Thomson suggested that the meeting be scheduled for June 7th, 1979. The Director of Municipal Works provided additional information in response to a number of questions raised by members of Council. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the meeting with developers and builders be held on June 7, 1979, and that the report, as amended, be received and adopted. Carried Unanimously. NOTE: Alderman Merrett was absent when the vote was taken on this matter. No. 221 - City Manager - Re: 1979 Community Renewal Seminar. The report recommends the attendance of a member of Council and two members of the Building & Development Department at the subject seminar to be held in Toronto from April 22 - 24, 1979. ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. No. 222 - City Manager - Re: International Federation of Municipal Engineers Congress. The report recommends that Council endorse the action taken by the previous Council in authorizing the Director of Municipal Works to attend the New York segment of the subject conference. ORDERED on the motion of Alderman MacBain, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. No. 223 - City Manager - Re: Ontario Association of Fire Chiefs. The report recommends the attendance of the Fire Chief and three Area Chiefs at the subject conference to be held in Cornwall from May 6 - 10, 1979. ORDERED on the motion of Alderman Dilts, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 224 - City Manager - Re: Lease to Niagara International Centre Limited of Warren Avenue Road Allowance. The report recommends passage of a by-law to assign of the lease by Niagara International Centre Limited to Canadian Pacific Hotels Limited for the Warren Avenue road allowance. ORDERED on the motion of Alderman MacBain, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. · See By-law No. 79-5j No. 225 - City Manager - Re: Metric Conversion. The report provides material on metric conversion. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, tha: the report be received and filed. Carried Unanimously. No. 226 - City Manager - Re: Policy on Curb Cuts and Driveway Adjustment Char The report reconnnends approval of the policy for curb cute and driveway charges. Alderman Puttick pointed out that Council should support staff in the policy. OBDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, ths~ the report be received and adopted. Carried Unanimously. No. 227 - City Manager - Re: Proposed Conveyance of "Turn-Arounds" to the Corporation of the City of Niagara Palls. The report recommends that the -7 - City accept the proposed land transfers from the Seaway Transport Canada at no cost to the City. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 228 - City Manager - Re: 1979 Conference Provincial Association of Committees of Adjustment and Land Division Committees. The report recommends that three membership subscriptions in the Association be authorized for the Committee of Adjustment and that two members, together with the Secretary- Treasurer be authorized to attend the conference to be held in Sarnia from June 3-6, 1979 and that they be reimbursed for out-of-pocket expenses. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 229 - City Manager - Re: Policy re Subscription to Conference and Convention Programmes. The report recommends adoption of a policy for subscriptions to conference and convention programmes. In response to a question raised by Alderman MacBain, the City Manager indicated that five or six requests of this nature were anticipated during the year. ORDERED on the motion of Alderman MacBain, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 230 - City Solicitor - Re: Temporary Borrowing from the Regional Municipality of Niagara. The report advises that borrowing from the Regional Municipality of Niagara complies with all legal requirements set out by the Municipal Act. ORDERED on the motion of Alderman MacBain, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. No. 231 - City Manager - Re: Chippawa Public Utilities Commission Proposed Capital Expenditure. The report recommends that a by-law be given two readings by Council for the issuance of debentures in the amount $20,000, the total cost being $27,500 for improvements to the electrical power distribution and street lighting systems in the former Village of Chippawa. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. See By-law No. 79-52 No. 232 - City Manager - Re: Consent Items. 1) United Way - Requesting Council's approval of the participation of Mr. D. McArthur in the 1979 United Way Campaign. Recommendation - That the request be approved. 2) Ministry of Intergovernmental Affairs - Regarding an inquiry of Miss J. Laws relative to the Ryerson-Market Redevelopment Project. Recommendation - That a meeting be held with Miss Laws and City staff in order to have a full explanation 9f the project provided. Kingsgrant Ltd., Thor-West Niagara Falls Ltd. and Waters, Cotfield & Meredith Regarding a proposed name change - Ontario Avenue to Palmet Avenue. Recommendation - That the connnunications be referred to the special Street Name Committee. 4) Niagara Redwings - Expressing appreciation to the Mayor and Council for the co-operation received during the recent Ladiest Hockey Tournament. Recommendation - Receive and file. 5) Chief Donald Harris - Extending an invitation to the members of Council to inspect the new central communications system. Recommendation - That Chief Harris be thanked for the invitation and as many members of Council as possible attend. 6) Ministry of Housing - Expressing appreciation for Mr. R.W. Rodman's participation on the Joint Ministry of Housing/Municipal Engineerst Association Liaison Committee. Recommendation - Receive and file. 7) Regional Municipality of Niagara - Revised Quality Standards - Traffic Maintenance Activities. Recommendation - Receive and file. 8) Crawford, Smith & Swallow - Financial Statements of the Public Library Board for the year ended December 31, 1978. Recommendation - Receive and file. 3). His Worship Mayor Thomson and the City Manager provided information on the request from the United Way in response to a question raised by Alderman Fera. ORDERED on the notion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. -8- No. 233 - City Manager - Re: Building Permits. The report provides information on the permits issued for the month of March 1979, compared to 1979, and outlint the permits issued during the month having an estimated construction value of $50,000 or more. Alderman Merrett asked how often during the course of the year it was necessary for stop work orders to be issued for various violations. The City Manager estimated that two or three times a month such action was necessary, however in some instances, the delay involved only several hours to straighten out any problems. Alderman Merrett asked if he could be notified as soon as possible of any stop work orders issued. Alderman Puttick indicated that unless there was some specific reason, he did not want to be notified of every stop work order issued. His Worship, Mayor Thomson felt that if such information was to be given out, it should be directed by Council. It was moved by Alderman Merrett that members of Council be notified as soon as possible of any stop work orders issued by the Building & Development Departmem The motion was not seconded. ORDERED on the motion of Alderman Dilts, seconded by Alderman Schisler, that the report be received and filed. Carried Unanimously. No. 234 - City Manager - Re: Conrail Drainage Channel - Temporary Closing of parts of Dorchester Road and Part of the Chippawa Parkway. The report recommend= passage of a by-law to authorize the temporary closing of part of Dorchester Road and publication of a notice of intention to pass a by-law to close parts of Dorchester Road and Chippawa Parkway. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law No. 56 No. 235 - City Manager - Re: Municipal Accounts. The report recommends paymen: of the municipal accounts. ORDERED on the motion of Alderman C,,m~tngs, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 236 - City Manager - Ro: Spring Rubbish Collecti~. The report advises that due to inclement weather, the spring rubbish collection scheduled to commence 0n April 23rd, 1979 was cancelled, and recommends that the campaign now commence ,on May 7, 1979. In response to a question raised by Alderman Schisler, the Director of Municipal Works advised that notices will be placed in the mail boxes of reside~ .in the south end of the City when sanitation crews are making their normal collections. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 237 - City Manager - Re: Pipe Crossing Agreement with C.N.R. in Connection with the Construction of a 48" Diameter Storm Sewer on Swayze Drive. The report recommends passage of a by-law to authorize a pipe crossing agreement with CNR for the installation of the subject storm sewer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 35 - FERA - MERRETT - RESOLVED that the Council of the Corporation of the City of Niagara Palls hereby certifies that By-law No. 79-53 for the rezoning of lands on the northwest corner of Stanley Avenue and Spring Street, conform to Official Plan Amendment No. 28 of the Niagara Palls Planning Area, as amende~ and approved by the Minister of Hou8ing; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 36 - FERA - CUt~4INCS - RESOLVED that the following tenders submitted for the supply of grass seed, sod and traffic paint, be accepted at the prices quoted~ Orass Seed - Otto Pick & Son Vaughan Seed Company .Sod - Niagara Marion Sod Traffic Paint - Niagara Paint & Chemical ; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslZ -9- BY-LAWS ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-52 - A By-law to authorize improvements to the electrical power distribution system and street lighting system of the City. No. 79-53 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-42/78, J.A.C.K. Holdings) No. 79-54 - A By-law to authorize an assignment of a lease. (Warren Avenue Road Allowance - Canadian Pacific Hotels) No. 79-55 - A By-law to authorize the execution of a pipe crossing agreement with Canadian National Railways Company. No. 79-56 - A By-law to authorize the temporary closing of part of Dorchester Road. No. 79-57 - A By-law to authorize a contract of insurance with Scottish and York Insurance Company Limited. (Municipal Errors & Omissions) No. 79-58 - A By-law to authorize an agreement with River Realty Development (1976) Inc. and others and the Niagara Peninsula Conservation Authority regarding the Shriner's Creek Project. No. 79-59 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Fare, seconded by Alderman Cheesman, that By-law No. 79-52, be now read a second time: No. 79-52 - A By-law to authorize improvements to the electrical power distribution system and street lighting system of the City. Carried Unanimously ORDERED on the motion of Alderman Fare, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 79-53 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-42/78, J.A.C.K. Holdings); No. 79-54 - A By-law to authorize an assignment of a lease. (Warren Avenue Road Allowance - Canadian Pacific Hotels) No. 79-55 - A By-law to authorize the~xecution of a pipe crossing agreement with Canadian National Railways Company. No. 79-56 - A By-law to authorize the temporary closing of part of Dorchester Road. No. 79-57 - A By-law to authorize a contract of insurance with Scottish and York Insurance Company Limited. (Municipal Errors & Omissions) No. 79-58 - A By-law to authorize an agreement with River Realty Development (1976) Inc. and others and the Niagara Peninsula Conservation Authority regarding the Shriner's Creek Project. No. 79-59 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS LIQUOR LICENCE INSPECTIONS Alderman Cummings advised that it had been brought to his attention that when a liquor licerice is granted for various occasions, such as weddings, etc., it had been the practice of the L.L.B.O. to send a liquor inspector to inspect the permit and the amount of alcohol on the premises. In the last month, this inspection has been carried out by uniformed Regional Police officers, on one occasion during a wedding reception. Alderman Cummings advised that this was - 10 - upsetting to the guests at the wedding reception, and suggested that if this inspection is to be the responsibility of the Regional Police, that this duty be carried out by plain-clothes police officers. It was moved by Alderman Cummings, seconded by Alderman Puttick, that a report be prepared on the matter. Carried Unanimously. QUESTION OF PROCEDURE In response to a ?estion raised by Alderman Puttick, His Worship, Mayor Thomson indicated that Alderman Orr had been called away from the meeting on a medical emergency. It was moved by Alderman Cummings, seconded by Alderman Merrett, that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, Carried Unanimously. MAYOR WAYNE THOMSON COMMI%: _~ · w -v . ~ ' Committee Room ~1 April 17, 1979 Council met in Committee of the Whole on Monday, April 17, 1979 following a regular meeting of Council. All members of Council were present with the exception of Alderman Orr. Alderman Puttick presided as Chairman. Following consideration of the presented, the Committee of the Whole arose without reporting. , CITY MAYOR WAYNE The meeting adjourned. AND MAYOR WAYNE THOMSON READ AND ADOPTED, Council Chambers April 17, 1979 Council reconvened in formal session on Monday, April 17, 1979 following a meeting in Committee of the Whole. All members of Council were present with the exception of Alderman Orr. His Worship, Mayor Thomson presided as Chairman..: ! THIRTEENTH MEETING Council Chambers April 23, 1979 REGUL~LRMEETING Council met on Monday, April 23, 1979 at 7:45 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Schisler. His Worship, Mayor Thomson presided as Chairman. Alderman Sobol offered the Opening Prayer. PRESENTATIONS His Worship, Mayor Thomson presented a retirement watch to Mr. L. Carlini who retired from the City after nearly twenty-five years of service. A 25-Year Plaque was presented to Mr. M. Massolin. DEPUTATIONS MR. T. HRISTOW - NIAGARA FALLS TWINNING COMMITTEE Mr. T. Hristow was granted permission to address City Council on the motion of Alderman Merrett, seconded by Alderman Orr. Mr. Hristow advised that following his last presentation to Council, two meetings were held on the selection of a city to twin with Niagara Falls. Both meetings were poorly attended, however at the first meeting a motion was passed that the City of Niagara Falls twin with the City of Mainz, Germany. Mr. Hristow commented that the basis of twinning is to establish contacts and a friendly relationship based on the different national origins, religions and traditions. One of the main reasons behind the suggestion to twin with Mainz, Germany, was due to business, and Mr. Hristow felt that although business could be one of the reasons for twinning, it should not be the prime motivating force. Mr. Hristow stated that he would like Council to decide if a move should be made to twin with Mainz, Germany, or if other avenues should be explored in order to make twinning more representative of the City. Alderman Cheesman agreed that the concept of twinning should not only involve industrial growth, but cultural, social and language relations, and commented that it would be wonderful if the City could establish close liaison with Mainz without having the association based on business. The Alderman offered to work with the Committee in order to investigate the matter further. His Worship, Mayor Thomson stated that the City does have industrial ties with Germany, and this had been the reason for the suggestion of twinning with Mainz, particularly because of the many similarities between the two cities. The Mayor suggested that the matter be deferred until such time as the B.I.G. ~gency could comment on the matter. Mr. Hristow pointed out that twinning with a city does not stop that city from twinning with another. The City of Mainz has twinned with three other cities in three different countries, and Mr. Hristow stated that if Niagara Falls were to twin with Mainz, there was no reason why other cities could not be considered afterwards. Following further conment, it was moved by Alderman Puttick, seconded by Alderman Chessman, that the matter be tabled until the B.I.G. Agency has an opportunity to comment. Carried Unanimously. SUNDAY SPORTS Reverend J. Griffen of St. Andrew's United Church, was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Cummings. Reverend Griffen stated that he felt St. kndrew's Church would have a problem with special permits being issued on Sunday mornings, particularly with Oakes Park~ since it has the best facilities for sports in the City. There would be the noise problem during Church services, and when tournaments are held on Sunday mornings, members of the Church have to be at the Church parking lot by 6:00 a.m. to prevent spectators from using the Church parking lot. There is also a problem with broken beer bottles and refuse being littered on the Church property during tournaments. Reverend eriffen stated that besides the direct -2- effect on St. Andrew's Church in particular, the question of Sunday sports presented a problem to all churches in the City. It was felt that parents and their children should be able to participate in organized sports without having to make a choice between religion and sports. Reverend Grlffen felt it was unfair for organized sports in the City to schedule games and practices on Sunday mornings when they have seven days a week and twenty-four hours a day for this purpose, and the Church only has two or three hours on a Sunday morning. Reverend Griffen stressed the importance of spiritual development as well as physical development for children, and suggested that the Church and organized sports cease to be rivals and work together. Mr. N. Armitage urged Council not to issue permits for games and practices on Sunday mornings, and stated that any change would pose a threat to the religious life of families. Mr. Armitage asked Council to recognize its responsibility to the Church and religious life of the City as well as to the recreational life of the community. Alderman Cheesman pointed out that many organizations come to the City for funds, while the Church doesn't ask for anything except several hours on a Sunday morning. Alderman Chessman felt Council should return to the previous policy of issuing no special permits on Sunday mornings. Alderman Cummings agreed that during Church hours, parks should not be used for organized sports, however expressed his concern for major tournaments that occasionally are rained out on a Saturday. The Alderman suggested that it could be made clear to the organizers of such tournaments that activities cannot be scheduled for Sunday mornings, but that there should be some provision made for special circumstances. Alderman Merrett acknowledged the significance the Church plays in the lives of children and stressed that it was not his intention to have both sports and the Church compete. The Alderman explained that many organizations depend on major tournaments for funds, and such a decision by Council could present a hardship. Alderman Puttick noted that Reverend Griffen had_gj[fere~ to work with the City in special instances, and suggested that if a problem came up, he was sure it could be worked out. Reverend Griffen confirmed that his Church would not be opposed to working something out with the City in such a case. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Wallman, that the City~s policy on scheduling events for parks and athletic fields be changed so that no special permits would be issued on Sunda~'mornings for City parks.and athletic fields. Carried Unanimously. MR, T. STELMASZYNSKI - CITY CAMPING PAi{K BY-LAWS Mr. T. Stelmaszynski of the }fontrose Motor Inn, was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Orr. Mr. Stelmaszynski stated that at his business, he had a very small area set aside for camping in addition to other services on two or three acres of land. Amendments were made to the City's camping park by-law providing that all parks must be closed from November 1st to April 1st. This change was made as a result of several permanents residents being found at one park during a change in ownership. Mr. Stelmaszynski pointed out that there are American holidays in November and February when campers do come to the City. As a result of presentations made, the by-law was amended so that camps can remain open from March 15th to November 30th, however Mr. Stelmaszynski pointed out that many campers come to the City during December, January, February and March regardless of weather. Mr. Stelmaszynski requested that the by-law now he amended so that camping parks can remain open all year. Reference was also made to annual inspections carried out by the City, and Mr. Stelmaszynski was critical of the fact his facilities were inspected annually, and yet no changes had been made since his camping park had opened. With respect to licerice fees, Mr. Stelmaszynski stated that he had previously paid a license fee of $1.00 per camping lot, however this had been amended to an annual fee of $100 regardless of the number of lots iu the park. Since he had only twelve lots on his property, Mr. Stelmaszynski felt this was unfair when other camps had several hundred lots for camping. Since other businesses pay taxes to size and facilities, Mr. Stelmaszynski felt this principle should apply to licence fees as well. Mr. Stelmaszynski advised that several years ago, the City had finally been successful in having signs erected along the Q.E.W. directing motorists to camping facilities. These signs were taken down in November because of the City*s restriction that all camping parks must close, however Mr. Stelmaszynski pointed out that not all of the signs were removed, and he felt there was some private interference involved. His Worship, Mayor Thomson advised that a meeting had been set up for all camping park operators in the City, and hopefully some agreement could be reached and reported back to City Council. The Mayor requested that Mr. Stelmaszynski be present at the Council meeting when this report is discussed and that he be provided an opportunity to comment on the results of the meeting. ORDERED on the motion of Alderman MacBain, seconded by Alderman Cummings, that the matter be referred to staff for the preparation of a report. Carried Unanimously. COMMUNICATIONS No. 92 - Regional Municipality of Niagara - Re: Chippawa Secondary Plan. The communication requests that the City review the density standards used in the Chippawa Secondary Plan with the view to increasing the variety and affordability of housing. Alderman Dilts stated that a lot of work had gone into preparing the Chippawa Secondary Plan, involving both staff and public input. The Planning Director agreed that the Secondary Plan was worked on very hard by the Planning & Development Committee and suggested that the comments of the Region be referred to the Committee and subsequently back to City Council. ORDERED on the motion of Alderman Dilts, seconded by Alderman Sobol, that the communication be referred to the Planning & Development Committee. Carried Unanimously. No. 93 - Mr. G. Vasko - Re: Drainage Problem on Brian Crescent and McGill Street. The communication advises that the residents feel it is the responsibility of the City to rectify the drainage problem that was created as a result of the development of the Dell Subdivision. Mr. G. Vasko was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Orr. Mr. Vasko advised that both the developer and contractor feel they are not responsibile for the drainage problem, and that they had lived up to the provisions of the subdivision agreement. Since the City does not have sufficient by-laws to enforce proper elevations, Mr, Vasko felt it was the City's responsibility to rectify the .drainage problem. It was also pointed out that the contractor is in the process of selling Lot 8, and with the construction of a house on the lot, the existing drainage problem would be aggravated. In response to a question raised by Alderman Puttick, Mr. Vasko stated that the former Mayor had at first suggested the neighbouts get together to try and work out the problem, however it was practically impossible to tear down fences to install a lateral to the catchbasin. Mr. Vasko pointed out that there was no neighbourhood dispute over the problem, and the residents felt the problem was created by the developer and contractor. The second time the matter was brought to the attention of Council, it was suggested that City staff come up with a report on a cost sharing arrangement. The contractor and the developer were not prepared to pay their share, and the residents did not feel they should be responsibile for the entire coat. Alderman MacBain commented that the problem had been in existence for quite some time, and he would like to see it cleared up. The Alderman asked the Mayor to appoint a special committee of three Council members to come up with a recommendation at the Council level after input from staff. Alderman Puttick commented that the City should either maintain its present policy on drainage problems or put several million dollars in the budget and take care of all the drainage problems in the City, The Alderman did not feel that Council could set up a committee to come in with an opinion on one property, and that for the City to correct the problem itself would be creating a precedent. Mr. Vasko felt that the problem did not exist until the City developed the Dell Subdivision, and that when he had purchased his house, there had been no drainage problem. The City by approving development of the subdivision had stopped the natural drainage. Alderman Puttick suggested that Mr. Vasko consider taking legal action. Mr. Vasko replied that he felt the City should pay for the work and sue the subdivider for recovery of the monies expended. Following further comment, it was moved by Alderman MacBain, seconded by Alderman Puttick, that a special committee be established to review the matter and prepare recommendations for the consideration of Council. Carried Unanimously. . -4- It was agreed by Council that His Worship, Mayor Thomson and Aldermen Dilts, MacBain and Puttick would serve on the Committee, with Alderman Dilts acting as Chairman. REPORTS No. 196 - City Manager - Re: Park Land Requirements for the Munro and Lundy's Neigbbourhood, Westlane Community. The report recommends that staff be directe~ to take action to secure a site of three acres for park purposes in the vicinitl of the Charnwood Subdivision, and that investigation of lands for parks purposes include the investigation of: (a) the possibility of resubdividing some of the O.R.C. property in the subdivision; (b) the possibility of obtaining property presently reserved for school use; and (c) other vacant lands if (a) and (b) are not found to be feasible. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 238 - Recreation Commission - Re: 1979 Park and Boards of Education Athletic Field Reservations. The report recommends that the reservations for municipal and Board of Education athletic fields be assigned as contained in the attached schedule and that official permits be issued. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 239 - City Manager - Re: Settlement with Local 133, Canadian Union of Public Employees. The report recommends acceptance of the following settlement: 1) 6.05% across-the-board increase retroactive January 1, 1979, the term of the agreement being one year; 2) $65 one-time lump sum payment to all permanent employees; 3) Six weeks' vacation after 32 years; 4) Safety show allowance of $22.50 per annum; 5) Removal of Remembrance Day as a paid holiday to be substituted by a "floating holiday". The total package represents an increase of 6.43% of payroll. In response to a question raised by Alderman Cheesman, the City Treasurer advised that the cost of the settlement amounted to ~2,050. Alderman Cummings commended the work of the Management Negotiating Committee in arriving at a good settlement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See By-law No. 79-60 No. 240 - City Manager - Re: M.T.C. Property RoberrS Street and Private Property Behind Victoria Avenue. The report provides information on the action taken by the Building & Development Dept., Health Department and the M.T.C. regarding the subject properties. ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 241 - City Manager - Re: Co-operative Fertilizer Tender - 1979. The repor.t recommends the acceptance of various tenders for the supply of fertilizers in 1979. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. No. 242 - City Manager - Re: Quotation for Plumbing and Electrical Services for City Buildings. The report recommends the acceptance of quotations received from A~vance Plumbing & Heating for plumbing services, and from Barnes Electric Limited for electrical services. ' ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. No. 243 - City Manager - Re: Annual Equipment Report. The report provides statistical information and costs for operation of vehicles and heavy equipment in 1978. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 244 - City Manager _ Re: Proposed '~ount Forest Mark II" Subdivision. Tile report recommends that the firm of Kerry Howe Limited be retained for the necessary engineering work on the subject subdivision. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted."Carried Unanimousl~. -5- No. 245 - City Manager - Re: Resale by Donrado Properties Inc. to Vincent A. Kerrio and Vincent G. Kerrio of Lot 25 in the Falls Industrial Park. The report recommends passage of a by-law to authorize an agreement with Donrado Properties Inc. to Vincent A. Kerrio and Vincent G. Kerrio for the resale of Lot 25 in the Falls Industrial Park. In response to a question raised by Alderman Cheesman, the City Solicitor indicated that the by-law specified Vincent A. Kerrio and Vincent G. Kerrio rather than Kerrio Ltd., since that was the manner in which the firm wished to take title. ORDERED on the motion of Alderman Cummings, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously. See By-law No. 79-61 No. 246 - City Manager - Re: Development Plan Approval for Proposed Candy Manufacturing and Retail Outlet, 6853-6863 Lundy's Lane. The report recommends approval of the subject development plan as submitted. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 247 - City Manager - Re: City Float. The report recommends the entry of the City float in various parades at a cost not to exceed $4000. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, tha~ : the report be received and adopted. Carried Unanimously. No. 248 - City Manager - Re: Ontario Arenas Association Course. The report recommends the attendance of the Manager of the Stamford/Jack Bell Arenas at the subject course to be held in Guelph from May 6 - 11, 1979. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 249 - City Manager - Re: Canadian Building Officials Association Conference. The report recommends that a member of the Building & Development Department be authorized to attend the subject conference to be held in Cornerbrook, Newfoundland from ~hy 14 - 17, 1979. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 250 - City Manager - Re: Morrison Street Parking. The report advises that in response to a request for comments on parking changes to the residents on Morrison between Crysler and St. Clair Avenues, of the six replies received, four different opinions were expressed. The direction of Council was requested. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and filed and that no changes be made on the present parking regulations on Morrison Street. Carried Unanimously. No. 251 - City Manager - Re: Parking Changes on Regional Roads. The report recommends that the Region be requeste'd' to provide two additional metered parking spaces on the southerly side of Ferry Street adjacent to the Canadian Imperial Bank of Commerce at the intersection of Main Street, and the elimination of one metered parking space immediately northeast of the entrance to 5863 Victoria Avenue. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. NOTE: Alderman Dilts was absent when the vote was taken on this matter. No. 252 - City Manager - Re: One Foot Reserve in Reg. Plan 240. The report recommends passage of a by-law to establish Block "A" Registered Plan 240, as a part of Bonnie Street. ' ORDERED on the motion of Alderman Cummings, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously. No, 253 - City Clerk - Re: Consent Items. 1) Canadian Mental Health Association - Requesting that the week of April 30 - May 6, 1979 be proclaimed Mental Health Week. Recommendation - That the request be approved subject to the established policy on proclamations. 2) Volunteer Bureau - Extending an invitation to tour the Community Resources Centre during May 1'- 3, 1979 in conjunction with Volunteer Appreciation Week. Recommendation - That the invitation be accepted with thanks, and that as many members of Council as possible attend. 3) Regional Municipality of Niagara - 1979 Regional Tax Levy. " Recommendation - For the information of Council, -6- 4) Regional Municipality of Niagara - Comparison of Water Production and Sewage Flows by Municipality for the month of March, 1979. Recommendation - For the information of Council. 5) Regional Municipality of Niagara - Change of Names of Regional Roads. Reconmendation - For the information of Council. 6) Regional Municipality of Niagara - Housing Sites Inventory for the Niagara Region as of December 31, 1978. Recommendation - For the information of Council. 7) Ontario Municipal Fire Prevention Officers Association - Advising of the election of Mr. J. Simon as Vice-President of the Association. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 254 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer provided information with respect to Cheques ~3628 and #3711 in response to questions raised by Alderman Puttick. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 37 - CUMMINGS - ORR- RESOLVED that the following tenders submitted for the supply of fertilizer be accepted: Louth Niagara Orchards Ltd. - $1,257.75 for Items #3 & #4 Wen-Hal Limited - $2,089.55 for Items #2 & #6 Canadian Industries Ltd. - $1,235.70 for Items #1, #5 & #7 ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 79-60 - A By-law to authorize the execution of an agreement between the Corporation of the City of Niagara Falls and the Canadian Union of Public Employees, Local 133. No. 79-61 - A By-law to authorize an agreement with Dourado Properties Inc. and Vincent A. Kerrio and Vincent G. Kerrio regarding the resale of Lot 25 in the Palls Industrial Park. No. 79-62 - A By-law to establish a one foot reserve block as a public highway. No. 79-63 - A By-law to provide monies for general purposes .... Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 79-60 - A By-law to authorize the execution of an agreement between the Corporation of the City of Niagara Palls and the ~anadian Union of Public Employees, Local 133. No. 79-61 - A By-law to authorize an agreement with Dourado Properties Inc. and Vincent A. Kerrio and Vincent C. Kerrio regarding the resale of Lot 25 in the Palls Industrial Park. No. 79-62 - A By-law to establish a one foot reserve block as a public highway. No. 79-63 - A By-law to provide monies for general purposes. Carried UnanimouslZ NEW BUSINESS HIGHWAY #420 RECONSTRUCTION Alderman Herrerr requested a report on the statue of work on the ee~e.7 - 7 - """V ............ reconstruction of Highway #420. The Director of Municipal Works stated that the rate of progress appears to be reasonable, however he would check on the matter. TAX ARREARS Alderman Cummings asked when the report on tax arrears would be presented to Council. His Worship, Mayor Thomson advised that the matter would be considered by the Finance Committee once the budget discussions have been finalized. BUILDING COMMITTEE - NIAGARA FRONTIER HUMANE SOCIETY His Worship, Mayor Thomson advised that the Board of Directors for the H,,mnne Society has established a building committee for their new facility and has asked that the Building & Development Co-ordinator serve on that committee. In response to a question raised by Alderman Merrett, the Mayor indicated that most of the work has already been completed and Mr. Johnston's involvement would be minimal. It was moved by Alderman MacBain, seconded by Alderman Fera, that the Building & Development Co-ordinator be authorized to serve on the Niagara Frontier Humane Society Building Committee. Carried Unanimously. COMMITTEE OF ADJUSTMENT His Worship, Mayor Thomson stated that when appointments were made to the various boards and committees in December, some persons were appointed to committees that did not necessarily have a great deal of experience or knowledge that could be of assistance in a particular committee's function. One such committee was the Committee of Adjustment, and the Mayor felt that time should be taken to have the members of the Committee briefed by various officials in the City Nall on the policies, proccduras and past circumstances with respect to operation of that Committee. Mayor Thomson pointed out the importance of the decisions the Committee must make, and asked that Council authorize the various officials in City Hall involved in the work of the Committee to brief the newer members of the Committee of Adjustment. It was moved by Alderman Cummings, seconded by Alderman Fera, that the recom- mendation of His Worship, Mayor Thomson be adopted. Carried Unanimously. DRAINAGE PROBLEM - SARAH STREET Alderman Dilts advised that Mr. Bullied and Mr. Tiffin of Sarah Street had contacted him regarding the drainage problem in front of their properties. When this matter had last been before Council, it had been indicated that a storm sewer was required on City property, but the two individuals had been opposed to signing any agreements to take responsibility away from the City should the sewers back up on to their property. They had now been asked to come to the City Hall respecting this~Agreement. The Design & Construction Engineer stated that Council directed that some type of agreement be prepared and that the agreement be signed prior to the sewer being installed. The D~rector of Municipal Works aldo advised that he felt it would be desirable on the roadway as far as the agreement if there was going to be a connection from their property since there could be problems. If the City's catchbasin were to freeze and the sewer backed up into the residents' pipe, they could sue the City. Alderman Dilts pointed out that the residents had brought the storm drainage out to City property, and it was not fair to ask them to sign an agreement protecting the City. The Director of Municipal Works stated that if the residents would be satisfied with a catchbasin, part of which would be their system, there would be no problem. However, if they want the system completely on their property, there would have to be an agreement. If the catchbasin is on City property and the lead freezes, the problem would then be on the road allowance. Alderman Dilts felt that this would be acceptable to the residents, and advised that he would notify them accordingly. DRAINAGE PROBLEM - LAMONT AVENUE Alderman Dilts referred to the drainage problem experienced by a Mr. Maxfield on Lamont Avenue, and stated that it had been the decision of Council that staff would contact the developer in an effort to resolve the problem. The Alderman stated that it did not appear any progress had been -8- made on the matter. The Director of Municipal Works stated that there should have been some contact made with the developer and indicated that he would check into the matter further. There was a condition in the sale of lots in that area that the owners would not obstruct any drainage system set up. The developer had told the property owner who had obstructed the system to remove the blockage. It was the understanding of the Director of Municipal Works that the resident in question was to have removed the blockage, however it was indicated that the matter would be investigated further. SETTLEMENT WITH LOCAL 528, NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS The Personnel Officer announced that Local 528, Niagara Falls Professional Fire Fighters had Just notified him that the proposed settlement reached by the negotiating committees had been ratified. The terms of the settlement were: 1) 5.25% increase across the board retroactive to January 1, 1979, and a further 3.1% increase effective July let, 1979.2) 5 weeks vacation after 20 years, 6 weeks vacation after 30 years; 3) Inclusion of a Technological Change clause. BY-LAW ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that leave be granted to introduce the following by-law and the by-law be read a first time: No. 79-64 - A By-law to authorize an agreement with Niagara Falls Professional Fire Fighters, Local 528 of the InCeraa~ional A~socia~ion of FiFe Fighters, Carried Unanimousl! ORDERED on the motion of Alderman Fera, seconded by Alderman Cuwanings, that the following by-law be now read a second and third time: No. 79-64 - A By-law to authorize an agreement with.._Niagara'Falls Professional Fire Fighters, Local 528 of the International Association of Fire Fighters. It was moved by Alderman Cummings, seconded by Alderman Orr, that the meeting adjourn to budget session. Carried Unanimously. READ AND ADOPTED, COUNCIL MEETING WAYNE THO~ON Council Chambers · April 23, 1979 Council reconvened in formal session on Monday, April 23, 1979, following a meeting in budget session on the motion of Alderman Cheesman, seconded by Alderman Cummings. All members of Council were present with the exception of Alderman Schisler. His Worship, Mayor Thomson presided as Chairman. 1979 OPERATING BUDGET AND 1979 PARKING FUND BUDGET It was moved by Alderman Puttick, seconded by Alderman MacBain, that the 1979 Operating Budget, as amended, and the 1979 Parking Fund Budget, be ado Carried Unanimously. - 9 - It was moved by Alderman MacBain, seconded by Alderman Cheesman, that the meeting adjourn. READ AND ADOPTED, .... ' J.~NSON,~'C~E~' ' MAYOR WAYNE THONSON FOURTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 April 30, 1979 Council met on Monday, April 30, 1979 at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Orr and Sobol. Alderman Merrett presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting.. ,~AAau,a , READ AND ADOPTED, MAYOR WAYNE THOMSON Council Chambers April 30, 1979 Council met on Monday, April 30, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Orr. His Worship, Mayor Thomson presided as Chairman. Alderman Wallman offered the Opening Prayer. PRESENTATION OF TRAINING COURSE CERTIFICATES His Worship, Mayor Thomson presented certificates for 1978-79 training courses to Mr. J. Cerminara, Mr. I. Hayward, Mr. F. Higgins and Mr. F. Mazzei. Mr. A. Judge, Mr. M. Cerminara, Mr. N. Walroth, Mr. N. Hare, Mr. S. Hotton, Mr. J. Bernardi, Mr. Z. All, Mr. D. Foster and Mr. S. Toth who were not present at the meeting will also receive certificates for training courses successfully completed. DEPUTATION N.P.H.B. I~UND DEVELOPM~NTS LTD. - ASCOT WOODS SUBDIVISION, STAGE 2 PHASE I Report No. 255 - City Manager - The repprt states that if Council approves the development of new subdivision lands within the Shriner's Creek drainage area prior to award of the control dam contract, the following points should be given serious consideration: 1) The Minister of Housing should be requested to change the conditions of approval for the subdivisions to allow the development of the subdivisions before the Shriner's Creek scheme is implemented; 2) The Regional Municipality of Niagara should be petitioned for a similar approval; 3) A suitable condition should be included in the Subdivision Agreements to ensure that any new policy of Council relating to backyard drainage forms part of the Subdivision Agreement; 4) The subdividers must agree to indemnify the City against any lo88 or claim resulting from this approval relating to any drainage type complaints; claims from contractors resulting from stop work orders because of any injunctions etc., any other claims for damages; 5) The Developer of the subject subdivision should also agree to one or two lots being left in the existing subdivision for implementing some type of sedimentation control for the entire development of properties, including the next phases of the Ascot Woods Subdivision construction. Mr. J. Long of Damas & Smith, consulting engineers for N.P.H.B. Lend Developmeats Ltd., was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Wallman. Mr. Long stated that the lands owned by N.P.H.B. Land Developments originally consisted of approximately 110 acres, of which 75 acres immediately adjacent to Kalar Road have been developed. When the lands were proposed for development, the ShrineriB Creek problem was ideatilled end in order to overcome objections on ~uereased run-off and sedimentatiou pick-up from the development~ it was decided to eliminate a number of lots from the subdivision and construct a retention pond. There is a large area which has normal size pipes entering the pond and a very small pipe out of the pond. The discharge rate is slower than normal because of the smaller pipe. Mr. Long explained that the same rate of run-off that existed prior to development of the land, had to be maintained. The preliminary design for the system was somewhat overdesigned, and during a receE{ detailed review, it was found that the retention pond could adequately accommo-, date run-off from the extended area and not allow any more discharge from the pond than it is currently allowed to discharge. With respect to sediment control, Mr. Long explained that what is presently provided in the Ascot Woods Subdivision is a small example of what will be Shriner's Creek, damming back the creek and holding off storm run-off and sediment control. There are three areas of sediment control that the subdivision offers: 1) a retention pond; 2) a storm sewer system (which has been designed for a much larger drainage area); and 3) small sediment areas at each of the catchbasins where the lots drain through the installation of straw bale dams. The straw bale dams would act as filters to prevent sediment from running into the sewer system. Mr. Long advised that N.P.H.B. Land Developments Ltd. would further agree to sodd all lots as a requirement of development. The existing sewer would be cleaned of silt in order to act as a trap for further siltation. It was felt that with the sodding of lots, sedimentation traps at the catchbasins siltation pick-up in the sewer system and the retention pond, a very considerable effort would be made to control run-off and sedimentation. Mr. Long stated that with these measures, there would be no effect on Shriner's Creek. In response to a question raised by Alderman MacBain, the Director of Municipal Works stated that Ascot Woods is the only subdivision in the City with a retention pond. The anticipated depth of water would be 3' under design conditions and the entire area would be fenced as a means of control as far as children are concerned. The flow rate would be 20 c.f.s. and it would not take long for the water to drain out. Mr. Long stated that a peak storm on an average of one every year would drain in less than thirty minutes following the end of the storm. The Director of Municipal Works explained that he could not make a recommendation on the request since he had given evidence at hearings that no new development would take place until implementation of Shriner's Creek. His Worship, Mayor Thomson asked if the circumstances of the lsat three months would have changed that position since the hearing. The Director of Municipal Works replied that earlier there had been no financing scheme approved, however since the last hearing date, Council had agreed to pay its share of the total scheme as had the Niagara Peninsula Conservation Authority. ,.., Alderman Puttick asked if approval of the request would give cause to those individuals who previously objected to do so again. The Director of Municipal Works stated that was the reason the City had asked for indemaificati~ The Deputy City Solicitor stated that in view of the fact the condition now reads implementation of Shriner's Creek, certainly an amendment to the conditi~:i' imposed by the Minister would be necessary. That could open up another run of those who may object to the new condition. In response to a question raised by Alderman Cheesman, the Director of Municipal Works stated that Lots 70 and 71 running west of Lexington Court would contain an easement to accommodate the 72" diameter storm sewer. Those lots would be held off until such time as an entire plan has been developed and the City would then use that area for open channel and ~edimentation tra similar to Shriner's Creek providing sediment control for the whole subdivistPon.!- Alderman Chessman commented that approval of the request could be considered as a precedent as far as the Taro and Sunnyaide Subdivisions were concerned. The Alderman asked if there had been any discussion reSarding the possibility of those subdivisions having the same kind of retention pond. The Director of Municipal Works explained that there are different types of control, but both subdivisions should be under the same kind of control as far as sedimentation was concerned. It was further advised that the Ontario Municipal Board had notified the City that the solicitor for the developers of Sunnyside Subdivision had requested a hearing on whether the subdivisions should be allowed to proceed in spite of the condition. Alderman Sobol stated that she felt the word "implementation" meant the system would be in operation, The Alde~nmn referred to a similar situation involving the Ramada Inn application when the applicants had requested relief from the condition on the storm sewer system being in operation, and Council hnd allowed the proposal to proceed providing the contract was awarded. Alderman Sobol asked if it was the policy of the City that award of the contract be the definition of the word "implementation". The Director of Municipal Works stated that the word "implementation" allowed for an interpretation of the contract being called and awarded. The lands have been acquired, all costs are known and the only thing to stop construction would be a strike with the contractor being unable to complete the job. Construction in the subdivisions would parallel construction of the control dams. Alderman Schisler asked what assurance there would be that there would be no increase in water flow, and pointed out that many of the residents along Shriner's Creek now complain because water is cutting away their banks, and the force of the water is washing away trees and bushes. Mr. Long stated that the amount of water coming out of the pond is controlled by the pipes on the discharge side, and he was not aware that since the retention pond had been constructed that the pipe had discharged. If there were a severe storm and the retention pond was not adequate, it would overflow. Mr. Long was satisfied that that type of stormwould only occur once every ten or fifteen years. The system was not designed for more severe conditions when none of the system would work. Alderman Sobol stated that one of the complaints from residents was that the rate of discharge was too fast and their properties' were flooding even though there is the retention pond. Mr. Long advised that the retention pond has retarded run-off compared to the run-off prior to the pond being built. In response to a further question, Mr. Long stated that the level of the pond was just a few inches at this time. Alderman Schisler stated that he did not feel he could support all three subdivisions, and suggested that approval could open the door for all developers in the area. Mayor Thomson pointed out that the subject subdivision involves a very small development and the developer was planning to put the retention pond on their property. In the agreement regarding construction of Shriner's Creek, acknowledgement was made of the difficulties of the builders if the project did not proceed immediately, and Council had passed a resolution advising the City would assist the developers as quickly as possible to ease their financial burden. The Mayor felt this was not the same as other developments who cannot retain the water on their own property. Alderman Cheesman indicated that he ~as sympathetic with the request since the term "implementation" was the City's word and the definition was the City's. Mr. Long had shown that the area if allowed to develop would make no greater burden upon the system than there is at present. The Alderman was also concerned with the long term financial implications for the developers if the project sits idle much longer, and the eventual cost to home owners. Alderman Chessman stated that as far as the other subdivisions were concerned, requests from those developers would be~ considered on an individual basis. Alderman Puttick agreed that the City had to co-operate with the developers at this point because of the investments made. The Alderman suggested that if there were objections and another hearing was required, the City could back off at that point. Alderman Puttick felt there was no sense in putting the City to further cost. In response to a question raised by the Mayor, Mr. Long explained that large bales of straw would be placed around the catchbasins which would allow water to percolate through and stop sediment. They will be maintained and replaced as needed. Following further discussion, it was moved by Alderman Cheesman, seconded by Alderman Cummings, that development of the Ascot Woods Stage II, Phase I Subdivision be allowed to proceed prior to the implementation of the Shriner's Creek Alternative 8 scheme, subject to the five conditions outlined in the report, and also subject to the developer sodding all lots in the proposed subdivision. Carried Unanimously. NIAGARA FALLS BUSINESS & INDUSTRIAL GROWTH AGENCY INC. - TWINNING WITH MAINZ Mr, A. van der Harst was granted permission to address Council on the motion of Alderman MacBain, seconded by Alderman CubninEs. Mr. van der Harst advised that the Board of Directors of the Agency had discussed the possible twinning of Niagara Falls with Mainz, Germany on several occasions. The Agency supported the suggestion of twinninE with Matnz, and Mr. van der Harst -4- stated that although Mainz has twinned with several other cities, that is not unusual. Twinning with Mainz would be important not only from a cultural and social point of view, but because of the advertising Niagara Falls would receive in Germany as a result. Mr. van der Harst felt that with the great efforts being made to attract industry from Europe, such a move would be in the best interests of the City. It was also pointed out that when a city is chosen an an undeveloped country for twinning, quite often assistance is asked in setting up municipal government. Mr. van der Marst requested that Council support the suggestion, and since Mr. Montgomery was presently in Europe, he could report to the Council of Mainz directly. In response to a suggestion of Alderman Puttick regarding visits to Germany, Mayor Thomson stated that if there was a twinning situation with Mainz, there would be encouragement for individuals to visit that city, however it would not be official and would have nothing to do with any member of Council. Alderman Puttick asked if Mr. Hristow had abandoned his efforts in selecting a city to twin with Niagara Falls. The Mayor explained that he felt Mr. Hristow was still working on this matter, and pointed out that since Mainz had twinned with other cities, there was no reason Niagara Falls could not do the same thing. Alderman Chessman agreed it was quite in order for cities to have links with other cities, and suggested that this could be considered as one of the many activities planned on the occasion of the City's 75th Anniversary. Following further conmeat, it was moved by Alderman Chessman, seconded by Alderman Merrett, that an official letter be sent to the Mayor of Mainz confirming the willingness of the City of Niagara Fails to twin. Carried Unanimously. Alderman Cummings requested that Mr. Hristow be notified of Council's action as soon as possible. NIAGARA FALLS HYDRO COMMISSION - RESTRUCTURING OF HYDRO IN REGIONAL NIAGARA His Worship, Mayor Thomson advised that he ha~'~een notified by the Provincial representative, Mr. V. Kerrio that the reoganization of municipal hydro electric services in Regional Niagara will be considered by the Province the next day. Because of their knowledge, the Mayor advised that he had requested members of the Niagara Falls Hydro Commission to make a presentation to Council on the matter. Mr. G. Burley was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Cummings.. Mr. Burley advised that he had appeared before Council previously to obtain Council's support for the retention of the local Hydro Commission, and Council had been quite co-operative in the past. Mr. Burley explained that the Commission would like to keep the present Commission intact as well as the Chippawa Public Utilities Commission. This would result in a seven person commission including the Mayor to implement the organization of the now Niagara Falls Commission, the Chippaws Public Utilities Commission, the Canadian Niagara Power Company and the 640 rural customers served by Ontario Hydro, under one commission. Mr. Burley advised that the Commission will be in attendance when the Bill is presented, and would like the support of Council in recommending that the Niagara Falls Commission and the Chippaws P.U.C. merge until the election of a Commission in 1980. The present Commissions would be in effect until the end of 1979 regardless of what action the Province takes. Mr. Burley pointed out that if a new Commission is establishet the new members will not have the experience of the present'Commissioners that would be necessary to oversee the reorganization to take plane. The present Commission has been working on the reorganization for seven years. Mr. Burley also commented that the Bill states that one of the Commissioners would represent the 640 rural customers, and he could not see the necessity of this since once the new commission takes over, all customers in the City will pay the same rates. It was moved by Alderman Schisler, seconded by Alderman ~cBain, that Council support the continuation of the amalgamated Commissions until the election of a new Co~nission in 1980. Carried Unanimously. ~UNFINISHED BUSINESS 1979 OPERATING BUDGET Report No. 256 - City Hanager - The report recommends passage of byelaws -5- to provide for the appropriations for the year 1979, to fix the rates of taxation for 1979 and to provide for the levying of taxes, to provide for the collection of taxes for the year 1979, and to grant a municipal tax credit for the assistance of elderly residents of $100. Alderman Chessman stated that he was under the impression that new sources of tax revenue would not be used for municipal expenditures, and at the end of the year would be recognized as new money not already spent. The Alderman felt there should be a policy that new sources of revenue as they come on stream, be held in reserve until such time as they are explicitly released by Council. If there are matters of great concern, Alderman Cheesman felt they could be dealt with when and if they occur, however these new monies should be considered as new revenue and should not be reflected in the expenditures of the year. ,Mayor Thomson agreed with Alderman Cheesman's and commented that because of the budget discussions, he hoped there would be no overspending on any budget until such time as it is brought to Council's attention, and done at the direction of Council. Alderman Merrett suggested that when a department appears to be running into an over-budget situation, the matter should be reported directly to the Finance Committee or Council before any funds are spent. Alderman Puttick stated that the procedural by-law with respect to the duties of the City Manager, outlines specifically that he is to bring to Council the financial picture of the City. The Alderman stated that when the Finance Department was painted, he had known where the money came from and that it had been shifted around. Mayor Thomson stated that there had been a report to Council suggesting that funds be used for that purpose. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Merrett, that the matter of new revenue through additional assessment, and overspending on budgets, be referred to the Finance Committee for consideration. Carried Unanimously. It was then moved by Alderman Sobol, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-laws Nos. 79-65, 79-66, 79-67 and 79-68. NIAGARA ESCARPMENT COMMISSION - DEVELOPMENT PERMIT, FRUITBELT TRUCKING INC. WEST SIDE OF STANLEY AVENUE, SOUTH OF HIGHWAY #405 Report No. 257 - City Manager - The report recommends that staff be authorized to use the procedure in existence for site plans under Development Control, which is routinely used to cover landscaping, setbacks, road widenings, parking, road paving, etc. in consultation with the Niagara Escarpment Commission and other agencies in order to cover the City's concerns. ORDERED on the motion of Alderman ~ummipgs, seconded by Alderman Merrett, that the report be received and adopted. T~e motion Carried with Alderman Puttick voting contrary, and all others voting in favour. REGIONAL MUNICIPALITY OF NIAGARA OFFICIAL PLAN URBAN AREAS BOUNDARIES AND APPLICATION TO THE ONTARIO MUNICIPAL BOARD BY KLYDEL HOLDINGS INC. AND DELTAN tLEALTY LTD. FOR A REHEARING OF REFERRAL NOS. 48, 59, 50 AND 51, IN THE CITY OF THOROLD Report No. 258 - City Manager - The report advises that Klydel Holdings Inc. and Deltan Realty Ltd. are requesting the Ontario Municipal Board to rehear Referral Area Nos. 48, 49, 50 and 51 located in the City of Thorold. ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that the report be received and filed. Carried Unanimously. PUBLIC HEARING - MAY 7Ttl, .1979 Report No. 259 - Mayor Wayne Thomson.~---The report advises that the public hearing concerning the City Manager will be held at 4:30 p.m. on Monday, MAy 7, 1979 in the Council Chambers. Due to the importance of the matter, all members of Council are expected to be attendance. His Worship, Mayor ~lomson stated that he had been advised that Alderman Orr had gone on vacation and would not be back for the hearing on MAy 7th. Due to the importance of the matter, the Mayor felt that all members of Council should be in attendance and suggested that the date of the hearing be changed to May 14th, 1979. -6- In response to a question raised by Alderman Cummings, the Mayor stated that he had been advised of Alderman Orr's absence by telephone earlier in the day, and that a message had been left for the Alderman to call as soon as possible. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that the public hearing concerning the City Manager be held on Monday, May 14tb 1979. Carried Unanimously. PRESENTATION OF DRAFT ZONING BY-LAW Report No. 260 - Mayor Wayne Thomson - The report advises that a Joint meeting of Council and the Planning & Development Committee will be held on Wednesday, May 23, 1979 at 4:30 p.m. to review draft zoning by-law. All members of Council are requested to be in attendance. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. COMMUNICATIONS No. 94 - Local Businesses - Re: Proposed Charges, Sanitary Landfill Site. The communication expresses objection to the proposed charge fees for dumping material at the sanitary landfill site. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the communication be referred to the Landfill Site Committee to deal with at the next meeting of the Committee. Carried Unanimously. No. 95 - Mr. A.F. Shoppard - Re: John Allan Park. The communication advises that Marine Wonderland & Animal Park Ltd. has expressed an interest in acquirin. the 26 acres of land at the corner of Stanley Avenue and Chippawa Parkway known as John Allan Park at a fair appraised value. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the communication be referred to staff for the preparation of a report. Carrio: Unanimously. No. 96 - Fairline Boats Ltd. - Re: Tariff Board Repe-r~ on Pleasure Craft. The communication protests the continuation of the Tariff Board Report on pleasure craft and the Order in Council in its present form now that larger boats are being produced in Canada. His Worship, Ma~or Thomson suggested that the communication be referred to staff to prepare a suitable resolution requesting the Federal Member of Parliament and the Federal Government to review and possibly make Canadian pleasure craft manufacturers as competitive as foreign builders. Alderman Puttick suggested that the matter be discussed with officials of the Niagara Falls Business & Industrial Growth Agency Inc. who may be able to provide additional assistance. ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that the matter be referred to staff and the Niagara Falls Business & Industrial Growth Agency Inc. Carried Unanimously. No. 97 - Niagara District Health Council - Re: Ambulance Service, City of Niagara Falls. The communication states that any comment on the possible divestment of the service by the Ministry of Health is premature, and advises that the Niagara District Health Council cannot support the City's request that no change be made to the present ambulance delivery system. Mayor Thomson stated that as a result of the previous discussion on this matter and the Council's resolution asking that the present service be continued, the communication from the Health Council had been received. The Mayor pointed out that the Health Council indicates that the City's comments are premature, and then through a survey indicates that the service be put out to private entrepreneurs, totally and completely contrary to what Council was trying to do. Mr. A. Hicks of the Niagara Falls Ambulance Service, was granted to address Council on the motion of Alderman Herrerr, seconded by adennan Cunmings. Mr. Hicks stated that he had a copy of the statistics prepared in 1977 which were based on call volume in the years 1971-74, and indicated that he had opposed the statistics'at that time. The survey was prepared by students from Niagara College, who Mr. Hicks felt had no idea of howan ambulance service should be operated. Mr. Hicks co~nented that of all his employees~ only two had not written their Provincial examinations, and those -7- two would be writing this July. Mr. Hicks felt no other service in the peninsula could compare to the Niagara Falls Service. If and when the Ministry of Health decides to divest itself of the Niagara Falls ambulance service, Mr. Hicks stated that he would tender a proposal to the Ministry to take over the service so that the City can continue to enjoy the services provided at present. Regional Councillor Mitchelson stated that the Health Council was requested by the ~nistry of Health to prepare the study. No action has been taken on the study to evaluate the degrees of health and ambulance service throughout the Region. Mr. Mitchelson further stated that under no circumstances should there be a lowering of quality of the service, and it was his understanding the ~nistry had not made any decision to divest itself of the services. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Fera, that the communication be received and filed. Carried Unanimously. REPORTS No. 261 - Planning & Development Committee - Re: City Representative on the Regional Niagara Housing Advisory Committee. The report recommends the appointment of Mr. A. ~hcklem in addition to the Planning Director to the Regional Niagara Housing Advisory Committee. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 262 - Planning & Development Committee - Re: Planning Department Annual Report 1978. The report provides information dealing with the planning and development which took place in the City of Niagara Falls in 1978 and indicates trends for the years ahead. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. NOTE: Aldermen Chessman and Cummings were absent when the vote was taken on this matter. No. 263 - City Manager - Re: Niagara Region Transportation Review. The report recommends that the Regional Planning Committee be advised that Council concurs with Planning Department staff contributing time to the Region~s Transportation Study. ORDERED on the motion of klderman Fera, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. NOTE: Aldermen Cheesman and Cummings were absent when the vote was taken on this matter. No. 264 - City Manager - Re: By-laws to Remove Part Lot Control - Request of Seifried Builders. The report recomme~hs approval of a procedure for review of requests to remove part lot control where established lots are being changed to permit enlargement or reduction of lot size or re-arrangement of established lots in plans of subdivision. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. NOTE: Alderman Cummings was absent when the vote was taken on this matter, No. 265 - City Clerk - Re: By-law 78-231, Acquisition and Clearance of Land in the Ryerson-Market Redevelopmerit Area. The report advises that the Ontario Municipal Board has appointed Thursday, May 31st, 1979 at 11:00 a.m. in the City Hall Council Chambers for the hearing of all persons ~nterested in supporting or opposing the subject application. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 266 - City Manager - Re: 1979 Joint Annual Conference of A.W.W.A. and O.M.W,A. The report recommends the attendance of two members of staff and one member of Council at the subject conference to be held in Mamilton from May 27 - 30, 1979. Alderman Schieler felt that many of the matters considered at a conference of this nature would be rather difficult for laymen to comprehend, and the attendance of an alderman would not be of as much use as members of staff. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman that two members of staff be authorized to attend the conference. Carried O~nimously. -8- No. 267 - City ,Manager - Re: Municipal Fire Departments Instructors' Association. The report recommends that the Director of Training and Assistant Training Officer be authorized to attend the subject seminar to be held in Hamilton from May 28 - 30, 1979. Alderman Chessman referred to one of the topics for a workshop discussion entitled "Some Coping Tactics for Stress and Anxiety" and asked how this topic entered into the conference. Alderman Puttick advised that he had recently watched a news prograrmne concerning police officers, and the stress and anxiety experienced by the families of such employees, and suggested that similar problems could be experienced by Fire Department employees and their families. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 268 - City Manager - Re: Annual Conference - Purchasing Management Associat:~i of Canada. The report recommends the attendance of the Purchasing Agent at the subject conference to be held in Calgary, Alberta from June 6 - 8, 1979. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. No. 269 - City ~nager - Re: Ontario Arenas Association Conference. The report recommends the attendance of two members of staff and one member of Council at the subject conference to he held lust. Catharines from June 22-24, 1979. Alderman Cummings suggested that rather than a member of Council attending! that the Arena Foreman be authorized to attend the conference. ORDERED on the motion of Alderman Puttick, seconded by Alderman Herrerr, that three members of staff, one of whom will be the Arena Foreman, be authorized to attend the conference. Carried Unanimously. No. 270 - City Manager - Re: Special Tourist Edition, Niagara Falls Review. The report advises that the Niagara Fails Review has been asked to subscribe to a full page of the special edition at a cost of $~,,812.32 or a one-half page at $1,406.16. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report be received and filed, and the City not participate in the Special Tourist Edition. The~ motion Carried with the following vote: AYE: Aldermen Cummings, Dilts, Puttick, Schisler, Sobol and Wallman. ~AYE: Aldermen Chessman, Fera, Hinsperger, MacBain and Herrerr. No. 271 - City Manager - Re: Falls Industrial Park Extension. The report recommends that Council approve the request for reserve on Lot 1 in the Falls Industrial Park Extension to Mr. R. Spironello until July I7, 1979 and that City officials be authorized to process the reserve. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 272 - City Manager - Re: Contract R.C. 25-78, Glenview N.I.P. Area Watermain, Sanitary Sewer, Storm Sewer, Road Reconstruction and Sidewalk Repairs. The report recommends approval of a proposal to install a sanitary sewer subject to four conditions. Alderman Sobol asked why the City would not be re-tendering the work since the contractorts intended installation was different than what was requested in the contract documents. The Director of Municipal Works stated that the tender was awarded at the end of 1978 for replacing the existing sewers, and the contractor had moved certain pipe on to the site and found the soil conditions much more adverse than had been anticipated. Th~ approach was then made to the City with the suggested alternative scheme. In response to a question raised by Alderman Schisler, the Director of Municipal Works stated that the contractor will have to dig shafts down into the ground and place the plastic pipe through the shafts. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted, Carried Unanimously. No. 273 - City Manager - Re: 1979 Operating Budget - Portage Read from Delaware to Stanley. The report recon~ends that Portage Road from Delaware to Staniey be taken out of the 1979 cold planing and asphalt overlay program and this street be treated with a modified double surface treatment in 1979; that Frederica Street from Drun~nond to Glenholme and Simcoe from Crysler to Palmet be put back again in the 1979 asphalt overlay program; and that consideration be given in future budgets for the inclusion of Portage Road from Delaware to Stanley for complete road reconstruction. In response to a question raised by Alderman Merrett, the Director of Municipal Works stated that 3/8" stone is used for normal surface treatment, however for modified double surface treatment uses 1/2" or less to absorb more emulsion material, with a second layer of 3/8" stone. Alderman Puttick asked if the work on Frederica Street would be done after construction on the Q.E.W. has been completed. The Director of Municipal Works stated that the Q.E.W. construction is expected to be completed by June 15th and the work on Frederica would take place after that time. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 274 - City Manager - Re: Stop & Yield Signs. The report recommends preparation of a by-law to allow the erection of a yield sign on the eastbound approach of Corry Crescent and Rapelie, and the erection of stop signs on the westbound intersection of Bosserr Road at Beck Road, at both the eastbound and westbound approaches of Bossert Road at King Road and on both the westbound and eastbound approaches of Marshall Road at Ort Road. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No._275 - City Manager - Re: Intersection of Glengate and Maplewood. The report recommends that no change be made in the control of the intersection of Glengate and Maplewood and that a copy of the report and attachments be forwarded to Mr. G. Davis who had requested a four-way stop at the subject intersection. Alderman Herrerr stated that despite the technical information supplied on the use of stop signs, he felt the installation of a stop sign would slow - traffic down on this street. The Director of Municipal Works stated that according to studies made, vehicles accelerating after having stopped for a stop sign, were found to be travelling as fast, if not faster, within 250 ft. of the stop sign, than if there were no stop sign at all. In other words, nothing was achieved by erecting a stop sign and causing traffic to be moving faster for a certain portion of the roadway. The question of energy conservation could also be considered a factor in not erecting further stop signs. Alderman Herrerr felt that the four-way stop should be tried because of the safety hazard at the intersection. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that a four-way stop be installed at the intersection of Glengate and Maplewood, and the report be received and filed. The motion Carried with the following vote: AYE; Aldermen Cummings, Dilts, Fera, Hinsperger, MacBain, Herrerr, Puttick, Sobol and Wallman. NAYE: Aldermen Chessman and Schisler. No. 276 - City Manager - Re: Parking Meters. The report recommends that Council confirm the action of staff in purchasing 42 double-headed meters and 14 single-headed meters in the amount of $18,873.82. ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 277 - City Manager - Re: Guide Signs. The report recommends that the request of the Main & Ferry Business Association for the erection of a guide sign.at the intersection of the Niagara Parkway with Murray Hill be forwarded to the Niagara Parks Commission for consideration. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 278 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. Alderman Puttick suggested that either Cheque #3797 or #3798 be withdrawn, which was the cheque for registration of himself at the Ontario Traffic Conference since he would not be going. The City Treasurer advised that Alderman Herrerr would be attending the conference, and the amount was for registration. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. - l0 - CO~flJNICATION No. 98 - Niagara Falls Lions Club - Re: Rainbow ~79 Lions Convention. The conununication requests permission of the City to apply for a liquor licence 'to be run in conjunction with dances to be held on June let, 2nd and 4th, 1979. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the request be granted subject to similar approvals being received from the Fire Department, Regional Police, Health Unit and L.L.B.O. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cununings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-65 - A By-law to provide for the appropriations for the year 1979. No. 79-66 - A By-law to fix the rates of taxation for 1979 and to provide for t[ levying of taxes. No. 79-67 - A By-law to provide for the collection of taxes for the year 1979. No. 79-68 - A By-law to amend By-law No. 74-84 to authorize the granting of a municipal tax credit for the assistance of elderly residents. No. 79-69 - A By-law to provide for the remuneration of the Mayor. No. 79-70 - A By-law to authorize the conveyance of land to Leonard William Wigley and also to authorize the conveyance of land to the Regional Municipality of Niagara. No. 79-71 - A By-law to provide monies for general purposes. Carried with AIde all others voting favour. ORDERED on the motion of Alderman Chsesman, seconded by Alderman Merrett, that the following by-laws be now read a second and third time: No. 79-65 - A By-law to provide for the appropriati~ps for the year 1979. .No. 79-66 - A By-law to fix the rates of taxation for 1979 and to provide for levying of taxes. No. 79-67 - A By-law to provide for the collection of taxes for the year 1979. No~ 79-68 - A By-law to amend By-law No. 74-84 to authorize the granting of a municipal tax credit for the assistance of elderly residents. .N°· 79-69 - A By-law to provide for the,remuneration of theMayor. .No, 79-70 - A By-law to authorize the conveyance of land to Leonard William Wigley and also to authorize the conveyance of land to the Regional Municipality of Niagara. No. 79-71 - A By-law to provide monies for general purposes, , NE~ BUSINESS LINCOLN AND WELLAND REGIMENT - FREEDOM OF THE CITY Carried with Alder~ Puttick voting contl on By-law 79-69, all others voting fayour, Alderman Cheesman referred to plans made in honour of the 75th Anniversary of the City and in recognition of the Lincoln & Welland Regiment for June 3, 19i The. Freedom of the.City will be extended to the Regiment at 10~00 a.m., - 11 - by a service at Christ Church at 11:00 a.m., and a luncheon at the Niagara Falls Club. STOP SIGNS - ST. CLAIR/JEPSON/PALMERAREA Alderman Cheesman advised that there are three stop signs within the area of St. Clair and Jepson near the Palmer Avenue extension, and asked if one could possibly be removed now that the extension of Palmer runs through to the Downtown area. The Director of Municipal indicated that he would check into the matter. ACCOMMODATION FOR THE PHYSICALLY HANDICAPPED Alderman Puttick advised that he had received a call from a physically handicapped person in the process of selling her home. The person involved was a senior citizen and was trying to move into an apartment, but she could not find proper acconunodation. The Alderman stated that there are many persons who are physically handicapped that wish to live on their own, however due to the lack of adequate facilities, it is difficult to find living quarters that are suitable. Alderman Puttick commented that Hamilton and Toronto have by-laws indicating that so many units in a building must be suitable for persons in wheel chairs, and suggested that Council give consideration to such a by-law. The Alderman further stated that he knew of three persons who would be happy to address Council on the matter. It was moved by Alderman Puttick, seconded by Alderman Cheesman, that the matter be referred to staff for the preparation of a report. Carried Unanimously. MUNICIPAL CONFLICT OF INTEREST Alderman Merrett stated that he had suggested earlier that a meeting be held to discuss the conflict of interest provisions in the Municipal Act, and. asked if arrangements could be made to arrange such a meeting. The City Clerk advised that he had copies of the presentation made at the seminar for new councillors, and indicated that Council set a date for the meeting. PARKING ON KITCHENER STREET Alderman Fera asked if consideration could be given to removing a part of the parking restrictions on Kitchener Street in the area of the hospital. Parking at the Professional Building was becoming crowded, and additional parking was required. It was moved by Alderman Fare, seconded by Alderman Puttick, that the matter be referred to staff for the preparation of a report. Carried Unanimously. SEWER PROBLEM- MCRAEAND OTTAWA ' Alderman Cummings advised that MrZ'S. Robefro who lives on the corner of MoRse and Ottawa, was experiencing a problem with the sewer backing up into his basement. The Mayor stated that the matter had been referred to staff for a report. Alderman Cummings indicated that he felt the report made by staff was not acceptable. The City sewer which is 35' from Mr. Robertors house backs up into his basement, and when the City comes down to clear the sewer, the obstruction is reached in the middle of the road, not on his property. In contacting the Service Centre, Alderman Cummings stated that the explanation given was that there is not a great enough fall from Mr. Roberto's house to the main sewer. Alderman Cummings explained that the house had been there for 33 years, and that no problem had started until 9 years ago. Under the sewer by-law, any part of the sewer lateral on public streets will be maintained or repaired at the Cityts expense. Alderman Cummings asked if there could be a further report on the matter and that Mr. Robefro be contacted. Alderman Puttick stated that one of the suggestions in the report was that Mr. Roberto run his bathroom tissue under the tap, and if it does not break, he should change the brand since the paper could be blocking the line. The Alderman also advised that Mr. Robefro was not aware that hie lateral was level with the sewer. Alderman Puttick felt that the City could not tear up the street and lower the sewer to accommodate Mr. Robefro, but that some effort should be made to help solve the problem. The Director of Municipal Works stated that the individual should be responsible for his line right out to the sewer, and the intent was if repairs are necessary on the City eider the City would take care of them, but if the problem is caused by something inside the building, it is the ownerrs responsibility... The sewer itself on - 12 - McRae was very shallow and the Director of Municipal Works felt that was part of the problem. It was further advised that frequent flushing would help, and if something is put in that will plug the line, it does not matter which side of the street line the blockage is found, it is the owner's responsibility. The Director of Municipal Works further stated that according to the record of occurrences, blockages have occurred usually once a year, and the problem was not constant. It was moved by Alderman Cummings, seconded by Alderman Puttick, that the matter be referred to staff for the preparation of a report. Carried Unanimously. TODD REZONING ON WILLOUGHBY DRIVE Alderman Wallman advised that he had received a number of calls from persons asking about the proposed wrecking yard on Willoughby Drive, and when Council would be making a decision on the matter. The Planning Director advised that the solicitor for Mr. Todd was experiencing legal difficulties in the matter, and it was suggested that the matter could be updated at the next Planning & Development Committee meeting. It was moved by Alderman Wallman, seconded by Alderman Sobol, that the matter be referred to the Planning & Development Committee. Carried Unanimously. ROADS WEST OF THE Q.E.W., FORMER TOWNSHIP OF WILLOUGHBY Alderman Wallman stated that when access from roads to the west of the Q.E.W. was closed by the M.T.C., people living in that area were experienci~j difficulties in having things delivered and explaining exactly how to get to their homes. The Alderman asked if it would be possible to have signs in the general area directing people to the roads running east and west of the Q.E.W. so that people coming to the area can locate residences in the area. It was moved by Alderman Wallman, seconded by Alderman Schisler, that the matter be referred to staff for the preparation of a report. Carried Unanimousl~ SCHEDULE OF MEETINGS It was moved by Alderman Fera, seconded by Alderm~n Merrett, that a regular meeting be held on May 7, 1979, that the special hearing regarding the City Manager be held on May 14, 1979, that no regular meeting be held on May 22, 1979 and that the Joint meeting of Council and the Planning and Development Committee be held on May 23, 1979, and that a regular meeting of Council be held on'May 28, 1979. The motion Carried with Alderman Cummings voting contrary, and all others voting in favour. It was moved by Alderman Cheesman, seconded by Alderman Fera, that the meeting adjourn to Committee of the Whole. Carried Unanimously. MAYOR WAYNE THOMSON COM~ Committee Room #1 April 30, 1979 Council met in Co~tttee of the Whole on Monday, April 30, 1979 following a regular meeting of Council. All members of Council were present with the exception of Alderman Orr. Alderman Herrerr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ,, ~,, MAYOR WAYNE THOMSON - 13 - COUNCIL MEETING Council Chambers April 30, 1979 Council reconvened in formal session on Monday, April 30, 1979 following a meeting in Committee of the Whole. All members of Council were present with the exception of Alderman Orr. His Worship, Mayor Thomson presided as Chairman. The meeting adjourned. READ AND ADOPTED, 'C&iI, SSN' &i'Y'CiEi'Y °' ' \ s m FIFTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 May 7, 1979 Council met on Monday, May 7, 1979 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Merrett and Orr. Alderman Macgain presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, COLLINSON, CITY CLERK MAYOR WAYNE THOMSON~ REGULAR Council Chambers MAy 7, 1979 Council met on Monday, Pl&y ~, 1979, at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Merrett and Orr. His Worship, Mayor Thomson presided as Chairman. Alderman Chessman offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick referred to the matter dealt with at the last Council meeting regarding the possible sale of John Allan Park and the reconnnendation of Council that the matter be referred to staff for the preparation of a report. The Alderman hoped that the essence of the report should not be on the sale of the property, but rather that the City may retain the park, and suggested that the matter was not a staff decision. Mayor Thomson stated that the solicitor for Marine Wonderland & Animal Park Ltd.' had expressed the interest in purchasing the park, and that the request was referred to staff because of a difference of opinion on the amount of use of the lands. The Mayor agreed that at this point the ~mpression has not been given that the land will be sold, since the matter requires a Council decision. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the minutes of the meetings held on April 17th and April 23rd, 1979, be adopted as printed. Carried Unanimously. DEPUTATION MR. S. ROBERTO - SEWER PROBLEM ON MCRAE STREET Alderman Cummings stated that at the last meeting, the sewer problem on McRae Street was brought to the attention of Council, and was referred by Council to staff for the preparation of a report. Only himself and Alderman Puttick had received a copy of the report, when the request had been for all members of Council to receive a report. Alderman Cummings stated that in the original report, the indication was that Mr. Roberto's lateral was level with the aewer. A survey team was sent out to the property to determine whether the line was level. The house has existed for over thirty years and problems have only been experienced for the last nine years. Alderman Cummings felt this indicated there was a problem in the ground. The report indicated that of all the times the line was cleaned out, at no time did the blockage occur on Mr. Roberto's property. According to the sewer by-law, the portion of the lateral on City property will be maintained~ repaired or replaced at the City's expense. Alderman Cummings indicated his disappointment with the report provided, and the fact the report for the entire Council was not ready for submission. Alderman Puttick stated that he had spoken to the Maintenance and Operations Engineer earlier in the day, and he had indicated that there 2 had not been sufficient time to have the report prepared. There was new information that there had been a blockage at seventeen feet, which had never been mentioned previously. The Alderman stated that every time a new report was written on the matter, the information changes, and was of the opinion that the attempt is being made to have the by-law changed so that the City ts not responsible. The Maintenance & Operations Engineer stated that the latest information he had received was on the Friday afternoon of the previous week, and he had been unable to prepare a report in time to have it sent out to the Council. In September of 1977, there was a blockage found at fourteen feet from the clean-out, and the problem encountered is that with the equipment used to clean laterals, it is difficult to determine exactly where the blockage is located. The equipment can actually push the blockage ahead. The Maintenance & Operations Engineer stated that on April 26th the sewer was cleaned completely from the house to the main sewer, and it was now a question of whether the City should dig now or wait and see if the problem continues. If a single hole is dug, the cost would be $800, however if it must be determined whether the problem is between the main and the property line, the cost could be as high as $1800. If the problem is not on the City section, Council would have to decide who would pay the cost. In response to a question raised by Alderman Cummings, the Maintenance and Operations Engineer stated that the crew cannot tell whether the cleaning equipment has pushed the blockage from private property onto the City's section, since the blockage will only lodge in the pipe when there is enough sewage in front. The last time there was a blockage at this property was nineteen months previously and on two previous occasions they were two years and twenty months apart. The Maintenance & Operations Engineer indicated that this problem can occur within half a year or within two years, and is not uncommon anywhere in the City. In response to a question raised by the Mayor, the Maintenance & Operations Engineer indicated that he had planned to attend the meeting for several other items, however Alderman Puttick had asked him to attend and give a verbal explanation on why the repotJ;_on the matter was not sent out on the previous Friday. Alderman Schisler suggested that the hand-type cleaner be used since it could clear up the problem of exactly where the blockage is located. The Maintenance & Operations Engineer advised that the equipment referred to was quite small and could easily go over the blockage. Alderman Puttick stated that he had originally learned that the drop from the manhole cover to the house was six feet, however staff were now saying that the drop was two and a half feet from the hous~ to the sewer. The Maintenance & Operations Engineer stated that it would have to be determined whether the lateral had been attached to the main sewer with a riser or dropped abruptly at the main sewer, and since he had no record of who had built the house, there was a problem in determining how the connection was made without digging. Mr. S. Robefro was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Fete. Mr. Robefro stated that each time he had called the City has come up with different excuses, such as using the wrong kind of bathroom tissue, asking the residents not to put sanitary napkins in the toilet, or that if roots were causing the problem, they would come back on the machine. Mr. Robefro stated that he had never seen roots come back on the machine, and agreed that the problem could be a bad Joint. Mr. Robefro requested that the City fix it if on the City side, and he would take care of his side. Alderman Sobol asked if any of Mr. Robertol neighbouts were experiencing similar problems, however Mr. Robefro did not know if this was so. The Maintenance & Operations Engineer asked if Mr. Robert~ had seen the installation of the lateral. Mr. Roberto stated that hie father had, and the Maintenance & Operations Engineer indicated that he would speak to the father in an attempt to determine what type of connection was made. t{ayor Thomson indicated that several minor matters had to be dealt with prior to the public hearing on May 14th, and suggested that a report could be brought in at that time. Alderman Cummings stated that he understood why the second report had not been ready, but asked why the other members of Council did not receive copies of the original report. The Maintenance & operations Engineer stated that he had misunderstood Council's request at the previous meeting, thinking that the report would be to provide additional information. ORDERED on the motion of Alderman Puttick, seconded by Alderman Dilts, that staff prepare a report for consideration in one week. Carried Unanimously. -3- UNFINISHED BUSINESS SURPLUS SCHOOL BOARD PROPERTIES, WELLAND COUNTY ROFLAN CATHOLIC SEPARATE SCHOOL BOARD Report No. 279 - City Manager - The report recommends: 1) That Council confirm its interest in approximately five acres of the Mount Carmel Site and inform the Welland County Roman Catholic Separate School Board; 2) That Council request the Welland County Roman Catholic Separate School Board to provide an appraisal price for the Mount Carmel property as soon as possible; 3) That Council request the Niagara South Board of Education to extend the time for making an offer on the Falls View site until June 22nd due to the recent interest of Niagara College in the Mount Carmel Site; 4) That staff be instructed to report on the Niagara College interest in the Mount Carmel site as soon as possible; and 5) That staff be instructed to ascertain that the Hydro right-of-way is available for municipal recreation in connection with the proposed park land and Father Hennepin School. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Fera abstaining on a conflict of interest, and all others voting in favour. SPEED OF TRAINS Report No. 280 - City Manager - The report recommends that the Canadian Transport Commission be advised that the City is willing to share the cost of circuit reduction at the Swayze Drive crossing at a cost to the Municipality of $987.50. In response to a question raised by Alderman Fera, the Deputy City Clerk stated that the reduction will take place as soon as the circuit work has been done on all crossings to the east and west. The speed cannot be reduced until such work has been done. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Sobol, that . the report be received and adopted. Carried Unanimously. MAPLE LEAF VILLAGE SIGN Report No. 281 - City Manager - The report recommends that Council approve the request for a wall sign to exceed the area permitted under the sign by-law, and that the appropriate resolution be passed. Mr. J. Lobko of Donald N. Chapman's office, was granted permission to address Council on the motion of Alderman Cunnnings, seconded by Alderman Fera. Mr. Lobko referred to the display of the sign posted in the Council Chambers and noted that the plan was self-explanatory. The colour sho~m on the bottom of the display will be the colour of the wall, and the letters will be beige, with the symbol used for Maple Leaf Village to be in the colours shown. The height would be approximately one hundred and twenty feet. Alderman Puttick stated that he would like more time to look at the location of the sign and commented that he was aware of other people that had requested signs not as large and there had been concern expressed. ~yor Thomson suggested that arrangements be made with Chapmants office to go down to the location and view the area where the sign is proposed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be tabled to allow the Council an opportunity to view the location of th~ proposed sign. Carried Unanimously. CITY LANDFILL SITE Report No. 282 - Alderman M. Sobol - The report recommends that a second public meeting be held in conjunction with the Landfill Site Committee meeting on May 16th, in the Council Chambers, and that notice be advertised in the press. Mayor Thomson stated that the public hearing regarding the City Manager would be held on May 14th, and there was a possibility the hearing could continue over several days. The Mayor suggested that the date of the public meeting on the Landfill Site be postponed for a short time. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the date of the public meeting be changed to M~y 24, 1979, and that the report, as amended, be receive{ and adopted. Carried Unanimously. COMMUNICATIONS No. 99 - Social Planning Council - Re: Meeting on Social Aspects of Railway Relocation. The communication extends an invitation to Council to attend a -4- a meeting on the relationship of social and physical planning, one of the items which will be considered is the social impact analysis of proposed railway relocation for Niagara Falls. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be received and filed, and as many members of Council as possible attend. Carried Unanimously. No. 100 - Niagara Falls Bridge Commission - Re: Proposed Tramway. The communication expressed opposition to the proposed aerial tramway across the Niagara River between Niagara Falls, New York and Niagara Falls, Ontario. Alderman Dilts stated that he could not agree with ther-Con~nission that revenue would be lost because of the cable car. The Alderman felt that such a project would do nothing but good for the City and when the matter came to Council he would give the project his full support. Alderman Fera stated that the first time the matter came before Council he had been opposed, and he would continue to oppose the matter in the future. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fore, that the communication be received and filed. Carried Unanimously. No. 101 - Progressive Conservative Association, Niagara Federal Riding - Re: Use of Cummington Square. The communication requests permission to use Cummington Square in order to introduce Candidate Jake Froese to residents in the Chippawa area. ORDERED on the motion of Alderman M~n~ seconded by Alderman'Sobol, that permission be granted. The motion Carried with Alderman Chessman abstaining on a conflict of interest, and all others voting in favour. No. 102 - Ministry of Intergovernmental Affairs - Re: Local Improvement Act. The communication requests the comments of the Municipality with respect to the amendments to the Local Improvement Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fore, that the communication be referred to staff for the preparation of a report. Carried Unanimously. ___ No. 103 - Mr. G.S. Marr, Jr. and Others - Re: Sidewalks. The communication requests that sidewalks be constructed on Jupiter Boulevard with curbs next to the road's edge. Alderman C%,mmings noted that the communication states that 100% of the residents are in favour of this request, and since there would be no difference cost, he could see no reason why the request could not be approved immediately. Alderman Sobol commented that staff must have wished' to comment further on the matter, or there would not have been a recommendation to refer the matter to staff. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fore, that the communication be referred to staff for the preparation of a report. The motion Carried with Alderman Cummings voting contrary, and all others in favour. No. 104 - Niagara Parks Commission - Re: Establishment of Commercial Properties on Niagara Parkway. The communication confirms the long standing policy of the Commission in opposition to any further commercial or industrial development of lands bordering on the Niagara Parkway and further rezoning of residentiai lands to commercial or industrial uses and the grunting of access to or from any new commercial or industrial sites. Nayor Thomson commented that even though the Commission does an excellent Job in attempting to keep the Parkway in its most natural state, he did not agree personally with the subject policy of the Commission and felt the Commission should deal with each application individually rather than to adopt a blanket resolution in opposition to any development. The Nayor pointed out that in some instances, there could be valid planning reasons for a development, however under the policy, nothing would be permitted. Alderman Puttick stated that when this matter had been discussed by the Commission, he had requested that it be tabled until such time as he had an opportunity to contact the municipalities involved. The Commission had not felt this necessary, and had confirmed the policy. The Alderman advised that the Commission considered at the same meeting~ a proposed motel on River Rued, and had oppoaed the proposal on the basis of the policy. Nayor Thomson advieed that there had been a new motel in the Chippawa area that had attempted to Set a second access, and the policy atate~ that 5 no new access even from an existing motel would be granted. The Commission had suggested that because the motel was adjacent to the Water Treatment Plant, that application be made to the Region to obtain access. The Region had not been opposed providing the Commission was not opposed. The Mayor felt that the position taken by the Commission would stifle development, and he hoped this was not an attempt to monopolize the tourist business for the Commission's own ends. The Mayor suggested that the matter be referred to the City Solicitor for a report on the legality of restricting uses and whether or not the Commission can carry through its policy. Alderman Puttick stated that the Commission's main objection bad been that the motel was on a curve, and in regard to a canopy constructed. The Alderman advised that he had requested that the members of ths Commission drive by and look at the building since taking the canopy off the building would destroy the whole look of the building. The members of the Commission would not do so, and there was now an order for the canopy to be torn down. With respect to the curve, Alderman Puttick stated that he had reminded the Commission of the curve at Fallsview for the Incline Railway. Following further conment, it was moved by Alderman Puttick, seconded by Alderman Dilts, that the communication be referred to the City Solicitor for an opinion on the legality of the policy of the Commission. Carried Unanimously. No. 283 - Planning & Development Committee - Re: ~-4/79, City of Niagara Falls and Niagara South Board of Education, Bast Side Dorchester Road. The report recommends approval of the application, and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. ORDERED on the motion of Alderman Sobel, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See Resolution No. 38 See By-law No. 79-~2 No. 284 - Planning & Development Committee - Re: ~M-8/79, V. White, 6631 Thorold Stone Road (Gales Gas Bar). The report recommends approval of a site plan agreement prior to approval of the application subject to Development Control and that Council certify by resolution, that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the 1/dnister of Housing. Mrs. E. Gordon advised that she had several letters from some of the residents on St. Peter who were in objection but were unable to attend the meeting. It was ~s. Gordon~s understanding that some of the people who were in favour of the application at the' Planning & Development Committee meeting did not live in the area, although one individual who lived in another area did own a property nearby. Mrs. Cordon indicated that she objected very strongly because there is a great deal of traffic at the moment, and even though there are signs posted prohibiting trucks from using St. Peter, they use the street constantly. In response to a question raised by Alderman Fera, Mrs. Gordon stated that the application would not necessarily increase traffic, but it would do nothing to enhance her property. She pointed out as well that rather than proceeding down to the traffic lights at Stamford centre, trucks will go down St. Peter and out the other way. Mrs. Gordon also felt there would be noise from repairs, likely until late at night. Alderman Fera doubted that conditions would be any worse than they are at present if the application were approved, and in fact, he felt the proposal would improve the area. The Alderman felt that Mr. ~ite should not be denied the right to earn a living. Alderman Dilts stated that his main concern was the fact more residential property in the City was being zoned commercial, when the Downtown Study had indicated that the City had more commercial property than was required. The Aldern|an was also concerned over the limited number of parking spaces, particularly when large gas tankers would be delivering gasoline. Alderman Sobol commented that ehe had approved of the application because the business would be a one-man operation. The Alderman did not feel the proposal would be adding to the problem of commercial space in the City, and in looking at the e~te~ she could not see that it was suited for anything better. -6- addition, Alderman Sobel had asked the applicant previously if he was going to service trucks at the garage, and the applicant had indicated he would not. The Alderman pointed out that there would still be tankers unloading gasoline whether or not the application was approved. In response to a question raised by Alderman Puttick, the Planning DirectoI advised that road widening would only be taken in front of the applicant's property. The Design & Construction Engineer further stated that if future applications were received, similar requests for road widening strips would be made, however in this instance, the road widening applies only to the property in question. Alderman Puttick stated that the traffic on St. Peter is unbearable at times, and even though signs were erected to prohibit truck traffic, the majority of trucks ignore the sign particularly in the morning. The Alderman also stated that no garage operation was going to have planters and flowers when cars could be parked there to be serviced. Alderman Puttick felt that cars would be parked on the streets waiting to be serviced. Mr. R. Spirehello, agent for the applicant, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Hinsperger. Mr, Sptronello advised that the property presently has a two-bay service garage which is presently vacant. Mr. White's intention is to operate the service garage as the sole mechanic. Mr. Spirehello commented that he could not see how a service station would increase traffic on St. Peter and -suggested that with strict control on the location of driveway entrances and the installation of islands, traffic could be controlled to an acceptable level. With respect to parking, Mr. Spirehello stated that cars could not be parked a~l over the lot because it would interfere with the sale of gas. In response to a question raised by Alderman Schisler, Mr. Spirehello advised that he doubted one mechanic could handle as many as ten cars in one day, and that perhaps seven or eight cars could be double-parked on the property. Alderman Cheesman expressed concern over Mr. Spironello's suggestion of double-parked vehicles when the site plan called for five parking spaces. Following further discussion, it was moved by Alderman Hinsperger, seconde~ by Alderman Dilts, that the application be denied. The motion was Defeated with the following vote: AYE: Aldermen Chess.man, Dilts, Hinsperger, Puttick and Wallman. NAYE: Aldermen Cummings, Fore, MacBain, Schisler, Sobel and Mayor Thomson. It was then moved by Alderman Fera, seconded by Alderman Sobel that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cummings, Fore, MacBain, Sobel, Schfsler and Mayor Thomson. NAYE: Aldermen Chessman, Dilts, Ninsperger, Puttick and Wallman. No. 285 - City Manager - Re: Pits and Quarries Control Amendment Act. The report provides additional information concerning a request for support of a proposed amendment to the Pits and Quarries Control Act, 1971. It is recommended that the communication from the Borough of Scarborough be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 286 - City Manager - Re: 41st Conference - Association of Municipal Clerks and Treasurers. The report recommends the attendance of the City Clerk and City Treasurer at the subject conference to be held in Toronto from June 17th to June 20, 1979. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 287 - City Manager - Re: 42nd Annual Conference - Federation of Canadian Municipalities. The report recommends the attendance of Mayor Thomson at the subject conference to be held in Quebec City from June 3 - 6, 1979. ORDERED on the motion of AldernmnMacBain, seconded by Alderman Hineperger, that the report be received and adopted. Carried Unanimously. No. 288 - City Manager - Re: Lot 23, Falls Industrial Park. The report recommends approval of the purchase of Lot 23 in the Falls Industrial Park by Mr. Larry Vaughan fur the sum of $30,250. ORDERED on the ~otion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 79~ -7- No. 289 - City Manager - Re: Regional Trunk Watermain Extension from blontrose Road to Dorchester/Oldfield Roads. The report recommends that the City's share of the subject construction in the amount of $9,826.30, be approved for payment from the Expansion and Renewal Fund. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cumnings, that the report be received and adopted. Carried Unanimously. NOTE: Alderman Dilts was absent when the vote was taken on this matter. No. 290 - City Manager - Re: Aldemmanlc Representatives - Chamber of Commerce. The report requests that Council appoint five members as the aldermanic representatives to the Chamber of Commerce. In response to a question raised by Alderman Cummings, the City Manager advised that the cost of membership in the Chamber was $500 per year. Mr. van der Harst advised that the membership fee is based on the number of persons employed by a firm, not the number of voting delegates. The me~ers are required to meet once a year to elect the Chamber's Board of Directors. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Schisler, that Aldermen Cummings, Dilts, Fera, Sobel and Wallman be appointed as the aldermanic representatives to the Chamber of Commerce. Carried Unanimously. No. 291 - City Manager - Re: Possible Disposal of Surplus Municipal Property South Side of Gallinger Street between Drummond and Portage. The report recommends that staff be authorized to obtain appraisals on the subject property as well as the 10' widening strip required by the Region. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 292 - City Manager - Re: Guide Signing. The report recommends that the Region be advised to erect guide signing to the Main & Ferry business area McLeod Road at Stanley Avenue and advance guide signing for Main Street at the City's expense. ORDERED on the motion of Alderman Sobel, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 293 - City Manager - Re: Building Permits. The report provides a description of permits issued in April having an estimated building value over $50,000, as well as a breakdown of all permits issued during the month of April, 1979 as compared to 1978. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dllts, that the communication be received and filed. Carried Unanimously. No. 294 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer provided additional information on Cheques #3884, #3887, #3888, #3891, and #3895 in response to questions raised. Alderman Puttick asked for an explanation of Cheque #3918. The City Treasurer advised that the cheque was in payment for the installation of mufflers on three vehicles. Alderman Puttick asked that the cheque be held, and that a report be supplied on a breakdown of the invoice. ORDERED on the motion of Alderman Sobel, seconded by Alderman Schister, that Cheque #3918 bd deleted for payment, and that the report, as amended, be received and adopted. The motion Carried with Alderman Puttick abstaining on a conflict of interest on Cheque #3918, and all others voting in favour. No. 295 - City Manager - Re: 4737 Fourth Avenue, Mr. J.J. McKinnon. The report provides information on the history of the subject property, and etatea that based upon all of the history of the matter, it would appear an amendment to the zoning by-law would be required to permit any type of commercial operation to take place at this location. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. '296 - City Manager - Re: Firemen's Park Extension. The report recommends that the City pay the 1979 taxes in the estimated amount of SlaG00 for the period January l, 1979 to the date of registration. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fete, that the report be received and adopted. The motion qarried with Alderman Cummings abstaining on a conflict of interest, and all others voting in fayour. -8- No. 297 - City Manager - Re: Lots 51 and 52, Falls Industrial Park. The report recommends that the Legal Department be authorized to repurchase Lots 51 and 52 in the Falls Industrial Park for $48,752. In response to a question raised by Alderman MacBain, the City Manager stated that the account containing funds from the sale of lands in the Falls Industrial Park is one of the few continuing accounts. All monies from the sale of such lands are held in the account, and used for servicing costs in the subdivision. The City ~tanager further indicated that the balance in the account was around $180,000 the last time he checked, and was collecting interest. ORDERED on the motion of Alderman Cheesman, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously. See By-law No. 79-8C RESOLUTION No. 38 - SOBOL - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-72 for the rezoning of part of Township Lot 188, situated on the east side of Dorchester Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 39 - FERA - SOBOL - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-lawNo. 79-73 for the rezoning of lands situated on the northwest corner of Thorold Stone Road and St. Peter Avenue, conforms to Official Flan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be he~eto affixed. Carried with the following vote: AYE: Aldermen Cummings, Fern, ~cBain, Sobol, Schisler and Mayor Thomson. NAYE: Aldermen Chessman, Dilts, Hinsperger, Puttickand Wallman. No. 40 - FBRA - CUMMINGS - RESOLVED that a message of condolence be forwarded to the family of the late Mr. John Egli, father of Mrs. Rosemary Sharpe of the City Clerk's Department, and a respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 41 - SOBOL - CUb~INGS - RESOLVED that the Weed Inspector of the City of Niagara Falls be directed to cause noxious weeds or ~eed seeds on any aubdivided portion of the Municipality and lots not exceeding ten acres, whether or not the lots are part of a subdivision, to be destroyed in the manner prescribed in the regulations made under The Weed Control Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 42 - SCHISLBR - WALLMAN - RESOLVED THAT WHEREAS numerous requests have beem received by the Council of the City of Niagara Falls to eliminate the long dietenos charges made on intra-eity calls incurred by those residents of the Municipality living in the former Township of Crowland; and WHEREAS representatives of Bell Canada have indicated that such charges could be eliminated by the enlargement of the existing extended area service to include the City of Welland; NOW THEREFORE BE IT RESOLVBD that the Council of the Corporation of the City of Niagara Falls hereby petition Bell Canada to re-examine the feasibility of enlarging the existing extended calling area to include the City of Welland; AND BE IT FURTHER RESOLVED that the Councils of the City of~ St. Catharines and the City of Welland be asked to endorse this request; AND the Seal of the Corporation be hereto affixed. ' Carried with Alderm~ Hinsperger abstainin on a conflict of let and all others votin favour. BY-LAWS ORDERED on the motion of A~derman Cuwmtngs, seconded by Alderman Fera, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-72 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Ai~-4/79) No. 79-73 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (~M-8/79, V. ~ite) No. 79-76 No. 79-77 No. 79-78 No. 79-74 - A By-law to authorize the execution of a site plan agreement with Gale*s Gas Bars Limited. No. 79-75 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lot 23 - L. Vaughan) - A By-law to authorize a renewal of the lease of the old City Hall. - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Bosserr Road, Marshall Road, Maplewood Avenue, Maplewood Crescent, Glengate Street) - A By-law to amend By-law No. 6340 providing for the erection of Yield~ Right-of-Way signs at certain intersections in the Municipality. ; (Corry Crescent) No. 79-79 No. 79.-80 - A By-law to provide monies for general purposes. - A By-law to authorize the repurchase of lands in the Falls Industrial Park. (Lots 51 and 52) Carried with Aldermen Cheesman, Dilts, Hins- perger, Puttick and Wallman voting contrary on By-laws 79-73 and 79-74, and all others voting in favour. ORDERED on the motion of Alderman Fern, seconded by Alderman Schisler, that the following by-laws be now read a second and third time: No. 79-72 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-4/79) No. 79-73 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-8/79, V. White) No. 79-74 - A By-law to authorize the execution of a site plan agreement with Gale*s Gas Bars Limited. No. 79-75 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lot 23, L. Vaughan) No. 79-76 - A By-law to authorize a renewal of the lease of the old City Hall. No. 79-77 - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Bosserr Road, Marshall Road, Maplewood Avenue, Maplewood Crescent, Glengate Street) No. 79-78 - A By-law to amend By-law No. 6340 providing for.the erection of Yield Right-of-Way signs at certain intersections in the Municipality. (Corry Crescent) No. 79-79 - A By-law to provide monies for General Purposes. No. 79-80 - A By-law to authorize the repurchase of lands in the Falls Industrial Park. (Lots 51 and 52) Carried with Aldermen theeamen, Dilts, Hins- perget, Puttick and Wallman voting contrary on By-laws 79-73 and 79-74, and all others voting in favour. - 10 - NEW BUSINESS PROPOSED SEWAGE LAGOON FORMER TOWNSHIP OF WILLOUGHBY In response to a question raised by Alderman Schisler, Alderman Wallman indicated that he had distributed copies of a newspaper article regarding a proposal by the Town of Fort Erie to locate a sewage lagoon in the former Township of Willoughby. The Alderman indicated that he wanted the members of Council to be aware the matter was being considered, and that there would likely be opposition to the proposal. Mayor Thomson provided some additional information, and indicated that a rezoning application had been received earlier in the day on the matter. The matter would have to come before Council and there would be full opportunity for discussion prior to any decision being reached. MESSAGE OF CONDOLENCE It was moved by Alderman Cummings, seconded by Alderman Sobol, that a message of condolence be forwarded to the family of the late Mr. Tom Brant, a respected member of the community. Carried Unanimously. RUBBISH PICK-UP Alderman Cummings stated that he had thought the rubbish pick-up would be commencing after the long weekend, and he had seen the notice in the newspap~ that it would be commencing shortly. The Maintenance & Operations Engineer stated that the collection started this week and would be completed the next week. The collection was originally scheduled for the weeks following Easter, however due to inclement weather, was postponed for several weeks. VANDALISM IN PARKS Alderman Sobol advised that she had spoken to many people who were very concerned with vandalism in parks. The Alderman state.._d that she would like to see a report showing the costs to the City in repairing the damage caused by vandals, whether or not the incidents of vandalism were increasing, and what steps can be taken to prevent or discourage vandalism in the future. Alderman Cummings suggested that input be obtained from the Recreation and the Social Planning Council. It was moved by Alderman Sobol, seconded by Alderman Schisler, that the matter be referred to staff for the preparation of a report. Carried Unanimously. NIAGARA FALLS HYDRO C01~IISSION Alderman Puttick referred to a matter dealt with by Council at the previous meeting regarding the Niagara Falls Hydro Commission, and its request for support in the continuation of the present Commission until elections were held in 1980. The Alderman felt that Council might have dealt with the matter without the benefit of sufficient information, and suggested that the matter be reconsidered. It was moved by Alderman Puttick, seconded by Alderman Fete, that the matter of support for continuation of the Niagara Falls Mydro Commission be reconsidered. Carried Unanimously. Alderman Puttick urged Council to review the matter in more detail,' and perhaps have additional information prepared for the consideration of the members. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Minsperger, that the matter be tabled for further information, Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Fera, that the meeting adjourn. Carried Unanimously. READAN DAD OPTED, COLLINSON, CITY CLERK NAYOR WAYNE THOMSON SIXTEENTH MEETING Council Chambers May 14, 1979 SPECIAL SESSION Council met on Monday, ~y 14, 1979 at 4:00 p.m. to consider general business, prior to a Public Hearing regarding the continued employment of Mr. S.R. Price, City Manager. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman MacBain offered the Opening Prayer. REPORTS No. 281 - City Manager - Re: Maple Leaf Village Sign. The report recommends approval of a large wall sign on the face of the Sheraton Motor Inn, and that an appropriate resolution be passed. OP~ERED on the motion of Alderman MacBain, seconded by Alderman Merrett, that the report be tabled for two weeks. Carried Unanimously. No. 298 - City Manager - Re: Sewer Lateral at 5342 McRae Street. The report r- provides information regarding blockages of the sewer lateral at 5342 McRae Street, and requests direction of Council regarding the work to be done and the responsibilities for the cost in Mr. Roberto's case, and whether or not the by-law should be amended to assign costs in similar future cases. Alderman Cummings indicated that he felt the City had a responsibility ' to correct the problem, since it appeared the blockages were occurring on City property. The Alderman felt the City should dig up the lateral and find out the cause of the blockages. Alderman Puttick expressed concern that a precedent could possibly be set if the City were to dig up the lateral in this case. The Maintenance & Operations Engineer stated that according to the by-law, all an individual has to do is submit a request in writing to the City for such work to be done, however there is no provision in the by-law to indicate that the City will not be responsible for the cost if the fault was not on City property. In all previous situations, the fault was on City property, however in this case, it. was not certain exactly where the problem was located. Alderman Schisler felt it should be made clear that if the fault were found on Mr. Roberto's property, the cost of repairs would be his responsibility. Mayor Thomson stated that Mr. Roberio had indicated he would be willing to pay if the problem were found on his property. In response to a question raised by Alderman Fare, the Maintenance and Operations Engineer stated that in ~6st cases, the City's equipment gets stuck at a certain point and if the blockage is measured to be within the road allowance, it was the City's responsibility. In this case, the cutter had cut through every time, making it impossible to determine exactly where the problem was occurring. Alderman Puttick suggested that the City work in consultation with Mr. Roberio to arrive at an appropriate solution. The Alderman agreed that the sewer should.be dug up, however he was concerned that there could be a precedent set, unless a suitable arrangement could be worked out with Mr. Roberio. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Dilts, that the City, in consultation with Mr. Roberio, excavate and determine the cause of the problem· Carried Unanimously. The Director of Municipal Norks suggested that the entire matter of future similar circumstances he considered by the Finance Committee. Alderman Dilts stated that he could see no reason the matter should be referred to the Finance Committee, since problems of this type were either the responsibility of the City because the Engineering Department had not done the work correctly, or the fault was on the owner's property. The Director of Municipal Works stated that the intent in referring the matter to the Finance Committee was the fact the existing byelaw allows anyone with a plugged sewer to request the City to excavate to determine if there is a break. It was felt the entire matter, particularly the question of cost, should be considered by the Connittee. Alderman Dilts was still of the opinion the City should look at each case individually and to ensure the problems are not created by the Municipality. .2 -2- The Director of Municipal Works stated that it could not necessarily be said that the City had created a problem on a private sewer lateral, it could be caused because the lateral is too old, or the problem could be with the sewer itself. Following further comment, it was moved by Alderman MacBain, seconded by Alderman Fete, that the matter be referred to the Finance Conmittee. The motion Carried with the following vote: AYE: Aldermen Cummings, Fera, Hinsperger, }~cBain, Merrett, Orr, Puttick, Schisler and Wallman. NAYE: Aldermen Dilts and Sobol. No. 299 - City Manager - Re: Bill 29, An Act to Provide for Municipal Hydro Service. The report provides additional information regarding the Hydro's application to the Legislature to have the Niagara Falls Hydro Commission and Chippawa Public Utilities Con~nission combined as one Commission to hold office until November 30, 1980. ORDERED on the motion of Alderman Puttick, seconded by Alderman MacBain, that the support indicated by City Council for continuation of the Niagara Falls Hydro Commission and Chippawa Public Utilities Commission until November 30, 1980, be withdrawn. The motion Carried with the following vote: AYE: Aldermen Dilts, Fera, Ninsperger, MacBain, Merrett, Orr, Puttick, Sobol and Wallman. NAYE: Aldermen Cummings and Schisler. No. 300 - City Manager - Re: Contract S.T. 2-79, Surface Treatment of Various City Streets. The report recommends acceptance of the prices submitted by NorJohn Contracting Ltd. for the subject contract, to a total amount not to exceed the budget amounts of $175,000. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 4~ NOTE: Alderman Cheesman arrived at the meeting. See By-law No. 79-81 Verbal Report - Mayor Wayne Thomson - Re: Rubbish Col~ction. Mayor Thomson advised that the Service Centre had received a considerable number of calls regarding the rubbish collection, and the fact material which was picked up previously, was now not being collected. Many of the calls were from senior citizens who were unable to dispose of such material themselves and felt they were being treated unfairly. Mayor Thomson indicated that he was not in fayour of the City having to remove such items as refrigerators, hot water tanks, and other major appliances, however he asked if Council would consider allowing the City's policy to not be as detailed as ~t is at present, at least for senior citizens. Alderman Puttick advised of a call he had received from a resident who had placed a bundle of tree limbs six feet in length and fourteen inches in diameter out for collection, and the City crew would not put the bundle on the truck. According to the by-law, a copy of which was on the truck, only bundles four feet long would be accepted. The resident in question had offered to place the bundle on the truck himself, however this was not permitted. The Alderman further advised that upon calling the Service Centre, a foreman was sent out to the property, cut the bundle in half and called the truck back to pick it up. While the Alderman was not critical of the employees involved because they had adhered to the provisions of the by-law, he felt the entire problem could have been solved using common sense. The Maintenance and Operations Engineer stated that By-law 6867 was very clear on exactly what materials can be collected. The amount placed in the budget for the rubbish collection was less than in 1978 due to the decision made by Council to limit the collection to those materials permitted under the By-law. The Maintenance & Operations Engineer further explained that mere small items can be held in the truck than large, and if a truck has to return to pick up other items, time is lost on the route. With respect to residents placing materials on the trucks themselves, the Maintenance & Operations Engineer advised that this was not permitted because of the possibility of injury. Alderman Dilts referred to an incident where an elderly lady had cut branches off a pine tree that were three feet in lengthy but were not bundled, however the erew would not pick up the branchea and left a card in the mailbox explaining what materials would be collected. The Alderman felt that the by-law should be used as a 8uldeline to work by, and suggested that employees use common sense when making collections. Alderman Dilts also felt it was a waste of money in having a special rubbish collection, and that such materials should be picked up on the regular garbage routes. Alderman Sobol advised that the Landfill Site Cosnittee was considering such problems, particularly the disposal of refuse, and suggested that the matter be referred to the Landfill Site Committee. Mayor Thomson pointed out that the two-week rubbish collection was presently underway, and suggested that Council agree to permit some leniency particularly with senior citizens until new guidelines were established. Alderman Sobol further suggested that the matter could be left to staff to use their own discretion. Alderman Puttick felt it was unfair to leave the matter to the discretion of staff without Council providing some direction. The Alderman agreed that the matter could be reviewed by the Landfill Site Committee, and that perhaps in 1980 consideration could be given to providing more money in the budget to handle the rubbish collection. Following further discussion, it was moved by Alderman Sobol, seconded by Alderman Dilts, that the matter be referred to the Sanitary Landfill Site Committee. Carried Unanimously. RESOLUTION No. 43 - CUMMINGS - MERRETT - RESOLVED that the unit prices submitted by Norjohn Contracting Limited for the surface treatment of various City streets, be accepted, with the total amount not to exceed the budget amounts of $175,000; AND the Seal of the Corporation' be hereto affixed. Carried Unanimously It was moved by Alderman Orr, seconded by Alderman Dilts, that the meeting adjourn to the public hearing respecting the continued employment of Mr. S.R. Price, City Manager. Carried Unanimousill ~A~. READ ANDADOPTED, MAYOR WAYNE THOMSON COUNCIL MEETING : Council Chambers May 14, 1979 Council reconvened in formal session on Monday, May 14, 1979, at 7:30 p.m. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. .REPORT No. 301 - City Manager - Re: Temporary Closing until July 31st, 1980 of Parts of Dorchester Road and The Chippawa Parkway, Conrail Drainage Channel. The report recommends passage of a by-law to authorize the subject road closings. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 79-82 BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-81 - A By-law to authorize the execution of an agreement with NorJohn Contracting Limited for surface treatment of roads. -4- No. 79-82 - A By-law to stop up and close parts of Dorchester Road and the Chippawa Parkway until July 31st, 1980. Carried Unanimously SEVENTEENTH MEETING ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the following by-laws be now read a second and third time: No. 79-81 - A By-law to authorize the execution of an agreement with NorJohn Contracting Limited for surface treatment of roads. No. 79-82 - A By-law to stop up and close parts of Dorchester Road and the Chippawa Parkway until July 31st, 1980. Carried Unanimously It was moved by Alderman Chessman, seconded by Alderman Cunmings, that the meeting adjourn to the Public Hearing respecting the continued employment of Mr. S.R. Price, City Manager. Carried Unanimously. READ ANDADOPTED, MAYOR WAYNE THOMSON Cormmittee Room #1 May 28, 1979 COMMITTEE OF THE WHOLE Council met on Monday, May 28, 1979 at 6:00 p .m. in Committee of the Whole. All members of Council were present, with the exception of Aldermen Fera and Puttick. Alderman Hinsperger presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~.. READ AND ADOPTED, , THOMSON m Council Chambers May 28, 1979 Council met on Monday, May 28, 1979 at 7:30 p.m. for the purpose of considering'general business. All members of Council were present with the exception of Aldermen Fera and Puttick. His Worship, Mayor Thomson presided. as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the minutes of the meetings held on April 30th, May 7th and May 14th, 1979, be adopted as printed. Carried Unanimously. PRESENTATION OF ACHIEVEMENT AWARDS His Worship, Mayor Thomson presented Achievement Awards to the members of the A.N. Myer Junior Jazz Band, under the direction of Mr. Gord Smaliwood. The members present to receive awards were Mark Dunn, Andy Paganin, Sandy Ritson, Jamie Barnes, Kenton Zavitz, Bill Melymuka, Mike O'Doherty, ~lldy Kaye, Creg Rodman, Mark Slinn and Pater Harris. PRESENTATION OF ROYAL CANADIAN HUMANE ASSOCIATION AWARD His Worship, Mayor Thomson presented a citation and silver medal of the Royal Canadian Humane Association to Private J.L. Walsh. The Mayor advised that Private Walsh rescued a three year old boy, a two year old boy and their father from a burning building on July 20, 1978. UNFINISHED BUSINESS CAMPING ESTABLISHMENTS Report No. 301 - City Manager - The report recommends that the provision now requiring mandatory closing of camping establishments between November 30th and March 15th be deleted, that the current license fee structure remain as is, that inspections be continued of camping establishments, but that an effort be made to have the inspections carried out at an earlier date, and that meetings be held between camping establishment operators and the Fire Inspection Department regarding specific items in the controlling by-law. Mr. Stelmaszyneki advised that he was still of the opinion the licence fee for campgrounds should be set on a more equitable basis, and suggested that there be one ltcence for tourist establishments. With respect to inspections, Mr. Stelmaszynski explained that he did not object to inspections, however he felt it was a degrading situation for highly trained professionals with nothing else to do, having to inspect such plumbing facilities. Mr. Stelmaszynski -2- also objected to the fee charged by Ontario Hydro for its annual inspection despite the fact he had only ten electrical outlets. The City Clerk commented that during the meetings held with campground operators, the strongest argument for inspections was put forth by the operators themselves who took the approach that for the safety of the travelling public, such inspections assured that the establishments would be operated at a standard considered acceptable by the Municipality. Alderman Chessman felt that ~. Stelmaszynski had a point regarding the annual fee for the electrical inspection, and suggested that Ontario Hydro be contacted and asked for an explanation or Justification of the charge. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted, and further that Ontario Hydro be requested to provide an explanation of the fee charged for annual electrical inspections. The motion Carried with His Worship, Mayor Thomson indicating his opposition, and all others voting in favour. SIDEWALKS ON JUPITER BOULEVARD, OLDEN AVENUE, GREEN BOUGHS ROAD AND WOODGATE STREET Report No. 302 - City Manager - The report outlines the reasons sidewalks are constructed at the standard location, and recommends that sidewalks be construe at the standard location, and the requests of the residents be denied. Mr. J. Gatecliff was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Merrett. Mr. Gatecliff advised that in many cases, single driveways allow only one vehicle to be parked, making it necessary for visitors to park on the roadway. Mr. Gatecliff felt that with three or four foot boulevards, more vehicles could be parked in the driveways eliminating the safety hazard of parked cars on the roadway. Another resident felt that of the ten reasons outlined in the report, seven or eight could be considered insignificant reasons for constructing sidewalks at the standard location. His Worship, Mayor Thomson suggested that the residents set up a committee provided to the residents prior to a meeting. In response to a question raised by Mr. Gatecliff, the Mayor advised that there would be sufficient time for the residents to meet with staff prior to construction. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the residents establish a committee to meet with City ?taff on the matter. Carried Unanimously. - CHIPPAWA SECONDARY PLAN - COMMENTS OF REGIONAL COUNCIL Report No. 303 - Planning & Development Committee - The report recommends: 1) That the number of multiple units not be increased; 2) That the percentage of multiple units for rental accommodation be increased to about 50% (680 units of 1,360 multiple units and 680 units of 7,290 total units); 3) That the transportation policies requested by the Regional Public Works Department be included as requested; and 4) That no action be taken in the Secondary Plan on the suggestion to incorporate the priority for development since that is a function of the Official Plan. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. ...REPORTS No, 304- City Manager - I~: Availability of Surplus M,T.C. Properties, Part of Lot 2, 1st Cross Concession, Former Township of Willoughby. The report recommends that the Ministry be advised the Municipality has no immediate use for the subject lands, and further that the Ministry be advised of the Region's interest in the possible acquisition of Parcel No. 2 for a waste stabilization pond. No, 305 - City Manager - Re: Proposed Waste Stabilization Pond - Town of Fort Erie. The report advises of an application received from the Town of Fort to rezone lands for the operation of a waste stabilization pond for the 8tevensville-Douglastown residents. Direction of Council was requested on the manner in which the application should be processed. Alderman Wallman referred to the reasons put forth by ~ort Erie on the -3- suitability of the site for a waste stabilization pond, and indicated that he took exception to the statement that the site was isolated. The Alderman pointed out that there are residents living one quarter mile downwind, and the Q.E.W. would pass within a few feet of the site. In visiting Smithvilla, the Alderman had spoken to residents who were very unhappy with a similar facility. The creek near the facility has not had fish in it since before the lagoon went into operation. Alderman Wallman presented a petition signed by forty-eight area residents who are opposed to the proposed location, and in particular, with the effluent draining into the Niagara River. Alderman Chessman indicated that he sympathized with the residents, however he was not prepared to make a decision on the matter without further information. The Alderman pointed out that such facilities are a necessary fact of life, and cautioned Council against becoming parochial minded in such matters. The Planning Director advised that the purpose of the report was to advise of the application, and to seek direction on what procedure should be followed in processing of the application. It was further advised that Council did have authority to deal with the application, however the normal route of having the Planning & Development Committee deal with the matter was also available. Alderman MacBain agreed that the matter should be brought to Council'-s attention initially, however he indicated that he would prefer to have the input of the Planning & Development Committee, as well as comment from an engineering aspect prior to making a decision. The Director of Municipal Works commented that at the Committee meeting, the Town of Fort Erie could have their consultants present to explain the proposal. If Council dealt with the application immediately, without the benefit of hearing the Town's submission, the City could be in a very unfavourable position if the matter were appealed to the Ontario Municipal Board. Following the normal procedure, the City could not be accused of not giving the application a fair hearing. · Alderman Schisler stated that there was a lot of open land available in Fort Erie for such a facility, and he did not see why Niagara Falls had to accept a facility that would be serving residents of another municipality. The Alderman suggested that if the Town of Fort Erie had an opportunity to have a large industrial complex, they would not put it in the City of Niagara Falls. Alderman Merrett agreed that if the facility were for the residents of Fort Erie, the lagoon should be located in Fort Erie, and commented that he could see no use in referring the application to the Planning & Development Commt tree if Council intended to deny the application anyway. Mr. L. Wale was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Schisler. Mr. Wale advised that he had installed the majority of river shore wells for many of the homes along the Niagara Parkway which have no other source of water supply. Pollution of the River will go to the shores an~'get into the wells, and the additional pollution from a sewage lagoon would only worsen the situation. Mr. Wale further stated that the Town of Fort Erie was presently building a treatment plant, however it was not large enough to handle the sewage from the Stevensville Douglastown area. In 1969, Mr. Wale advised that the former Ontario Water Resources Commission held hearings on proposed sewage lagoons, and at that time turned down applications on two occasions. Mrs. J. Douglas commented that the population is too dense and the land too low for a sewage lagoon. As a result, many of the residents experienced flooding every several years. Mrs. Douglas further stated that in the ten years this area has been part of the City, the only further service she has received was garbage collection, and to allow an evil smelling lagoon at her back door and run effluent across her front door would be adding insult to injury. Following further comment, a motion was made by Alderman Wallman and seconded by Alderman Schisler, that the application be denied. A subsequent motion was made by Alderman Chessman, seconded by Alderman gobol, that the matter be referred to the Planning & Development Committee. The motion to refer, which took precedence, Carried with the following vote: AYE: Aldermen Chessman, Cummings, Dilts, Hinsperger, MacEsin, gchisier and 8obol. ~AYE: Aldermen Merret~, Orr and Wallman. It was then moved by Alderman Chessman, seconded by Alderman Merrett, that the report dealing with surplus H.T.C. properties, be received and adopted. Carried Unanimously. -4- COMMUNICATIONS No. 105 - Mr. C.H. Esseltine - Re: Damage to Car, April 17, 1979. The commun- ication advises that a claim for damage sustained to a car will not be paid by Royal Insurance on the basis that the City is not considered to be liable. Mr. Easeltint expresses the opinion that the claim has been unjustly handled. The City Clerk advised that he was concerned that a City employee had authorized a tow truck to remove Mr. Esseltine's car, and indicated that he would like to investigate that aspect and whether any assurance was given thatl the City would henour the claim. Mr. Esseltine indicated that he would wait until the report had been prepared on the matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the communication be referred to staff for the preparation of a report. Carri~? Unanimously. No. 106 - Mrs. M. Healey - Re: Niagara Frontier Humane Society. The communica expresses dissatisfaction with the lack of service rendered by the Niagara Fro~ Humane Society. His Worship, Mayor Thomson advised that Mrs. Healey wished to address Council on this matter at the meeting to be held on June 11, i~9. Mrs. Heale}i stated in answer to a question asked prior to the meeting, that she had receiv~ calls from residents concerning lack of response from the Humane Society. Sew~ of these residents had indicated that they had been advised to call Mrs. Heal~ by members of Council. Alderman Schisler felt that nothing would be gained by bringing the matte: to Council, and suggested that the Council representative on the Society take Mrs. Healey to a Board of Directors meeting as a guest to discuss these proble with personnel, he felt it should be discussed in Committee of the Whole. His Worship, Mayor Thomson indicated that he would make the determination if the matter dealt with personnel and should be discusse~"in Committee of the Whole. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Hinsperger, that the matter be referred to the June llth, 1979 Council meeting. The motio: Carried with the following vote: AYE: Aldermen Cummings, Dilts, Minsperger, MacBain, Herrerr, Orr, Sobel and Wallman. NAYE: Aldermen Cheesman and Schisler. No. 107 - Mr. J.R. Lococo - Re: Rubbish Collection. The communication enclose. a bill incurred in having material disposed of which the City would not pick u~ during the rubbish collection. In response to a question raised by Alderman Cheesman, Mr. Lococo advised that the materials the City would not collect were lx4' pieces of wood and pieces of corrugated metal used for fencing. Alderman Cheesman stated that these are the type of materials the City should not be involved in collecting. The Alderman had no objection to the City removing brush and debris from yards following the winter months, but he did not feel the City should remove applia~ furniture or construction materials. Nr. Lococo felt he should not have to remove these materials since he did not have a truck and he paid taxes for this service. Alderman Cheesman replied that the City was not in the cartage - business, and that residents who have items of furniture and construction materials delivered, should also arrange to have them carted away. The City Clerk commented that the average ratepayer would feel that he is entitled to certain services, and suggested that a letter of explanation be sa to Mr. Lococo outlining the reasons for the City's policy, and that if Mr. to0 was still unsatisfied, that he be allowed to address Council again. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, that a letter of explanation of the City's policy on rubbish collection be provided to Mr. Lococo. Carried Unanimously. UNFINISHED BUSINESS - Con't... CONDITION OF DRAFT APPROVAL REGARDING SHRINER'S CREEK IN SUBDIVISIONS Report No. 306 - City Manager - The report recommends that Council approve the interpretation of the simplementation of Alternative 8 of the Shrinerts Creek Environmental Impact Study" as the date of contract award for the project, and that a copy of the report be sent to the Regional Municipality of Niagara and the Ministry of Housing for information and/or any comments. Alderman Sobel stated that Shriner's Creek was an environmentally sensitive area, which was the reason for the impact study. The Alderman advised that farmers downstream were having problems at present, and she felt in all fairness to the existing residents, the control dams should be functioning before homes were built. Alderman Schisler felt that if subdivisions were allowed to proceed, the City would be faced with lawsuits. The Alderman felt that no subdivisions should be permired until the project was functional, and advised that he had received calls from residents indicating that the system in Ascot Woods Subdivision was not working properly. Alderman Cheesman stated that the recommendation of the report was based on the assumption that construction of homes in the subdivision would parallel construction of the control dams. The intent of the recommendation was to reduce delay in construction of new housing, which would result in a lesser cost to the home owners in the long run. Alderman Schisler stated that the danger involved was that the minute a house is constructed, the ground would no longer take its share of water, and the residents downstream are very concerned about a serge. ' The Director of Municipal Works advised that Council approved the cost- sharing on the basis that development would not be held back, and the recommendation of the report was in line with that thinking. It was further explained that the retention pond to the east of Kalar Road operated on the same principle as the Alternative #8 scheme, in that the culvert runs through the dam itself and Kalar Road would be compared to the dam itself. The pond area is for the water to back up into. That concept has been approved by the Ministry of Natural Resources to control the volume of water. Alderman Merrett commented that the project has had enough unnecessary delays, and he felt that with the engineering staff, the construction could be monitored closely enough to ensure that development of subdivisions and construction of the system proceed at the same rate. It was moved by Alderman Sobel, seconded by Alderman Schisler, that the report be received and filed. The motion was'Defeated with the following vote: AYE: Aldermen Schisler and Sobel. NAYE: Aldermen Cheesman, Cumm~Rgs, Dilts, Hinsperger, MacBain, Merrett, err and Wallman. It was then moved by Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with the following vote: AY__E| Aldermen Cheesman, Cummings, Di_Lts, Hinsperger, MacBain, Herrerr, err and Wallman. ' .NAYE: Aldermen Schisler and Sobol. MAPLE LEAF VILLAGE SIGN Report No. 281 - City Manager - The report recommends approval of large wall sign on the face of the Sheraton Motor Inn, and that an appropriate resolution be passed. His Worship, Mayor Thomson indicated that he had spoken to Alderman Puttick, who was i11, and the Alderman had requested that this matter be deferred again. Alderman Herrerr stated that members of Council had viewed the proposed location for the sign several weeks ago, and he could see no reason in delaying the matter further. The Alderman indicated that this type of mural is becoming quite popular in Toronto and other cities. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Dilts voting contrary, and all others voting in favourV See Resolution No.. 4! INTERIM BACKYARD DRAINACE POLICY Report No. 307 - City Manager - The report recommends that Council approve the inclusion of suitable wording requiring subdividers to meet the conditions of the future policy in subdivisions ~hich are processed prior to the adoption of a new Backyard Drainage Policy by Council. ORDERED on the motion of Alderman NacBain, seconded by Alderman Sobel, that the report be received and adopted. Carried Unanimously. -6- YORK HANNOVER DEVELOPMENTS AND THE APPLICATION FOR JUDICIAI~ REVIEW TO SET ASIDE THE DECISION OF THE COM24ITTEE OF ADJUSTMENT OF THE CITY OF NIAGARA FALLS DATED JUNE 20, 1978 Report No. 308 - City Solicitor - The report recommends payment of the final , account of Messrs. Fasken and Calvin for legal services in acting for the City on the subject application. ORDERED on the motion of Alderman Sobol, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. NIAGARA PARKS COMMISSION RESOLUTION REGARDING ESTABLISHMENT OF FURTHER CO~24ERCIAL OR INDUSTRIAL DEVELOPMENT BORDERING ON THE NIAGARA PARKWAY Report No. 309 - Deputy City Solicitor - The report provides an opinion on the legality of a resolution passed by the Niagara Parks Commission in opposition to any further commercial or industrial development of lands bordering on the Niagara Parkway and in granting or allowing access to or from any new commercial or industrial sites. ORDERED on the motion of Alderman Cummings, seconded by Alderman MacBain, that the report be tabled for two weeks. Carried Unanimously. COMMUNICATIONS No. 108 - Niagara Transit - Re: Transit Service to Niagara Square. The communication advises in response to a request by Council, that no other transit route in the City makes a profit, and that other business areas of the City were not asked to contribute towards the deficit because no other routes in the City lose as much money as the Monday, Tuesday and Wednesday night service to Niagara Square. Alderman Dilts presented a letter from Mr. D. Torok of Niagara Square providing additional information in response to a number of points made in the letter from Niagara Transit. ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that the communication be received and filed. Carried {~l'animously. No. 109 - Greater Niagara Baseball Association - Re: Use of Parks on Sunday Mornings. The communication requests permission to commence tournament baseba~ games at Oakes Park and Houck Park at 10:00 a.m. on July 15, 1979 and August 1979. Alderman Chessman stated that several weeks previously, Council made a decision that no permits would be issued for sport events on Sundays prior to 1:30 p.m. In the Aldermanws opinion, circumstances had not altered in any way to warrant granting the request, and he suggested that an explanation be provided to the Association of the policy, and that the request be denied. Alderman Cummings pointed out that when the policy had been adopted by Council, he had voted in favour because of a comment made by Reverend Griffen that there be room for compromise in certain situations. The Alderman pointed out that many of these tournaments have taken place for years, and it would' be impossible to get all the games in without some compromise. ~lderman Mettel and Orr both indicated that the effect of the policy would force some teams to play on Sunday mornings regardless of the decision made by Council. 'Al'derman Merrett further suggested that granting approval of the use of Rouck Park wouli not present a problem to St. Andrew's Church, and that approval of the use of Oakes Park could be granted subject to events not being scheduled pri6r to noel Hie Worship, Mayor Thomson indicated that there had been a number of peopl very concerned about Sunday sports, and felt an opportunity should have been provided to those persons to comment on the request. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Sobol, that the request be denied. The motion was Defeated with the following vote: ... AYE: Aldermen Chessman, Sobol and Wallman. .NAYE: Aldermen Cummings, Dtlts, Hinsperger, MacBain, Merrett, Orr and Schfsler It was then moved by Alderman Cummings, seconded by Alderman Orr, that the request be approved, subject to no events being scheduled prior to noon at Oakes Pork. The motion Carried with the following vote: AYE: Aldermen C~m~tnge, Dllts, Rinsperger, MacBain, Merrett and Orr. NAYS: Aldermen Cheesman, Sobol and Wallman. ~ No. 110 - Chamber of Commerce - Re: Proposed No-Smoking By-law. The communication requests that Council formally discontinue all plans to introduce a No-Smoking By-law within the Municipality. Mr. T. Rigby of the Chamber of Commerce, stated that the Ontario Supreme Court had ruled that the Toronto by-law was invalid because it places the responsibility of enforcement of the by-law upon the proprietor. The City of Toronto is now proposing to make enforcement the responsibility of by-law enforcement officers. Mr. Rigby felt that for the City to hire enough by-law enforcement officers to enforce the by-law would be an extreme expenditure, and commented that Council appeared to have enough problems to resolve without creating new ones or taking action which could give rise to further problems. Mr. Rigby requested that Council abandon the idea of implementing a no-smoking by-law. Alderman Sobol suggested that the special committee studying this matter should meet again to review the matter and report back to Council on whether the City should continue plans for a no-smoking by-law. Alderman Chessman felt that to refer to the matter as being unimportant and to suggest that Council had better things to do was an incorrect appraisal of the problem. The Alderman felt that the Chamber should be on the side of the United Nations, of our medical authorities and on the side of statistics which come back to the fact smoking is most hazardous. Alderman Cheesman did not feel that by allowing clean air in certain places for people to breathe was a frivolous matter. With respect to the ruling on the Toronto by-law, Alderman Cheesman pointed out that it is the responsibility of establishments selling alcoholic beverages to enforce those regulations. The Alderman stated that there is a large number of people looking to the Council for protection and relief from the effects of smoking. In response to a previous suggestion regarding non-legislative steps to control smoking, Alderman Cheesman felt that such measures would not take place, and that the problem has reached the point that laws are needed. Alderman Cheesman indicated that he intended to pursue the matter in the future. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. No. 111 - Mr. K. Kristiansen - Re: Dominion Store Plaza. The communication outlines various problems being experienced by residents to the rear of the Dominion Store Plaza on Drummond Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman MacBain, that the matter be referred to staff for the preparation of a report. Carried Unanimously. No. 112 - Regional Municipality of Niagara - Re: Business and Industrial Development. The communication requests comments from the Municipality concerning the role of the Region in tJ~e industrial promotion field. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be referred to the Niagara Falls Business & Industrial Growth Agency Inc. for comment. Carried Unanimously. NOTE: Alderman Orr was absent when the vote was taken on this matter. No. 113 - Regional Municipality of Niagara - Re: Request for Signing Marineland Area. The communication advises that the Region is not prepared to sanction the use of "food, fuel and accommodation" signing within urban areas, that the Region is presently undertaking a comprehensive review and assessment of tourist signing needs in the Niagara Falls area including the development of appropriate signing to direct tourists in the Chippawa and Portage/McLeod areas, and that the Region will give consideration to the request for overhead guide signing at such time as the overall signing needs in this area have been determined. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that the communication be received and filed. Carried Unanimously. NOTE: Alderman Orr was absent when the vote was taken on th~e matter. No. 114 - Downtown Board of Management - Re: River Road Entrance to Downtown. The communication requests that Council approve the necessary City staff to act on a committee reviewing improvements to the River Road entrance to the Downtown area. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummin s that representatives of the Planning and Engineering Departments be authorlieS to serve on the Committee. Carried Unanimously. l: Alderman Orr was absent when the vote was .8 ~ken on this matter. "" S No. 115 - Ontario Livestock Protective Association - Re: Request for Grant. The communication requests a grant of $100 to assist the Association in reducinl livestock thefts. ORDERED on the motion of Alderman Wallman, seconded by Alderman Cummings, that a grant of $100 be given to the Ontario Livestock Protective Association. Car Unanimously. NOTE: Alderman Orr was absent when the vote was taken on this matter. No. 116 - Guaranty Trust - Re: Liquor Store,on Main Street. The communicatior~ requests support of the City for the retention of the Main Street Liquor Store. His Worship, Mayor Thomson indicated that he had not heard any comment that the L.L.B.O. was contemplating closing the store, however he suggested that the Board be contacted to determine the status of the Main Street Store. The City Manager indicated that he had spoken to Mr. Lindsay of the Guaranty Trust, and agreed that the businesses in theMain Street area should be supported. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the L.L.B.O. be contacted regarding the Main Street Liquor Store, and that the City be on record as supporting the continued operation of the Store. Carried Unanimously. No. 117 - National Secretaries Association - Re: Twenty-Fifth Anniversary Banquet. The communication requests that the City sponsor a luncheon to be held in conjunction with the District Conference. In response to a question raised by Alderman Merrett, the City Clerk indicated that the City has had very limited participation in such functions in the past. It was felt that a precedent could be set by hosting a banquet in a City such as Niagara Falls where ~o many conferences and conventions are held. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett that the request be denied, and further that His Worship-~,Mayor Thomson contact the Association to express the Cityis best wishes for the conference. Carried Unanimously. No. 118 - Paul O'Brien Electric - Re: John Allan Park. The communication expresses opposition to the proposed sale of John Allan Park to Marineland. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the communication be referred to the special committee presently investigating the request to purchase John Allan Park. Carried Unanimously. No. 119 - Mr. C.W. Beresh - Re: Niagara Volunteer Bureau Incorporation. The communication requests that Council, by resolution, consent to the proposed name of Niagara Falls Volunteer Bureau Inc. Mr. Beresh explained that the Ministry of Consumer & Commercial Relations felt the use of the word "bureau" would connote governmental involvement, and it was therefore necessary to obtain approval of the City of Niagara Falls.' ORDERED on the motion of Alderman MacBain, seconded by Alderman Cheesman, that the request be approved. Carried Unanimously. See Resolution No. No. 120 - Mr. Jake Froego, M.P. Elect - Re: Matters of Mutual Concern. communication extends an invitation to meet with the Council to discuss matters of mutual concern. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, thai Mr. Froese be thanked for his invitation to meet with Council as matters of mutual concern arise. Carried Unanimously. No. 121 - Niagara Regional Health Unit - Re: Approval of New Lots for Septic Tank Construction. The communication requests comments of the municipality on reports being circulated regarding approval of new lots for septic tank construction. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cun~ings, that the commu~ieation.be referred to staff.-for-the,preparation of a report. Carrio Unanimously. · R~EPORTS No. 310 - City Manager - Re| AN-30/78, S. Todd, 9874 Willoughby Drive. The ~p~.~t advises that certain problems are being experienced by the applicant's 9 solicitor in obtaining clearances due to encroachmerits on an adjoining lot, and once these problems have been resolved, a by-law will be presented to Council for consideration. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 311 - City Clerk - Re: AM-42/78, Objections to Zoning Amendment By-law No. 79-53, JoA.C.K. Holdings. The report advises that two letters of objection have been received following circulation of the subject by-law. In response to a question raised by Alderman Sobol, the Mayor indicated that the usual procedure followed when objections are received to a circulated zoning by-law, is to meet with the objectors and the applicant, and attempt to resolve the objections and avoid the delay and expense of an O.M.B. hearing. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that an attempt be made to resolve the objections, failing which the objections and re-affirmation of Council's approval of the application would be fom~arded to the Ontario Municipal Board. Carried Unanimously. ~9. 312 - City ~anager - Re: Development Applications - Procedure for Informing Council. The report advises of a procedure to be followed whereby developments of an unusual or contentious nature are brought to the attention of Council. ..' ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 313 - Planning & Development - Re: Metric Conversion of Planning Documents. The report recommends acceptance of the schedule of metric conversion of planning documents. ORDERED on the motion of Alderman Merrett, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 314 - City Manager - Re: T.V. Sewer Inspection & Hydraulic Cleaning of . Sewers and Culverts. The report recommends acceptance of tenders from Superior Sewer Service for T.V. inspection and from Bob Robinson Construction for hydraulic cleaning of sewers and culverts. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 46 No. 315 - City Manager - Re: Rodent Control in the City of Niagara Falls 1979-80. The report recommends acceptance of the quotation by P.C.O. Services Limited for one year from July 1, 1979 for rodent control in the City. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 47 See By-law No. 79-83 No. 316 - City Manager - Re: Rental of~quipment for Weed Control. The report recommends acceptance of the tender submitted by Mr. Earl Murchie for weed control in the City. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 48 See By-laws 79-84 and 79-85 No. 317 - City Manager - Re: Contract S.R. 4-79, 1979 Sidewalk Repairs. The report recommends acceptance of the tender submitted by Steed & Evans Limited for 1979 sidewalk repairs. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. , See Resolution No. 49 See By-law No. 79-8T' No. 318 - City Manager - Re: Contract R.C. 5-79, Finished Road Construction in Dorchester Gardens Subdivision. The report recommends acceptance of the tender submitted by Steed & Evans Limited for the subject contract. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimousl~. See Resolution No. 50 See By-lawNo. 79-8~' No. 319 - City Manager - Re: Contract A.C. 6-79, Asphalt Overlay Program. The ~aport recommends acceptance of the tender submitted by Northland Bitulithic Ltd. for the subject contract. - 10 - ORDERED on the motion of Alderman Sobol, seconded by Alderman C-mmings, that the report be received and adopted. Carried Unanimously. See Resolution No. See By-law No. 79-. No. 320 - City Manager - Re: Ice Resurfacer for Jack Bell Arena. The report recommends that the City purchase an ice resurfacer for the Jack Bell Arena from Resurfice Corporation at a price not to exceed $20,750.00, delivery from stock. Alderman Dilts stated that he could see no rush in ordering the ice resurfacer, since it would not be required until September, and suggested that the City stay with the lower price on the previously ordered equipment and wait until it can be shipped by the supplier. The Projects & Services Engines: explained that in requesting bids on the equipment, the City had asked that those bidding specify how long it would take to supply the equipment. Kelly Sales Ltd., the previous supplier, had been unable to supply the equipment w4~h~n the specified time as well as within extensions granted. The Projects and Services Engineer felt that it would be harmful to the City's tendering procedure to accept equipment from a bidder who had been so tardy in making delivery. In response to a question raised by Alderman Dilts, the Projects and Services Engineer stated that the original equipment had met specification, however because of past experience with Kelly Sales Ltd. in being unable to supply equipment, it was felt necessary to take the precaution of requiring a specific delivery date. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. No. 321 - City Manager - Re: Stop Signs. The report recommends passage of a by-law to allow the erection of stop signs on Misener Road facing northbound and southbound traffic at its intersection with Young Road. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. See By-law No. 79-! No. 322 - City Manager - Re: Cemetery Rates. The report recommends preparati0: of the necessary b~-law to amend the cemeteries by-law and tariff of charges ir accordance with revised rates to become effective September 4, 1979. ORDERED on the motion of Alderman Cu~nings, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 323 - City Manager - Re: Street Sweeping. Th~ report recommends that the additional $15,000 required to complete this year's street sweeping be taken from the ditching section of the budget. Alderman Wailman stated that the Willoughby area is difficult to drain without ditches. Since the ditching was now behind, the Alderman felt the additional funds required should be found elsewhere. The Director of Municipal Works agreed that ditching was necessary, however he felt this wa~ one area where funds could be transferred from, another being gravel resurfac~ Mayor Thomson asked if this was an indication of the problems involved with the new type of sand used, and made reference to the number of complaints being received this year. The Director of Municipal Works explained that part way through the year, the City had switched to the liner material which met M.T.C. specifications. The Streets Superintendent also advised that the new type of material packed more easily than the previous material used, and when the sweeper goes over a certain area, the sand packs underneath making it difficult to remove. In response to a further question of the Mayor, the Streets Superintendent advised that the end cost was not offsetting the use of the sand as yet, since the liner material cost more per ton than the materi~ being used. The Streets Superintendent also pointed out that the additional $15,000 required not only reflected the cost of sweeping this material from the roads, but increased rental rates as well. In response to a question raised by Alderman Dilts, the Streets Superinte explained that the rental rates are set by the M.T.C. and subsidized at the r~ of 50%. The equipment used is owned by the City and is not rented. It was further advised that there were other areas of the budget affected more 8erio~ than the sweeping section by the increased rates set by the Ministry. The Director of Municipal Works explained the system used by the Ministry for subsidizing equipment, and stated that the City took advantage of the increased equipment rental rates in order to be eligible for the increased subsidy. Alderman Schisler commented that if ditching was going to be reduced, there was no point in doing the gravel resurfacing since the road surface would deteriorate without proper ditching. The Alderman suggested that the the City patch with gravel, continue the originally scheduled ditching, and use the funds from the gravel resurfacing section of the budget to complete the street sweeping. Following further discussion, it was moved by Alderman Schisler, seconded by Alderman Wallman, that funds required for street sweeping be taken from the gravel resurfacing section of the budget, that gravel patching be done instead of resurfacing, and that the ditching be carried out as scheduled in the budget. Carried Unanimously. No. 324 - City Manager - Re: Leadership Dynamics Executive Seminar. The report advises that the Building & Development Co-ordinator has requested authority to a~tend the subject seminar to be held in Williamsburg, Virginia from June 13th to 16th, 1979. In response to a question raised by Alderman Schisler, the City Manager advised that the City did not have a policy regarding staff attendance at . conferences out of the Country. Alderman Cheesman pointed out that the request was not to attend a conference but a seminar, which was designed to improve the expertise of a member of staff in leadership. The Alderman felt it was very desirable to have quality leadership, and felt the advantages to be gained were worth the expense. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received and filed and the request denied. The motion Carried with the following vote: AYE: Aldermen Cummings, Dilts, Hinsperger, MacBain, Schisler, Sobol and Wal~man. NAYE: Aldermen Chessman, Merrett and Orr. No. 325 - City Manager - Re: R.R.A.P. Budget Allocation. The report advises that C.M.H.C. has recently increased the amount of funds available to the City for processing of Residential Rehabilitation Assistance Program applications from $S0,O00 to $187,000. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 326 - City Manager - Re: Severance Application B-234(79) for the Estate of R.E.A. Stewart on Drummond Road. The report recommends that the decision of the Land Division Committee on the subject application be appealed to the Ontario Municipal Board in accordance with Council's policy and the requirements of the City of Niagara Falls. It was further recommended that staff be authorized to discuss the matter with the applicants, with a view to obtaining the road widening without the necessity of a he~ing by the Ontario Municipal Board. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 327 - City Manager - Re: M.T.C. Subsidy on Conrail Drainage Channel Project. The report advises that formal approval has been received from the Ministry of Transportation & Communications for subsidy on the Conrail Drainage Channel Project. ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that the report be received and filed. Carried Unanimously. No. 328 - City Manager - Re: Proposed Amendments to Local Improvement Act and Repeal of Three Other Statutes. The report recommends that the Ministry of Intergovernmental Affairs be advised that the City of Niagara Falls has no objection to the proposed amendment to The Local Improvement Act or to the repeal of The Fire Extinguishment Act, The Fire Guardians Act and The Vacant Land Cultivation Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted, Carried Unanimously. No. 329 - City Manager - Re: Closing of Corfield Road and Related Traffic Matters. The report advises that a meeting will be held with Regional officials, City officials, representatives of the consulting engineers for Marineland and representatives of Marineland to discuss the plans on the possible closing of Cotfield Road. - 12 - Alderman Dilts indicated that he would be interested in attending the meeting once arranged. The Director of Municipal Works requested that any member of Council-interested in attending the meeting, contact the City Clark. ORDERED on the motion of Alderman Wallman, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. No. 330 - City Manager - Re: Investigation of Collapse of the Little Mississipp Drain System at 3654 Bridgewater Street. The report reconmends that the City pay half the cost of repairs to the subject drain, with Mr. J. Gruyich the owns: paying the remainder of the cost plus finish landscaping and sodding, at the estimated cost of $500.00. ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 331 - City Manager - Re: Conveyance of Lands - Prince Edward Avenue. The report recommends passage of a by-law authorizing the conveyance to F. Grossi Construction Ltd. of certain lands forming part of Prince Edward Avenue. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 79-9 No. 332 - City Manager - Re: Lot 2, Falls Industrial Park Extension. The report recommends approval of a reserve on Lot 2, Falls Industrial Park by Mr. K. Willjams until August 16, 1979. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 333 - City Manager - Re: Lot 20, Falls Industrial Park Extension. The report recommends approval of a reserve on Lot 20 and granting of first refusal on Lots 21 and 22 to Mr. B. Truscott, until August 15, 1979. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 334 - City Manager - Re: Water Conservation. The report, submitted at the request of the Finance Committee, reviews the need for water conservation as previously approved by Council. ORDERED on the motion of Alderman MacBain, seconded by Alderman Schisler, that the report be tabled for two weeks. Carried Unanimously. No. 335 - City Manager - Re: Easement Agreement with Ontario Hydro for 48" Diameter Storm Sewer, Lot 56, City of Niagara Falls. The report recommends passage of a by-law to authorize the execution of the subject easement agreemen'~ ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 79-9m~ No. 336 - City Manager - Re: Four Month Statement of Revenue and Expenditure. The report provided information on revenue and expenditures for the tax supported services, water supply system and parking fund for the period January 1, 1979 to April 30, 1979. Alderman MacBain mentioned that the tax arrears problem would be referred to the Finance Comm4ttee when meetings resume on a regular basis. The City Manager indicated that the matter would be on the uganda for the next meeting. ORDERED on the motion of Alderman MacBain, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 337 - City Clerk - Re: Consent Items. l) Regional Municipality of Niagara - Stevensville-Douglaet6wn Sewer System, Town of Fort Erie. Recommendation - For the information of Council. 2) Regional Municipality of Niagara - Comparison of Water Production and Sewage Flows by Municipality for the month of March, 1979. Recommendation - For the information of Council. 3) City of Niagara Palls Board of Museums - Invitation to view the display of early Niagara Falls prints at the Lundy's Lane Historical Museum. Recommendation - That the invitation be accepted, and as many members as possible attend. · 4) Indian and Northern Affairs - Heritage Preservation Program. Recommendation - For the information of Council. 5) Stamford Centre Volunteer Firemen's Association - Requesting permission to operate a tournament at Firemen's Park and to operate a beer tent. Recomendation - That the request be approved, subject to similar approvals being received from the Regional Police, Fire Department, Health Unit and L.L.B.O. - 13 - In response to a question raised by Alderman Dilts, the City Manager advised that funds were approved by the Finance Committee for repairs to the Stamford Hall. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining on a conflict of interest on item #5,"and all others voting in favour. No. 338 - City }~nager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer and City Manager provided additional information on Cheques #4130 and #4137 in response to questions raised by Aldermen Cummings and Merrett. In response to a question raised by Alderman Schisler, the City Treasurer indicated that as of the previous week, the City had not had to borrow money to pay grants to the various agencies funded by the City. It was further advised that generally, most of the agencies had not received their full grant as yet. ORDERED on the motion of Sobol, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 44 - MERRETT - CUMMINGS - RESOLVED that the application of York Harmover for a wall sign of an area in excess of one hundred and fifty square feet, but not to exceed one thousand and sixty square feet, be approved; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Dilts voting contrary and all others voting in favour. No. 45 - MACBAIN - CHEESMAN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby consents to the incorporation of a corporation under the name of NiagaraFalls Volunteer Bureau Inc.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 46 - SOBOL - CUMMINGS - RESOLVED that the tender submitted by Superior Sewer Service at 23.8¢ per foot for T.V. inspection and $40.00 per hour for delay be accepted, and further that the tender submitted by Bob Robinson Construction at 6.7¢ per foot for hydraulic cleaning of sewers and $240.00 per day for cleaning of culverts be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 47 - SOBOL - CUMMINGS - RESOLVED that the tender submitted by P.C.O. Services for rodent control, be accepted at the.quoted price of $1,680.00, plus $1.00 per extermination on private properti~s; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 48 - SOBOL - CUMMINGS - RESOLVED that the tender submitted by E. Murchie for the rental of equipment for weed control, be accepted at the quoted prices of: 1) $20.00 per hour for truck or towed sprayers under 150 gallons; 2) $20.00 per hour for truck or towed sprayers over 150 gallons; 3) $7.00 per hour for spraying with a portable tank; 4) $15.00 per hour for 40 h.p. tractors with 7 ft. sickle bars and ll ft. rotary mowers; 5) $15.00 per hour for tractors of not less than 55 h.p. with 7 ft. sickle bars and 11 ft. rotary mowers; 6) $15.00 per hour for 40 h.p. tractors with 7 ft. sickle bars and 10 ft. rotary mowers; 7) $15.00 per hour for rotorflier, plough and disc; and 6) $7.00 per hour for labour with scythe; AND the Seal of the Corporation be hereto affixed. Carried Unanimousix No, 49 - SOBOL - CUMMINGS - RESOLVED that the unit prices submitted by Steed and Evans Limited for the 1979 sidewalk repair contract, be accepted at the tendered price of $40,646.60; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslZ No. 50 - SOBOL - CUMMINGS - RESOLVED that the unit prices submitted by Steed and Evans Limited for finished road construction in Dorchester Gardens Subdivision, be accepted at the tendered price of $79~324.15; AND the Seal of the Corporation be hereto affixed. · Carried Unanimousl~ - 14 - No. 51 - SOBOL - CUMMINGS - RESOLVED that the unit prices submitted by Northla~ Bitulithic Limited for the 1979 Asphalt Overlay Contract, be accepted at the tendered price of $72,686.65; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 52 - SOBOL - CUMMINGS - RESOLVED that the quotation submitted by the Resurfice Corporation for the supply of an ice resurfacer, be accepted at the quoted price of $20,750.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~l No. 53 - SOBOL - DILTS - RESOLVED that a get well message be sent to Mr. Otto van Deurs, the Maintenance & Operations Engineer; AND the Seal of the Corporati4 be hereto affixed. Carried Unanimously{ No. 54 - SCHISLER - SOBOL - RESOLVED that pursuant to the Public Transportatioz and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy monies for transportati~f of the physically disabled in the amount of $8,198 for the Combined Capital anl Operating Assistance Programme; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl? No. 55 - CHEESMAN - MaCBAIN - RESOLVED that a get well message be sent to Alderman N. Puttick; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl7 BY-lAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that leave be granted to introduce the following by-laws, and the by-laws be read a' first time: No. 79-83 - A By-law to authorize the execution of an agreement with P.C.O. Services Ltd. for rodent control services. No. 79-84 - A By-l~w to authorize the execution of an agreement with Earl Murd! for mowing weeds on private lots. No. 79-85 - A By-law to authorize the execution of an agreement with Earl Murc~ for chemical weed control. t No. 79-86 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for sidewalk repairs. No. 79-87 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of roads. No. 79-88 - A By-law to authorize the execution of an agreement with Northland Bitulithic Limited for the application of hot mix asphalt overlays; on certain streets in the City of Niagara Falls. No. 79-89 - A By-law to amend By-law No. 7531, being a by-law to provide for ti erection of stop signs at intersections. (Misener Road at Young Re. No. 79-90 - A By-law to authorize the execution of a conveyance to F. Grossi Construction Limited of certain lands formerly forming part of Prince Edward Avenue. .NO. 79-91 - A By-law to authorize the purchase of an easement from Ontario Eyd for a storm sewer. ' No. 79-92 - A By-law to provide monies for general purposes. No. 79-93 - A By-law to authorize an agreement with Ethel Culp. No. 79-94 - A By-law to authorize the execution of an agreement with Damore Br Limited amending an agreement between the City and Damore Bros. Li dated December 18th, 1978 for the construction of watermains, sani sewex'msins, read construction and sidewalk repairs in the Glenvi~ Netghbourhood Improvement Area. Carried Unanimous! ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that the following by-laws be now read a second and third time: No. 79-83 - A By-law to authorize the execution of an agreement with P.C.O. Services Ltd. for rodent control services. No. 79-84 - A By-law to authorize the execution of an agreement with Earl Murchie for mowing weeds on private lots. No. 79-85 - A By-law to authorize the execution of an agreement with Earl Murchie for chemical weed control. No. 79-86 No. 79-87 No. 79-88 No. 79-89 No. 79-90 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for sidewalk repairs. - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of roads. - A By-law to authorize the execution of an agreement with Northland Bitulithic Limited for the application of hot mix asphalt overlays on certain streets in the City of Niagara Falls. - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Misener Road at Young Road) - A By-law to authorize the execution of a conveyance to F. Grossi Construction Limited of certain lands formerly forming part of Prince Edward Avenue. No. 79-91 - A By-law to authorize the purchase of an easement from Ontario Hydro for a storm sewer. No. 79-92 - No. 79-93 - No. 79-94 - A By-law to provide monies for general purposes. A By-law to authorize an agreement with Ethel Culp. A By-law to authorize the execution of an agreement with Damore Bros. Limited amending an agreement between the City and Demote Bros. Limited dated December 18th,.1978 for the construction of watermains, sanitary sewermains, road construction and sidewalk repairs in the Glenview Neighbourhood Improvement Area. Carried Unanimously NEW BUSINESS H{E SOCIETY Alderman Dilts referred to a decision made by Council previously to establish a special committee of Council to review the by-laws for the Humane Society, and asked if there were any members of Council interested in serving on such a committee. Alderman Hinsperger and Mayor Thomson offered to serve on the Committee with Alderman Dilts. WESTFIELD COURT Alderman Merrett advised that he had received a number of calls regarding vandalism in the Westfield Court area. The Alderman explained that previously, the Regional Police had assigned a specific officer to patrol the area, however similar action had not been repeated in subsequent years. The Alderman asked if an explanation could be obtained from the Chief of Police as to why the past program was discontinued of having a full-time police officer on patrol, and what steps he feels can be taken to reduce vandalism and theft. Alderman Merrett also suggested that the East Niagara Housing Authority also be contacted for suggestions. It was moved by Alderman Merrett, seconded by Alderman Cunm~ings, that Chief Harris of the Regional Police and the East Niagara Housing Authority be contacted on this matter. Carried Unanimously. RETAINING WALL - EAST SIDE OF VICTORIA AVENUE Alderman Merrett advised that he had received calls from a number of businesses in the Victoria Avenue area, complaining about the condition of the retaining wall adjacent to the railroad tracks on Victoria Avenue between Clifton Hill and Palmet Avenue. The Alderman asked if some steps could be - 16 - taken to have the area cleaned up and the wall painted. The Director of Municipal Works indicated that he would contact the Railway authorities on the matter. ST. MARY'S STREET PARKING Alderman Merrett advised that he had received calls from residents on Mar's St. y Street regarding cars parking on the street overnight in the area of the Sinnicks Street apartment building complex. The Alderman requested that staff contact the Regional Police and ask them to enforce the overnight parking regulations. PROPOSED REGIONAL WASTE REDUCTION FACILITY Alderman Sobol referred to a study sbeing undertaken by the Region on the feasibility of a waste reduction facility to provide energy to sell to Ontario Paper. The Region at present is attempting to obtain the necessary approvals from the various Provincial Ministries, in particular, the Ministry of Energy. The Alderman advised that the Region requires the approval of the municipaliti,i involved for using municipal garbage in the facility. The Alderman indicated that such approval would be in principle, and subject to the projected future cost of disposing garbage not exceeding landfill site costs in the future. The Director of Municipal Works advised that the Sanitary Landfill Site Committ had a ty c na g nw an "price was right" and subject to the City using its own site m i ef~ becoming involved in the operation of such a facility. In response to a question raised by Mayor Thomson, the Director of Municipal Works stated that the Region would assume the cost of the study in the amount of $100,000, and will also require a guarantee of garbage· It was moved by Alderman Sobol, seconded by Alderman MacBain, that the City approve in principle, the Region being involved in solid waste disposal with a view to the City of Niagara Fall. providing sufficient garbage for the use proposed by the Region, subject to th. prices of disposal being competitive and the City s landfill site being used completely prior to garbage being supplied for the Region's proposal· Carried Unanimously. SUMMER SCHEDULE OF,MEETINGS It was moved by Alderman Sobol, seconded by Alderman Orr, that Council adopt a summer schedule of meeting every other week during July and August. Carried Unanimously. Mayor Thomson indicated that a schedule would be prepare, for the approval of Council at the next meeting. ~ DRAFT ZONING BY-LAW His Worship, Mayor Thomson commented that all members of Council were not able to be present at the meeting between Council and the Planning and 'Development Committee, at which time the draft zoning by-law was presented.. The Mayor advised that several members of staff had spent a consiberable amount of time in preparing the by-law, in particular, Mr. H.R. Young, Mr. A. Creaves, Mrs. J. Peck, Mr. D. Savriga and Mr. A. Pierson. The Planning Director requested that any members of Council having any questions on the by-law, call the Planning Department, at which time explanatic will be provided as soon as possible. PUBLIC HEARING - May 14TH, 1979 HiS Worship, Mayor Thomson referred to the decision reached by Council on May 14th, 1979 regarding the continued employment of the City Manager, and noted that at that time Council had indicated that certain guidelines would be established outlining the responsibilities of the City Manager, in patticult with respect to confidentiality. TheMayor further advised that he had been approached by the firm of Stevenson & Kellogg, with an offer to assist the Council in establishing the necessary guidelines. Mayor Thomson felt that the Council did not have the necessary expertise required to set down such guidelines, and suggested that a management consulting firm such as Stevenson and Kellogg could provide a fair and reasonable way of handling the matter. In accordance with the action of Comm4 tree of the Whole, the Mayor requested that Council authorize Stevenson & KellogS to submit a proposal for the preparation of guidelines. Alderm~n Schisler suggested that firms other than - 17 - Stevenson & Kellogg be given an opportunity to submit proposals for Council's consideration. The Mayor indicated that Stevenson & Kellogg would onlv be submitting an initial presentation, at no cost to the City, and that o~her firms could be invited to make proposals as well. It was moved by Alderman Merrett, seconded by Alderman MacBain, that in order to carry out the decision of the Council reached at a public hearing held on May 14th, 1979 relative to the possible dismissal of the City Manager, that the firm of Stevenson & Kellogg be invited to submit a proposal for the preparation of guidelines respecting the discharge of the duties of the City Manager, together with a policy relative to confidentiality arising out of the function of that office. Carried Unanimously. FINANCE COMMITTEE Alderman MacBain reminded members of Council that regular meetings of the Finance Committee would resume on May 30th, 1979. FREEDOM OF THE CITY TO LINCOLN AND WELLAND REGIMENT In response to a question raised by Alderman Cummings, Mayor Thomson advised that members of Council were invited to attend the ceremonies to be held on June 3rd, 1979 at which the City would extend to the Lincoln and Welland Regiment, the Freedom of the City. It was moved by Alderman Schisler, seconded by Alderman Cunmings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, · CO , MAYOR WAYNE THOMSON EIGHTEENTH MEETING Committee Room #1 June 11, 1979 COMMITTEE OF THE WHOLE Council met on Monday, June 11, 1979 at 6:00 p.m. in Committee of the Whole. All members of Council were present, with the exception of Aldermen Cummings, Hinsperger and Puttick. Alderman Fera presided as Chairman. Following consideration of the presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, CITY CLERK WAYNE THOMSON. REGULAR MEETING Council Chambers June 11, 1979 Council met on Monday, June 11, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Cummings, Hinsperger and Puttick. His Worship, Mayor . Thomson presided as Chairman. Alderman Dilts offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the minutes of the meeting held on May 28, 1979, be adopted as printed. Carried Unanimously. PRESENTATION His Worship, Mayor Thomson outlined for the information of the members of Council, the act of bravery performed by Mr. Brian Clegg, in rescuing a person involved in a boating accident in the Kenora area. Mr. Clegg, together with another helicopter operator, were instrumental in saving lives during a flight from Winnipeg to Thunder Bay. The presentation was made in recognition of the successful efforts of Mr. Clegg in saving a life. SUNDAy SPORTS DEPUTATIONS Mrs. M. Andres, was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Wallman. Mrs. Andres criticized Council for the apparent lack of integrity in ignoring the previously adopted policy of not allowing sports activities on Sundays prior to 1:30 p.m. Mrs. Andres pointed out that Council may have contravened the provisions of the Lord's Day Act. Mrs. Andres also noted that Council represented the entire City, not Just those residents involved in sports activities on Sundays. If Council was powerless to enforce such policies, Mrs. Andres asked why the policy was adopted in the first place. Mrs. Andres stated that some coaches tell the children on their teams if they do not play, they will be taken off the team, and schedule games on Sundays regardless of the policy. Mrs. Andres felt it was harmful lesson to children by teaching them to ignore laws, and requested that Council return to the previously adopted policy without loopholes or .concessions. Reverend J. Griffen was granted permission to address Council on the motion of Alderman Fera, seconded by Alderman Merrett. Reverend Griffen stated that he had offered to co-operate on such matters if inclement weather were to occur, however there had been no inclement weather involved in the approval granted by Council for the recent tournament. The decision had been made by Council not to allow sports on Sunday mornings, and Reverend Griffen stated that Council had ignored its own policy without allowing others opposed to Sunday sports an -2- opportunity to comment, and permission was granted without change or an amendment to the policy. Reverend Griffen also pointed out that such action was contrary to the provisions of the Lord's Day Act, and asked if Council was above this law. Alderman Herrerr stated that the word "co-operation" had been the cause of the problem. The Alderman had felt after the original discussion, that there was room for compromise. Alderman Merrett pointed out that the league had likely invited teams from outside the City and had set the schedule for games based on Council's approval. The Alderman also commented that he did not appreciate remarks made that the Council did not care, and pointed out that he would not be serving on Council if he did not care. Mr. Bob Hanna of the Greater Niagara Baseball Association indicated that letters had been sent out to the various teams, setting out the scheduled dates and times in accordance with the approval given by Council. Permission had been granted on the understanding no games would take place at Oakes Park prior to noon. Mr. Hanna stated that arrangements must be made well in advance in order to fit all games into the schedule, which was difficult even if the weather remained favourable. Mr. Hanna explained the schedule of games for the tournament and advised that three games were scheduled for Sunday. In response to a question raised by Mayor Thomson, Reverend Griffen commented that if only three games were being played on Sunday, there was no reason they could not be played later in the afternoon. With respect to Houck Park, there were problems being experienced by Grace Gospel Church with noise from that park. Reverend Griffen felt he could not back down on the issue, other than to co-operate in the event of inclement weather. Rev. Griffen state~ that he would like to see the policy enforced and an effort made to re-plan the tournament, and offered his co-operation in the event of poor weather. Alderman Schisler stated that according to the policy, there would be no sports on Sunday mornings, and if any groups wanted exemption from the policy, they had to apply to Council. The Alderman_.~ointed out that Council and the Association had tompromised on the use of Oakes Park, and had tried to do what was best for the con~unity. In response to a question raised by Alderman Orr, Mr. Hanna stated that the age group of the players for the one tournament was fifteen and sixteen, and ages ranged from seven to thirteen for the other tournaments. Alderman err pointed out that the Clergy of the City had agreed with the Minor Hockey Association that children over thirteen could play on Sunday mornings. The Alderman asked if this rule applied to hockey,~ why not baseball, and pointed out ether areas where the Church had relaxed in recent years. Alderman. err commented that the onus was not on Council to determine whether children should go to church or become involved in sports activities, that was the responsibility of their parents. With respect to the agreement with Minor Hockey, Reverend Griffen stated that was the closest compromise the Clergy and Minor Hockey had been able to reach. Reverend Griffen also referred to the Lord's Day Act which stated that no sporting events could D_e held on Sundays. for which an admission fee was charged. The City Solicitor advised that it is unlawful to engage in any public game or contest for gain, price or reward, or to be present thereat, or to provide, engage in or be present at any performance or public meeting at which any fee is charged, directly or indirectly, either for admission or for any service or privilege, under the Federal Lord's Day Act. The Provincial regulation provides for exemptions, provided they are played after 1:30 p.m. in the aftermoon. The Solicitor further advised that the original decision made by Council was in accordance with the Lord's Day Act: His Worship, Mayor Thomson offered to work with Reverend Griffen and the organizers of the Tournament in an effort to resolve the problem. Reverend and Mr. Hanna agreed to meet with the ~yor on the matter. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Dilts, that the Mayor meet with Reverend Griffen and the Greater Niag] Baseball Association to minimize the impact of the tournament, and further that Council reconfirm the earlier policy with respect to sports activities on Sunds The motion Carried with the following vote! A~Ez Aldermen Cheesman, Dilts, Fera, MacBain, Sobol and Wallman. NAYE: Aldermen Merrett, Orr and Schisler. -3- In addition to the comments made by persons in attendance, letters were received in opposition to Sunday sports activities from Reverend Griffen, Mrs. M. Andres, L. Kitchen, Mr. & Mrs. A. Heximer, Pastor H. Gordon of Grace Gospel Church, Mrs. G. Wade, P. err, and Miss K. Dabald. It was moved by Alderman Cheesman, seconded by Alderman err, that the letters be received and filed. Carried Unanimously. NIAGARA FRONTIER HUMANE SOCIETY His Worship, Mayor Thomson advised that Mrs. M. Healey, who had indicated that she wished to address Council regarding the Niagara Frontier Humane Society, had agreed to meet with a committee of Council to make her presentation. UNFINISHED BUSINESS SIDEWALKS ON JUPITER BOULEVARD, OLDEN AVENUE, GREEN BOUGHS ROAD AND W00DGATE STREET Report No. 339 - City Manager - The report provides information on a meeting held with area residents, and recommends that sidewalks be constructed at the standard location. Mr. R. Hicks was granted permission to address Council on the motion ~f Alderman err, seconded by Alderman Merrett. Mr. Hicks stated that the letter submitted by the Safety Council dated May 28, 1979, was an exact copy of the letter written several years previously, and questioned whether the Safety Council was really that concerned about the matter. Mr. Hicks quoted statistics he had obtained which indicated that more persons were injured or killed when coming out from behind parked cars, than persons injured or killed while standing on sidewalks. ~. Hicks stated that boulevards widths of ten feet would not permit two car depth in driveways. While he realized that if one car was parked in the garage there was room, he pointed out that it is not always practical· to have a car parked in the garage at all times. Mr. Hicks stated that an official from the M.T.C. had been of the opinion that municipalities should provide sufficient room in driveways for parking at least two cars. With respect to the Niagara Falls Hydro cable, Mr. Hicks stated it was apparent the City had a way of meeting such a cost, or that Hydro was not that concerned if they did not intend to place concrete above the cable. Reference was also made to a petition by residents of Mount Forest Lane requesting that no sidewalks be constructed, and the City had approved this request. Mr. Hicks requested that Council allow the same courtesy and approve the residents' request. In response to a question raised by Alderman Sobel, Mr. Hicks indicated that there is a distance of thirty feet between his garage and the sidewalk. His car was eighteen feet in length which did not leave enough room for another car to park without blocking the sidewalk. Mr. T. Welch was granted permissign to address Council on the motion of Alderman err, seconded by Alderman Fera. Mr. Welch stated that he was opposed to a reduced boulevard of two and a half feet in width. He indicated that the original question was sidewalks versus no sidewalks, and he felt there had to be sidewalks constructed in the subdivision. Mr. Welch felt the residents basically wanted a large front lawn for appearance sake, and commented that even if there were room for two cars to park in a driveway, there was no guarantee they would not be parked on the street anyway. Regarding the comment on the Safety Council, Mr. Welch suggested that there had been no change in the letter because the Safety Council had not changed its opinion on the matter. Mr. Welch was not impressed by the statistics quoted, stating that statistics were not important compared to the life of one child. Several other residents addressed Council, both in fayour and in opposition to the request for reduced boulevard widths. The Director-of Municipal Works provided inf6rmation in response to comments made and questions raised by the residents. Mr. T. Stevenson of the Safety Council confirmed that the he was still of the opinion there should be boulevard sidewalks for the safety of children and pedestrians. Mr. Stevenson also explained that one of the greatest safety hazards involved children playing in driveways. Alderman Fera asked if it would be possible to compromise and provide a four ft. boulevard. The Director of Municipal Works explained that in order to grant the request, it would be necessary to place the sidewalk in such a position to avoid fire hydrants and street light poles, resulting in a two and a half ft. boulevard. Alderman Dilts stated that he would want to know if there was any additional costs involved, particularly if maintenance were required -4- on a hydrant. The Director of Municipal Works explained that any maintenance problems would involve the watermain, which would be under the relocated sidewalk. Alderman Dilts stated that he had no objection to gran ing the requests of the residents if there was no additional cost to the Municipality involved. Following further discussion, it was moved by Alderman Fete, seconded by Alderman Merrett, that staff be requested to prepare a further report outlining the cost of relocating the sidewalk, and that the requests of the residents be granted if there is no additional cost to the Municipality. Carried Unanimously. Alderman Sobol felt there could be problems with lot sizes in new subdivis particularly in comparison to some of the larger homes being built on these lot It was moved by Alderman Sobol, seconded by Alderman Fera, that the matter be referred to the Planning & Development Committee for consideration. Carried Unanimausly. WATER CONSERVATION Report No. 334 - City Manager - The report, which was tabled from the previous meeting, reviews the need for water conservation as previously approved by Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. SHRINER'S CREEK PROJECT Communication No. 122 - Niagara Peninsula Conservation Authority - The communication advises that the Authority is ready to complete the project as soon as all necessary lands have been assembled. Alderman Sobol asked who would bear the brunt of flooding damage if the work is not finished prior to Spring. The Director of Municipal Works stated that the Authority was now responsible for the pro3~ct, and would have to deal with that matter. ORDERED on the motion of Alderman MacBain, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. REGIONAL INDUSTRIAL INVOLVEMENT Mr. A.C.J. Van der Harst of the Niagara Falls Business & Industrial Growt~ Agency advised that at a recent meeting, the Agency discussed the advantages and disadvantages of Regional involvement in the ~ndustrial development field. It was the recommendation of the Agency that the Region establish an industrial advertising programme, acquire an industrial developer to be paid for and used by those communities of the Region without industrial development of their own, with input to be limited to assistance at the request of a municipality. Mr. Van der Marst stated that the Agency felt that representatives of the Rcgf: the local members of Regional Council and the Agency should meet as soon as possible to discuss the City's concerns with respect to Regional involvemen~ in the industrial development field. While the City has had success in its industrial development program during the past sixteen years, Mr. Van der Harst did not feel enough information has been gathered by the Region to be in a position to assume responsibility for industrial development, or even to co-ordinate those programs already in existence. Mr. Van der Narst suggested that copies of the Battelle Study could be made available to the Region on a coat-sharing basis. His Worship, Mayor Thomson stated that as of the last meeting, the Region has set aside funds for an entire study. The study would be a Joint effort between the Province and the Region, to study industrial promotion within the Region and also to determine what role the Region will play in industrial promotion. The Mayor stated that the City and the Agency would have ample opportunity for input and discussion. It was moved by Alderman Merrett, seconded by Alderman Fera, that the comments of the Niagara Falls Business & Industrial Growth Agency be forwarded to the Region, with a request for a meeting of the officials involved. Carried Unanimously. DISTRIBUTION CENTRE Mr. Van der Rarst referred to a recent request by Council on The status -5- of the Distribution Centre lands~ and advised that at that time, he had not been in a position to comment since the matter was involved in litigation. On May 31, 1979 after settlement of the lawsuit between the Agency and Klydel Holdings, Mr. Van der Harst advised that the Agency was able to repurchase the lands in accordance with the agreement. It was further advised that Klydel Holdings was recently purchased by York Harmover, and that firm had been extremely helpful in bringing the matter to a conclusion. Mr. Van der Harst stated that the Agency has purchased the property at a cost similar to the initial cost six years ago, and indicated that the Agency will be asking to meet with Council in the near future to discuss future costs of the strategically located site. COMMUNICATIONS No. 123 - Mr. B. Sinclair - Re: Niagara Frontier Humane Society. The communication requests: 1) That Council reconfirm the Municipality's election not to purchase the Society's property on Stanley Avenue; 2) To approve the sale of Lot 48 from Donrado Properties Inc. to the Niagara Frontier Humane Society (instead of Marine Wonderland & Animal Park Ltd.); and 3) Sanction of Council to amend the Agreement dated November 5, 1979 to incorporate the new Lot 48 purchase. Mr. Sinclair was not aware that Council had not seen the new plans o~ costs for the new building to be constructed, and advised that copies could be made available to staff to ensure the Citv's requirements were satisfied. There were also several existing agreement~ relating to mortgage obligations, and this information could be made available to Council. Mr. Sinclair stated that the first two requests had been approved by Council in the past, with the exception of the conveyance to the Society, and requested that Council provide some direction on the matter. Alderman Dilts advised that he had discussed the matter with the Deput~ Solicitor and other members of Council previously. The Alderman pointed out that the committee of Council recently established to review the operation of the Humane Society could deal with this matter as well. Mr. A. Sheppard, solicitor for Marine Wonderland & Animal Park, indicated that not only would the new building be at least as good or better than the existing building, but the land would include three and a half more acres than the present property occupies, with room available for future extensions. In response to a question raised by the ~yor, Mr. Sinclair indicated that the transaction would be carried out as an exchange. Lot 48 was worth considerably more and the building would be constructed at the expense of Marine Wonderland & Animal Park. Mr. Sinclair advised that the Society required that Council reconfirm general agreement on the transfer and determine whether a new agreement or amendment to the agreement was required. It was moved by Alderman Dilts, seconded by Alderman Fera, that the matter be referred to the Special Committee reviewing Humane Society operations. Carried Unanimously. REPORT No. 340 - City Manager - Re: Walkway Between Frontenac Woods Subdivision and Frontenac Woods Extension Subdivision. The report advises that if Council is of the opinion a sidewalk and fencing work should be completed this year for the subject walkway, it will be possible to use $3500 from savings on a section of the roads budget, and absorb the remaining 8600 cost as a possible over expenditure in the sidewalk or fencing budget when the work is actually completed and final costed. His Worship, Mayor Thomson advised that residents have been bothered by motorcycles using the walkway area on which no sidewalk or fence has been installed. Mrs. Mancuso who lived adjacent to the walkway, indicated that there was no fence up, and there was enough room for a car to drive through. Mrs. Mancuso stated that this had actually happened, and fire wood stored on her property had been taken. The Director of Municipal Works advised that walkways were not intended only for pedestrians, but as a means of emergency access into a cul-de-sac area. If there were an emergency situation and the entrance to a cul-de-sac was blocked, the walkway would be used to get emergency vehicles in to the area. It was -6- suggested that movable type posts could be erected at the entrance to the walkway to prevent access by motorcycles and cars. These posts could be knocksi down or removed in the event of an emergency situation. The Director of Municipal Works advised that the developer would be installing the fence as soon as possible. Mr. F. Pingut advised that he had told his tenants that a fence would be constructed in the Spring, and when nothing was done, several tenants had moved out. Following further comment, it was moved by Alderman Orr, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. Alderman Merrett stated that the City has had other problems with walkways and suggested it might be worthwhile to have the Engineering Department and Planning & Development Committee review the policy on walkways. It was moved by Alderman Merrett, seconded by Alderman MacBain, that the matter be reviewed in conjunction with the emergency services. Carried Unanimously. NOTE: Alderman Cheesman was absent when the vote was taken on this matter. No. 3~1 - Planning & Development Committee - Re: AM-41/78, Dr. T.C. Morgan, Northwest Corner St. Paul Avenue and O'Netl Street AND Official Plan Amendment No. 103. The report recommends that the application be approved subject to Development Control for this specific use, otherwise to revert to single family residential use, and further that Council certify by resolution that the application will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area after Amendment No. 103 has been approved by the Minister of Housing. ORDERED on the motion of Alderman Fete, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No, See By-laws 79-95 z 79-96 Verbal Report - Extension of Sidewalk on Bender Hill. Mr. J. Lobko qf D. Chapman's Office, was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Schisler. Mr. Lobko referred to a plan posted in the Council Chambers, showing the location of the temporary railway crossing from Palmet Avenue to Bender Hill. It was advised that Maple Leaf Village would like to upgrade the area to make it more presentable, by closing the temporar~ construction entrance and extending the curb faced from its present terminus at the east limit of the York Mannover property to the new parking area entrance on gender Hill. ~his would involve widening of the roadway by six or seven feet. Mr. Lobko stated that t~ple Leaf Village would assume the cost of construction, and the City would maintain it in the future. The Director of Municipal Works Stated that the developers wished to have the construction completed by June 22nd in time for the opening of Maple Leaf Village. It was also indicated that staff had no objection to the request. In response to a question raised by Alderman Merrett, the Director of Municipal Works stated that the temporary crossing would be closed when construction was complete, and that it was felt the crossing should not remain open from a congestion point of view. In response to a question raised by the Mayor, the Fire Chief indicated that he was in fayour of having the erossing remain open, which would provide access to Sheraton Annex and several other motels on Phillip, Hiram and John Streets. Pollowing further comment, it was moved by Alderman Dilts, seconded by Alderman Merrstt, that the request be approved as submitted, Carried Unanimo~ COMt4UNICATIONS - CON'T .... No. 124 - Liquor Control Board of Ontario - Rel Main Street Liquor Store. The communication advises that it is intended to keep the Main Street Liquor Store open for at least another year. Alderman Nerrett suggested that the Board be requested to notify the City ~hen a decision is made to close the store. -7- ORDERED on the motion of Alderman MacBain, seconded by Alderman Fera, that the communication be received and filed, and that the Liquor Control Board of Ontario be requested to provide the City with notice prior to closing of the Store. Carried Unanimously. No. 125 - Field-Springer Disaster Relief Fund - Re: Request for Financial Assistance. AND No. 126 - Village if Iron Bridge - Re: Request for Financial Assistance. AND No. 127 - Project Recognition - Re: Request for Grant. ORDERED on the motion of Alderman }~cBain, seconded by Alderman Cheesman, that the communications be referred to the Finance Committee. Carried Unanimously. No. 128 - Mr. W.H. Beer - Re: Sidewalk on Portage Road. The communication requests that the City extend the existing sidewalk on Portage Road fromMarineland to Chippaws. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schlsler, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 129 - Mr. J. Matthews - Re: Proposed Name Change for Burdette. The ' communication advises that forty residents of the portion of Burdette Drive east of Drummond Road object to the proposed name change. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the communication be referred to the Street Name Committee. Carried Unanimously. No. 130 - Greater Niagara Transit Commission - Re: Delays at C.N.R. Crossings. The communication requests the assistance of the City in dealing with C.N.R. on delays at railway crossings. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that staff be authorized to contact C.N.R. to resolve the problems being experienced by the Transit Commission. Carried Unanimously. No. 131 - Ontario Hydro - Re: Annual Inspections of Camping Establishments. The communication provides information on the need for annual inspections of camping establishments, and the fee charged for such inspections. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the communication be received and filed, and a copy forwarded to Mr. Stelmaszynski of the Mantrust Motor Inn. Carried Unanimously. No. 132 - Ministry of Intergovernmental Affairs - Re: Zero Base Budgeting. The communication provides information of a general nature on zero base budgeting. ORDERED on the motion of Alderman MacBain, seconded by Alderman Fera, that the communication be referred to the Finance Committee. Carried Unanimously. NOTE: Alderman Sobol retired from the meeting. No. 133 - Miss Dominion of Canada Pageant - Re: Annual Pageant. The communication requests that the City sponsor the usual luncheon held in conjunction with the annual pageant. Alderman Merrett felt the request should be approved due to the publicity the City receives from the pageant on a national basis. ORDERED on the motion of Alderman Chessman, seconded by Alderman MacBain, that the request be denied. The motion par.tied. with Alderman Merrett voting contrary, and all others voting in favour. No. 134 - Mr. R.A. McLeod - Re: Resignation from Planning & Development Committee, The communication advises of Mr. McLeod~s resignation from the Planning and Development Committee. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the resignation be received with regret and a letter of appreciation directed to Mr, MeLted for his contribution, and further that the names of those who previously indicated an interest in serving on the Committee, as well as any new requests, be provided for Council~s consideration at the n~xt meeting. Carried Unanimously. No. 135 - Maple Leaf Village - Re: Fireworks Display. The communica~ion requests permission to hold a fireworks display on June 22, 1979. ORDERED on the motion of Alderman Fera, seconded by Alderman OfT, that the request be approved on the understanding all requirements of the by-law are met and in particular that the City is either named a co-insured on policies purchased or held harmless for any accidents which may arise from the display. Carried Unanimously. -8- REPORTS No. 342 - Alderman C. Chessman - Re: 75th Anniversary Celebrations. The report provides an update of plans for the City's 75th Anniversary celebrations Alderman Chessman indicated that plans were being considered for some type of municipal picnic, or homecoming weekend to be held in September. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 343 - City Manager - Re: Purchase of New Equipment. The report recommends acceptance of various tenders for the purchase of new automotive equipment. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the report be received and adopted. The motion Carried with Alderman Dilts abstaining on a conflict of interest, and all others voting in fayour. See Resolution No... No. 344 - City Manager - Re: Protective Clothing Tender - 1979. The report recommends acceptance of the low tender submitted by Mueller Dry Goods Limited for the supply of protective clothing for municipal employees. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See Resolution No. ~ No. 345 - City Manager - Re: Co-Operative Garbage Bag Tender 1979. The report recommends acceptance of the tender submitted by PCL Packaging Limited for the supply of garbage bags. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See Resolution No.f No. 346 - City Manager - Re: Contract W.I. 7-79, Watermain Installations on Various City Streets. The report recommends that acceptance of the unit prices submitted by Covello Brothers Ltd. for the subject c"~ntract. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See Resolution No.I See By-law No. 79-9' No. 347 - City Manager - Re: Sewer Lateral at 5342 McRae Street. The report advises that faults were found on both sides of the property line, and that the necessary repairs have been made. ORDERED on the motion of Alderman Fera, seconded 5~ Alderman Chessman, that the report be received and filed. Carried Unanimously. No. 348 - City Manager - Re: Fire Trucks Exiting from McLeod Road No. 2 Fire Station. The report recommends that the Region be requested to provide some type of red light warning device to be erected on McLeod Road approaching the Fire Station. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that' the report be received and adopted. Carried Unanimously. No. 349 - City Manager - Re: Mount Forest Mark III Proposed Subdivision. The report recommends approval of the proposed plan subject to three conditions. In response to a question raised by Alderman Schisler, the Director of Municipal Works advised development of the subdivision was not subject to implementation of the Shriner's Creek Project. Although water will flow into Shriner's Creek, the subdivision was considered infilling'of a previously approved section of a plan of subdivision and the run-off from that land would have been more than the proposed plan would produce. Mr. F. Grandont was granted permission to address Council on the motion of Alderman Schisler, seconded by Alderman Chessman. Mr. Grandoni stated that in the last year, those people downstream from development have been watching Council approve various other developments. Reference was made to an Ontario Municipal Board decision on this matter which stated that further applications would be held up until proper control had been introduced. Mr. Grandoni stated it was his understanding development would be controlled and according to the Ontario Municipal Board decision, control dams would be in place and working before further development took place. Mr. Grandoni stated that if one walked along the Creek, one would see where the banks were eroding since the heavy -9- rains of last November. The flood plain was eroding as well as the soil from around the roots of trees near the banks. Mr. Grandoni stated that once the trees fall into the Creek, there would be nothing to hold the bank and the farmers' fields would continue to wash away. Mr. Grandoni felt further subdivision development should wait until the flood control dams were in place. According to recommendations in the Shriner's Creek report, Mr. Grandoni stated that silt could be controlled on the subdivision site by having a small holding pond in the subdivision to allow water to pond and go into the storm sewer and catch some of the silt. With respect to the Ascot Woods Subdivision, Mr. Grandoni said that the developers want to proceed with the south section and he suggested that the pond should be checked and a culvert installed for control. Mr. Grandoni indicated that the culverts on Kalar Road were designed for high springs flow, but would not accept such flows all summer long. Mr. Grandoni asked that Council reconsider granting approvals for further subdivision development until proper control was in place. The Director of Municipal Works stated that with regard to the O.M.B. decision, the condition that further applications be held in abeyance until a proper scheme was implemented, dealt with applications for further expenditures of money. The scheme was introduced in 1975, and further applications for expenditures have been held in abeyance. The Director of Municipal Works explained that the subdivision was considered infilling in an area where the ' run-off coefficient was higher than what was being proposed. There would'be less flow from the scheme than another. On the suggestion regarding silt control, the Director of Municipal Works agreed that some type of control could possibly be carried out, such as excavation around buildings being constructed to allow an opportunity for the water table to recharge. The Director of Municipal Works commented that a similar method of control would be incorporated into other subdivisions in the area which would help keep some of the silt out of catchbasins. Mr. J. Kaufman of Sunnylea Construction Ltd., indicated that his firm would co-operate in any possible way to prevent silting, and pointed out that water must lie for a few hours following rain, while people want it to disappear in half an hour. Mr. Crandoni suggested that dams be built before the City channelizes the W-5-2 and W-5-3 Watercourses, and commented that he could not see how construction could take place before the dams were built. Following further comment, it was moved by Alderman Fera, seconded by Alderman Wallman, that the report be received and adopted. Carried UnanimoUsly. No. 350 - City Manager - Re: Valley Way West Proposed Subdivision. The report recommends approval of a request for a six month extension of the draft plan approval until February 16, 1980, and that the Ministry of Housing be advised accordingly. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 351 - City Manager - Re: Kingsview Proposed Subdivision. The report recommends approval of a request for a six month extension of the draft plan approval until November 16, 1979, and that the Ministry of Housing be advised accordingly. ORDERED on the motion of Alderman Ch-esman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 352 - City Manager - Re: Development Plan Revision - Ontario Housing Corporation on Bucklay Avenue. The report recommends approval of the subject development plan revision as submitted. The City Manager provided additional information in response to a question raised by Alderman Chessman. ORDERED on the'motion of 'Alderman Fera, seconded by Alderman Dilta, that the report be received and adopted. Carried Unanimously. No. 353 - City Manager - Re: Parking on Centre Street. The report recommends passage of a by-law to prohibit parking on the northeast side of Centre Street from Lewis Avenue to a point 150 feet northeasterly. ORDERED On the motion of Alderman Chessman, seconded by Alderman Fera~ that the report be received and adopted. Carried Unanimously. See By-law No. 77Z98 No. 354 - City Manager - Re: Twoera Plaza, Oshawa Group "Fencing". The report advises of a request from the Oshawa Group for relief from fencing requirements .[ - 10 - due to maintenance problems, and suggests that the fence should not be relocateS. on City Property. The report further advises of problems being experienced by residents to the rear of the plaza with racing cars and suggests the use of asphalt bumps to eliminate this problem. ORDERED on the motion of Alderman Cheesman, that Oshawa Group not be permitted to relocate the fence on City property, that the existing fence be maintained in accordance with the provisions of the existing site plan, and further that it be suggested to Oshawa Group that asphalt bumps be constructed in certain areas to alleviate the problem with racing vehicles. Carried Unanimously. No. 355 - City Manager - Re: Base Failure on Creek Road west of Crowland Avenue. The report recommends that the firm of Dominion Soil Investigation Inc. be engaged to carry out a sub-service investigation on the Creek Road at an estimated cost of $2300. The Director of Municipal Works provided additional information in response to a question raised by Alderman Schisler. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 356 - City Manager - Re: Implementation Agreement - Ryerson/Market Neighbout. hood Improvement Area. The report recommends passage of a by-law to authorize an agreement with the Ministry of Rousing, covering the Provincial contribution toward the implementation of the Ryerson/Market Neighbourhood Improvement Progr~ ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See By-law No. 79-99 No. 357 - City Manager - Re: Assumption of Portion of Bridgewater Street. The report recommends approval of the assumption by the Niagara Parks Conmaission of a portion of Bridgewater Street between Cummington Square and the Niagara Parkway, and that the Municipality continue to maintain the sidewalk, subject to the City being given an easement on the road allowance in order to maintain services, i.e. sewer, water. ORDERED on the motion of Alderman Cheesman, seconded"~y Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 358 - His Worship, Mayor Thomson - Re: Public Works Committee. The report provides information. on the possible establishment of a Public Works Committee. Due to the workload involved in such a committee, Mayor Thomson felt the report should be tabled until all members of Council were present. ORDERED on the motion of Alderman MacBain, seconde~ by Alderman Dilts, that the report be tabled for two weeks. Carried Unanimously. No. 359 - City Manager - Re: Schedule of Meetings for Summer Months. The report recommends adoption of the following summer schedule of Council Meetings: June 18th - Informal Joint Meeting of Council and Recreation Commission, June 25th, July 9th, July 23rd, August 7th, August 20th and September 4th, with the regular schedule to resume as of September 4th, 1979. ORDERED on the motion of Alderman Orr, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 360 - City Clerk - Re: Resolutions from Other Municipalities. 1) Ontario Building Officials Association Inc. - Requesting that appropriate amendments be made to the building codes in Canada, and specifically the National Building Code of Canada to provide for the continued economic viability of such buildings and the preservation of their architectural and heritage features, as such may be affected by the application and enforcement of such codes. . Recommendation - That the resolution be endorsed, 2) Regional Municipality of Niagara - Requesting the International Joint Cornmiss to review all discharges into the potable water supply and initiate appropri3 action to reduce toxic chemical discharges. Recommendation - That the request of the Region be endorsed. 3) .City of Nepean - Requesting the Minister of Consumer Affairs & Commercial Relations to incorporate a requirement for leak detection systems into the Gasoline Handling Act, Recommendation - That the resolution be endorsed. 4) City of 8arnia - Requesting the Provincial Government to establish criteria a a framework with which arbitration boards may deal and establish criteria for individuals who may be appointed as arbitrators, 5) Town of Tecumseh - Requesting the Attorney General of Ontario to enact - 11 - legislation requiring a 48-hour "cooling off" period during which a person be allowed to cancel an agreement of purchase and sale. 6) City of Guelph - Objecting to an announcement of the Federal Government that grants be made available for arena improvements to any city obtaining an NHL franchise. Recommendation - That the resolution be received and filed. 7) City of Kitchener - Requesting the Provincial Minister of Revenue to amend the enumeration system so as to include therein an annual dog census. Reco~nendation - That the resolution be received and filed. 8) City of Waterloo - Requesting the Province to return to municipalities the 7% sales tax collected from Cable T.V. Companies in direct proportion to the amount collected in each municipality. Recommendation - That the resolution be endorsed. 9) Borough of Scarborough - Requesting the Province to place a five year moratorium on the use of aluminum wire. Recommendation - That the resolution be endorsed. 10) Regional Municipality of Niagara - Requesting the Provincial Government to consider redirecting revenues derived from lotteries from mainly recreational and cultural programmeg to programmes of higher municipal and provincial priorities. Recommendation - Receive and file. 11) City of Sudbury - Requesting an amendment to the Discriminatorv Business ~ Practices Act, 1978 to exempt municipal corporations from the "geographical location" provisions therein. Recommendation - That the resolution be endorsed. Alderman Wallman referred to the resolution from Regional Niagara regarding discharges into potable water supply, and questioned how the proposal to locate a waste retention pond in the City of Niagara Falls, with effluent to drain into the Niagara River, would fit into the Region's reasoning. The City Clerk indicated that this proposal would be part of the study requested. ORDERED on the motion of Alderman ~cBatn, mconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 361 - City Clerk - Re: Consent Items. 1) Pyramid Place - Requesting permission to hold a fireworks display on July 1, 1979. Recommendation - That the request be approved on the understanding all requirements of the by-law are met and in particular, that the City is either named a co-insured on the policies purchased by Pyramid Place, or held harmless for any accidents which may arise from the display. 2) Regional Municipality of Niagara - Re: Proposal Amendment #1 to the Regional Niagara Policy Plan. Recommendation - For the information of Council. 3) Brock University - Re: Recyclers' Guide for Regional Niagara. Reconunendation - For the information of Council. 4) Greater Niagara Softball AssociatioD - Re: Niagara Invitational Fastball Tournament. Recommendation - That approval be granted to operate a beer concession subject : to similar approvals being received from the Regional Police, Fire Department, Health Unit and L.L.B.O. 5) ~nistry of Community and Social Services - Re: Senior Citizens' Week, June 17 - 23, 1979. Recommendation - That the week of June 17 - 23, 1979, be proclaimed Senior Citizenst Week and that the Municipality underwrite the cost of advertisement. 6) Ability Centre - Expressing appreciation for co-operation of the City during the rubbish collection. Recommendation - For the information of Council. 7) Stamford Centre Volunteer Firemen~s Association - Re: Horseshoe Tournament. Recommendation - That as many members of Council as possible participate in the tournament. ORDERED on the motion of Alderman Orr, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. No. 362 - City Manager - Re: Building Permits. The report provides information on the permits issued by the Building & Development Department for the month of May 1979, as compared to 1978. ORDERED on the motion of Alderman Orr, seconded by Alderman Schisler, that the report be received and filed. .Carried Unanimously. No, 363 - City Manager - Re| Municipal Accounts. The report recommends payment of the municipal accounts, ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman Herrerr abstaining on a conflict of interest on Cheque//~nd all others voting in faYour, - 12 - RATIFICATION OF COMMITTEE OF THE WHOLE DECISIONS Report No. 364 - City Manager - Re: Non-Union Salaries 1979. The report recommends the following increases: First line supervisors and non-union secretaries 6.45%, ES 4-6.2%, ES 5-6.0%, ES 6 - 5.5%, ES 7 - 5.3%, ES 8 - 5.1%, ES 9 - ES 17 - 5.0%, retroactive to January 1, 1979. The report further recommends that the Deputy City Clerk be reclassified from Level ES 6 to ES 7, and passage of a by-law respecting benefits applicable to non-union employees to include deletion of Remembrance Day to be replaced by a "floating" holiday and six weeks vacation after 32 years. ORDERED on the motion of Alderman MacBain, seconded by Alderman Chessman, that the report be received and adopted, and further that the Personnel Officer be requested to study the Job description of the Secretary to the Mayor, prepare a new Job description, nomenclature and salary range. Carried Unanimously. RESOLUTIONS the supply of new automotive equipment be accepted: 1) S.M.I. Industries - One latest model 20 cu. yd. packer - $14,327.30 2) Autoland Chrysler - One 1979 Model Sedan - 5,435.00 - Three 1979 Model Sedans - 16,820.40 - Two 1979 Model Pickup Trucks - 12,679.50 - One 1979 Model Van - 7,152.95 3) Archer Truck - Two 1980 Model 25,500 lb. Ch_._assis 27,456.20 - One 1980 Model 32,000 lb. Chassis 20,477.66 4) Yorkview Ford - One 1980 Model 10,000 lb. Dump Truck 9,504.81 ; AND the Seal of the Corporation be hereto affixed. No. 56 - FERA - ORR- RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-96 for the rezoning of lands on the northwest corner of St. Paul Avenue and O'Neil Street, will confo~ to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, once a further amendment is approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl} No. 57 - FERA - SCHISLER - RESOLVED that the following tenders submitted for conflict of interes and all others voti in favour. No. 58 - FBRA - 8CHISLER - RESOLVED that the tender submitted by Mueller Dry Goods Limited for the supply of protective clothing for employees, be accepted at the total price of $16.35 per shirt and pant set, and $14.88 per pair for coverails; AND The Seal of the Corporation be hereto affixed. Carried Unanimousl! No. 59 - FERA - SCHISLER - RESOLVED that the tender submitted by PCL Packaging Limited for the supply of polyethylene garbage bags, be accepted at the prices quoted; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 60 - FERA - SCHISLEH - RESOLVED that the unit prices submitted by Covello Bros. Limited for the installation of watermains onvarious' City Streets, be accepted at the tendered price of $136,881.00; AND the Seal of the Corporation be hereto affixed. - Carried Unanimousl! No. 61 - FERA - DILTS - RESOLVED that a message of condolence be sent to the family of the late Mrs. Catherine Puttick, mother of Alderman Puttick, and a respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl .BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that following by-law be now read a t[~ird and fimal time: No. 79-52 - A By-law to authorize improvements to the electrical p~wer distribution system and street tighting system of the City. Carried Unanimous1/ ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-95 No. 79-96 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AM-41/78, Dr. T.C. Morgan) - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-41/78, Dr. T.C. Morgan) No. 79-97 No. 79-98 No. 79-99 - A By-law Right of No. 79-100 - A By-law cleaning sewers. - A By-law to authorize the execution of an agreement with Covello Bros. Limited for the installation of watermains. (Contract W.I. 7-79) - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Centre Street) to authorize an agreement with Her }~jesty the Queen in Ontario represented by the Minister of Housing. to authorize the execution of agreements for the hydraulic of sewers and culverts and the television inspection of '- No. 79-101 - A By-law to authorize the execution of a lease with the Minister of Transportation and Communications. (Parkette on Victoria Ave.) No. 79-102 - A By-law to establish ice surface rental rates for City Arenas. No. 79-103 - A By-law to provide monies for general purposes. No. 79-104 - A By-law respecting sick leave credits, pensions and other benefits for employees. Carried with Alderman Merrett abstaining on a conflict of interest on Cheque #4466 of By-law 79-103, and all others voting in favour. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the following by-laws be now read a second and third time: No. 79-95 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (tM-41/78, Dr. T.C. Morgan) No. 79-96 - A By-law to amend By-law~N.o. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-41/78, Dr. T.C. Morgan) No. 79-97 No. 79-98 No. 79-99 No. - A By-law to Limited for - A By-law to of traffic. authorize the execution of an agreement with Covello Bros. the installation of watermains. (Contract W.I. 7-79) amend By-law No. 3790, being a by-law for the regulation (Centre Street) - A By-law to authorize an agreement with Her Majesty the Queen in Right of Ontario represented by the Minister of Housing. 79-100 - A By-law to authorize the execution of agreements for the hydraulic cleaning of sewers and culverts and the television inspection of sewers. No. 79-101 - A By-law to authorize the execution of a lease with the Minister of Transportation and Communications. (Parkerrs on Victoria Ave.) No. 79-102 - A By-law to establish ice surface rental rates for City Arenas. No. 79-103 - A By-law to provide monies for 8eneral purposes. No. 79-104 - A By-law respecting sick leave credits, pensions and other benefits for employees. Carried with Alderman ij - 14 - NEg BUSINESS Merrett abstaining~. a conflict of inte~ on Cheque #4466 of By-law 79-103, and ll others voting in f~ MUNICIPAL FINANCING Alderman MacBain submitted a resolution he had prepared relating to municipal financing, and requested that the matter be discussed at the next regular meeting, at which time he would explain his proposals. SCHOOL CROSSING - MORRISON STREET Alderman Fern advised that he had received complaints regarding the schoo~ crossing on Morrison Street by St. Maryts School. The Alderman indicated that cars travel quite fast along this section of Morrison Street, and the crossing guard was having a problem in getting children safely across the street. Alderman Fern suggested that the Region be contacted to determine if some type of advance warning device could be installed to warn motorists to slow down and stop for the school crossing. It was moved by Alderman Fera, seconded by Alderman Cheesman, that the matter be referred to staff. Carried Unanimously. MCLEOD ROAD/HAWKINS STREET AREA Alderman Fern advised that he had received complaints from residents in the area of McLeod Road and Hawkins Street regarding motorcycles racing up that the Regional Police be asked to investigate the n o t action. Carried Unanimously. CLOCK AT OAKES PARK Alderman Merrett advised that he had received calls regarding the time clock at Oakes Park that has not been operating for some time· Mayor Thomson indicated that the matter would be checked into. OPEN HOUSE - NIAGA~ DISTRICT AIRPORT Alderman Merrett advised that Niagara District Airport was holding an open house, and all members of Council were invited to attend. The Alderman requested that any members interested in attending, notify the City Clerk. SMOKING COMMITTEE It was moved by Alderman Orr, seconded by Alderman Dilts, that the special committee reviewing a possible smoking by-law, be re-established, and further that Aldermen Chessman and Sobol be re-appointed to the Committee, Carried Unanimously, - ~ FINANCE COMMITTEE Alderman MacBain reminded members of the Finance Committee that the Committee would be meeting weekly throughout the summer. The Alderman also advised that it was imperative that as many members as possible attend the meeting to be held on June 13, 1979, since arrangements have been made for 9ther persons to attend the meeting. CUL-DE-SACS IN SUBDIVISIONS His Worship, Mayor Thomson advised that he had received numerous complaint about the mowing of the small greenbelt areas at the end of cul-de-sacs. The Mayor indicated that while the weeds have been mowed, nothing has been raked, and people are uo longer viiling to cut and rake these areas themselves. Mayor Thomson advised that the annual cost of cutting the grass in cul-de-sacs was $14,000 and with new development taking place, maintenance would become a maJoI expenditure. The Mayor suggested that the matter be referred to staff to prepare a report on how this escalating cost can be eliminated. Alderman MacBain suggested that the City could also include the problem of snowplowing costs in cul-de-sacs which is also an expense to the Municipality, The Director of Municipal Works stated that one method of solving the problem would be to eliminate the islands in cul-de-sacs, while this would not be - 15 - as aesthetic, it would be effective. The Director of Municipal Works also suggested that the report could include comment on the desirability of cul-de-sacs themselves. It was moved by Alderman MacBain, seconded by Alderman Fera, that the matter be referred to staff for the preparation of a report. Carried Unanimously. It was moved by Alderman Merrett, seconded by Alderman Fera, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ AND ADOPTED, LLINS~N ....... 4 · · , CITY CLERK COM~ Committee Room #1 June 11, 1979 Council met in Committee of the Whole on Monday, June 11, 1979, following a regular meeting. All members of Council were present with the exception of Aldermen Cummings, Hinsperger, Puttick and Sobol. Alderman Fern presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. . ,~ ~&aa a ~ READ AND ADOPTED, coujar MAYOR WAYNE THOMSON Council Chambers June 11, 1979 Council reconvened in formal session on Monday, June 11, 1979, following a meeting in Committee of the Whole. All members of Council were present with the exception of Aldermen Cummings, Hinsperger, Puttick and Sobol. His Worship, Mayor Thomson presided as Chairman. The meeting adjourned. READ ANDADOPTED, i.'caLi sa: NINETEENTH MEETING Council Chambers June 18, 1979. Council met on Monday, June 18, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Cumanings, Fera and Orr. His Worship, Mayor Thomson Presided as Chairman. COMMUNICATIONS No. 136 - Chippawa Lions Club - The communication requests permission of the City Council to conduct a fire works display on July 1, 1979, in conjunction with the Canada Day celebration and the celebration of the 75th Anniversary of the Incorporation of the City of Niagara Palls. The event will take place on properties owned by the Ontario Hydro and the Niagara Parks Commission at or ncar Kingabridge Park and both parties have granted the Lions Club permission to use their properties for this event. It was moved by Alderman Cheesman, seconded by Alderman Dilts, that the request of the Chippawa Lions Club be granted. Carried Unanimously. No. 137 - Maple Leaf Village - The communication, from Messrs. Broderick, McLeod, Clifford, MarineIll & Amadio, on behalf of Maple Leaf Village, re- quests the temporary closing of part of Falls Avenue on Saturday, June 23rd, from 7:00 p.m. to 10:00 p.m., to assist in connection with the formal opening of Maple Leaf Village. Mayor Thomson stated that actually the time period would probably be from 8:00 to 10:00 p.m., and although the closing might create some small inconvenience, it would certainly not result in any major disruption of traffic in the area and there will be no interference with access to the Rainbow Bridge or traffic on Clifton Hill. Mr. Dante Mari- nellt was in attendance on behalf of the Maple Leaf Village owners, to answer any questions from Council. It was moved by Alderman Puttick, seconded by Alderman MacBain, that the request for a temporary closing of part of Falls Avenue on Saturday, June 23rd, be granted, and the relevant By-law appearing on tonlght's ageride be given three readings. Carried Unanimously. See By-law No. 79-105 No. 138 - Senior Citizens' Association - Mr. Lou Harris requested permission to address Council respecting increase in Cable T.V. rates from $2.35 to $7.00, particularly as it affects residents of Bucklay Towers, senior citizens apart- ment building. / It was moved by Alderman Merrett, seconded by Alderman Dilts, that Mr'. Harris be permitted to address Council. Mr. Harris batlined the problem and indicated that it has caused a great deal of concern among the senior citizen groups of this community. The original cost of $2.35 per month per apartment, was added to the occupant~s rent and paid by post-dated cheque. Mr. Harris read a communication from Arm- strong Communications advising tenants of the increase to be effective July 1, 1979. It was pointed out that the increase from $2.35 to $7.00, plus 7% tax, represents an increase of over 300%, which the senior citizens feel is entirely out of order. Many of the senior citizens a~e ill or crippled and they rely on theirTV to keep them in touch with the outside world, and they are certainly not in a position to pay this increase. Mr. Harris pointed out that the Housing Corporation will not permit an antenna on the roof of the building. Mayor Thomson directed that the Clerk prepare an appropriate resolu- tion to the Minister of Housing, Claude Bennett, protesting the changes. A meetinS is being arranged with representatives of the Senior Citi- zens' Association, City staff, representatives of the East Niagara Housing Authority, for the beginning of next week, after discussions have been held with Mr. Gee of A tro Communications at a metin onWsdn. sday, Ju.~0, ~79, in the main'lounge at Bu~kI~yb~c~h:~.at 3:00 ,... It was moved by Alderman Herrerr, seconded by Alderman Dtlts, that the Mayores directions be carried out. Carried Unanimously. -2- BY -LAW ORDERED on the motion of Alderman Cheesman, seconded by Aideman Sobol, that leave be granted to-introduce the following By-law, and the by-law be read a first time. No. 79-105 - A By-law to ~ose a portion of Fall~ Avenue to vehicular traffic on a temporary basis. Carried Unanimously. ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that the following by-law be now read a second and third time: No. 79-105 - A By-law to close a portion of Falls Avenue to vehicular traffic on a temporary basis. Carried Unanimously. It was moved by Alderman Cheesman, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously. Members of Council adourned to Con~nittee Rooms 2_and 3 for a general discussion with members of the Recreation Commission. READ ANDADOPTED, MAYOR WAYNE T}DMSON ~4ENTIETHMEETING Committee Room #1 June 25, 1979 COb~MITTEE OF THE WHOLE Council met on Monday, June 25, 1979 at 4:30 p.m. in Committee of the Whole. All members of Council were present. Alderman Dilts presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. - & · ~ READ AND ADOPTED, MAYOR WAYNE THOMaON Council Chambers June 25, 1979 Council met on Monday, June 25, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Fera offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the minutes of the meeting held on June 11, 1979, be adopted as printed. Carried Unanimously. PRESENTATIONS RETIREMENT WATCHES His Worship, Mayor Thomson presented retirement watches to Mr. D. Luca, who retired in May after twenty-three years of service, and Mr. W. McShane who also retired in May after twenty-five years of service. 25-YEAR PLAQUES His Worship, Mayor Thomson presented a 25-Year Plaque to Mr. W. McShane who retired in May after completing twenty-five years of service with the Corporation, and to Mr. W. Culp~ of the Fire Department who had also completed twenty-five years of service. O.B.O.A. BASIC BUILDING OFFICER COURSE CERTIFICATES His Worship, Mayor Thomson presented certificates to Mr. D. Hall and Mr. V. DelVecchio who successfully completed the O.B.O.A. Basic Building Officer Course recently. MINOR SOFTBALL ASSOCIATION Representatives of the Minor Softball Association presented Mayor Thomson with a Minor y Softball button in recognition of Minor Softball Week~ Bos' June 25 - 29, 1979. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the week of June 25 - 29, 1979, be proclaimed Minor Softball Week in Niagara Falls. Carried Unanimously. UNFINISHED BUSINESS AM-11/79, G.A. ROMEO CONSTRUCTION LTD., WEST SIDE OF RIVER ROAD BETWEEN JOHN ANDPHILIp STREETS Report No. 365 - PlanninS & Development Committee - The report recommends denial of the ap~lication for a 90-unit motel. -2- Communication No. 139 - Mr. J. Prentice - The communication suggests that the application be tabled to allow more time to get an answer from the Ministry of Transportation & Communications regarding plans or changes to take place in the subject area. AND Communication No. 140 - Mrs. W. Ruch- The communication expresses objection to the subject application. AND Communication No. 141 - Mr. A. Smith and Others - The communication and petition express objection to the subject application. AND Communication No. 142 - Mr. J. Marr- The communication expresses objection to the subject application. AND Communication No. 143 - Mr. D. Marinelli - The communication requests an opportul to address Council on this matter. AND Communication No. 144 - Mrs. C. Porter and Others - The petition expresses objection to the subject application. AND Communication No. 145 - Mrs. H. White and Others - The petition expresses objection to the subject application. AND Communication No. 146 - Mr. & Mrs. J. Prentice - The communication expresses objection to the subject application. AND Communication No. 147 - St. Catharines District Real Estate Board - The communication indicates that Mr. John Prentice is no longer employed as a sales representative with the St. Catharines District Real Estate Board. AND Communication No. 148 - Mr. P, Shepherd and Others - The petition expresses support of. Ithe subject application. Mr. D. Marinelli, solicitor for the applicant.~was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Orr. Mr. Marineill advised that the proposal was for the erection of a one hundred and thirty unit motel, consisting of forty double units and fifty single units. The site, which has forty-eight thousand square feet and four hundred feet of frontage on River'Road, is bounded by John Street and Philip Street. The site' plan was prepared by Mr. D. Chapman's office, and was designed with the intention of maintaining the historic and residential flavour of the area. Mr. Marineill stated that the general contours of the land would be maintained with two, three and four storey sections depend~g on which portion of the property the rooms are constructed. No elevators would be required for any portion of the proposal. Considerable landscaping would be done and it was intended that the design would not necessitate the destruction of mature trees on the site. Mr. Marineill indicated that Planning Department staff had origins felt the initial proposal as presented was too intensive a use for the site base on the fact parking and green area were not sufficient, however the applicant wa prepared to enter into a development control agreement which would reflec~ the requirements of City staff. Parking would be provided on a ratio of one space for each 1.3 units, which was higher than the requirements of the zoning by-law. The applicant would also agree to the provision of a 5% green area which would necessitate reduction of the scope of the development. Mr. MarineIll advised that the site has been the subject of several applications by Mr. J. Brown. - The Official Plan indicates that the area is considered stable residential whic~ should be maintained, and states there is insufficient evidence to suggest any change should be granted. Comments on the Central River'Road area prepared as a result of the previous applications, indicate there are three hundred and eighteen housing units and of that, two hundred and twenty-eight are single family constituting 72% of the housing in the area. On the basis of that calculation, the conclusion was reached that the area was mainly single family in nature. Mr. Yatrinelli stated that on River Road itself between John Street and Morrison Street, there are fifty-four lots. Of this amount, twenty-seven are single family, six are duplexes, two are multi-family, twelve are tourist homes and one is institutional. Single family residences represent 52%, and tourist homes represent 23%. Nr. Marineill felt the figures indicated that the major use on River Read was not single family since 48% represented ether uses. Another point of concern to the Planning & Development Connittee was the effect of fnture M,T,C. plans for the extension of Highway #420. The Committee had requested staff to contact the M.T.C. to determine a time table on when the' proposed plans would be implemented, The Ministry had no time table that could be provided, and had indicated no objection to the proposal. Property requirem - 3- would be indicated when a building permit is requested, and M.T.C. approval of the site plan would be required. Mr. Marinelii suggested that approving the application could be a means of having the M.T.C. formulate plans earlier. With respect to the concern of residents regarding parking of buses on River Road, Mr. ~rinelli indicated that the applicant would be willing to have a no parking provision in front of the proposal. Mr. Marinelli referred to a comment made that there are other available tourist commercial lands for development in the City, however he pointed out that the subject property was ideal for a tourist-commercial use and his client was not willing to develop other lands designated by the Municipality. In closing, ~Ir. ~rinelli stated that the proposal would generate $65,000 in tax revenue compared to the $5,000 generated at present, and would create ten permanent jobs. Mr. E. Blackadder, solicitor for the Niagara Parks Commission, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Merrett. Mr. Blackadder stated that the Niagara Parks Commission acknowledges that Council is in charge of determining what planning of land in the City will be, and to encourage good planning concepts not only in Niagara Falls, but particularly adjacent to Niagara Parks Commission lands. The Commission was incorporated to ensure the Falls were developed in a proper way and to allow visitors to see them and enjoy the surrounding beauty. Visitors can enjoy themselves, have good lodging and food, and hopefully leave tourist ~ dollars in the City. Mr. Blackadder advised that the Niagara Parks Commission has the responsibility of maintaining the beauty of the Falls and to ensure they are displayed in the most professional and attractive way possible, as well as to develop the lands along the Parkway. To achieve this goal, Mr. Blackadder stated that it is not a new policy of the Commission to oppose commercial development along the Commission's highways, and that the policy has been in existence since 1926. It was the opinion of the Commission that since traffic in the Park system has increased to almost double since 1963, an application for a high density motel would only add to the traffic congestion already in existence. The Commission felt this application was the first step in the . ladder for River Road becoming another Clifton Hill. Mr. Blackadder added that the Commission thought that Michael's Inn was to be the last application approved on River Road, and hoped the subject application would not be used to divide the common interests of the City and the Commission and force the City and Commission to take opposing sides. The Planning & Development Committee heard many individuals comment on the fact representatives were sent around to induce residents to sign documents stating they would not oppose the application on the basis the Niagara Parks Commission was not objecting, and Mr. Blackadder stated that when these residents learned the Commission was opposed, they withdrew their support. According to press coverage of the application, Marcel Dionne and other hockey players were involved in the proposal, however Mr. Blackadder stated that upon doing a search of the charter of the company, the names of Marcel Dionne or A1 Eagleson could not be found, and he questioned whether in fact they were involved. Mr. J. Brown commented before the Planning & Development Committee that he had spent months and years trying to build on the subject lands, and he had felt there had been discrimination in theepast. Mr. Blackadder stated that he had been under the impression Mr. Brown had owned these lands, however there is an ~offer to purchase between Mr. Brown and a numbered company for the unconditional sale of the land, and at the time of the meeting, Mr. Brown was not the owner of the lands. It was also stated that the application referred to ninety units in the motel, however a significant number were double units. Mr. Blackadder asked that the application be turned down, and that the City continue to work with the Niagara Parks Commission for the preservation of Niagara Falls. In response to a question raised by Alderman Fete, Mr. Blackadder stated that the Commission had opposed the Michael's Inn rezoning before the Planning and Development Committee, City Council and the Ontario Municipal Board. When the rezoning was approved despite the Commission's objections, an effort was made to work with the applicant to provide suitable parking conditions. Alderman Puttick referred to a comment made by Mr. Blackadder that the policy of the Commission regarding development of lands adjacent to Commission lands dated back to 1926~ and asked if it was not true that the Commission had recently passed a resolution to the effect the Commission would oppose further rezonings for commercial and industrial development along their lands. Mr. Blackadder refused to answer the question and pointed out that Alderman Puttick as a representative of the Commission, had taken an oath not to divulge Commission matters, and whatever occurred during the meeting of the Commission occurred within closed doors of the Commission and was covered under the oath. Mr. Blackadder further commented that Alderman Puttick had made known information arising from a Commission meeting, and that if the Alderman chose to break his oath~ that was his concern and he would not help him. Alderman Puttick stated -4- item six of the Commission's policy states that the Commission will support those things that are compatible with the Niagara Parks Commission and tourism and he asked Mr. Blackadder if he felt that by asphalting land in the Chippaws area to move traffic back into Commission lands was considered compatible. Mr. Blackadder stated that his purpose in attending the meeting was to express the Commission's opposition to the rezoning application, not to make personal comment or opinion on other matters. Alderman Puttick stated that since Mr. Blackadder was speaking on a matter over which Council had jurisdiction, he felt it was fair to discuss matters over which the Commission had Jurisdiction Mr. Blackadder stated that the Commission retained the firm of Richard Strong Associates when lands were expropriated south of Queen Victoria Park, and that firm had recommended in the best interests of the Commission, to acquire those lands. Mr. Blackadder further commented that whenever commercial development took place adjacent to Niagara Parks Commission lands, a conflict arises since the commercial development exploited the adjacent park lands. ~lderman Dilts asked if each application was considered by the Commission on its merits, or if all applications were dealt with under the blanket policy Mr. Blackadder advised that the Commission does have the blanket policy, howev each application is considered individually on its merits. [ Mr. Marineill stated that the allegations made by Mr. Blackadder were ver~ serious and he felt he should respond. With respect to the agreement of purch~ and sale between the numbered company and Mr. J. Brown, the agreement would appear to be unconditional and was accepted on December 26, 1978. Mr. ~mrinel, stated that what Mr. Blackadder failed to advise Council was that the agreemen does not close until August 1, 1979, and that in reality, Mr. Brown was and still is the registered owner of the property. If the application were denied the best Mr. Brown might have would be a lawsuit to force the purchaser to purchase the property. In response to the statement that Marcel Dionne was no shown as a director of the company, Mr. Marinelli advised that the records wou~ not indicate the names of the shareholders of the company, only the directors. In any event, Mr. Dionne's business manager was a director of the company. Mr. Marineill denied that the proposal had ever.b~en described as a ninety unf, motel and pointed out that the site plan states there will be fifty single and forty double units, resulting in one hundred and thirty units in total. As fa as any dealings with the public, Mr. Marinelli stated that he had not been present during discussions between the applicant and the residents. The resid. may have agreed to sell their properties on the basis of representation made that the Niagara Parks Commission was in favour of the proposal and that the proposal would go through. Mr. Marineill was very concerned at the use of any arbitrary power and in particular the Commission's policy of no commercial development along the River. While an opportunity is provided for a person to make a presentation to the Commission, there is no reason to expect there is a chance a proposal would be approved. Mr. Marineill also commented that when it suited the purposes of the Commission, a green park area adjacent to the Falls would be tuned into a parking lot, but when an individual wanted to mak, reasonable use of an area removed from the Falls, the Commission talked in terms of maintaining harmony and preservation of the area. Mr. J. Marr was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Dilts. Mr. Herr stated that he would lik, to withdraw a statement he had made regarding Mr. John Prentice and to publicl- apologize to Mr. Prentice for this statement which was made as a result of a misinterpretation of a letter from the St. Catharines Real Estate Board. ~' Mr. A. Smith was granted permission to address Council on the motion of ' Alderman Sobol, seconded by Alderman Dilts. Mr. Smith seated that the area ha' been zoned residential, and six times in the past eight years the residents haI the residents to have the zoning in continual turmoil by not maintaining the established zoning. Mr. Smith stated that traffic on Ontario Avenue the previ weekend was down to single lane because of parked cars, and a near fatal accid, had occurred in front of his home. Comment was aldo made on the stability of rock structure in the area, and the effect construction of the proposal could have on the area. Mr. Smith felt Council should not reverse the decision of the Planning & Development Committee and stressed the importance of good plann to protect the future. Reference was also made to one hundred and ninety acre in the City zoned tourist commercial that would bo suitable for such a development. Mrs. D. Durden was granted permission to address Council on the motion oft Alderman Puttick, seconded by AldermanNaeBaim. Mrs. Durden sta~ed that -5 - River Road had been a desirable residential area in the past but that circumstances have changed over the years. ~hny properties have deteriorated, and noise from helicopters, motorcycles and tour buses have made the area undesirable for residential living. Homes as private residents are slow to sell, frequently becoming apartments or multiple family dwellings which rapidly deteriorate because of absentee landlords. Mrs. Durden stated that between her property and Ellis Street, there were two empty lots in a state of neglect, two buses and a truck on one, and the corner property at Seneca was in a complete state of disrepair. Mrs. Durden asked if this was the best land use for the area, and suggested that this entire section of River Road be considered for rezoning. Mrs. Howatson, another area resident, agreed with the comments made by Mrs. Durden regarding deterioration of the homes in the area, and stated that she was in favour of some commercial type of development coming into the area to clean it up. Alderman Puttick stated that he had been through the area recently and had never really noticed the back lots with abandoned cars and weeds. The Alderman felt that people would not buy these homes and refurbish them to their original state because of the undesirability of the area for residential living. Alderman Puttick also commented that anyone with the money to take on this kind of development would have to have a proven financial background, and would not build just another motel, but a properly landscaped project to fit into the area better than the present adjacent uses. Alderman Marrett stated that his initial objection was due to the traffic patterns that could be a problem with future M.T.C. changes, and he had wanted more information from the Ministry. The Alderman felt the area would not revert to the gracious residential area it once was, and that consideration had to be given to the future. Alderman Merrett also felt the position of the Niagara Parks Commission with respect to commercial development was unreasonable, and suggested that both the Planning & Development Committee and the Commission meet and formulate a policy for the development of River Road. Alderman Dilts and Fera expressed their displeasure with the manner in which the Niagara Parks Commission had dealt with the application, and indicated their support of the proposal. Alderman Cheesman referred to the petitions presented on this matter, and commented that he was far more impressed by the words of Mrs. Durden than by a petition signed by residents living in other areas of the City. While those residents might be very interested in preservation of the area, they did not have the direct personal concerns and interests of the area residents. The Alderman felt the River Road area should be considered in its entirety and a policy for development formulated, and then individual applications would be considered. Alderman Sobol felt Council should address itself to planning on River Road, and stated that she considered_~he application to be premature on those grounds. ~ Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Hinsperger, that the application be approved. The motion Carried with the following vote: AYE: Aldermen Cummings, Dilts, Fete, Hinsperger, Merrett, Orr, Puttick and Schisler. NAYE: Aldermen Cheesman, HacBain, Sobol and Wallman. It was then moved by Alderman Herrerrs seconded by Alderman Cheesman, that the Planning Department staff correspond with the Niagara Parks Commission in order to hold discussions between the Planning & Development Committee and the Niagara Parks Cormlesion on future development of River Road. Carried Unanimously. NIAGARA PARKS COHHISSION RESOLUTION REGARDING ESTABLISILMENT OF FURTHER COI~IERCIAL OR INDUSTRIAL DEVELOPHENT BORDERING ON THE NIAGARA PARKWAy Report No, 309 - Deputy City Solicitor - The report provides an opinion on the legality of a resolution passed by the Niagara Parks Commission in opposition to any further commercial or industrial development of lands bordering on the Niagara Parkway and in granting or allowing access to or from any new connercial or industrial 8ires. ORDERED on the motion of Alderman HacBain, seconded by Alderman Sobol, that the report be received and filed. Carried Unanimously. ~UBLIC WORKS COr.~,ilTTEE Report No. 358 - His Worship, Mayor Thomson - The report provides information -6- on the possible establishment of a Public Works Committee. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, that the report be tabled. Carried Unanimously. WATER CONSERVATION Report No. 334 - City Manager - The report, which was tabled from a previous meeting, reviews the need for water conservation as previously approved by Council. Alderman MacBain conmented that while people might not like it, water restrictions were inevitable. The restrictions were not as a result of a scar~ of water, but due to the water distribution system of the City and the lack of funds available to improve the system adequately. Due to the on-going progran~ of restraint, Alderman MacBain could not foresee there being sufficient funds within the next few years to carry out all of the necessary improvements to thE~ system, and he suggested that restrictions-would be necessary unless there was an exceptionally rainy summer. Alderman Dilts agreed with the comments in the report and stated that Council would have to weigh the necessities and luxuries and set priorities fo~i the future. The Alderman commented that he was in favour of the use of water meters and suggested that consideration should be given prior to budget time to this matter. Alderman Dilts felt water meters would pay for themselves and would be a further means of conserving water. The disadvantage to the flat rate system was that senior citizens on a fixed income pay the same water bill as a family of five or six, or a residence with a swinnning pool. The Director of Municipal Works explained that water restrictions are normally caused by a shortage of water of an emergent nature. Restrictions all the water supply to be built up for fire fighting purposes particularly, while water conservation discourages the waste of water, such as the watering of la~ during the daytime. According to the Niagara Parks Commission, watering of lawns in the early morning or evening hours was ]~re efficient and more boneill' than daytime watering. The Director of Municipal Works also advised that at tt time, the system was very close to requiring water restrictions. It was agreel that meters would pay for many of the improvements necessary for the system. The Director of Municipal Works explained that the Region's new trunk watermait should improve the system, and it was planned to do hydrant tests in September to determine if water pressure will increase. Alderman Merrett stated that water restrictions were imposed until the end of September and many people felt they were~unnecessary after Labour Day. The Director of Municipal Works indicated that the previous year after the first or second week in September, staff re-assessed the need for the restriction and subsequently it was cancelled. It was further indicated that restrictions would be re-assessed at the beginning of September this year as well. Alderman Sobel commented that there is a problem with water pressure.and conservation, and questioned which should have the greater priority. The Alderman stated that she would like to see emphasis placed on allocating funds to improve water pressure in the City. Alderman Fera noted that the question of water meters had been discuss~H on a number of occasions, at which time it had been explained that the City could not afford the initial cost of water meters. The Director of Municipal Works stated that it would cost approximately $2 million to install meters throughout the Municipality. After further discussion, it was moved by Alderman MacBain, seconded by Alderman Dilts, that Council reconfirm the imposition of water restrictions between the hours of 9:00 a.m. and 6:00 p.m. until September 1st, 1979, at time the need for continued restrictions will be re-assessed, Carried Unanim0 REPORTS No. 366 - City Manager - Re: Meadowale Extension Proposed Subdivision. The r recommends approval of the proposed plan subject to five conditions, and also Council certify by resolution+ that the development conforms to Official Plan Amendment No. 28 of the Niagara Falls Plannin8 Area as amended and approved by the Minister of Housing. Mr. W. 81ovak, solicitor for the developer, was granted permission to -7- address Council on the motion of Alderman MacBain, seconded by Alderman Cummings. Mr. Slovak stated that he wishedlto discuss with the Council the walkway and alternate means of access raised in the report. The subdivision lands were purchased by the developer from the Niagara South Board of Education including a ten ft. strip of land which joins the lands to Mitchell Avenue. The strip of land would have been intended as a walkwav had the Board constructed a school. Mr. Slovak stated that when the proposal was considered by the Planning and Development Committee, it was mentioned that this strip o~ land was an existing walkway, and he stated that it was not an existing walkway. The neighbours on both sides of the walkway have maintained this property in the past. Mr. Slovak stated that the request of the Municipality is not only for a walkway but a vehicular access route, and the concern of the residents was how to control use of the walkway by motorcycles, mini-bikes and hot redders. Of the twenty-seven lots in the subdivision, Mr. Slovak advised that three lots ironted on Freeman Street so that actually there were twenty-three lots in the cul-de-sac for the purposes of the Fire Department. According to the Declaration of Policy for Development of Subdivisions, which Mr. Slovak considered to be a guideline, there are two types of footpaths: one to provide emergency access with a minimum of ten ft. in width and one for pedestrians six ft. in width. Mr. Slovak stated that the policy does not set out any criteria or rule on the location of walkways, and whether in fact walkways are mandatory. Mr. Slovak felt that to impose the walkway would affect the saleability of the lots in the subdivision, and for the size of the development, he questioned whether a walkway should really be imposed. The Director of Municipal Works advised that the walkway was not shown on the plan attached to the report since the developer had not included it, and it was being imposed as a condition of approval. The intent in having walkways into cul-de-sacs was to provide a walkway and secondly for emergency access. The Director of Municipal Works indicated that C.M.H.C. feels it necessary to have a secondary access into a cul-de-sac, not necessarily open for traffic as a roadway, but to permit an emergency vehicle such as a Fire Department pumper, if the main access into the cul-de-sac were blocked. The Director of Municipal Works recognized the problems involved with walkways and suggested the use of some type of posting system at the entrance. The Fire Chief indicated that such posts had been installed at the Buckley Avenue complex and could be knocked down by his equipment in an emergency. The Fire Chief further explained that there could be a situation where Fire Department vehicles are blocking the intersection to a cul-de-sac, and an ambulance would have to have an alternate access in order to remove injured persons. Alderman Merrett stated that for the day-to-day practicality, walkways were a nuisance because of mini-bikes, etc., and he felt they should not be included in plans of subdivision. In response to a question raised by Alderman Chessman, the Deputy City Solicitor commented that he did not feel the City could be held liable by residents in the event of a fire i~ a walbay were not provided in a subdivision. Such conditions are imposed by virtue of the Planning Act which gives the Minister the right to impose certain conditions. The City could not invite liability if access was not required as a condition of approval. Alderman Chessman asked if the City could still be held liable if the Minister imposed such a condition and the City did not comply. The Deputy City Solicitor stated that in such a circumstance, the City could be liable. The Planning Director stated that for many years walkways have been desirable in cul-de-sacs for the convenience of the residents, to save them from walking long distances between different areas of a subdivision. It was also advised that walkways have been included in C.M.H.C. guidelines for many years, and while C.M.H.C. might not refuse to insure a mortgage if a walkway was not included, this stipulation had been included in the guidelines for a reason. C.M.H.C. could take the position that if an individual wanted a mortgage insured, their guidelines must be followed. The Planning Director also pointed out that the same conditions have been applied to other subdivisions throughout the City. The Director of Municipal Works stated that if Council did not want the walkway ~3 included, the same consideration should be given to the Mount Forest Mark III Subdivision which was also a Board of Education block of land, where a similar walkway was included. In response to a question raised by Alderman MacBain, the Fire Chief advised that his vehicles could get into the cul-de-sac through the walkway. He also stated that the walkway could be used as an exits as well for residents in the cul-de-sac in the event of an emergency situation, -8- Following further discussion, it was moved by Alderman Sobel, seconded by Alderman Dilts, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others voting in favour. No. 367 - City Manager - Re: Mount Forest II Subdivision. The report recommend~ approval of a one-year extension of the draft plan approval until August 19, 19~ ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 368 - City Manager - Re: Proposed Drummond Park Village Subdivision. The report recommends approval of the partial registration of the plan subject to six conditions. ORDERED on the motion of Alderman Dilts, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 369 - City Manager - Re: Proposed Ground Sign, Town & Country Plaza on Portage Road. The report recommends approval of a request to increase the heig~ of the present ground sign at the Town & Country Plaza in order to allow space on the sign for advertising for the A & P Store in the Plaza. ORDERED on the motion of Alderman MacBain, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. No. 370 - City Manager - Re: Sidewalks on Jupiter Boulevard, Olden Avenue, Greet Boughs Road and Woodgate Street. The report advises that there would be a cost of $35,400 involved in relocating sidewalks as requested by the residents, as a result of providing additional cover over Niagara Falls Hydro underground services. AND Communication No. 149 - Residents of Green Boughs Road, Olden Avenue and Woodgate Street. The petition states that certain residents would prefer to have the sidewalks constructed with 10 ft. boulevards as outlined in the plans for the subdivision and as preferred by the Greater Niagara Safety Council. Mr. R. Hicks was granted permission to addre~Council on the motion of Alderman Sobel, seconded by Alderman Cummings. Mr. Hicks presented a letter on behalf of a resident of Olden Avenue requesting that his name be removed from the petition requesting the ten ft. boulevard, because he had misunderstood the intent of the petition. Mr. Hicks also advised that an individaal who had purchased a new home in the subdivision was also in favour of the reduced boulevards. With respect to the additional cost involved in covering the hydro cable, Mr. Hicks asked if it was absolutely necessary, or if this was only the preference of Niagara Fails Hydro. The Director of Municipal Works stated that this point had been double checked, ~nd the Niagara Falls Hydro Commission have indicated the additional cover would be required. Mr. T. Grease was granted permission to address Council on the motion of Alderman Fore, seconded by Alderman Orr. Mr. Gross indicated that some of the residents in the subdivision have been waiting three years for sidewalks, and 'it would be Fall before construction would be completed. Mr. Grease asked .that the sidewalks be installed at the standard location so as to improve the appearance of the streets and increase property values. The Director of MuniciF Works explained the timing of construction for sidewalks, curbs and g~tters, will all be included in one contract with construction likely to commence in August and to be completed in October. Following further discussion, it was moved by Alderman MaeBain, seconded by ,; Alderman Dilts, that the requests for reduced boulevards b~ denied and that sidewalks be constructed at the standard location. Carried Unanimously. No. 371 - City Manager - Re: Tenders - Gasoline, Diesel Fuel & Lubricants. The ~ report recommends that Gulf Oil Company be awarded the gasoline, diesel fuel and lubricant tender. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, that the report be received and adopted. Carried Unanimously. See Resolution No. 6 No. 372 - City Manager - Re= Fire Department Hose. The report recommends that the firm of C.E. Hitkey Company be awarded the tender for the supply of Fire Department Hose. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, that the report be received and adopted. Carried Unanimously. See Resolution No. f No. 373 - City Manager - Re; Contract W.I. 8-79~ Watermain Insta!!atiens on Main Street from Willoughby Drive to Eodom Road. The report recommends: 1) That any necessary funding required for the contract in excess of the approved $140,000 allocated under By-law 76-258, be financed from the 1979 Operating Budget Account #32203 (Contribution to Capital Budget Projects); and 2) That the unit prices submitted by Covello Brothers Limited be accepted. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, that the report be received and adopted. Carried Unanimously. See Resolution No. 65 ~ee By-law No. 79-106 CO~LMBNICATION No. 150 - Mr. J. Palin and Others - Re: Carroll Avenue. The communication requests the assistance of City Council with respect to problems experienced by truck traffic entering the Bright Canning Company warehouse from Carroll Avenue, and also the lights on the Carroll Avenue side of the warehouse. }fr. Palin and 1Jr. Krutecky stated that they were unable to get out of their driveways at times, and that the lights from the warehouse shone into their windows through the night. His Worship, Mayor Thomson advised that ~ the matter will be investigated and a report prepared for the next meeting of Council. ORDEF~D on the motion of Alderman Cummings, seconded by Alderman Dilts, that the matter be referred to staff for the preparation of a report to be considered at the next meeting of Council. Carried Unanimously. REPORT No. 374 - Planning & Development Committee - Re: Proposed Street Name Changes. The report recommends: 1) That Council authorize advertisement of a proposed by-law once a week for four consecutive weeks in the local paper after which time Council will arrange for a special meeting to hear presentations from the public on the proposed street name changes by-law prior to enactment; and 2) That a request be sent to Welland Council to obtain their agreement to the proposed change of that section of Creek Road which lies within the City of Welland so that it conforms with the name change proposed for that section within the limits of the City of Niagara Falls. ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 375 - City Manager - Re: Collection of Cardboard in the Downtown Business Area. The report recommends approval of a proposal by Mr. F. Fiere to collect cardboard, if separated from other wastes, free of charge from the downtown area, as it has recycling value. ORDERED on the motion of Alderman Dilts, seconded by Alderman Sobel, that the report be received and adopte~. Carried Unanimously. It was moved by Alderman Dilts, seconded by Alderman Orr, that the meeting adjourn to Committee of the Whole. Carried Unanimously. .&& · aaa READ AND ADOPTED, /S.~.'CSLLI~SaN' 6I~'C~E~'" MAYOR WAYNE THOMSON COMMITTEE' June 25, 1979 Council met in Committee of the Whole on Monday, June 25, 1979, during a regular meeting of Council. All members of Council were present. Alderman Dilts presided as Chairman. It was moved by Alderman Chessman, seconded by Alderman Cummings, that the Committee of the Whole rise and report in formal session on the action taken - 10 - in Committee of the Whole. The motion Carried with Alderman Puttick voting contrary, and all others voting,~ = AND OPTED, ... OLL , ~I~'CLE~~ MAYOR WAYNE THOMSON Council Chambers June 25, 1979 Council reconvened in formal session on Monday, June 25, 1979 following a meeting in Committee of the Whole. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. The meeting continued. COMMUNICATIONS No. 151 - Mr. D. Sheedy - Re: Sunday Sports. The conmunication commends the actions of City Council, representatives of the Greater Niagara Baseball Associa and the Greater Niagara Ministerial Association for resolving the conflict that had arisen ovsr Sunday sports. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. RESOLUTION No. 66 - MACBAIN - CHEESMAN - RESOLVED that inasmuch as the Greater Niagara Baseball Association has withdrawn its request fo~L.permission for the use of City Parks prior to noon on Sunday mornings; THEREFORE BE IT RESOLVED that the action taken at the Council meeting of May 28, 1979, with respect to this request, be rescinded; AND the Seal of the Corporation be hereto affixed. Carried Unanimously COMMUNICATIONS No. 152 - Regional Municipality of Niagara - Re:t1979 Annual Conference of the Roads and Transportation Association of Canada. The conununication requests the approval of Council for the attendance of Alderman MacBain, at the subject conference to be held in Regina, Saskatchewan from September 17 - 20, 1979. Alderman MacBain requested that the communication be withdrawn from the ageode and indicated that he would deal with the matter personally. ORDERED on the motion of Alderman MacBain, seconded by Aldet~nan Hinsperger, that the communication be withdrawn. Carried Unanimously. No. 153 - Regional Municipality of Niagara - Re: School Crossing on Morrison Street at St. Mary's School. The cor~nunication advises that the use of flashing lights or other auxiliary warning devices at school crossings is non-standar~ and cannot be recommended and suggests that the Regional Police be contacted in an attempt to correct the problem by means of selective enforcement. ORDERED on the motion of Alderman gchisler, seconded by Alderman Cummings, that the Regional Police be contacted in an attempt to correct.the current situation. Carried Unanimously. No. 154 - Ministry of Intergovernmental Affairs - Re: Public Utilities Amendment Act, 1979 and The Municipal Amendment Act, 1979. The communication requests comment from the Municipality on the subject Bills. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be referred to staff for the preparation of a report, Carrie~ Unanimously. No. 155 - Ministry of Intergovernmental Affairs - Re: Regional Municipalities Amendment Act, 1979. The communication requests comment from the Municipality on the subject Bill. ORDERED on the motion of Alderman Fare, seconded by Alderman Dilts, that the communication be referred to staff for the preparation of a report. garried Unanimously. - 11 - No. 156 - Mrs. D. Pierrynowski - Re: Niagara Falls Residents on Bell Canada Welland Exchange. The communication requests assistance of the City in eliminating long distance charges for those residents in the City on the Welland exchange. Alderman Dilts indicated that he had learned that Bell Canada may be making some changes in the not too distant future that could assist these residents of the City. His Worship, Mayor Thomson stated that he had been dealing with Bell Canada on this matter, and the City was following the action recommended by Bell Canada. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the City Clerk provide an explanation of the City's action on this matter to date. Carried Unanimously. No. 157 - Ministry of Housing - Re: Ontario Home Renewal Programme. The communication advises that the Ministry has approved the City's application for a Provincial grant for the current 'fiscal year, and that an accountable advance in the amount of $58,095.14 has been made. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the communication be received and filed. Carried Unanimously. No. 158 - Ministry of the Solicitor General - Re: Re-entry of United States "Skylab". The communication advises of arrangements made in preparation of the anticipated re-entry of Skylab into the earth's atmosphere. ORDERED on the motion of Alderman Dilts, seconded by Alderman Wallman, that the Municipality participate in teh emergency program proposed by the Ministry. Carried Unanimously. No. 159 - Niagara Falls Oldtimers Hockey Association - Re: Annual Tournament. The communication requests permission of the City to run a beer tent at the Association's annual tournament to be held at Ker Park from July 18 - 22, 1979 in conjunction with the Niagara Falls Oldtimers Fastball Club. In response to a question raised by Alderman Schisler, the City Clerk stated that the tournament would have to be cleared through the Recreation Commission, and suggested that Council's approval be given to subject to the approval of the Commission as well. It was further indicated that the approval would not extend to the Sunday morning during the tournament. Mayor Thomson also advised that the beer tent would not be permitted to operate prior to noon under Provincial regulations. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the request be approved subject to similar approvals being received from the Recreation Commission, the Regional Police, Fire Department, Health Unit and the L.L.B.O. The motion Carried with Alderman Chessman voting contrary, and all others voting in favour. REPORTS No. 376 - Planning & Development Committee - Re: AM-2/78, J. Angotti, Ferry Street and Victoria Avenue. The report recommends approval of the application subject to Development Control and that the items mentioned by City staff and the Region be cleared up and any major discrepancies be brought to the Planning & Development Conmittee for final approval. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously, See Resolution No. 67 See By-law No. 797107 No. 377 - Planning & Development Committee - Re: Draft Zoning By-law and Necessary Official Plan Changes, Public Meeting Schedule, The report recommends approval of the arrangements made for publicity on the draft zoning by-law and necessary Official Plan changes. ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 378 - City Manager - Re: Contract D.C. 01-79, Conrail Drainage Channel Siphon Structure. The report recommends approval of the extension of the shut down of the Regional trunk watermain to July 12, 1979, and that a copy of the report be sent to the Regional Municipality of Niagara. ORDERED oti the motion of Alderman Sobol, seconded by Aideman Dilta, that the report be received and adopted, Carried Unanimously, No. 379 - City Manager - Re: Surplus School Board Properties Falls View/Mount Carmel Sites and St, Francis School. The report recommends that the Niagara - 12 - South Board of Education be informed that the City is no longer interested in purchasing the Falls View surplus property; and that staff proceed as Council directed to prepare to purchase five acres of the Mount Carmel Site for use in combination with Father Hennapin School and the H.E.P.C. right-of-way. ORDERED on the motion of Alderman Fera, seconded by Alderman Sobel, that the report be received and adopted. Carried Unanimously. No. 380 - Alderman C. Cheesman - Re: Laying of Corner Stone, Old Stone Inn. The report advises of au invitation extended to the City Council to attend the occasion of the laying of the Corner Stone of the Old Stone Inn on July 4th, 1979. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 381 - City Manager - Re: Vacancy - Planning and Development Committee. The report requests that Council appoint a person to fill the vacancy created by the,' ""';:';: ;: :;' ;.?' 7';;:: :77,:'ZZ;Z?. :'::Z: ,,. [ 1 , J r Committee. Following several ballots taken, Mr. K. Angle was chosen to fill the vacancy on the Planning & Development Committee. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that~. Mr. K. Angle be appointed to the Planning & Development Connittee. Carried Unanimously. No. 382 - Alderman A.A. MacBain - Re: Requests for Donations. The report reconunends that no contributions be made to the Village of Iron Bridge and Fieldl~ Springer Disaster Felief Funds as well as Project Recognition. Alderman Sobel indicated her disappointment that some effort could not be made to provide some kind of donation to the disaster relief funds, and stated that if the situation were reversed and Niagara Falls was in need of funding, she would feel badly if other municipalities took this same attitude. Alderman Cheesman agreed that some kind of gestur.~eshould be made to assist these municipalities. ORDERED on the motion of Alderman MacBeth, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with the following vote :I AYE: Aldermen Cummings, Dilts, Rinsperger, MacBain, Merrett, Orr and Schisler. NAYE: Aldermen Chessman, Fera, Puttick, Sobel and Wallman. No. 383 - City Manager - Re: 1979 M.T.C. Subsidy Allocation. The report advises that the Minister of Transportation and Communications has authorized a supplemet subsidy allocation to the City in the amount of $150,000 for construction of ate' sewers, and requests that the Ministry be requested to have the extra monies in-' cluded in the "normal allocations" from the M.T.C. near the beginning of the yea~ ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger, the{ the report be received and filed, Carried Unanimously. No. 384 - City Manager - Re: Your Host Motor Inn Limited, Minor Variance Application A-32/79. The report advises of the subject Minor Variance gr~nted to permit the construction of a seven storey motor hotel with a height of fifty feet on Stanley Avenue and a height of approximately sixty-five feet on Buchanan Avenue. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. -- No. 385 - City Manager - Re: Mount Forest Mark III Plan of Subdivision, Agreemen with Sunnylea Construction Limited and Kerry T. Howe Limited for Engineering Services. The report recommends passage of a by-law to provide for the firm of Kerry T. Howe Limited to carry out the engineering services for the subject subdivision. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No, 79-10 No. 386 - City Manager - Rel AM-17/79, MarSus gecurities Limited, Proposed Rezoning from Parking to Water glide, Northwest Corner of Dunn Street and Stanley Avenue. The report advises of an application recently submitted to the City to change the zoning from "Parking" to "Tourist Commercial" in order to permit an outdoor amusement described as a water slide. OBDERED on the motion of Alderman Cummings, seconded by Alderman Dtlt8, that the report be received and filed, Carried Unanimously, - 13 - No. 387 - City Manager - Re: Canadian Institute of Planners. The report recommends that the Planning Director be authorized to attend the subject conference to be held in Halifax, Nofa Scotia from August 5 - 9, 1979. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 388 - His Worship, Mayor Wayne Thomson - Re: Downtown Revitalization Project. The report recommends acceptance of a proposal by Mr. AoV. Crate for a Downtown revitalization project, subject to the necessary legal agreement and detailed work programme, including timing, being prepared and entered into. ORDERED on the motion of Alderman Orr, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 389 - City ~nager - Re: Proposed Land Severances .- Crowland Avenue. The report recommends that Council authorize a letter to be sent to the Land Division Committee indicating that Council is opposed to the approval of four applications (B-275/79, B-276/79, B-277/79 and B-278/79)to create four lots on Crowland Avenue and a remnant parcel fronting on Yokum Road, at such time as they are reconsidered and, if approval is given, that staff be authorized to appeal the decision to the Ontario Municipal Board. The Director of Municipal Works provided additional information in response to a question raised by Alderman Schisler. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 390 - City Manager - Re: Perkins Street. The report recommends preparation of the necessary by-laws to revert Perkins Street to a two way operation and to prohibit parking on both sides. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Merrett abstaining on a conflict of interest, and all others voting in favour. No. 391 - City Manager - Re: Annual Conference - Association of Municipalities of Ontario. The report advises that the City is entitled to five voting delegates at the subject conference to be held in Toronto from August 19 - 22, 1979. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that AIdeomen Fern, Merrett, Orr, Puttick and Mayor Thomson be authorized to attend the conference. Carried Unanimously. No. 392 - City b~nager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Schisler, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously. No. 393 - City Manager - Re: Proposed Conrail Drainage Channel Property Requirements from Ontario Hydro. The report recommends that Council authorize payment to Ontario Hydro of an amount of $10,080 for easements and property acquisitions required from Ontario Hydro for the Conrail Drainage Channel. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that the report be received and adopted, Carried Unanimously. RESOLUTIONS No. 62 - MACBAIN - MEREETT - RESOLVED that the application of Group 2 Development Limited for a ground sign at a height not exceeding 29 feet 3 inches above grade, be approved; AND the Seal of the Corporation be hereto affixed, Carried Unanimousl. Z No. 63 - SCHISLER - SOBeL - RESOLVED that the unit prices submitted by Gulf Oil Company for the supply of gasoline, diesel fuel and lubricants, be accepted at the prices quoted; AND the Seal of the Corporation be hereto affixed. Carried Unanimousll No. 64 - SCMISLER - SOBeL - RESOLVED that the quotations submitted by C.E. Hickey and Sons for the supply of Fire Department Hone, be accepted at the following prices~ 1) 14 - 100' Lengths 4" Hi-Vol Fire Hose Coupled Storz - $6,146.00; 2) 4 - Soft Lengths 1~" "Red-Chief" Fire Hose Coupled Pyrelira - $516,00| and 3) 3 Adapters 4" Storz to 2~" Fenmle - $207,00; AND the Seal of the Corporation be hereto affixed. Carried Unanimous1/_ - 14 - No. 65 - SCHISLER - SOBOL - RESOLVED that the unit prices submitted by Covello Bros. Limited for the installation of a watermain on Main Street from Willoughby Drive to Sodom Road, be accepted at the tendered price of $149,703.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimous!j No. 66 - SEE PAGE 10 No. 67 - FERA - DILTS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-107 for the rezonint of lands on the north side of Victoria Avenue, east of Ellen Avenue, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as be hereto affixed. a i . RESOLUTION OF ALDERMAN MACBAIN ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that the resolution be tabled. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that leavet be granted to introduce the following by-laws, and the by-laws be read a firs~t time: No. 79-106 - A By-law to authorize the execution of an agreement with Covello' Bros. Limited for the installation of watermains. No. 79-107 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-2/78, Angotti) No. 79-108 - A By-law to authorize the execution of agreements respecting thei: Mount Forest Mark III Subdivision. No. 79-109 - A By-law to provide monies for general purposes. Carried Unanimous~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the following by-laws be now read a second an~ third time: No. 79-106 - A By-law to authorize the execution of an agreement with Covello' Bros. Limited for the installation of watermains. ~ No. 79-107 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-2/78, J.; Angotti) No, 79-108 - A By-law to authorize the execution of agreements respecting the Mount Forest Mark III Subdivision. No. 79-109 - A By-law to provide monies for general purposes. Carried Unanimous' NEW BUSINESS BRIDGEWATER STREET Alderman Dilts stated that he had received a number of calla regarding Bridgewater Street, indicating that a number of vehicles have gone into the River, The Alderman suggested that the area be reviewed and that considerstic be given to the possibility of installing a guard rail and/or additional sign TRUCK TRAFFIC - ST. PETER AND ST. JAMES AVENUES Alderr~n Puttick advised that he had repeatedly asked to have trucks stow from using St. James and St. Peter Avenues for gaining entrance into the Town and Country Plaza on Portage Road. The Alderman advised that staff have cont~ representatives of the Plaza to no avail. ~he Aldermen suggested that a sign Could be placed at the rear of the stores that no trucks are allowed on sithal - 15 - St. James or St. Peter. The Director of Municipal Works advised that he understood there was a truck prohibition on St. Peter however he did not think there was a similar prohibition on St. James. Alderman Puttick indicated there were signs posted on both streets. It was moved by Alderman Puttick, seconded by Alderman Merrett, that the matter be referred to staff for the preparation of a report. Carried Unanimously. PARKING PROBLE}I - SIXTH AVENUE Alderman Puttlck advised that persons using Palmer Park, park their cars on Sixth Avenue near the railway tracks and cross the tracks to get to the Park. The Alderman indicated that the residents were experiencing problems because of this practice, and in one instance, a child was nearly hit by a car which had backed up onto a lawn. It was moved by Alderman Puttick, seconded by Alderman Htnsperger, that the Y.M.C.A. be contacted in an attempt t~_resolve the problem. Carried Unanimously. GREATER NIAGARA GENERAL HOSPITAL Alderman Puttick stated that during his recent stay in the Hospital, he had been advised by a number of nurses of problems in the hospital affectin~ the efficiency and morale of the staff. The Alderman stated that according to his information, there had been a drop in efficiency as far as patient care was concerned, which could have very serious consequences. Due to cutbacks in Provincial funding, there had been a suggestion made that the Hospital might have to go to the public for additional funding in order to maintain a certain level of service. Alderman Puttick also advised that an efficiency study had been undertaken at the Hospital recently. The Alderman suggested that Council request a meeting with the Board of Governors of the Hospital to discuss this problem, and that representatives of the various associations of the Hospital be invited to attend as well. Alderman Dtlts stated that the Board of Governors has expressed many of the same concerns as Alderman Puttick due to the reduction in Provincial funding. The Alderman pointed out that this had been one of the reasons for the recent problem with the local ambulance service. Alderman Dilts was confident that the Board of Governors would welcome the opportunity to sit down and discuss the matter with Council, and suggested that the City could assist the Hospital with these problems. Alderman Cummings agreed that the morale was very low among the nurses and orderlies at the hospital, and stated that no fnll-time nurses are being hired, only part-time nurses. The Alderman was concerned that the high service the City has enjoyed in the past could reach the point that citizens are suffering. Alderman Cummings also commented on the efficiency study that is being carried out and advised that employees are even being timed and questioned at all hours and while they are attempting to provide patient service. Alderman Cheesman pointed out that 80% of the cost of operating a hospital is manpower, and in order to keep within the budget, this was the item that had to be reviewed very closely. While it was a very difficult period of time from one administration to another, Alderman Cheesman did not feel this necessarily meant a lower quality of service, and that the purpose of the study was to ensure a certain standard remained. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Cummings, that the Board of Governors of the Greater Niagara General Hospital be requested to meet with Council to discuss the matter. Carried Unanimously. INTERSECTION OF KALAR ROAD AND BEAVERDAMS ROAD Aldermen Sobol advised that the intersection of Kalar Road and Beaverdams Road had been slated for improvement by the Region, however she had heard nothing further on this matter for some time. The Alderman asked that staff check into the status of these improvements. PLANNING AND DEVELOPMENT CO~ITTEE Aldermen Fera asked that Council give some consideration to the replacement of Alderman Orr on the Planning & Development Committee. Aldermen Orr indicated that he found it difficult to attend all of the Committee meetings due to many commitments that he had. ~hiyor Thomson suggested that the members ofcGl~ncil - 16 - consider the matter and deal with the appointment at a future meeting of Council. CLOSING OF COCA COLA BOTTLING PLANT His Worship, Mayor Thomson advised that it was now official that the Niagara Falls Coca Cola Bottling Plant will be closing their Iocal facilities and operating out of Hamilton in the Fall. The Mayor indicated that this had been a long term plan, and there would be no change in the decision. RATIFICATION OF COMMITTEE OF THE WHOLE DECISION - S~MRAY TAX. ARREARS His Worship, Mayor Thomson advised that after many months of discussions, an agreement has now been reached on payment of the tax arrears owed by Samra~ for the Bridge Street and Victoria Avenue properties. The ~yor indicated tlul the payment was not for the full amount owing, however Council had taken this action on the advice of legal counsel, Mr. M. McQuaid. ~yor Thomson thanked~ Mr. McQuaid for the job done and for his many hours of involvement. The City Solicitor advised that a by-law had been prepared for consideraN of Council, to authorize the execution of an agreement between the City and Samray. The agreement deals with the procedure the present time on, and the arrangement for Samray to pay an amount of $357,200. This amount would be paitl in two installments, $50,000 upon signing of the agreement, with the balance c.~ $307,200 to be paid when a demolition permit is issued for the Victoria Avenud~ building. The City Solicitor further advised that the payment will be in satisfaction of the tax arrears and discontinuance of the City's action in t Supreme Court of Ontario against Samray. The agreement would also deal with the demolition of the building, and it was proposed that blasting will be used' for the ~3or part of the demolition. Alderman Puttick asked what the total amount of tax arrears was on the Samray property. The City Treasurer advised that $442,000 was the amount on the City's writ. Alderman Puttick stated it wa_Esobvious he could not change the Council's mind on the matter, but he felt the agreement would haunt Counci~ down the road. BY-LAW ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 79-110 - A By-law to authorize the execution of an agreement with Samray Limited. Carried with Alder Puttick voting cot and all others in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that tht by-law be now read a second and third time: No. 79-110 - A By-law to authorize the execution of an agreement with Samray Limited. '- Carried with AldeI Puttick voting co~ and all others vot in favour. It was moved by Alderman Fera, seconded by Alderman Chessman, that the mee~iBg adjourn, Carried Unanimously. 'M~YOR WAYNB THOMS( TWENTY-FIRST MEETING Committee Room #1 July 9, 1979 COMMITTEE OFT HE WHOLE Council met on Monday, July 9, 1979 at 6:00 p.m. in Committee of the WTaole. All members of Council were present. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~ · · ' · a. READ AND ADOPTED, a/i.'c&i isoH; &i 'ciEi' Council Chambers July 9, 1979 Council met on Monday, July 9, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Sobol, seconded by Aldernmn Wallman, that the minutes of the meetings held on June 18th and June 25th, 1979, be adopted as printed. Carried Unanimously. DEPUTATION PERKINS STREET Mr. C. Johnson was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Hinsperger. The motion Carried with Alderman Merrett abstaining on a conflict of interest, and all others voting in fayour. Mr. Johnson presented a brief to th~ members of Council signed by the businesses and residents of Perkins Street. In explaining the history of Perkins Street, FAr. Johnson advised that the street was originally open to two-way traffic, ~however the people petitioned the former T~nship of Stamford Council to have traffic limited to one way. The residents and businesses on Perkins Street were very upset upon reading the article in the newspaper stating that the businesses wanted the streetschanged to two-way traffic. Mr. Johnson indicated that he contacted each person on the street, and no one had been aware of the change. It was explained that Perkins Street was only eighteen ft. wide, and during the winter it was very difficult for cars to get through the street because of the snow. Mr. Johnson questioned where the snow would be placed if the street were open to two-way traffic, and commented that since the City had a by-law preventing persons from pushing snow on to City property, he did not want City snow ploughed on to his property. The Projects & Services Engineer explained that he had been contacted by Alderman Merrett on behalf of the businesses in his office building st the corner of Drummond Road and Perkins Street. There was inconvenience to businesses in the area caused by one way traffic and it was agreed that there would also be inconvenience because of the additional traffic that could be attracted to the street. The Pro~ects & Services Engineer stated there was no question the street was quite narrow and sub-standard, however the street will allow two cars with parking prohibitions on both sides. It was not felt that a large voluate of traffic would use Perkins as a through street between Drummond and Portage. The Projects & Services Engineer commented that the issue was the inconvenience tO the businesses versus the inconvenience to the people in the neighbourhood. -2- His Worship, Mayor Thomson indicated that he had been presented with a petition from Mr. R. Merrett, signed by twenty-two persons representing ten businesses in the area. Mr. H. Merrett was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Dilts. The motion Carried with Alderman Merrett abstaining on a conflict of interest, and all others voting in favour. Mr. Merrett stated that his main reason in requesting two-way traffic was for the safety of vehicles turning off Drummond Road on to Perkins Street. Of the many cars that turn down Perkins Street, Mr. Merrett estimated that half notice it is one-way, stop abruptly, and then attempt to back out onto Drunnnond Road which sooner or later would cause a serious accide~ Mr. Herrerr stated that the other half continue on down Perkins Street anyway, Mr. Herrerr stated that many of the people turning into his office building must also back out onto Drummond Road which is hazardous. Perkins Street is one of the least travelled streets in the City, and Mr. Herrerr felt that by making it two way, there wouldn't be that much more traffic on the street. Alderman Cummings commented that one of his concerns had been cars coming~ off Perkins Street and attempting to make a right hand turn onto the bridge, which would be almost impossible. Mr. W. Feiguth of Crest Furniture advised that if he did not clean out th~ corner of Perkins and Portage in the winter, it would not be possible to get the street. He pointed out that it was difficult to get through Perkins Stre~ with one car, let alone two. Presently with cars backing out of businesses Perkins, when another car comes along it drives right over the residents' yarq Mr. Fetguth did not feel Perkins should be changed to two-way traffic and advised that even though there is no parking permitted on either side of the street, cars park along the road ~nyway. Many times Mr. Feiguth's customers cannot back out of his parking lot because of cars parked on the road, and it has been necessary in the past to call the police when the owners of the cars would not co-operate and move them. In response to a question raised by Alde~man Puttick, the Projects and Services Engineer advised that businesses are inconvenienced because there is iI no access to the driveways from Drummond Road. Traffic must cross over to Portage Road for access to Perkins Street. The recommendation to change Perk' to two-way traffic was made on the basis that very small changes in traffic volumes were e~pected. It was felt that no one would make the through trip often enough to cause problems. The Projects & Services Engineer further ind that there was an existing parking prohibition imposed by the former Township Stamford, however the existing signing would not allow the City to prosecute.t It was suggested that new signs be erected as~ soon as possible. Alderman Sobs! also suggested that the signs on Drummond Road indicating that Perkins Street one-way, should be updated. Following further connnent, it was moved by Alderman Cummings, seconded bl Alderman Hinpserger, that Perkins Street remain as a one-way street. The moti Carried with Alderman Fera voting contrary, Alderman Herrerr abstaining on a conflict of interest, and all others voting in favour,- UNFINISHED BUSINESS NIAGARA ESCARPMENT COMMISSION DEVELOPMENT PEPSfIT APPLICATION, FRUITBELT TKUCKI WEST SIDE OF STANLEY AVENUE, SOUTH OF HIGHWAY #405 Report No. 394 - City Manager - The report advises of a request from the Niag~ Bscarpment Commission for comments on the subject application. In response to a question raised by Alderman Sobol, the Planning Director advised that the zoning for the subject site was mostly industrial, however th Official Plan shows one part of the site as being tourist commercial, and the other being agricultural. The Planning Director further advised that it was recommendation that the application be considered at a Planning & Development Committee hearing due to concerns raised by adjacent property owners at an hearing on the first phase of the development. ORDERED on the motion of Alderman Fare, seconded by Alderman theeamen, that t[ application be referred to the Planning & Development Committee. Carried Unanimously. ' BURPLUS SCHOOL BOARD PROPERTY - ST. FRANCIS SCHOOL Report No. 395 - City Manager - The report recommends that Council indicate tc ~ha Welland County Roman Catholic Separate School Board that it' is not intere~ -3- in purchasing the St. Francis School site and building, and therefore must release its interest in acquiring the property. ORDERED on the motion of Alderman Fete, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE OF THE WHOLE DECISION - PREPARATION OF GUIDELINES BY STEVENSON & KELLOGG His Worship, Mayor Thomson stated that it was directed by Council in Committee of the WHole, that the firm of Stevenson & Kellogg be retained to prepare guidelines with respect to the duties of the City Manager and in particular with respect to confidentiality, in accordance with the decision reached by Council at the May 14th, 1979 Public Hearing regarding the continued employment of the City Manager. Alderman Puttick felt the matter should be deferred for several weeks and gone into in more depth. The Alderman felt that members of Council knew what they expected from the position and the preparation of guidelines could take a long period of time. Alderman Puttick suggested that he could give his input to the matter in half an hour. The Alderman also suggested that the recommendations' made in the Sego Report be reviewed. Mayor Thomson pointed out that the Sego, Report had nothing to do with the City Manager's position, but other areas of the City Hall operation, and that there were no guidelines with respect to the operation of the City Manager's function in the City. Alderman Sobol suggested that the City Manager take an active part on the compilation of the guidelines, since his input would be crucial to the matter. Mayor Thomson agreed that this input was required not only from the City Manager but all members of Council and City Department Heads. It was moved by Alderman Cheesman, seconded by Alderman Hinsperger, that the firm of Stevenson & Kellogg be retained to prepare guidelines relative to the office of City Manager, including a policy relative to the matter of confidentiality of those items brought to the attention of the City Manager, the work to be undertaken in accordance with the submission dated -Jun~ 27, 1979 by Stevenson and Kellogg outlining the work to be done, at an estimated cost not exceeding $6,000.O0. The motion Carried with Alderman Puttick voting contrary, and all others voting in favour. COMMUNICATIONS No. 160 - Downtown Business Association - Re: Sidewalk Sale. The communication requests that Queen Street be closed on July 28, 1979 from Erie Avenue to Crysler Avenue, and that parking in the Downtown be free as well. The City Clerk advised that it will be necessary to pass a by-law to authorize the temporary closing of Queen Street. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the requests be approved. Carried Unanimously. No. 161 - Downtown Business Association - Re: Fall Feet. The communication requests that Queen Street be closed to traffic on August 25, 1979 from Erie Avenue to Victoria Avenue, that parking in the downtown be free as well, that snow fence be erected on both sides of Queen Street along the curb, and that permission be granted to operate a beer tent in the Centennial Square. The City Clerk advised that it will be necessary to pass a by-law to authorize the temporary closing of Queen Street. Alderman Cummings suggested that Centennial Square was not an appropriate location for the operation of a beer tent. Mayor ~omson indicated that a beer tent was in operation in Centennial Square during the "Country Feet" celebration in May, and that no problems were experienced at that time. Mr. H. Smith of the Downtown Business Association advised that the beer tent was very well supervised previously and worked out very well. The only change would be to provide additional garbage disposal units for the area. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Ninsperger, that the requests'be approved. Carried Unanimously. It was moved by Alderman Orr, seconded by Aldemnan Herrerr, that the first item listed under Reports~ be moved forward for consideration. Carried Unan~mot~aly, ,I -4- REPORT No. 396 - City Manager - Re: Proposed Hot Air Advertising Balloon, Pyramid Place. The report advises of an application received from 5400 Robinson Stre~ Ltd., owners of Pyramid Place, to erect an enclosure to house a hot air ballol to be used for advertising purposes. Mr. B. Hunter of Pyramid Place was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Merrett. The motion Carr~ with Alderman Sobol abstaining on a conflict of interest, and all others ~ in favour. Mr. Hunter advised that the balloon was not actually filled with hot air, but helium. Pyramid Place has three main attractions, one of which the Bear Jamboree and one of the bears in the Jamboree is used as the major advertising vehicle in the newspaper and on radio. Mr. Hunter stated that it was proposed that the balloon be used to advertise Pyramid Place itself, and particular, the theatre and film "To Fly". The balloon would be multi-colour~ and limited to a height of one hundred and fifty feet, and would be used for advertising purposes only. In response to a question raised by Mayor Thomson!~ Mr. Hunter indicated that he only had a sketch of the balloon, no drawings were available. The balloon will be manufactured by a balloonist in the manufacturing business, nineteen ft. in diameter with the longest portion bei~ thirty-seven ft. high. It would not be used to transport people up and down for rides, merely to advertise the film "To Fly". The Deputy Building & Development Co-ordinator stated that the enclosure will be situated on the property line between Pyramid Place and the Skylon ann will occupy two parking spaces. The applicants would supply documentation from adjacent property owners and the various agencies involved in approval the balloon. The City can only regulate the enclosure since it is defined a structure under the Building Code. The Deputy Building & Development Co-ordinator explained that other than through the provisions of the sign by-I the City had no regulations on the balloon. In response to questions raised by Alderm..~_n Cheesman, Mr. Hunter stated that the Pyramid Place logo would appear on the balloon and there would be reference to the film "To F1" y , since the film will eventually be changed. Alderman Merrett commented that Pyramid Place was an excellent attracti0~ however he could not approve of a balloon flying over that part of the City. Alderman Puttick commented that he would like more information or a drav before he made a decision on the matter. The Alderman was particularly inter in where the balloon will be and how it will~be anchored. Mr. Hunter indicat that the enclosure has no access to the balloon so there would be no way ape could climb up the rope and into the basket. The balloon would meet Departme of Transport regulations, as well as tethering and winching procedures. The Deputy Building & Development Co-ordinator indicated that the enclosure would fully removed from all other buildings. There will be a structural slab to ~ the balloon will be moored, and all plans on file have been designed by an architect from Toronto and a Professional Engineer of Ontario. As a conditi0 of issuance of the permit, information will be required confirming the fact t mooring cable and any equipment used to raise and winch in the balloon would certified by a Professional Engineer. In response to a question raised by Alderman Chessman, Mr. Hunter explained that the balloon is illuminated and retrieved every night at the close of business. The lighting device will~be inside the balloon and will create a glowing effect as opposed to a spot ligh The device will be restrained so that it cannot move t9 the side of the balls In response to a question by Alderman Schisler, Mr. Hunter explained that hal cannot explode, so there is no danger of explosion at a11. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Fera, that permission be granted for the use of the balloon for advertising purposes. The motion Carried with AldermenMacBain and Herrerr voting contrary, Alderman Sobo! abstaining on a conflict of interest, and all others voting in favour. See Resolution No CO}~[UNICATIONS - Con't... No. 162 - Association of Municipalities of O~tario - Re! Nominations for the Board of Directors. 'The con~nunicetion advises that the Nominating Committee the Association will be meeting to consider raceemendations with respect to t 1979-80 Board of Directors, and requests that the names of interested lnd~vid -5- be forwarded to the Association as soon as possible. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 163 - Niagara Falls Music Theatre Society - Re: Building Improvements. The communication requests a reduction in rent from $500 per annum to $1 per annum to allow the Society to obtain grants available to carry out certain capital improvements to the building. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the communication be referred to the Finance Committee for consideration. Carried Unanimously. No. 164 - Township of Dover - Re: Financial Assistance for Flood Victims. The communication requests that consideration be given to providing financial assistance to victims of the Thames River flooding in b~rch. ORDERED on the motion of Alderman MacBain, seconded by Alderman Hinsperger, that the request be denied. The motion Carried with the following vote: AYE: Aldermen Cummings, Dilts, Hinsperger, MacBain, Merrett, Orr, Puttick and Schisler. NAYE: Aldermen Chessman, Fera, Sobol and Wallman. No. 165 - Regional Municipality of Niagara - Re: Regional Budget Guidelines. ~ The communication requests the comments of the Municipality regarding a resolution of the Town of Niagara-on-the-Lake concerning budget guidelines for the Regional Municipality of Niagara. ORDERED on the motion of Alderman Sobol, seconded By Alderman Dilts, that the matter be referred to the Finance Committee to prepare a recommendation for the consideration of Council. Carried Unanimously. No. 166 - Regional Municipality of Niagara - Re: Public Works Week. The communication expresses appreciation for the involvement of the City in the Regional Public Works Week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. No. 167 - Regional Municipality of Niagara - Re: Analysis of General Purpose Debenture Debt and Tax Arrears as of December 31, 1978. The communication provides information on general purpose debenture debt and tax arrears for the Region and Area Municipalities as of December 31, 1978. Alderman Merrett commented that according to the schedules listed in the communication, the City was not in a favourable position in comparison with several other municipalities within the Region. The Alderman suggested that priority be placed on collecting the tax arrears in order to improve this situation. His Worship, Mayor Thomson also commented that the City has long been known at the Region for not being the best tax collector in the Region, and hopefully that will be improved.~y the end of the year, In response to a question raised by Alderman Schisler, Mayor Thomson indicated that th~ City*s Collector of Property, Business Tax and Water Accounts had proper identification, and was required to present this identification when dealing with the public. ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the communication be received and filed. Carried Unanimously. No. 168 - Regional Municipality of Niagara - Re: Proposed Tree Planting on Morrison Street Extension. The conmunication advises that the Region's commitment for tree planting will be honoured for the Morrison Street Project, with the work to commence in the Pall when all road work is completed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fare, that the communication be received and filed. Carried Unanimously. No. 169 - Regional Municipality of Niagara - Re: Regional Niagara Water and Sewer Servicing Review Status Report. The communication provides information on the status of the Water and Sewer Servicing Review for Niagara. ORDERED on the information of Alderman Cummings, seconded by Alderman Fera~ that the communication bereceived and filed. Carried Unanimously. No. 169 - Consumerts Gas Co. - Re: Ontario Energy Board Application for Rate Increase. The communication advises of an application to the Ontario Energy Board for an Order approving Interim rates effective August 1, 19~9 reflecting the increase in the cost of gas purchased from TransCanada Pipelines Limited. Atderman Fera asked if the City would be objecting to the new rates along with other municipalities, or If there was a group organized Co represent municipalities who wish to oppose the increase. Mayor Thomson indicated that ~ in previous years there have been organized efforts for all municipalities fol~ Bell Canada increases, however he did not recall a similar action against gas ~ rate increases. The City Clerk indicated that the Association of Municipality of Ontario had sponsored an action opposing Bell Canada increases. With resp~4 to the subject rate increase, the City Clerk advised that the procedure invol~ in filing objection was quite complicated. Alderman Fern commented that rates increase every year and the process of objection is so complicated thet~ would Just let the matter go, while Consumer's Gas takes advantage of the situation since it is an essential service that people cannot do without. The Alderman suggested that the City Clerk determine if there is any organize~( opposition to the rate increase, and if so, Council could Join in. Alderman Chessman stated that Alderman Fera was thinking of the helpless~ that is felt iu relation to Bell Canada which is a monopoly. Cousumer's Gas ~ a distributor of energy, and as long as O.P.E.C. manages to increase the prict of oil, all other energy suppliers will raise their rates in order to take advantage of the increase. The Alderman felt that people have to accept the reality that increases will continue, and he doubted that there would be any Provincial wide move to oppose the increase. Alderman Sobol pointed out that the application related to natural gas, not the price of oil. Alderman Chees~ replied that when the price of oil increases, suppliers of other forms of ene~ raise their prices to he competitive. The Alderman also co~waented that theresa was no idea of how much it could cost the City to oppose the increase. Mayor Thomson indicated that if there was a cost involved, he would poll the members of Council individually on the matter. Following further discuss~ it was moved by Alderman Fern, seconded by Alderman Sobol, that the City Cleri~ determine if there is any organized opposition to the proposed rate increase, and if so, that Council lend its support to that opposition. The motion CarrI with Alderman Chessman voting contrary, and all others voting in fayour, No. 397 - City Manager - Re: Proposed Site Plan Revision, Glengate Collision,8~ Mr. Dominic D'Addio, 4420 Drummond Road. The report recommends that the applicant be given permission to make the revision to the approved Site Plan ~ remove a section of two ft. fencing. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that tj report be received and adopted, subject to no damage to adjacent properties. Carried Unanimously. No. 398 - City Manager - Re: Gate Valve Purchases. The report recommends acceptance of the tender submitted by Canada Valve Ltd. for the supply of various sizes of gate valves. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. See Resolution No., ~o. 399 - City Manager - Ks: Interest on Tax Arrears. The report recommends - passage of a by-law to authorize an increase to he charged on tax arrears, ot| then the current year of 1~% per month commencing August 1, 1979, and 1~% per month for current year's tax bills effective January 1~ 1980. His Worship, Mayor Thomson and the City Solicitor provided additional information in response to questions raised by Alderman Fera. The City MansE also indicated that the Province had recently amended legislation to permit Municipalities to charge the higher rate of interest. ORDERED on the motion of Alde~men Fern, seconded by Alderman Hinsperger, that~ the report be received and adopted. Carried Unanimously. See By-law No. 79 No. A00 - City Manager - Re: 1978 Expenditures in Excess of Estimates. The ' report provides information on 1978 expenditures in excess of budget estimate~ and new or ever budget revenue gained during the year. ORDERED on the motion of Alderman MaeBain, seconded by Alderman Hinsperger, t the report be received and filed. Carried Unanimously. No. 401 - Local Architectural Conservation Advisory Committee - Re: Bxperieuc '79 Programme. The report advises that a grant has been received from the Mi of Culture & Recreation for a student to research and process properties to b designated, and also to co-ordinate the activities of the Committee with the City's 75th Anniversary Committee. ORDERED on the motion of Alderman Chessman, seconded by Alderman ~chisler, th the report be received and-adopted.~C_srried Unanimously, -7- No. 402 - Recreation Commission - Re: lOth Anniversary and Annual Report of the Recreation Connnission. The report provides information on the activities of the Recreation Commission during the year 1978. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that a message of appreciation be forwarded to the Commission, and further that the report be received and filed. Carried Unanimously. No. 403 - City Manager - Re: Annual Report of the Municipal Works Department. The report provides information on the activities of the Municipal Works Department during the year 1978. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimously. No. 404 - City Manager - Re: Break-Ins and Vandalism Landfill Site. The report recommends that an alarm system at the three buildings at the Sanitary-Landfill Site be purchased from Bomar Security. In response to a question raised by Alderman Merrett, the Sanitation and Sewer Superintendent advised that considerable damage has occurred as a result of vandals breaking into the buildings at the site. On several occasions, the office was broken into and ransacked, an electric wall clock and fire extinguishers were stolen, light fixtures and a toilet were smashed, a water purifier was torn off a wall, and extensive damage was done to locks and lockers in the compactor building. The best locks that can be purchased have been obtained, windows were welded shut and barred with reinforcing rod, unused outside doors were welded shut and an exterior washroom was eliminated in order to improve security at the site. Alderman Merrett did not feel the alarm system would solve the problem. The Alderman indicated that through his experience, he knew that the police do not respond as quickly as other times, and if alarms were continually ringing at the Landfill Site, the police would not rush to answer a call at the Site. Alderman Marrett stated that he would prefer to see more precautions taken than having an alarm system installed. The Sanitation & Sewers Superintendent indicated that an amount of $1800 had been spent to date in repairing damage. $2200 had been allocated in the operating budget for building maintenance, and that amount is almost depeleted. It will then be necessary to use part of other surplus monies if the damages continue. Alderman theeamen felt that an alarm system would provide some kind of deterrent to vandals, and that the City now had a chance of having these vandals apprehended, The Alderman felt it was not sufficient to pay for the repairs, but to stop the vandalism in the first place. Alderman Puttick pointed out that increased police and Duty Foremen patrols has not discouraged vandals at the site, and with so many places to hide, the alarm would only warn vandals to hide faster. The Alderman suggested the use of a portable office that could be taken back to the Service Centre in the evenings. Alderman Sobol disagreed with AlderSnan Puttick's comments and commented that if a loud enough alarm went off, a vandal's first instinct would be to get off the property. In response to a question raised by Alderman Schisler, the Sanitation and Sewers Superintendent indicated that staff had requested both an outright purchase price and a rental price for comparison purposes. The purchase price would include installation. Mayor Thomson asked if the alarm would be connected to the Bomar system. The Sanitation & Sewers Superintendent indicated that the price quoted was for a loud alarm only, and that there would be an additional cost to hook into the system, Alderman Cheesmon indicated that he had assumed the alarm was connected to the Bomar system. The Aldernmn felt a loud alerm only could be a nuisance to the area residents~ and suggested that a silent alerm to the Bomar system would be of more benefit. The Sanitation & Sewers Superintendent indicated that such a system would be much more expensive. The use of dogs was also considered~ however since young children play in the area, it was felt someone could be hurt. Mayor Thomson suggested that the dogs be placed only in the buildings, however it was indicated that the dogs could possibly ge~ out and injure someone. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Merrett, that the report be received and filed, and further that a subsequent report be prepared in several months outlining steps to further secure the buildings and the effectiveness of such action against vandalism. The motion Ca.rried with the following vote: AYE: Aldermen Cummings, Dilt8, Fera, Hinsperger, MacBain, Merrett, Orr and Puttick. NAYE~ Aldermen Cheeaman, Schisler, Sobol and Wallman. _g- No. 405 - City Manager - Re: Schedule of Meetings for Summer Months. The repor recommends that the schedule of meetings for the month of August be revised to ~ provide for meetings on August 13th and August 27th, 1979. ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that t~ report be received and adopted. Carried Unanimously. No. 406 - City Manager - Re: Land Division Committee Consent No. B-235/79, Agr~ between Marineland & Animal Park Limited and the City. The report recommends passage of a by-law covering conditions of approval for the subject consent application. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that tL, report be received and adopted. Carried Unanimously. See By-law No. 79~ No. 407 - City Manager - Re: Bills 101, 103 and 114. The report recommends th6{ information regarding Bills 101 and 103 be received and filed, and that the Municipality formally object to the passing of Bill 114, in particular to the deletion of the present right of appeal of the Municipality to the O.M.B. objecting to the imposition of a sewer rate by the Region. ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that th4~ report be received and adopted. Carried Unanimously.. No. 408 - City Manager - Re: Closing of Corfieid Road. The report recommends: 1) That Council approve in principle the closing of Corfield Road subject to t~ Municipality's requirements; 2) That the necessary advertisement be placed in the press indicating that Council will hear any objectors at the Council meeti~4 on August 27th, 1979; 3) That the Region be officially notified of Council's out discussions with adjacent property owners h f 1 Road lands and to engage the services of an accredited appraisor if required; and 5) That the City Manager be instructed to report further on these matters at the Council meeting of August 27th, 1979. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimo__usly. No. 409 - City Manager - Re: Roads Needs Study. The report recommends approval! of an additional amount of $2,236.78 for payment to W.L. Sears & Associates Lt~ for printing of the study, and that the Ministry of Transportation & Communicat be requested to. provide a 75% subsidy on this amount. ORDERED on the motion of Alderman Cummings, seconded by Aldermmn Merrett, that~ the report be received and adopted. Carried Unanimously. See Resolution No~l No. 410 - City Manager - Re: Heavy Trucks on ~t. James and St. Peter. The rep~ advises that heavy traffic is prohibited on both roadways, and that contact been made with representatives of the shopping centre in the area and the Regic Police to take the necessary enforcement steps. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that report be received and filed. Carried Unanimously. No. 411 - CityManager - Re: Appointment of Accounts Supervisor. The r~port advises that Mr. Thomas W. Smith C.A., has been appointed to the position of Accounts Supervisor effective July 30, 1979. Alderman Dilts indicated that he had been opposed to this appointment since he felt an employee within the ranks could have been promoted. Alderman Puttick commented that he did not feel a chartered accountant ~ necessary to collect taxes~ and predicted that within sixty days, there would l internal problems in the Department. The Alderman felt that this appointment would discourage City employees from trying to better themselves by applying fl ]obs of this calihre. While his comments could be considered interference in a staff decision, Alderman Puttick felt a chartered accountant was not necessary for a position that would involve going out and collecting taxes. The Aldermal · elt there were several City employees that had applied for the Job that had t ability to do the work. Alderman Fera stated that it was his understanding that the City would n replace a person who was retiring follo~ing discussions on economy of the City ~e City Manager stated that he had not made any statement that this position was not needed. l~e position is definitely required in the Tax Department, ant the action to obtain a replacement was discussed with the Finance Con~nittee. The employment advertisement did not specify that a chartered accountant was -9- required to fill the position. The City ~nager advised that it has been the policy of the City for fifteen years that the best, most qualified person applying for a job is hired. The City Treasurer, Deputy Treasurer and Personnel Officer were unanimous in their choice of Mr. Smith, who happened to be a chartered accountant which was considered a plus for the City. The City Manager further indicated that within several years there will be a number of retirements in the Treasury Department, and the position of Accounts Supervisor would be involved in the positions at that time. One supervisor will be eliminated and staff were looking ahead when the City Treasurer will retire in ten years. The City Manager stated that the position of Accounts Supervisor was very important, and in the opinion of staff, Mr. Smith was the best qualified applicant and he happens to be a chartered accountant. The City Manager further indicated that if the City did not hire the most qualified person, then the whole philosophy used in the past would be a serious change that he would be very concerned over. Alderman Dilts felt that staff could be cut through the use of computers, and con~ented that the report he had asked for on computers had been brief and uninformative. The Alderman also referred to a report he had requested on the number of employees in the City per taxpayer in comparison with other municipalities which he had never received. The City Manager indicated that this report would be forthcoming. Alderman Dilts stated that he was under the same impression a§ Alderman Fore, that through retirements, staff would be reduced. The Alderman recognized that the position could not be eliminated, however he felt the position could have been filled from existing staff. In response to several questions raised by Alderman Cummings, the City Manager indicated that if necessary, the Accounts Supervisor would go out and talk to people about delinquent accounts. The main purpose of the job involved the entire process of taxation of the City through assessment, the tax rate, acquiring money, etc. The procedure is supervised by the Accounts Supervisor under the direction of the City Treasurer. In response to a question raised by Mayor Thomson, the City Manager advised that one employee of the Transit Commission and two City employees applied for the position. One of the City employees subsequently accepted outside employment, and the other had no experience in the Treasury Department whatsoever. Mr. Smith in comparison had a considerable number of years in the business field. Alderman MacBain noted that the City of Niagara Falls operates under the City Manager form of government and has hired a Personnel Officer. The Alderman did not feel a Council meeting was the place to hire an employee since it was not fair to management, City employees or prospective employees of the Corporation. Under the existing administration, department heads are hired with the consent of Council, but all other positions are hired through the City Manager. The Alderman stated that the City ~nager had, as a courtesy, reported to the Finance Committee of the retirement of Miss Matthews, and the importance of the position was discussed at the Committee. The City Manager then made arrangements to hire a replacement. Alderman MacBain tommounted that this is the point where monies come in, in addition to the keeping of records on tax rolls, taxes owing and personnel. In addition to the finance work, the Accounts Supervisor must supervise the ~personnel in the Tax Department. Alderman MacBain stated that he was in fayour of improving the City's middle management, and in fairness to the City Manager, he felt this was a step in the right direction. The Alderman was not opposed to the fact Mr. Smith was a chartered accountant, and felt it was not easy to be over-qualified in these times. Alderman MacBain was not happy with the tax collection and he indicated that he would like to see the situation improve. It was also pointed out that if the new appointee did not work out satisfactorily, it was the responsibility of the City Manager, the City Treasurer, the Deputy Treasurer and the Personnel Officer. Alderman MacBain did not feel one could say after a quick telephone call, that there would be trouble in the Department. The Alderman stated that he was not an administrator and he did not have the expertise to be involved in the hiring of employees, nor was the Council paid to do so. Administration was the responsibility of the City Manager. Alderman MacBain commented that he did not want to see the Mayor ~xo is the chief executive officer, become the chief administrative officer since there is a division there, and he did not feel it would be anymore proper for the Mayor to be involved in hirings. Alderman MacBain stated that Council was trying to get into the administration of the City at the part it should not, and pointed out that Council's responsibility was to make policy. There was enough work for the Council to do on policy without trying to run the day-to-day operation of tim City. Alderman Wallman stated that while the appointee would not be a department head, he would be well qualified to become such in the future. The Alderman felt the City should proceed with the appointment. T - i0 - Following further discussion, it was moved by Alderman Chessman, seconded~ by Alderman MacBatn, that the report be received and filed. The motion Carri~ with the following vote: AYE: Aldermen Chessman, Cummings, Hinsperger, MacBain, Merrett, Orr, Schisle Sobol and Wallman. NAYE: Aldermen Dilts, Fera and Puttick. No. 412 - City Manager - Re: Addition to Niagara Falls Memorial Arena. The report recommends ~hat the City participate with Mr. R. Quinn in the financing~ an addition to the dressing rooms and storage area to a maximum amount of $15,000; that the Legal Department be authorized to prepare an appropriate agreement with Mr. Quinn on the cost-sharing arrangement, and that a presentat~ be made to Council at an early date so that a complete discussion can take on the possible design and financing of an expansion of the Arena building. His Worship,tMayor Thomson and Alderman Cheesman provided additional information in response to a question raised by Alderman Sobol. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 413 - Loan Review Committee - Re: Applications for Assistance. The report recommends approval of twelve applications received for assistance under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Chessman, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 414 - City Manager - Re: Building Permits. The report provides informati~ and a breakdown of the permits issued by the Building & Development Department for the month of June, 1979. Alderman Merrett asked if there were any provisions in the Municipal Act preventing the City from issuing a building permit to an individual who owed substantial tax arrears in the municipality. The City Manager stated that he was not aware of any such provision, and as falas he knew the City would have to issue any such permit requested. Alderman Merrett suggested that the Province be petitioned to have the Municipal Act amended to provide for such a regulation. ORDERED on the motion of Alderman Wallman, seconded by Alderman Sobol~ that t~ report be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Merrett, seconded hy Alderman MacBain, that report be prepared on the issuance of building permits on properties with tax~ in arrears. Carried Unanimously. No. 415 - City Manager - Re: Municipal Accounts. The report recommends payme~ of the municipal accounts. The City Treasurer provided additional information on Cheques #5093 and #5117 in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Chessman, seconded by Alderman Wallman, that the report be received and adopted. The motion Carried with Alderman Ruttick abstaining on a conflict of interest on Cheque #4947~ and all others voting ir fayour. No. 416 - City Manager - Re: Falls Industrial Park. The report recommends th~ sale of Lots 51 and 52 in the Falls Industrial Park to Dorcy Ashflash Canada 1 at a price of $85,870, and that the Legal Department be authorized to prepare the necessary legal documents to finallze the transaction. The City Manager advised that the City had been working with Ashflash on its proposal to expand its operation. A brief was presented to the firm throL the Niagara Falls Business & Industrial Growth Agency to Mr. W. McMullan, the Vice-President and General Manager, on the proposed site in the Falls Industr: Park outlining the benefits of locating in Niagara Falls. Several sites in tt ~arkwere offered, however it was learned that the firm was considering locat. in Toronto. The City Manager indicated that Mr. McMullan was contacted and within an hour, information was prepared on Lots 51 and 52 as well as a compar of the taxes between Nia8ara Falls and Toronto. The taxes on the same buildil in Toronto were considerably higher than in Niagara Falls. The decision was msde to locate in the Falls Industrial Park, and the City Manager strongly recommended that Council approve the sale of the lands. Alderman Puttick commented that congratulations were in order, and asked the Niagara Falls Business & Industrial Growth Agency was involved in the - 11 - negotiations with Ashflash. The City Manager indicated that he had been working with the Agency on the matter, however while Mr. Nontgomery was out-of-town, he had been more involved. Now that Mr. Montgomery had returned, the Agency would take over. Alderman Puttick asked if the City Manager would be back in City Hall now. The City Manager said this was the type of development the City needed, and felt several hours of his time was well worth it. Effective irmmediately the Agency would be taking over the project. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. RESOLUTIONS RESOLUTION OF ALDERMAN MACBAIN ORDERED on the motion of Alderman MacBain, seconded by Alderman Hinsperger, that the resolution be referred to the Finance Committee for consideration. Carried Unanimously. No. 68 - PUTTICK - FERA - RESOLVED that the application of 5400 Robinson Street Limited to use a helium filled balloon for advertising purposes to a maximum height of one hundred and fifty feet (150'), be approved; AND the Seal of the Corporation be hereto affixed. Carried with Aldermen MacBain and Merrett voting contrary, Alderman Sobol abstaining on a conflict of interest, and all others voting in favour. No. 69 - CBEESMAN - SOBOL - RESOLVED that the quotation submitted by Canada Valve Limited for the supply of various sizes of gate valves, be accepted at the prices quoted; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 70 - CUMMINGS - MERRETT - RESOLVED that the Ministry of Transportation and Communications be requested to provide 75% subsidy on the additional cost of $2,236.78 required to finalire the City of Niagara Falls Roads Needs Study; AND the Seal of the Corporation be hereto ~ffixed. Carried UnanimouslZ BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: ~ No. 79-111 - A By-law to provide for interest on tax arrears. No. 79-112 - A By-law to authorize an agreement with }~rineland & Animal Park Limited. No. 79-113 - A By-law to amend By-law No. 79-6 providing for appointments to certain Boards, Commissions and Committees. (K. Angle - Planning & Development Committee) No. 79-114 - A By-law to provide monies for general purposes. Carried with Alderman Puttick abstaining on Cheque #4947 of By-law 79-114, and all others voting in fayour. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 79-111 - A By-law to provide for interest on tax arrears, No. 79-112 - A By-law to authorize anagreement with Marineland & Animal Park Limited. No. 79-113 - A By-law to amend By-law No. 79-6 providing for appointments to certain Boards, Commissions and Conmittees. '(K. Angle - Planning~ and Development Committee) No. 79-114 - A By-law to provide monies for general purposes. Puttick a on Cheque #4947 By--law 79-114, am others voting in NEW BUSINESS VIETNAMESE BOAT REFUGEES Alderman Chessman stated that literally tens of thousands of Vietnamese people are forseeking their life in Viet Nam and taking to boats in the hope of finding homes elsewhere. To these people, life in boats is better than in Viet Nam, which was a terrible indictment on that nation. The Alderman noted that Viet Nam was actually accepting money in order to enable the boat people to leave. Alderman Cheesman stated that he was not recommending that Council spend any money directly or that the matter be taken up as part of Council's responsibility, but since the Council has a certain moral stature, a co-ordinating power could be exerted. By the City becoming interested did n0~ mean that Southeast Asians would be locating in Niagara Falls, or that they would become the responsibility of the City. There are persons and groups concerned and waiting for some sort of co-ordinative action. Alderman Cheesn~M advised that on Thursday, July 12, 1979 at 8:00 p.m., a meeting would be held~ · the Drummond Branch Library for all persons in the City would like to attend ~ find out information on what can be done to co-ordinate local interest. A staff member of the Social Planning Council has volunteered his professional services, and a local bank is prepared to accept money for the "Operation Life Line" project. Alderman Chessman asked that Council endorse the local efforts towards alleviation of this problem; that Couh'dtl do what it can to stimulate action at the Federal level and send communications to the Minister of Immigra~ asking that he expedite procedures by which persons are interviewed, to the Minister of National Defence requesting that he consider using Armed Forces aircraft to assist in the transport of these people and to the Minister of External Affairs requesting that Canada review aid to Viet Nam and divert the~ funds to the assistance of persons fleeing the country. Alderman Cheesman not~ that there were many reasons why Canada should not become involved such as unemployment, and land space for living, but when people are at the point of drowining, he felt the problem could not be ignored. Alderman Puttick suggested that contact should be made with Mr. J. Froese the local Member of Parliament, and that he be requested to contact the Feder~' Ministers personally. Alderman Chessman stated that Mr. Frosee should be contacted as well as Mr. V. Kerrlo the Provincial Representative~ and the loc~ clergy. The Alderman commented that much of the efforts will be done through local groups, not large government structures. ' Mr. H. McDonald advised that he was the local co-ordinator of the efforts to assist the Vietnameee boat people. While private sponsorship of refugees~ encouraged, it would also be possible if someone wished to donate funds, this could be done through a local Church or Synagogue or service club because with[ that type of backing, the process is speeded up. His Worship, Mayor Thomson offered the services of his office to assist the local'effort. It was moved by Alderman Chessman, seconded by Alderman Orr, that Council endorse the efforts of local groups seeking ways to alleviate problems of the Southeast Asian Boat People, and that contact be made with the Ministers of Imm~gration, National Defence and External Affairs, asking that immigration procedures be expediteds that Armed Forces aircraft be used for transport, that the ~overnment consider diverting funds to Viet Nam to the helping of the~ refugees, and that the Council's concern be expressed to the local Member of Parliament and Member of the Legislative Assembly as well as the local Clergy. Carried Unanimously. HIGHWAY ~420 RECONSTRUCTION Alderman Merrett asked if staff were aware of the progress on the reconst tion of HiShway ~420 and when the work would be finished. The Design & Constr - 13 - Engineer advised that the work was to have been completed by June 30th, and was now behind schedule. It was further indicated that the progress of the work would be checked. LACK OF FARM LABOUR Alderman Merrett noted that every year around this time, farmers complain about the lack of labour available to pick crops, and with the Niagara Region being so dependent on the agricultural industry, this presents a serious problem. The Alderman commented that some farmers have been forced to plough their crops under because of the lack of labour, and yet at the same time, the Country is faced with staggering unemployment rates. Labour must be imported in order to harvest the fruit crops. It was moved by Alderman Merrett, seconded by Alderman Wallman, that a communication be sent to the Minister of Employment and Immigration advising of Council's concern over the lack of labour, and further that the criteria used in granting unemployment insurance benefits be re-examined, especially in this area, because of the high unemployment and lack of labour available for picking crops. Carried Unanimously. DAMAGE TO HEDGES Alderman Puttick submitted a letter he had received from a resident who. had hedges damaged during a sewer contract, and asked that the matter he investigated. SKATEBOARD FACILITY Alderman Puttick advised that he had received complaints from residents on Lowell Avenue regarding a skateboard facility that had been erected for the use of children. The Alderman commented that while the facility was an excellent form of recreation for children, it was becoming a nuisance to the area residents. The possibility of moving the facility had been discussed, and the people involved had agreed that it could be moved as long as it w~s relocated in an area where it would not be destroyed by vandals. Alderman Puttick stated that Fern Park had been suggested, since the residents in that area of the City had a great deal of respect for the park equipment. The City Manager was requested to make arrangements to have the facility moved to Fern Park. GORDON SINGLETON His Worship, Mayor Thomson advised that a reception would be held for Gordon Singleton at Niagara Square on the evening of July lOth, 1979. Mr. Singleton won two gold medals at the Pan-American Games in bicycling. The Mayor urged the members of Council to attend the reception in honour of Mr. Singleton's success at the Games. DOGS IN CITY PARKS His Worship, Mayor Thomson advised that numerous people owning dogs take them to Cakes Park for exercise, and allow the animals to run loose. The Mayor stated that people using the new track facility are being bothered by dogs running loose, in addition to the problem of dog excrement. The Mayor suggested that Council consider some kind of policy under which dogs would not be allowed in certain high use parks, such as Cakes Park. The City Manager felt the matter would be somewhat controversial and suggested a by-law might be the best way of handling the problem. Alderman Sobol suggested that since there would be controversy on the matter, Council should go all the way and institute a "stoop and scoop" by-law. Mayor Thomson commented that such a by-law had been suggested in the past, however there would be problems with enforcement and he could see no reason to pass a by-law that cannot be enforced. The Mayor suggested that the previous material on this topic be made available to the newer members of Councils and that a full discussion be held. The possibili~y of designating certain parks where people can walk their dogs was suggested. Alderman Herrerr suggested that Ker Park, which is also a high use park, be considered under such a by-law. Alderman Fera felt it was irresponsibility on the part of the owners if dogs are running loose. The Mayor stated that dogs are taken in the park whether on leach or not, and secondly they are allowed to run loose. Following further comment, it was moved by Alderman Sobol, seconded by Alderman Dilts, that the matter be referred to staff for the preparation of a report. Carried Unanimously. ...,.14 - 14 - It was moved by Alderman Merrett, seconded by Alderman Orr, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ AND ADOPTED, · .'calNsa: MAYOR WAYNE THOMSON Committee Room #1 July 9, 1979 Council met on Monday, July 9, 1979 in Committee of the Whole following a regular meeting of Council. All members of Council were present. Alderman Cumm{ngs presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting· , ,alala~, READ AND ADOPTED, COUNCIL MEETING MAYOR WAYNE THOMSON Council Chambers July 9, 1979 Council reconvened in formal session on Monday, July 9, 1979, following meeting in Committee of the Whole. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. The meeting adjourned. READ AND ADOPTED, " ........... MAYOR WAYNE THO~ON TWENTY-SECOND MEETING Committee Room #1 July 23, 1979. COMMITTEE OF THE WHOLE Council met on Monday, July 23, 1979 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Orr. Alderman Chessmen presided as Chairmen. Following consideration of the items presented, the Committee of the Whole arose without reporting. ..~aa KEAD AND ADOPTED, REGULAR MEETING - MAYOR WAYNE THOMSON Council Chambers July 23, 1979. Council met on Monday, July 23, 1979 at 7:30 p.m. for the purpose of constderir~ general business. All members of Council were present with the -exception of Alderman Orr. His Worship, MAyor Thomson presided as Chairman. Alder~a. nMacBain offered the OpeninS..Prayer. ADOPTION OF MINItEES ORDERED on the motion of Alderman Fera, seconded by Alderman Cummin~s, -that the minutes of the meeting held on July 9, 1979, be adopted as printed. Carried Unanimously. DEPUTATIONS LOCAL COUNCIL OF WOMEN - 60th AFNIVERSARY Mrs. Laura Johns was granted permission to address Council on the motion of Alderman Sobel,. seconded by Alderman Cummings. Mrs. Johns, on behalf of the Local Council of Women, who are celebrating their 60th anniversary this year, invited the Mayor and Members of Council to Join the organization at the home ~f Miss Ruth Redmond, Bellev~e Terrace, on Thursday, July 26th, 1979, at 2:30 p.m. to mark this occasion. Mayor Thomson urged all members of Council to make an effort to attend, and thanked Mrs~ Johns for,the invitation.. DUST CONDITIONS AT CAS~4AY L~MBER COMPANY Mr. Wayne Bench of 7535 Wanless Street was granted permission to address Cpunctl on the motion of Alderman Chessman, seconded by Alderman Cummings. Before hearin~ Mr. Bench's com-u, nts, MAyor Thomson indicated that he had had discussions with Nr. Walker and his associates and was assured the oil would be down in the subject area within 24 to 48 hours. Mr. John Walker confirmed that the situation will be taken care of within 48 hours. Mr. Bench was advised that if the work Was not carried out to his satisfaction .he could return to Council at the next tabular meetin~and report, further.. -2- -3- WOODINGTON SYSTEMS INC. Mayor Thomson introduced a letter received from Mr. N. W. Walker of Woodington Systems Incorporated. The letter outlined the proposal of Woodtn~ton Systems to .construct a bulk liquid storage system on property located on the Niagara Escarpment. The firm receives a water soluble oil from local industries, which is placed'in a pond where separation of the oil and water takes place. The oil is then skimmed off and placed in storage tanks for re-use in road oiling. Mr. Walker, who spoke on behalf of the application, indicated that the firm wished .to proceed with the construction the tanks. Re also confirmed that the project would require the approval of Ministry of the Environment as well as the approval of the Municipality. Alde~ msn MacBain expressed concern that the matter be handled on short notice without the benefit of backaround information. ORDEKED on the motion of AldermanMacBain, secon4ed by Alderman Sobs1, -that the matter .be tabled for t~o weeks and that a further .report be .pre- sented at the next regular Council meeting. CARRIED UI~NIMOUSLY. UN[INISHED BUSINESS Report No. 417 - Alderman Dills - EMPLOYEE SUQ~ESTION PROGRAM - The report outlines research carried out by Alderman Dills in connection with the Employe Suggestion Box proposal and recommends that Council consider the introduction of an Employee Suggestion Plan to be put into effect on October 1, 1979, on an experimental basis for'one year. Alda~nan Dills referred to the condition~ enumerated in his report and mentioned the importance of a Committee being ' set up'compriSing two elected and tw6 appointed officials who would revie~ all suggestions and make recommendations to Council on cash awards. Mayor Thomson suggested that this Connittee be made u~ of Alderman Dills, City Clerk J. L. Collinson, A. L. Jobey, Personnel~fficer, and the Mayor. Alder~ CumminBs remarked that there should be input from different levels, as, in cases a foreman, for instance, would have a better understanding of a work situation than management. Alderman Diite agreed that the Committee would hat · ~"to ha~e input from the various departments before 'deciding'Upon a suggestion. 'Alderman Fera inquired as to what criteria were to be used to determine the amount of the award. Alde~n Dills replied that one-fifth of the first yearns savings to the MuniCipality might be considered a good figure up to a maximum of $500.00s but added that the Committee might want to revise this figure. In any event, the various ramifications would have to be dis- cussed fully prior to making any firm decisions." ~ ,, ORDERED on the "motion of Alderman thee'amen, secOnded by Alderman Cummings the .report ~e received .and adopted and 'that the Committee '6'6~0nduct further ^ study on ~his matte~ be comprised of Alderman Dilts j J. L. Coil!neon, and mS W. orship _ yor,'T o O.n. ' nimou?l . Report No. 418 - City Manseer o il~FORMATION 'RELATING TO'T~'NUNBER OF PER- MANBNTSTAFFPRESENTLyEMFLOYED IN RELATIONTOTHE POPULATION. Al'derman Dills declared that the report did not provide the information that he had ~equ~ste~ ~-. as he wanted details regarding the number of taxpayers per City employee, and added that he Was obliged to ask for another report which he hoped would be -_ ZZready for the next reSular Council'mmetin~.~ Mr. Pricepointed out that in this type of report you most compare cities of comparable ~ize to reach an .~equ!table' fi_8~re, but'a~reedto prepar~'a further'report for the.next'Council ,=m~e~$n~. ','f . .-- . .' .'. - .......... . Ordered on the motion of Alderman Dills, seconded by Alderman"Fera that the report be received and filed and that"a further report be 'submitted at the next Council meeting, providing information as to the ratio of permanent City employees to thepopulationof th~ municipality, t as compared with othel · 'area municipalities. Carried unanimeusl~. UNFINIStiED BUSINESS continued ..... Report No. 419 - Report of the Planning & Development Co~nnittee - AM-15/79 TOWN OF FORT ERIE, FORMER TOWNSHIP OF WILLOUGHBY - PROPOSED SANITARY SEWAGE LAGOON - STEVENSVILLE/DOUGLASTOI4N AREA. The City Clerk read a report of the Planning and Development Conunities reco~ndinB that the application by the Town of Fort Erie be denied. Vayor Stella Ziff and members of the Council of the Town of Fort Erie were present in Council Chambers, along with representatives of the Public l~orks Department of Regional Niagara, a representative of the Ministry of the Environment, to express their views on this matter. Alderman MacBain, who is acting as solicitor for the owners of the adjacent property, declared a conflict of in- terest and abstained from the discussion. The City Clerk then read a letter from Mr. Stan Pettit, Chairmen of the Regionws Public Works and Utilities Committee, requesting that the recommendation of the Planning & Development Committee,be rejected, and further, that Council agree to initiate a zonir~ [.by-law amendment ~o permit the waste stabilization pond construction, subject of course to the approval of the Ontario Municipal Board. It wee moved by Alderman Cummings, seconded by Alderman Metfelt, that' Mayor Stella Ziff of Fort Erie be granted permission to address Council. Mayor Ziff thanked Council for the opportunity to speak publicly on this important issue and, referring to a vritten presentation, proceeded to comment on portions of Mr. Greaves~ report. Mrs. Ziff contended that the report mentioned a serious health problem in Fort Erie but failed to take into account that it is the faulty septic systems in the area which, over many years prior to and since the creation of the enlarged Town of Fort Erie in 1970, has caused a serious health problem necessitating the construction of a dewer system. Contamination from non-functioning septic systems and from polluted ditches has created a hazard not only to the Town of Fort Erie but to the City of Niagara Falls. This health problem, Mrs.life continued, has been well documented by the Niagara Regional Health Unit. Mrs. Ziff concluded by urging City Council to give the application faycurable consideration. On the motion of Alderman~ Chessman, seconded by Alderman Fete, Mr. Stan Pettit was granted permission to address Council. Mr. Pettit indicated his support of. the application by the Town of Fort Erie and expressed the opinion that, based on studies by the Region~s Public Works Department, this would be the best solution for the entire area. Mr. Pettit stated that the choice of Site ~3 will entail some cost savings. The costs are. spread over all the municipalities within the Region which participate, and would have to be · shared, of course, by the City of Niagara Falls. The mmtter of pollution is one of a very serious nature. In the case of Stevensvtlle and Douglastown, concern has been expressed for the past 8e, eral years, and the cleaning up · of Black Creek would certainly improve the pollution problem in the Niagara River. The pond is already the~e, as you are aware,and is located near the area which is to be serviced; the land is already owned by the ttinistry of Transportation and Communications and the site can handle future growth from the City of Niagara Falls, should this occur soma time in the future. Mr. Pettit pointed out that soma consideration should be given to the availability ~ of grants.~ The Region has Considered the availability of 8rants for 1979 and this should be acted upon without delay, in order not to miss out on them. Mr. · the ~ propose 1 .. It was moved by Alderman So~ol, seconded by Alderman Cummings, that Alderman Earl Beam of Fort Erie be granted permission to address Council. · Mr. Beam reviewed Soma of the problems faced by Fort Erie, Stevensville and - DouglaStown over the past years, prior to the establishment of Regional favourable consideration to the application, for the benefit·of all concerned. ReSionat Councillor Edward Mitehelson addressed Council at this point, asking for support of the Fort Erie proposal. As a member of the ~ub?,ic Works GEEABE NIAC~BA 6'~IqXRAL HOSPITAL BOARD OF COVERMOPS nical aspects of the situation and in the lon8 run, stated that a decision has to be made on the basis of the technicel 'information that is before Council. · ld,.,, i.tr ue . l,tt.r fro. th, .rd of Nia2Sra Canoral B~spital with rappact to a proposed meeting between City Count are not functioning at 'the present tim as well aaL they should; Black Creek man Cheatman. stabiltsation pond if carried out four hundred feat i to the riv r and i- oRDmo o. th, ,t,, ^ld,,,, nil,..,co .d by the matter be tabled for two weeks. Carried unanimously. ' :i. FNFIMISHED BUSINESS -4- Report No. 419 - continued ..... consideration to approval of this application. We have been provided with thei~ technical facts and the implications are very siSnificant- Mr. Mitchelson als~ pointed out that there arefour waste stabilization ponds in the Region st this. i time and they are all working well. The decision must be made on the facts the are presented to us, and in view of the technical facts which have been presenl Mr. Mitchelson declared himself to be in favourof making Site 3 available to Town of Fort Erie,.emphasizing that it would be in the best interests of the RI as e whole, and urged the City Council to support the application of the Town of Fort.Erie. · At this point, Councillor Cook of the Town of Crimsby, spoke briefly to Council,stating that Grimeby had one of the larger lagoons in the Niagara Regi~ and mentioned that Crimsby is caught in the Urban Boundary restrictions. Coun~t tiller Cook wanted to be put on record as supportingMayor Ztff and her associ~ ales in this application. Miss G. Casehate of the Ministry of the Environment announced that a pub11 hearing will be held under the Environmental Act an~ any persons who have any objections to the proposal will have an opportunity to speak. , Regional Councillor William Smeaton expressed the opinion that it is dif- ficult to differ from the facts presented in the various technical reports we have before us, ~fnether they be from the Regional Public Works Department or the Planning and Development Co~mittee, and stated that he did not think it wonld be possible for the Public Works Department to reconrnend anything else · in the circumstances. The decision rests, however, with the elected people, who have to make a political decision based on facts, and it most be acceptabl~ · to the elected. individuals. Mr. Smeaton continued by stating that the bottom ,'line, to put it very-bluntly, is whether it is.acceptable to the people Who el ted you. The difference in the money for the different alternate sites is not of grave importance. The Health Unit has a very serious problem with regard to 'faulty septic tanks throughout the entire_Niagara Region. In conclusion, Mr. Smeaton stated that we cannot fault any of the persons~ .who have appeared before Council tonight, including the Town of Fort Erie, but? indicated that he found himself very doubtful that a decision.in fayour of thif . propoeal~odld be acceptable to the people of Niagara Falls. " Itwas moved by Alderman, Cheee"~, seconded by Alderman C,_,~ings, that Dr~ Burkholder. M.O.H. for the Niagara ReSion- g~antea permisafo~ to ~ddrass Co He stated that there is,.legfslationwhtch ~rderS.the Municipality to take the 'aessary steps to eliminate mslfunctfoning septic tanks - the alternative would, 'be.veryexpa~sfva and he'would~mUCh'~prefer ~hat the long'term solution be appz At this point, Mr. Also Greavee, Planning Director for Niagara Falls, · .stated that he wished to clarify the Plannfng Department's ~erformance in this~ matter and stated.that they had in fact supplied tremendoUS.emount, e o~ infer- ' ' mat ion on' the ' sub J act. '. ' ..... - ' ' It was moved by Alderman Sobel,- seconded by Alderman Chessman that Mr. Wales be permitted to address Council. -Mr. Wales stated that'he has been in the plumbingbuSinass'-forcloee tO'fifty years and in his opinion a"laEoon? - is'nothingmera-thana'"saptfc tank~without a cover", and asked~hy'th6 townap of Stavensville have to be punished with a sewaSs lagoon.. Mr..WaleS stated that he was strongly opposed tb the proposal. On tha mOtfonof Aldarman O,"wninSs, seconded,by Aldarman Merrett, Mr. Bls -Bobartsonwae granted permission to address Council. Mr. Robertson-stated the ha wished to go on record as strongly opposing the installation of a sewage lagoon at Site #3, and that ha wished to correct some impressions that had bee given. It imd been indicated, for example, that there was little or no oppo- sition from residents of Niagara Falls. As a matter of fact there is a petiti signed by some Curly~eight residents'who are on the downstream side of Black .... 'Oreek. expressinS their opposition to the proposal. Mr. Robertson indicated t~ h~'WAs not In any way opposed to the' Town of Fort Eriass efforts' to imprnva it -conditions', hewaver, the views of the Planning & Development Cosflies should " certainly ~arry soma' weight themmuch am they have spent a great deal of time af~ort on thil matter end~ unless there are come new find~ga, Council should ! act on their Idvice. Mr. Robertson st~on/ly cried that Council' be guided in ...... their 'decision toni2ht by the 'advice og their plannin~ & Development Gon~nittee UNFINISHED BUSINESS Report No. 419 continued ..... It was ordered on the motion of Alderman Metfelt, seconded by Alderman ' ' Cummings that Mr. John Matthews be erected permission to address Council. Mr. Matthews, solicitor for the Werner Foundation, expressed opposition to *' the proposal on behalf of his clients, who are owners of property adjacent ~o ~ite ~3. Mr. Matthews indicated that his understanding from the Proctor '& Redfern Report ~as that the four to six schemes are technically feasible "and the costs for all fall within a reasonably narrow margin, thus financing is not an important issue. Mr. Matthews suggested that the laSoon be established in the Fort Erie area. On the motion of Alderman Cummings, seconded by Alderman Wallman, Mrs~ Helen Macintosh was granted permission to address Council. Mrs. Macintosh, a resident of the Black Creek area, stated her opposition to the site and wanted to make it clear that the objectors were not "cottagerS" or su~nner people, but lived there all the year round. It was ordered on the motion of Alderman Metfelt, seconded by Alderman Chessman,that Mrs. A. C. Douglas be granted permission to address Council. Mrs. Douglas expressed the opinion that Mr. Beam was mixing economics .and good neighbout policy, while by the came token the residents of Douglastown were paying for oversized watermains. Mrs. Douglas stated that, in her opinion, they should forget about economics and good neighbout policy and Just be decent people. On the motion of Alderman Cummin§s, seconded by Aiderun Wallman, Miss Catherine Macintosh was granted permission to address Council. Miss Macintosh stated that althouEh Council miEht think her rather young t~ be addressing Council, nevertheless She did live in Blagk Creek area and must breathe the polluted air, and it appeared to her that if Site ~3 is not chosen FOrt Erie will probably go back to their own people, and Niagara Falls residents will not have to suffer. It was ordered on the motionof Aidorphan Fera, seconded by Alderman Wallman, that. Mr. Ted Armstrong be permitted to address Council. Mr. ArmsirenE voiced his opposition to the proposal and questioned the mention of 1,500 people; he "referred to the 200 lots proposed for development in Douglastown and mentioned that there is atrailer park proposed for the DouglastoWn area as well. Mr. .Armstrong stated that he understood the land is not of any use for anything, but believes the Ministry of N~ura~ Resources are attempting to make this area into'a wildlife sanctuary. He pointed out that Stevensville andDouElastown both have monicipal water supply and mentioned the cost of chemical treatment of water. Another point of concern was that the base of the lagoon is below the water table level in the area. If contamination occurs, who is going to clean up the wells and who is going to supply the residents with water? Mr. ~rmstronE ,went on'to state that the Region gums down a Niagara Falls 10catleo for a Uni- versity site-or Regional headquarters,,but does approve sewage ponds or lagoons. Mr. Con Eidt, Director of Engineering for the Niagara Region clarified ~ertain points which will be taken care of at the open meeting.which will be :' held with the Ministry of the Environment, and memtioned that although we are . ..talking about approximately 2,000 people, we are planning furl,563. This is "dry" industry in Fort Erie and we are proposing two 12-acre cellS. We have been :i told that there will be no explosion of industry or population. Mr. Eidt noted "that this seems to be a long-term scheme and proceeded to explain soma of the J .,problems which would be encountered. For instance, the water table is low, there are at least twelve feet of clay, and so there would be nO penetration of the water table. Aldermen Puttick indicated that he was prepared to make a motion to approve the'applicatiOn of Fort Erie as outlined, and Alderman Hinsp~rger stated that he '~would second the motion. Aldeman Dills concurred with Mr, Puttick's remarks and stated that one would have to agree with the experts. Alderman Fera stated that he hadmsde a tour of the area and failed to notice any odour problem. Alde~manMarratt remarked that he had bean in attendance at the Planning & · :-Development Committee discussions and since he felt there would not be any 2real advantages to Site ~, he would not be in favour of this location. Alder- man Chessman remarked that he has had no conplaints whatsoever from persons in Niagara Falls concernin.~ this matter and fmrthernote ~o matter What site is -6- UNFINISHED BUSIHESS continued .... selected there will be objections from netghbourin~ property owners. Alderman Chessman remarked that when the meetings are held with the Ministry of the Env~ merit the questions regarding the environmental aspects should all be answered. Alderman Wailman remarked that he had had many calls from residents who do not object to havin~ the lagoon but.d~ object to the location; also, x~ith respect to the odour problem, the residents who live close by state there is definite1! an odonr problem. Alderman Schisler stated that it had already been stated t~ the City of Niagara Falls cannot use this Iotalion, however he felt that . money should be spent to improve the system in the Tours of Fort Erie. Alderman Schisler recalled that in 1960 the people in this area wanted to have a Iagoon but were turned down, He concluded by indicating his opposition to the appli- cation. Alderman Sobol stated that, in general, she concurred with Alderman Schisler's comments and, in her. opinion, Fort Erie is here because the Provtnc~ has not put in the proper facilities, and stated that she would notbe in lava4 _ of approvinE the application ORDERED on the motion bf Alderman Puttick, seconded by Alderman Hinsperiti that the application Of Fort Erie be approved and the report. received and file;J Alderman MacBain declared a conflict of interest and abstained from. the vote. AYe.: Aldermen thee_smart, Dills, Fete, Hinsperger, Puttick - NA.Y~.: Aidermen Schisler, Merrett, Sobol, Cummings, Wallman (Mayor Thomson voted in favoUr o] the motion) Carried Report No. 420 - City Manager - CARROLL AVENUE COMPLAINTS - The report concen a petition received from Carroll Avenue residents with respect to truck traf[~ -entering ~heBright Canning Company warehouse from Carroll Avenue and also the . property. Nro J. Palin was in attendance end in reply to a question from Maim Thomson replied that the situation has not ~mpr~ved in~the past several weeks. Mr. H. A. Lamb, was asked to report on his findings ~n the situation and stat~ that this appeared to be a very difficult.situation for the plant to control. He will be checking further and expects to contact Mr. Palin shortly..Nayor -Thomson suggested a meeting be held with Mr~ Pal. in and representatives of Brigf tanners prior tb July 27th, Mr. Palin was in agreement with this suF~estion. ORDBRED on the.motion of Alderman Metfelt, seconded by AldermanCummings i' that the report be.received and filed and that a meeting be arranged between ~ Mr. J. Palin, representatives of Brights.s Ca~neIs_andHis WorshipMayor Thomsoi; prior to Fr!day,.July 27th, 1979. Carried Unanimously. '_V ]~OTE: Alderman Puttick retired' from the meeting at this point~ .. .. Report No.'~l -UPlanning & DevelOpment Co~enittee -AH-30/78, S. TODD. 9874 WILLOUOHBY DRIVE -.The report, for the informration of CoOncil, outlined · recent developments in this matter and advised that Mr, Henderson, solicitor f .- Mrs, Todd, has requested that the matter p~oceed to Council, Mr. Beresh, re- presentinS.residents of Willoughby Drive andSsaver Road, was in attendance s~ . was granted permission to address Council on.the motion of Alderman Wallman, ~. seconded by Aldersman NatTell,' Mr, Beresh stated that one issue that requires .. . clarification is the m~her of objectors.who have been complaining about ~his ..operation since 197~, The~Deputy City Solicitor remarked that.~r, Young's con. cern~relateS to advice from Council as to.What.details. they wish to.have incl~ in the By-law before he proceeds to prepare the draft by-law, Alderman Chess .... comn~_nted that this is ~ ~l~ssic_example o~ the.importance o~ the..Ci~y~s upho municipal by-laws, ' ORDERED on the motion of AldermanBarrett, seconded by Atderman MacBain, .... that ehe~sport be received and filed and that Nr. Henderson be notified that .. _the matter will be.dec~ded St themeSinS,of Co~nci! scheduled ~o~-Au~ust l~th, _+ . 'Carried unanimously. . ~' Report No. ~22 - Mayor Thomson - Being an 'eXplanatory report on the'status of CLOSING OF CORFIELD ROAD. The report explains that this'proposal would result notbinS ere than the relocation~of Cotfield Read fiottherly ~rem its ~tesent 1~ - ~,0~ .and!no cheese of name for the ~oadway is proposed. "' OPaEBB1) On the'~tion of Alderman Cheesman~ seconded by Alderman Dills, 'that the report he'received and filed.' "'Carried unanimously. '~ -7 - COMMUNICATIONS No. 171 - Regional Municipality of Niagara - Re: Portage Road Bridge over E.E.P.C. Canal - for the information of Council and comment to Region. Alderman Chessman commented that very few vehicles are observing the speed limits at the bridge and some attention should be given to this problem. Alderman Metfelt observed that the Police have been enforcing the speed limits much more closely in recent weeks, however he suggested that the Region's report be tabled and that staff report on details as to cost sharing and other factors to determine if there are any alternatives. Alderman MacBain stated that when we have the report we should have abailable a large plan of the area, showing the advantages and disadvantages. Alderman Schisler expressed the hope that the report will detail the amount it would take to replace the bridge, as com- pared to rehabilitating it. Mr. C. R. Eidt, Director of Engineering for Regional Niagara, who was in attendance at the meeting, pointed out four factors which must be acted upon (a) take steps to avoid the problem of trucks and speeding (b) keep the traffic in the centre of the bridge to protonS its lifespan (c) enforce the weight restrictions (d) plan to purchase small maintenance ~ equipment to assist in prolonging the life of the bridge. .ORDERED on the mellon of Alderman Merrett~ seconded by Alderman Cummings, that the report be tabled and that Staff be requested to prepare a detailed raporb on cost sharin~ and other factors to determine if there are any alternatives · which could be considered. Carried Unanimously.' 'It was moved by Alderman Cummings, seconded by Alderman kerreli, that three reports be moved formard for consideration (Nos. 21,'24 and 25 under "REPORTS"). REPORTS No. 423 - City NanaRer - Re: Proposed Plan of Subdivision by Ten Partners Develop- ment Limited "Drummond Park Village" - MOH File 26T-76088. The report outlines amendments to certain conditions to be included in the Subdivision Agreement for the VDr,,-.-ond Park Village" Subdivision. ORDERED on the motion of Alderman Natfelt, seconded by Alderman Dills, that the report be received and adopted ~nd the recommended amendments approved. Carried unanimously. No. 424 - City Manager - He: Portage Road Sidewalk and Lighting. The report ~concerns a letter received from Mr. William H. Beer of 7936 Sarah Street, who requests consideration of the installation of a sidewalk on Portage Road between Marineland and the former Village of Chippawa, and adequate lightinS for the said area. The report recc~,_mends that no chan~es be made to the liShtin8 and that the possibility of a sidewalksand cycle path be referred to the Finance Committee for consideration in the 1980 OperatinS Budget. Mr. Beer was in at- 'tendance at the meetin8 and was so advised, ORDERED on the motion of Alderman MacBain, seconded by Alderman Dills, that 'the .report be r~ceived and the recommendations adopted, Carried Unanimously, No. 425 - CityManager - Re: Timing of Deposits for Municipal Services in Development of Subdivisions - Charges for existin8 services and Engineering Fees. The report outlines changes proposed to be made to the existinS De- claration of Policy for Development of Subdivisions in order to make it more economically feasible for Developers to proceed with subdivision development in stages within the City of Niagara Falls.' ORDERED on the ~otion of Alderman Chessman, seconded by Alderman Wallman, that the report be received and adopted and that a revision of the wording of the relevant portions of the Declaration of Policy will be submitted to a subsequent me. sting of CoUncil-for adoption..' Carried Unanimously,' t -8- COI~tUNICATION8 No. 172 - Sudbury Region Disaster Reitef Con~ittee - Re: Request for Donation. ORDERED on the motion of Alderman MacBain, seconded by A{aef~n C~e~s~n, that the communication be received and filed. ~TE - Aldermen MacBain, Chessman, Puttick, Cu.rmin~s, Dills, Hinsperger, Metreal Schisler. NAYE- Aidemen Wallman, S0bol, Fera. Carried. ORDERED on the motion of Alderman MacBain, sedonded by Alderman Chessman, that durtn~ the 1980 Budget discussions consideration be given to setting aside an amount in order to grant requests for emerEency relief~ Carried unanimously. No. 173 - Mr. Bob Lavelie - Re: Slo-Pitch Tournament. The communication reques ~' permission for a beer tent at.the Niagara South Recreation Centre on Sodom Road ~ on August 19, 20, 21, 1979. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dills, that the request be approved subject to similar approvals being obtained from the Regional Police, Fire Department, Health Unit and L.L.B.O. Carried unanimously No. 174 - Niagara Shoppin2News - Re: AdvertlainE. The cou~nunications request .the City to consider placing municipal advertising in the e~iagara ShoppinE Ne~ ORDERED on the motion of Alderman Metreal, seconded by Alderman Chessmen, that[ t t o na ed the Canada Relief Society. OREERRD on the motion of Alderman MacBain, seconded by Alderman Metreal, that the communication be referred to the Mayor~s office for a further report. Carried unanimeusly. No. 176 - Ministry of Consumer and Com~ercial Relations - Re: Amendment to Regulation 647 of the Provincial Plumbing Code. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fare, that .the Comunication ~e received and filed. Carried unanimously. REPORTS No. 426 - Lottery Licensing OffiCer - Re: Proposed Bingo Lottery, St. Anthony Parish. The report requests Countills consideration of the application. ORDERED O~ the ~otion of Alderman Schisler, seconded by Aldex~an Herreta, that the report be received and filed. Carried unanimously. No. 427 . City Manager - Re: quotations covering the supply and delivery of paper products. The report contains a reconuehdation by the Co-Operative Purchasing Committee that the quotation by MarshalllFaper Products be accepted. Alderman Sobel declared a conflict of .interest on this matter and abstained fr~ the vote. ' ' ' ORDEPaD on the motion of Alderman Fare, seconded by Alderman Schieler, that the report be TeceiVed and adopted...Carried unanimously._ No, 428 - City Mana2er - QuOtation for Radial Con~ressor. The report re&ommenal that the quotation submitted by Safety Supply Company in the amount of $9,023.~] be accepted. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler& ~that the .report .be received and adopted. Carried unanimously. No. 429 - City Manager - Re: Quotations for the supply and installation of two ~12", Class t~" Chimney Vents. The report recommends that the tender submitted t,'s B. S. Fox Limited in the amount of $4,610.00 be accepted. " ORDERED on the motion of Alderman Fera, seconded by Alde~nan Schisler, that the report .be received and adopted. Carried unanimously. No. 430 - Alderman Chessman - Re: City's .75th Anniversary Celebrations. The report su~narises planned activities in conjunction with the celebration the Cityss 75th Anniversary and asks for Countlies input before any definite are;finalised. Aldermmn'Cheesman addressed Council briefly in this regard. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fare, that the report be received and filed. Carried unanimously. ' NO. '~31 - City Manager - Re: Ontario Legislature Bill 24, Environmental Protect~ Act Amendment. The report reco.~ude that Bill 2~ be endorsed by Council and that the Ontario Minister of the Environment be commended for the introduction ~t this Bill, and further, that the Minister of the Environment be requested that -9- REPORTS - continued... No. 431 - City Manager - Ontario Legislature Bill 24 (conlid) .~.the local autonomy and the right of a Municipality to respond and in~ttate immediate action should be recognized, since ~n many cases it may not be practical to wait for the Ministry to move in and take control of the situation because of the urgency of the matter. In this respect the Municipality should be tom- · pensated for its efforts. ORDERED on the motion of Alderman Sob01~ seconded by Alderman Fete, that the report be rece.~ved and adopted. Carried Unanimously. No. 432 - City Manager - Re: Purchase of New Equipment - 1979. The report concerns tenders for one Vacuum Street Sweeper and recomends that the second low tender, submitted by Wheels, Brakes and Equipment, be accepted. ORDERED on the motion of Alderman Schisler, seconded by Aldeman Wallman, that the report be received and adopted. Carried Unanimously. No. 433 - Ctt~'Mana~er - Re: Referral of Amendment No. 1 to the Official Plan of the Niagara PlanningArea (Regional Policy Plan) to the Ontario Municipal Board. The report deals with certain chan~es made to the P~lfcy Plan by the Region, and recommends that a letter of clarification be sent to the Ontario Municipal Board and to the Minister. ORDERED on the motion of Alderman Fete, seconded by Alderman Wallmen, that th~ -report be received and adopted. Carried Unanimously. No. 434 - City Manager - Re: Niagara South Board of Education Surplus School Property - Victoria School at Portage and Stanley. The report reconm~ends that the Niagara South Board of Education be advised that the City has no municipal requirement for the Victoria School property. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 435 - City Manager - Re: Proposed amendment to the Swimming Pool Fenc~ By-law. The report advises that a proposed amendment to the Swimming Pool Fence By-law appears on tonight~s ageride and requests Countills approval. The pro- posed amendment is not to be retreattire and would only be effective on new _fencing installed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dills, that the,report be re=sired and adopted. Carried Unanimously. See By-law No. 79-115 No. 436 - City Manager - Re: Additions to the Niagara Falls Memorial Arena - Agreement between Rag Quinn Limited and the City of Niagara Falls. The report advises that appearing on tonight~s agenda is a by-law to authorize the tityes execution of an agreement with Reg QuimnLimited respectin~additione proposed .-for the Niagara Fails Memorial Arena, and requests Council to give the necessary approval to the By-law. ORDERED on the motion of Alderman Fare, seconded by Alderman Dills, that the report be received aBd adopted. my Carried Unanimousl},. See By-law No. 79-119 No. 437 - City Maeager - Re: Closing of a Portion of Queen Street to vehicular ~]utraffic on July 28, 1979. The report deals with a request of the Downtown Board of Management to close the portion of Queen Street between Erie Avenue and Crysler Avenue to vehicular traffic on July 28th, in order to permit the holding of a side- walk sale. ORDERED on the motion of Alderman Fare, seconded by Alderman Dills, that the report be,received and adopted.~'~ ., Carried Unanimously. -: See By-law No. 79-116 · No. 438 - City Solicitor - Re: Provincial Gas Franchise Agreement - the report provides infor~ation to Council regarding the agreemnt with the Provincial Gas Company on the changes requested by the City in the proposed new franchise agree- mant. ORDERED on the motion of Alderman 8ch{sler,~seconded by Aldermen Metreal, that the report be received and filed. Carried Unanimously. REPORTS - continued No. 439 - City Manager - Re: Lot 8, Falls Industrial Park Extension. The report recom~nds that City Council authorize the sale of Lot 8, Registere~ Plan M-67, to Mr~ Mimi Constantine B~amonte'at a price of $15,965.00, and that a 5% reel estate commission of $798.25 be paid to Mr. Artists of Royal Trust his commission on the sale of this property. ORDERED on the motion of Alderman Herrart, seconded by Alderman Wallman, that the report be received and adopted. The motion Carried with the followtn~ volt A..YE - Aldermen theesmart, Cummings, Dilts,'Fera, Rineperger, MacBain, Marfelt, Puttick, Sobol, Wallman. NAYE- Alderman Schisler Sac By-law No. 79-117 No. 440 - City Manager - Re: Lot i3, Fails Industrial Park Extension. The ~eport recommends that City Council authorize the sale of Lot 13, Plan M-67, to Mr. A. Kalaycioglu at a price of $17,840.50. Register~ ORDERED on the motion of Alderman Cheesm~_n, seconded by Alderman Fera~ that the r~port be received and adopted. Carried Unanimously.~ See By-law No. 79-118 No. 441 - City Manager - Re: Falls Industrial Park Extension - Xgreemente of Purchase and Sale. The report advises Council that the form of Agreement of Purchase and Sale being used for the sale of lots in the Falls Industrial Park Extension is substantially the same as the form that was used for the' Falls Industrial Park~ With the exception of certain changes in vording that ere necessary under the Land Titles system. The changes are set out in the report. ORDERED on the motion of Alderman Metfelt, seconded by Alderman Cummin~a, that the report be received and adopted. The mellon eartied with the followin~ vote. AYE - Alde~nen Chessman, Cummings, Dills, Fern, Hinsperger, MacBain, Martart, Puttick, Sobol, Wallman.. NAYE- Alderman Sch~sler." ' No. 442 - City Manager - Re: Land Division Severance B-338/79, George and Rose Admiral - Wii10dell Road. The report provides~formation to City Council with respect to an application of George and Rose Admiral fora la~d severance, and action taken by Staff concerniu~ the app!ication. ORDERED on the motion of Alderman Fern, seconded by Alderman CUmmings, that the ~eport be received and adopted. Carried Unanimously. nager- s ernnce Ap,lic,tion ra. M. ip C Parkway. The report rsquestsCouncil*s support of this appli- cation for consent on the basis of proposed Official Plan Amendment No. 71 and the proposed Comprehensive Zoning By-law, with~ the conditio~ that a'minor variance be obtained from the Committee of Adjustment. ..... ORDEREB On the motion of Alderman Soboi, seconded by Alderman Dills, that the ~aport be received and adopted. Carried Unanimeusly. No./~ - City Manager - Re: Availability'of Surplus Regional Property acquired for the Mo~rison St./portage Road Relocation Project. The report deals with offer received ~rom Regional Niagara e~ three parcels of land which were ac- quired by the Region for the Norrison St./Portage Rd. reloeetion project, and which have nov been declared surplus to~their requirements.' The report recom- ~'mends that theRegiones offer not be accepted, inasmuch as ~h~ Hunicipality has no immediate use for any o~ the parcels evallama. ORDERED on the motion of Alderman MaeBain, seconded by Alderman Cheesman, that the.re,oft be received and adoptad~ , Carried unanimeusly. l: No. ~/+~ - City Nanseer - Re: Balmoral Court Subdivision -'Fila'26T-24772. The report concerns a request by the owners of Balmurn1 Court Subdivision to the Ministry of HoUsing to grant a sixmonthss extension of the draft plan · approval until January 26th, 1980, and recommends that City Council concur with the request and that the.NiniS~ry_o[ Rousin~,.Subdivisions ~raneh, be advised ~eeordingly. ' '~ORDERED on theemotion of Alder=an Fare, aeOonded by Alda=manCheesman, that the report ba received and a~o~t~d~ Carried Unanimously, - 11 - REPORTS - continued No. 446 - City Manager - Re: Jack Bell Arena Mezzanine. The report concerns a proposal from the Niagara Falls Minor Hockey Association respecting the mezza- nine area of the Jack Bell Arena. The Association would like to finish this area at their expense and then lease the area back from the City. The report recom- mends that City Council approve this proposal in principle, that the Minor Hockey Association be authorized to proceed with the necessary design work and that City Manager be authorized to prepare the necessary agreement or agreements for consideration of Council at a subsequent meeting. ORDERED on the motion of Alderman Schisler, seconded by Alderman Metfelt, that the report be received and adopted and referred to the Recreation Commission for 'info~mation:purposes. Carried Unanimously. No. 447 - City Manager - Re: Stamford Arena Ice Surface. The report deals with proposed renovations at the Stamford Arena and recommends that the City Manager be authorized to invite tenders from qualified companies, because of the special- -'feed nature of the work. ORDERED on the motion of Aldermen MacBain, seconded by Alderman Sobel, that the report be received and adopted and that the matter be referred to the Recreation Commission for information purposes. Carried Unanimously. No. 448 - City Manager - Re: Heating System for Community Resources Centre. The report advises Council regarding renovations to the heating system"at the Community Resources Centre. Mr. Cec Amedio, a member of the Community Resources Centre Management Committee and Don Snyder, Construction and Contract Control Superintendent, who have been involved in the planning of this work ~ave con- eluded that it is necessary to hire a consultant to provide the necessary specifications for the Work Order. The report recommends that the firm of -White, Mossop and Erling Limited be hired by the City to provide the consulting Services, the cost of which would be included in the $15,000. [tgure which was allocated in the Recreation Budget Capital Account for this purpose. ORDERED on the motion of Alderumn Chessmen, seconded by Alderman MacBain,. that the report be received and adopted Carried Unanimously. No, 449 - City Manager - Re: Resolutions from other Municipalities. The report lists a number of resolutions. received from various Ontario Municipalities, dealin~ with matters of municipal concern and submits connents and a recommen- dation regarding each resolution. ORDERED on the motion of Alderman Dills, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. 'No. 450 - City Manager - Re: Municipal Accounts. The report recommnndS payment of the municipal accounts. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fern, that the ~report be received and adopted. Carried Unanimously.. RESOLUTION No. 71 - CUI~rlNGS - FERA - RESOLVED that this Council.approves the expenditure by Greater Niagara Transit Commission of the sum of $1,500.00, in addition to the purchase price for the land described in By-taw No. 79-12, for a complete release of all interest and claime of T. Edward Galloway in part of said land -and withdrawal of his appnal to the Ontario Municipal Board from the decision .ofthe Land Division Committee on Consent Application B-150/79. Carried, with Alderman MacBain abstaining on a conflict of interest, and all others voting in fayour. - 12 - BY -LAWS ORDERED on the motion of Aldet~nan Cummings, seconded by Alderman Chessman, that leave be granted to introduce the 'following by-laws, and the by-laws be read a first time: No. 79 - 115 ~ A By-law to amend By-law No. 73-159 as amended by By-law No. 73-186, respecting the' fencing of privately' o~ned' swimming pools. No. 79 - 116 - A By-law to close a portion of Queen Street to vehicular traffic No. 79 - 117 - A By-law to authorize the sale of land in the Falls Industrial ~ ' Park Extension (Lot 8). No. 79 - 118 - A By-law to authorize the sale of. land in the Falls Industrial Park Extension (LOt 13). No. 79 - 119 - A By-law to authorize. the execution of an agreement'with Rag. Quinn Limited. · No. 79 - 120'- A By-law to provide monies for general purposes. Carried~ with Alderman Sbhisler voting contra~ on By-laws No. 79-117 79-118, and all others 'votin~'in favour. -No, 79 -'115 ORDERED on the motion of Aldermen Fera, seconded by AldermnMerrett, that the followin~ by-laws be now read a second and third time: ' - A By-law to amend By-law No. 73-159 as amended by Byalaw No. 73-186, respectin~ the fencin~ of privately'owned aw~mmit~ ppols. No. 79 - 116 - A By-law to close a portion of Queen Street to vehicular traffic No. 79 - 117'- A By-la~ toauthorize the sale of land in the'Falls Industrial Park Extension (Lot 8). ~. No.. 79 - 118 - A By-law to authorize the sale of'land inthe Falls'Industrial Park Extension (Lot 13). No. 79 - 119 - A By-lay to authorize the execution-of an agreement with Rag. Quinn Limited. ' No. 79 - 120- A By-law to provide monies for general purposes. parried, with Alderman Schisler voting contra~ on By-laws No~ 79-117 a0 79-118, and all others votinR in favour. NEW BUSINESS DUST PROBLEM - CORNER OF TBOROLD STONE ROAD & QUEEN ELIZABETH WAY Alder~enMacBain brought to Council's attention a problem which has beancreat~~ by the owners of the fox~er Monroe farm at the corner of Thorold Stone Road an~' the Queen Rlisabeth ~ay. They have installed a berm to cut down the noise, but this has resulted in a tremendous problem with dust at this corner, which is , "a~fectin~ the nearby residents. Also, young people are riding their motorbikes~ over new roods which have been roughly constructed in the area Aldermen Mac requested that staff investigate the problem with the hope of ~indin~a solut - 13 - NEW BUSINESS continued ... 75th ANNIVERSARY CELEBRATIONS Alderman theeamen presented a large "75th Anniversary" sign for Council's inspection and stated that there are a dozen or so of the signs which will be erected in various strategic locations throughout the City, with one sign to be placed on the outside of City Hall. VIETNAMESE BOAT PEOPLE Alderman Chessmen reported that considerable interest has been shown by various individuals, organizations, etc., in the City, who are desirous of helping the "boat people". Several parishes in the City have made plans to sponsor families, and other projects are underway to help these unfortunate people. Miss Crystal Hutchinson of the City's Social Planning Council is acting as co-ordinator and can be reached at 356-2482, if any further information is required. OAKES PARK Aldermen Cummings noted that Oakes Park was left in a very heavily littered~and untidy condition followin~ the recent Interuationsl Celebration of Indian Tribes from both sides of the border. The Alderman asked for a report on the costs of cleaning up the park after being left in such a condition. N. S. & T. RIGET OF WAY, REAR OF SHELBON STREET. Aldermen Cummings stated that the N.S. & T. right of way behind his residence is overgrownwith weeds and asked if arrangements could be mode to have this property cleaned up. LOTTERIDCE TIRE PROPERTY - 4332 DRUI~ND RO~D Aldermen Cummings reported that the empty lot across from the Lotteridge Tire property on Drummond Road is over8rownwlth weeds and asked that this condition be corrected. SPEEDING BOATS ON WEL~AND RIVER - FORMER V, ILLAGE OF CHIPFAWA Mayor Thomson stated that his attention had been called to the fact that boats were being operated on the Welland River at Chippaws at excessive rates of speed. The speeding boats are a hazard to nearby swimmers. There is a municipal by-law prohibittn~ excessive speeds by boats on the Welland River, but apparently i~ is not bein~ enforced to the fulleat extent. The City Solicitor is working on this problem at the present time. The mettot will be thorouShly investigated and ajceport will be presented to Council at a subsequent meeting. FINANCE eeMMl'rr~E MEETING Aldermen MacBain announced that a meeting of the Finance tomfates will be held in Committee room ~l at City Hall on Wednesday, July 25th, 1979, at 4:00 It was moved by Aldermen Fera, seconded by Alderman Dilts, that the meeting adjourn. READ ~ ADGPTED, MAYOR WA ' THOMSON :i TWENTY-THIRD MEETING Council Chambers August 7, 1979 SPECIAL MEETING Council met on Tuesday, August 7, 1979 at 4:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Chessman, Cummings, Orr, Schisler and Sobol. His Worship, Mayor Thomson presided as Chairman. REPAIRS TO COMPRESSOR STAMFORD/JACK BELL ARENA The Projects & Services Engineer explained that at the Jack Bell Arena, two compressors are used for ice surfaces at both the Jack Bell Arena and the Stamford Arena. Because of repairs to be made to the ice surface at the Stamford Arena, various programmes scheduled to begin shortly had been set for the Jack Bell Arena. One week previously, the larger of the two compressors used to cool the refrigerant for the ice surfaces broke down. The ice was subsequently lost at the Jack Bell Arena and it was necessary to move the summer skating school to the Niagara Falls Arena. Various other scheduled , programmes were also accommodated elsewhere. The Projects & Services .Engineer advised that there were two courses of action open to have the Jack Bell Arena back in operation as soon as possible. The first alternative would be to repair the existing equipment, and several contractors with large enough equipment to do this work, have been requested to inspect the compressors and provide quotations. The other alternative would be replacement of the compressor, and proposals have been invited from various refrigeration contractors. Any new equipment ordered would be from a firm's existing stock since the ordering period on this type of equipment is much too long. The Projects & Services Engineer advised that quotations on both repair and replacement would be reviewed with firms experienced in refrigeration, and a determination would be made on'which alternative to follow. It was estimated that the cost of repairs would be between $2,000 and $5,000, while the cost of replacement would be $15,000 to $25,000. The Projects & Services Engineer provided additional information in response to a number of questions raised by members of Council. It was advised that a report reconmending the course of action to be taken would be prepared for the next meeting of Council. SALE OF LOTS 51 AND 52, FALLS INDUSTRIAL PARK The City Manager referred to a report approved by City Council in July which authorized the sale of Lots 51 and 52 in the Falls Industrial Park to Dorcy Ashflash Canada Ltd. At that time, City Council authorized the City Solicitor to prepare the appropriate legal documents to finalize the transaction. When it was learned that a special meeting would be required to deal with the compressor breakdown at the Stamford/Jack Bell Arenas, it was felt that the necessary by-law to authorize the sale of the land could be presented to Council in order to allow the firm to proceed quickly. Alderman Puttick asked if it was reasonable to assume that there are many industries in Toronto unaware that they can operate their businesses much cheaper in Niagara Falls. The City Manager explained that not every type of industry would find the same differential in taxes. Industries are rated on a percentage use of the building, and different rates are applied to different types of industries. In the case of Dorcy Ashflash Canada Ltd., the tax rate was more favourable in Niagara Falls. The City Manager further explained that the main differential was the price of land, which was much less expensive in Niagara Falls than in Toronto. His Worship, Mayor Thomson also commented on the actual comparison in assessment and taxes between Toronto and Niagara Falls, and suggested that this type of comparison could be used by the Business & Industrial Growth Agency in attracting industry to the City. B.Y-LAW ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that leave be Branted to introduce the following by-law, and the by-law be read a first time: No. 79-121 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lots 51 & 52 - Dorcy Ashflash Canada Ltd.) Carried Unanimously -2- ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the following by-law be now read a second and third time: No. 79-121 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lots 51 & 52 - DorcyAshflash Canada Ltd.) NEW BUSINESS MAPLE LEAF VILLAGE Alderman Puttick asked if there was any additional information available on the documents that were removed from City Hall concerning Maple Leaf Villag and how the City had become involved in the matter. His Worship, Mayor Thomse stated that the only information he had was that the R.C.M.P. had come into City Hall with a warrant and took various plans and documents dealing with Maple Leaf Village. It was moved by Alderman Puttick, seconded by Alderman Fera, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, coLh 'eli': L ~qENTY-FOURTH MEETING Council Chambers August 13, 1979 REGUL/LR MEETING Council met on Monday~ August 13, 1979, for the purpose of considering general business. All members of Council were present with the exception of Aldermen Chessman and Merrett. His Worship, Mayor Wayne Thomson presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the minutes of the meeting held on July 23, 1979, be adopted as printed. Carried Unanimously. PRESENTATIONS NIAGARA FALLS CITY EMPLOYEES SLO-PITCH TEAM His Worship, Mayor Thomson presented Achievement Awards to the members of the Niagara Falls City Employees SIc-Pitch Team who won the Ontario Municipal Employees Sic-Pitch Championship in Etobicoke during July of 1979. Awards were presented to Mr. V. Scaringi, Mr. D. Jones, Mr. V. Del Vecchio, Mr. K. ~brningstar, Mr. F. Higgins, Mr. S. Horton, Mr. E. McDonald, Mr. M. Murray, Mr. W. Gates, FAr. B. Wilsack, FAr. W. Hunter and Mr. S. Mirabelli. Mr. J. Morocco, Mr. F. Meredith, Mr. S. Davis, Mr. B. Burger and Mr. J. Morocco who were unable to attend the meeting, will also receive awards. Following the presentation, FAr. V. Scaringi of the team challenged the Mayor and Council to a sic-pitch game. MR. GORDON SINGLETON His Worship, Mayor Thomson presented Idr. Gordon Singleton with a medallion in recognition of his achievements at the Pan-Am Games in Puerto Rico this year. Mr. Singleton thanked the Mayor and Council for the medallion, and indicated that he hoped to do even better for Niagara Falls in upcoming competitions. MR. WILLIAM GIBSON His Worship, Mayor Thomson presented a retirement watch to Mr. William Gibson who had commenced his employment in 1949, and had worked in the Sanitation Department as a driver during most of his career with the City. MR. HECTOR LAPIERRE His Worship, Mayor Thomson presented Mr. Hector LaPierre with a 25-Year Plaque in recognition of his service with the Niagara Falls Fire Department. MR. JOE RALPH His Worship, Mayor Thomson presented a scroll to Captain Joe Ralph of the Niagara Falls Fire Department in recognition of his successful efforts in rescuing a City resident from a burning building. The Mayor comnnented that while a fire fighter's work frequently involves him in hazardous situations, the actions of Captain Ralph in entering a burning building and placing his own life in danger, was considered above and beyond the call of duty. It was moved by Alderman Puttick, seconded by Alderman MacBain, that item number twenty-two under reports be brought forward for consideration at this time. Carried Unanimously. REPORT No. 451 - Alderman A.A. MacBain - Re: Financial Assistance for National or International Competition. The report of the Finance Cownittee recommends that funds be mde payable as follows to assist with transportation costs involved in national or international competition and not conflict with any regulations of -2- the Amateur Sports and Olympic Mandate: $200, and Gordon Singleton - $500. ORDERED on the motion of Alderman MacBain, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. i Monika Draeger - $200, Laurie Hersom. ~ Humane Society, and indicated that his own personal feelings on the matter did not reflect Mrs. Healey's ideas on regionalization. The Mayor suggested that members of Council express their opinions on the proposal and indicate whether or not they are in favour. DEPUTATIONS LITTLE MISSISSIPPI DRAINAGE SYSTEM Communication No. 177 - Residents of Bell Crescent - The communication advise% of problems experienced by residents of Bell Crescent in connection with the Little Mississippi drainage system, and requests the installation of proper and catchbasins to alleviate the problems. Mr. K. Liddiard was granted permission to address Council on the motion ~ Alderman Orr, seconded by Alderman Sobol. Mr. Liddiard advised that resideutah: approached the City a year ago through Alderman Dilts on the matter, and staffi, of the Engineering Department had been sent to inspect the system. Following~ the inspection, a letter was sent to the residents which was not considered be satisfactory by the residents. The problem was left to sit over the winter; months, and in the spring, a second approach was made to the City. Mr. Liddia~ indicated that a second crew was sent out to inspect the system, and one of solutions offered was to landscape the ditch with sod or grass in a manner ths~l would still be used as a ditch, however the grass could be cut. Mr. Liddiard~ stated that this solution did not solve the problem, since after rain, the will sit in the ditch and it is impossible to cut the grass. Mr. Liddiard suggested that with the installation of proper culverts, the residents would able to grade the land and have use of all their property. Because of the sl0~ of some of the lots, the residents have difficulty in properly landscaping thei~ properties. In some cases, the residents have lost twenty or thirty feet of because of the drainage ditch. Mr. Liddiard suggested that if the City would continue on the culverts that were installed on the first section of Bell Cresol the residents could properly landscape their lots and have full use of their r~ yards. Mention was also made of four vacant lo.._ts on Bell Crescent filled with rubble and weeds, and it was requested that these lots be cleared properly. Mayor Thomson referred to a special committee established recently dealin with drainage matters, and suggested that an on-site meeting be set up with members of the. committee. The committee would then be able to review the matt and prepare recommendations for the consideration of Council. Mr. Liddiard indicated that this approach would be satisfactory to the residents. It was moved by Alderman Dilts, seconde~ by Alderman Fera, that the marts be referred to the special committee on drainage matters. Carried Unanimously REGIONALIZATION OF THE HUMANE SOCIETY Mrs. M. Healey was granted permission to address City Council on the motii of Alderman Sobol, seconded by Alderman Dilts. Mrs. Healey stated that she ha~- received a letter from the City Clerk advising of complaints received on the constant barking of her dogs. Mayor Thomson asked if the letter had anythingl~ do with regionalization of the M-m~ue Society, since this was the purpose giv~ in the request to address Council. Mrs. Healey indicated that she. coald deal with regionalization of the Humane Society first. Mrs. Healey proposed that Humane Society become a regional operation. The existing shelters within'the Region could be retained as local depots until a central depot could be built decided upon. M~mbers of Council from all of the area. municipalities could be represented on a hoard, and hopefully problems could be resolved this way. Mrs. Healey indicated it was her understanding a number of communities within the Region were complaining about animal control, and a regional humane socie~!' could be a solution to these problems. Alderman Sobol msked Hrs. Healey if had approached Regional Council initially to determine the Regton's feelings on a regional humane society. Mrs. Healey indicated that she had not spoken y r o gional Counctl~ however she had spoken to a number of Humane an membe 8 f Re Societies within the Region that all seem to have problems at different times with animal control. Mrs. Healey offered to get letters from the different municipalities indicating their feelings on the proposal. Alderman Puttick suggested that perhaps Mrs. Healey could prepare a brief containing the of the various municipalities, and submit this to the Region. The Alderman commented that this was not a matter that Council could support without study and cost estimates. His Worship, Mayor Thomson pointed :out that he did not want Mrs. ~ealey Set the impression that City Council was in fayour of re6ionalization of the Alderman Fern commented that he was not in favour of a regional humane society, and commented that although the City has problems with animal control, a regional humane society could present even more problems. Alderman Schisler stated that he could not support a regional humane society. The Alderman compared a regional humane society with the Regional Police, indicating that there would not be enough employees to go around for proper patrols. The service would be just as bad, if not worse, unless the Region pays top dollar for the service. Alderman Sobol felt the Council should not act upon the suggestion at all, and suggested that Mrs. Healey go directly to the Region. The City could then review the comments of the Region and act at that time. Mrs. Healey stated there was no point in getting letters from anybody if the Council did not support the proposal. Mayor Thomson stated it was Mrs. Healey's decision on whether or not to obtain statements from other municipalities. Mrs. Healey stated that she was back to square one with her problem, and referred to a letter she had received from the City Clerk concerning a complaint made about her dogs barking. Mrs. Healey explained that there are dogs running loose in the area, and these dogs cause her dogs to bark. She further indicated that she did not wish to end up with a court action, and asked how she could resolve the problem. In response to a question raised by }~yor Thomson, Mrs. Healey stated that nothing is done to curb the dogs running loose in the area of Inglis Drive along Homewood Avenue to the F.H. Leslie Pool. Mayor Thomson indicated that the only thing the City can do is to refer the complaint about dogs running loose to the Humane Society and ask the Society to investigate. The Mayor asked Mrs. Healey if she knew who owned the dogs. Mrs. Healey indicated that she knew the owners of some of the dogs, however she had tried to report this to the Humane Society and got no response, even after calling Mr. Stewart the Manager at home. Mrs. J. Jarrett of the Humane Society indicated that this was not the first complaint Mrs. Healey has had with the Humane Society. Mrs. Jartort advised she had canvassed the area during the weekend, and after speaking to twenty-seven different persons, she had not found one person to confirm the complaint about a pack of dogs running loose. The general complaint appeared to involve the constant barking of Mrs. Healey's dogs. Mrs. Healey asked who was complaining about her dogs barking. Mayor Thomson stated that it would defeat the purpose of people telephoning on any complaint if the City were to give out the names of complainants. Such a practice could start neighbourhood feuds all over the City, and Mayor Thomson stated that if the complaint were legitimate, the matter would be investigated and the complainant would remain anonymous. Mrs. Healey stated that there were two people living in her neighbourhood that let their dogs out loose at midnight when coming home from work, and there were three dogs in the park after midnight every night. Mayor Thomson stated that the Humane Society would be asked to investigate the complaint of dogs running loose on a regular basis. Mrs. Jartort suggested that it would be helpful if Mrs. Healey could supply the names and addresses of the persons allowing their dogs to run loose. UNFINISHED BUSINESS NIAGARA FRONTIER HUMANE SOCIETY Report No. 452 - City Manager - The report advises of a resolution submitted by Alderman Dilts to the Finance Committee regarding future operation of the Humane Society, and submits same to City Council for further consideration. Report No. 453 - Alderman C. Cheesman- The report comments on the resolution submitted by Alderman Dilts to the Finance Committee. His Worship, Mayor Thomson advised that there had been a meeting held earlier with respresentatives of the Hnm~ne Society regarding the transfer of the Humane Society to the uew building in the Palls Industrial Park. The Mayor indicated 'I -4- that it became evident very early in the discussions, that the solicitor for the H,,m~ue Society had not had an opportunity to study the resolution prior te the meeting. After studying the resolution, the Society~s solicitor indicate~ that he was not in fayour of it, and requested an opportunity to study the resolution further and submit a counter proposal which would be more acceptaM to the Society. The Mayor further advised that the Society is of the opinion they are in a legal position of not having to accept the terms of the resolutL at present, and it was agreed that sufficient time would be provided for the Society to review the matter, and the special committee would meet with representatives of the Society once a counter proposal has been prepared. Following further comment, it was moved by Alderman Sobol, seconded by Alderman Cummings, that the matter be tabled until the solicitor for the Humam Society has had an opportunity to prepare a counter proposal. Carried Unanimously. RETURN OF IMPOUNDED DOGS His Worship, Mayor Thomson referred to a recent unfortunate incident when a young boy was killed by dogs in the City. At that time, two dogs were quarantined at the H,,m~ue Society by the Health Unit. It was subsequently learned that these particular dogs were not involved in the attack on the youm boy, and in fact had been quarantined an hour and a half before the incident took place. The dogs were, however, held in the same manner as the other dogs involved in the attack. The Mayor advised that the owners of the dogs have been notified that they will be responsible for the cost of the quarantine of the dogs, approximately $165, however the owners do not feel they are responsi~ nor do they have the money to pay the Society's bill. Since the quarantine period will expire prior to the next meeting of Council, Mayor Thomson felt the question should be resolved as to whether or not the owners should be char~ the $165 fee. The Mayor explained that the Public Health Act is quite specifi that a municipality will be responsible where there is a quarantine of~a dog ordered by the Health Department when there is h,,msn involvement. There was no human involvement with the two dogs in que~t. ton, however as a safety factor they were quarantined. The City Solicitor advised that where a person has bee bitten by a dog and the dog is quarantined for suspected rabies, a municipalit:~ may have to pay the costs involved. Since the dogs quarantined were not invole in the attack, the City Solicitor did not feel the City was responsible for costs. In response to a question raised by Alderman Puttick, Mayor Thomson advie:~ that the $165 bill would be payable to the Humane Society. Mr. Bob Green of the Humane Society was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Wallman. Mr. Gre~ advised that the dogs were impounded an hour and a half prior to the incident involving the young boy. The dogs apparently had killed a puppy, and were impounded for that reason. Mayor Thomson stated that dogs cannot be quaranti~zJ because of an attack on another animal, there has to be h,~nn involvement. Mayor suggested that the dogs were quarantined by mistake, and that the. owners should not be charged for that mistake. In response to a question raised by Alderman~C,~nmings, the Mayor advised that the dogs were quarantined by order the Health Unit. Alderman Cu~waings did not feel the City should be responsibl for the cost because of the mistake made by the Health Unit. In response to a question raised by Alderman MacBain, Mayor Thomson stat~ that the dogs had been licenced. Aldezman Schisler suggested that Council have a full report on the matter before making a decision. Mayor Thomson stated that if Council waited for a full report, the dogs would be at the Humane Society for another two weeks resulting in an even higher bill. .; In response to a question raised by Alderman Sobol, the City Solicitor explained that authority for'the charge was quoted as regulation 703 of The Public Health Act. This regulation states that where a person has been by an animal and there is suspicion of rabies, the animal shall be confined at the expense of the municipality. The information now indicated that no person was bitten by the dogs in question, and therefore this regulation woul~ have no application to the Municipality being responsible for the charging of keeping.the dogs at the Humane Society, I~s. J. Jarrett of the V,,~ne Society advised that the dogs were by the Health I hair, and that the 8ociety had no objection to the dogs being 5 returned to the owners. As far as the bill was concerned, Mrs. Jarrett suggested that the $165 be split by the City and the Society as an alternative. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Sobol, that the $165 quarantine fee be shared by the City and the · Humane Society, and that the dogs be returned to the owners. The motion Carried with the following vote: AYE: Aldermen Dilts, Fera, Hinsperger, MacBain, Orr, Puttick, Sobol and Wallman. N~YE: Aldermen Cummings and Schisler. MEETING WITH GREATER NIAGARA GENERAL HOSPITAL Communication No. 178 - Greater Niagara General Hospital - The communication suggests a meeting with the three members of Council serving on the Board of Governors of the Hospital, Mayor Thomson and members of the Executive Committee of the Hospital's Board of Governors, on the understanding that the purpose of the meeting would be to answer any general questions concerning hospital based treatment services as they may be affected by provincial constraints in the foreseeable future. Alderman Fern commented that the reason given by the Hospital for saying they will meet with the City's representatives on the Board rather thah the Council, was that operation of the hospital was under their Jurisdiction. The Alderman mentioned several problems at the hospital that he had been made aware of, and felt the situation was serious enough that the Board should meet with the entire Council. Alderman Puttick stated that he had originally requested the meeting with the Board of Governors of the Hospital, and had prefaced his request with the hope that Council could assist the Hospital in obtainiu~ financing to relieve their problems. The Alderman advised that the problems at the hospital bad now been brought to the attention of a group in Toronto and will be dealt with by the Ontario Legislature. Alderman Puttick indicated that all tapes and documents concerning complaints at the Hospital will be studied and considered in October, and suggested that the Board he thanked for the invitation, and the letter be received and filed. Alderman Sobol stated that she had gotten the impression the Board was diplomatically saying no to a meeting with the Council, and suggested that it appeared from the letter that the Board had something to hide and did not want Council to know about it. Alderman Sobol also commented that if the Board had no intention of discussing specifics of the hospital operation, what exactly could be discussed since the complaints involved the operation of the hospital. His Worship, Mayor Thomson stated that the Council is responsible for the City and although it has no direc~ responsibility for the operation of the Hospital, the Council could be considered derelict in its responsibility by leaving the problem to the Province. The Mayor stated that he did not want someone in · Toronto asking his questions, and felt that if the Board would not meet with the entire Council, the meeting should at least be held with the Cityzs representatives on the Board. Alderman Puttick commented that his intention was that Council could assist the Hospital in obtaining additional funding to resolve existing problems. The problems seemed to be of a monetary nature, and the Alderman indicated that there was no one on the Board with sufficient influence to assist in obtaining the type of financial aid the,~ospital required. Alderman MacBain stated that the Board did not wish to discuss the day-to-day operation of the hospital, and that Council did not have the expertise to get into this type of discussion. It was tile Alderman's understanding from the original discussion, that the problem was of a financial nature caused by restraint at the Provincial level. The hospital is taking certain steps and one was the study done by consultants on how to operate with less expenditures and increase efficiency. AldermanMacBain suggested that Council had not gotten its request across to the Hospital Board clearly enough. The intention had been to determine if the Board was not getting the funding it required to maintain the necessary level of service, and if not, to try and assist the Board in obtaining sufficient funding. Alderman MacBain felt it was wrong to give the impression that Council wanted to interfere in the operation of the hospital, The Alderman felt Council should take advantage of the meeting offered, and suggested that Alderman Putt~ck could take Alderman Chessman% place at the -6- meeting, since Alderman Chessman was out of town at the moment. Alderman Puttick indicated that he would not attend the meeting, and felt the matter should be left to the Province to handle. Mayor Thomson indicated that Alderman Cheesman would be back prior to the meeting and would be able to att~j Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Sobol, that the communication be received and filed. Thi~ motion was Defeated with the following vote: ~ ~YE: Aldermen Puttick and Sobol. NAYE: Aldermen C.mm~ngs, Dilts, Fera, Hinsperger, MacBain, Orr, Schisler and Wallman. It was then moved by Alderman Dilts, seconded by Alderman Cummings, that the iuvitation for the Council representatives and the Mayor to meet wit!; the Executive Committee of the Board of Governors of the Greater Niagara General Hospital, be accepted. The motion Carried with the following vote: AYE: Aldermen Cummings, Dilts, Hinsperger, MacBain, Orr, Schisler and Wall~ NAYE: Aldermen Fera, Puttick and Sobol. AM-30/78, S. TODD, EAST SIDE WILLOUGHBY DRIVE Report No. 454 - City Manager - The report requests Council's direction on whether staff should proceed with a zoning by-law amendment in view of the f~.~ the applicant is unable to obtain a deed or encroachment agreement. Mr. A. Henderson, solicitor for the applicant, was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Cummingi~ Mr. Henderson stated that the rezoning application had been approved by the Planning & Development Committee in November of 1978, and the matter was not submitted to Council since there was an encroachment of Mr. Todd's building the adjacent property to the south. Mr. Henderson advised that after all ef£ · his office had not been successful in obtaining a deed or non-encroachment agreement, however the adjacent owner has at no time objected to Mr. Todd's application, and the tenant has supported the application. The resorting wool~ permit certain specific uses which are not a~wed under the existing rural zoning. The only uses requested are for the storage of vehicles and servici~{ grease and oil only of vehicles in the building in addition to the towing business. Mr. Henderson stated that those persons who refer to the applicati~{ as permission. to operate a wrecking business, did not understand the ! distinction between a wrecking yard and a storage area. The type of storage business arises only out of towing of vehicles on the property and temporary storage of the vehicles until claimed by the original owner or the insurance company directs that they be disposed of at a wrecking yard. At that time, the vehicles would be removed from Mr. Toddle property. Mr. Henderson did no~ feel the proposed use would greatly affect the surrounding neighbourn~ use of their lands. Of the three immediate properties, Mr. Campbell who owns the h~ to the south is not, objecting and his tenant supports the application, there ', is the Allen property to the north which is vacant, and the Coules property which is one more to the north. Mr. Henderson did not feel the proposed use v~ affect the Coules or Alien properties, especially when there will be ~ proper fence constructed around the area where any cars will be stored. The cars would not be visible from Willoughby Drive or Weaver Road at present, and onctI' the fence was constructed, they would be hidden at all times. The former CNR right-of-way is densely bordered by bush and the Todd property would not be visible to properties on the east, even though a fence will be constructed. Mr. Henderson explained that Mr. Todd was heavily dependent upon the business, to support his family. The fact that business has increased also points to the fact that residents in Chippaws are also dependen~ on this service, in addition to the Regional Police and the Ontario Provincial Police. With resp to development of residential properties in the area, Mr. Henderson fe~et would be developed through row development rather than subdivisions. right-of-way would not lend itself to a plan of subdivision, and even if it could be developed, lonB range planning for the Chippaws area indicates that ~ subdivision development of these lands would .take place for ten years. Mr. Henderson felt that Council had to weigh the livelihood of Hr. Todd and b~ family and the use of the business to the residents of Chippawa against those persons truly affected if the uses are permitted. Mr, Henderson felt only persons were directly affected, and one of the two persons supports the appli Mr. Todd's property and therefore the slight encroachment of the building wool then be inconformity with the by-law. Secondly, if Council could allow Mr. T~ a reasonable period of time, six to eight weeks, he would knock down the sout~ portion of the wall encroaching and build a new wall along the boundary line. In this way, the building would be entirely on Mr. Todd's lands. Mr. B. Todd was granted permission to address Council on the motion of Alderman Dilts, seconded by Alderman Cummings. Mr. Todd stressed that the application was not for a wrecking yard, and he would not operate a wrecking yard in the future. Mr. Todd stated that he needed the business to support his family and carry on his livelihood. Mr. B. Willett, the adjacent resident, was granted permission to address Council on the motion of Alderman Fern, seconded by Alderman Cummings. Mr. Willett advised that he has lived next door to Mr. Todd for a year and has never heard any noise that has disturbed him. The property is kept very neat and Mr. Willerr stated that he has never seen wrecks in the yard. During the past several weeks, Mr. Willett advised that he was in ~r. Todd's garage and saw that his torches were stored behind other things and were not being used at all. With respect to the proposed fence, Mr. Willett felt that a nine ft. fence would give the impression that a wrecking yard was being operated and could be considered an eyesore. Mr. C. Beresh, solicitor for area residents, was granted permission to ~ address Council on the motion of Alderman Dilts, seconded by Alderman Ferao Mr. Beresh stated that in 1974, City Hall received over twenty-one complaints from locaI residents about storage and servicing of vehicles on the Todd property contrary to the zoning by-law. No action has ever been taken to enforce the by-law and prohibit the operation going on. Mr. Beresh indicated that at one time legal action was contemplated, however because of a misunder- standing by some residents, the action did uot take place. Since the Planning & Development Committee~s review of the application, Mr. Todd had experienced difficulty in proceeding with the application. Mr. Beresh stated that one issue was the cost and expense of reloc~ting the business to another area. Since processing of the application, Mr. Beresh indicated that Mr. Todd had spent money for surveying and legal expenses, and even further legal expenses would be involved if the application is dealt with by the Ontario Municipal Board. There would be the additional expense of erecting a new fence and knocking down the south wall of the existing building. Mr. Beresh etated that his concern was for the residents in the area, who wish to protect the investment they have made in their homes. Mr. and Mrs. Coules have lived in the area for a number of years, and are now contemplating moving because of what is developing and will continue to develop. Mrs. Allen had planned to build a home on the vacant lot adjacent to Mr. Todd, however if the application is approved, there is no possible way she will build there. Mr. Beresh distributed pictures taken from the backyards of the homes on Weaver Road. One of the pictures showed a pick-up truck being stripped of parts in Mr. Todd's yard last October. It was pointed out that Regional Planning staff have recommended against the application, the Ministry of the Environment has advised against passing of the application because it could lead to the creation of a derelict motor vehicle site, and the application does not conform with the ,City's Official Plan. Mr. Beresh felt if the application were approved, there was a strong possibility it could turn into a wrecking yard. Mr. Beresh stated that Council must make e decision on whether such a operation should be allowed to exist between established residences. It was advised that the area residents were not attempting to put Mr. Todd out of business, they simply objected to the storage of vehicles on the land. Mr. Beresh suggested that Mr. Todd relocate to an area with an industrial designation that would be more acceptable, such as an existing lot used for storage of cars elsewhere in Chippaws. Mr. F. Maraldo was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Fore. Mr. Maraldo stated that Mr. Todd was presently operating a service station, and he could see no reason why some type of arrangement for storage of vehicles could be worked out there rather than rezoning of the land. Mr. Maraldo felt there must be some way to accommodate the business without affecting a number of people. Mr. J. Coules was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Dilts. Mr. Coules asked what protection he would have if the land is rezoned and Mr. Todd sells the business to someone else. Mr. Coules stated that he had bought his home on Willoughby Drive and hoped to retire there, however if the adjacent property were rezoned, he felt he could not retire and live there in peace. Mr. Coules indicated that he felt the area was a good place to live, but if the rezoning were permitted, his property would devaluate by $10,000, .. il Mr. D. Mackenzie was granted permission to address Council on the motion of Alderman Cumanings, seconded by Alderman Wallman. Mr. Mackenzie stated tha~ this application could be considered the tip of the iceberg, since Willoughby will be the next area of the City to be developed. Applications for rezoning will be before Council for the next fifteen, twenty or fifty years until the City is fully developed. Mr. Mackenzie felt that even if an application for~ wrecking yard were approved, there were several within a mile or two being operated as economical and viable enterprises. In previous applications of spot rezonings, Mr. Mackenzie stated that in almost all cases, Council had dealt with them on the basis of self-sufficiency, and should follow that precedent in this case. Mr. Mackenzie suggested that in the future, the residents objecting to this and future applications would be the first people to sell out at a profit when high-price developers come in to the area. With respect to the complaint that properties would devaluate, Mr. Mackenzie statei that historically this is not the case, and in fact, the fact the Todd proper:i~ was being improved would make the other properties worth more. Mr. Mackenzie felt there would be objectors every time there was a rezoning in this area. With respect to derelict vehicles, Mr. Mackenzie stated that there are numeral! farms with derelict equipment that could be considered as much an eyesore. Alderman Wallman disagreed that only a few people would be affected by the rezoning, if approved. The Alderman felt everyone in Willoughby with run property would be affected because there are many more lots open for this typ~J of development. The Todd property had been violating the zoning by-law for years, and Alderman Wallman did not feel Council should rezone the property b~ it is easier to rezone than it is to enforce the by-law. With respect to the encroachment, Alderman Wallman expressed concern that there could be a ft. encroachment in Willoughby, and asked if a building permit had been issueit and if the building had been inspected. Alderman Schisler referred to the suggestion that Mr. Todd construct a m4 wall that would conform to the lot line, and felt that because of what this c] do to the building, Mr. Todd might as well look for another location. the b a c h h fact that Mr. Todd relies on the business to support his family. In response to a question raised by Alderman Fare, the City Solicitor explained that the Planning Department proposed to include in the by-law amendment, the uses which would be storage of cars, greasing and oiling of vehicles and operation of the towing business. Only those added uses plus uses permitted under the existing zoning would be permitted. Alderman Fera stated that his main concern was that Mr. Todd had been operating illegally for a number of years, and in effect, had made a fool of Council and the Plan~ and Development Committee. The Alderman did not, however, feel that Council should deny him the right to make a living, In response to a question raised by Mayor Thomson, the City Solicitor stated that a by-law could be prepared covering the lands that Mr. Todd owns.!' Alderman Rinsperger indicated that the building could be moved the proper distance from the lot line, and the by-law would fezone the Todd property rather than the encroachment. Alderman Puttick asked if a building permit was issued for the encrnachJ building, and if the building was inspected during construction. Mr. Hender~ advised that a building permit was obtained. His Worship, Mayor Thomson furl indicated that the inspectors would only inspect the building, not check lot lines, however it would be to the advantage of the owner to ensure his build] was within his lot line. Alderman Puttick did not feel that Mr. Todd's mak] a living should not enter into Council's discussion, since he had operated t| business knowing it was violating the zoning by-law. The Alderman felt this type of business should be considered the same as any industry, and operated a primarily industrial area. Alderman Puttick felt the area should be considered residential and pointed out that a great deal of money had been spent to provide schools, services, etc. in the hope that people would deve~c in that area. Following further discussion, it was moved by tlderman Hlnsperger, secon by Alderman Fera, that the application be approved, subject to proper setback] of the encroaching building. The motion was .Defeated with the following vote' AYE~ Aldermen Dilts, Fete, Hinsperger, Orr and Schisler. '.NAYHI Aldermen C~m~eings, MacBain, Puttick, Sobol, Wallman and Mayor Thomson. -9- RATIO OF EMPLOYEES TO POPULATION Report No. 455 - City Manager - The report provides information relating to the ratio of employees to population for all municipalities in the Region. Alderman Dilts commented that the report was excellent and provided a great deal of detail, however he was still concerned with the number of persons employed by the City compared to other municipalities. The Alderman agreed that Niagara Falls was providing services not provided by other municipalities, however he suggested that possibly Niagara Falls was supplying services that were not required in times of restraint. As an example, Alderman Dilts stated that for vehicle maintenance, Niagara Falls employs thirteen persons, while St. Catharines employes eight. Alderman Dilts suggested that the Finance Committee review the various areas of service with a view to making reductions, and possibly end up with a savings. Alderman Puttick suggested that the matter be referred to the 1980 budget discussions. The Alderman further connnented that the only area that can be cut is staff, since all City services are provided by employees. This would result in people being laid off, and Alderman Puttick was not in favour of massive lay-offs. The Alderman stated that the budget had been cut to Council's specifications this year, and that any changes should be considered during the next budget discussions. Unless there was a significant increase in assessment, the only way to reduce expenditures is to lay off staff. Alderman Dilts agreed that laying off people does not solve anything, since the taxpayer eventually pays the unemployment benefits these employees will receive. The Alderman suggested that Council review upcoming retirements, and possibly not replace certain positions where an employee has retired. As a further example, Alderman Dflts stated that the City's equipment section has twenty employees, and yet no other municipality has employees under that heading. Alderman Puttick commented that one would have to compare this cost to what other municipalities are paying outside garages to do this work. Alderman Sobol stated that if Council were to agree or disagree to lay off staff on the basis of the report, six months would have to be spent going around to the other municipalities in looking at the services they provide compared to what the others have. The Director of Municipal Works agreed that it is not sufficient to compare staff numbers, and that one must consider what those employees are doing in individual departments compared to what services are provided by other municipalities. As an example, it was advised that another municipality may employee one person for every 3/4 of a mile, while Niagara Falls employees one for every 1.21 miles. The Director of Municipal Works also explained that Niagara Falls performs work that other municipalities do not, and employees and equipment are required for such operations. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Hinsperger, that the report be received and filed, and referred to the 1980 budget discussions. The motion Carried with Alderman Dilts voting contrary, and all others voting in fayour. SAMRAY LIMITED AND TAX ARREARS Report No. 456 - City Manager - The report recommends that Council, pursuant to Section 636 (1) of The Municipal Act, strike off the tax roll the balance of the outstanding taxes for the years 1974 to 19~7 under Roll Nos. 1-7-169 and 1-6-29, and that the Treasurer be directed to strike these outstanding taxes off the roll. In response to a question raised by Alderman Schisler, the City Manager advised that the amounts to be written off will be split by the Region, the School Board and the City, with the City's share amounting to $40,500, His Worship, Mayor Thomson stated that it was unfortunate that the City had to accept this loss, and it would be difficult for the average taxpayer to understand this. ORDERED on the motion of Alderman Fera, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. FRUITBELT TRUCKING INC. Report No. 457 - Planning & Development Committee - The report recommends that Council approve the application of Fruitbelt Trucking Inc. to the ~|iagara Escarpment Commission, subject to a development agreement with the City. - 10 - T - 11 - The Director of Municipal Works provided additional information on servicing, in response to a question raised by Alderman Sobol. ORDERED on the motion of Alderman Fera, seconded by Alderman Wallman, that the report be received and adopted. The motion Carried with Alderman Patrick voting contrary, and all others voting in favour. NOTE: Alderman Hinsperger was absent when the vote was taken on this matter. It was moved by Alderman Fera, seconded by Alderman Cummings, that the second item under ~'Reports" be moved forward for consideration at this time. Carried Unanimously. Report No. 458 - Planning Director - Re: AM-12/77, Former Augurusa Subdivision, West Side of Portage Road, North of Harvey Street. The report recommends passage of the zoning amendment by-law concerning the subject subdivision. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. NOTE: Aldermen Dilts and Hinsperger were absent when the vote was taken on this item. It was moved by Alderman Puttick, seconded by Alderman Fera, that By-law No. 79-124 be moved forward for consideration at this time. Carried Unanimously. ORDERED on the motion of Alderman MacBain, seconded by Alderman Fera, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 79-124 - A By-law to amend By-law No. 2530, 1960 of the former Township Stamford, now in the City of Niagar_~aFalls, as amended. (AM-12/77, Former Augurusa Subdivision) Carried Unanimousl! ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the following by-la~ be now read a second and third time: No. 79-124 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-12/77, Former Augurusa Subdivision) ~ Carried Unanimous~ It was then moved by Alderman Sobol, seconded byAlderman Hinsperger, thai the third item under "Reports" be moved forward for consideration at this time. Carried Unanimously. I Report No. 459 - City Manager - Re: Conmittee of Adjustment Application A-45/7! William Sauder, 3230 Portage Road. The report requests the direction of Counc~ on whether or not an appeal should be made against the decision of the Conunitte of Adjustment iu approving the subject minor variance. Mr. W. Sauder was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman lIinsperger. Mr. Sauder stated that he trying to create a lot in order to build a single family residence for one of his sons. Mr. Sauder did not understand how the new 'lot could be considered landlocked when he owned both pieces of property. In response to a question raised by Alderman MacBain, Mr. Sauder stated that the only adverse cormeats made to his application were from an adjoining neighbout who was concerned the driveway changing to the fourplex. The Senior Planner stated that the City was not objecting to a variance which would allow a lot with lesser frontage than normal, but the fact the variance would result in the frontage of the fourplex being reduced to that of a single family lot. In effect, the fourplex then exceeds the 0fficial Pl~ density standards. In response to a question raised by Mayor Thomson, the Senior Planner stated that if Mr. Sauder retained ownership of the other lot, the new lot would not be considered landlocked, however it was hie understana~ they were owned by other family members. Mr. Sauder indicated that he owned both lots in question. The Senior Planner stated that the severance that would create the new lot, which would be inaccessible to be developed on its own, was the concern of staff. In response to a further question by Alderman MacBain, Mr. Sauder indicated that the fourplex was owned by his sons. Following further comment, it was moved by Alderman MacBain, seconded by Alderman Hinsperger, that the decision of the Committee of Adjustment on the subject application not be appealed. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Wallman, that the tenth item added under "Communications" be brought forward for consideration at this time. Carried Unanimously. Communication No. 179 - Mr. D. Piasecki and Others - Re: Noise Problem - Houdini Museum on Clifton Hill. The communication requests that the City take action to enforce the provisions of the Anti-Noise By-law (#7535, 1967) against the noise emanating from the Houdini Museum on Clifton Hill. Mr. D. Piasecki was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Wallman. Mr. Piasecki advised ~hat the signatures on the petition were taken directly from the location where the noise occurs, and it was not necessary for him to solicit names. In fact, Mr. Piaseckl stated that if he had further time, he would have been able to obtain thousands of signatures on the petition complaining about the noise. In referring to the noise problem, Mr. Piasecki stated that the noise was a considerable nuisance, and was in fact driving people away from the area. In response to a question raised by Alderman Fera, Mr. Piasecki stated that this is the second year this noise problem has existed, and although he had not verified it, he had heard there had been a complaint last year. Following further con~nent, it was moved by Alderman Cummings, seconded by Alderman Fera, that the matter be referred to staff for the preparation of a report. Carried Unanimously. UNFINISHED BUSINESS - Con't... BULK LIQUID HANDLING STATION - WOODINGTON SYSTEMS INC. Communication No. 180 - Woodington Systems Inc. - The communication requests approval of the construction of a closed tank system to replace the open ponds now in use for separation of a water soluble oil mixture received from local industries. Hie Worship, ~yor Thomson thanked Aldermen Dilts, MacBain and Wallman for visiting the site at Walker Bros. Quarries and discussing the proposal with Ministry of the Environment officials. ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that the Municipality not object to the proposal of Woodington Systems Inc. to construct a closed tank system to replace the system now in use. Carried Unanimously. COt~4UNICATIONS No. 181 - Bell Canada - Re: Provision of Additional Services in Clifton Hill/ Falls Avenue Area. The communication requests permission of the City to carry out certain work to provide additional servicing along Falls Avenue and Clifton Hill during the tourist season. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the request be approved, subject to notification and approval of the Regional Municipality of Niagara. Carried Unanimously. NOTE: Alderman Hinsperger declared a conflict of interest and abstained from voting on this matter. No. 182 - Chamber of Commerce - Re: Proposed Regional Headquarters. The communication expresses the continued support of the Chamber of Commerce for the Niagara Falls site fo= the proposed Regional Headquarters. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the communication be received and filed. Carried Unanimously. No. 183 - Niagara Falls Review - Re: Proposed Historical Anniversary Edition. The communication requests that the City participate in the Review's Historic~ Anniversary Edition. The City Clerk advised that the cost of a full page advertisement was $530, a half page advertisement $264 and a quarter page advertisement $132. It was moved by Alderman Puttick, seconded by Alderman C-mmings, that the City participate in the edition with a quarter page advertisement. The motion was Defeated with the following vote: AYE: Aldermen Cummings and Puttick. NAYE: Aldermen Dilts, Fera, Hinsperger, MacBain, Orr, Schisler, Sobol and Wallman. It was then moved by Alderman Hinsperger, seconded by Alderman Orr, thatl~ City participate in the edition with a half page advertisement. The motion Carried with the following vote: AYE: Aldermen Dilts, Fera, Hinsperger, MacBain, Orr, Schisler, Sobol and Wallman. NAYE: Aldermen Cummings and Puttick. No. 184 - Welland County Roman Catholic Separate School Board - Re: Mount Cam School Site. The communication requests the deletion of the approximate southern five acres of the site from the public notice of sale, that the valuat~ of the land remain confidential until after August 24, 1979, and that a definfi reply from the City on the purchase of the land be provided by August 30, 1979. ORDERED on the motion of Alderman Sobol, seconded by Alderman Minsperger, that the communication be referred to staff in order that the requests may be considered in conjunction with a report to be presented at the next Council meeting. Carried Unanimously. NOTE: Alderman Fera declared a conflict of interest and abstained from voting on this item. No. 185 - Township of West Carleton - Re: Reques"[ for Financial Assistance. The communication requests financial assistance as a result of severe d~m~ge sustained by residents due to the rising waters of the Ottawa River. ORDERED on the motion of Alderman MacBain, seconded by Alderman Hinsperger, th~ a the communication be received and filed. The motion Carried with the followi~ , vote: AYE: Aldermen Cu.nings, Dilts, Hinsperger, MacBain, Orr, Puttick and SchishI ~ NAY__E: Aldermen Fete, Sobol and Wallman. No. 186 - Mr. F.E. Benson - Re: Kitchener Street School Pupils Reunion. The communication requests a contribution from the City to offset the expense of making the reunion a part of the City's 75th anniversary celebration. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the communication be referred to the City's 75th Anniversary Conmittee. Carried Unanimously. No. 187 - Mr. V. Hamone - Re: Widening of Grey Avenue. The communicatio~ requests that Council consider widening Grey Avenue to properly facilitate two-way traffic. The Director of Municipal Works suggested that the residents submit a' sufficiently signed petition requesting the Municipality to do this work under the Local Improvement Program. Although Mr. Hamone has indicated that the residents on the west side were willing to relinquish a' portion of their propel to facilitate the widening, the Director of Municipal Works advised that a substantial part of these properties would be required, and it would be necess~ for the residents to deed this property to the Municipality. Alderman 8obol suggested that one possible solution would be to make the street one way, which would be a much less costly solution. The Director of Municipal Works agreed that this alternative could be practical since there are other north/south streets in the area. Following further discussion, it was moved by Alderman Sobol, seconded by Alderman Wallman, that a letter be directed to Mr. Hamone suggesting that the residents submit an appropriate petition under the Local Improvement Act, and asking if the residents would consider dedicating the necessary lands required to widen the road to the Municipality, and further that the residents consider the possibility of establishing Grey Avenue as a one way street. Carried Unanimously. - 13 - No. 188 - Mr. R. Jeanneret - Re: Use of Air Horns at Arenas. The communication requests that Council pass a by-law outlawing air horns from closed buildings such as the Niagara Falls Memorial Arena. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the communication be referred to staff for a report commenting on the possibility of imposing and enforcing regulations to prohibit the use of air horns in those arenas owned by the Municipality. Carried Unanimously. No. 189 - Niagara Resort & Tourist Association - Re: Directional Signing on Highway #401. The communication requests the assistance of Council along with Mr. V. Kerrio to obtain directional signing to Niagara Falls on Highway #401. ORDERED on the motion of Alderman MacBain, seconded by Alderman Wallman, that Council endorse the request of the N.R.T.A. and authorize the Mayor to meet with the Minister of Transportation & Communications along with Mr. V. Kerrio and representatives of the N.R.T.A. Carried Unanimously. NOTE: Alderman Sobol declared a conflict of interest and abstained from voting on this matter. REPORTS No. 460 - City Manager - Re: Annual Report of the City Manager. provides information on the 1978 civic operations of the City. The report Alderman Sobol suggested that the report comment on problem areas for the City in future years, such as vandlaism, social problems, etc. in order to provide a complete picture of the City's operations. ORDERED on the motion of Alderman MaCBain, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 461 - City Manager - Re: Closing of Winnifred Street and Sale to Beryl Porthast. The report recommends passage of a by-law to authorize an agreement for the sale of Winnifred Street to Mr. & Mrs. Porthast and with Mr. & ~s. Brown releasing any interest they may have in any part of the roadway. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See By-laws 79-122 and 79-123 No. 462 - City ~nager - Re: Reserve and Reserve Funds. The report provides a listing of all reserves and reserve funds held by the City. ORDERED on the motion of .alderman Fera, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 463 - City Manager - Re: 1978 Financial Statements. The report provides information on the 1978 financial statements for the City, along with the unqualified report of the municipal auditor, Crawford, Smith & Swallow. ORDERED on the motion of Alderman Cvmm~ngs, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 464 - City Manager - Re: Six Month Statement of Revenue and Expenditure. The report provides information on the six month statement of revenue and expenditure for tax supported services, water supply system and the parking operation for the period ended June 30, 1979. His Worship, thyor Thomson provided additional information in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman C,,mmtngs, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 465 - City bhnager - Re: Closing of Portions of Queen street, ontario Avenue, Crysler Avenue and Buckley Avenue to Vehicular Traffic on August 25th. The report recommends passage of a by-law to provide for the temporary closings of the subject streets in order to permit the holding of a "Fall Fest" by the Downtown Board of Management. ORDERED on the motion of Alderman gchisler, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law No. 79-125 No. 466 - City l. hnager - Re: 49th Annual Conference of the Ontario Plumbing Inspectors Association. The report recommends the attendance of the Senior Plumbing Inspector at the subject conference to be held in Niagara Falls from September 16 - 19, 1979. ORDERED on the motion of Alderman Sobol, seconded by Alderman Orr, that the .Z - 14 - report be received and adopted, and further that the Senior Plumbing Inspecto! be commended for his efforts in having the Annual Conference held in Niagara Falls. Carried Unanimously. No. 467 - Mayor Wayne Thomson - Re: Warning System for Toxic Spills. The report requests authority of Council for theMayor to contact representatives of Niagara Falls, New York in order to establish a reciprocal warning system in the event of toxic spills. ORDERED on the motion ofAlderman Fera, seconded by Alderman MacBain, that report be received and adopted. Carried Unanimously. No. 468 - City Manager - Re: Site Plan Approval, Minor Variance Application A- Your Host Motor Inn Limited. The report recommends approval of the subject plan as submitted. ORDERED on the motion of Alderman Schisler, seconded by Aldermau Fera, that t~ report be received and adopted. Carried Unanimously. No. 469 - City Manager - Re: Sidewalk Construction - Seventy-Day Adventist Ch~ on Belmont Avenue. The report recommends that the money deposited in 1965 by the Seventh-Day Adventlet Church for sidewalks in the amount of $238.70 be rebated, subject to a satisfactory release by the Church. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 470 - City Manager - Re: Contract R.C. 9-79, Finished Road Construction in Mount Forest Subdivision and Service Lateral Construction in Mount Forest Marb and Sunnyside Subdivision. The report recommends acceptance of the unit pric. submitted by D.L. Stephens Contracting Niagara Limited for the subject contraD and passage of a by-law to authorize an agreement with Sunnylea Construction providing for that firm to indemnify and save the City harmless in the event their proposed subdivision is either not registered or changed. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. See Resolution N0, See By-law No. 79~ and 79-128 No. 471 - City Manager - Re: Contract R.C. 10-79, Finished Road Construction Solar Subdivision. The report recommends acceptance of the unit prices submtt~ by D.L. Stephens Contracting Niagara Limited for the subject contract. ORDERED on the motion of Alderman Fera, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. ~ See Resolution N0.~ See By-law No. It was moved by Alderman Fern, seconded by Alderman Schisler, that the meeting continue on past ll:00 P.M. as provided in the Procedural By-law. Carried Unanimously. No. 472 - City Manager - Re: 1979 Roads and Transportation Association of Canada Annual Conference. The report recommends the attendance of one member of the Municipal Works Section and one member of Council at the subject conference to be held in Regina, Saskatchewan, from September 17 - 21, 1979. Alderman NatBath indicated that he would be participating in a panel discussion at the conference and had not intended that' the City would be responsible for the cost. Mayor Thomson stated that the report was recommendi the attendance of a member of Council and staff~ and he felt it only fair that Alderman MacBalu's expenses in attending the conference be paid by the City. The Mayor also pointed out that six members of Regional Council were attending the same conference. Alderman Puttick felt that since the area municipalities participate in co-operative tenders, he could see no reason why engineering knowledge gained at a conference could not be shared as well. The Alderman felt that only Alderman MacBain should be permitted to attend, and that those persons from the Region attending the conference share the technical knowledge gained with the area municipalities. - 15 - and that was why he had recommended that one member of staff be permitted to attend the conference. Following further comment, it was moved by Alderman Sobol, seconded by Alderman Wallman, that the report be received and adopted and that Alderman MacBain be authorized to attend the subject conference. The report Carried with Alderman Puttick voting contrary, Alderman MacBain abstaining, and all others voting in favour. No. 473 - Finance Committee - Re: Walnut Street Fire Hall. The report recommends approval of a request to lease the former Walnut Street Fire Hall for $1.00 per year to the Niagara Falls Music Theatre Society subject to the following conditions: 1) That a new lease be prepared providing that the Niagara Falls Music Theatre Society will undertake to invest $1,000 per year in capital improvements to the building; 2) That all improvements to be undertaken by the Society be approved by the City; and 3) That a new lease be for a maximum term of five years. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 474 - City Manager - Re: Advertising - Niagara Shopping News. The report recommends that the Municipality continue its policy of placing certain advertising in the Niagara Shopping News and further that the Municipality enter into a volume agreement with the Niagara Falls Review for 50,000 agate lines per year. The report further recommended that a subsequent report be prepared at the end of the contract year outlining the savings which arise as a result of the contract arrangement. ORDERED on the motion of Alderman MacBain, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 475 - Finance Committee - Re: Tile Drainage. The report recommends that the City pass a by-law in the prescribed form authorizing 'the Municipality,to borrow up to $100,000 for the purposes of making loans available under the Tile Drainage Act. ORDERED on the motion of Alderman MacBain, seconded by Alderman Schisler, that the report be received and adopted. The motion Carried with Alderman Wallman abstaining on a conflict of interest, and all others voting in favour. See By-law No. 79-129 No. 476 - City Manager - Re: Rental of Regional Property. The report recommends that the City notify the Region that it has no objection to property bounded by Allen Avenue, Robinson Street, Stanley Avenue and Murray Street being leased on a short term basis. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and adopted. The motion Carried with Alderman MacBain abstaining on a conflict of interes~ and all others voting in fayour. No. 477 - City Manager - Re: Lot 2, Falls Industrial Park. The report recommends =approval of a request for an extension to reserve Lot 2 in the Falls Industrial Park Extension by Mr. Ken Willjams to November 16, 1979. ORDERED on the motion of Alderman Fera, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 478 - City Manager - Re: Sale of Lot 30, Falls Industrial Park. The report recommends passage of a by-law to permit the transfer of the title of Lot 30 in the Falls Industrial Park from International Macaroni Limited to Mr. David W. Jacobs in trust, subject to Mr. Jacobs agreeing to accept all of the City's requirements as set out in the original deed and to complete before the 31st day of August, 1980, certain items required by .the original conveyance which to date remain unfinished. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-law No. 79-130 No. 479 - City Manager - Re: Encroachment - 4668 St. Clair Avenue. The report recommends that the application of C.J.R.N. 710 Inc. to permit the continuation of an encroachment of a building on St. Clair Avenue and Queen Street, and passage of a by-law respecting the subject encroachment. ORDERED on the motion of Alderman Macgain, seconded by Alderman Dllts, that the report be received and adopted. Carried Unanimously. See By-law No. 79-!31 No. 480 - City Manager - Rex Parking at the Library. The report recommends that In response to a question raised by Mayor Thomson, the City'Manager edvis that this was a major conference covering ell aspects of roads and transpo~~ - 16 - the Region be requested to amend their parking by-law to allow six more vehicles to park on Victoria Avenue adjacent to the library and that the City's by-law be amended to allow for two more parking spaces on Morrison Street. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 481 - City Manager - Re: Parking on Bender Hill. The report recommends preparation of a by-law to prohibit parking at all times from both sides of Bender Hill from Ontario Avenue westerly and from the southerly side to allow 25' of clearance on both driveways to the Empress Motel. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 482 - City Manager - Re: Stamford Arena Ice Surface. The report recommend! that the firm of W. Benson and Son Limited be retained as the contractor for replacement of the existing brine piping and related works at the Stamford Are at a cost of $70,423.00. ORDERED on the motion of Alderman MacBain, seconded by Alderman Hinsperger, t~ the report be received and adopted.- Carried Unanimously. See Resolution N0,~ No. 483 - City Manager - Re: Repair to Stamford - Jack Bell Compressor. The report recommends that the City Manager be authorized to take the necessary steps to have the compressor at the Stamford-Jack Bell Arenas repaired by the firms of Denmax Industrial Maintenance and Installations at a cost of $2,200, Con Rod Specialty ate Cost-of $750 and Clark Engineering at a cost of $1,500, The Projects & Services Engineer advised that both the alternatives of repair and replacing the equipment were discussed at length. The most inexpensive alternative was repair of the equipment at a cost of $4,450 and replacement would cost approximately $15,000. Replacement of the equipment would involve removal of the existing concrete base, pouring of a new reinforc~ concrete base to hold the new compressor, and r~val of the existing compress~, The Projects & Services Engineer indicated that the new types of compressors are a high speed type of equipment with four or six cylinders which are very small. The initial cost on the small high speed equipment is quite a bit lower than the previous equipment purchased, however the life of the equipment is considerably less than the type of equipment in place at the present time. The life of the existing is approximately twenty-nine years, while the new equipment has a life of seven and a half years before the City would have to spend money on annual maintenance. The Projects & Services Engineer stated that he had spoken to various firms around the~Province, and it was the opinie: of experienced contractors that repair of the equipment was the most advantage~ step to take. It was felt that the repairs would be good for three years, tha~ it would be easier to find $4,450 in the budget than $15,000, and the repairs would ensure compatibility with other existing equipment. In reply to a question raised by Alderman C-mm~ngs, the Projects & Services Engineer stated that the existing equipment was fully torn down in the spring of each year. The breakdown was suspected to have been caused by a sludge block in the.oil lines, and part of the repair was ensuring the oil lines are open. The Projec~ and Services Engineer assured Council that the breakdown was not caused by lad of maintenance. His Worship, Mayor Thomson stated that he had spoken to some of the Arena personnel, and they had not been initially convinced that repairs were the correct action to be taken. 'The Projects & Services Engineer advised that certain Arena personnel had been concerned originally, however after obtaini.~ further engineering opinions from experts in this field, these employees had favoured the repairs. ' Following further comment, it was moved by Alderman Pattick, seconded by Alderman Sobel, that the report be received and adopted. "Carried UnanimousIx. See Resolution 'No. 484 - City Clerk - Re| Consent Items. 1) HMC Travel Limited - Re~ Permission for Fireworks Display. Recon~endation - That permission be 8ranted subject to similar approvals obtained from the Fire Department and Regional Police. 2) Niagara Peninsula Conservation Authority - Rez Authority and Council Tour, September 8, 1979. Recommendation - That as many members of Council as possible attend the 3) Dorchester Manor Auxiliary - Rez Family Day Picnic. Recommendation - That as many members of Council as possible ~ttend the - 17 - 4) City of St. Catharines - Re: 150th Anniversary of the First Welland Canal Celebrations. Recommendation - That as many members of Council as possible participate in the festivities planned. 5) Niagara Falls Hornets Hockey Club - Re: End of Summer Festival and Annual Tournament. Recommendation - It is recommended that permission be granted to serve beer and alcoholic beverages at the above events, subject to similar approvals being received from the Fire Department, Regional Police, Health Unit and L.L.B.O. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 485 - City Manager - Re: Building Permits. The report provides a breakdown of the permits processed by the Building & Development Department during the month of July, 1979, as compared to 1978. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the report be received and filed. Carried Unanimously. No. 486 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the ~ report be received and adopted. The motion Carried with Alderman Puttick abstaining on a conflict of interest on Cheques #52 and #188, and all others voting in favour. No. 487 - City Manager - Re: Falls Industrial Park Extension. The report recommends the sale of Lot 1, Plan M-67 to Niagara Fasteners Inc. at a price of $29,140, and passage of a by-law to authorize the transaction. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously., See By-law No.179-132A RESOLUTIONS No. 72 - SCHISLER - FERA - RESOLVED that the unit prices submitted by D.L. Stephens Contracting Niagara Limited for the construction of roads in the Mount Forest Subdivision and service lateral construction in Mount Forest Mark III Subdivision and the Sunnyside Subdivision, be accepted at the tendered price of $382,796.47; A~ND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 73 - FERA - WALLM~ - RESOLVED that the unit prices submitted by D.L. Stephens Contracting Niagara Limited for the construction of finished roads in the Solar Subdivision, be accepted at the tendered price of $182,426.50; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 74'- MACBAIN - HINSPERGER - RESOLVED that the quotation submitted by W. Benson & Son Limited for the replacement of existing brine piping and related works at the Stamford Arena, be accepted at the quoted price of $70,423.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 75 - PUTTICK - SOBeL - RESOLVED that the quotations submitted by Demax Industrial Maintenance & Installations in the amount of $2,200, by Con Rod Specialty in the amount of $750 and by Clark Engineering in the amount of $1,500 for repairs to the Stamford/Jack Bell compressor, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 76 - FERA - SOBeL - RESOLVED that pursuant to subsection 4 of section 86 of The Registry Act R.S.O. 1970, Chapter 409 as amended, the Minister of Housing be requested to consent to an order being made amending the plan of subdivision registered in the Registry Office for the Registry Division of the County of Welland, now Niagara South on the 30th day of March, 1949 as Plan No. 89 for the former Township of Stamford by permanently closing Winnifred Street as shown on the said plan; AND the Seal of the Corporation be hereto affixed. parried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that leave - 1S - be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-122 - A By-law to authorize an application for the closing of Winnifre. Street on Registered Plan No. 89 for the former Township of Staq No. 79-123 - A By-law to authorize an agreement with Heribert Porthast and Porthast and Michael David Brown and Patricia Louise Brown resp~ the sale of Winnifred Street. No. 79-124 - SEE PAGE 10 No. 79-125 - A By-law to close portions of Queen Street, Ontario Avenue, Cry[ Avenue and Buckley Avenue to vehicular traffic on a temporary b~. No. 79-126 - A By-law to authorize the execution of an agreement with D.L. St~ Contracting Niagara Limited for the construction of roads and ground services. No. 79-127 - A By-law to authorize the execution of an agreement with D.L. Contracting Niagara Limited for the construction of roads. No. 79-128 - A By-law to authorize art agreement with Sunnylea Construction No. 79-129 - A By-law to raise $100,000.00 to aid in the construction of dra~4{ works under The Tile Drainage Act, 1971. (TWO READINGS ONLY) No. 79-130 - A By-law respecting Lot No. 30 in the Falls Industrial Park. (Ti~ to David W. Jacobs in Trust) No. 79-131 - A By-law to allow the maintaining and using of a building which encroaches on Queen Street and St. Clair Avenue. No. 79-132 - A By-law to provide monies for gen_~Eeral purposes. No. 79-132A- A By-law to authorize the sale of land in the Falls Industrial Extension. (Lot 1 to Niagara Fasteners Inc.) Carried with Alden Puttick abstainin~ 7', ' 9 ' I all others voting favour. ORDERED on the motion of Alderman Fera, seconded by Alderman Dtlts, that the following by-law be now read a second time: No. 79-129 - A By-law to raise $100,000.00 to aid in the construction of drai~ . works under The Tile Drainage Act, 1971. Carried Unanimousl ORDERED on the motion of Alderman Fera, seconded by Alderman Binsperger, that following by-laws be now read a second and third time: No. 79-122 - A By-law to authorize an application for the closing of Winnifred Street on Registered Plan No. 89 for the former Township of Stam~ No. 79-123 - A By-law to authorize an agreement with Heribert Porthast and Porthast and Michael David Brown and Patricia Louise Brown respec the sale of Winnifred Street. ~o. 79-124 - SEE PAGE TEN No. 79-125 - A By-law to close portions of Queen Street, Ontario Avenue, Crysl Avenue and Buckley Avenue to vehicular traffic on a temporary b3s No. 79-126 - A By-law to authorize the execution of an agreement with D.L. Ste] Contracting Niagara Limited for the construction of roads and underground services. No. 79-127 - A By-law to authorize the execution of an agreement with D.L. Contracting Niagara Limited for the construction of roads. - 19 - No. 79-128 - A By-law to authorize an agreement with Sunnylea Construction Limited. No. 79-130 - A By-law respecting Lot No. 30 in the Falls Industrial Park. (Transfer to David W. Jacobs in Trust) No. 79-131 - A By-law to allow the maintaining and using of a building which encroaches on Queen Street and St. Clair Avenue. No. 79-132 - A By-law to provide monies for general purposes. No. 79-132A -A By-law to authorize the sale of land in the Falls Industrial Park Extension. (Lot 1 to Niagara Fasteners Inc.) Carried with Alderman Puttick abstaining on Cheques #52 and #188 of By-law 79-132, and all others voting in favour. NEW BUSINESS CITY COUNCIL GOLF TOURNAMENT Alderman Dilts advised members of Council of a golf tournament to be arranged this year and continuing on an annual basis. The Alderman asked that those members of Council interested in participating in the tournament speak to him prior to the next meeting of Council, so that arrangements can be made to purchase a suitable trophy that would be kept in the City's trophy case on a permanent basis. COMPLAINT - TREE ON RIVER ROAD Alderman Sobol referred to a complaint she had received concerning a tree in front of the Crystal Restaurant on River Road that was on City property and in an unsafe condition. The Alderman requested the Director of Municipal Works to check into the matter, with a view to having the tree cut down. It was moved by Alderman Fera, seconded by Alderman Dilts, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ,fGi. cou, sos; MAYOR WAYNE THOMSON TWENTY-FI~TH MEETING COMMITTEE OF THE WHOLE Committee Room ~1 August 27, 1979. Council mat on Monday, August 27, 1979 at 6:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Chessman. Alderman Cunnfn~s presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ ANDADOPTED, FAYOR WAYNE THOMSON Council Chambers August 27, 1979. Council met on Monday, August 27, 1979 at 7:30 p.m. for the purpose of considering ~eneral business. All members of Council were present with the exception of Alderman Chessman. His Worship, Mayor Thomson presided as Chairman. Alderman Dilts offered the openin~ prayer. ~ DEPUTATIONS GIKE INCORPORATED Mr. Paul Taylor, representing Gike Incorporated, was granted permission to address Council on the marion of Alderman Hinsperger, seconded by Alderman Sobol. Mr. Taylor posted a sketch of the area and pointed out the location of the property in question, and indicated that the basic request to Council is that permission be granted to the developer to build on six particular lots, based on the fact that the City has been provided with an Irrevocable Letter of Credit to cover the sanitary lateral and water lateral servicing for the six lots. Mr. Taylor reviewed the background on this application and noted that although a similar exemption was rejected approximately one year ago, in his opinion the situation had changed and that in terms of the actual increase in drainage involved it is extremely negligible. The Director of Municipal Works was asked for an opinion on this matter and siaaed that with 'regard to the servicin8 aspect, a contract for the servicing of this par- ticular area has recently been signed and it is an opportune time for the servicing of the six lots to be completed. Mr. Rodman referred to the appli- cation made last year and indicated that he had stated at that time that there might be further requests from other developers. Mr. Rodman also pointed out that he felt it would only be fair to have Mr. Grandoni have some say in the matter, however Mr. Grandoni was not in attendance at this meetin~ to speak for himself. Mr. Rodman stated that he was not in a position to make a firm re- commendation on this matter and reminded Council that at the time of the Ascot Woods Extension discussions and the proposal by Damas & Smith, he had not been in a position to make a recommendation. Mr. Taylor reiterated that basically he was requestin~ permission to draw up a subdivision agreement with the City to register the six lots on title so that buildin~ permits could be issued god the developer could proceed with the construction of the dwellinSs. Alderman Sobol inquired about implementation of Shriner's Creek proposals and how this would affect Hr. Taylor's elient's plans. Hr. Lustig, Deputy City Solicitor, replied that the first steps in expropriation proceedings have been taken and that the parties involved have an opportunity to take part in discussions and express their opposition, ff necessary. It was pointed out that the Regional Municipality o~ Niagara and the Ninistry o~ Housing would have to be petitioned to have the necessary, ehax~es made to provisions in the aSreement, before the City could proceed, ...,,,.2 -2 - A brief discussion followed on the merits of dealing with this application in two stages as the the developers' plans caR1 for six dwellings in the first '(rpresent stage, to be followed by the erection of townhouses to the rear of t~ six lots, at some future date. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that Council approve the request r~cetved from the Solicitor for Gike Incorporated that the Minister's condition of draft plan approval for the Sunnyside subdivisi mendations outlined in Alternative No. 8 of the Shriner's Creek Study, staff he instructed to prepare conditions acceptable to the City and the sub- divider relative to staging-of the development of the subdivision. The motion ~arried with ~he followtn~ vote: AYE: Aldermen Cummings, Dilts, Fern, Ninsperger, MacBain, Merrett, Orr, Puttff ,NAYE: Aldermen Schisler, Sobol, Wallman. ROMAGNANO. - WILLOUGhBy DRIVE -3- UNFINISHED BUSINESS continued - -Report No. 490 - ROMAGNANO - WILLOUGHBY DRIVE AT MORNINGSTAR ROAD - A report from the City Manager provides further information with respect to an application by Mr. Romagnano for a bufldin~ permit on property located on the south-west corner of Morningstar Road and Willoughby Drive. Alderman Schisler inquired as to - whether this property is a separate lot or if Mr. Romagnano is attempting to obtain a severance. He was assured that this is a separate lot. Alderman Sobol requested information as to the legal description of a "public street". -ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report, being an information report, be received and filed. The motion ~arried, with Alderman MacBain declarin~ a conflict of interest and abstaining from the vote, and all others voting in favour. Report-No. 491 AM-11/79, G. & A. Romeo"Construction Ltd., River Road between John and Philip Streets -~Proposed Motel Complex At the Council meeting held on June 25, 1979, Council granted approval to 'the above noted zoning amendment application, which necessitated the pre- 'paration of an Official Plan amendment and an amending by-law, which have On the motion of Alderman MacBain, seconded by Alderman Merrett, Mr. 3. L, ! no~ been placed on tonight's aganda for Council's consideration. Micoletti, Solicitor for Mr. Romagnaup,was granted permission to address CouncL i ORDERED on the marion of Alderman Fern, seconded by Alderman Merrett, that the re oft be received and filed and the matter dealt with under B laws unanimously ~ - Y- · See B t e v s s s c ' Conmmnication No. IS0 - I See By-law No. ~ · required by Mr. Romeguano. Me advised Council that the access is scheduled to '~ ' ' " ' ' y-laW No..29 - 138 PETITION OF RESIDENTS OF GREY AVENUE REQUESTING TFAT THIS STREET NOT BE WIDENED ibe closed by the Department of Highways on September let 1979 and Mr. Romagn~ MayorThomson advised that he4~ad been-informed that a second petition is coming ihas indicated that he is prepared to co-operate in anywayand.'to share the cos ..... -. involved in constructing the driveway. Because of the impending closing by t 'in which is contrary to the petition being considered at this meeting, and suggested the'Department of Mightaye, Mr. RomegUano is anxious to determine what nssista~ that this matter be referred to staff and e meeting arranged with the residents if any, Council can grant. Mr. Nicoletti expressed the opinion that 'further ~ who have signed both ~etitions, so that a decision.can be reached as to what discussions should be held with the City and the Department of HighWays to -action must be taken with -respect to the widening of Grey Street. Alderman - ascertain what is the best method of dealing with this situation. Mayor Tho~ Puttick inquired as. to what could be done regarding the garbage problem at ' noted that several extensions in time have been granted so that Mr; Romeguano ! - .Niagara Farms Market and was assured that this problem is being taken c~re of. could provide proper access to the property, but there is some reluctance on the part of the Municipality,'inasmuch as a total"of approximately $60,000 wouI be required to provide access to one single piece of property. His Worship suggested that the Department of Highways be asked to grant another extension and. an attempt be made to find a solution before the winter weather commences. It appears that when he 'was granted a permit'~o build his house, he signed a statement that ]~e recognized the fact that he did not have yearnround access to the property and that he might be faced with certain problems. Alderman Fera inquired as to what would happen in the event that there was a fire on the property in question. The Deputy Solicitor~ repl{ed that the Fire Depart- ment could not be held liable if they could not reach the house. ~ ORDERED on th~ metion of Alderman Dilts, seconded by Aldermen Fera,' that the 'Ministry of TranSportation and Cowaunications be petitionad to extend the · closing d~ta fo~ this partiCaiar roadway and tha~ staff be asked to meet with Nr, Romegnano and his So%icitor to discuss the matter further and attempt to ~ reach a final solution, The ~otion Carried with the following votei laermen cu ings, nnte, era., Hinspar et, wau n, Merrett, Orr, Schi I. · NAYE: Alderman Puttick '^' Aldermen MacBain declared a conflict of interest and refrained from vOti~ ........ UNFINISHED BUSINESS .... LIMITED - Submittir~ account dated August 9th, 1979 from Messrs. Weir & Foulds-for legal services to that date in acting ~for.the City with respect Samray Limited - amount $11,416.46. ORDERED on the motion of Alderman MacBain, seconded by Alderman Fern, that ment of the account be approved by Council, -' ~" ' Carried unanimously, Re ~rt No, 489 - ' . .. "CONSUMERS' CAS COMPANY (PROVINeIAL GAS) FRANCHISE ACREEMENT- Further to actio:~ 'by Council at its meeting of July 23, 1979, the 'forms1 Order of the Ontario Board has now been received and it will now be in order for the 'Counnil to by-law on to-niSht's agenda which authorizes the execution of the franchise ~,~rin the form approved by the Ontario Energy Board, ORDERED on the metion of Alderman Sobol, seconded by Alderman Cummings, that report be received and filed hnd the relevant by-law be given three Carried unanimously, See By-law No, 79 - 1~8.. DRDERED on the motion of Alderman Sobol, seconded by Alderman Dilts,' that the petition be received and filed and the suggestion of Mayor Thomson be implemented by staff, Carried unanimously. .~ommunication No. 191 - LETTER FaOMCANADIANNAT-IONAL RAILWAYS RE: DELAYS AT 'LEVEL CROSSINGS WITHIN THE CITY · ORDERED on-the motion of Alderman Fern, seconded by Alderman Schisler, that inasmuch as the-complaints re delays originated with the Transit Commission, the letter ..should be referred to the Transit Commission for their comments, Carried unanimously, Communication No. 192 - .. ' LE'rI'ER FROM OFFICE OF MINISTER OF EMPLOYMENT AND IMMIGRATION The letter provides information from the Miniatrywith respect to an inquiry sent on behalf of the Municipality by the Deputy City Clerkwith respect to concern expressed by Members of Council over the lack of labour to pick fruit on local farms whi-le, at the came time, the area is.faced with high unemployment, .~he Ministry gives assurance that a fundamental review of the Unemployment Insurance Act is being planned, which, it is anticipated, will improve Unemployment Insurance legislation, ORDERED on the motion o~ Alderman Merrett, seconded by Alderman Fera,'that the . - latter be received and filed. Carried unanimeusly. · ..... "Communication No. i93 - ,. LW'~x'E~'FROM OFFICE OF MINISTRYOF THE ENVIRONMENT re: BILL 24 - An Act to amend -~The Environmental Protection Ant. ' The letter ackn~ledges-this Municipalit~'s,'endorsation of :Bill 24 - AnAct to amend, The Bnvironn~htal Protection Act. ORDERED on the marion of Alderman Schisler, seconded by Alderman Fera, that the ~ .letter be received and filed. Carried uusnimeusly. ~'.:., o ...... . ~ " COI~4UNICATIONS No;-- 19~ United Steelworkers .of America, Locals 4151 and 5953 - re: CloSing of Cotfield Road. The City Clark reported that a meeting is scheduled for September 10th, 1979, to discuss fully the closing and relocation of Corfield Road, and sug- gested that the matter be considered at that time. ORDERED. on ~he. motion of Alderman Fera, seconded by Alderman Hinspargar, that the communication be received and referred to staff for consideration at the meeting scheduled for September 10th, 19~9. Carried unanimously. No. 19~ Residents of Property on Lalamant Road - ~roposed walkway through to Pheasant l~na. The co"~"unication is si~nnd by several residents of Lalemant Roadwho object to the construction of a public walkray through to Pheasant Lane. , - 5 - ~. ORDERED on the motion of Alderman Marrett, seconded by Alderman Dilts, that the matter be referred to staff for a complete report, following discussions with ! REPORTS [i the Fire Chief and the Planniu~ Department respectin~ the costs of maintaining r such walkways. Carried unanimously. No.492 -Planaing & Development Committee - Re: AM-10/79 and Official Plan Amendment No. 105, Canadian Hungarian Sport and Cultural Centre, South-west corner Bigger Road and Montrose Road. The report recommends that Council No. 196 Mrs. Jane Christensen and Mr. Donald Christensen - re: Bush clean-up approve the rezoning and further, that Council certify by resolution that on adJoinin~ lot to 4402 Lyons Creek Road and information re: sewer installati0n ' the application will conform to Official Plan Amendment No. 28 of the Niagara schedule. Falls Plannin~ Area after an amendment has been approved by the Minister of ORDERED on the motion of Alderman Fera, seconded by Aldermen Oumm~n~s, that the~ Housing. Council also considered a letter received from The Kossuth Sick Bene- ! communications be referred to staff for a report on both matters. Carried unani fit Society, Branch 2, of Niagara Falls, a Hungarian Group, in which they advise they were not associated with the applicant for the rezoning application and also indicated they were not opposed to the proposed development. No.-197 City of London - Resolution re: lqelfare Into Action Project. The ORDERED on the motion of Alderman Fete, seconded by Alderman Merrett, that the communication solicits the support of this Municipality by endorsatton of a pilot report be received and adopted and that the letter from The Kossuth Sick Benefit project which the City of London is proposing to sponsor. Alderman Puttick notd Society, Branch 2s Niagara Falls, be received and filed. Carried unanimously. that, in his opinion~ the comments of the Personnel Offlce=rSheuld be !obtained ' .before. Council lends its support to this project. :O~DERED on the metion Of Alderman HacBain, seconded by Alderman Merrett, that the See By-law No. 79~133 resolution of the City of London be endorsed by this Municipality. The motion and By-law No. 79-134 : Carried, with Alderman Puttick opposed and all others votin~ in favour. See Resolution No. 78 No.493 - Planning Director - Re: AM-12/79 Gike Inc., proposed Sunnyside Sub- division. The report recommends that Council approve of the application subject to ?' No.. "198 St. Catharines Cam~ineers - re: Request for ~Special Occasion Development Control and that Council certify, by resolution, that the appiication Peruair' in connection with their annual Grape Festival Camp-out at Niagara Mead~ conforms to Official Plan Amendment No. 28 of the Niagara Falls Planntn~ Area, as Campground on the weekend of September 28, 29 and 30th. ' amended and approved by the Minister of Housing. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Dilts, that the ORDERED on the motion of Alderman Cummin~s, seconded by Alderman Fete, that the ' ,t~equested 'sanctiOn be 'granted. ' '' ' ...... 13artled unanimeusly. ~eport be received and adopted. ' Carried unanimously. "NO.' 199 Nta~ra Gemff-CeUadian Club - 're: Request for "SpeCial Occasion See By-law No. 79-135 Permit" in ~OTmectton ~ith 'tlfeir OktoberfeSt "festivities to be held on Saturday, . ~ Octo'oer 6, 1979, at the Clubss premises on Garner 'Road. , See Resolution No. 79 'OPa)~REI) on the m~tio~ 0fAlclerman Merrett, leconded by Aldez~mn Dilts, that the ' "reques[ed sanctioh be granted.- -~ ~ ~ . , ~ Carried unanimously. No. 494 - City Manager - Re: AM-26/78, M. Atello, Pt. Lot 15, R.P. 62, south- ~'] ~"~ west corner of Montrose Road and Mulhern Street. The report advises Council that Mr. Atello has indicated that he now wishes to proceed with this appli- No. ~00 Y.W.C.A. - Re: Bequest for "Special Occasion Permit" and closing ' cation and that the amondin~ By-law is on tonight~s agenda for Counctl~s con- " "of part of Culp Street, in connection with a Street dance they are planning for . sideration. On the motion of Alderman Merrett, seconded by Alderman Cummin~s, .... Erida3~, "September 14th, 1979, 'gilbert ~)f th~ ~ity~s 75th Anniversary Celehhati0~ ,:~ .- Mr. I~. McLeod was granted permission to address Council. Mr. McLeod stated , ' ~ "'I)RDERED on 'the motioff of Alderman'Sobol, SeConded' b~ Alderman Schisl~r, ~hat the ~ that he had taken steps to determine if certain residents of the neighbourhood rgquested eanctioh be ~ranted. ~ ' ..... ~ -' ~ ' Carried unenimousl%~. ; ' were in aCresmant wftli his objections to the rezonfng, and had found that many : , . · '-' ' , were of the same opinion and felt that there was no need for another store at this particular location. On the motion of Alderman Cummings, seconded by Alder- · No.-~01 ,.z'h "Jake Frosee, M.P. ReJ Con~ratuletions on ~he Occasion'of' the City~s man Marterr, Mr. ~loe Lumker, another nei~hboring resident, was given permission '75th' Anniversery. "' ~ '" ~o address Council. Me stated that he had Just bought a small store close to -, ~ ORDERED on the motion of Aldersen Merrett, seconded bT Alderman Fe~, that the · . the Aiello property~ unaware at the time of purchase that another store was ~ eom~unication be reoeived and -filed. ? ' - ~ ' .~ "Cerried unanimously~ plenned for the area. He indicated that he fs bar&ly making a living from ~ '- e ........... ~ "' , ~ ' ' "'": ..... his business at the present time and certainly could not compete with the ' proposed store. it was moved by Alderman Cummin~e, seconded by Alderman .... No. 2~2 Ross Barr {onstruction L~d. -te: re~uest in-amend By-law 78-200 'Cuamin~s, that Mr. Richard Maraldo be granted permission to address Council. to permit construction Df ~part~aent buildin~ ~n- MoLeod Road. ' A report'-of the ' , "Mr. Maraldo stated that he lives across from the proposed store, has three City Manager appears on tonight's egende which clarifies Mr. Bsrr's request end i small children, and is concerned for the'iT safety as. e result of the increased · ,-,, ,,,,,,,,o,,, ,,.,...,,,..,,,,,,,, ,,,,, ,,,, ,, ,,,,,,,,,. ,.. ,,,,,o .,,,., ,,,, ,. ,,, ,....,., . :o o T;=n Matter, '..cned., % Ald: to __. hon.e on. qui.t street and i..trongly o,po.ed to the prope.ed ..... · ' * · q ,.', Ject to the ~nnditions ~ tlin zoning. · - gran · '- report Cerried unant/ously. "ORDRRED on the motion of Alderman Hera, seconded by Alderman Marfete, thee the ~'~ ....... ' ' ........ ' ' ' ...... report be received and filed and thee the amending by-law be given three readings. No. 21)3 John Vandsteluye - te: placing ~ signs at the' corner of"Palmar The motion Carried with the ~ollawin8 vote: Avenue and Victoria Avenue for the direct purpose of di~erting tourist traffic ~ ~ ' AYE: Alder~n Fete, Hinsperger, MacBain, Metfete, Orr, Puttick, 8chisler, Wallman. ~rom a portion of Victoria Avenue is objected to by Mr. Vandersluys, who conten~' '. ~NA"~: Aldexmmen Dilts, Cummings, Sobol. ' ' that the proper ray would be to show 'Palmar Avenue as an alternate route. / ~ · ORDERED ON THE IiDTXON o~ Alderman Metfete, e~conded by Aldex~nan C,mminga, that .' See By-law No. 79-136 ' ~he matter ,be'.'refer=ed t~ Staff for r report~ - ,-, c ~'Ca~rted ~unanimously. I: No. 495 - City Manager - Re: Sale of Used Equipmont. The report advises ',- ~.-'~ ~, ' ,~ r-- - -- ~' ' ~ ...... ! ~ ....... ' < ' ...... " "~' ' ~'~ :'~ ' ~ Council of an invitation received from the Regional Municipality of Niagara for · ~ ' !"' =' '=' ": "·' "~" '^ .... ' ' ~ ~ " "' I the City to participate at ~heir equipment auction sale, scheduled for Saturday, '~ ......... ' ~:' ~ ~ ^ "'~ ........ ~"~^ ' 'September 29th, 1979 at the Regional Roadway Patrol Yard, Sann Road, Beamsville9 · "'. .~,:...~.5 ' 'and recommends that the invitation be accepted. - ~-: - ' - ~--.~ -.,: -.. ~I ~ 'ORDEHED on the motion of Alderman gchisler, Seconded by Alderman Dilts, that the "'.Y.' ~ .' ' · !-~-~"" "' = - ' " ~' ~' ..... '' "~"'~ ."' ~eport be received and adopted. " ' Carried unanimously. -7 - No. 496 - City Manager - Re: Copoperative Tender, Anti-freeze and Related Products. The report recommends the acceptance of tenders for the supply bf anti-freeze and related products', from the following suppliers: Ontario Auto Supply Anti-freeze in 45 gel.drum. ..... Ontario AUto Supply i Anti-freeze in i gel. can . ' ' ' ' Fallsway Automotive - Windshield Washer Concentrate Fallsway Automotive - Gas Line, 6 0z. Castle Products - Quick Start ORDERED on the motion of Alderman Fare, seconded by Alderman Marterr, that the report be received and adopted. ' " Carried unanimously. See Resolution No. 80 No. 497 - City Manager - Re: Exemption of Lots 23, 24 and 25 in Plan M-61 from Part lot Contrbl. The report reco.r~nds that Council pass the by-law on tonightis agenda exemptfn~ Lots 23, 24 and 25 in Plan M-61 from Part lot Control, and that any costs arisin~ from the registration of the by-law, followin~ its approval by the Regional Municipality of Niagara be paid by · the applicant. ORDERED on the motion of Alderman Sobel, seconded by Alderman Fare, that the ~eport. be received an~adopted .... Carried unanimously See By-law No. 79-150 No. '498 - City Manager - Re: l]xemption of certain Lots in Plan 260 from part lot control. The report recom.~nds that Council give three readings to the by- law appearin8 on the agenda for tonightts meetin8 exemptin~ certain lots ~n Re~istered Plan 260 from part lot control, and further~ that any costs arisi~ from the re~istrat~ of the b~l~ fo11~i~ its approval by the ReS~oul Mun~cipality of Niagara be assund by the applicants. O~E~D on the ~tion of Alde~n Sobol~ seceded by Aldemn Fare, that the report be received and adopted. Carried u~nimouslv. " ' - ' ~ -See B~-l~No. 79~151 No.~499 CitY~uRer- Re: Closl~of 8orf~eld Road. The report provides Council with ~rther info~t.ion re~ard~'the required d~scussions-w~th Jetant property ~ers which _ns ori~iul~y~sc~dul~ for Au~ust' 27~ 1979. Unfortuutely,' the'f~rst advertise~nt ~n by-the n~er announc~ the ~et~n~ was incorrect and ~tns necessar~ to ~n a seco~-~vertise~nt..As a res~lt~ any objectors w~11 be hurd by Cacti1 at ~he ~eti~ ~o. be held. on SapteneT 10th~ 1979. One of the condit~ons o~ the closi~ of Corf~ld Rd. ~ Will be the pr~is~on of an alte~te roadway be~een Porta~e Road and Stanley .. Ayehue. This re.way will have to cross-the Conr~l spu~ l'ine a~-this ~ns ~t thS~ilway TranspDrt Co~ittee of t~ Caudian Transport Com~si~Lll Mve to appr~e this n~public crossi~. ~e re~rt rec~uds t~t. an appli- cation to the~ilway Tzansport Coattee be autho~ed to p~v~ ~r a n~ C~ssin8 on the ~p~r~..roa~y ~d for the closi~of. the cro~i~ at Car- field Road. 'O~E~D on theftion of Alde~n H~perg~, se~nd~ by'Alde~n 0~, tha~ ~ repo~ be .re~ved ~nd ~o~ed ..... Carried u~uimously. No. ~.- city~er ' Re: Imposition of Spe~d ~its on the Welland River. .~e re~r~ outlines procedures required co i~lemnt restrictions on' the speed ~'f boats Usi~ the Wella~ River a~ reco~udatChe foll~i~ action ramdial steps= (a) An i~itation be ~tended to all interested persons to,submi~T] their counts reSardh using that section of the Welland River lyingwithin the'City of Niagara Falls. ~ All submissions to be received not la~er than September l~th. (b) That'a copy of this ~eport and invitation to submit their con~ents he mailed to those or- S~nteations having an obvious interest in this matter, i.e. Greater Niagara Boating Club.and the ~eSional Police. (c) That a specialCommittee of Council · eo~posed of the Mayor and two members evaluate the replies received and prepare · Wpecific rec~ndations.in. order to enable Council to preparean appropriate resolution for submission to the Miniart7 of. Natural Resources. Aldermen Metrace .end D~lts were appointed to act with Mayor Thomson on the special committee. ORDERED on the motion of Aldermsn Merrett, seconded by Alderman Dilts, that the ~eport 'be 'received and adopted, ' Carried unanimously. No. 501 - City Manager - Re: Safety Renovations - Paterson Workshop, former Chippaws Town Hall - As requested by Niagara Falls Fire Department. The report advises Council of a meeting held recently at the Paterson Workshop to discuss several concerns which the Fire Department had expressed regarding ' the safety of this building. The meeting was stranded by Mr. John MacDonald, Deputy Recreation Director, Mr. R. Stokes of the Niagara Falls Fire Department, Mr. Don Snyder of the City Engineering Department and Mrs. Lennox, a volunteer with the Paterson Workshop. Several of the items which were discussed had been included in the 1979 Budget and this work has now been completed. There were, however, additional items as outlined in the report, which were not budgeted for this year and in order to place this building in a safe condition an ad- ditional amount of $600.00 will be required. The report recommends that Council grant approval to proceed with this additional work with the under- standin~that the budget, as approved, may be exceeded by approximately $600.00. During the brief discussion which took place, Aldermen Merrett raised a question as to why the necessary renovations have not been done before. The City Manager replied that because of the increasin~numbers of persons using the Workshop,the Fire Department had expressed concern and requested that the chan~es be made so that the building will conform to the latest regulations of the Fire Marshal. -ORDERED on the marion of Alderman Puttick, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimeusly_= '- No. 502 - City Manager - Re: The use of air horns at Arenas. The report outlines the problems encountered at the local arenas during thehhockey season by spectators blowin8 air horns. This practice has increased during the past few years to the point where they now have reached an injurious level. The · report reco~nds that the by-law appearing on tonightis agenda, intended to limit the use of high pressure objectionable air horns or sirens, at City arenas, be given three readings. ORDERED on the motion of AldermenMacBain, seconded by Alderman Sobel, that the report be received and adopted. Carried unanimously.. See By-law No. 79~14__6. No. S03 - City Manager - Re: Encroachment - 6588 Ash Street. The report deals with a request from the legal firm of Bredcrick, McLeod, Clifford, Marinelit, & Amedio for ~he passin~ of a by-law to permit the continuation of an encroach- -mont of a buildin~ on the Ash Street road allows and recommends that the application be approved..i:m The required by-law/~T~ealt with at the next regular meetin~ of City Council. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dtlts, that the report be received and adopted. Carried unanimously NO..~04.- City Manager - Re: Major Junior *~" Hockey Club Agreement. The report recommends that Council approve new provisions outlined in the report relating to an agreement with Rag QuinnLimited, owner of the Niagara Falls Flyera Hockey Club. 'Alderman Dilts expressed the opinion that this matter should have been referred to the Finance Committee some time ago for clarification, and to provide more time for members of Council to study the new provisions. Mayor Thomson stated that the Flyers will coran~nce their new season early in September and Courtcilia decision should not be delayed Coo long, Alderman Sobol expressed her agreement with Alderman Dilts and asked for an explanation of the changes as they compare with the provisions of last yearns agreement. Ttje City Treasurer explained the chan~es one by one as. they are outlined in the report, giving an account of what the actual changes will mean in terms of revenues received, etc. Alderman CmmminCs raised a question concerning concession rights and was assured that the -.ICitYts procedures. in this respect are comparable to those in other franchises. Alderman Wallman expressed concernwith respect to the advertising program and the City Treasurer referred to the report and indicated tha~ Item 3 should read ~'ae City will contribute up to an advertising expense of $8,000.00." It was also pointed out that the present contract is still in effect and there is notbinS to prevent the Flyere from taking to the ice. Alderman Puttick observed ~hat there appears to be no glaring loss in revenue to the Municipality ahd ~uSgested that Council approve the report without delay. . ORDERED on the motion of Alderman Sobel, seconded by Alderman Wallman, that the ~eport be received and adop.ted and the authorizing by-law be given the necessary three readings. ..... Carried unanimously. See By-law No. 79-147 -8- No. 505 - Recreation Commission - Re: Gus Munro Park. The report submits to Council a proposed plan for Cue Munro Park between Westwood and Rideau Street! and requests Council's approval of the plan, including the relocation of the toboggan hill, as the official plan for the development of the Cus Munro Park. ORDEPaD on the motion of Alderman Schisler, seconded by Alderman Fare, that the report be received and adopted and further, that congratulations be sent to the students and Staff of Westlane Secondarywho.were involved in preparing this plan for the park. Carried unanimously. No. 506 - CityManager - Re: Stop Sign on Jepson at St. Clatr Avenue. The report reco,-~nds that the necessary by-law, which appears on tonight~s ageuda, be passed to allow the removal of the stop s/gn on Jepson at its intersection with St. ClairAvenue. · ORDERED on the motiou of Alderman Sobol, seconded by Alderman Wallman, that the report be received and adopted. Carried unanimously. See By-law No. 79 - 141 No. 507 - City ManaRer - Re: Repair of Sewer Laterals. The report provides information to Council with respect to the repair of sewer laterals within the road allowances and outlines certain recomm-ndations regarding possible modifi- cations to the Operations Budget, because of the uncertainty of the said works. The report specifically asks that Staff be authorized to exceed the current "1979 Budget of $13,700.00 for repairs on sewer laterals within road allowances and furthers that Staff be authorized to postpone some budget sewer work as needs in order to recover said excess cost and thus stay within the total sewer budget, ORDERED on the motion of Alderm-n Schisler, seconded by Alderman Dills, that the report be received and adopted, with the proviso that if the amount is going to be substantially over the budgeted amount, Council most be so notified. Carried unanimously. No. 508 - City MansRer - Re: Transfer of Licenee Agreement - Pall St. Road · Allowance: The report advises that Mr. Gerald W..3~Intosh has requested trans~l of the licenee agreement he holds with the City for the Pall Street road-allowant to Mr. Fred Taylor, and recommends that Council approve of the transfer and that Mr. Taylor be required to execute the usual licenee agreement. ORDERED on the motion of Alderman Sobel, seconded by Alderman Fare, that~the report be received. and adopted. The motion Carried, with Alderman err declari~ a conflict of interest and abstaining from the vote, and all others voting in 'fayour. -9 - No. 512 - Planning & Development Committee - Re: Proposed Official Plan Amendments 107 and 110. The report submits proposed Official Plan Amendments 107 and 110 for Council's consideration and approval. By-laws to adopt these amend- ments have been prepared and appear on tonight's agenda. ORDERED on the motion of Alderman Sobel, seconded by Alderman Dilts, that the report be received and adopted and that the relevant by-laws be given the necessary three readings. Carried unanimously See By-law No. 79-137 and By-law No. 79-139 No. 513 - City Manager - Re: Timing of Deposits for Municipal Services in Development of Subdivisions - Charges for existing Services and Engineering Fees. The report submits a revision of the wording of portions of the Declaration of Policy for Development of Subdivisions and recommends that Council, by resolution, adopt the suggested changes in the Declaration of Policy. ORDERED on the motion of Alderman Cummings, seconded by Alderman MacBain, that the r~pert be received and adopted. Carried unanimously - No. 514 - City Manager - Re: Proposed Subdivision Agreements re: Mount Forest Mark II, Ascot Woods Ex. 1, I~rummond Park Village Plans of Subdivision. The report provides Council with detailed information with respect to some of the major changes which.have been incorporated in these subdivisions. ORDERED on the motion of Alderman Fare, seconded by Alderman Hinsperger, that the report be referred to Committee of the Whole for consideration. -' " Carried unanimously~ No. bl~ ' City Manager - Re:Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer provided additional in- formation on Cheque No. 612 in response to a question by Aldet~mn Cummings, and on Cheque No. 491 in response to a question by Alderman Sobel. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried unanimously. RESOLUTIONS No. 77 - MERR~i~' - DILTS - RESOLVED Chat a message of'condolence be sent to t~e family of the ~late Joe Brunaau, a valued Municipal employee, who passed away during the past week. Carried unanimously. No. 78 FERA - ~RPai~T - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No.. 79 - 134 for the rezoning of lands at the south-west corner of Biggar Road and Mentress Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls-PlanningArea, as amended and approved by the Minister of Housing; AND the seal of the Corporation be hereto affixed. .... Carried unanimously: No. 509 - City Manager - Re: Ryeteen-Market P~rk. The report preySdes infor- mation to Council with respect to negotiations with property owners in the Ryers~ Market Park area and lists certain recommendations of the Steering Committee. ORDERED on the motion of Alderman C-n~tngs, seconded by Alderman Merrett, that t~ report be re~erred to Committee of the Whole for~ consideration..Carried unanim0~ .No. 510 - Ctty ManaRer - Re: Purchase of Surplus School Property from Welland County Roman Catholic Separate School Board, Mount Carmal Site, Allanthus Avenue. The report provides ~ouncil wt~h information respecting negotiations between the .City and the Welland COuntyyRoman Catholic ~eparate School Board for the purchase ~ b~ the CitT ofapprOXimately five acres of land on Allanthus Avenue, for park .purposes. ORDERED on the motion of Alderman Metfelt, seconded by Aldernan Cummings, that the report be teeaired and filed, and the relevant by-law appearin~ on tonight~s · 'e a n . e lain v~ting in. favour. · . See BV-IowNo. 79 - 1 No. 511 - City HansRat - Contract 'G.C. 12-79 - Underaround Services in Drummnd Park Village Subdivision - 8tags 1. The report recommends that the cnie~ prices submitted by Provincial Construction (NiaSara) Limited be acceptads subJet; to the execution of the Subdividetea ASreemant and also the indemnifying agreem~ No. 79 - ~NGS - ~ERA - RESOLVED that 'the Council of the Corporation of the City of Niagara Falls hereby certifies that By-lewNo. 79 - 135 for the rezoning of lands on the south side of Soholfield Road and part of the closed road allowance between Township Lots 34 and 35 and Township Lots 45 and 46, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the seal of the Corporation be hereto affixed. Carried unanimously. No. 80 - FERA - NERRFrr - RESOLVED that the tenders from the following s~ppliers be accepted for the supply of Anti-freeze and related products: Ontario Auto Supply - Anti-freeze in ~5 gel. drums Ontario Auto Supply - Anti-freeze in I gel. cans and that the authorizing by-law appearinS on toni~ht~e nSenda, be 8ivan ~hreei " ' Fallmy Automotive - Windshield Washer Concentrate · - ,,ll__y Automolly,- Ca, Lin,. o,. s~n the motion of Alderman Fera~ seconded by'Alderman Schisler, that the Castle Products Quick Start report be received and adopted. Alderman MacBoin declared a conflict of AND interest on this item and abstained from the vote, The motion Carried~ with all the Seal of the Corporation be hereto affixed. others vetinS in fayour. , ~ Carried unanimously, " See By-law No. 79-1~ -. · 9 " see ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that leave be grantad to -introduce the following by-laws, and the by-laws be read a first time: No. 79 - 133 - A By-law to provide for the adoption of Amendment 105 to the Official Plan of the Niagara Falls Plannin~Area. No. 79 - 134 - A By-law to amend By-law 1538 (1958).of the former Township of Crowland, as amended. No.'79 - 135 - A By-law to amend By-law No. 2530, 1960, as amended, and By-law 77-198. (Cike Inc.) - No. 79 - 136 - A By-law to amend By-law No. 2530, 1960, as amended. (Aiello) No..-79 - 137 - A By-lawlto-provide for the adoption of Official Plan Amendment No. 107. No. ~9 - 138 - A By-law to provide for the adoption of Official PlanAmendment No. 108. -No. 79 - 139-- A By-law to provide for the adoption-o~ Official Plan Amendment No. 110. No. 79 - 140- A By-law toSmendJBy-law 3790, as-amended. (Morrison St. parking prohibition) No, 79 - 141 - A By-law to amend By-law 3791, as amended. (Re: Jepson St.) No. 79 - 142 - A By-law to authorize a subdivision agreement with N.P.H.B. Land Developments .Limited and others.- No. 79 - 143 - A By-law to authorize a'subdivisioa-agreement with Sunnylea .Construction Limited. No~ 79 * 144 - A By-law to authorize a subdivision agreement with Ten Partners Development Ltd. No. 79 - 145 - A By-law to authorize an Agreement with Provincial Construction (Niagara Falls) Limited for underground services in Dv,~.~_nd Park Village. -No. ~? - 146 -,~ ~y-t,a~o p~qhlbit air horns and sirens in City arenas.' No., 79 - 147 - A Sy-law to authorize an agreement with Rag QuinnLimited. No. 79 - 148 ~ A By-law to authorize a franchise agreement with Consume_ret Company. ' ' ' ' " ...... ~ - No. 79 - 149 '- A By-law to authorize the acquisition of land for park purposes. No.. 79'- 150 ~ A By-law to designate certain land not to be subject to part control (Plan M-61). No..79 - 151 - A By-law to designate certain land not to be subject to part "control. (Pl~n'260) ' - ' No. 79 - 152 - A By-law to amend By-law 73-22 reSardin~ ~emeteries.. , ,.' No. 79 - 153 - A By-law to provide monies for general purposes. No. 79 -'1~4 - A By-law to lmemi By-lawNo. 5335, 1955, as amended. (Romeo Const, & Wallmen opposed -By-law No. 79-135; Aldermen Dilte, Sobel & Cummings ~oBy-law79-136; Aldermsi daclarin~ a conflict of on By-law79 - 145 and fwm the vote; Alderman Fore declaring a conflict of on By-lawNo. 149 end from the vote, all others in favour. - 11 - ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the following By-laws be now read a second and third time: No. 79 - 133 - A By-law to provide for the adoption of Amendment 105 to the Official Plan of the Niagara Falls Planeing Area. No. 79 - 134 - A By-law to amend By-law 1538 (1958) of the former Townshiv of Crowland, as amended. No. 79 - 135 - A By-law to amend By-law No. 2530, 1960, as amended, and By-law 77-198 (Gike Inc.) No. 79 - 136 - A By-law to amend By-law No. 2530, 1960, as amended. (Aiello) · No. 79 - 137 - A By-law to provide for the adoption of Official Plan Amendment No. 107. No. 79 - 138 - A By-law to provide for the adoption of Official Plan Amendment No. 108. · No; 79'-'139 -'A By-law to provide for the adoption of Official Plan Amendment No. 110. No. 79 - 140 - A By-law to amend By-law 3790, as amended. (Morrison St. parking prohibition). No. 79 - 141 - A By-law to amend By-law 3791, as amended. (Re: Jepson St.) No. 79 - 142 - A By-law to authorize a subdivision agreement' with N.P.H.B. Land Developments Limited and others. No. 79.-'143 - A By-law to authorize a subdivision agreement with Sunnylea Construction Limited. No. 79 - 144 - A By-law to authorize a subdivision agreement with Ten Partners Development Ltd. control. (elan 260) No. 79 - 152 - A By-law to amend By-law 73-22 regardir~ cemeteries, No. 79 - 153 - A By-law to provide monies for general purposes. No. ~9.- 154 - A By-law to amend 3y-law No. 5335, 1955, as .amended. No. 79 - 145 - A By-law to authorize an Agreement with Provincial Construction (Niagara Falls) Limited for underground services in Drunnnond Park Village. No. 79 - 146 - A .By-law to prohibit air herfie and sirens in City arenas. No. 79 - 147 - A By-law to authorize an agreement with Reg Quinn Limited. No. 79 - 148 - A By-law to authorize a franchise agreement with Consumers! Gas Company. No. 79 - 149 - A By-law to authorize the acquisition of land for park purposes. No. 79 - 150 - A By-law to designate certain land not to be subject to part lot control. (Plen M-61) No. 79 ~ 151 - A By-law to d~signate certain land not to be subject to part lot (Romeo Const.) Carried, with Aldermen Sobel, Schisler & Wallmen opposed to By-law No. 79-135; Aldermen Dllts, Sobel & Cummings opposed to By-law 79-136; Alderman NacBain declaring a conflict of interest on By-law 79-145 and abstainin~ from the vote~ Alderman Fera declarin8 a conflict of interest on By-law No. 149 and abstainiu~ from the vote, all others vetin2 in ~a~our... ~ 12 - NE~ BUSINESS Alderman Puttick informed Council that he had had discussions with a person interested in establishing a ski run through the use of refuse. The same person also indicated interest in the possibility of using Clifton Hill in conjunction with a Winter Festival. Mayor Thomson pointed out to Aldernmn Puttick that a special committee of Council has had the matter of converting refuse into a ski run unde~ consideration for soma time. It was moved by Alderman MacBain, seconded,by Alderman Sobol, that the meeting adjourn to Committee of the Whoe~aA .. ~ a .. Carried unanimously. READ AIVD ADOPTED, MAYOR WAYNE T~OMSON " Committee Room ~1 .I August 27, 1979. Council met in Committee of thaW hole on Monday, August 27, 1979 follo~i~' a regular m acting of Council. All members of Council were present with the ex- caption of Alderman Chessman. Alderman O,-~,in~s !srssided as Chairman. Following consideration of the items presented, it was moved by Aldernm: MacBain, seconded by Alderman Dilts, that the Committee of the-klhole..arise and report. ~ a i a a ~ READ AND ADOPTlED, , Carried unanimously. MAYOR WAYNE THOMSON COUNCIL MEETINg Council Chambers AB~ust 27, 1979. Council reconvened in formal session on Monday, August 27, 1979, following a~eeting in Committee of the Whole. All members of Council were present with the exception of Alderman C~eesman ,ang:.Alde~man Puttick.. Mayor Th~sen presided as Chairman.' ' · VERBAL REPORT - CITY CLERK - The City Clerk reported that the City has received an offer to purchase the former Police Building on ZimmermanAvenue from the firm of Chatsworth Holdings in Trust, in the amount of $75,000.00. The firm pro' poses to use the building for a rest or convalescent home and willirOn indicated to spend up to $200,000 on renovations. ORDERED on the motion of AlderwanMacBain, seconded by Alderman Hinsperger, that City accept the cash offer of Chatsworth HoldinCs in Trust, in the amount of subject to them arranCing a marriage, for the former Folice Buildin~ on Zimme The motion Carried - 13 - VERBAL REPORT - CITY MANAGER - The City Manager advised Council that last November the Fire Chief had asked if he would care to attend a Course dealing with ali facets of the Fire Department operations, which will be held at Gravenburst, Ontario, next week. Mr. Price stated that inasmuch as the Fire Chief had brought this to his attention, he was compelled to brin~ it to Council~s attention and advise them of his willingness to attend, if Council so approved. ORDERED on the motion of Alderman Sobol, seconded by Alderman HfnsperEer, that the City Manager be authorized to attend the Course at Gravenhurst. The motion Carried with Alderman Puttick opposed and a11 others votina in fayour. Report No. 509 - City ManaKer - Ryerson-Market Park. The Building & Development Co ordinator referred to a map of the park area and outlined the plans for each section of the proposed park. Mr. Johnston then proceeded to bring Council up to date on negotiations with the area property owners and indicated that t~enty-one of the owners have reached an agree.~ent with the City and twenty-one Options to Purchase have been signed. There are three other properties, the o~nlers of which have agreed to sell, but an agreement has not yet been reached on the sale price, there being a difference of $36,000 between what the three parties are asktn~ and what the City has offered. Counciles approval is requested to pick up the aforesaid t~enty-one options, and that negotiations be continued for at least another three , · onths with the other three parties with whom an a~reement has not yet been reached. ORDERED on the motion of Mayor Thomson, seconded by Aldermsn Merrett, that the City close on September 4th, 1979, with the twenty-one properties, and proceed with the Ryerson-Market N,~'.P. Project. Carried unanimously. Report No. 514 - City Manager - Re: Proposed Subdivision Agreements. The Deputy City Sollcitor referred to a report on tonightss a~enda with regard to subdivision agree- ments for the proposed Mount Forest Mark III, Ascot Woods Extension I, and Drummond Park Village (Ten Partners), Plans of Subdivision, which provides Council with de- tailed information with respect to soma of the major chan~es which have been incor- porated in these subdivisions. Mr. Lustig provided further clarification for Cbuncil with respect particularly to the provision in the report relatin~ to "grading and clearing of lots". ORDERED on the ~otion of Alderman Fera, seconded by Alderman Hinsperger, that the information contained in the report be received and noted and the report be filed. Carried unanimously. It was moved by Alderman Sobol, seconded by Alderman HinsperCer, that the meetin~ adjourn. Carried unanimously. READ AND aDOPTED, . '.. WAYNE TI{0MSON J TWENTY-SIXTH MEETING Council Chambers September 4, 1979 SPECIAL MEETING Council met on Tuesday, September 4, 1979 at 5:00 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Orr and Schisler. His Worship, Mayor Thomson presided as Chairman. RENOVATIONS TO NIAGARA FALLS MEMORIAL ARENA His Worship, Mayor Thomson advised that several meetings previously, an arrangement was made between Mr. Reg Quinn owner of the Niagara Falls Flyers Hockey Club and the City whereby an addition would be made to the existing dressing room at the Niagara Falls Memorial Arena thereby freeing other space in the Arena that could be used by the City. City Council at that time agreed to participate with Mr. Quinn in the cost of this work, with the City's share being a fixed amount of $15,000. The Mayor indicated that plans and specifications were prepared by Donald N. Chapman Associates and tenders were called. The lowest tendered price was $56,000. Mayor Thomson stated that considerable work was done to try and reduce this figure, and with the inclusion of other related work, the figure was reduced to $52,000. This information was discussed with the Chairman of the Finance Committee, Alderman MacBain, staff and the Mayor and it was suggested that the City attempt to work out a suitable arrangement with Mr. Quinn so that this necessary work could proceed. The Mayor advised that there are funds available that would not affect the budget that would allow the project to proceed. The Projects & Services Engineer advised that with the City participating in the project, the City's share of the higher price would be fixed at $26,000. If the project cost runs higher than that amount, Mr. Quinn would be expected to assume the additional cost. In the budget, an amount was set aside for contingency purposes at the Arena. An amount of $6,600 remains in that fund and in addition, from previous years are amounts set aside in special purpose reserve funds for parks and developments totalling $26,000. These reserve funds were established in the event the City had an opportunity to purchase park lands or for emergency work required during the year. An amount of $5,000 is also available in the major facilities and development account, and $12,092 is left in the Niagara Falls Memorial Arena accounts for improvements at the Arena. The Projects & Services Engineer stated that there was a total of approximately $49,700 available from which to draw, that would not affect the mill rate. It was the recommendation of staff that the $6,600 remaining in the 1979 hUdget plus the balance from the reserve'funds mentioned previously, be used to do the work Alderman Puttick asked if any funds were being included for the provision of additional public washrooms. The Projects & Services Engineer stated that no funds were being used for this purpose, and the funds were primarily being spent because of the arrangement under which Mr. Quinn would be sharing the cost. Mayor Thomson agreed that public washrooms were a high priority, however the work was only being done because of Mr. Quinn's offer to participate in the cost. The work being undertaken had nothing to do with the overall rejuvenation of the facility. In response to a question raised by Alderman Sobol, the Projects & Services Engineer indicated that the monies in the reserve funds had not been set aside for any specific purpose, and that there were no works planned that would not be done because the monies were being spent on the Arena. Alderman MacBnin outlined his involvement in the discussions prior to the Council meeting. The Alderman indicated that he was in full agreement with the expendituze of $26,000 which will be matched by Mr. Quinn and result in ,52,000 worth of improvements to the Niagara Falls Memorial Arena. Following further discussion, it was moved by Alderman MacBain, seconded by Alderman Chessman, that the recom~nendation of staff be adopted. Car.tied. Unanimously. SAFETY GLASS - NIAGARA FALLS NI~IORIAL ARENA Mayor Thomson that another matter that was considered during discussions on the renovations at the Arena, was the possibility of using a portion of the reserve funds to install new safety glass at the Niagara Falls Arena. The Mayor stated that it had been brought to his attention that the existing. situation at the Arena was very dangerous, and at least four accidents had occurred because of the poor quality and low level of the existing safety glass. The estimated cost to do this work was $5,000, and Mayor Thomson felt because of the safety hazard, the work should be done this year. Mr. R. Quinn of the Niagara Falls Flyers Hockey Club stated that he had become very concerned after seeing several people get hit by pucks. The existing safety glass was bent back, and pucks hitting the glass would defle{z into the seats at a much lower level than if the glass were straight. Anoth~ problem being experienced was that people from the audience had actually grabbed the sticks of some of the taller hockey players when they were near the boards. Although both he and the City had insurance, Mr. Quinn stated that he felt the glass was unsafe and that injuries would continue to occur if remedial action was not taken. Another problem with the existing glass, which is plastic, is that it scratches quite easily and thereby reduces the visibility to patrons seated behind the glass trying to watch the games. The type of material being considered for replacement of the existing glass, was a tempered glass which would reduce the visibility problem and still protect those patrons seated behind. In response to a question raised by Alderman Puttick, the Projects and Services Engineer stated that a great deal of maintenance was required in straightening the existing glass prior to each game. If the new glass were installed, this maintenance time could be used elsewhere in the Arena. In response to a question raised byAlderman Cummings, the Projects & Services Engineer stated that the height of the glass would be increased to 30" from the existing 20", and would deflect any pucks over the heads of the patrons seated behind. The framing for the glass would be drilled down into the boards thereby eliminating the problems experienced in the past with the glass bending back. Mayor Thomson asked if the glass at the.~s required replacement. The,~ Projects & Services Engineer stated that he would like to replace the ends, however that would involve a major expenditure. Mr. Quinn had agreed that th ends could wait for another year to be replaced, since they were high enough]' that the safety problem was not a factor. The Projects & Services Engineer stated that quotations had been called, and he would like to review the varie{ quotations. Because of a timing problem, it was hoped that work could comme~ on September 10th, 1979. For this reason, the Projects & Services Engineer recommended that the City Manager be authorized to accept the lowest quotatiE received, to a maximum of $5,500. The necessary monies for this work would ~ taken from the same sources that will be used for the renovations at the Are1 Following further discussion, it was moved by Alderman MacBain, seconded' by Alderman Cheesman, that Council authorize the City Manager to accept the lowest quotation for replacement of the safety glass at the Niagara Falls Memorial Arena at the maximum amount of $5,500. Carried Unanimously. BY-LAW ORDERED on the motion of Alderman MacBain, seconded by Alderman Cheesman, th leave be granted to introduce the following by-law, and the by-law be read first time: . No. 79-155 - A By-law to authorize the execution of a~ amending agreement wi Reg Quinn Limited. Carried Un~nimou-~.~ ORDERED on the motion of Alderman MecBain, seconded by Alderman Cummings, the following by-law be now read a second and third time: No. 79-155 - A By-law to authorize the execution of an amending agreement wit Reg quinn Limited. Carried Unanimouj' NEW BUSINESS WATER RESTRICtIONS Alderman Merrett asked if any consideration had been given to removing the water restrictions. Mayor Thomson advised that the restrictions had bee~i removed that morning. -3- PROPOSED REGIONAL HEADQUARTERS Alderman Puttick referred to a recent article in the local press connnenting on the possibility of two alternate sites being considered in Niagara Falls for the proposed Regional Headquarters, and asked if Mayor Thomson had any further information. His Worship, Mayor Thomson advised that although Regional Council had selected the Mack School of Nursing building in St. Catharines, he was sure that once all costs involved were available, Regional Council would have to reconsider its choice. At that time, the Mayor was certain that the Niagara Falls site would be reconsidered. In the meantime, Mayor Thomson did not feel that the matter should sit idle, and he advised that he had, on his own, investigated another site. The Mayor felt the City should have an alternate site available to present to Regional Council if the Region does not proceed with the Mack School of Nursing building. Mayor Thomson stated that any proposal developed on an alternate site would be presented to City Council before it is presented to the Region. The Mayor indicated that he was excited about the prospects of this alternate site, and if the Mack School of Nursing building is turned down, the City has the presently proposed site as well as an alternate site to present to the Region. It was moved by Alderman Cheesman, seconded by Alderman Cummings, Chat the meeting adjourn. Carried Unanimously. READ AND ADOPTED, COLLINSON, CITY CLERK MAYOR WAYNE THOMSON TWENTY-SEVENTH MEETING Committee Room #1 September 10, 1979 COMMITTEE OF THE WHOLE Council met on Monday, September 10, 1979 at 6:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Orr. Alderman Chessman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. . .~.. READ AND ADOPTED, Council Chambers September 10, 1979 Council met on Monday, September 10, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Orr. His Worship, Mayor Thomson presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the minutes of the meetings held on August 7th, August 13th, August 27th and September 4th, 1979, he adopted as printed. Carried Unanimously. PRESENTATION OF RETIREMENT WATCH His Worship, Mayor Thomson presented a retirement watch to Miss Gert Matthews, the retiring Tax Supervisor, who had completed forty-four years of service to the Municipality upon her retirement on August 31, 1979. DEPUTATION MR. J. LONG - MOUNT FOREST MARK II SUBDIVISION Mr. J. Long representing Mr. R. Redekop, was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Cummings. Mr. Long advised that his client, Mr. R. Redekop, had asked him to examine the small subdivision he owns, Mount Forest ~rk II. The subdivision consists of approximately nine acres of land and would involve forty-five single family lots. The plan of subdivision has received draft plan approval and is one of the subdivisions being held up becamse of the problems on Shriner's Creek. Mr. Long advised that he had been asked to come up with a modification to the drainage system which might permit development of the lands prior to implementation of the project. When discussing the matter with City officials, Mr. Long advised that certain criteria was set in designing the modifications to the drainage system. The system must not permit a greater discharge from the land than it would currently discharge in its undeveloped state. The lands in question are quite far up the watershed and in fact have an insignificant effect on the system. The City's criteria however was used in the design. The second criteria was to minimize sediment r~n-off from the subdivision, particularly during construction. The area currently drains through storm sewers constructed as part of phase one of the Mount Forest Subdivision. It was proposed that the storm sewers that will come out of the subdivision would in fact be initially oversized so that instead of constructing a 24" diameter sewer coming out of the existing sewers to the east, it would be enlarged to 48" diameter and the sewer going north on Grouse Lane would also be enlarged to 48" diameter. A control valve would be installed on the sewer system and would minimize the flow into the existing system to less than half of the sewer system capacity. In order to minimize sediment run-off e~c~ it was proposed that in any approval of a subdivision agreement, there would be a requirement for controlling sediment on each of the catchbasins in the subdivision by the construction of straw filter bales to prevent silt from entering the system. At the same time, swales in the subdivision would be sodded, and it would also be a rquirement of approval that the subdivider sod all lots iu~nediately following construction of the homes. Mr. Long stated that Mr. Redekop was prepared to agree to these conditions being incorporate~ into the subdivision agreement. Mr. Long felt that from an engineering stand;~ these measures would not aggravate the conditions in the Shriner's Creek syste and would meet the criteria of the City. In response to several questions raised by Alderman Chessman, Mr. Long indicated that the control valve on the sewer system, which was adjustable, could be opened when the Shriner's Creek system was completed. During constn. the valve would be checked regularly, since that is when there would be the run-off. 0nce construction was completed, the valve could be loft unattended.~ J Alderman Puttick felt that Council would continue to be faced with requei.a of this nature to get around the policy of the City. The Alderman stated thai= it had been his understanding that when Council had dealt with earlier reques[ it was on the basis that granting approval would not be creating a precedent,[' The Director of Municipal Works stated that Council had considered the preyion request on Ascot Woods Subdivision on its merits, and any other requests sh0ul b also be considered on their merits. The request for this particular su d' '~ Was made, and the Director of Municipal Works had advised the developer a presentation to Council. The subdivision in question was throught to be last one involved, since it was so remote. When the original request on the!' subdivision was presented, the Director of Municipal Works had asked that it re-designed to extend the system and provide more capacity. The Director of Municipal Works stated that he could not make a recommendation on the request,! since he had given evidence at various hearings on Council's position at thst'~ time, that no expenditures would be made and development would be held until the Shriner's Creek plan was implemented. In response to a question raised by Alderman Schisler, Mr. Long advised that the major silting problem occurred during construction. At the templetic of construction, the system should be cleared out and this should be a condition in the subdivision agreement that the contractor constructing the system would be responsible for cleaning the system out twelve months after completion. Mr. Long stated that if the system became silted during construcM the control valve would not be opened, and the system would be cleaned out mechanically. Al erman Chessman stated that while the request appeared to be an attemp~l] d to get around the intent of the policy of the City, he felt it was not. Ifi~ Alderman felt this request was not asking for any lightening of restriction tl what Council had allowed on the Ascot Woods Subdivision. The only difference was that this system would be underground in a larger storm sewer system. was also made to similar requests for relief received from other developers,! as the berming relief in Bambi Estates Subdivision. Alderman ~heesman also reminded members of Council that the sooner houses are built, the better off the ultimate buyer will be, since the longer the hold-up on development, the greater the cost will be to the home buyer. Alderman Dilts co~nented that the City was faced with continuous proble~ with drainage end he questioned how much this new development was actually needed considering the number of building permits isisned so far in 1979. The Alderman suggested that this development could be premature, and indicated that he could not support the request to proceed unless Engineering staff agr,~ there would not be problems, Alderman Merrett felt the developer was showing a genuine interest in t~ Shriner's Creek problems~ consideringthe considerable expense he had gone to in order to control the run-off and silting problems. In response to a question raised by Alderman Puttick, ~r. Long stated any delay in developins the subdivision would result in additional costs of least $12~000 to $15,000. The delay would cause additional carrying costs Alderman the developer and the increasing construction costs in the future. i Puttick stated that the Cityts policy on subdivision development provides the developers assume the cost of servicing for premature development, The A~de -3- asked if the City would be involved in the costs of servicing at a later date. The Director of Municipal Works stated that premature development usually involves construction downstream before the City is ready to proceed with construction of such facilities. The development could be considered premature in that there is no retention or siltation facility downstream, however the scheme would involve an enlarged system and the developer would pay for that system. The developer would be living within the City's policy on premature development in that respect. If the development is approved by Council, it would be subject to an indemnity agreement with the Municipality in the event legal action was taken against the City for allowing development to proceed prior to the Shriner's Creek project. The costs are all to the subdivider, not the Municipality, and the agreement would keep the City non-liable. Alderman Puttick felt that if there were problems, Council and City staff would have to face the brunt of criticism, and unless someone could assure him that allowing development to proceed would not contravene the intent of the O.M.B. decisions on Shriner's Creek, he could not support the request. Alderman Fera stated that whether a request involved six lots or forty-five, Council was still going against its original policy, and the requests would have to stop at some point. Alderman Sobel stated that she was concerned not only with this request, but in previous requests, the existing residents who would have something to lose if something went wrong, were not present. Alderman Cheesman stated that once construction begins with this system in place, it would not allow further discharge downstream than at the present time, if the consultant was correct. On that basis, Alderman Cheesman felt the City was not violating the intent or principle of the Shriner's Creek scheme by allowing development to proceed, and was Justified in supporting the developer's request. Alderman Schisler pointed out that once homes and roads are constructed, there would .be stormwater that could no longer be absorbed into the ground, and there would have to be more run-off from the subdivision. Mr. Long stated that the system was designed using peak times of run-off. The valve would be open to allow 5" of depth of water through the 24" pipe, calculated on the basis of the 48" sewer being full. Some rainfalls would bring an increase in water through the system, but the principle concern was that there be no increase during peak storms. Mr. Long stated there would be an increase with light storms, but this would not be a problem in terms of storm drainage. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Merrett, that Council concur with the request of the developer, subject to the conditions outlined, and that permission be granted to initiate the construction phase of the subdivision. The motion was Defeated with the following vote: ~YE: Aldermen Cheesman, Cummings and Merrett. NAYE: Aldermen Dilts, Fore, Hinsperger, MacBain, Puttick, Schisler, Sobel and Wallman. UNFINISHED BUSINESS BILL 29, AN ACT TO PROVIDE FOR MUNICIPAL }P~DRO ELECTRIC SERVICE IN THE REGIONAL MUNICIPALITY OF NIAGARA Report No. 516 - City Manager - The report advises that appointments are required for a new Mydro Commission to be made up as follows: Mayor, four additional members who are qualified electors in the Municipality, one of which shall be a member from the existing Niagara Falls Hydro-Electric Commission, at least one member from the existing Chippawn Public Utilities Commission, at least one member who resides outside the area presently supplied with power by the two existing Commissions and one other qualfiied elector. Alderman Cummings suggested that an advertisement be placed in the press, similar to the advertisement placed earlier advising of vacancies on various boards and committees, so that interested individuals would have an opportunity to apply. ORDERED on the motion of Alderman Cummings, seconded by Aldermen Fern, that the report be received and filed, and that a notice be placed in the press ,advising of the vacancies. Carried Unanimously. DRAFT ZONING BY-IAW Report No. 517 - City ~anager - The report recommends that Council meet -4- with the Planning & Development Committee on September 26, 1979 at 4:15 p.m. to continue discussion on the Draft Zoning By-law. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. PETITION RE: NOISE FROM 4983 CLIFTON HILL Report No. 518 - City Manager - The report advises of investigations carried out on the complaint regarding noise from 4983 Clifton Hill. The report recommends that the petition and report be received and filed, and a copy be sent to the complainant for his information. Mr. D. Piasecki was granted permission to address Council on the motion of Alderman Fera, seconded by Alderman Cheesman. The motion Carried with Alderman MacBain voting contrary, and all others voting in favour. Mr. Piasea advised that he had prepared a brief containing information he had compiled. Alderman Schisler asked Mr. Piasecki if there was litigation pending on this particular matter. Mr. Piasecki stated that the litigation had been commenced after he had submitted the petition to Council, however the litiga~Z ~ was a separate issue to the petition. Alderman Schisler felt that if litigat~ ~ was in any involved in the matter, it should not be discussed by Council. ~i ' Alderman pointed out that such discussion could hurt Mr. Piasecki and anybo~ ~ else involved in the litigation. Mis Worship, Mayor Thomson stated that Mr. Piasecki would be wise to withdraw any comment until the litigation had been concluded. Also since the report indicated that after the investigation, the noise was not felt to be out of line in comparison with other activities in the area, and since tourisz ~ activities would be tapering off in the Fall, the Mayor felt there was no urgency in dealing with the matter. Mayor Thomson suggested to Mr. Piasecki ] that he return and speak to Council after the litigation had been settled. Alderman Puttick asked if it was procedulally correct not to allow Mr. Piasecki to address Council further, when a motion had been passed to alli him permission to speak. Mayor Thomson felt the question of litigation was valid and should be considered by Council. Alderman Fera also stated that he would not have made the motion to allow Mr. Piasecki to address Council if he had realized there was litigation involved in the matter. Following further discussion, it was moved by Alderman Schisler, second~ by Alderman Hinsperger, that the matter not be heard at this time, and that Mr. Piasecki be allowed to appear before Courtoil when the litigation had bees concluded. Carried Unanimously. CLOSING OF PART OF COP, FIELD STREET Report No. 519 - City Manager - The report recommends approval of a proposal regarding the sale of Cotfield Street to Marineland, and pass a by-law auth0r'~. the closing of part of Cotfield Street, after hearing any person who claims that his land will be preJudicially affected by the by-law and applies to be heard. Alderman Schisler stated the report indicated that Marineland would pay any costs involved in obtaining the releases, and such costs would be creditei against the purchase price of the lands. The Alderman questioned how this could be considered to be payment of all costs involved by Marineland, when the costs would be deducted from the purchase price of the lands. The project] and Services Engineer explained that when the lands were originally purchased it was done so under a policy that allowed Rydro to Sell the lands for road purposes at approximately half the then market value. The deed required that the City use the lands for roadway purposes only. If the City wishes to use the lands for any purpose, such as selling to Marineland, the City would have to obtain a release from the condition in the deed, and pay additional monies to Hydro. The City would then'be in a position to sell the lands to Marineland at fair market value. The Projects & Services Engineer further explained that if the City were to charge Marineland the cost of obtaining the releases and to pay fair market value for the land, Marineland would in effect~ be paying more than fair market value for the land. In response to a.question raised by Alderman Puttick, the Projects and Services Engineer stated that staff had reported on item of the July 9th report attached, at the last regular meeting of Council and had advertised ..~..5 -5- accordance with Provincial regulations. The subject report was submitted in response to the fifth item. Mr. A. Sheppard, solicitor for Marineland, indicated that the matter had been dealt with most expeditiously by the City and expressed his appreciation to Council and staff for their co-operation. All aspects of the matter had been dealt with, although the parties were still somewhat apart on the matter of the appraisal. Mr. Sheppard asked that unless there were any objections to the closing of the road, that Council advance the by-law for consideration at this time. Following further comment, it was moved by Alderman ~cBain, seconded by Alderman Dilts, that the report be received and adopted, and the by-law moved forward for consideration at this time. Carried Unanimously. BY-LAW ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 79-156 - A By-law to stop up and close and to authorize the sale and conveyance of part of Corfield Street. Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the by-law be now read a second and third time: No. 79-156 - A By-law to stop up and close and to authorize the sale and conveyance of part of Corfield Street. Carried Unanimously BELL CRESCENT EXTENSION RE: LITTLE MISSISSIPPI DRAIN Report No. 520 - City Manager - The report provides information on the cost estimates involved in the work requested by the residents: 1) $2,600 if the wor~ is carried out on Lots 1 to 4 inclusive only; and 2) $5,600 if the work is carried out on Lots 1 to 7 inclusive plus a certain distance beyond Lot 7. These costs would not include sodding of the ditch once covered. Mayor Thomson asked if the $600 in the subdivision account for sodding were used towards the cost of this work, and the residents performed the sodding, would the expenditure for alternative #2 be reduced to $5,000. The Director of Municipal Works agreed that the cost could be reduced to $5,000. Alderman Dilts pointed out that the residents had not created this problem, and since there had been no problems with the covered section of the drainage ditch further up on Bell Crescent~ he could see no reason not to do this work. Following further discussion, it was moved by Alderman Dilts, seconded by Alderman MacBain, that the necessary work be carried as outlined under Alternative No. 2. Carried Unanimously. WALKWAYS AND EMERGENCY ACCESS IN SUBDIVISIONS Report No. 521 - City Manager - The report recommends that Council retain its present policy as stated in the Declaration of Policy for Development of Subdivisions. Alderman Herrerr indicated that he still did not agree with the use of walkways as emergency access into culs-de-sac. The Alderman felt that the cul-de-sac entrances were wide enough to permit emergency vehicles access, and were not worth the aggravation they cause to adjacent residents with vandalism, etc. The Planning Director advised that he had received an opinion from the City Solicitor that Council could pass a by-law under Paragraph 58, Section 352 of the Municipal Act prohibiting motetired vehicles on pedestrian walkways. In response to a question raised by Alderman Sobel, the Fire Chief stated that he was in agreement with the policies of C.M.H.C. with respect to emergency access into culs-de-sac. The Fire Chief explained that there could be a situation where sewer or watermain construction was going on at the entrance -6- -7 - to a cul-de-sac, and if there were an emergency in the cul-de-sac, the residents would not be able to get out, nor would emergency vehicles get in without an emergency access. While there hod been a suggestion that emergency vehicles could use the Hydro right-of-way, the Fire Chief advised that one fire truck weighs over fifteen tons and it would sink to the hubs on this type of soft ground. This would also necessitate fire fighters havi~ to drag fire hose quite a distance which would waste valuable time. Mayor Thomson stated that if culs-de-sac were eliminated as much as possible in the future, the use of walkways would not present as much a problem to the City as it does now. Also with the passing of a by-law prohibiting motorized vehicles and the use of additional fencing, existing problems could be reduced. In response to a question raised by Alderman MacBain, the Director of Municipal Works stated that while construction of underground services usually would not block the entire entrance to a cul-de-sac, there could be a situati~ with breaks in a watermain in several locations where an entire entrance coul~ be blocked. In the event of sewer repairs or installations, there would be a deep cut in the road involved. The Director of Municipal Works also pointed out that in the event of a gas main explosion, there could be no guarantee the street would not be completely cut off. While this type of situation would not be considered a strong possibility, they must be viewed as a probability and allowance must be made for them in subdivisions. Alderman MacBaiu stated that on the basis of the information given by the Fire Chief and the Director of Municipal Works, he would reluctantly go along with the recommendations in the report. The Alderman stated that there is great inconvenience to the residents involved and to the City with respect to maintenance, however he appreciated the necessity of walkways in culs-de-sac. The Alderman hoped the through discontinuance of culs-de-sac in the future, this problem would be eliminated. Alderman Dilts agreed that walkways were required, however the major problem was enforcement of the restrictions ont_~te walkways against motorized vehicles. The Alderman felt that walkways could be considered a convenience to the residents if the enforcement problems were solved. Mayor Thomson stated that the City of St. Catharines uses chains in walkways to discourage their use by motorized vehicles. Works stated that the intent would be to virtually exclude culs-de-sac in the future, however there would be certain types of plans that could only be properly designed with the use of culs-de-sac, in which case walkways would be required. The Planning Director stated that their use would be discouraged wherever possible, and if a particular situation came up where use of culs-de-sac could not be avoided, approval of both the Planning and Development Committee and Council would be required. In response to a question raised by Alderman Sobol, the Planning Director explained that originally they were considered desirable, however with the increasing regulations such as walkways and emergency access and the further misuse of walkways, culs-de-sac were becoming a problem. Alderman Cheesman commented that although culs-de-sac were throught to be a means of making the best use of subdivision lands, there were many good reasons for not having them. The Alderman felt that the layout of a subdivision using culs-de--sac was confusing, and he looked forward to new subdivisions changing to a modified grid system of streets. Alderman Merrett commented that culs-de-sac were desirable in that they provided a quite area in which to live with little traffic. With respect to the problem of walkways which are required in culs-de-sac, the Alderman suggested that the matter be considered at an early date so that Council can take some action to resolve the existing problems. Alderman Puttick cautioned Council against taking any action to completely eliminate culs-de-sac on the basis of one complaint several weeks previously. The Alderman felt that the public and developers should be allowed to add some input before Council made a decision. Mayor Thomson stated that there had been many complaints over the years because of vandalism and use of walkways by motorized vehicles. Following further comment, it was moved by Alderman MacBain, seconded' by Alderman Fera, that the Declaration of Policy on Subdivision Development be amended to provide that culs-de-sac will not be permitted in future subdivisions, except on the recommendation of the Planning & Development Committee and approval by Council. Carried Unanimously. COMMUNICATIONS Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Schisler, that the report be received and adopted. The motion Carried with Alderman Merrett voting contrary, and all others voting in favour WALKWAYS IN SUBDIVISIONS - PETITION FROM RESIDENTS OF LALEMANT ROAD Report No. 522 - City Manager - The report provides information in response to a request from residents adjacent to the walkway between Lalemant Road and Pheasant Lane. ORDERED on the motion of Alderman Macgain, seconded by Alderman Schisler, that the report be received and filed and copies sent to th~petitioners. Carrie~ Unanimously. USE OF CULS-DE~SAC IN FUTURE SUBDIVISION DESIGNS Report No. 523 - City Manager - The report recommends: 1) That staff adopt ~ design approach which will attempt to avoid and discourage wherever possible, the use of culs-de-sac in new subdivision designs other .than in exceptional cases where the shape or topography of a parcel of land provides good reasons for the inclusion of such a feature. This information would be circulated to all parties involved in subdivision design so that they would be aware of it prior to commencement of design work; 2) That the use of right angle fences across walkways~ or suitable replaceable posts system be seriously considered for all walkways together with "No motorized vehicle" signs. Use of chains could also be considered; and 3) That the City Solicitor investigate the feasibility of a by-law being enacted which would ban motorized vehicles (0the~ than emergency vehicles) from walkways and enable actiou to be taken against offenders. Alderman MacBain felt that Council had to take a position much stronger No. 204 - Residents of Pheasant Lane - Re: Sidewalks. The communication requests that Cormoil reconsider proposed plans to install sidewalks on Pheasant Lane. Mr. T. Ryan was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Merrett. Mr. Ryan stated that as outlined in the petition, the residents do not feel sidewalks are needed on Pheasant Lane. It was felt that sidewalks would infringe on the residents~ driveways and cars would end up being parked on the roadway which would narrow the travelled portion of the road, particularly in the winter time. In response to a question raised by Alderman MacBain, Mr. Ryan advised that 100% of the residents on Pheasant Lane had signed the petition requesting that sidewalks not be constructed. Alderman MacBain stated that cost-wise, he was in favour of not constructing sidewalks, however according to the Declaration of Policy on Subdivision Develop- ment, this street would normally have had sidewalks installed and monies would have been deposited by the subdivider for this purpose. The Alderman pointed out that this matter could be questioned by new residents in the future, and suggested that Council handle the matter with caution. Alderman Merrett suggested that when setting criteria sof sidewalks in future subdivisions, the City should look not only at the length of the street, but the size of the lots because of the problems experienced with cars parking in the driveways. The Director of Municipal Works also suggested that the volume of pedestrian traffic could be a consideration and pointed out that there would be a difference in the number of pedestrians on a street with a few houses as compared to a street with an apartment building. The Director of Municipal Works also advised that this type of situation would be coming up regularly, since all new subdivisions have included culs-de-sac. In than staff had suggested by not permittin~ culs-de~sac in any future plans o{ response to a question by Alderman Puttick, the Director of Municipal Works subdivision. advised that the monies deposited by developers for sidewalk construction should be kept in reserve. It was also explained that even though such monies Mayor Thomson asked if it would be possible for the City to totally mlSht be kept on hand, the cost of providing sidewalks in built-up subdivisions eliminate culs-de-sac from future subdivisions. The Director o~ Municipa]L with driveway entrances and sodded boulevards was much greater than the cost of constructing sidewalks in a new subdivision. Following further consideration, it was moved by Alderman Puttick, second~ii by Alderman Fera, that sidewalks not be constructed on Pheasant Lane, as requested by the residents. Carried Unanimously. It was moved by Alderman Wallman, seconded by Alderman l,~cBain, that the third item under "Reports" and By-law No. 79-157, be brought forward for consideration at this time. Carried Unanimously. Report No. 524 - Planning & Development Committee - Re: AM-5/79, Niagara Falls Hydro, Pt. Twp. Lot 164, West Side of Kalar Road. The report recommends that Council approve the application subject to Development Control, and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing. ORDERED on the motion of Alderman MacBain, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 81 - MACBAIN - MRRRETT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-157 for the rezoning of part of Township Lot 164, situated on the west side of Kalar Road,- conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Rousing; AND the Seal of the Corporation' be hereto affixed. Carried Unanimousl BY-LAW ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrerr, thai leave be granted to introduce the following by-law and the by-law be read a first time: No. 79-157 - A By-law to amend By-law No. 2350, 1959 of the former Township Stamford, now in the City of Niagara Palls, as amended. (AM-5/79, Niagara Falls Hydro) Carried Unanimous] ORDERED on the motion of Alderman Fern, seconded by Alderman Sobol, that the following by-law be now read a second and third time: No. 79-157 - A By-law to amend By-law No. 2350, 1959 of the former Township ot Stamford, now in the City of Niagara Palls, as amended. (AM-5/79, Niagara Palls Rydro) · Carried Unanim0usl~. It was moved by Alderman Merrett, seconded by Alderman Dilts that the n~ item under "Reports" be moved forward for consideration at this t~me. Carri Unanimously. Report No. 525 - City Manager - Re: Portage Road Bridge over R.E.P.C. Canal. The report provides information on cost estimates for repair of the subject bridge. It is recommended that the report be received and filed, or if Counc~.~ feels otherwise, that a committee of Council and staff and perhaps residents be established to look into the matter further. Alderman Herrerr felt that Council should establish the Committee to consider this matter further because of the importance of the bridge to the area residents. In response to a question raised by Alderman M~cBain, Mayor Thomson indicated that by establishing the Committee, Council was not suggesting at this time that funds be included in the 1980 budget for further details on the engineering and cost estimates for the repair and/or of the bridge. Alderman Herrerr offered to serve on this Committee. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that a committee be established of Council and staff and area residents to review the matter of the Portage Road Bridge over the H.E.P,C. Canal. Carried Unanimously. ' -9 - COMMUNICATIONS - Con't... No. 205 - Oxford, Brant, Haldimand/Norfolk Disaster Fund - Re: Request for Financial Assistance. The communication requests financial assistance for damage sustained by residents during a tornado in August. ORDERED on the motion of Alderman MacBain, seconded by Alderman Fera, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Dilts, Fern, Ninsperger, MacBain, Merrett, Puttick and Schisler. ~AYE: Aldermen Sobol and Wallman. No. 206 - Coalition on the Niagara Escarpment - Re: Niagara Escarpment Commission. The communication extends an invitation to meet with the Council to explain the objections of C.O.N.E. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Chessman, that the communication be received and filed, and a message of thanks be sent to the organization. Carried Unanimously. No. 207 - Mayor B. Franklin, City of Nepean - Re: Disaster Relief Assistance. The communication requests financial assistance for damage sustained by residents during a severe storm in July. ORDERED on the motion of Alderman MacBain, seconded by Alderman Merreltt, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cummings, Dilts, Fera, Hinsperger, MacBain, Herrerr, Puttick and Schisler. ~AYE: Aldermen Sobol and Wallman. No. 208 - Niagara Falls Canucks Jr. B Hockey Club - Re: 1979 Canucks Programme. The communication requests that the City take out an advertisement on the inside front cover of the 1979 Canucks programme. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the City place an advertisement in the 1979 Canucks Programme at a cost of $300.00. Carried Unanimously. No. 209 - Nabisco Foods - Re: Nabisco Foods/Niagara Falls Arena Parking Lot. The communication requests that Council consider the installation of additional lighting in the Nabisco Foods and Niagara Falls Arena patrons parking lot. ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 210 - Y.W.C.A. - Re: Invitation to Street Dance. The communication extends an invitation to the members of Council to attend a street dance to be held on Friday, September 24th, 1979 on Culp Street in conjunction with the City's 75th Anniversary celebrations. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Ninsperger, that the communication be received and filed, and as many members of Council as possible attend the function. Carried Unanimously. REPORTS No. 526 - City Clerk - Re: AM-12/77, Objection to Zoning Amendment By-law 79-124, Fortunato Augurusa. The report advises that one objection has been received as a result of circulating the subject zoning amendment by-law. ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that the City Clerk attempt to resolve the objection, failing which it be referred to the Ontario Municipal Board. Carried Unanimously. No. 527 - City Manager - Re: AM-41/78 and Official Plan Amendment No. 103, Dr. T. Morgan, Northwest Corner of O'Neil Street and St. Paul Avenue. The report advises that concern has been expressed by the Ministry of Culture and Recreation that the subject application fails to recognize heritage considerations. In response to a question raised by Alderman Fern, the Planning Director advised that the building involved in the subject application was not considered to be of historical significance. Alderman Merrett asked why this concern had not been expressed to the applicant prior to this time, since the application had been approved by Council three months previously. The Planning Director indicated that he suspected a local individual had - 10 - contacted the Ministry on this matter. The Planning Director stated that the Ministry was testing out a new policy of intervening in rezonings involving " buildings or area of historical significance, however he felt that Council would not attract an Ontario Municipal Board hearing if the report was received and filed. Alderman Cheesman stated that although he appreciated the Ministry's concern, he felt that communities could not remain in an unchanged state indefinitely. The Alderman pointed out that there are many communities in England which prove that such uses can be made compatible with existing surroundings. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 528 - Alderman N. Puttick - Re: Oktoberfest Niagara. The report advises that the City of Niagara Falls will have its first official Oktoberfest from October 5 - 20, 1979. Alderman Puttick distributed copies of a brochure prepared which outlined the various activities planned for Oktoberfest Niagara. The Alderman commended.~ those people involved in the preparation of the brochure and the planning of the various events scheduled. ORDERED on the motion of Alderman Puttick, seoonded by Alderman Cheasman, that the report be received and filed. Carried Unanimously. No. 529 - City Manager - Re: Proposed Regional Policy for the Preparation of Survey Plans for Land Dedication. The report recommends that Council indicate its approval of the proposed Regional policy for preparation of survey plans for land dedication, and that Council adopt a similar policy. The City Solicitor provided additional information in response to several questions raised by Mayor Thomson. ORDERED on the motion of Alderman MacBain, seconded by Alderman 'Hinsperger, that the policy be adopted in principle, subJef. i~to further discussion during Council's 1980 budget discussions. Carried Unanimously. No. 530 - City Manager - Re: Committee of Adjustment Application A-60/79, A. & Vandenbert, 13080 Montrose Road. The report advises that an application has be received for a minor variance for the purpose of extending a building which is presently used for a butcher shop and allowing the extended area to be used as slaughter house or abbatoir. In the staff review of the application, it was felt that such a use could be objectionable and should have the full review process of circulation, agency comments, Plan~ing Committee, staff and Council review, and further the Jurisdiction of the Committee to deal with the was questioned. The Planning Director reco~ended that this application be processed as a zoning amendment, since it was felt the Committee of Adjustment did not have Jurisdiction to approve an extension for a new use. The Planning Director provided additional information ~n response to several questions raised~ ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallman, that the subject application be processed as a zoning amendment. Carried No. 531 - City Manager - Re: Purchase of Rotary Mowers. The report recommends acceptance of tenders submitted by Turf Care Products and Blair Mower & Marine for the supply of rotary mowers for use in the Parks & Cemeteries Department. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See Resolution No. No. 532 - City Manager - Re: Fall Workshop, Ontario Chapter of Municipal The report recommends the attendance of the Purchasing A~ent at the subject to be held in Peterborough from October 17 - 19, 1979. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts~ that the report be received and adopted. Carried Unanimously. No. 533 - City Manager - Re: Contract G.C. 11-70, Sewer and Watermain Installat and Base Road Construction in Mount Forest Mark IlI Subdivision. The report reco~nends acceptance of the unit prices submitted by Caligiuri and Sons Construction and Excavating Limited for the subject contract. ORDERED on the motion of Alderman Fare, seconded by Alderman Cunmaings, that thee report be:received and adopted. Carried Unanimously. gee Resolution No. See'By-law No. - 11 - No. 534 - City }~nager - Re; Monroe Extensien 1 Proposed Subdivision. The report recommends approval of a request to grant a one year extension on the draft plan approval of the subject subdivision until November i0, 1980. Alderman Puttick asked if this was the subdivision containing the berm that had caused dust problems to area residents. The Director of Hunicipal Works indicated this was the subdivision involved, and the be~ had been placed at that location likely because there were materials available at the time that could be used for the harm. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the report he received and adopted. Carried Unanimously. No. 535 - City Manager - Re: Rainbow Gardens Proposed Subdivision. The report recommends approval of a request to grant a one year extension on the draft plan approval of the subject subdivision until October 10, 1980. ORDERED on the motion of Alderman Zheesman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 536 - City Manager - Ks: Sign By-laws. The report reconm~ends the establish- ment of a committee of the ~yor and members of Council to study the various sign by-laws in existence and make a recoFmendation back to Council. ~ ORDERED ~n the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously~ No. 537 - City Manager - Re: Revised Rules of Procedure on Restricted Area By-laws. The report advises of a new procedure to be followed whereby restricted area by-laws municipalities having an Official Plan in effect can either submit their zoning by-laws to the O.M.B. for approval or allow by-laws to come into effect without O.M.B. approval providing no objections have been received. Comprehensive zoning by-laws such as the draft Zoning By-law should still be submitted to the O.M.B. for approval as should all amendments to comprehensive by-laws which have not received O.M.B. approval. Zoning by-laws establishing use, density and development standards in proposed plans of subdivision should not be passed by Council until after draft plan approval. The report recommends that the Council direct the Clerk to give notice of zoning by-laws in accordance with Ontario Regulation 597/79 wherever appropriate and that Mayor Thomson be authorized to forward a letter of commendation to the Ministry of Housing for their efforts in expediting the processing of rezoning applications. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 538 - City Manager - Re: Sylvia Place Lot. The report recommends that the by-law controlling the employee section of the Sylvia Place lot be rescinded and that any funds paid to cover leased parking after the first quarter be refunded. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. - No. 539 - City Manager - Re: Grassybrook Park. The report recommends that the supply and erection of two steel bridges at Grassybrook Park be done by A-1 Steel Works at a cost of $18~758, plus any applicable taxes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 84 No. 540 - City I,~nager - Re: Niagara South Arena Glass. The report recommends that Rotomatic Display Products Ltd. be authorized to provide and install 6~ high 5/8" tempered glass at both ends of the Niagara South Arena. In response to a question raised by Alderman Puttick, the Projects and Services Engineer stated that the glass to be removed from the Niagara Falls Arena could be used on the one side at Niagara South, however the tender was for glass to be installed at both ends of the ice surface. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 85 No. 541 - City Manager - Re: Sale of Surplus Properties at 6142 and 6269 Burdette Drive. l~e report recommends that the Region be advised the City has no use for the subject properties. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. ..... 12 , ,/ No. 542 - City Manager - Re: Schedule of Council Meetings. The report recommends that Council resume the normal schedule of meetings with regular meetings every other Monday at 7:30 p.m. and General Committee sessions on the alternate Mondays. The regularly scheduled meeting for October 8th woui~ be held on October 9th due to Thanksgiving Day. ORDERED on the motion of Alderman Sobol, seconded by Alderman pilts, that report be received and adopted. Carried Unanimously. No. 543 - City Manager - Re: 106-4-N5-1 (Parking Structure), Brockfield Apartments, 5552 Heritage Drive, Site Plan Agreement. The report recommends approval of the subject site plan as submitted. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 544 - City Manager - Re: Watermain Installation on Sophia Street, Former Village of Chippawa. The report recommends that the City's share of the cos: of this watermain be financed from the severance impost fund Account #3302. In response to a question raised by Alderman Sobol, the Director of Municipal Works stated that only the firm of Covello Bros. Limited had been asked to quote a price on this work since he was already working on a City watermain contract on Main Street in Chippawa. Since the contractor was already on the site, the watermain installation on Sophia Street was considerS, to be au extension of the City's contract. Alderman Sobol stated that she realized it was practical, but she did ni! agree that only one person should be asked to bid on work for the sake of convenience. The Director of Municipal Works stated that he appreciated the Alderman's concern and explained further that the cost of the work would be ~1 paid through impost funds and not using City funds. No. 545 - Mayor Wayne Thomson - Re; "Man-A-Mile" Race. The report provides information on the "Man-A-lOLls" Race to be l~rid in conjunction with the City' 75th Anniversary celebrations, and suggests that members of Council considerif appointing a team to represent the City. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fore, that the report b~ received and filed.. Carried Unanimously. e o~ ~ ra 1 t provide fo rio bet ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the report be received and filed. Carried ~nanimously. No. 547 - City Clerk - Re: Consent Item. 1) Niagara South Hoard of Education - Re: New Assessment Equalization Factor!4 Recommendation - For the information of Council. 2) Secretary of State for External Affairs - Re: Canadian Aid to the Republil~ of Viet Nam. Recommendation - For the information of Council. ' 3) Regional Municipality of Niagara - Re: Comparison of Water Production and Sewage Flows by Municipality. Recommendation - For the information of Council. 4) Ministry of the Attorney General - Re: Ontario Court System. Recommendation - For the information of Council. 5) Niagara South Oldtimers Hockey Club - Re: Second Annual Niagara South Oldtimers Hockey Tournament. Recommendation - That permission be granted to operate a beer concession during the tournament, subject to similar approvals being obtained from the Niagara Falls Fire Dept., Niagara Regional Police, Health Unit and the L.L.B.O. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 548 - City Manager - Re~ Building Permits. The report provides informer on the permits issued by the Building & Development Department for the month August, 1979 as compared to 1978. ORDERED on the motion of Alderman Dilts, seconded hy Alderman Merrett, that the report be received and filed. parried Unanimously, No. 549 - City Manager - Re: Municipal Accounts. The report recon~ends of the municipal accounts. - 13 - The City Treasurer and City Manager provided information on CheGues #750, #752 and #872 in response to questions raised by Aldermen Puttick and Soboi, and information in general on grants in response to a ouestion raised by Alderman Merrett. ' ~ Alderman MacBain requested that in future, the accounts report also show the signature of the City Treasurer and his recommendation that the accounts be paid. The Alderman felt that since the Treasurer was the statutory officer responsible for the accounts, his recommendation should appear on the report to indicate that he had reviewed the accounts. The City Manager indicated that both he and the Treasurer reviewed the accounts prior to submission to Council, however the report would be prepared in the manner suggested by Alderman MacBain in the future. ORDERED on the motion of Alderman MacBain, seconded by Alderman Cummings, that the format of the accounts report be changed to include the City Treasurer's recommendation for payment and signature. Carried Unanimously. RESOLUTIONS No. 81 - SEE PAGE EIGHT No. 82 - MERRETT - DILTS - RESOLVED that the following quotations received for the supply or rotary mowers for use in the Parks & Cemeteries Department, be accepted: 1) Turf Care Products - 5 - 1979 Toro H.D. 25" Power Mowers Model #23205 2) Blair Mower & Marine - 6 - Lawn Boy H.D. 21" Rotary Mowers Model #6255 3) Blair Mower & Marine - 8 - 1979 Lawn-Boy Super Commercial 21" Rotary Mower Model #6278 $4,737.43 1,314.24 1,944.91 ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 83 - FERA- CUMMINGS - RESOLVED that the unit prices submitted by Caligiuri and Sons Construction and Excavating Limited for the installation of sewers and watermains and base road construction in Mount Forest Mark III Subdivision, be accepted at the tendered price of $69,823.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimo~slZ No. 84 - CDMMINGS - MERRETT ~ RESOLVED that the quotation submitted by A-1 Steel Works for the supply and erection of two steel bridges at Grassybrook Park, be accepted at the quoted price of $18,758.00 plus applicable taxes; AND the Seal of the Corporation be hereto affixed, Carried Unanimously No. 85 - CHEESMAN - M~RRETT - RESOLVED that the quotation submitted by Rotomatic Display Products Ltd. for the supply and installation of 6' high 5/8" tempered glass at both ends of the Niagara South Arena, be accepted at the quoted price of $10,331.79; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 86 - CUMMINGS - FERA - RESOLVED that a message of condolence be sent to the family of the late Mrs. Julia Mucicko, a respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried ~nanimous_~Z No. 8~ - FERA - MERRETT - RESOLVED that the Council of the Corporation of the City of Niagara Fails hereby certifies that By-law No. 79-154 for the rezoning of lands located on the west side of River Road between John Street and Philip Street, will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, once Amendment No. 108 is approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed, Carried Unanimousl~ Y .LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-la~s be read a first time: No. 79-156 - SEE PAGE FIVE No. 79-157 - SEE PAGE EIGHT No. 79-158 - A By-law to authorize the execution of an agreement with Calagui, & Sons Construction and Excavating Ltd. for the construction of underground services in the Mount Forest Mark III Subdivision. No. 79-159 - A By-law to close a portion of Cnlp Street to vehicular traffic- a temporary basis. No. 79-160 - A By-law to allow the maintaining and using of a building which encroaches on Ash Street. No. 79-161 - A By-law to provide monies for general purposes. Carried Unanimous' ORDERED on the motion of Alderman Fore, seconded by Alderman Cummings, that t' following by-laws be now read a second and third time: No. 79-156 - SEE PAGE FIVE No. 79-157 - SEE FAGE EIGHT No. 79-158 - A By-law to authorize the execution of an agreement with Calagm & Sons Construction and Excavating Ltd. for the construction of underground services in the Mount Forest Mark III Subdivision. No. 79-159 - A By-law to close a portion of Culp Street to vehicular traffic~ a temporary basis. No. 79-160 - A By-law to allow the maintaining and using of a building which encroaches on Ash Street. No. 79-161 - A By-law to provide monies for g~fieral purposes. J. Carried Unanim0u!~ ~ NEW BUSINESS PARKING SPACES _.L -.. . .. Alderman Chessman questioned the specifications on parking spaces and the method used in determining the number of parking spaces required for vari developments. As an example, the Alderman stated that in Maple Leaf Village he suspected the number of spaces actually provided and the number of spaces calculated and shown on the site plan differed quite a bit. Alderman Chess made reference to the change in parking approved in the site plan for ~he Brockfield Apartments dealt with earlier by Council. Mayor Thomson explainet!~ that on the Brockfield Apartments, the change was required because of faulty construction of the parking ramp, and it was only necessary to replace si~ parking spaces. The Mayor also explained that the lot to the rear of the L,C,B,O, outlet was provided by the owners of that building, The Parking Committee co-ordinates parking in that area, and posts and bumper guards wer~.i removed to provide additional parking over and above that required for the a requirement of the L,C.B,O, that trucks back up to the rear door h . which requires a great deal of apace, Parking for such developments is requ~ under the zoning by-law, and steps have been taken to show the parking requirements in the draft zoning by-law more clearly. The Planning Director provided additional information on this aspect of parking requirements. in response to a question raised by the Mayor, the Projects & Services Engineer.! explained that site inspections of parking requirements were carried out by the Building & Development Department, however he could not comment on the procedures followed in these inspections. LOCAL IMPROVEMENTS - SHIRLEY AVENEE_AREA Alderman Nerrett advised that he had received numerous calls from living in the Shirley Avenue/Scott Street area concerning charges for storm! and curbs and gutters constructed as local improvements. The Alderman asked an explanation could be provided to the residents in the area 'of the charges - 15 - The City Clerk advised that all property owners were notified of the City's intention to construct the local improvements and the residents had an opportunity to object at that time. The City Clerk also indicated that he would supply the residents with an explanation and a copy of the original notices that had been sent out. GARAGE SALES Alderman Merrett advised that with the growing popularity of garage sales, has also come the abuse of this practice by certain individuals who are actually selling merchandise out of their garages. The Alderman felt that the time had come for the City's Legal Department to check on problems of this nature. Mayor Thomson advised that this situation has occurred in the past, and once the individuals involved had been advised of the fact they would require a business licence and would also have to collect sales tax on the merchandise sold, this had usually been the solution to the complaints received. The City Clerk provided additional information on this matter, and indicated that he would discuss the problem further with the City Solicitor. MONTHLY COMPUTER RUN OF CITY ACCOUNTS Alderman Merrett asked if the Treasury Department produced a monthly computer run of the various City accounts. The City Treasurer advised that ~ there were weekly and bi-weekly runs made of the various accounts. In response to a question raised by Alderman MerEerr, Mayor Thomson advised that the Finance Committee was told this information was available for their perusal at any time. Once the Committee has some free time available, the }~yor indicated this information would be studied on a regular basis. PARKING METERS Alderman Marrett asked if the new meters had been ordered for the areas in front of the City Hall and the new Library. The Projects & Services Engineer stated that the meters were on order and that he would check with the supplier on the delivery dates. ROLLER RINK ON DRITMMOND ROAD Alderman C,,mmtngs stated that he had received calls regarding the new roller skating rink on Drummond Road. While the Alderman agreed this type of facility was needed in the City, he pointed out there were many complaints about noise, loitering and beer bottles littering the parking lot. ~yor Thomson advised that he had aCtended the opening night of the facility and had noticed several of the problems mentioned by Alderman Cummings. The operator of the facility will be arranging to have off-duty police offiders there on a regular basis in an effort to eliminate these problems. Alderman Merrett whose business offices are located on the opposite side of Drummond Road, indicated that he had become aware of these problems and had discussed the matter with the Regional Police would be increasing their patrols in the area. INTERSECTION OF KITCtlENER STREET AND MACDONALD AVENUE Alderman Puttick advised that he had received complaints from residents in the area of Kitchener Street and MacDonald Avenue about the speeding of cars approaching the Q.E.W. Drivers apparently are ignoring the stop sign and are speeding down MacDonald to get through the green light at the Q.E.W. The Alderman advised that the residents were suggesting the use of a four-way stop at this intersection to solve the problem. It was moved by Alderman Puttick, seconded by Alderman Cheesman, that the matter be referred to staff for the preparation of a report. Carried Unanimously. TRAFFIC LIGHTS AT THOROLD STONE ROAD AND STANLEY AVENUE Alderman Puttick commented on the fact the Region was installing traffic lights st the intersection of Thorold Stone Road and Stanley Avenue, and pointed out that he had been told traffic lights were not required at this intersection in response to an earlier inquiry. The Maintenance & Operations Engineer advised that traffic has increased to the point where signals are warranted at this intersection. The Director of Municipal Works also advised that the Aldermanes inquiry had been referred to the Region, and the use of lights was the result of the Region's investigation. STAIRWAy BETWEEN BUSINESSES ON FERRY STREET AND LOBLAWS PARKING LOT Alderman Puttick advised that he had spoken to various individuals who shopped in the Main and Ferry business area about the poesibility of having - 16 - a stairway or ramp constructed between the businesses on Ferry Street and the Loblaws parking lot on .Main Street. The Alderman pointed out that this would not only be a convenience to pedestrians coming off Ferry Street by not having to walk up and around the corner at Main Street, but would also provide a means of access for the customers of Loblaws to the businesses on Ferry Street. Mayor ~lomson stated that the Parking Committee had considere~ the possibility of installing a driveway ramp in this area, however since the lands in question were privately owned, such attempts had been unsuccessful. The Mayor did indicate that the property owners could be approached on this matter again. CITY GOLF TOURNAMENT Alderman Merrett congratulated Mayor Thomson for having the low net sc0r. at the City Council Golf Tournament held on the weekend. Mayor Thomson comme~ ~ that the touranment had been very well attended and noted that this would be.~ annual event in the future. PARKING AT NIAGARA SOUTH RECREATION COMPLEX Mayor Thomson stated that a Blue Grass Festival had been held at the Niagara South Recreation Complex recently, and there had been a parking probl~ during the event. Cars had apparently been parked on the yards of adjacent property owners and these persons would like something to be done by the City to prohibit such problems in the future. The Mayor suggested that snow fenc~ could be used as a temporary solution to the problem, however some thought should be given to a permanent solution in the future. It was moved by Aldem~' Wallman, seconded by Alderman Dilts, that the matter be referred to staff f0~ the preparation of a report for a permanent solution, and further that the problem be temporarily solved with the use of snow fencing. Carried Unanim0~' It was moved by Alderman Sobol, seconded..~by Alderman Chessman, that the meeting adjourn. Carried Unanimously. ~.a~ RF~D AND ADOPTED, MAYOR WAYNE THOMSON TWENTY-EIGHTH MEETING Council Chambers September 17, 1979 SPECIAL MEETING Council met on Monday, September 17~ 1979 following a meeting of the General Committee. All members of Council were present with the exception of Alderman MacBain. His Worship, Mayor Thomson presided as Chairman. RATIFICATION OF GENERAL COmmITTEE DECISIONS EXPANSION OF OAKES DRIVE MOTEL Report No. 550 - City I-~nager - Re: Site Plan Approval, Oakes Drive Notel. The report recommends approval of the subject Site Plan as submitted. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. JACK BELL ARENA - IMPROVEMENTS TO MEZZANINE AREA It was moved by Alderman Orr, seconded by Alderman Hinsoerger, that-the City proceed with improvements to the Jack Bell Arena mezzanine at the tendered cost of $42,008.00, with the City contributing $7,000.00 and the balance of $35,008.00 being contributed by the Greater Niagara Minor Eockey Association. Carried Unanimously. REPORTS No. 551 - City ~nager - Re: Sale of Lots 4 and 5 -- Falls Industrial Park Extension. The report reconunends: 1) That Council authorize the sale of Lots 4 and 5 to ~!ph Powell, In Trust, at a total cost of $86,939; 2) That the Legal Department be authorized to finalize the necessary documents for this transaction; 3) That the usual condition of requiring Council's approval of any re-sale within 5 years of the date of the sale, will not apply to the sale of these lands to a Company now being incorporated by the persons in whose favour Mr. Powell is purchasing for "In Trust"; and 4) That the necessary by-law be given three readings. The City Manager advised that a group of Canadian businessmen represented by Mr. Ralph Powell, In Trust, have purchased 10.5 acres of land adjacent to Lots 4 and 5 in the Falls Industrial Park Extension, a~d wish to 9urchase these two lots for an industrial plant and offices. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. S~.e_~ByT. law No. 79-162 · No. 552 - City Manager - Re: Reserve for Lot 35, Falls Industrial Park Extension. 'The report recommends approval of a request for a reserve on Lot 35 in the Falls Industrial Park Extension by Mr. Ralph Powell, acting "In Trust" for the purchasers. of Lots 4 and 5, as outlined in Report No, 551, until October lst~, 1980. ORI)ERBD on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. BY-LAW ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 79-162 - A By-law to authorize the sale of land in the Falls Industrial Park Extension. (Lots 4 & 5 - Ralph Powell "In Trust") Carried Unanimous.l~. ORDERED on the motion of Alderman Fern, seconded by Aldsrman Sobol, that the by-law be now read a second and third time: No. 79-162 - A By-law to authorize the sale of land in the Falls Industrial Park Extension. (Lots 4 & 5 - Ralph Powell "In Trust") Carried Unanimously -2- NEW BUSINESS BUSINESS & INDUSTRIAL GROWTH AGENCY TOUR The City Manager announced that a tour had been arranged by the Niagara Falls Business & Industrial Growth Agency of the Falls Industrial Park and the Falls Industrial Park'Extension on Tuesday, September 25, 1979. It was further advised that there would be a bus at the City Hall at 4:30 p.m. to take the members of Council and the Agency on the tour. MESSAGE OF CONDOLENCE It was moved by Alderman Sobol, seconded by Alderman Dilts, that a messag of condolence be sent to the family of the late Albert Shennan, former Chief of Police of the Niagara Regional Police. Carried Unanimously. MESSAGE OF CONDOLENCE It was moved by Alderman Rinsperger, seconded by Alderman Merritt, that a message of condolence be sent to the family of the late Mrs. Agnes Monaghan a respected member of the community. Carried Unanimously. VISIT BY LORD MAYOR JOCKEL FUCHS, MAINZ, WEST GERMANY Mayor Thomson advised that Lord Mayor Jockel Fuchs of MAinz, West Germa~ was planning a visit to Niagara Falls in the near future· The Mayor advised that it was proposed to have a short meeting in the City Council Chambers to welcome Lord Mayor Fuchs, followed by a short reception. RESIGNATION OF MR. A.R. MACKLEM FROM PLANNING & DEVELOPMENT CO~ITTEE Mayor Thomson advised that he had received Mr. A. Macklem's resignation from the Planning & Development Committee due to health reasons. It was by Alderman Chessman, seconded by Alderman SobS, that the resignation be accepted with regret, and that a letter of appreciation he sent to Mr. Mackl~ for his services to the City. Carried Unanimously. PARKING ON PITTON ROAD Alderman Chessman requested that an investigation be made of parking conditions on Pitton Road south of Catalina Street. It was moved by Alderman Cheesmn, seconded by Alderman Sobol, that the matter be referred to Staff for the preparation of a report. Carried Unapimously. METHANE GAS - HOUCK PARK Alderman Cummings advised that he had received an inquiry regarding testing at Houck Park for methane gas. The Director of Municipal Works advised that there will be a report presented to Council shortly on this matter. PAIlKING ON KITCHENER STREET Alderman Fera requested that a report be prepared on the feasibility of permitting ~arking on Kitebauer Street in the area of the Medical Professi.~ Building. LEISURE AGTIVITIES DIRECTORY Alderman Cummings advised of the recently completed Leisure Activities Directory of the Recreation Commission, which had been prepared in with the Niagara Fails Y.W.C.A., the Niagara Palls Family Y.M.C.A., the Niag Falls Public Library, Niagara South Board of Education, Boys & Girls Club of Niagara and the Greater Niagara Senior Citizens Association. Alderman Cummings indicated that the brochure would be distributed to 25,000 homes the City at a cost of $4,500. PROPERTY AT 4454 SIMCOE STREET Alderman Merrett advised that he had received complaints about a vacant lot on Simcoe Street, where an apartment buildinB had been demolished a year earlier following a fire. The Alderman advised that in addition to the weeds the property, it was littered with debris from the fire. While City Hall had -3- been called previously about the weeds, they had not been cut. The residents in the area were also experiencing problems with storm water run-off from this property following the recent heavy rains. The Director of Municipal Works indicated that he would check into the matter. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, J TWENTf-NINTH MEETING Committee Room #1 September 24, 1979 COMiMITTEE OF THE WHOLE Council met on Monday, September 24, 1979 at 6:30 p.m. in Committee of the Whole. All members of Council were present. Alderman Dilts presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. RF~ AND ADOPTED, OLLINSONZ CITY CLERK MAYOR WAYNE THOMSON Council Chambers September 24, 1979 Council met on Monday, September 24, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present· His Worship, Mayor Thomson presided as Chairman. Alderman Cheesman offered the Opening Prayer. ADOPTION OF MINUTES The City Clerk advised that the minutes of the meeting held on September 10, 1979, had been distributed and could be adopted if Council so wished. ~yor Thomson suggested that more time be allowed for the members of Council to read the minutes, and that the minutes be submitted for adoption at the next regular meeting. DEPUTATION MRS. D. JONES - LOCAL IMEROVEM~NTS ON SHIRLEY AVENUE Mayor Thomson advised that there had been severaI meetings held on this matter during the past week, and it had been agreed there would be an extension of the time for which full payment of local improvement charges could be made. The time period had been extended from October 13th to the end of January, 1980. The City Treasurer advised that the Region would not be selling its debentures until mid-March, and the City could wait until the end of January for those residents wishing to make full payment of the charges. Mrs. D. Jones was granted permission to address Council on the motion of AJderman Merrett, seconded by Alderman Cummings. Mrs. Jones advised that there were residents present who were not new home buyers, and that not all persons were residents of Shirley Avenue· Mrs. Jones stated that the residents had called their lawyers and asked if they could prepare a letter which says that they had searched the titles of their properties and on checking with the City, had been told there were no local in~rovements charged against the land. When the bills for this work were received, the previous owners~ names were crossed out and the new ownerst names were inserted. Mrs. Jones stated that she had not been told of these outstanding charges when she purchased her home, and she felt the bills should be sent to the previous owners. It had been explained at the Court of Revision that the residents on Shirley Avenue had signed petitlena requesting that the sewers be installed, and for that reason Mrs. Jones felt the new owners should not be expscted to pay the cost. The City Clerk stated that the City was eympathetic to the position of the residents, however there was very little that could be done about their complaints. The previous o~ners cannot be billed because they no longer own the properties. Local improvements are charged against the land and the previous owners no longer own the land. It was agreed that many of the new o~mers had no earlier indication that there were local improvements assessed against the lands. Some o~ the .°°°°2 local improvements go back many years. The City Clerk explained that the sts~ sewer on Shirley Avenue was originally petitioned in 1974 by the residents. procedure followed after receipt of the petition involves a report reconmaendi.~ the work be done, two readings of a by-law to authorize the work and notifica~ to the residents who will be assessed. Notices were sent out advising that t! City intended to construct certain works and the residents were then given an opportunity to object.' If no objections are received, the City proceeds with the work. When all costs are known, the City again notifies the residents of the costs, and they are given a period of six weeks to pay the entire costs. The City Clerk stated that there was a time lapse involved between completion of the work and final notification of the costs, during which persons the properties involved would not have knowledge of the local improvement pending. Although the owners' solicitors would receive a tax certificate ire the City indicating whether or not there were taxes owing, the local improvemd charges would not show since they cannot be added to the tax rolls until afte: the Court of Revision is held. The City Clerk advised that there was one way solicitor could have datermined whether or not local improvement charges were pending, and that was by specifically requesting this information. In this respect, the City Treasurer had suggested a new procedure whereby the City Clerk's Department, the Treasury Department and the Engineering Department we; have a copy of a list of all properties involved in future local improvement charges that would be available for public use at all times. The City Clerk also suggested that lawyers acting in property transactions specifically this information when inquiring about property taxes. Mrs. Jones provided copies of letters from some of the lawyers who had acted on behalf of several new home buyers which stated that the lawyers had not been advised of the pending local improvement charges. The City Clerk noted that the requests made of City Hall by the lawyers was for tax information. At the date of the requests, the local improvement charges had not been added to the tax roll and the exact amounts pending would not have been available at that time. Mrs. Jones commented that it took over t~ee years for the charges on the storm sewer to be billed to the property owners. At the Court of Revision hearing, the residents were advised that these bills are delayed in the Engine Department for some time, so that even if someone specifically requested this information, it would not have been available. Mrs. Jones felt it was wrong and possibly illegal for the City to have crossed the previous owners' names off the bills and substituted the new owners' names instead. Mrs. Jones felt the new owners should have been told of these pending charges, and should be given a longer period of time to pay the bills. The City Clerk noted that the life expectancy of the work done was twent~ years, and that the new owners, if they remain in their houses, would be the' chief beneficiaries of the services. Mrs. Jones stated that she had not req that this work be done, nor did she own the property when construction took p~ Mrs. Jones reiterated that she had not been told of these charges when she h' inquired about the taxes, and had assumed as most people do, that the cost of such work was included in the taxes. The City Clerk stressed that this information was available if the solicitors had asked for it. It was also explained that the owners were not paying the whole cost of'this work, and fact the Municipality was paying for fifty per cent of the cost. -The Director of Municipal Works explained that the owners are charged sixty per cent and t~ Municipality pays the remaining forty per cent. In addition to that fort~ per cent, reductions on flankages must also be taken into consideration as as the cost of constructing the services on those portions of property owned by the City. This brings the City's share of the total construction cost up to fifty per cent. Although the City does receive subsidy on its share, the M.T.C. will not subsidize local improvement contributions. In response to a further question raised by Mrs, Jones, the City Clerk stated that a solicitor acting in a property transaction should ask if there are local improvement charges pending since he is being paid to determine if there are nutstanding charges against the property, In response to a question raised by Alderman Puttick, the City Treasurer stated that this is a case of "buyer'be ware". It is up Co the individual or his realtor to come to City Hall before signing an offer to purchase in order to determine as much as possible about the property. Even at the tax certific stage the buyer is too late. The City Treasurer explained that this would be made available at either his Department, the Clerk~s Department or the Engineering Department. In addition, the Treasury Department will notify of pending charges on the tax certificate. This certificate which normally -3- shows that taxes are paid up to December 31st of the previous year, will also include such additional information as the current year's taxes and any pending local improvement charges. The City Treasurer advised that this procedure will create a lot of extra work in his Department, and pointed out that tax certificates are handled by one clerk. The Treasurer again cautioned buyers to check such information out before making an offer to purchase. In response to a question raised by Alderman Merrett, the Deputy City Solicitor stated that most agreements of purchase stipulate that taxes and local improvements are to be adjusted to the date of closing. It is up to the solicitor not only to make sure what taxes there are, but any pending charges there may be. Once a solicitor determines there are local improvement charges, they should be adjusted to the date of closing. Alderman Merrett felt that some consideration should be given to these residents since the local improvement information had not been made available. The Alderman suggested that the situation could be made easier by extending the payment period. Mayor Thomson pointed out that the residents have the choice of paying the full amount or extending the payment over a ten year period. Alderman Merrett stated that there were interest charges involved in · the longer payment period and suggested that the full payment period be extended several more months. The City Treasurer stated that the City must notify the Region of the exact balance remaining to be debentured, and that is why a specific cut-off date is required. Since the Region will be selling debentures in March, the cut-off period could not be extended past the first of February. Mr. R. ~achs of Heximer Avenue stated that he had his lawye~ call City Hall and ask if the local improvement information should have been added to the tax information, and he was told it should have been ~dded. Since the City's mistake was admitted, Mr. Zachs did not feel the residents should h~ve to pay for it. Mr. Zachs also stated that the work on Heximer was completed over two years previously, and he felt that two and a half years was an excessive period of time to finally bill the residents. The Director of Municipal Works explained that it takes at least a year to get all the information on the entire programme together in order to determine the final charges. The Court of Revision is usually held in the Fall, however in the case of Heximer Avenue, the employee who prepares the final costing suffered a heart attack resulting in the final costing being carried over into the next year. The Director of Municipal Works further stated that if an inquiry is received, his Department would indicate whether or not local improvement charges were pending. Mr. Zachs stated that he had been told at the Court of Revision that even if a person asked for this information, he would be passed from one person to another and would not get the information. The Director of Municipal Works stated that his Department has this information, and it is available upon request. Alderman Merrett suggested that a letter could be sent to the local bar association and real estate association suggesting that their members be sure to check the local improvement information that will be made available for public inspection at the City Hall. The City Treasurer stated that a meeting has been arranged with representatives of these agencies on several other matters, and that this item could also be discussed at that time. Mayor Thomson suggested that the question of extending the full payment period be referred to staff and that a report be submitted at the next regular meeting. The Mayor invited the residents to attend the meeting on October 9th when this matter will again be considered. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Dilts, that the matter be referred to staff for the preparation of a report to be considered at the next regular meeting of Council. Carried Unanimously.' UNFINISHED BUSINESS STANDARDS OF PERFORMANCE - OFFICE OF THE CITY MANAGER Report No. 553 - His Worship, Mayor Thomson - The report recommends that Alderman A.A. MacBain, Alderman W.A. Einsperger, Alderman B. Merrett and Alderman C. Chessman with the Mayor acting in an ex-officio capacity, be appointed as a Performance Evaluation Work Group to review the standards -4- of performance of the office of City Manager, and further that the group be asked to hold its first meeting during the week of September 24th, 1979 to appoint a chairman and to initiate their responsibilities as quickly as possible. The report further recon~nends that the communication of the City Manager dated September 17th outlining how his office intends to meet the guidelines contained in the report of Stevenson & Kellogg, be referred to the Performance Evaluation Group for its consideration. Mayor Thomson pointed out that he had wished to be a member of the Performance Evaluation Group and not nerve only in an ex-officio capacity as outlined in the report. Mayor Thomson also asked if there was any reason the City Manager's letter referred to in the report, could not be given to the presn. Alderman Puttick could see no reason the letter could not be madei public information. The Alderman conmented that he could not see much changed! from procedure in the ~ity Manager's letter, however he suggested it be evaluated by the Work Group as soon as possible. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, t~ the report be received and adopted and further that copies of the Stevenson Kellogg report and the letter of the City Manager be made available to the p~ Carried Unanimously. . BILL 29 - AN ACT TO PROVIDE FOR MUNICIPAL HYDRO-ELECTRIC SERVICE IN THE REGIONAL MUNICIPALITY OF NIAGARA Report No. 554 - City Manager - The report requestn that Council make the netcanary appointments for the Niagara Falln Hydro Commission for the term commencing January 1st and ending November 30th, 1980. In renponse to a question raised by Alderman Schislar, Mr. G. Buriey advised that under Bill 29, it is proposed that the new Commission will take in Chippaws and all of the rural areas prenently served by other authorities.{~,~ It was noted that there had been no applications received from an individual wishing to serve on the new Commis&~on, representing the area of the City that is not presently covered by the Niagara Falls Hydro Comminsion~ or the Chippawa Public Utilities Comminsion. Mayor Thomson suggested that an opportunity to apply. Alderman Schisler noted that any press the matter will create discunsion in these areas of the City and could generate some interest in the appointment. The Alderman indicated that both he and Alderman Wallman could speak to residents in the Willoughby and Crowl~ areas of the City interested in serving in such a capacity. Following a vote by secret ballot, the following persons were appointed to the new Niagara Falls Rydro Commission: )~. J. Wintort, )~. A. Somerville! and Mr. G. Prate. It was moved by Alderman Hinnperger, seconded by Alderman Schisler, the{ the remaining appointment bs deferred for two weekn. Carried Unanimouely. It was moved by Alderman Schisler, seconded by Alderman Orr,'that items' #4~ #5, #18 and #19 under "Reports" be moved forward for consideration a~_th~ time. Carried Unanimously. c, REPORTS No. 555 - City Clerk - Re: A~26/78, Objections to Zoning Amendment By-law N0. 79-136, M. Aiello. The report advises that as a result of circulation of the subject by-law, a petition bearing 17 signaturen, an appeal by Mr. B. Sinclair on behalf of Mr. M. MacGillivray and a letter from Loons Grocery, were received in objection to the application. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the objections be referred to the Ontario Municipal Board. Carried Unanim0 No. 556 · City Clerk - Re: AM-11/?9~ Objections to Zoning Amendment By-law No. 79-154, G. & A. Romeo Construction Limited. The report advises that as a result of circulation of the subject by-law, three letters in and favour several letters and a petition opposing the application were received. Mr. A. Smith was 8ranted permission to address Council on the motion Alderman Sobol$ seconded by Alderman C~mm{ngs. Mr. Smith commented that he -5- was still strongly opposed to the application and felt it would be a serious mistake to allow a building to be constructed at that location. Mr. Smith commented on the stability of the rock structure in this area, and warned that if part of River Road were to collapse because of the construction of this proposal, it would cause a break in the most famous park system in Canada. Mr. Smith asked that the matter be settled in the City and not be referred to the Ontario Municipal Board. Alderman Puttick asked Mr. Smith to supply the source of his information regarding the stability of the rock structure in the area, and suggested that this information could be referred to Mr. J. Harris of the Niagara Parks Commission Engineering Department for study. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the letters in favour and in opposition, be referred to the Ontario Municipal Board. The motion Carried with Aldermen ~cBain, Sobol and Wallman voting contrary, and all others voting in fayour. Communication No. 211 - Mr. Marcel Dionne - The communication advises that Marcel Dionne Enterprises Limited has disassociated itself with the Niagara River Inn project on River Road. ORDERED on the motion of Alderman b~cBain, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. Report No. 557 - City Manager - Re: Flooding in the City of Niagara Fails on September 14, 1979. The report recommends: 1) That a notice be placed in the news media indicating that comments will be received from persons affected by the storm of September 14th, 1979 at the special Council meeting on October 1st, 1979. The intent of the special meeting would be to gain input from the persons affected by the storm so that thin information can be properly evaluated by staff; and 2) That the special meeting of October 29, 1979 be set aside to receive the staff report on this matter. Mr. R. Lococo of Rousseau Place was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Fera. Mr. Lococo commented that the study carried out several years ago on basement flooding complaints was in some respects inaccurate, and asked if there was any way an outside firm could be retained to investigate the problem further. Mr. Lococo mentioned several areas of the report he considered to be inaccurate, such as the frequency of such floodings and the amount of rainfall before flooding occurs, and suggested that with the use of an outside agency, these inaccuracies could be cleared up. The Director of Municipal Works felt that making such a broad statement about the report being inaccurate was unfair, however he nuggested that the possibility of hiring outside services to investigate the problem further could be discussed by Council at the October 1st meeting. Several other residents commented on the report and expressed their views and complaints on the problems they have experienced with basement flooding. Mayor Thomson stated that a meeting had been arranged to discuss the entire matter, and suggested that the discussion continue at that time. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Cu~waings, that the report be received and adopted. Carried Unanimounly. Communication No. 212 - N.P.H.B. Land Developments Limited - Re: Ancot Woods Extension No. 1. The communication requests that the developer be allowed to Join a contract already tendered and accepted for the servicing of thirty-six semi lots in the subject nubdivision. Report No. 558 - City Manager - Re: Underground Servicing of Ascot Woods Extension 1. The report recommends that the requent of N.P.H.B. Land Developments Limited be approved 'and that the unit prices of Contract G.C. 12-79 be extended to include the underground installations in the subject subdivision. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the request be approved, and the report received and adopted. Carried Unanimously. NOTE; Alderman MacBain declared a conflict of interest and abstained from voting on this matter. COMMUNICATIONS NO. 213 - Residents of Main Street (Chippawa) - Re: City Property at Rear of 4071 Main gtreet. The communication requests that Couucil have Mr. Mingle - 6 - 7 clean up the property and not be allowed to build on the property again higher equalized assessment for rural municipalities attracting a higher unless proper sanitary outlets are installed, or to lease the property to ~ degree of taxation. The Alderman felt that the Province should look closely Mr. Nick Ruskoff who owns the property at 4071 Main Street adjacent to the at what lands were being farmed and what lands were being held for speculation. property in question. Alderman Schisler felt that developers holding land for speculation should pay taxes and that farmers trying to make a living from their lands should Alderman Macgain asked if authority should be given to terminate the leaii not be penalized. of the lands if the City is not successful in having Mr. Mingle clear the ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that property as requested. Mayor Thomson felt such action was too harsh, and the report be referred to staff for a report on the impact of equalization as suggested that Mr. Mingle first be requested to clear the property, and if it affects the City of Niagara Falls. Carried Unanimousiv. appropriate action is not taken, Council could proceed with further action. -- · ORDERED on the motion of Alderman MacBain, seconded by Alderman Hinsperger, No. 217 - Regional Municipality of Niagara - Re: City of Niagara Falls Stop that Council request the property be cleared of all debris including piles Sign By-law No. 79-77. The communication advises that items lt3(a), ll3(b), and footings, and that a report be prepared regarding the future disposition 114 (a), l14(b), 115(a) and llS(b) of By-law 79-77 have not been approved by of those lands owned by the City and situated between Sophia and Greenwood the Regional Public Works & Utilities Committee, and that the remaining items Streets. Carried Unanimously. of the by-law have been approved. No. 214 - Heart Niagara - Re: Fund Raising Day. The communication requests The City Clerk advised that a further letter has been received from the permission to collect money in an organized fashion f~om motorists at collect/. Region indicating that the matter will receive additional consideration by points where sufficient number of vehicles congregate, i.e. main traffic lighn ~ the Regional Public Works & Utilities Committee on September 27, 1979. shopping plazas, etc. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. Alderman Merrett commented that he had been in other municipalities where this type of soliciting takes place, and he had found it to cause No. 218 - Mr. P. Grandoni - Re: Official Plan Amendment No. 71. The communication traffic congestion. The Alderman stated that he would be in favour of the expresses objection to the text changes as proposed in Items one and two, request if the soliciting did not involve major intersections. ~ Part Fifty-five of Official Plan ~mendment No. 71. AND Mayor Thomson advised that a com~nittee had been set up with staff and No. 219 - Mr. P. Grandoni - Re: City of Niagara Falls Zoning By-law. The representatives of Heart Niagara, the Lions Club and Regional Police to communication makes certain objections and recommendations on the City of co-ordinate the operation. The Mayor stated that every attempt would be made Niagara Falls Draft Zoning By-law. ' to minimize the effects on traffic, and hopefully the committee could cut d0z ! AND to a minimum the bother to anybody involved. Mayor Thomson also pointed out ~ No. 220 - Mr. P. Grandoni - Re: Marisa Subdivision. The communication obJegts that this organization was badly in need of funds, and it was hoped that there ~ to the registration and final approval of the subject subdivision. were enough volunteers involved to make the project work. ! AND __ ~ No. 221 - Mr. P. Grandoni - Re: West Meadow Subdivision. The communication It was moved by Alderman Fera, seconded by Alderman Puttick, that the objects to the registration and final approval of the subject subdivision. request be approved. The motion was Defeated with the following vote: ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the AYE: Aldermen Dilts, Fera, Orr, Puttick and Schisler. ; communications be referred to the Planning & Development Committee. Carried ~AYE:. Aldermen Cheesmmn, Cvmm~ngs, Hinsperger, Macgain, Herrerr, Sobol and ~ Unanimously. -' Wallman.- ~ No. 222 - Greater Niagara General Hospital - Re: Proposed Bed Cuts. The Alderman MacBain suggested that this committee meet with Heart Niagara { communication requests the support of the City in protesting imposed bed cuts representatives and attempt to work out another method of collecting donations ~ and requesting a review of Provincial priorities. Mayor Thomson indicated that he would call th~ persons involved and discuss ~ ORDERED on the motion of Alderman Fera, seconded by ~lderman Hinsperger, that the matter further. 4 the position of the Greater Niagara General Hospital be endorsed and the appropriate parties notified accordingly. Carried Unanimously. No. 215 - Regional Municipality of Niagara - Re: Bridge over HEPC Canal, Port~ ? Road. The communication requests the comments of the Municipality on a rep0r~ ' No. 223 - City of Thorold - Re: Niagara Regional Police. The communication outlining different steps to be taken to alleviate the present rate of. ~ requests endorsement of a resolution requesting consideration by the Province deterioration of the bridge and reduce maintenance costs. ~ of the establishment of a local police force. ~ ~ ORDERED on the motion of Alderman Chessman, seconded by Alderman Htnsperger, Alderman Merrett felt it was amusing that the Region was considering buyi that the communication be received and filed. Carried Unanimously. a tractor to maintain one bridge. ' ~[ No. 224 - Ministry of Housing - Re: Ontario Rome Renewal Program, Fiscal Year Alderman Dilts stated that he was tired of reading reports on this bridge ~ 1979-80 Allocation, Additional Advance. The communication advises that when Council had been told months ago by qualified people that the structure ~ municipal requests for funding under this year's program have exceeded the was unsafe. The Alderman felt that Council should make a decision soon on Provincial budget, and the City's application cannot be fulfilleh at this time. closing the bridge and start listening to the engineers.. Mayor Thomson ~ The communication states that the dollar value of the Municipality's loan explained that the decision was made to have the bridge remain open because ~ commitments to homeowners must not exceed the available OHRP funds which it of the businesses north of the bridge. Since a committee was recently /~ has on hand. established to deal with this matter, the ~yor felt it would be unfair to ORDERED on the motion of Alderman Chessman, seconded by Alderman Cunu~ings~ simply make a decision on closing the bridge without considering the matter that the communication be received and filed. Carried Unanimously. further. Alderman Dilts stated that whatever decision was made, it should be made as soon as possible because the winter season was approaching. No. 225 - Renaissance Family Institute - Re: Family Day, Parents'Manifesto on ORDERED on the motion of Alderman Merrett, seconded by Alderman b~cBain, that Schools. The communication requests that Council proclaim October 14, 1979 the communication be referred to staff for the preparation of a report. , as Family Day, and that the municipality comment on the Parents~ Manifesto on Carried Unanimously. Schools. No. 216 - Regional Municipality of NiaRara - Re: New Equalization ~ Alderman Chessman commented that if Council endorsed the first request, Factors. The communication requests the comments of the Municipality on a report regat~ it could be considered as giving tacit approval to the second request. Although New Equalization Factors. the intentions of the manifesto were good, the Alderman felt it was a very i complicatedraatter and that Council would be well advised not to get involved. Alderman Schisler referred to the comment on PaSs Two of the report sta~ In response to a question raised by Alderman Patrick, Alderman Chessman stated 'that under the new system, farmland is under-assessed and 'will result in a that he was not aware that the matter had been considered by the School Board. ORDERED on the motion of Alderman Chessman, seconded by Alderman MscBain, ..... 7 that the communication be received and filed. Carried Unanimously. -8- No. 226 - Spironello and Iseppon Investments Ltd. - Re: Glenview Park. The communication requests consideration of a proposed land exchange with the Ci~ to allow expansion of the Shady Rest Motel. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the matter be referred to staff for the preparation of a report, along with comments to be obtained from the area residents. Carried Unanimously. No. 227 - Central Veterans' Organization - Re: Annual Remembrance Day Service. The communication requests permission to hold the annual Remembrance Day Serviz and that the City make the usual arrangements respecting the sound system, barricades, etc. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the request be granted and that City staff be authorized to make the necessary arrangements. Carried Unanimously. No. 228 - Niagara Falls Art Gallery & Museum - Re: Support and Ansistance of City Council. The communication outlines the following requests: 1) That consideration be given to financial assistance or municipal tax relief; 2) That the east service road be re-named Kurelek Drive or any other name so that visitors can easily locate the museum; and 3) That the City support a petition to the Postmaster General of Canada in issuing a series of stamps dedicated to the memory of William Kurelek. Alderman Cheesman suggested that the request regarding the issue of a series of commemorative stamps, be referred to the local philatelic society for comment and possible assistance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the requests be referred to the Finance Committee, Street Name Committee and the local philatelic society. Carried Unanimously. No. 229 - Downtown Board of Management - Re: Downtown Parking. The communicat~ requests that the City approve free off-street parking in all lots in the downtown on Saturdays effective immediately. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that the request be approved. Carried Unanimously."' No. 230 - Ontario Hydro - Re: Additional Supply to St. Catharines Area. The communication advises of the preview for local elected and appointed officials of an information centre program to be held at the Club Rome, Vansickle Road in St. Catharines on October 1st and 2rid, 1979. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the communication be received and filed, and as rn~ny members of Council as possibl, attend. Carried Unanimously. REPORTS No. 559 - City Manager - Re: Co-Operative Tenders - 1) Sodium Chloride, 2) Fence, Post & Ties. The communication reconmends acceptance of the tenders submitted by Canadian Salt Co. Ltd. for the supply of sodium chloride, Wilkinson and Kompass for snow fence, Lennox for the supply of T-Bar Posts, and F. Powell for the supply of snow fence ties. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. No. 560 - City Manager s Fences and Backstops. The report recommends acceptance of the unit prices submitted by Frost Steel and Wire Co. Limited for the supply and installation of fences and backstops. ORDERED on the motion of Alderman Cheesman, seconded. by Alderman Fera, that the report be received and adopted. Carried Unanimously. See Resolution See By-law No. No. 561 - City Manager - Re: Contract S.S. 15-79, Storm Sewer Construction Franklin Avenue, Culp Street and Murray Street. The report recommends accc of the unit prices submitted by William Duffin Contracting Limited for the' subject contract. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, thst~ the report be received and adopted. Carried Unanimously. See Resolution See By-law No. No. 562 - City Manager - Re: AM-2/78, J. Angotti, Ferry Street and Victoria Avenue. The report recommends ,passage of a by-law to provide ~or the new -9- designation of a site plan control area instead of a development control area, as provided in the recent amendment to Section 35a of The Planning Act. ORDERED on the motion of Alderman }~cBain, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 79-163 No. 563 - His Worship, Mayor Thomson - Re: Meeting of City }~yors. The report advises that Mayor Thomson, the City Manager and Planning Director will attend a meeting of City Mayors in Kitchener on October 12, 1979. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperge~, that the information be noted and the report received and filed. Carried Unanimously. No. 564 - His Worship, Mayor Thomson - Re: Cross Border Emergency Information Flow. The report provides information on discussions held between local officials and Niagara Falls, New York officials to arrange for immediate information flow from one city to the other in any future emergency situations. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 565 - City }~nager - Re: Zero Base Budgeting. The report advises that the Finance Committee recommends that the City not adopt s formalized Zero Base Budgeting system at this time. ~ ORDERED on the motion of Alderman MacBain, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 566 - City Manager - Re: Residential Rubbish Collection, Fall Campaign. The report recommends that the fall campaign in 1979 be carried out between October 15th and 26th and advertised in the local news media. It was further recommended that the services of the Ability Centre in Welland be mentioned in the advertisement as previously done. In response to a question raised by Alderman Merrett~ Mayor Thomson advised that the procedure to be followed will be the same as during the spring collection and as set out in the by-law. The Mayor hoped that Council could get into a full discussion on the rubbish collection during the 1980 budget discussions. Mayor Thomson felt the restrictions were too strict, such as bundling of brush into certain size bundles, and the type of material that would be picked up during the collection. The Mayor did agree that building materials should not be accepted during the collection. Alderman Merrett asked if the decision on whether or not to pick up certain articles was left to the discretion of the City employee. Alderman Sobol indicated that she had made that suggestion previously and Council had turned it down. Mayor Thomson indicated that where a discretionary decision was required, he had been called on the matter. In response to a further question raised by ~lderman Merrett concerning the operating budget, the Maintenance & Operations Engineer stated that there is $18,000 to $19,000 remaining in the operating budget for the rubbish collection. If the established procedure is followed, there will Just be sufficient funds on hand to complete ~he collection. If a full collection had been approved by Council, $70,000 to $80,000 would have been required in the budget. In 1979, Council approved only $32,500 for both the spring and fall collections. Alderman Merrett asked if there were any reserves available that could be used to carry out a full rubbish collection. The Director of Municipal Works stated that the budget would have to be overspent by $15,000 to $20,000 in order to have a full rubbish collection. Alderman Merrett asked if there would still be a smaller truck going ahead of the large trucks indicating what materials would be collected. The Maintenance and Operations Engineer stated that a foreman goes along the route in advance to determine the number of trucks required on the collection. This procedure is considered efficient because no more trucks than necessary are dispatched. The Director of Municipal Works added that the foreman does not drive along with the larger truck, but goes ahead to establish the route and determine the number of trucks required. Alderman theesmart felt that Council was attempting to re-open the discussions on the budget which was adopted last spring. The Alderman pointed out that a great deal of time was spent going through the budget and cutting various items, such as the rubbish collection. Now that dissatisfaction has been voiced over the decision for which Council was responsible, the Alderman feXt it ~as too late to re-open the budget discussions. Alderman Cheesman also referred to various requests for funds received from municipalities which - 10 - had suffered losses through various natural disasters, and the fact Council could find no funds in the budget to assist. Now that complaints were coming in, Council was expecting staff to find $15,000 or $20,000 that is not in the budget. Mayor Thomson stated that it had been mentioned during earlier discussit that this system would be used on an experimental basis, and if there were problems, the rubbish ~ollection could be handled differently in 1980. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Sobol, that the report be received and adopted. The motion Carri~ with the following vote: "' AYE: Aldermen Cheesman, Cummings, Dilts, Fera, Hinsperger, MacBain, Puttick Schialer, Sobol and Wallman. NAYE: Aldermen Merrett and Orr. No. 567 - City Manager - Re: Vacancy - Planning & Development Committee. and Development Committee caused by the resignation of ~. A. c m Following a vote by secret ballot, Mr. W. Calasina was appointed to the' Planning & Development Committee. No. 568 - City Manager - Re: ~intenance of Regional Roads in the City of Niagara Falls. The report advises of changes made by the Region in expanding its maintenance of Regional roads to include Victoria Avenue, Bridge Street,, Clifton Hill and Murray Hill. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 569 - Planning Director - Re: Six Month Report on Residential Development The report provides a six month review of residential development in the City. of Niagara Falls. ORDERED on the motion of AldermanMarrett, seconded by Alderman Dilts, that the report be received and filed. Carried U~e~imously. No. 570 - City Manager - Re: Property Standards By-law 74-204, M. Popovic ant R. Lazic, 4444 Simcoe Street. The report recommends pursuant to clause (a) of subsection 7.10.4 of By-law 74-204, that the Corporation retain a disposall! service to fo~thwith complete the work which M. Popovic and R. Lazic were directed to carry out under Order of the Chief Property Standards Officer, and that pursuant to subsection 7.10.5 of said By-law 74-204, any expense incurred by the Corporation, its servants or agents in carrying out the work! aforesaid be recovered in a like manner as municipal taxes. Mayor Thomson provided additional information in response to a question raised by Alderman Merrett. ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that th~ report be received and adopted. Carried Unanimously. No. 571 - Recreation Commission - Re: Ice Schedules - Municipal Arenas. The~ report recommends adoption of the ice schedule for the Niagara Falls Memorial Arena, Stamford Memorial Arena, Jack Bell Arena and the Niagara South Arena and that staff be authorized to inform all applicants. Alderman Cunnnings stated that the Recreation Commission spent a great deal of time in preparing the ice schedule, and commended the Commission for the work done. In response to a question raised by Alderman Merrett, the Projects and .i Services Engineer explained that there is not a great demand for use of the arenas after 1:00 a.m. If the City can make $40.00, it is making money, however use of the arenas after certain hours would require additional emplo~ There would then be a problem. of what to do with these employees during the arenas off-season. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cumnings, that the report be received and adopted. Carried Unanimously. No. 572 - City Manager - Re: Brian Crescent Flooding. The report recommends that City Council approve the construction cost of $910 to place a sewer from the front property line to the rear of the properties, with the residefl paying $375.00 of that cost and the City assuming the balance of $ 35.00. City will then construct the sewer from the property line to the storm sewer.' ORDERED on the motion of Aldermen Cheesman~ seconded by Alderman Minaperge that the report be received and adopted. Carried Unanimously. ..... ll - 11 - No. 573 - City }~nager -- Re: Ontario Huilding Officials Conference. The report recommends the attendance of the 3uilding & Development Co-ordinator at the subject conference to be held in Ottawa from September 30 1979. -- October 3, ORDERED on the motion of Alderman Cheesuan, seconded by Alderman tilts, that the report be received and adopted. Carried Unanimously. No. 574 - City Manager - Re: Jack Bell Mezzanine. The report recoxr~ends passage of a by-law to authorize an agreement with the Niagara Falls Hinor Hockey Association providing for the renovation work to the mezzaniae of the Jack Bell Arena, and that the City ~'~nager be authorized to negotiate a lease agreement between the City and the Niagara Falls ~vin .~ or Hockey Association for use of the mezzanine area. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 79-168 No. 575 - City ~nager - ~e: Cemetery ]lates. The report recommends passage of a by-law to provide for certain changes in the recently approved cemetery rates. ORDERED on the motion of Alderman Fera, seconded by Alderman Cu~aings, that the report be received and adopted. Carried Unanimously. ~ See By-law No. 79-167 No. 576 - City ~nager - Re: Rural Guide Signing. The report recommends: 1) That guide signs be erected only for those roadways closed at their intersection with the Q.E.W.; 2) That the guide signs be erected as an interim measure only and that they be maintained for a period of five years and then removed at the end of their useful life; and 3) The routes to these roadways be signed along the most reasonable routes commencing at the Q.E.W. interchanges both north and south of the closed intersections. ORDERED on the motion of Alderman Puttick, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 577 - City Clerk - Re: Consent items. 1) Lord Elgin Vocational School - Invitation to attend 3K Fun Run, October 16, 1979. Recommendation - That as many members of Council as possible attend this function. 2) Liquor Licence Board of Ontario - E1 Paco's Snacks Restaurant. Recommendation - For the information of Council. 3) Municipal Liaison Conm~ittee - Newslstter~ August, 1979. Recommendation - For the information of Council. 4) Regional Niagara Finance Department .- 1979 Capital Expenditure Quotas. Recommendation - That the information be noted and the co~.~nunication received and filed. 5) Fire Prevention Bureau - Fire Prevention Week, October 7 - 13, 1979. Recommendation - That the request for proclamation be granted. 6) Consumers' Gas - Notice of Rate Hearing, re: application for interim rates. Recommendation - Receive and file. 7) Niagara District Fire Fighters~ Association - Letter of Appreciation for Annual Grant. Recommendation - Receive and file. 8} Association of Municipalities of Ontario - Response to ~'~ite Paper on the Planning Act and Report on !Iunicipai Conflict of Xnterest. Recommendation - Refer to appropriate staff for the preparation of comments. 9) Niagara Resort & Tourist Association -United Way Poor Boy Luncheon, November 2, 1979. Recommendation - For the information of Council. 10) Regional Public Works & Utilities Department -. Comparison of water Production and sewage flows. Recommendation - For the information of Council. 11) Regional Niagara Senior Citizens Department - Sun~ary and Recommendations of Provinctal-Metro Task Force on the Elderly Persons Centres Act. Recommendation - The comments of Council should be received in order that they can be consolidated in a reply to Mr. Rapelie before October 5, 1979. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 578 - City Manager - Re: Municipal Accounts. The =sport recommends payment of the municipal accounts. The Director of Municipal Works provided additional information on Cheque ~1083 in response to a question raised by Alderman Merrett. ..... 12 - 12 - ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried with ~lderman Merrett abstaining on Cheque #1037 and Alderman Puttick abstaining on Cheque #927. No. 579 - City Manager - Re: Proposed Campus - Niagara College. The report recommends passage of a by-law to authorize an amendment to an agreement with Niagara College to provide that the City's grant of $105,000 apply to the purchase of the Dunn Street site. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 79-L RESOLUTIONS No. 88 - CHEESMAN - FERA - RESOLVED that the following tenders for the supply of sodium chloride, snow fence, post and ties be accepted: 1) Canadian Salt Co. Ltd. - $19.68 per ton; 2) Wilkinson and K mpass - $39.90 per 100 ft. of Snow Fence; 3) Lennox - $2.50 per 6 ft. of T-Bar Posts 4) F. Powell - $2.64 per 7 ft. of Snow Fence Ties; ; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl No. 89 - CHEESMAN - FERA - RESOLVED that the unit prices submitted by Frost Steel & Wire Co. Limited for the supply and installation of fences and backate be accepted at the tendered price of $31,149.99; AND the Seal of the Corporati be hereto affixed. Carried Unanimous No. 90 - CHEESMAN - MERRETT - RESOLVED that the unit prices submitted by William Duffin Contracting Limited for storm sewer construction on Franklin Avenue, Gulp Street and Murray Street, be accepted at the tendered price of $160,485.50; AND the Seal of the Corporation be-hereto affixed. Carried Unanimous BY-LAWS Alderman Dilts noted that By-law No. 79-166 to prohibit motorized vehicl on sidewalks, pathways and footpaths owned by the City, would cover the maj0rf~. of problems being experienced by residents in the City. The Alderman asked would be possible to have restrictions coverimg the use of motorbikes on many. of the Hydro right-of-ways in the City. The Deputy City Solicitor stated that ORDERED on the motion of Alderman e hat leave be granted to introduce the following by-laws, and the by-laws.be read a first time: No. 79-163 - A By-law to amend By-law No. 79-107 respecting By-law No. 5335, 1955, as amended. (AM-2/TB, J. Angotti) No. 79-164 - No. 79-165 - A By-law to authorize the execution of an agreement with Frost and Wire Company Limited for the supply and erection of fences backstops in the City of Niagara Falls· A By-law to authorize the execution of an agreement with W. Dnf Contracting Ltd. for the construction of storm sewers on Frankli Avenue and Gulp Street and Franklin Avenue and Murray Street· No. 79-166 - A By-law to prohibit motorized vehicles on sidewalks, pathways footpaths in the'City of Niagara Falls. No. 79-167 - No. 79-168 - A By-law to amend By-law No. 73-22 being a by-law regarding cemeteries. A By-law to authorize the execution of an agreement with the Niagara Minor Hockey Association. No. 79-169 - A By-law to provide monies for general purposes. - 13 - No. 79-170 - A By-law to authorize an amending agreement with the Board of Governors of the Niagara College of Applied Arts and Technology. Carried with Aldermen Merrett and Puttick abstaining on Cheques #1037 and #927 of By-law 79-169, and all others voting in favour. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 79-163 - A By-law to amend By-law No. 79-107 respecting By-lm¢ No. 5335, 1955, as amended. (AM-2/78, J. Angotti) No. 79-164 - A By-law to authorize the execution of an agreement with Frost Steel and Wire Company Limited for the supply and erection of fences and backstops in the City of Niagara Falls. No. 79-165 - A By-law to authorize the execution of an agreement with W. Duffin Contracting Ltd. for the construction of storm sewers on Franklin ~ Avenue and Gulp Street and Franklin Avenue and Murray Street. No. 79-166 - A By-law to prohibit motorized vehicles on sidewalks, pathways and footpaths in the City of Niagara Falls. No. 79-167 - A By-law to amend By-law No. 73-22 being a by-law regarding cemeteries. No. 79-168 - A By-law to authorize the execution of an agreement with the Greater Niagara Minor Hockey Association. No. 79-169 - A By-law to provide monies for general purposes. No. 79-170 - A By-law to authorize an amending agreement with the Board of Governors of the Niagara College of Applied Arts and Technology. Carried with Aldermen Merrett and Puttick abstaining on Cheques #1037 and #927 of By-law 79-169, and all others voting. in favour. NEW BUSINESS MAYOR THOMSON'S BIRTHDAY Mayor Thomson extended an invitation to all present in the Council Chambers for coffee and a piece of his birthday cake which had been presented to him by his daughters Layne and Tamara before the start of the CounCil meeting· It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting ad3oura. Carried Unanimously. READ AND ADOPTED, WAYNE THOMSON ii THIRTIETH MEETING Council Chambers October 1, 1979 SPECIAL MEETING Council met on Monday, October 1, 1979, following a meeting of the General Committee. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. RATIFICATION OF GENERAL COMMITTEE DECISIONS PROPOSAL FOR ENTRANCE TO QUEEN STREET It was moved by Alderman Cheesman, seconded by Alderman Cummings, that the proposal for improvements to the River Road entrance to Queen Street, be given preliminary approval as submitted. Carried Unanimously. ANNUAL HOUSING REVIEW Report No. 580 - City }~nager - The report presents for Council's consideration the Annual Housing Review dealing solely with assisted housing programmes. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be accepted for transmittel to the Ministry of Housing. Carried Unanimously. PAYMENT OF RELOCATION ALLOWANCE - RYERSON/MARKET IMPROVEMENT AREA Report No. 581 - City Manager - The report recommends payment of relocation allowances to tenants of properties prior to closing of the purchase transaction by the City in order to assist these families. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. HEATING SYSTEM CHANGES CO~4UNITY RESOURCES CENTRE Report No. 582 - City Manager - The report recommends acceptance of the tendered price submitted by Stamford Plumbing & Heating for changes to the heating system at the Community Resources Centre. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 91 - CHEESMAN - CUMMINGS - RESOLVED that the tendered price submitted by Stamford Plumbing & Heating for changes to the heating system at the Community Resources Centre, be accepted at the lump sum bid price of $26,880.00; AND the Seal of the Corporation he hereto affixed. Carried Unanimously NEW BUSINESS NEW FACES TELEVISION PROGRAMME Alderman Cheesman advised members of Council that on Sunday, October 7th, 1979 at 6:30 p.m., Niagara Falls will be featured on the New Faces Programme on Channel 11. Alderman Cheesman further advised that the programme is a 75th 'Anniversary project, and urged all members of Council to watch the show. It was moved by Alderman Orr, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, THIRTY-FIRST MEETING Committee Room #1 October 9, 1979 COMMITTEE OF THE NHOLE Council met on Tuesday, October 9, 1979 at 7:25 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Orr. Alderman Hinsperger presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~ ~ · ' & · ~ READ AND ADOPTED, ~L~YOR WAYNE THOMSON Council Chambers October 9, 1979 Council met on Tuesday, October 9, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Orr. His Worship, Mayor Thomson presided as Chairman. Alderman Wallman offered the Opening Prayer. PRESENTATIONS 75TH ANNIVERSARY AWARDS · His Worship, Mayor Thomson presented awards to Miss Monika Draeger, Mr. Larry Gardner and Mr. Gordon Singleton in recognition of their outstanding achievements during 1979~ the 75th Anniversary of the City of Niagara Falls. NANCY REYNOLDS EIDT - NIAGARA FALLS REVIEW His Worship, ~yor Thomson presented Nancy Reynolds Eidt, the Niagara Falls Review reporter who had covered various municipal operations, including City Council meetings for a number of years, with a gift from the City. Mayor Thomson advised that Nancy Reynolds Eidt had received a promotion with the Review and would not be covering the Council meetings in the future. ADOPTION OF MINUTES Alderman Merrett advised that Mrs. D. Jones who had addressed City Council regsrding local improvements, had questioned the minutes of the meeting held on September 24, 1979. The Alderman asked that these minutes be tabled until the question had been clarified. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the minutes of the meetings held on September 10th, 17th and October lat, be adopted as printed. Carried Unanimously. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the minutes of the meeting held on September 24th, 1979, be tabled. Carried Unanimously. DEPUTATIONS DR. S. DOBBIN - HEART NIAGARA Dr. S. Dobbin of Heart Niagara was granted permission to address City Council on the motion of Alderman Cummings, seconded by Alderman Sobol. Dr. Dobbin advised that Heart Niagara is an organization established to help mverse the statistics existing due to coronary hear~ disease, the disease of heart attacks. Hembets of this organization are physicians, nurses, Paramedic8, Fire Fighters, Life Guards and representatives from St. John s ~2- Ambulance who are all involved at one time or another in saving lives. Dr. Dobbin advised that the group is trying to spread an educational program throughout the con~nunity on coronary artery disease and teaching the procedure known as C.P.R. (cardis-pulmonary resuscitation). Heart Niagara has also been instrumental in starting a rehabilitation program for heart attack victims, allowing them to get quickly back into Society and become in as good a condition or better than they were before. Dr. Dobbin advised that both the Lions Club and the Chamber of Commerce have supported the organization and their programs. It was further advised that the Lions Club had proposed a scheme to help Heart Niagara raise their year's funding in one day, which would involve collection of donations in an organized fashion from motorists at collection points where sufficient number of vehicles congregate, i.e, main traffic lights and shopping plazas. Alderman Metrent stated that while he approved of the fund raising efforts for Heart Niagara, he did ' feel that solicitation for donations at busy intersections created a traffic hazard. Alderman MacBain also expressed his concern over this proposal, and suggested that the City could be a party to any action that followed as a result of an accident, since the City had granted its approval of the scheme. The City Solicitor advised that such action could be a possibility. Mayor Thomson advised that when the proposal was discussed several weeks previously, it had been suggested that the fund raising methods could be co-ordinated with City staff and the Regional Police to ensure that any possible problems would be looked after ahead of time. The Mayor suggested that such a condition be included as part of any approval that was granted by Council. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Dilts, that permission be granted for the Heart Niagara Funding Program on November 17, 1979. The motion Carried with the following vote: ' AYE: Aldermen Chessmen, Dilts, Fera, Rinsper~t'T, Puttick, Schisler and Wallman. NAYE: Aldermen Cummings, MacBalm, Metrent and Sobel. MR. R. MONRAD - CANINE CONTROL Mr. R. Menred of 6543 Delta Drive, was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Fera. Mr. Menred stated that he was not and never had been a member of the Niagar~ Frontier Humane Society. On the evening of October 2nd, I979 at approximate1!! 5:30 p.m., Mr. Mentad advised that his wlfe had escorted one of their childr~ across the street to visit a friend. On returning home, she was set upon by~ two large dogs. The dogs harrassed her and Jumped at her, pulling on her clothes. Mr. Menred indicated that his wife did not panic and did not furth~ agitate the animals. Out of concern for the many children living in the area, Mr. Monrad stated that his wife called the Romans Society to see if the animals could be restrained. The Society's answering service advised that nothing could be done, especially if the dogs did not have a current The Police were called, and although powerless to act except to speak to the dogs' owners, did advise the owners to keep the animals under control. Mr. Monrad etated that Mr. Green of the Society called his wife afterwards, however she had been left with the impression that Mr. Green was more concerned about animals being spayed or neutered. Upon calling the Society himself, Mr. Monrad stated that he was advised that Mr; Stewart the b~nager was on vacation, and further that the Society could only respond to emergenci'~ after hours, such as an injured anlmal or if there was police involvement in a problem. Mr. Monrad advised that he met with Mayor Thomson and explained the situation to him. On calling the Society, the ~yor was given the same explanation by the Society. Mr. Monrad stated that he had a lengthy discnoel! was based on a shortage of funds for operation. Mr. Mentad stated that he asked ho~much funding was required to supply complete animal control, and this information was given to him, as well as the amount of funding the Society presently received. Upon questioning costs for animal control in comparative cities, figures for St. Catharines and King County were given a~ Mr. Moa~ad did not feel these were comparable communities. Mr. Menred ale0 asked for a breakdown of costs for animal control and humane work, and there were no figures available. Mrs. Jarrent had indicated that she had Mr. 3 pagar during his absence: and felt that either she or the avima! control officer on duty should have been called, placing the b!a~a on the ensuering service. Mr. ~nrad had asked Mrs. Jarrett how to take ]egal action against the owners and was told to speak to Mr. veysey at the Society. Upon arriving at the shelter, Mr. Monrad advised that he learned ~r. Veysey ~<ss on a day off, and also that one of the dogs iuvo!ved in the incident ~ith his wife had been impounded that morning for being at large and was subseenent!v returned to the o~er. ~{r. ~onrad felt Mrs. Jarrett shoo!d have 'known' that Mr. Veysey was not on duty. and that the employees at the aPe!tar knew the impounded dog was the same animal ha had complained about that morning. Mr. Monrad stated that he still did not knew how tc lay a charge. On speaking to the re.mere of this particula~ dog~ he had learned t~at they had o~.med the dog for less than one month and could not pessibly know the a~ima! well enough to assume it would not hurt anyone. While speaking to the o~mers, the other dog involved in the earlier incident with his wife~ karrassed another resident in the area. Mr. Monrad stated that ether neighbouts have had problems with these dogs, and children in the area were petrified of them. Mr. Monrad was afraid of the consequences if these dogs were to bother a young child or a person with a bad heart. On Monday October 8th at 5:10 p.m., a child in the neighbourhood was bitten by a stray dog. The Humane Society was called, 'and the caller was left with the impression the animal control people would come out. The animal was caught and put in a garage, and on calling the Society a second time, the caller was advised that nothing could be done until the next morning, unless the animal was injured. The caller then told the answering service that the animal was injured znd a truck from the Society came out shortly afterward and picked up the animal. On checking into the matter further, Mr. Mentad stated he had learned a second boy in the area had been bitten by the same dog. Kr~ YonruE asked if the Humane Society has money to send a truck out for an injured animal, ~y not for animal control calls, and commented that the Society did not seem to be able to break down the two costs or explain why they are losing money for animal ccntro!. Mr. Menred asked if the Society was using animal control funds for humane work, and if donations are received, why could this bequest fund not be found. Mr. Mentad indicated that the gumace Society for Niagara Falls Eew York, has a $48,750 budget for a City with 80,000 people, and receives an extra $50,250 to take care of ten other counties. This operation can take care of up to one hundred aninmls per day. _The Treasurer and b~nager receives slightly more than $200 per week, attends Council meetings for all supporting con~nunities, looks after radio and television advertising, runs the S.P.C.A. and uses the Society vehicle for only Society business. Mr. Menred asked how the Society would operate a new building with increased costs when it cannot operate the shelter now. Mr. Monrad asked the following questions: 1) What is considered an emergency; 2) Which takes priority - human safety or animal protection; 3) If the Humane Society should have responded, why didn't they; 4) Why has no one from the Society contacted these o~mers; 5) Why has no one from the Society asked who the owners are; 6) What kind of protection can the public expect from the City in the future; 7) {~at does it cost cities of comparable size and population for good animal control; 8) What guarantee is there that in future the public will receive a response .from the Society; 9) What does it actually cost the Society for animal control; '10) What is the actual animal control by-law and leash by-law; 11) Does the City have a contract with the Society; 12) Because the Society blames their lack of response on the shortage of funds, why then are Society vehicles used for personal use; 13) I~en the Society is given a description of lost animals, why are owners not contacted ~en the animals are found; 14) ~at other source of revenue does the City have and where does the funding go; 15) Is the Society's used equipment sold to the highest bidder; and 16) Are all services relating to the Society tendered tc the lowest bidder. Mr. Monrad stated it was his understar~ing the Humane Society was coming to Council for more money. In his opinion, Mr, Monrad felt there was no possible way the City could supply the funding until it is known ~ere these funds are going. Mr. Monrad also asked if a new shelter was built, would the Hunmne Society be the only occupant of that building. Alderman Puttick questioned how this matter had been placed on an agenda so quickly, when in the past it had usually taken three or five weeks to get on a Council agenda. M~yor Thomson stated that he had never hear~ of any person having to wait that length of time to have a matter placed on a Council agenda, and pointed out that such requests can be handled by the telephone. The ~hyor asked that names of individuals baring to wait weeks to address Council, be supplied. taderman Puttick indicated that he would supply such names in writing to theMayor. -4- Mrs. S. Girolametto was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Dilts. Mrs. Girolametto advised that she was speaking on behalf of the residents of the Theresa Subdivision about a canine problem and horses. This particular complaint was well known by the Humane Society, Health Department and Regional Police. Mrs. Girolametto stated that the dog causing problems in the area, had bitten a neighbour's daughter and the child had to have eight stitches to close the wound. The Police were called and questioned the owner as well as the Health Department, however nothing was followed up. The dog was not taken in to be tested for rabies, and in fact, had not even had any shots since 1976, Mrs. Girolametto stated that when residents had spoken to the owner and asked that the dog be kept tied, the owner had suggested that anyone who was unhappy with the situation should move. Mrs. Girolametto stated that her son has to walk a block and a half to catch his school bus because this dog is left loose. Children in the area are afraid to walk past the house because the dog has knocked children down and bitten them, although these bites have not drawn blood. Residents walking their dogs have been chased by this same dog. The dog has gotten into the residents' garbage and gardens, and any efforts made by the residents to resolve the problem have met with little or no co-operation from the owner. Alderman Sobel asked if the Humane Society was called when the child had been bitten. Mrs. Girolamet~ stated that the Humane Society, Regional Police and Health Unit had been called, however the dog was not impounded. Mr. D. Crows, solicitor for the Society, explained that there is no Jurisdiction for the Humane Society to impound a dog because it has bitten a person. That authority rests with the Health Department, and without direction from that body, the Society has no right to seize or impound an animal. Mr. Crows further stated that there are remedies under the Vicious Dogs Act to deal with dogs that have bitten on more than one occasion, however those remedies are open to the parents of the children and not the Society. Alderman Puttick asked if the problem with the horses owned by the same individual was still presenting a proble~T'. Mrs. Girolametto confirmed that this individual owns six horses, five of which are kept in a nearby field, and one in the single car garage. Mrs. Girolametto stated that once winter comes, the owner will not be able to leave the horses in the field. In response to a question raised by Mayor Thomson, Mrs. Girolametto stated that the horses'would be kept in the garage once winter came. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Cummings, that both complaints be referred to staff for investigation and the preparation of a report to be considered at a subsequent meeting of Council. Carried Unanimously. RESIDENTS OF CHAMPLAIN DRIVE/BELL CRESCENT AREA - MOTORCYCLES Communication No. 231 - Residents of Champlain Drive/Bell Crescent Area - ~a communication requests that action be taken to solve problems experience~ by residents due to use of the Canadian Niagara Power Co,-'right-of-way by motorcycles. Mr. J. Virgin was granted permission to address Council on the'motion of Alderman Merrett, seconded by Alderman Hinsperger. Mr. Virgin advised that the residents in this area have a very definite problem with the constant noise and hartsegment by persons using the right-of-way as a motorcyz~ drag strip and throughway. Residents cannot use their back yards because -~! of the noise, and when attempts were made to reason with the cyclists, many people found tomatoes and eggs thrown at their houses .later. The is used by children on the way to and from school, and Mr. Virgin felt there was a danger to the children of getting hurt. The excuse given by some of the cyclists is that there is no other place they are allowed to operate their motorcycles and mini-bikes without being harrassed by the police. Mr. Virgin asked that steps be taken to alleviate this problem, possibly by fencing off the right-of-way, increased patrols and enforcement of noise control by-laws. In response to a question raised by Mr. Virgin, Mayor Thomson advised that the Cityts anti-noise by-law applies at all hours. Mayor Thomson suggested that the matter be referred to staff to negotiate with Canadian Niagara Power Company in an effort to resolve the problems. .ORDERED on the motion of Alderman 8obol, seconded by Alderman Dilts, that the matter he referred to staff. Carried Unanimously. L -5- UNFINISHED BUS![IESS NIAGAP~ FROntIER HUMANE SOCIETY Report No. 583 - City Solicitor - The report provides information in response to the request of Mr. D. Crowe for permission of Council on the conveyance of Lot 48 in the Falls Industrial Park from Donredo Properties to the Niagara Frontier Humane Society. Mr. D, Crows was granted permission to address City Council on the motion of Alderman Merrett, seconded by Alderman Cummings. Mr. Crowe again requested on behalf of the Humane Society, that City Council give its consent, pursuant to the restrictions governing land in the Falls Industrial Park, for the conveyance of Lot 48 from the present registered owner, Dourado Properties to the Niagara Frontier Humane Society. Although other issues involving the Society have been raised, Mr. Crows stated that the Society was only requesting Countills permission for this conveyance. As outlined in the April, 1979 agreement, Mr. Crows stated that should the City cease to employ the Society as its agent or if the Society ceased to function as a Humane Society or wished to sell to a third party, the City had first right to purchase the present land and buildings. Council was approached earlier and asked for a waiver of that provision. That waiver was granted at that ~ time, and Council gave permission for the present registered o~mer to convey their lands to -Marineland in trust for the Humane Society. It was agreed that b~rineland would provide to the Humane Society, a building equivalent to or in excess of the existing facilities at no additional cost to the Society. The request now being made was for the conveyance of this lot directly to the Society rather than Marineland. Mr. Crowe stated that although there were many questions unanswered, and he did not suggest that some of the fault did not rest with the Society, an attempt was being made by the Society to answer these questions. Mr. Crows requested Council's consent so that plans can proceed on the construction of the new building. Hr. Crows stated that. it was the Society's hope that all other questions outstanding between the City and the Society could be solved before the new building was completed. Alderman Puttick referred to action taken by Council on }~y 29, 1978 in waiving its interest in the Societyvs existing property and approving the conveyance of Lot 48 from Dourado Properties to Marineland, and suggested that the Society might be in a position to obtain this permission through the courts. For that reason, Alderman Puttick felt the Council should grant its permission for the conveyance requested by the Society. Mayor Thomson commented that under the existing agreement, the building and property would revert to the City should the Society cease to operate as the City~s canine control agent. The Society has verbally indicated that there would be no objection to a similar provision in any future agreement, and the Mayor felt the new building should proceed as soon as possible. Mayor Thomson stated that the City needs a Humane Society and the Society could not function without the City, and that the sooner both can .co-operate, the better off everyone would be. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Chessman, that the conveyance of Lot 48, Falls Industrial Park from Dentado Properties to the Niagara Frontier Humane Society, be approved. The motion Carried with Alderman MacBain voting contrary, and all others voting in favour. ADDITIONAL FUNDING REQUEST FROM THE NIAGAI~ FRONTIER HUMANE SOCIETY Report No. 584 - City Manager - The report advises of a request from the Humane Society for additional funding, and advises there are no funds available from any known or foreseeable underspending on existing estimates set in the budget, nor in the form of reserves. Mr. Crows indicated that he had a letter that will be delivered to the members of Council that will answer the majority of questions that have been raised. Mr. Crows further stated that the Society is not requesting additional funds from the City, simply advising of the level of service that can be provided with the funding presently available, and clearly time Society will have to reduce to the level indicated to the Finance Committee. }hyor Thomson suggested that this matter be discussed at s General Comtttee meeting of Council in the near future so that there would be -6- more of an opportunity for full discussion by Council. Following further discussion, it was moved by Alderman Cheesman, seconde~ by Alderman Cummings, that the report be tabled to a subsequent meeting of General Committee. Carried Unanimously. AMENDMENTS TO ZONING BY-LAWS TO REQUIRE NEW BUILDING LOTS TO FRONT ON IMPROVED STREETS Report No. 585 - City Manager - The report recommends that the zoning by-laws covering the portions of the former Townships of Willoughby, Crowland and Humberstone which are now within the limits of the City of Niagara Falls be amended to include similar requirements as in the draft comprehensive zoning by-law requiring new building lots to front on improved streets. Alderman Schisler stated it was his understanding that if a person was in the right area, he could build a house regardless of whether there was an improved road available or not, and that the applicant could sue the City for refusing to issue a building permit if no improved road access was available. The City Solicitor advised that such a condition was a provision in zoning by-laws requiring compliance as a condition of obtaining a permit to put up a building. Certain exceptions are allowed, such as farmbuildings and struct! The by-law would require Ontario Municipal Board approval if objections were received. In response to a question raised by Mayor Thomson, the City Solicit stated that such a provision is a zoning control and would not be covered under a building by-law. ORDERED on the motion of Alderman Chessman, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. See Resolution APPOINT/fi~NT TO NIAGARA FALLS HYDRO COMMISSION Report No. 586 - City Clerk - The report requests that Council consider fillit the outstanding vacancy to the Niagara Falls HyAro Commission to represent those areas of the City that are not presently serviced by the Chippaws Public Utilities Commission and the existing Niagara Falls Hydro Commission. Following a vote by secret ballot, Mr. Dorino Susin was chosen as the member of the new Commission to represent those areas not presently serviced by the Chippawa Public Utilities Commission and the existing Niagara Falls Hydro Commission. ORDERED on the motion of Alderman MacBain, seconded by Alderman Hinsperger, that Mr. Dorino Susin be appointed to the new ~iagara Falls Hydro Commission. Carried Unanimously. CONSTRUCTION OF ADDITION - NIAGARA TRANSIT COMMISSION Communication No. 232 - Niagara Transit - The communication requests approval of City Council for the awarding of the contract for the construction of an addition to the garage and storage facility, to Huskey Construction of Niagara Falls. ORDERED on the motion of Alderman Fete, seconded by Alderman Cummings, that approval be granted. Carried Unanimously. PROPOSED CALAGUIRO ESTATES PLAN OF SUBDIVISION Report No. 587 - City Manager - The report recommends preliminary approval of the subdivision subject to nine conditions. Alderman Sobol asked if further discussions wouldbe held with the develc~ regarding use of culs-de-ssc in the proposed subdivision. Mayor Thomson indicated that the plan had been in existence for almost twelve years, and he was not sure whether the plan could be changed at this point. The Planhint Director pointed out that when Council had considered the report on the use of culs-de-sac, it was indicated at that time that culs-de-sac would be discouraged wherever possible. In cases where there are topographical reason! or mitigating circumstances, the use of culs-de-sac would be permitted when there were no other alternatives, The Planning Director felt that the Calaguiro Subdivision fell into this category, Alderman Schisler felt that the hngth of time the plan had been in existence should not be a factor, and that the developer should explain to - 7- NAYE: NOTE: Council why he cannot comply with the culs-de-sac policy. Alderman Puttick pointed out that the developer had agreed to dedicate more than the 5% park land required by the City, and he felt it would be unfair to go back and ask the developer to change the plan at this stage. Alderman Puttick felt that the names of the streets in the plan should require Council approval. Mayor Thomson indicated that the developer planned to use family names for the streets. Alderman Sobol suggested that this matter be referred to the Street Name Committee. The Planning Director indicated that staff would review the names and advise Council of any problems. ORDERED on the motion of Alderman Cheesman, seconded by Aiderman Merrett, that the report be received and adopted. The motion Carried with the following vote: - . AYE: Aldermen Chessman, Cummings, Fera, Hinsperger, MacBain, Merrett, Puttick, and Sobol. Aldermen Schisler and Wallman. Alderman Dilts was absent when the vote was taken on this matter. TI~ EXTENSION FOR THE CO~iUTATION OF LOCAL IMPROVEMENT CHARGES Report No. 588 - City Manager - The report recommends that the time limit for commutation be extended from October 13, 1979 to May 31, 1980 and that notification by those wishing to take advantage of the extension be received in the Clerk's office no iater than November 30, 1979. Mrs. D. Jones asked if the extension applied only to new home owners, and if the previous owners of properties could be charged for any part of the work. The City Clerk indicated that the extension would apply to all works covered by the last Court of Revision. With respect to charging previous owners, the City Clerk indicated that this could not be done. The City Solicitor confirmed the City Clerk's explanation and further advised that this.extension would not apply to any future local improvements or those that have not been dealt wi~h by the Court of Revision as yet. Mrs. Jones stated that the residents felt new o~ers should have special privileges since they had less time of knowing about the local improvements than other owners. Mayor Thomson stated that the extension was available to all property owners involved in order to be fair to everyone. Mrs.' Jones asked what the rate of interest would be for those persons who do not take advantage of the extended date. The City Treasurer stated that this could not be determined until the time the debentures are sold. Mrs. Jones stated that when a lending institution of any kind sends out a bill, they must state the rate of interest. The City Solicitor pointed out that such a condition would apply to consumer loans, however the Municipality was in a different field and was governed by the best rate the Region can obtain at the time debentures are sold. Mrs. J. James of Shirley Avenue indicated that at the Court of Revision, .the rat~ of interest had been figured out to be 11½%. Mrs. James further stated 'that residents had been told there was no way of knowing the approximate cost of the work, and yet the billed cost was the same as the original estimate. The Design & Construction Engineer explained that the figures quoted in 1976 had been estimated, and had there been any increase, the City would have absorbed the difference in cost. Mrs. James referred to statements made that the residents had petitioned the works, however in fact, the residents had only petitioned for storm sewers. Mrs. James also stated that all the residents had assumed the cost for these works would be covered through property taxes, and that they had been shocked and surprised to receive a bill from the City. The Design & Construction Engineer agreed that the residents had requested the storm sewers, however the City had initiated the curbs and gutters. All residents had been notified of the City% intention to construct curbs and gutters, as well as the work being advertised. Mrs. James claimed that none of the residents received this notice. Mayor Thomson indicated that he would check into this point and provide an answer to Mrs. James directly. In response to a further question raised, the City Treasurer indicated that the problem of new home buyers not being aware of pending local improvement charges should not arise again. The documents would be available in the Clerk~s Office, Finance and En~ineering Departments. g Following further discussion, it was moved by AldermanMacBain, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Mayor Thomson asked Mrs. Jones which points she was questioning in the September 24th, 1979 Council minutes. Mrs. Jones indicated that she had no questions with respect to the discussion on local improvements, and asked if she could obtain information relating to Report #561 in those minutes. The City Clerk indicated that he would provide Mrs. Jones with a copy of that report. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett~ that the minutes of the meeting held on September 24, 1979, be adopted as printed. Carried Unanimously. PETITION OF RESIDENTS - GREY AVENUE WIDENING Report No. 589 - City Manager - The report recommends (in accordance with the wishes of the residents of Grey Avenue) that 1) Grey Avenue not be widened~ 2) That Grey Avenue be made one way between Ferry Street and Peer Street in the southerly direction; and 3) That the existing no parking restrictions remain in effect. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. CO~R4UNICATIONS No. 233 - Penny Pinching Pete - Re: Proposed March. The communication request! the assistance of Council in arranging a march in observance of the "Year of the Child". The City Clerk advised that later on the agenda is notification of a proposed walk being arranged by the Boy Scouts. On checking with the persons arranging this walk, it was learned that the Boy Scouts would be happy to co-operate with Mr. Ecker in a Joint walk. Alderman Chessman suggested that the matter did not have to be referred to the 75th Anniversary Committee as recommended by the City Clerk. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Cummings, that the communication. be referred to the Recreation Commission to assist in co-ordinating the proposed walk with the Boy Scouts. Carried Unanimously. No. 234 - Association of Municipalities of Ontario - Re: Association Activitie! The communication provides information on the aqtivities of the newly elected Board of Directors of the Association, and the Association's position on vari0~ issues. Regional Councillor M/tchelson provided additional information regarding the Provincial/Municipal Liaison Committee in response to a question raised by Alderman Puttick. 'ORDERED on the motion of Alderman Fare, seconded by Alderman Cunnnings, that the communication be received and filed. Carried Unanimously. No. 235 - Niagara Employment Agency - Re: Recycling of Waste Paper. The communication offers the services of the Agency in collection of waste paper recycling as well as creating employment for the handicapped of the Niagara Region. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, thaC the availability of N.B.A. services be referred to all City Departments with the suggestion that they take advantage of the services offered. Carried Unanimously. , -. No. 236 - Regional Municipality of Niagara - Re: Cotfield Street. The communication advises that the Region has no objection to the stopping up and closing of part of Cotfield Street subject to a suitable permanent easement being granted to the Region to protect the existing 42" diameter watermain · on Cotfield Street, and the provision of a temporary alternative road between Stanley and Portage by the City upon the closing of Corfield Street. ORDERED on the motion of Alderman Cheesmans seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. j No. 237 - Regional Municipality of Niagara - Re| Street Light Energy Rate. t The communication requests endorsement of a resolution from the Borough of -9- Scarborough requesting that Ontario IIvdro be requested to establish an energy rate for street g that wiil provide an incentive to municipalities li hts to reduce energy cousumption during certain dark hours, resulting in a reduction in euergy costs. ORDERED on the motion of Alderman Cheesmau, seconded by Alderman Cummings, that'the resolution be endorsed. Carried Unanimously. It was moved by Alderman Schister, seconded by Alderman Fera, that item under "Reports" be moved forward for consideration. Carried Unanimously. REPORT No. 590 - Planning & Development Committee - Re: ,~M--23/79 and Official Plan Amendment No. 112, C. Wilson, Southwest Corner of Baker Road and Q.E.W. The report recommends approval of the application and the O.~, amendment. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See Resolution No. 93 See By-laws No. 79T1~3 and No. 79-174 COMMUNICATIONS - Con't.. No. 238 - Foundation for Aggregate Studies - Re: The Aggregates Act, 1979. The communication requests that Council endorse or pass a resolution similar to that of Memo Township relating to the Aggregates Act, 1979. AND Report No. 591 - City M~nager -- Re: Bill 127, The Aggregates Act. The report recommends adoption of staff comments concerning the new Aggregates Act, and that copies he fom~arded to the Regional Municipality of Niagara and the Ministry of Natural Resources. The Planning Director provided additional information in response to questions raised by Aldermen Puttick and Wallman. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alder~mn Cheesman, seconded by Alderman Di!ts, that the communication be received and filed. Carried Unanimously. REPORTS No. 592 - City Hanager - Re: ~-f--13/79, H, Damore Builders Ltd., Meadowvale Extension Subdivision. The report recommends passage of the zoning amendment by-law relating to the subject subdivision. ORDERED on the motion of Alderman Fera, seconded by Alderman Herrerr, that ~he report be received and adopted. Carried Unanimously. See Resolution No. 94 and By.-law No. 79-171 No. 593 - Planning & Development Committee - Re: AM-21/79, Lepp& Sons Builders Ltd., Lots 62, 64, 55 to 60 inclusive, R.P. M-52, West Side of Pettit Avenue. The report recommends approval of the application and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. ORDERED on the motion of Atderman Fern, seconded by Alderman Itinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. See By.-law No. 79-172 No. 594 - City Manager ~ Re: 1979 Tree Planting Program, Contract T.P. 14-79. The report recommends acceptance of the tender submitted by Gauld Nurseries Ltd. for the subject contract. In response to a question raised by Alderman Puttick, the Design and Construction Engineer explained that Ganld Nurseries had quoted the same price per tree as in the 1978 tree planting contract. ORDERED on the motion of Alderman Sobel, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. See liesolution No. 96 See By-law No. 79-17_~5 C - 10 - No. 595 - City Manager - Re: Contract C.R. 16-79, Culvert Reconstruction on rowland Avenue and Morris Road. The report recommends that the unit prices submitted by Provincial Construction (Niagara) Limited be accepted, and that the Director of Municipal Works be authorized to engage the consulting IF engineering firm of DeLeuw Cather to provide the necessary layout, inspection and general administration, as well as the foundation inspection for the contract. Payment to the consultant shall be in accordance with A.P.E.O. schedule of fees, at a total estimated cost of $8900, with an upset limit of $2800 on general administration fees and $300 on foundation inspection costs. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law No. -1 No. 596 - City Manager - Re: Quotation for Drapes. The report recon~nends acceptance of the quotation submitted by Saks Furniture for the supply and installation of drapes for various offices on the second floor of City Mall. ORDERED on the motion of Alderman Fern, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 597 - City Manager - Re: Fencing at Niagara South Recreation Complex. The report recommends that funds ($3,000) for fencing at the Niagara South Recreation complex be considered in the 1980 operating budget. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 598 - City Manager - Re: I.C.M.A. Annual Conference. The report requests authority for the City Manager to attend the subject conference to be held in Phoenix, Arizona from October 21 - 25, 1979. Alderman Hinsperger stated that in view of the guidelines the City Manager will have to work under, he did not see how the City Manager could take a week's time off and still come in with guidelines. Alderman Sobel stated that in the past, there had been reports asking that various City officials attend seminars outside Canada, and Council had taken the position that only conferences in Canada should be artended. Mayor Thomson*indicated that if Council did not authorize the City Manager's attendance at the conference, he had planned to use his annual vacation and attend on his own personal time. It was moved by Alderman Sobel, seconded byeAlderman Hinsperger, that the report be received and filed. The motion Carried with the following vote: AYE: Aldermen Cum~ings, Fern, Hinsperger, Puttick, Schisler, Sobel and Wallman. NAYE: Aldermen Chessman, Dilts, MacBain and Merrett. -No. 599 - City Manager - Re: Municipal Engineers Association Workshop. The report recommends the attendance of two members of the Municipal Works at the subject workshop to be held in Missisaauga from November 20 - 23, 1979. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dtlts, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others in favour. No. 600 - City Manager - Re: Seminar at Queen's University. The report recommends the attendance of the Deputy Treasurer at the subject seminar to be held at Kingston from November 20 - 23, 1979. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 601 - City Manager - Re: Exchange of Lands between the City and Joe Moretu Investments Limited. The report recommends passage of a by-law to authorize the exchange of land betswoon the City and Joe Moretta Investments Ltd., as approved by City Council in 1976. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett~ that the report be received and adopted. Carried Unanimously. See By-law No. No. 602 - City }~nager - Re: Sunnyside Subdivision. The report recommends that the developer of the Sunnyside Subdivision be required to construct surface asphalt and curb and gutters on both sides across the remaining lots - 11 - in Stage II so that a properly constructed road from Hourrose Road to Olden Avenue will be available. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 603 - City Manager - Re: Regional Budget Guidelines. The report advises that the Finance Committee recommends that the resolution of the Town of Niagara-on-the-Lake regarding Regional budget guidelines, be received and filed, and further that a copy of the report be fongarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman MacBain, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 604 - City Manager - Re: Renewal of Lease Provincial Court Facilities, 4300 Queen Street. The report recommends that the Mayor and City Clerk be authorized to negotiate a renewal of the lease between Her Majesty the Queen and the City of Niagara Falls for the Provincial Court facilities at 4300 Queen Street, at an annual rental fee of $54,893.16 payable in advance in monthly instalments of $4,574.43. ORDERED on the motion of Alderman Sobel, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. ~ No. 605 - City Manager - Re: Parking on Kitchener Street. The report recommends that no change be made in the parking regulations on Kitchener Street in the area of the Professional Building. Alderman Fera referred to the comment in the report that a hospital official was contacted on this matter, giving the impression the request for a report was made because employees of the hospital did not have enough places to park. The Alderman stated that he had requested the report because the Professional Building has installed a toll gate;at their parking lot, and although a person must pay 25¢, one still cannot find any parking. Alderman Puttick agreed that there was a problem in the area due to the close proximity of the entrance and exit of the Professional Building to Portage Road, which has been aggravated by the new gates. The Alderman suggested that there be no parking or standing in that area because people would be unwilling to pay to park in the Professional Building lot. Mayor Thomson agreed that Kitchener and Portage was a very congeared area and if cars were parked on Kitchener Street, there would be a dangerous traffic condition created, particular because of the emergency vehicles entering the hospital. Alderman Fern agreed that the area is congested and hazardous, however he felt nothing was being done to remedy the situation. Alderman Sobel suggested that the report be referred back to the Projects & Services Engineer to come in with a report outling alternate means of solving the problem. Alderman Merrett suggested it might be worthwhile to refer the matter to the Parking Conmittee to review not Just this particular intersection but the entire area. Following further comment, it was moved by Alderman Sobel, seconded by Alderman Fern, that the report be referred to the Parking Committee. Carried Unanimously. No. 606 - City Manager - Re: Parking on Portage Road. The report recommends that the necessary by-law be prepared to prohibit parking on the..easterly side of Portage Road from St. Paul Avenue to Brooks Street. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 607 - City Manager - Re: Retirement of Maintenance & Operations Engineer. The report recommends that the Maintenance & Operations Engineer, Mr. O. van Deurs, be allowed to work up until his retirement date of October 31~ 1979, and that he be paid for all his vacation, ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings~ that the report be received and adopted. Carried Unanimously. No. 608 - City Manager_ - Re: High Pressure Sodium Lighting Fixtures vs. Mercury Vapor Lighting Fixtures. The report recommends that Niagara Falls Eydro be requested to install sodium vapor fixtures on Queen street between River Road and Erie Avenue and at the intersection of Stanley Avenue and Murie Street on a test basis. ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman~ that the report be teasired and adopted. Carried Unanimously. ..... 12 No. 609 - City Clerk - Re: Consent Items. 1) 2) Downtown Board of Management - Re: Closing of Queen Street, October 20/79. Recommendation - That the request be granted. Boy Scouts of Canada, Niagara District Council - Re: Super Walk '79. Recommendation - That the request be granted on the understanding that similar approvals are received from Regional Niagara, Niagara Parks Commissk~ and Police Authorities. 3) Niagara Falls Family Y.M.C.A. - Re: Oktoberfest Fun Run. Recommendation - That the request be granted on the understanding that similar approvals are received from Regional Niagara and Police Authorities, 4) Polka Feet Committee - Re: Polka Fest- October 10 - 14, 1979. Recommendation - That the invitation be accepted and as many members of Council as possible participate in the festivities. 5) Dovemead Limited - Re: Superman II Production. Recommendation - For the information of Council. 6) Niagara Square - Re: Permission to Land Helicopter, November 17, 1979, Recommendation - That the request be granted subject to similar approval being received from the Department of Transport. 7) Ontario Dietetic Association - Re: Ontario Nutrition Week, October 21-27, t[ Recommendation - That the week of October 21 - 27, 1979 be designated as Nutrition Week. 8) Regional Municpality of Niagara - Re: Analysis of Operating Expenditures by all Municipalires - 1978. Recommendation - For the information of Council. 9) Mr. D. Tyagi, Design & Construction Engineer - Re: 1979 Annual R.T.A.C. Conference. Recommendation - For the information of Council. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 610 - City Manager - Re: Building Permits. The report provides informstier and a breakdown of the permits isnued by the Building & Development Department for the month of September, 1979, ORDERED on the motion of Aldermen Schisler, seconded by Alderman C.mmings, that the report be received and filed. CarriedUaanimously. No. 611 - City Manager - Re: Municipal Accounts. The report recommends paymast of the municipal accounts. Alderman theeamen provided additional information on Cheque #1159 in response to a question raised by Alderman Cummings. ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that the report be received and adopted. The motion Carried with Alderman Putti~ abstaining on Cheque #1166, and all others votin~ in layout. RESOLUTIONS No. 92 - CHEESMAN - DILTS -RESOLVED that this Council intends to pass by-laws amending the restricted area by-laws for the former Townships of Willoughby, .Crueland and Humberstone which are applicable to lands now within the limits of the City of Niagara Palls by making it a requirement that no person shall erect a building or structure on any lot except upon a lot which fronts or abuts upon an improved street which shall be defined as follows: "improved street" means a street which has been constructed in such a manner so as to permit its use by the general public for the passage of normal vehicular traffic on a year round basis and, in addition to the foregoing, in the case of a street that is under the Jurisdiction of the Corporation of the City of Niagara Falls, the maintenance of such street has been assumed by the said Corporation and such street is eligible for subsidy purposes under The Fublic Transportation and Highway Improvement Act; PROVIDED that the above provisions shall not apply to a farm building or a farm structure which is not to be used for the purpose of human habitation; AND BE IT FURTIiBRRESOLVED that the City Solicitor is hereby directed to draft amending by-laws for submission to Council at its next regular meeting; AND the Seal of the Corporation be hereto affixed. Carried No. 93 - SCHISLER- FERA - RBSOLVED that the Council of the Corporation of ths City of Niagara Falls hereby certifies thnt By-law No. 79-174 for the rezoni~ - 13 - of lands on the southwest corner of Baker Road and the Q.E.W., will conform Co Official Plan Amendment No. 29 of the Niagara Falls Planning Area, once Amendment No. 112 has been approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. ~ Carried Unanimously No. 94 - FERA - I,~RRETT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-171 for the rezoning of Block "C" of Registered Plan 245, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried UnanimoUsly No. 95 - FERA - HINSPERGER - KESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-172 for the rezoning of Lots 62, 64, and 55 to 60 inclusive of Registered Plan M-52, conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried UnanimouSly ~ No. 96 - SOBOL - WALLMAN - RESOLVED that the unit prices submitted by Gauld Nurseries Limited for the 1979 tree planting programme, be accepted at the tendered price of $17,545.80; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 97 - SCHISLER - FERA - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited for the reconstruction of Culverts on Crowland Avenue and Morris Road, be accepted at the tendered price of $45,838.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimous~y No. 98 - FERA - CHEESMAN - RESOVLED that the unit prices submitted by Sake Furniture for the supply and installation of drapes for various offices on the second floor of City Hall, be accepted at the tendered price of $3,392.07; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-171 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-13/79, H. Demure Builders) No. 79-172 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-21/79, Lepp & Sons Builders) No. 79-173 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 112, C. Wilson) NO · 79-174 - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-23/79, C. Wilson) No. 79-175 - A By-law to authorize the execution of an agreement with Gauld Nurseries Limited for the 1979 tree planting program. No. 79-176 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the reconstruction of culverts on Morris Road and Crowland Avenue. No. 79-177 - A By-law to close portions of Queen Street to vchicular traffic on a temporary basis. No. 79-178 - A By-law to authorize an exchange of land with Joe Moretta Investments Limited. - 14 - No. 79-179 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Bender Hill) No. 79-180 - A By-law to provide for the commutation of special rates in respect of the construction of certain works as local improvements. No. 79-181 - A By-law to provide monies for general purposes. Carried with Alder~ Puttick abstaining~ Cheque #1166 of By~lml 79-181, and all voting in favour. ORDERED on the motion of Alderman Fare, seconded by Alderman Chessman, that the following by-laws be now read a second and third time: No. 79-171 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-13/79, H. Demote Builders) No. 79-172 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-21/79, Lapp & Sons Builders) No. 79-173 - A By-law to provide for the adoption of an amendment to the Offici~ Plan of the Niagara Falls Planning Area. (No. 112, C. Wilson) No. 79-174 - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-23/7! ,,. C, Wilson) No. 79-175 - A By-law to authorize the execution of an agreement with Gauld Nurseries Limited for the 1979 tree planting program. No. 79-176 - A By-law to authorize the execution of an agreement with Provinci~ Construction (Niagara Falls) Limited for the reconstruction of culverts on Morris Road and Crowland Avenue. No. 79-177 - A By-law to close portions of Queen Street to vehicular traffic on a temporary basis. No. 79-178 - A By-law to authorize an exchange of land with Joe Moretta Investments Limited. ~ No. 79-179 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Bender Hill) No. 79-180 - A By-law to provide for the commutation of special rates in respect of the construction of certain works as local improvements. No. 79-181 - A By-law to provide monies for general purposes. Carried with Aldem Puttick abstainingi Cheque #1166 of By~ 79-181, and all 0t~ i voting in layout.__ NEW BUSINESS BADEN POWELL PARK Alderman Merrett requested that a report be prepared by the Recreation Department on the status of Baden Powell Park, and when it will be completed. The Alderman advised that a number of residents living iu that area had been waiting for five or six years for the park to be completed. METHANE GAS AT ROUCK PARK Alderman C.mm~ngs asked When the report of the consultant would be availa~ ' on the test~g for 8as a~ Rouck 'Perk. The Maintenance & Operation~ ~gineer ,indicated that the report would be available on October 29, 1979. - 15 - PAYMENT OF PART TI~ ARENA EMPLOYEES Alderman Cummings referred to a change made recently whereby part time employees at the Niagara Falls Arena were now paid by cheque, and asked if this same system would be instituted at the other City arenas. The City Treasurer stated that at the beginning of 1980, the Stamford and Jack Bell Arenas would change over to this system of payment. INTERSECTION OF STANLEY AVENUE AND VALLEY WAY ~lderman Cummings stated that residents in the area of Stanley Avenue and Valley Way would like to have traffic lights installed at this intersection. Since a small industrial plaza was being constructed in this area, the residents felt congestion would be even worse than at present. The Alderman referred to the motel on the opposite corner to the plaza, and indicated that it was his understanding a piece of that property will be coming out so there would no longer be the sharp jog at the corner. ~ayor Thomscn stated that he was not aware of any plans to re-+align the intersection, however he suggested the matter be referred to staff. It was moved by Alderman Cummings, seconded by Alderman Dilts, that the matter be referred to staff for the preparation of a report. Carried Unanimously. POSSIBLE EXTENSION OF ST. LAWRENCE AVENUE Alderman Puttick referred to the old urban renewal studies carried out some time ago, in which it had been recommended that St. Lawrence Avenue be extended north to Bridge Street. The Alderman felt it would be appropriate to review this reconnnendation, and commented that this connection between Queen Street and Bridge Street would generate more traffic to the businesses on Bridge Street. It was moved by Alderman Puttick, seconded by Alderman MacBain, that the matter be referred to staff for the preparation of a report. Carried Unanimously. TRANSFERS IN FINANCE DEPARTMENT ~derman Puttick referred to the recent hiring of the Accounts Supervisor in the Finance Department, and the fact he had suggested there might be problems over the hiring of that particular person. The Aldermen indicated that he had become aware of a number of recent transfers by employees in that Department, and asked that a report be prepared on the reasons for these transfers. The City Treasurer indicated that two clerk-typists in the Finance Department had transferred to the Engineering Department, however there had been a number of internal transfers within the Finance Department. The City Treasurer further explained that whenever a higher pzying position became open, it resulted in a "musical chairs" type of change within the Finance Department. It was moved by Alderman Puttick, seconded by Alderman Merrett, that the matter be referred to staff for the preparation of a report. Carried Unanimously. 'CONFERENCE AND CONVENTION RESERVATIONS Alderman Puttick asked if there had been any change in the policy, whereby the City Clerk's Office made arrangements for reservations for persons attending conferences and receipts for expenses were returned to the Finance Department. The City Treasurer indicated that the procedure followed was to issue a cheque prior to the conference and the person attending was expected to make his own arrangements directly or through the association sponsoring the conference. Alderman Puttick asked if receipts were submitted to the Finance Department following a conference. The City Treasurer stated that the only receipts submitted to his office were for one or two day visits not covered by the conference policy. There are occasions when an employee is required to stay over in another city, and that person must submit receipts and expense statements. The only other time receipts are required was if the cheque issued did not cover the cost of hotel accommodations. Mayor Thomson also explained that the specific cost of accommodation is usually known prior to a conference, and a cheque is prepared on that basis. HUMANE SOCIETY Alderman Dilts advised that he had reviewed the number of dog bites reported over the last year and the recent fatality that had occurred where a young boy had been killed by dogs, and felt the problem had become serious - 16 - enough that the City should take further action. The Alderman suggested that it might be advisable for a meeting to be arranged with officials from the Police, the Ontario Humane Society and the City's Legal Department to discuss the problem further. Alderman Dilts stated that it would appear there was some confusion as to what can be done in the case of a dog bite, whether or not an animal can be impounded, the authority of the police in such a situation, etc. Alderman Dilts suggested that such a meeting might be helpful in trying to correct this problem in the 1980 budget. Alderman Fera felt that the problems the City was experiencing with the Humane Society would never be resolved as long as there are persons on the Board of Directors with personal grudges against one another. TheAlderman referred to irregularities in proceedings of Society meetings, that he considered to be inconsistent with normal rules of procedure, which he felt was an indication there were problems at the Society. Alderman Merrett felt the City should proceed on this as quickly as possible, to determine exactly what level of service the City can afford. Alderman Cheesman cautioned the members of Council against laying all of the problems on the Society. The Alderman reminded Council that there are areas over which the Society has no control and no rights on which to act. It was Alderman Cheesman's opinion that the Society was not responsible for all of the dog control problems in the City, and that the Society should not be hriticized because owners are not controlling their pets. The Alderman commented that there was a great deal of criticism against the Society, but very little credit is given for the good works the Society does. Alderman Chessman felt the solution would not be found in dismantling of the Society or the continued denegration of the Society's work. Mayor Thomson suggested that Council should start off by contacting officials of the Ontario Humane Society and obtaining further insight into the problem, then dealing with the police and whatever other authorities necessary. ___ Alderman Schisler commented that he did not think the Niagara Frontier Humane Society was a member of the Ontario Humane Society. The Alderman als0 commented that the City was only buying its animal control services, and if the City was nor satisfied with the present service, animal f~ontrol should be tendered out. Following further discussion, it was moved by Alderman Dilts, seconded by Alderman Merrett, that the City Clerk be di[ected to arrange a meeting with officials of the Ontario Humane Society o this matter. Carried Unanim0u!! MESSAGE OFT HANKS Mayor Thomson requested that letters of thanks be extended to the team representing Niagara Falls in the Man-A-Mile Race, as well as the Optimist Track and Field Club and Maple Leaf Village for their assistance. It was moved by Alderman Merrett, seconded by Alderman Dilts, that Council's appreciation be extended to the individuals involved. Carried Unanimously. NEW FACES PROGRA,-~'{E Mayor Thomson requested that letters of congratulation be forwarded on behalf of Council to the people who participated in the New Faces programme on October 7th, 1979. It was moved by Alderman Cheesman, seconded by Alderman Sobol, that letters of congratulation be extended to the individuals involved. Carried Unanimausly. .. It was moved by Alderman Cheesman, seconded by Alderman C,,mmtngs, that the meeting adjourn. Carried Unanimously. AND ADOPTED, THIRTY-SECOND MEETING Committee Room #1 October 15, 1979 COMMITTEE OF THE I~HOLE Council met on Monday, October 15, 1979 at 6:45 p.m. in Committee of the ~Pnole. All members of Council were present with the exception of Aldermen Cheesman, Fera and Puttick. Alderman b~cBain presided as Chairman. Following consideration of the items presented, the Committee of the Whole rose and reported. READ AND ADOPTED, Council Chambers October 15, 1979 Council met on Monday, October 15, 1979 at 6:50 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Chessman, Fera and Puttick. His Worship, Mayor Thomson presided as Chairman. EXTENSION OF TIME - REPORT ON FLOODING It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the period of time provided in order to prepare a report on flooding · problems in various areas of the City, be extended from October 29th to November 12th, 1979, and that suitable notice be advertised in the local press. Carried Unanimously. BY-LAW ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 79-182 - A By-law to amend By-law No. 79-177, to close portions of Queen Street to vehicular traffic on a temporary basis. Carried Unanimouslx ORDERED on the motion of Alderman Hinsperger, seconded by Alderman MacBain, that the following by-law be now read a second and third time: No, 79-182 - A By-law to amend By-law No. 79-177, to close portions of Queen Street to vehicular traffic on a temporary basis. Carried Unanimouslx It was moved by Alderman Cummings, seconded by Alderman MacBain, that the meeting adjourn and Council reconvene in Committee of the Whole. Carried Unanimously. READ AND ADOPTED, J. L. COLLINSON, CITY CLERK MAYOR WAYNE THOMSON -2- COMMITTEE OF THE WHOLE Committee Room #1 October 15, 1979 Council reconvened in Committee of the I,~ole on Monday, October 15, 1979, following a special meeting of Council. All members of Council were present, with the exception of Aldermen Cheesman, Fera and Puttick. Alderman MacBain presided as Chairman. Following consideration of the items presented, the Committee of the Whole adjourned to General Committee session. READ AND ADOPTED, COLLINSON, CITY CLERK, MAYOR WAYNE THOMSON THIRTY-THIRD MEETING Council Chambers October 22, 1979 REGULAR MEETING Council met on Monday, October 22, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Dilts and Puttick. His I~rship, Mayor Thomson presided as Chairman. Alderman Sobol offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the minutes of the meeting held on October 9, 1979, be adopted as printed. Carried Unanimously. PRESENTATIONS A,M.C.T.A. CERTIFICATE - ~. G. ATACK His Worship, [~yor Thomson presented Mr. G. Atack of the City's Planning Department with a certificate signifying successful completion of the Association of Municipal Clerks and Treasurers of Ontario Municipal Administration Course. 75TH ANNIVERSARY AWARDS His Worship, ~yor Thomson presented awards to Miss Jackie Mitchell, accepted by her mother, and Mr. Laurie Hersom, in recognition of their outstanding achievements during 1979, the 75th Anniversary of the City of Niagara Falls. RETIREMENT WATCII His Worship, bEyor Thomson presented a retirement watch to Mr. D. Harrison of the vehicle maintenance section, who retired on August 31, 1979 after more than twenty-two years of service to the Municipality. 25-YEAR PLAQU~ His Worship, ~yor Thomson presented a 25-Year Service Plaque to Mr. R. MAglicic who completed twenty-five years of service to the municipality this year. UNFINISHED BUSINESS FRUITBELT TRUCKING INC. - APPEAL BY S.B. MILINKOVICH AND NICHOLAS AND DIANE MASONOVICH FROM DECISION OF THE NIAGARA ESCARPmeNT COMMISSION _ Report No. 612 - City Manager - The report advises that as the City is neither an appellant nor applicant (respondent) in a hearing to be held by the Commission as a result of appeals, and since Council's approval and the Planning & Development Committeets approval of the application for the development permit have been filed with the Commission and will form part of the material before the hearing, it is not felt the City needs to be represented at the hearing. Mayor Thomson suggested that since the hearing was in the City Hall, that staff couldstand by in the event additional information is required. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. MINISTRY OF HOUSING LOAN W-5-2 WATERCOURSE IMPROVEMENT Report No. 613 - City Clerk - The report recommends that the action of Council in General Committee of Beptember 17, 1979 regarding improvements to the W-5-2 Watercourse be ratified and that any further action with respect to the approval of By-law 78-36 be terminated, and that the project not be pursued at this time. ORDERED on the motion of Alderman Sobol, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unauimously. AGREEMENT BETWEEN THE CITY AND BOARD OF GOVERNORS OF NIAGARA COLLEGE OF APPLIED ARTS & TECHNOLOGY Report No. 614 - City Manager - The report recommends passage of a by-law to authorize a new agreement with the College embodying the 1978 agreement and recent changes requested by the College with respect to a grant from the City for the establishment of a local campus. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. See By-law No. 79-15~4 OFFER TO PURCHASE FORMER POLICE BUILDING Report No. 615 - City Solicitor - The report requests Council if it would be willing to initiate an amendment to the zoning by-law and Official Plan if required, and whether Council is agreeable to extending the date for completing the transaction for a period of three months expiring January 31, 1980. In response to a question raised by Alderman Sobol, the City Solicitor advised that since the City is presently the owner of the land, the purchaser would expect the City to proceed with the application. The purchaser would be responsible for supplying the Planning & Development Committee with all details required. Alderman Sobol suggested that Mr. Spiroff could process the application himself and purchase the property on the condition a rezoning can be obtained. The City Solicitor indicated that the offer is subject to the condition they can use the property for a particular purpose. It has been the policy of the Planning & Development Committee that either the the owner can make application or the purchaser can make the application with the owner's consent. It would be at the direction of Council whether the City would make the application or the purchaser. In response to a question raised by Alderman Chessman, the City Solicitor indicated that he did not want the impression given that Council would pre-judge the application before full submission was made l~the Planning & Development Committee. The purpose of the report was to initiate the procedure to be followed and not to make a decision on the rezoning of the property. Alderman Fera expressed the concern that Council was in effect indicating its approval of the application before the application went to the Committee. Mayor Thomson explained that in the initial discussions, it was suggested that the use intended would be a permitted use, however since that time the purchaser has altered the use which make a rezoning necessary. The only direction requested from Council was on the procedure to be followed for the rezoning. The City Solicitor further added that he anticipated a full hearing before the Committee and that the Committee would make a recommendation to Council on the matter. The reason for the postponement of the closing date was to allow the application to proceed in the usual manner. Following further comment, it was moved by Alderman MacBaSh, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. DOWNTOWN REVITALIZATION PROJECT Report No. 616 - City Manager - The report recommends passage of a by-law to authorize an agreement with Mr. A.V. Crate for his services in preparing recommendations on downtown revitalization. The City Clerk read a letter received from Mr. Crate wherein he expressed his concerns on the possibility of influencing a major department store to locate in the downtown without strong supporting retail or commercial operations that might not presently exist. Mr. Crate felt it might be advisable to examine the prospects of a new convention/recreational centre and associated facilities in order to determine if it would be possible to further diversify the central business district and build in new strengths which could compensate and improve the negotiating position with a major retailer. Both Mayor Thomson and Alderman Herrerr commended Mr. Crate for his honesty in dealing with the problem and suggested the matter proceed as quickly as possible. In response to a question rais&d by Alderman Schisler, the City Solicitor advised that the agreement provides that the fee is not to exceed $16,500 without prior written consent of the City. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Cheesman, that the report be received and adopted. Carried ~nenimously. See ~y-lawNo. - 3- STANDARDS OF PERFOR}L~NCE - OFFICE OF THE CITY )L~NAGER Report No. 617 - Alderman W.A. Hinsperger - The report recommends adoption and implementation of guidelines for maximum percentages of outstanding taxes as follows: December 31st, 1979 - 12%, May 1st, 1980 - 11%, December 31st, 1980 - 10.5%, December 31st, 1981 - 9%, and adoption of a follow-up system for matters referred to staff by Council. Alderman Hinsperger noted that the figures relating to outstanding taxes particularly the b~y 1980 figure, are based on the 1979 taxes due the City. It was the Alderman's understanding that in the past, the City had never been able to get down as low as 12% or 11% for some time. The City Treasurer indicated that he believed the rates had not been that low since the 1960's. ORDERED on the motion of Alderman Hinsperger, seconded by A/derman MacBain, that the report be received and adopted. Carried Unanimously. HOUCK PARK METHANE SURVEY - 1979 Report No. 618 - City Manager - The report recommends that Hydrology Consultants be hired to assess the extent of migration along the west side of Houck Park at a fee not to exceed $1,500 and the survey be carried out in January, 1980 in order that the findings may be available to decide whether an extension to the existing system, if any, is needed so that the cost of such work can be included in the 1980 budget. Alderman Cummings pointed out the importance of these studies being conducted in order to ensure not only the safety of surrounding residents, but persons attending sports functions at Houck Park. The b~intenance & Operations Engineer provided additional information on the use of Hydrology Consultants by the City, in response to a question raised by Alderman Fera. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others voting in favour. OFFICIAL PLAN ~a~NDMENT NO. 71 AND DRAFT ZONING BY-LAW Report No. 619 - Planning & Development Conm~ittee - l~e report reconm~ends: 1) That Council accept the report of the Planning & Development Committee in response to inquiries and objections raised by various individuals; 2) That the City Solicitor be authorized to make the necessary revisions to the draft zoning by-law in accordance with the report; 3) That the final revised by-law be presented to Council on November 5, 1979 for consideration and possible enactment; and 4) That the Planning Director proceed with the necessary revisions to proposed Amendment No. 71 as revised and that these also be presented to Council for consideration and possible enactment. }~yor Thomson commended the Planning Department staff, in particular the Planning Director, and the City Solicitor for their efforts in having the by-law proceed smoothly to this point. The Planning Director advised that two points have arisen affecting the draft zoning by-law. The first aspect is a question by River Realty on the zoning south of McLeod Road shownby the City as industrial. River Realty has made several suggestions on what should be designated heavy industrial and prestige industrial, and would like to see these points incorporated in the by-law. Secondly, Marineland has questioned the zoning on their holdings and has suggested an open space designation. The Planning Director advised that rather than delay the entire by-law, he and the City Solicitor could review the two requests and report back to Council at the next meeting with suggested action. The Planning Director felt the City could satisfy the concerns raised and that he would report back to Council with suggested alternatives that could be incorporated into the by-law at that time. ORDERED on the motion of Alderman Fete, seconded by Alderman Merrett, that the report be received and adopted, and further that the action outlined by the Planning Director concerning requests of River Realty and Marineland, be approved. Carried Unanimously. COMMUNICATIONS No. 239 - Special Committee to Assist the Calamusa Family - Re: Support -4- for Calamusa Family. The communication requests endorsement of efforts to have the Calamusa Family remain in Canada. Mayor Thomson noted that petitions received in support of the Calamusa Family have been signed by 1,196 individuals. Alderman Cummqngs felt Council should indicate its support of the Calamusa Family and their attempts to remain in Canada, and that an appropriate letter be forwarded to the Federal Government advising accordingly. Alderman Fera indicated his support for the Calamusas' efforts, and pointed out that the children should be taken into consideration. Alderman Schisler expressed concern that Council had been requested to endorse certain statements concerning the Calamusa Family, and pointed out that he could not swear to certain facts contained in the letter. Mayor Thomson suggested that it would be more appropriate to support their efforts to remain in Canada and send a letter to the Federal Government requesting officials to reconsider the matter. Alderman MacBain felt it should be made clear that Council's support was given on the basis of the information presented to Council. The persons charged with the responsibility of dealing with the matter would hear both sides of the story, and Council could only base its decision on the side of the story presented. Alderman Chessman stated that Council was not qualified to make a Judgement on the matter before the courts elsewhere where various facts have been brought. Council could not be aware of all factors involved, and it would be presumptuous of Council to call upon the court or tribunal to overturn its decision on the basis of the information presented. Whatever assistance given by Council would have to be support on the basis of humanitarian and compassionate grounds. The Alderman pointed out that there are many persons wishing to come into Canada, who must wait in line and meet all regulations. Alderman Chessman felt it was important that the system be safeguarded and equitable. Mayor Thomson connnented that the request was for support of the City on humanitarian and compassionate grounds, and suggested'.that Council deal with the request pn that basis. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Fore, that Council indicate its support of the Calamusa Family's efforts to remain in Canada on compassionate and humanitarian grounds, and further that the Federal Government be requested to reconsider the matter on that basis. Carried Unanimously. No. 240 - Regional Municipality of Niagara - Re: Amendment 1 to the Niagara Regional Policy Plan. The communication requests further comments of the Municipality on a review of Provincial and local comments on Amendment 1 to the Niagara Regional Policy Plan. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the communication be referred to staff to determine if any further comments are necessary. Carried Unanimously. No. 241 - Provincial Secretary for Social Development - Re: Group Homes. The communication requests consideration to the development of a policy by the City to facilitate the establishment of group homes in 'all residential areas. Alderman Chessman urged members of Council to review the material in detail, and conmaented that he felt the chief beneficiaries of group homes would largely be young people from broken homes and with social problems. The Alderman hoped the City would be able to deal with this matter in a positive and generous way. The Planning Director stated that the Province's initiative in this matter was refreshing, and that the City would examine the concept of group home living very carefully. ORDERED on the marion of Alderman Merrett, seconded by Alderman Cummings, that the communication be referred to Planning Department staff and the Social Planning Council for comment. Carried Unanimously. No. 242 - Secretariat for Social Development - Re: Ontario Career Week. The communication requests endorsement of the City for promotion of Ontario Career Week - October 29 - November 4, 1979. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that Council endorse the designation of the week of October 29 -. November 4, 1979 as Ontario Career Week. Carried Unanimously. , .... 5 -5- No. 243 - Local Council of Women - Re: Discussion on Developing Youth to be Responsible Citizens. The communication invites members of Council to attend a panel discussion on October 25, 1979 on "Developing Youth to be Responsible Citizens". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the communication be received and filed, and further that thanks be extended for the invitation and as many members of Council as possible attend. Carried Unanimously. No. 244 - Ministry of Consumer and Commercial Relations - Re: Landlord and Tenant Advisory Bureau. The communication requests that Council consider continuing the services of Landlord & Tenant Advisory Bureau until July 1, 1980. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that the City continue the services of its Landlord and Tenant Advisory Bureau through Information Niagara, as requested. Carried UnanimouslZ. No. 245 -Ministry of the Environment - Re: Processed Organic Waste Sites. The communication advises of applications received for the establishment of processed organic waste soil conditioning sites in the City of Niagara Falls. Alderman MacBain suggested that the matter be referred to staff for the preparation of a report. The Director of Municipal Works stated that the locations indicated by the Ministry were immediately in the area of fairly extensive hearings the City had been involved in previously. From an engineering point of view, there was no problem with the proposal, however the Director of Municipal Works felt the matter should be looked at from several different aspects, such as legal and planning. Alderman MacBain agreed that the report should be quite broad in nature and take all points into consideration. Alderman Sobol commented that she felt the communication was for information purposes only and the comments of the municipality were not being requested. The City Clerk suggested that representatives of the Ministry could be invited to a meeting to explain the matter. It was further explained that the permits did not involve storage of processed organic waste, but use of the material as--a fertilizer to be worked into the soil. Mayor Thomson explained that new legislation has been passed which makes it necessary for permits to be issued to persons wishing to dispose of sewage sludge on farm property. In the past no permits were issued, and there was little or no interference unless complaints were received. The Mayor confirmed that the material would be worked into the soil and used as fertilizer. Alderman Schisler suggested that in any approval given, there should be a condition that the material be worked into the soil within so many hours. Mayor Thomson stated that permits stipulate the material must be worked into the soil within twenty-four hours. Following further comment, it was moved by Alderman ~cBain, seconded by Alderman Orr, that the matter be referred to staff for the preparation of a report. Carried Unanimously. REPORTS No. 620 - City Manager - Re: East Service Road, Proposed Street Name Change Suggested by Niagara Falls Art Gallery & Museum. The report recommends that staff inform the Niagara Falls Art Gallery & Museum that the East Service Road is proposed to be re-named Oakwood Drive, and that the proposed Street Name Changes By-law will be dealt with by Council in the near future. Alderman Wallman suggested that a street number be assigned to the Museum when the street name is changed. Mayor Thomson indicated that this would be done automatically. ORDERED on the motion of Alderman Fore, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 621 - Planning & Development Conunittee - Re: Fees Charged for Processing Official Plan and Zoning Amendments. The report recommends that the fees charged for Official Plan Amendments be increased from $100 to $200, for -6- Zoning Amendments from $100 to $150, and for Draft Plans of Subdivision from $100 to $150, effective immediately. ORDERED on the motion of Alderman MacBain, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 622 - City Manager - Re: Tender on Winter Sand. The report recommends that the supply, delivery and mixing of winter sand for the 1979-80 winter season be awarded to Vineland Quarries and Crushed Stone Ltd. In response to a question raised by Alderman Merrett, the Director of Municipal Works advised that the material being tendered was approved by Council over the previously used coarse material. Alderman Merrett noted that there were problems with dust from this material, and that the material was difficult to clean off the roads since it could still be seen throughout the City. Alderman Merrett asked if the cost saving was worth the extra clean-up time. The Director of Municipal Works explained that the material involved in the tender was more expensive than the coarse material used previously. The finer material was chosen by Council because the coarse material was difficult to remove following the winter. Alderman Merrett asked if it would be too late in the year to re-tender the supply of winter sand. The Director of Municipal Works advised that the City can re-tender since no price has been accepted by Council. It was further advised that this · material was the same material tendered throughout the Region. Mayor Thomson asked why this material was not tendered on a Regional basis. The Director of Municipal Works advised that the City got a lower price than the Region. In response to a question raised by Alderman Merrett, the Director of Municipal Works confirmed that there would still be the dust problem on Regional Roads even though the City might use a different material. Mayor Thomson asked if there would be much difference in price between actual sand and the material being tendered. The Director of Municipal Works stated that he did not know the actual difference in cost, however explained that the top of the specification was coarse matWrial and the finer material was at the bottom. The finer the specification, the more expensive the material is to manufacture. In response .to a further question raised by Mayor Thomson, the Maintenance and Operations Engineer stated that if the City re-tendered, the material would not be available until three weeks into November. Although there is stlll approximately fifteen hundred tons of material on hand, If cold weather and snow set in early, the City could be short of sand. Following further discussion, it was moved by Alderman Merrett, seconded by Alderman Hinsperger, that the report be tabled and that a comparison be made on the use of actual sand, the previously used coarse material and the finer material presently on hand. The motion Carried with Alderman Schisler voting contrary, and all others voting in fayour. No. 623 - City Manager - Re: Rental of Snow Removal Equipment. The report recommends that the tender submitted by J.g. Grove & Sons be rejected, and that the tender submitted by Modern Crane be accepted with the proviso that the units are operational and available when called out and capable ;f performing the work required. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the ~eport be received and adopted. Carried Unanimously. See Resolution No~ No. 624 - City Manager - Re: Tender for Trucks for Snow Removal. The report recommends acceptance of all tenders with the proviso that the available trucks needed be rented in order of their hourly rates per cu. yd. and that the trucks are suitable for the loaders employed. Alderman Schisler referred to the statement in the report that the cost for using City trucks at night when most snow is removed was higher than using tendered trucks, and asked if it would still be more expensive if a night shift was set up. The Maintenance & Operations Engineer confirmed that the cost is slightly higher to use City crews at night than to use rented trucks. Snow removal is usually conducted five or six t~es per year, 'and it would be very expensive to have a crew standing by, when it is not known in advance when weather conditions willpermit snow removal operations. -7- In response to a further question raised by Alderman Schisler, the Maintenance and Operations Engineer indicated that City trucks would be used on snow removal, and rentals will be called in as required. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 100 No. 624 - City Manager - Re: Parking in Front of City Hall. The report recommends passage of a by-law to remove parking restrictions on Queen Street in front of City Hall, so that meters may be installed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 79-190 No. 625 - City Manager - Re: Intersection of Glengate and Maplewood. The report advises that the Region will not approve the erection of a four-way stop at the subject intersection, and recommends that the by-law authorizing this four-way stop be rescinded. Alderman Merrett asked if City traffic by--laws were approved by the Region on a regular basis. The Director of Municipal Works explained that the Region assumed authority for approving traffic by-laws from the Ministry of Transportation & Communications. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the report be received and adopted. The motion Carried with Alderman Merrett voting contrary, and all others voting in favour. No. 626 - City }~nager - Re: Stop Signs. The report recommends preparation of a by-law to provide for stop signs both northbound and southbound on Belfast Avenue at its intersection with Mulhern Street and~on eastbound and westbound Skinner Street at its intersection with Heximer Avenue. ORDERED on the motion of Alderman Sobel, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 627 - City Manager - Re: Parking on Ontario Avenue. The report recommends preparation of a by-law to prohibit parking at all times from the easterly side of Ontario Avenue from its intersection with Eastwood Street to its intersection with Hiram Street. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 628 - City Manager - Re: Site Plan Approval, Proposed Addition to Riverdale Frozen Foods, 10929 Niagara River Parkway. The report recommends approval of the subject Site Plan as submitted. ORDERED on the motion of Alderman Wallman, seconded by Alderman Chessman, that the report be received and adopted. -Carried Unanimously. No. 629 - City Manager - Re: Nine Month Statement of Revenue and Expenditure. The report provides information on revenue and expenditures for tax supported services, water supply system and the parking operation for the period ending September 30, 1979. Alderman Merrett referred to the miscellaneous administration expense of $18,322 which included labour and equipment charges relating to parades and other civic events, for which no specific amount had been included in the budget, and asked if part of this amount involved the City's 751h Anniversary. The City Treasurer confirmed that a portion of the amount involved 751h Anniversary expenditures, however it could be sorted out and those charges redistributed accordingly. Alderman Merrett stated that he would hate to see a problem in other years where an event takes place and the City is not properly charging these amounts to the proper'agencies or sections in the budget. The Director of Municipal Works stated that for some parades, there is no specific account to which these expenses can be charged. Staff are required to erect barricades, remove them later and then clean up after the event. Alderman Merrett stated that if this was to be a recurring problem, there should be a specific figure set out in the next budget. The Director of Municipal Works indicated that this was the intention of staff. Alderman Cheesman explained that during planning of the City's 751h anniversary celebrations, trying to determine what expenditures would be -8- picked up in the budget, was a recurring question. The question wasn't always answerable, and had the Committee known, this could have been specified. In response to a question raised by Alderman Sobol, the City Treasurer advised that the over expenditure on accumulated sick leave credits referred only to severance pay for unused sick time. The City Treasurer also advised that the figures on the bottom of Page 3 of the report referring the percentage of taxes collected, should be corrected to read 87.9% for 1979 and 85.8% for 1978. ORDERED on the motion of Alderman MacBain, seconded by Alderman Wallman, that the report be received and filed. Carried Unanimously. No. 630 - City Clerk - Re: Resolutions from Other Municipalities. l) City of Kitchener - Requesting that the Minister of Revenue be asked to review his Ministry's new assessment information program with a view to providing to municipalities all information previously received in usable form and at no increase in cost to the municipality. Recommendation - That the resolution be endorsed and the Province so notified. 2). City of Kitchener - Requesting permissive legislation in order to enable th~ municipality to sponsor a refugee family. Recommendation - That the resolution be endorsed. 3) Town of Oakville - Requesting the Province to make required amendments to the Highway Traffic Act to provide stiffer penalties for speeding, racing and tailgating on residential streets. Recommendation - That the resolution be received and filed. 4) City of Port Colborne - Requesting the Region to adjust the water rates according to the quality of the water provided. Recommendation - That the resolution be received and filed. 5} Town of Niagara-on-the-Lake - Requesting that the Income Tax Act be amended to increase the amount of exemption for volunteer firmmen. Recommendation - That the resolution be endorsed. 6) City of Kitchener - Requesting the Province to remove the Provincial Fuel Tax for fuel utilized for municipal transit systems. Recommendation - That the resolution be endor~. 7) City of Kitchener - Requesting the Provincial Government to enact legislati0~ to regulate the ownership and keeping of dogs trained for attack and guard duties. Recommendation - That the resolution be endorsed. 8) City of Chatha~ - Requesting the Province to reconsider an amendment to the Municipal Act which would make it mandatory that Council fill a vacancy in Council by an election. Recommendation - That the resolution be endorsed. Mayor Thomson referred to the resolution from Kitchener concerning guard dogs, and advised that he had been unsuccessful in his attempts to have Council endorse this resolution. Mayor Thomson felt there should be guidelines established so that a municipality can pass legislation regulating the keeping of dogs trained for attack and guard duties. ORDERED on the motion of Alderman Sobol, seconded by AldermanWellman, that the report be received and adopted. Carried Unanimousl. y.I No. 631 - City Manager - Re: Municipal Accounts. The report recommends of the municipal accounts. In response to a question raised by Alderman Orr, Mayor Thomson advised that Cheques ~1398 and ~1512 were for the purchase of the City's 75th T-shirts, from Calhoun Sportswear in St. Catharines. Alderman Orr asked why it was necessary to use an out of town firm to provide these shirts, especially for the City's 75th Anniversary, when many local firms could have supplied the same product. Alderman Cheesman advised that it was not the shirt itself, but the printing that could not be done in Niagara Falls. Alderman Orr stated that he knew of a number of suppliers in Niagara Falls that could have produced the same shirt. Mayor Thomson requested that Alderman Orr provide the names of these firms for the next meeting. ORDERED on the motion of Alderman Sobol, seconded by Aldgrman Fera, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 99 - SCHiSLER - CUI~INGS - RESOLVED that the unit prices submitted by Modern Crane for rental of snow removal equipment, be accepted with the proviso that the units are operational, available when called and capable of performi~ the work required, as follows: Trucks with Plows - Two (2) at $48.00 per hour; -9- Front-End Loaders - One (1) 2.5 cu. yd. at $39.00 per hour; Grader - One (1) at $65.00 per hour; ; AND the Seal of the Corporation be hereto affixed. Carried Unanimous_~/ No. 100 - SCHISLER - CUb~INGS - RESOLVED that the following prices received for the supply of trucks for snow removal be accepted with the proviso that the available trucks needed be rented in order of their hourly rates per cu. yd. and that the trucks are suitable for the loaders employed: TENDERER RATE PER HOUR AND NO. OF TRUCKS Warden Construction Salfi Trucking J. Baldin G. White Cameron Trucking M. Baldin Montgomery Bros. C & R. Haulage D. Lapierre D. Skinner D. G. Bawtinheimer Single Axle $17.50 / 3 $19.00 / 1 $19.00 / 1 $19.00 / i $17.00 / 2 Double Axle $22.50 / 1 $24.00 / 1 ; AND the Seal of the Corporation be hereto affixed. BY-LAWS $24.00 / 1 $24.00 / 1 $22.00 / 3 $24.00 / 2 $24.00 / 1 $24.00 / 1 $22.00 / 1 Carried Unanimouslx Mayor Thomson advised that he had received a request from Mr. N. Romagnano and his solicitor that By-law No. 79-185 dealing with construction of buildings frontlug on improved roads, be tabled until they had an opportunity to make a submission on the matter. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the by-law be tabled. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-183 - A By-law to authorize an agreement with the Board of Governors of the Niagara College of Applied Arts and Technology to provide a grant to Niagara College of Applied Arts and Technology. No. 79-184 - A By-law to authorize an agreement with Alexander V. Crate for a study of downtown revttaltzation. No. 79-185 - TABLED No. 79-186 - A By-law to amend By-law No. 1538 (1958) of the former Township of Crowland, as amended. (Frontage on Improved Roads) No. 79-187 - A By-law to amend By-law No. 70-69 to regulate the use of land and the erection and use of buildings and structures in that part of the former Township of Humberstone which is now in the City of Niagara Falls. (Frontage on Improved Roads) No. 79-188 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (No Parking - Portage Road) No. 79-189 - A By-law to amend By-law No. 3790, being a by-law for the regulation Of traffic. (One Way - Grey Avenue) No. 79-190 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Parking Meters on Queen Street) No. 79-191 - A By-law to provide monies for general purposes. Carried Unanimouslx - 10 - ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the following by-laws be now read a second and third time: No. 79-183 No. 79-184 - A By-law to authorize an agreement with the Board of Governors of the Niagara College of Applied Arts and Technology to provide a grant to Niagara College of Applied Arts and Technology. - A By-law to authorize an agreement with Alexander V. Crate for a study of downtown revitalization. No. 79-185 - TABLED No. 79-186 No. 79-187 - A By-law to amend By-law No. 1538 (1958) of the former Township Crowland, as amended. (Frontage on Improved Roads) - A By-law to amend By-law No. 70-69 to regulate the use of land the erection and use of buildings and structures in that part ofl former Township of Humberstone which is now in the City of Nia Falls. (Frontage on Improved Roads) No. 79-188 No. 79-189 - A By-law to amend By-law No. 3790, being a by-law for the of traffic. (No Parking - Portag~ Road) - A By-law to amend By-law No. 3790, being a by-law for the of traffic° (One Way - Grey Avenue) No. 79-190 No. 79-191 - A By-law to amend By-law No. 3790, being a by-law for the regulat~ of traffic. (Parking Meters on Queen street) - A By-law to provide monies for general purposes. Carried NEW BUSINESS TOURIST INFORMATION CENTRE Alderman Merrett advised of a recent announcement by the Minister of Industry and Tourism, that funds have been allocated in the Provincial budget to provide a new information centre in Niagara Falls. The Alderman advised that it was the responsibility of the Municipality to present a site to the Ministry, and the Alderman suggested that a committee of the Mayor, an and staff be established to pursue the matter. Alderman Merrett offered his services on such a committee. Mayor Thomson suggested that the intersection of Stanley Avenue and the Q.E.W. would be a suitable site. It was moved by Alderman Cummings, seconded by Alderman Chessman, that a special committee be established to review possible sites for a tourist information centre in the City. Carried Unanimously. RAILWAY CROSSINGS Alder~mn Merrett asked whose responsibility it was to have repairs made to the railway crossings in the City. The Director of Municipal Works advised that the City would have to request the appropriate railway company tO make the repairs, andtha railway company would hill half the cost to the road authority involved. Alderman Merrett advised that crossings on Stanley Avenue and Swayze Drive were in poor condition, and could damage vehicles using the crossings.' Mayor Thomson indicated that the Stanley Averide crossing at Unit Rig was in particularly bad condition and should be repaired. The Director of Municipal Works stated that in the case of the Stanley Avenue crossing, the Region would have to be requested to have the repairs made. It was moved by Alderman Hinsperger, seconded by Alderman Merrett, that the appropriate steps be taken to have the crossings repaired. Carried Unanimously. CONDOLENCE MESSAGES Alderman Schisler commented on the recent passing of former Alderman A.J. McKinley, and thanked the Mayor's Office for being prompt in sending messages of condolence to the family. CURES AND DRIVEWAY DEPRESSIONS The Director of Municipal Works advised that he had received a call from Mr. F. Branscombe, whose firm was involved in the construction of a develo - 11 - at the corner of Stanley Avenue and Valley Way. In that development, driveway entrances will be required. The Director of Municipal Works explained that during budget discussions, the policy for charges on providing driveway entrances, which involve removal of curb and replacement of properly constructed depressions and removal of any existing driveway and replacement with proper curb, were amended to a cost of $20.00 per ft. for the Municipality to do the work. When the price was set, it was explained that the City had been losing money on the previous charges, and it was felt the cost should be paid by the proponent of the request. With the $20.00 per ft. fee, the City would lose on some work and gain on others. The Director of Municipal Works advised that Mr. Branscombe has requested that his contractor be permitted to do the work himself. The work would involve a 70' driveway and 30' repair. On this type of work, the City would make money. As of the last week, the City was $700 ahead on this type of work, however the account can fluctuate depending on the number and type of requests. Mayor Thomson pointed out that this project was a substantial development and asked if the City was placing too many road blocks into the paths of people investing millions of dollars in the Municipality. The Director of Municipal Works stated that the City was trying not to lose any money. If the fee for large driveway entrances were eliminated, the City would lose on the smaller ones. Mayor Thomson pointed out that it was difficult to justify this cost to someone, when they can do it for half the City's price. ' AIderman [~cBain suggested the possibility of amending the City's policy so that it would only apply to entrances up to 50' in width. That way there would still be enough range to not hurt those reasonably large entrances, and still make up for the smaller ones without penalizing either. ~yor Thomson suggested discussing the policy at an upcoming General Committee session. The Director of Municipal Works advised that one year, the City could have mostly small requests, however this year there happened to be a fair number of larger requests. The policy could be discQssed at a future meeting, however on this particular request, Mr. Branscombe's contractor was' working in the field at the time, and would like to get on with the work. In response to Alderman MacBain's suggestion, the Director of Municipal Works felt the 50' figure would be a reasonable compromise on the understanding the work would be done under City supervision. Mayor Thomson suggested that the policy be amended temporarily, and that the entire matter be reviewed at a future meeting. It was moved by Alderman MacBain, seconded by Alderman Merrett, that the policy on curbs and driveway depressions apply only to those below 50' in width, and those above can be installed by the owner under the City's supervision. Carried Unanimously. It was moved by Alderman Merrett, seconded by Alderman Orr, that the ~eeting adjourn. Carried Unanimously. READ ANDADOpTED, ~.L. , CITY CLERK MAYOR WAYNE THOMSON THIRTY-FOURTH MEETING Council Chambers October 2~, 1979 SPECIAL MEETING Council met on Monday, October 29, 1979 in formal session, following a General Committee Session. All members of Council were present with the exception of Alderman Merrett. His Worship, ~yor Thomson presided as Chairman. REPORTS No. 632 - Ci_jt~aJ.e__r - Re: Community Services Contribution Pro~xam -- Neighbourhood improvement. The report recon-~ends passage of a resolution directing staff to forward an application to the Community Renewal Branch of the Ministry of Housing, for funds under the subject Program. ORDEP~D on the motion of Alderman Puttick, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. See Resolution No. No. 633 - ~~_ Re: Storm Sewer Behind Service Centre. The report recommends that the balance of funds budgeted for installation of the subject storm sewer, remain in Account #11332 for work inspections to cover unforeseen expenditures in connection with the study of flooding conditions in various sections of the City. The Director of Municipal Works provided additional information in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 634 - City Manager - Re: Falls Industrial Park Extension, Plan M.-67, Sale of Lots 4 and 5 to 426657 Ontario Limited. The report recommends passage of a by-law to amend By-law 79-162, so that title of the subject lots will be in the name of 426657 Ontario Limited rather than "Ralph Powell, In Trust". ORDERED on the motion of Alderman MacBain, seconded by Aldex~nan Cheesman, that the report be received and adopted. Carried Unanimously. See By-law No. 79-192 RESOLUTION No. 101 - CHEESMAN - FERA - RESOLVED that whereas notification has been received from the Ministry of Housing regarding the allocation of funcs to be used in connection with the 1980 Community Services Contribution Progra~me - Neighbourhood Component; AND WHEREAS November 1, 1979 has been established as the deadline for ~submitting applications to the Ministry; NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls submit an application to the Monourable Claude R. Bennett, Minister of Housing, for the approval of the projects listed below to an estimated cost of $3,840,000.00 with the Federal Government to pay 50% of the cost and the Provincial Government to pay 25% of the cost and the City to pay 25% of the cost, for the purposes of the 1980 Community Services Contribution Programme: PROJECT ESTIMATED COST 1. Soft Services - Land Acquisition and Improvements of the Niagara Falls Memorial Arena 2. Nard Services 3. Administration $ 1,700,000.00 2,040,000.00 100,000.00 $ 3,840,000.00 ; AND the Seal of the Corporation be hereto affixed. Carried Unanimous_,~ -2- BY-LAW ORDERED on the motion of Alderman Sobol, seconded by Alderman Wailman, that leave be granted to introduce the following by-law, and the by-law be read a first tlme: No. 79-192 - A By-law to amend By-law No. 79-162 being a by-law to authorize the sale of land in the Falls Industrial Park Extension. Carried Unanimousl}Z ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the following by-law be now read a second and third time: No. 79-192 - A By-law to amend By-law No. 79-162 being a by-law to authorize the sale of land in the Falls Industrial Park Extension. Carried Unanimously NEW BUSINESS RETIREMENT OF MR. O. VAN DEURS Mayor Thomson noted that Mr. Otto van Deurs, the Maintenance & Operations Engineer would be retiring on October 31, 1979, and that this was to be the last Council meeting he would be attending as a City employee. Members of Council Joined with Mayor Thomson in wishing Mr. van Deurs a happy retirement. It was moved by Alderman Hinsperger, seconded by Alderman Fera, that the meeting adjourn. Carried Unanimously. READ ANDADOPTED, ~ C~ MaYOR WAYNE THOMSON THIRTY-FIFTH MEETING Fire Station No. 1 November 5, 1979 COMMITTEE OF THE WHOLE Council met in Committee of the Whole on Monday. November 5, 1979 at 5:00 p.m. All members of Council were present with the exception of Aldermen Fera and Sobol. Alderman MacBain presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. . .~. READ AND ADOPTED, MaYOR WAYNE THOMSON Council Chambers November 5, 1979 Council met on Monday, November 5, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Puttick. His Worship, Mayor Thomson presided as Chairman. Alderman Schisler offered the Opening Prayer. ADOPTION OF MINUTES Alderman Hinsperger advised that on Page 3 of the October 22nd, 1979 Council minutes, the percentage referring to outstanding taxes in Report No. 617 should be corrected to indicate 10.5% as of December 31, 1980. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the minutes of the meeting of October 15th, 1979 be adopted as printed, and the minutes of the meeting of October 22nd, 1979, be adopted as corrected. Carried Unanimously. DEPUTATIONS NIAGARA FALLS LIONS CLUB - SOUVENIR CONCESSION STAND AT NIAGARA FALLS ARENA Mr. T. Buchanan of the Niagara Falls Lions Club was granted permission to 'address Council on the motion of Alderman Chessman, seconded by Alderman Orr. Mr. Buchanan stated that he would like to comment on the recent subject of the extension of the concession stand at the Niagara Falls Arena. It was explained that in requesting additional space for the sale of souvenirs, it had not been the intention of the Lions Club to eliminate the existing popcorn outlet. Mr. Buchanan advised that the area the Lions Club presently uses for selling souevenirs is small, damp and does not present the best of conditions. There is a water leakage in the existing souvenir facility, and Mr. Buchanan explained that the Lions Club cannot properly store the souvenir Jackets and sweaters in the concession stand, nor can they be displayed effectively. Mr. Buchanan pointed out that any money earned through the concession stand is channelled back into the community, and requested that Council reconsider the request. In response to a question raised by Alderman Sobol, Mr. Buchanan advised that the dampness is caused by a crack in the wall which cannot be corrected from the inside. On the day of a game~ it is necessary that members of the Lions Club go to the Arena and attempt to dry the area out with space heaters. Alderman Cummings asked if there would be any additional cost to operate the popcorn concession in another area if the Lions Club were allowed to extend their operation into that portion of the concession area. The C~ty Manager explained that the cost indicated of $1800 was for the extension, and that the change for the Lions Club would not involve any cost to the City. The Lions Club would simply be moving into the area presently occupied by the popcorn concession. Whatever work necessary to accommodate the Lions Club would have to be undertaken by the Lions Club. + In response to a question raised by Alderman Merrett, Mr. Buchanan advised that the Lions Club hoped to extend their souvenir stand immediately. This would provide the area needed to store and display their souvenirs properly. Mr. Buchanan further advised that the Lions Club has approximately $8000 worth of souvenirs that must now be stored elsewhere in the Arena. Alderman Chessman suggested that since the Lions Club does contribute a great deal in the connnunity, the City should try and meet them half way. The Alderman suggested that $1800 did not represent a large expenditure in terms of the monies the City spends ou Arenas. It was moved by Alderman Chessman, seconded by Alderman Hinsperger, that staff negotiate with the Lions Club to share in the cost of the work. Mr. Buchanan advised that if the Lions Club had been in a position to assume the cost, it would have done so. The Lions Club is not in such a position, and Mr. Buchanan pointed out that with the outdoor skating rink alone, the Club is $60,000 in debt. While this obligation was accepted by the Lions Club, Mr. Buchanan stated that the Club could not absorb the cost of $1800. With respect to any costs for improving the extended area, Mr. Buchanan stated that the Lions Club would undertake any painting or supplyil shelves for display purposes. The Director of Municipal Works advised that the City had been considering extending the existing concession stand and telscaring the popcorn concession at one time, however the project had been deferred. Mayor Thomson suggested that steps be taken to correct the leakage problez in the wall. Alderman Chessman commented that since the Lions Club was not able to share in the cost with the City~ the original motion was of no value. It was then moved by Alderman Chessman, seconded by Alderman Hinsperger, that the request of the Lions Club be approved. The motion Carried with Alderman Wallm~ voting contrary, and all others voting in fayour, VOLUNTEER BUREAU - REQUEST FOR ADDITIONAL FUNDING Mayor Thomson explained that the Volunteer Bureau was requesting an additional $1,000 to assist in continuing operations for the balance of 1979. In checking to ascertain if there were funds available for this purpose, it was determined that $1,000 could he made available from the Social Planning Council grant. Since the Volunteer Bureau is co-ordinated through the Social Planning Council, arrangements were made for this amount to be transferred t0 the Volunteer Bureau to allow the Bureau to contieue until the end of 1979. Mayor Thomson stated that the Bureau's 1980 budget would be considered by Council during the operating budget discussions. Mrs. D. Haycock of the Bureau stressed that the request for additional funding was not due to a mismanagement of money. The Bureau had attempted to obtain this funding from other sources before coming to Council. Mrs. Haycock thanked the City for its assistance in obtaining this funding. With respect to the next year's budget, Mrs, Baycock stated that if the Bureau was restricted to a ceiling in 1980, including the anticipated maximum increase, 0f $11,250, it would not be feasible to run a full time service, and possibly the service would have to be cut back by one half. Mrs, Haycock explained that the level of service would be affected by the workload and budget, and the importance of volunteer services in the community was explained. The Bureau acts as a channel between various agencies and the community, and is utilized to gain much more effective use of the volunteer power in the community to its maximum potential. Mrs. Haycock requested that Council consider a reasonable budget in 1980 for the Volunteer Bureau, and stressed that'it should not be considered a drain to invest in the future of the comanunity. In response to a question raised by Alderman CheeseNan, the City Manager explained that since the Social Planning Council and Volunteer Bureau are two separate accounts, approval would be required from Council for the transfer of funds. It was moved by Alderman Cummings, seconded by Alderman Merrett, that Council authorize the transfer of $1,000 from the Social Planning Council account to the Volunteer Bureau account. Carried Unanimously. -3- UNFINISHED BUSINESS REFERRAL OF REGION POLICY PLAN (AMENDMENT #1) TO THE ONTARIO MUNICIPAL BOARD Report No. 635 -- Planning Director/City Solicitor -.- The report recommends that Council authorize the City Solicitor and Planning Director to make representation on behalf of the City at the forthceming O.M.B. hearing on the ~gion's Policy Plan Amendment #1. OP~EF~D on the motion of Alderman Merratt, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. SITE PLAN CONTROL AREAS L.~_DER SECTICB: 35a OF THE PLAIqKING ACT Report No. 636 .- Planning Director/City Solicitor -- ~he report reco~mmsnds that Council instruct staff to tahe certain action to implement the new Section 35a of the Planning Act (as outlined in the report). The Planning Director advised that this matter was considered a number of times as Council went through the zoning discussions in May with regard to the definition of "family" and in Septen~Der when a more comprehensive report was provided on the changes ~o Section 35a of the Planning Act. The changes now indicate that any site planning controls would be exerted through a separate by-law and not through the zoning by-law which is subject to O.M.B. approval. T. iqe powers of the municipality are spelled out and to some extent will be more limited than previously. ~ne site p!au control by-law would apply to the various zones as outlined in the report. Alderman Chessman referred to Section 6 of the second page of the report regarding exclusions from site plan controls, and expressed concern that the City would be deleting control over elevation as it applies to single family dwellings. The Planning Director advised that the new legislation does not allow the City to become involved in the study of elevations unless a development consisted of twenty-five units or more. It was further advised that this section dealt specifically ~ith the elevations of the buildings and not grading. Mayor Thomson added that a drainage policy regarding subdivision development would be handled specifically through a separate by-law. Following further conm~ent, it was moved by Alderman Ditts, seconded by Alderman ~insperger, that the report be received and adopted. Carried Unanimously. DRAFT ZONING BYo. LAJ~' .~rD OI~ICIAL p],;c~: tME.~]blF~:T NO. 71 Report No. 637 - Planning Director/City Solicitor - The report recommends: 1) ~at CounciI review the aspects of the Marineland zoning and decide which of two alternative wordings they wish to enact; 2) ~at Council decide on the matter of imposing Site Plan Control over the Marineland property; 3) That Council give direction on the additional land (northeast boundary of Norton Company lands) which ~rineland wishes to be included as being available for outdoor display of aniF~ls, outdoor amusements, transportation modes, restaurants and souvenir outlets; 4) Enact Official Plan Amendment No. 71; 5) Enact the Draft Zoning By-law; and 6) Instruct staff to prepare copies in quantity in accordamce with instruction for circulation which will be obtained from the Ontario Municipal Board. The City Clerk drew the attention of Council to the revised Page 138 which should replace the page attached to the report and Draft Zoning By-law. Mr. A. Sheppard was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Hinsperger. Mr. Sheppard distributed copies of a letter dealing with the Marineland area, and controls on that site. The overall zoning designation of the ~rineland property is to be open space which would include the uses outlined under item #2 (a), (b) and (c) of the report. As a compromise on ~e request that site plan controls not apply to the property, Mr. Sheppard proposed that ~rineland would furnish to the City on a regular basis a master plan of present and future developments of Marineland. With respect to Fire Department concerns, all access to the property and to fire hydrants would be proper and adequate and an opportunity would be afforded .to the Fire Chief to satisfy himself on fire prevention adequacy prior to issuance of building permits by the Building Inspector. With respect to drainage, wherever changes in elevations and contours would cause a run-off of storm or surface waters onto adjoining lands, grading information would be shown to City staff for information, nssistance and input to Marineland. Mr. Sheppard explained that if there were a shbstantial change in grading~ losing its rights to c~ntrol the run-off. According to the suggestion of Mr, Sheppard, the City would only be advised and the Alderman questioned the City's right of enforcement. The City Manager indicated that he had perused Mr. Sheppard's submission briefly, however on reviewing the matter he felt the suggestion in its present formwas not satisfactory. The City Manager suggested that plans should be shown to and approved by City staff, in order for the City to have some control. Mr. Sbeppard indicated that he had no objection to submission of plans to City staff for approval, however if difficulties arose, the matter would have to be reviewed. In response to a question raised by Mayor Thomson, the Fire Chief stated that he was satisfied with the suggestion regarding Fire Department inspection of new development. Alderman MacBain asked if there was any possibility that by dealing with the Marineland requests, the validity of the by-law could be in danger, particularly with respect to cases dealing with discrimination. The City Solicitor indicated that he had been concerned, particularly since it was proposed in the earlier report that open space be made subject to site plan control. Marineland was in effect asking for special treatmsnt under the by-law, and this was a cause of concern. Mr. Sheppard stated that Marineland is a unique development that cannot be compared to any other building or development in the City which is more rigid and inflexible. The contours of the land are changing and planned development would be changing the site constantly."' Alderman MacBatn asked if this item were left out altogether, whether the danger of the whole idea would be removed without upsetting the by-law. The City Solicitor stated that if it is the wish of Council not to have Marineland included in the site plan control area, presumably the City would designate all open space zones, except the Marineland site to be subject to site plan an exception to the preceding report which stipula~es that site plan control would apply to open space. Aldermau MacBain indicated that he was still concerned with the legal aspects of the situation, and asked if there were no site plan controls on the site, would the City be in danger of having a huge multiple storey hotel built on the site. The Planning Director advised that the by-law does have height. limitations which would cover that aspect of development. The Province has outlined the powers of municipalities with the new legislation so that in certain areas, site plans may be requested, and one or more conditions can be imposed. The main concern of the City dealt with drainage, and that was the purpose of suggesting the alternative of a private understanding with Marineland as a compromise. The Director of Municipal Works co~nented that the area is quite large and there could he problems downstream, however with the requirement of City approval on grading plans, the situation could be handled more satisfactorily. With respect to transportation uses, restaurants, souvenir outlets and outdoor amusements, Mr. Sheppard indicated that Marineland had capitulated on · these items and agreed that in the area immediately south of the existing parking lot, the land would be left as open space to permit parking and not the others. The Plannin8 Director advised that if Mr. Sheppard's cor~nents on this point were acceptable, Council could adopt Appendix "A" to the report dealing with Section 19.1.6 of the By-law. Following further discussion, it was moved by Alderman Cheesman, seconded by Alderman Fera, that Appendix cA" to the Council report dealing with: Section 19.1.6 of the ZoningBy-law, be approved. Carried Unanimously. It was then moved by Alderman 8obol, seconded b Alderman MacBain that Council accept a non-Planning Act private understandIn8 with Marinelane to Cover the essential concerns of technical staff respecting site plau~ing contr0l~ -5 - which would include the three points covered in Mr. Sheppard's latter with the amendment that grading information would be shown to and approved by City staff, and further that the balance of recommendations in the report be received and adopted. Carried Unanimously. See By-law No. 79-200 OFFICIAL PLAiN ~4ENDMENT NO.. 71 Report No. 638 - Planning & Development Committee - The report recommends adoption of Official Plan Amendment No. 71 prior to passage of the Draft Zoning By-law. The Planning Director advised that Amendment No. 71 had been dealt with by the Planning &DeveIopment Conunittee regularly, and that all moral and legal responsibilities with respect to publication had been met. The attention of Council was drawn to a new Part 60 to be added to the Official Plan Amendment document which would cover the request of Marineland regarding the open space designation. This will also necessitate changes to Schedules !'A" and "B" of the amendment to reflect these changes. The Planning Director provided additional information ih response to a question raised by Alderman Cheesman regarding Parts 3 and 26 of Amendment No. 71. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted, and further that Part 60 as well as the amended Schedules "A" and "B' be approved and included in Official Plan Amendment No. 71. Carried Unanimously. See By-law No. 79-199 BRIAN CRESCENT FLOODING Report No. 639 - City Manager - The report advises that the storm drainage system has been installed in tee Brian Crescen~/McGill Street area, and hopefully the problem has been resolved. ORDERED on the motion of Alderman Fera, seconded by Alderman;Orr, that the report be received and Carried Unanimously. GUIDELINES FOR THE COLLECTION OF TAX ARREARS Report No. 640 - City Manager - The report recommends adoption of the policy on guidelines for the collection of tax arrears. ORDERED on the motion of Alderman MacBain, seconded by Alderman Hinsperger, that the report, as amended by the Finance Committee, be received and adopted. Carried Unanimously. COMMUNICATIONS No. 246 - Mr. G. Auld - Re: Social Planning Council. The communication commends the Social Planning Council and its Director for their work in the community. ORDERED on the motion of Alderman Schister, seconded by Alderman Fera, that the communication be received and filed, and a copy sent to the Social Planning Council. Carried Unanimously. No. 247 - Montreal Grey Cup Festival - Re: 1979 Grey Cup Parade. The communication extends an invitation to the City to participate in the 1979 parade. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the communication be received and filed. Carried Unanimouslx. No. 248 - Niagara South Federation of Agriculture - Re: Railway Relocation. The communication advises that the Federation cannot support the reasons stated for rail relocation in Niagara Falls. Mayor Thomson advised that this letter had been referred to the Railway Relocation Committee for consideration of the comments contained therein. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fete, that the communication be received and filed. Carried Unanimously. No. 249 - City of Thunder Bay - Re: 1981 Jeux Canada Summer Games. The communication requests financial participation by the City in the 1981 Jeux Canada Summer Games. ORDERED on the motion of Alderman Cummings, seconded by Alderman Wallman~ that the communication be referred to the 1980 operating budget discussions. Carried Unanimously. No. 250 - Chamber of Commerce - Re: Annual Civic Wage grief. The communication provides information on the annual civic wage brief carried out by the Chamber of Commerce, which provides a comparison o~ wages paid ~o municipal employees and those in the private sector -6- and other municipal employees in the Region. Mayor Thomson commented that the brief, if taken in the right light, can be used to show the status of municipal wages as compared to the private sector and other municipalities. ORDERED on the motion of Alderman MacBain, seconded by Alderman Cheesman, that the communication be referred to the City's Negotiating Committee. Carried Unanimously. Alderman Sobol asked if it would be possible for the Chamber of Commerce to provide Council with a report on the effects of the current rates of inflation and high interest rates on the business community. The Alderman felt it would be of assistance to Council in considering the 1980 budget and in planning the economic future of the City. Mr. Milne of the Chamber indicated that one of the Chamber's committees was presently working on different aspects of this matter, and in particular was speaking to represen- tatives of the Federal Government on ways to help out small businesses. Mr. Milne further indicated that the Chamber was in the research stage at this time, however he would be pleased to contact local firms to gain additional information. It was moved by Alderman Sobol, seconded by Alderman Cummings, that the Chamber of Commerce be requested to provide information on the effects of inflation and high interest rates on local businesses, prior to the end of 1979. Carried Unanimously. No. 251 - Mr. V. Kerrio, M.P.P. - Re: SCA Chemical Waste Permit to Dump Effluent into the Niagara River. The communication requests the support of the City in opposing the issuance of the subject permit to SCA Chemical Waste Services. ORDERED on the motion of Alderman Fern, seconded by Alderman Merrett, that Council endorse the stand taken by Mr. Kerrio in opposition to the subject permit. Carried Unanimously. No. 252 - Mr. V. Kerrio, M.P.P. - Re: Public Awareness Forum on Cleaning up the Great Lakes. The communication advises of a public forum to be held on November 10, 1979 at the Sheraton Brock Hotel, on Cleaning Up the Great Lakes. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that as many members of Council as possible attend the forum. Carried Unanimously, No. 253 - Ministry of Transportation & Communications - Re: 1980 Transit Subsidy. The communication advises of the municipal transit subsidy terms applicable for 1980 in order that its provisions can be incorporated in service and budget planning processes for 1980.~ ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 254 - Ministry of Transportation & Communications - Re: Inspection of Bridges. The Ministry recommends that Cbuncil consider arranging for a Professional Engineer to do the analysis of bridges that have been rated in the 7-9 Ton and 10-17 Ton categories which have not beenBcheduled for repairs. ORDERED on the motion of Alderman Chessman, seconded by Alderman MacBain, that the communication be referred to the 1980 budget discussions. Carried Unanimously. No. 255 - Calhoun T-Shirts - Re: 75th Anniversary T-Shirts. The communication : provides infoFmation on the manufacture and supply of the City's 75th Annivers~r T-Shirts. Alderman Orr commented that while there are many'firms in the City which can supply T-shirts with various types of printing, the reason he had expressed .concern was that no local firms had been asked or been given the opportunity to submit quotations. The Alderman hoped that local firms would be given such an opportunity in the future. Alderman Orr also indicated that his comments had not been intended in any way to discredit the work of the 75thAnniversary Committee or Alderman Chessman, who chaired that Committee. Alderman Cheesman stated that nobody questioned the basic argument that local merchants should be provided an opportunity to quote on whatever contrac/~ - the City may call. With respect to the ?bth Anniversary T-Shirts, the Alderman stated that the Committee had sufficient confidence in the Purchasing Agent to obtain the best possible price. Since Calhoun not only printed the shirts, i -7- but manufactured the shirts as well, it was felt logical from the start that to go to the manufacturer would result in the best possible deal. Alderman Sobol suggested that a letter of thanks be sent to Calhoun T-Shirts thanking them for the excellent product supplied. ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that the communication be received and filed, and a letter of thanks forwarded to Calhoun T-Shirts. Carried Unanimously. No. 256 - Mr. R. Edmonds - Re: Canine Control Services. The communication extends the services of a canine control officer to the City. Mayor Thomson stated that the City was not in a position at this time to consider the offer. Alderman Cheesman suggested that the letter be kept on file in the event such services were required. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the communication be received and filed. Carried Unanimously. No. 257 - Niagara Parks Commission - Re: Traffic in Queen Victoria Park. The communication extends an invitation to City Council to attend a meeting on November 20, 1979 regarding the study undertaken on traffic in Queen victoria Park. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the date be noted, and as many members of Council as possible attend. Carried Unanimously. No. 258 - Council for Canadian Unity - Re: Canada Week 1980. The communication requests that the City undertake suitable observance of Canada Week, I980. Alderman Cheesman suggested that the special committee established several years ago on Canada Week be re-activated. Alderman Schisler indicated that he had been involved in the previous committee, and commented that such plans require more than Council's support to be successful, and that more public participation was required. The Alderman suggested that the press could assist in making the project more well known to the community. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that Council participate in the observance of Canada Week, and further that Alderman Schisler be appointed to the special committee arranging suitable observance. Carried Unanimously. No. 259 - Minister of the Environment - Re: Liquid Industrial Waste Treatment and Disposal Facilities - Woodington Systems. The communication advises that Walker Bros. Quarry has been selected for the establishment of a limited term liquid industrial waste treatment and disposal facility proposed by Woodington Systems Inc. Mayor Thomson suggested that the Ministry be asked to supply more details on the proposal in the event the City must make any submissions at future hearings. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be received and filed, and further that the Ministry of the Environment be requested to supply additional information on the matter. Carried-Unanimously. NOTE: Alderman Dilts was absent when the vote was taken on this matter. No. 260 - Stamford 01dtimers - Re: 2nd Annual Oldtimers Hockey Tournament. The communication requests permission to serve alcoholic beverages in conjunction with the tournament. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fern, that the request be approved subject to similar approvals being obtained from the Fire Department, Regional Police, Health Unit and the L.L.B.O. Carried Unanimously, No. 261 - Wendy's Old Fashioned Hamburgers - Re: Balloon Blowing Contest, The communication challenges members of City Council to take part on a balloon blowing contest on November 13th, with proceeds going to the United Way. Several members of Council offered to participate in the coaltest. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the communication be received and filed. Carried Unanimously. -8- REPORTS No. 641 - Planning & Development Committee - Re: AM-18/79, R. Barons, East Side of Stanley Avenue, South of Ferry Street. The report recommends approval of the application subject to site plan control and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Rousing. ORDEPd~D on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No~E See By-law No. 79-4 No. 642 - Planning & Development Committee - Re: AM-25/79, R.M. Cushing, Nort~e Corner of Leeming Street and Dorchester Road. The report recommends approval of the application and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. Mr. B. Mueller was granted permission to address Council on the motion of Alderman Fera, seconded by Alderman Cummings. Mr. Mueller indicated that the area of Looming and Dorchester is a prestigious area containing large open lots. Mr. Mueller felt an effort should be made to keep such areas single family in nature. Alderman Merrett explained that the rezoning would permit an addition to the Cushing home for their elderly parents. The rezoning was required since the addition was to include a kitchen. If no kitchen were built, the addition could be constructed without going through the rezoning procedure. Alderman Herrerr pointed out that the property would in effect, remain single family, since only the Cushing family would be living there. Alderman Cheesman asked if it would be possible at some time in the future to sever the additional unit since it would be built quite apart from the existing building. Mayor Thomson pointed ~t that the unit will be attached to the existing building. The Planning Director advised that in any event, it would be difficult to obtain a severance since the severed portion would be too narrow for a separate lot. Alderman Schisldr felt that whenever a double dwelling is created, it will be a change in the area and could start other similar changes spreading throughout that same area. The Alderman also disagreed that the property would. be considered a single family residence after the rezoning. Alderman Merrett pointed out that if the application were turned down, the addition could still be built without the kitchen. Following further comment, it was moved by Alderman Fera, seconded by Alderman Herrerr that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others voting in fayour. -- . See Resolution N0.1 See By-law No. 79-~9 No. 643 - Alderman A. MacBale ~ Re: Grant in Lieu of Taxes on International Bridges. The report recoramends that the Mayor and senior staff meet with Provincial authorities to connuance negotiations immediately for the continuation and increase in the annual payments for the Rainbow Bridge and Whirlpool Rapids Bridge. ORDERED on the motion of Alderman MacBain, seconded by Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. ~No. 644 - City Manager - Re: Sale of Used City Equipment. The report recommends that from the $23,337.90 net proceeds of the sale, that each department or section be credited with the amounts in an appropriate account, and further that the Equipment Section apply $2,958.74 to the current new equipment account to offset additional Provincial tax charged on equipment ordered in 1978 and not delivered until 1979. Thereport further reconm~ends that the balance of approximately $17,400 be placed in the Rquipment Reserve Account to he applied to new equipment purchases. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimmusly. - 9 - No. 645 - ~ity ManaJer - Re: Regional Co-operative Fuel Oil Heating Tender 1979/80. The report recommends acceptance of the Domestic Fuel Oil tender submitted by Shell Canada Limited. ORDERED on the motion of Alderman Fore, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 104 No. 646 - City Manager - Re: Recall of Quotation for Rotary Mowers. The report recommends that rotary mowers be purchased from Pinder's La~m & Leisure. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 105 No. 647 - City ~nager - Re: Ryerson-Market Park Development. The report recommends acceptance of the tender submitted by Richard Collee Trucking for demolition of buildings in the Ryerson-Market park area. ORDERED on thp motion of Alderman Wallman, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 106 See By-law No. 79-195 No. 648 o City Manager - Re: Encroachment - 5663 Leonard Avenue. The report ~ recommends passage of a by-law to allow the continuation of the subject encroachment. ORDERED on the motion of Alderman Schisler, seconded by Alderman MmcBain, that the report be received and adopted. Carried Unanimously. See By-law No. 79-196 No. 649 - City Manager - Re: Current Budget Guidelines. The report recommends: 1) A general guideline that the 1980 increases in total expenditures exclusive of school and region levies, not exceed the 1979 budgeted expenditures by 7.3%; 2) Outside agencies would be asked to submit requests not to exceed 5% of 1979 allotments except in special circumstances that would be considered; 3) Finance Co~mnittee be presented with budget material to commence its review no later than February 13, 1980; 4) Each department would show as part of their operating expenses debt service costs in order to indicate the total cost position for the function; and 5) Each department budget would be accompanied by a written narrative briefly describing in a general yet informative manner, the activities along with any highlights, carried on by that department, as well as a status report on the number of employees in that section over a five year period. Alderman MacBain provided additional information on the suggested guideline for increases of 7.3% in response to a question raised by Alderman Schisler. ORDERED on the motion of Alderman MacBain, seconded bY Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 650 - City Manager - Re: Capital Budget Guidelines. The report recommends: 1) That the upset limit for net capital spending per year for the period 1980 to 1984 be: $1,500,000 for Tax Supported Works and $200,000 for Water Supply System; 2) Contributions from current budget revenue be set for 1980 at $575,000 for Tax Supported Works and $125,000 for Water Supply System and each succeeding year at $700,000 for Tax Supported Works and $150,000 for Water Supply System; and 3) Budget Review Dates of January 16, 1980 for the Finance Committee, January 21, 1980 for Council and submission of the final budget to the Region on January 31, 1980. ORDERRD on the motion of Alderman MacBain, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 651 - City Manager - Re: Transfers in the Finance Department. The report provides information on recent transfers in the Finance Department. ORDERlED on the motion of Alderman Schisler, seconded by Alderman Wallman, that the report be received and filed. Carried Unanimously. No. 652 - Loan Review Committee - Re: Applications for Assistance. The report recommends approval of two applications for assistance received under the Ontario Rome Renewal Program. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 653 - Deputy City Clerk - Re: Consent Items. 1) Niagara Falls Optimists - Re: Youth Appreciation Week, November 12 - 18, 1979. Recommendation - That the request be approved subSect to the established policy on proclamations. ..... 10 ~ 10 - 2) Regional Municipality of Niagara - Re: Water Production and Sewage Flow Comparison by Municipality to the end of September, 1979. Recommendation - For the information of Council. 3) Regional Municipality of Niagara - Re: Parking Restrictions on Stanley Avenue Recommendation - For the information of Council. 4) Regional Municipality of Niagara - Re: Proposed Grade Separation ou McLeod Road and Stanley Avenue at Conrail. Recommendation - For the information of Council. 5) Regional Municipality of Niagara - Re: 1979 Regional Tax Levy. Recommendation - For the information of Council. ORDERED on the motion of Alderman C-mmings, seconded by Alderman Ford, that the report be received and adopted. Carried Unanimously. No. 654 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer and the Director of Municipal Works provided additional information on Cheques #1623, #1626, #1652, #1827 and #1846 in response to questions raised by Aldermen Cummings, Schisler and Sobol. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 102 - CHEESMAN - MERRETT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-193 for the rez0n~ of lands on the east side of Stanley Avenue south of Ferry Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 103 - FERA - MERRETT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-194 for the rezoning of lands on the northwest corner of Looming Street asd, Dorchester Road, confoms to Official Plan Amendment No. 28 of the Niagara Palls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried with Alder~ Schisler voting c0nt and all others votim in ~avour No. 104 - FERA - ORR - RESOLVED that the unit pricelsubmitted by Shell Canada Limited for the supply of domestic fuel oil, be accepted at the quoted price of $0.683 per gallon; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 105 - FERA - CHEESMAN - RESOLVED that the tender submitted by Pinder's Lawn & Leisure for the supply of rotary mowers, be accepted as following: 1) Six (6) 1979 Lawn-Boy H.D. 21" Rotary Mowers, Model #6259 -$1,499.71 2) Ten (10) 1979 Lawn-Boy Super Commercial 21" Rotary Mowers - $2,780.61 Model #6280 ; AND the Seals of the Corporation be hereto affixed. Carried Unanimous~ No. 106 - WALI24AN - CHEESMAN - RESOLVED that the tender submitted by Richard Collee Trucking for the demolition of buildings in the Ryerson/Morket Park area, be accepted at the tendered price of $15,150; ~ the Seal of the Corporation be hereto affixed. Carried Unanimous~ BY-LAWS Mr, R. Distefano, owner of the Kingsway ~atel on Lundy's Lane, indicated that he was not sure whether or not the new zoning by-law would affect the zoning on his property. The Planning Director advised that Mr. Distefano had approached staff following a recent meeting and correspondence had been - 11 - received from his solicitor regarding the Lundy~s Lane property. It was further advised that Mr. Distefano's inquiry had become quite complicated since the land is outside the Regionts urban boundaries in accordance with the recent hearings. In response to a question raised by Mayor Thomson, Mr. Distefano indicated that the recent hearings affected both the motel property and an additional small acreage having frontage on Lundy's Lane, part of which is zoned tourist commercial and the balance zoned agricultural. The major part of the motel is zoned tourist commercial. Mr. Distefano advised that the new by-law would be changing the property to agricultural which would be totally disastrous to his family. The motel had been operated profitably this season, even though the family had no previous motel experience. Mr. Distefano advised that his family had submitted an offer on the motel in the Fall of 1978 and had taken possession of the property in May of 1979. The Planning Director advised that the O.M.B. hearings had been held previous to May of 1979. Mayor Thomson asked if Mr. Distefano had appealed the decision of the O.M.B. Mr. Dfstefano advised that he had not been aware of the hearings or the decision earlier, since he was a resident of Miasissauga and did not receive local Papers advising of the hearings. - The Planning Director explained that the existing zoning is tourist commercial on the motel and the additional land is designated agricultural or rural. With respect to the existing motel, the Planning Director could see no problem with zoning once it was included in the urban boundaries. Mayor Thomson pointed out that the problem does not have any direct relevance to the new zoning by-law and suggested the matter be referred to staff for the preparation of a report for the next regular meeting. Following further comment, it was moved by Alderman Mer~ett, seconded by Alderman Orr, that the matter be referred to staff for the preparation of a report to be submitted at the next regular Council meeting. Carried Unanimously. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-185 - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby, as amended. (Frontage on Improved Roads) NOTE: There were no persons present at the meeting wishing to speak ~n By-law No. 79-185. No. 79-193 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-18/79, R. Barons) No. 79-194 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-25/79, R.M. Cushing) No. 79-195 - A By-law to authorize the execution of an agreement with Richard Collee Trucking and Excavating Ltd. for the demolition of buildings. No. 79-196 - A By-law to allow the maintaining of a retaining wall which encroaches on Leonard Avenue. No. 79-197 - A By-law to appoint members of the Niagara Falls Hydro-Electric Commission. No. 79-198 - A By-law to authorize a subdivision agreement with Gike Incorporated (Sunnyside Subdivision).' No. 79-199 - A By-law to provide for the adoption of an mmendment to the Official Plan of the Niagara Falls Planning Area. (Amendment No. 71). No. 79-200 - A By-law to regulate the use of land and the erection, use, height, bulk, location, spacing of any other matters relating to buildings and structures, and to prohibit certain uses of lands and the erection snd use of certain buildings end structures in various areas of the City of Niagara Falls. (Draft Zoning By-law) - 12 - No. 79-201 - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. No. 79-202 - A By-law to amend By-law No. 3790, being a by-law for the regulati~ of traffic. (Ontario Avenue) No. 79-203 - A By-law to provide monies for general purposes. Carried with Alder~ Schisler voting tout! on By-law 79-194, all others voting fayour With respect to By-law No. 79-197 appointing members to the Niagara Falls Bydro-Electric Commission, Mayor Thomson stated that the by-law should include a section to provide that the members must be elected for subsequent terms. The By-law was amended accordingly. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the following by-laws be now read a second and third time: No. 79-185 - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby, as amended. (Frontage on Improved Roads) No. 79-193 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-18/79, R. Barons) No. 79-194 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-25/79, R.M. Cushing) No. 79-195 - A By-law to authorize the execution of an agreement with Richard Collee Trucking and Excavating Ltd. for the demolition of buildings No. 79-196 - A By-law to allow the maintaining of a retaining wall which encroaches on Leonard Avenue. No. 79-197 - A By-law to appoint members of the Niagara Falls Hydro-Electric C~mmissisn. (As amended) No. 79-198 - A By-law to authorize a subdivision agreement with Gike Incorporat~ (Sunnyside Subdivision). No. 79-199 - A By-law to provide for the adoption of an amendment to the Offici~ Plan of the Niagara Falls Planning Area. (Amendment No. 71) No. 79-200 - A By-law to regulate the use of land and the erection, use, height,. bulk, location, spacing of any other matters relating to buildings and structures, and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the city of Niagara Falls. (Draft Zoning By-law) No. 79-201 - A By-law to amend By-law No. 7531, being a by-law to provide 'for thi erection of stop signs at intersections. No. 79-202 - A By-law to amend By-law No. 3790, being a by-law for the regulati~i of traffic. (Ontario Avenue) No. 79-203 - A By-law to provide monies for general purposes..- Carried with Aldermar Schisler voting co,t~ on By-law 79-194, all others voting in favour NEW BUSINESS REMEMBRANCE DAY SERVICE Rayor Thomson reminded the members of Council of the City'e Remembrance Day Serv4ce to be helc['at the Cenotaph on Sunday, November 11, 1979 at ll:00 a.m. - 13 - PORTAGE ROAD BRIDGE OVER HEPC CANAL Mayor Thomson reminded members of Council of a meeting of the Regional Public Works & Utilities Committee on Thursday, November 8, 1979 at 2:30 p.m. in the Regional Council Chambers, at which time the Portage Road Bridge over the BEPC Canal will be discussed. SANITARy L~FILL SITE COMMITTEE Alderman Sobol advised members of Council that the Sanitary Landfill Site Committee is now finalizing recommendations for the consideratign of Council. It was hoped that the report would be prepared and delivered to members of Council within the next week for perusal, and discussed at the General Committee meeting of December 10, 1979. ' MINGLE PROPERTY - FORMER VILLAGE OF CHIPPAWA Alderman Hinsperger referred to recent complaints received from residents of Chippawa regarding the condition of property owned by the City, and leased to a Mr. Mingle, and asked if any work has been done to clear up the property. The City Clerk advised that Mr. Mingle was requested to clear the property, however he had not checked recently on the status of this work. Mayor Thomson stated that there was refuse on the property, which had been placed there by others, which Mr. Mingle had cleared. A large concrete base remains, however Mr. Mingle wished to build another structure on the base. Alderman Hinsperger commented that the base was a safety hazard since the abutment was approximately five ft. high as well as being unsightly. Mayor Thomson suggested that a report be prepared on the legal rights of the City in the situation. ORDERED on the motion of Alderman Binsperger, seconded by Alderman Fera, that the matter be referred to staff for the preparation of a report. Carried Unanimously. DRAFT ZONING BY-LAW The Planning Director stated that staff will be now starting the procedures for publication of the Draft Zoning By-law as ordered by the Ontario Municipal Board. It was also advised that staff would be briefed with respect to the status of existing by-laws and the new by-law, and a report would be supplied to Council for information purposes in the near future. RECOGNITION OF MI{. A.J. MCKINLEY Mayor Thomson referred to the proposed Ryerson/Market area park, for which the City has been acquiring lands, and commented that once completed the park will be a beautiful and much needed facility for'that area. The Mayor suggested that rather than calling the facility the Ryerson/Market Park, that the park be named A.J. McKinley Park in honour of former Alderman A.J. McKinley. Mayor Thomson advised that Mr. McKinley contributed a great deal to the City, particular in this area, and in fact had lived in this part of the City for most of his life. It was moved by Alderman Cummings, seconded by Alderman Merrett, that the proposed park in the Ryerson/Market Area be named "A. j. McKinley Park", in honour of former Alderman A. J. McKinley, a respected and valued member of the community. Carried Unanimously. MESSAGE OF TH~S Mayor Thomson thanked the members of the Fire Department for inviting the Council to the Morrison Street Fire Ball, for dinner and a demonstration of various pieces of equipment.' meetinS adjourn. r ' READ AND ADOPTED, ' MAYOR WAYNE TBOMSON THIRTY-SIXTH MEETING Council Chambers November 19, 1979 REGbIAR MEETING Council met on Monday, November 19, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Fera, Orr and Sobel. His Worship, ~yor Thomson presided as Chairman. Alderman Dilts offered the Opening Prayer. ADOPTION OF MINI~TES ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the minutes of the meetings held on October 29th and November 5th, 1979, be adopted as printed. Carried Unanimously. WELCOME His Worship, Mayor Thomson extended a welcome to the members of the 6th Niagara Scout Troup from St. Andrew's Church. UNFINISHED BUSINESS SITE PLAN CONTROL AREAS UNDER SECTION 35a OF THE PINNING ACT Report No. 655 - City Manager - The report recommends passage of by-laws designating site plan control areas, and to exempt one-family detached dwellings, semi-detached dwellings and duplex dwellings in open space zones from the requirement that location plans and building elevation plans be approved by Council. The Planning Director and Deputy City Solicitor provide~ additional information in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-laws No. 79-204, 79-205, 79-206, 79-207 AM-15/79 TOWN OF FORT ERIE, FORMER TOWNSNIP OF WILLOUGHBY Report No. 656 - Planning Director - The report advises that by-laws to amend the zoning by-law and Official Plan have been prepared respecting the application by the Town of Fort Erie to establish a waste stabilization pond in the former Township of Willoughby. AND Communication No. 262 - Mr. L. Wale - The letter expresses objection to the proposed lagoon to be situated in Niagara Falls for the purposes of the Town of Fort Erie. AND ~ommunication No. 263 - Mrs. A.C. Douglas - The letter expresses objection to the proposed waste stabilization pond to service the Town of Fort Erie. Alderman Puttick felt that clarification should be given on two items in ~he letter from Mrs. Douglas regarding cancer deaths in the Niagara Parkway area and the enormous cost to taxpayers and individuals from a prolonged battle at an Ontario Municipal Board hearing. Alderman Cheesman felt the comment regarding cancer deaths was a matter of scientific question on the connection between these deaths and the state of water quality. The Alderman advised that Mrs. Douglas felt there was a connection since the water supply system was contaminated by over fertilization and chemical treatment of farm lands. Alderman Cheesman suggested this statement may well merit further attention by medical authorities. With respect to the proposed waste stabilization pond, Alderman Cheesman commented that some of the objectors feel the only solution to the problems in Douglastown was a complete link-up with the sewage system in Fort Erie. The Alderman pointed out that not only from an e~enomic point of view but for the physical and engineering reasons, it is not possible to make a complete link-up, and the waste stabilization pond regarding She cancer deaths should be studied by the appropriate authorities. -2- Alderman Wallman felt that Fort Erie should go further than a lagoon, and install a sewage treatment plant or at least a hook-up into the existing plant~ The Alderman expressed concern that industry would be attracted to Stevensville, and ssked who would police the wastes to be disposed of in the stabilization pond. Reference was made to the controversy surrounding plans by an American firm to dump in the Niagara River, and Alderman Wallman noted that in approv~ng this application, the City would be condoning the dumping of further pollution in the River. For the benefit of the residents and industries of Fort Erie and for the future of Niagara Falls, Alderman Wallman felt a plant should be considered even though it will cost more money. Alderman Dilts stated that the major concern of the residents was the fact there will be a drastic increase in the amount of industry in the area, and if industry started to put chemicals in the lagoon, it might not function properl The Alderman commented that the residents feel if the lagoon were restricted to wastes from households, there would not be a problem. Alderman Dilts asked what control there would be over industry as to what materials can be put into the lagoon. The Alderman also noted that since industries are now dumping in Black Creek and nothing has been done to stop this practice, how can this be prevented with the lagoon. Mr. M. Helenski of the Region stated that with respect to existing industrie discharging into Black Creek, there were no means available to the Region to control this practice. Such controls would be under the jurisdiction of the Ministry of the Environment. With regard to the municipal system, the Region does have an industrial waste by-law and a group monitoring waste by actual sampling. The by-law establishes the specific effluents permitted to be discharged into the municipal system and treatment facilities, and if they are not acceptable, arrangements must be made by the industries to dispose of such discharges in a separate location. Mr. Helenski stated that the Region is satisfied it can control this situation, and once the point is reached where the total flows and nature of the discharges reach maximum capability, the Region would advise that no further expansion would be permitted as a second form of control. With regard to deaths by cancer in the area, Mr. Helenski stated that he was not aware of any suc~tatlstics being presented to health authorities or any connection being made. If the pollution in Black Creek has contributed to deaths in the area, Mr. Helenski hoped that the new facility would eliminate that problem by handling the material that has been pumped into the Creek. Mayor Ziff of Fort Erie stated that she was concerned to hear in another municipality that there are problems in the Stevensville area. Mrs. Ziff felt such problems should have been made known to the appropriate authorities, and not the Council since the matter was not under tha~ Jurisdiction. The Health Unit monitors applications for construction and investigates the sewage faciliti to be used, whether it is a plant, lagoon or septic system. The Health Unit must be satisfied as to where effluent is going to be discharged. With respect to discharge into a creek, Mayor Ziff commented that the Ministry of the Environment would be on the site immediately to investigate. In response to a question raised by Mayor Thomson, Mrs. Ziff stated that all of the industries in Stevensvtlle, approximately six, have their own septic systems, and she was not aware of any discharging into a water way. Mr. F. Hoffman of Fort Erie indicated that he was representing ten per cent of the taxpayers in a taxpayers revolt. These taxpayers are opposed to the proposed lagoon and ask that the matter be reviewed closely. The lagoon would be designed to serve fifteen hundred people. Mr. Hoffman felt that the lagoon would permit further development in the Douglasto~nl area, and that it would be more appropriate to spend the additional money and construct a sewage treatment plant to handle the larger population. Mr. Helenski stated that one of the aims of the Region had been to try and ' keep costs down when determining the type of facility to be used to handle the sewage problems in this area of Fort Erie. The size of the system was designed specifically to clean up the existing problems, and does provide for some growt~ Those lands receiving benefit from the local system and the treatment facility will be assessed any costs incurred. Mr. Helenski stated that if there is to be developmentof lands which would not immediately benefit, those lands would have to contribute additional sums for any additional expansion. This would limit the expenditures taxpayers must bear and still provide some flexibility for growth, but at the expense of the developers. Alderman Puttick commented that the issue at hand was not the expense of the proposal, but the amendment to the Official Plan and zoning by-law. -3- Mr. E. Beam of Fort Erie advised that Stevensville had lost its memorial hall a year ago. Residents wish to re-build the hall, however a large expensive septic system will be required if the proposed lagoon is not constructed. With respect to cancer deaths in the area, Mr. Beam suggested that while he was not sure what these deaths could be attributed to, at one time residents in this area did get their drinking water from Black Creek. It had been suggested that residents clean up their septic tanks, however Mr. Beam pointed out that many of the systems are forty or fifty years old and with the plentiful supply of water available today, the small tile beds can't handle the water, particularly in clay soils. Since the septic tank systems cannot be remedied, Mr. Beam stated that sewers are necessary. If the lagoon is not permitted in Niagara Falls, it will have to be constructed in Fort Erie, possibly on a site within a short distance of the proposed site. Mr. Beam advised that the Niagara Christian College has a small lagoon working very well, and the Ministry of the Environment has recently approved a lagoon for the trailer camp on Netherby Road only several hundred yards from the proposed site. In response to a question raised by an area resident, Mr. Beam indicated that there are no industries dumping into the Niagara Christian College lagoon. Mayor Ziff of Fort Erie indicated that at the moment, the Niagara Parks Commission is getting ready to hook the Millers Creek area into that lagoon, allowing expansion so that more facilities can be offered to the people coming to that area. Mr. T. Armstrong advised that the lagoon will provide the residents of Niagara Falls with no benefits, but will subject those residents to the odours from the lagoon carried by the predominately southeasterly winds. The lagoon will also discharge effluent into the Niagara River from which residents in the area of the Parkway draw their water. Mr. Armstrong stated that the Regional Engineer had indicated that the bottoms of the ponds are currently below the top of the area's water table and any effluent released into the water table could cause possible water quality impairment. Mr. Armstrong referred to the road widening necessary on either side of B~ker Road as well as a suitable outlet for sanitary sewers, and asked if Niagara Falls would bel responsible for such costs or if they are calculated in the costs of the lagoon. It had been stated by Mr. Helenski of the Region that the lagoon was to service only Douglastown and Stevensville, and Mr. Armstrong asked if this lagoon was to handle approximately fifteen hundred people, why has so much money been put into the Douglastown area for the extension and widening of Netherby Road which dead ends at the Niagara River, a million dollar watermain and over a million for the lagoon. In addition to these expenditures, it was Mr. Armstrong's understanding that it will cost the residents of Douglastown about $1400 initially to hook into the system and another $140 per year for ten years added on their taxes. Mr. Armstrong stated that Mayor Ztff has been quoted as saying that the largest prime industrial sites for Fort Erie are in the Stevensville area. There are presently two hundred registered lots in Douglastown and one hundred in Stevensville, fifty-two lots behind the proposed site to be developed as a plan of subdivision, and a trailer park and numerous businesses are awaiting expansion. Mr. Armstrong stated that the lagoon proposed in 1969 was for a design period of twenty years and was to use one six-acre cell with an additional cell of up to six acres upon population increase. '-The proposed lagoon now is to have three cells for a total of thirty-six acres, and Mr. Armstrong asked why the size has tripled and major expenditures are being planned for the Stevensville/Douglastown area if major expansion is not being planned. Mr. Armstrong stated that the effluent from the lagoon is to be discharged continuously by means of a pipe system into the Niagara River. Slnce the current drifts towards shore, any pollutants in the River will enter the residents' shore wells, not the Stevensville/Douglastown residents' water supply. At present the water supply is unsuitable for consumption and residents must bring drinking water in from the City. Mr. Armstrong stated that the lagoon will be in Niagara Falls and will service the residents of Fort Erie, however if any problems develop, it will be the Niagara Falls residents who will be affected. Mr. Armstrong asked if Niagara Falls Council will be able to control Fort Erie's decisions on who will be allowed to use the lagoon. During spring run-off, the lagoon could be over capacity and raw sewage could enter the Niagara River and the wells of residents along the River. Mr. Armstrong expressed concern that industries from as far as Port Colborne presently discharging into Black Creek could be allowed to use the lagoon, which could ultimately affect water supplies. Mr. Armstrong asked where the sludge removed from the lagoon would be put. In referring to the problems with lagoons in other cities, Mr. Armstrong asked again how the system can be .properly controlled and urged Council to deny the application. In response to a question rasied by Alderman Schisler, Mr. Molenski stated that the flow into the River will equal the discharge received from the local .4 -4- system over a twenty-four hour period. In the initial start-up, there will be total retention of the raw sewage until it has received treatment. After proper treatment, the lagoon will discharge into the River and the quantity will equal the flow generated within the area the lagoon serves. Mr. Holenski stated that there will be a discharge of 600,000 gallons per day, and if the area were to develop to maximum capability, there could be 1,500,000 gallons per day. Mr. Holenski stated that the system will have a treatment level higher than that provided by the Regional treatment plants in existence. Alderman Schisler asked if there will be chemicals added or if the sewage would be treated through aeration. Mr, Holenski advised that there will be aeration treatment occurring naturally through the large area and exposure to the atmosphere. The only chemicals added will be for phosphate removal. The system will treat industrial waste as well. In response to a question raised by Mr. D. Susin, Mr. Holenski stated that the Region can achieve a higher quality of treated effluent through the lagoon than through a primary treatment plant. This fact has been substantiated by the quality of effluent monitored. Alderman Wallman expressed concern that the lagoon could have run-off in Spring and during September flooding. Mr. Holenski stated that the height of the walls will be in excess of the highest level in the lagoon to take care of any minor fluctuations due to storm water. Mr. D. Susin stated that he had spent $2,000 for a septic tank system several years ago, and now the residents of Douglastown and Stevensville are saying they can't afford to bring their systems up to standard. Mr. Susin stated that these residents expect Niagara Falls residents to help pay for the system and are going to put it in the backyards of Niagara Falls residents. Mr. Holenski stated that from a local collection system, any costs would be charged back by Fort Erie from the residents receiving benefit. As far as treatment facilities are concerned, the Region will build and operate the facilities and the costs are charged back to all area municipalities on the basis of flow. Niagara Falls flows are approximatel. X_20%, therefore the capital cost which would be born by the City of Niagara Falls would be 20%. If the Region initiates a project in the area of $700,000, the percentage the City would have to bear would be a portion of that. Only those owners receiving benefit will be charged for the sewer system and treatment within the urban area. There would be no levy to the residents on the Niagara Parkway. Mr. Holenski stated that if the Region can construct a more economical system for urban areas, it is to the benefit of the City. In response to earlier comments made by Mr. Supin, Mayor Ziff of Fort Erie stated that the problem in upgrading septic systems was not only the cost, but the fact the lots are too small for more tile bed to be installed. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Chessman, that the report be received and filed, and that By-laws 79-208 and 79-209 be moved forward for consideration at this time. The motion Carried with the following vote: AYE: Aldermen Chessman, Cun~aings, Dilts, Hinsperger and Puttick. NAY__E: Aldermen Marterrs Schisler and Wallman. NOTE: Alderman MacBain abstained on a conflict of interest. RESOLUTION No. 107 - P~TTICK - CHEESMAN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-209 for the rezoning of lands on Part of Lot 2, First Cross Concession i~ the former Township of Willoughby, will conform to Official Plan Amendment No. 29 of the Niagara Falls Planning Area, once Amendment No. 111 hab been approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried with the following vote: AYE: Aldermen Chessman, Dilts, Hinsperger, Puttick and Mayor Thomson. NAY___ME: Aldermen Cummings, Merrett, Schisler and Wallman. NOTE: Alderman MacBain declared a conflict of interest and abstained from voting on this raatter. BY-LAWS OKDERED on the motion of Alderman Cheesman, seconded by Alderman Ninsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-208 - A By-law to provide for the adoption of an amendment to the -5- Plan of the Niagara Falls Planning Area. (Amendment No. 111, Town of Fort Erie) No. 79-209 - A By-law to amend By-law No. 395 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-15/79, Town of Fort Erie) Carried with the following vote: AYE: NAYE: NOTE: Aldermen Cheesman, Dilts, Hinsperger, Puttick and ~yor Thomson. Aldermen Cummings, Merrett, Schisler and Wallman. Alderman MacBain declared a conflict of interest and abstained from voting on this matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the following by-laws be now read a second and third time: No. 79-208 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Amendment No. 111, Town of Fort Erie) No. 79-209 - A By-law to amend By-law No. 395 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-15/79, Town of Fort Erie) Carried with the vollowing vote: NAY__E: NOTE: Aldermen Cheesman, Dilts, Hinsperger, Puttick and Mayor Thomson. Aldermen Cummings, Merrett, Schisler and Wallman. Alderman MacBain declared a conflict of interest and abstained from voting on this matter. UNFINISHED BUSINESS - Con't.. PROCESSED ORGANIC WASTE SOIL CONDITIONING SITES Report No. 657 - City Manager - The report provides information on two agriculturally zoned sites where processed organic wastes will be utilized as a soil conditioner. In response to a question raised by Alderman Schisler, Mayor Thomson advised that the material is to be worked into the soil within twenty-four hours, and that monitoring of the procedure is the responsibility of the Ministry of the Environment. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Merrett, that the report be received and filed. Carried UnanimouslZ. PETITION FROM RESIDENTS OF THE FORMER VILLAGE OF CHIPPAWA RE: USE OF CANADIAN NIAGARA POWER CO. RIGHT-OF-WAY Report No. 658 - City Manager - The report recommends certain action by Police Authorities, Canadian Niagara Power Co. and local schools in an attempt to resolve the concerns of the petitioners. Alderman Cheesman felt the only persons not involved in attempting to resolve the problem, are the parents of children using the right-of-way. The Alderman felt these parents should bear some responsibility, and that Council should publicly urge these parents to assist in resolving the problems experienced by residents in this area. Mayor Thomson pointed out that the Regional Police have been trying to resolve this problem, and in the event of any offenders being apprehended, they will be taken to their families and the problem brought directly to the attention of the parents. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Furtick, that the report bs received and adopted. Carried Unanimously. 1979 FLOODING REPORT FOLLOW-UP Report No. 659 - City Manager - The report recommends: 1) That the recommendations approved by Council at the General Committee session of November 12,. 1979, be -6- ratified; 2) That staff be directed that a follow-up report(s) on items referred back to staff on the flooding investigations, be presented to Council on or before March 31, 1980; 3) Should Council establish a deadline date earlier than March 31, 1980, staff may be directed to investigate if a consultant would be able to produce the follow-up report(s) on this matter by the deadline date so established by Council; and 4) Should Council wish that this matter be investigated by a consultant in any case, staff be instructed to get proposals from the consultants on the estimated cost of such investigations. In response to a question raised by Alderman MacBain, the Director of Municipal Works stated that the intention of staff would be to have one aspect of the report, in particular providing extra capacity for the Chippawa area, included in the capital budget. With respect to the total report, there will not be sufficient time to have improvements placed in the budget. It is intended to have television inspection of sewers included in the current budget. Alderman MacBain asked if these problems with timing on the budget would atill be a factor if a consultant were retained. The Director of Municipal Works explained that the timing would still be a problem due to the time involved in engaging a consultant and preparing necessary agreements. In response to a question raised by Alderman Puttick, Mayor Thomson stated that it was not the intention to hire a consultant at this time. Alderman Dilts indicated that it was his understanding the report was to include information on the cost of hiring a consultant. The Alderman did not feel that staff had completely determined the source of problems in the Chippawa area, and conmented that he wanted a qualified firm to find a solution to flooding in this area of the City. The Director of Municipal Works stated that staff could not recommend the hiring of a consultant at this time since the scope of the problem was not known. Alderman Dilts commented that connection of window wells and basement entrances to sanitary sewers had not caused the flooding, and statedthat the size of sewers in the area had to be increased to prevent future flooding. The Director of Municipal Works advised that staff had not suggested that window welLs. and basement entrances had been the cause of the problem in the Chippawa area. It was further advised that the sewers installed in Chippawa had been done so under an existing subdivision agreement with the former Village of Chippawa which allowed the area to develop. The Director of Municipal Works stated that the staff investigation had shdwninadequacy of the system near the outlet end, and if this fact had been known earlier, it would have been reported to Council accordingly. Alderman MacBats felt the City should not takelsteps to hire a consultant until it was determined the in-house work was not getting anywhere. The Alderman assured Alderman Dilts that if by March 31st, 1980 the in-house studies were not progressing, the matter of retaining a consultant would be given serious consideration by Council. The Director of Municipal Works suggested that a committee of Council could be set up to work with staff on the flooding problems. Alderman MacBain referred to a suggestion made by Mayor Thomson earlier in the year that one member of Council be given the responsibility of keeping track of the progress on a particular matter. The Alderman suggested that Alderman Dilts would be a logical choice to take on such a responsibility since he was presently involved in the Drainage Committee. Mayor Thomson suggested that staff could keep Alderman Diltsinformed of their progress. Mayor Thomson further advised that he had met with staff and had been surprised to learn that there were many alternatives that had not been presented to Council to review. The Mayor felt that the March 31st, 1980 date would give staff a substantial period of time to do a full investigation, however he suggested that staff submit monthly reports updating Council on the progress of investigations 'and providing any information that should be brought to the attention of Council and the public. Alderman Puttick suggested that these reports could be verbal to save staff time in preparing and dictating reports. The Director of Municipal Werks felt that such reports should be written to avoid any misunderstandings at a later date. It was further advised that any reports submitted would not provide much detalled information until January. Following further comment, it was moved by Alderman MacBain, seconded by Alderman Cheesman, that recommendations (1)'and (2) of the report be adopted, and further that monthly status reports be submitted by staff on the progress of their investigations. Carried Unanimously. -7- KINGSWAy MOTEL - RICHARD DISTEFANO Report No. 660 -~_ The report advises that if Mr. Distefano wishes to pursue the matter, the following applications must be made: 1) to amend the Regional Official Plan; 2) to amend the Niagara Falls Official Plan; and 3) To amend the new Zoning By-law. The Planning Director advised that he has arranged a meeting with senior officials at the Region during the week, to discuss the procedure to be followed in making application to amend the Region's Urban Boundaries. The Planning Director further advised that the City cannot amend its zoning by-law for property outside the urban boundaries. Mayor Thomson suggested that after the meeting, that the Planning Director report back to Council and notify Mr. Distefano's solicitor so that a presentation can be made at that time. Mr. Distefano indicated that this procedure was acceptable to him. It was moved by Alderman Schisler, seconded by Alderman Dilts, that the report be received and adopted, and further that the Planning Director report back to Council following the meeting with Regional Officials. Carried Unanimously. TENDERS ON WINTER SAND Report No. 661 - City Manager - The report recommends that the supply, delivery and mixing of winter for the 1979-80 winter season be awarded to Vineland Quarries and Crushed Stone Ltd. for the prices quoted and that direction be given by Council on the type of material to be used. A comparison of the various materials available was on display in the Council Chambers. During the discussion on the type of material to be used by the City, the Director of Municipal Works provided information on the specifications set by the M.T.C. on winter sand. Mayor Thomson advised that the heavy coarse material was difficult to remove from boulevards in the Spring, however it could be easily removed from the streets. In comparison, the lighter material caked on the boulevards and was difficult to be removed by the City's street cleaning equipment. In response to a question raised by Alderman Cheesman, Mayor Thomson stated that the cost of natural sand was substantially more than the manufactured sand. Following discussion, it was moved by Alderman Schisler, seconded by Alderman Merrett, that the report be received and adopted, and that the heavier coarse material be purchased for winter control. The motion Carried with the following vote: AYj: Aldermen Cummings, Hinsperger,'MacBain, Merrett, Puttick, Schisler and Wallman. NAYE: Aldermen Chessman and Dilts. See Resolution No. 108 COMMUNICATIONS No. 262 - Niagara Falls Canucks Jr. B Hockey Club - Re: Exhibition Game, December 8, 1979. The communication requests that the City reduce the hourly rental fee for use of the Arena on this game, since 50% of the gate receipts of the game will be contributed to the United Way. ORDERED on the motion of Alderman Cummings, seconded by Alderman Wallman, that the request be approved. Carried Unanimously. NOTE: Alderman Dilts was absent when the vote was taken on this matter. No. 263 - Greater Niagara General Hospital - Re: Parking on Kitchener Street. The communication expresses concern over the possibility of parking meters being placed along Kitchaser Street in the area of the Hospital. Alderman Merrett advised that this matter was being consi~ered by the Parking Committee, end that invitations would be extended to Dr. Dobbin and Mr. Hicks of the Ambulance Service to attend the next meeting. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the communication be referred to the Municipal Parking Committee. Carried Unanimously. -8- No. 264 - Regional Municipality of Niagara - Re: Implementation of New Equalization Factors for Municipal Purposes. The communication provides information on the implementation of the new Equalization Factors for municipal purposes. The City Treasurer provided additional information in response to several questions raised by Alderman Puttick. Alderman Puttick referred to the comment in the communication that the only long-term solution will be in the introduction of market value assessment and property tax reform, and suggested that Council endorse the position taken by the Region in requesting the Province to move towards this introduction for 1981. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Herrerr, that Council endorse the position of the Regional Municipality of Niagara and urge the Province to move towards the introduction of market value assessment and property tax reform for 1981. Carried Unanimously. No. 265 - Residents of St. Lawrence Avenue Area - Re: Stop Signs. The communication requests that the City consider placing stop signs at the comer of Jepson Street and St. Lawrence Avenue. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Dilts, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 266 - Provincial Secretary for Social Development - Re: Boarding and Lodging Homes. The communication requests that the Municipality consider taking steps to regulate boarding and lodging homes so that individuals using these facilities can be assured that adequate standards are in operation for their protection. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the communication be referred to staff for the preparation of a report outlining the advisability of licensing boarding and lodging homes. Carried Unanimously. __- No. 267 - Ministry of Housing - Re: Proposed Amendment No. 97 to the Official Plan for the Niagara Falls Planning Area (Northwest Corner of Lundy's Lane and Q.E.W.). The communication requests Council to reconsider its decision to permit residential'development on the subject site. Mayor Thomson indicated that he had been annoyed to learn the Province was still insisting that the City consider a different zoning on this property after Council had agreed to the requests of area residents for residential zoning. The Mayor was critical of the fact the Province was suggesting the use of twenty ft. high harms, sixty ft. wide along the length of the site adjacent to the Q.E.W. The Planning Director advised that Council could receive and file the communication and persuade the Province to make a decision instead of continuing to send letters to the Municipality. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the communication be received and filed, and the Municipality indicate to the Province its preference of the residential zoning. Carried Unanimously.. REPORTS No. 662 - Planning Director - Re,' AM-20/79, Proposed T,V. Service Shop at 4189 Drummond Road. The report advises that a request has b~en received from ths applicant, that the application be referred back to the Planning end Development Committee for a second hearing. ORDERED on the motion of Alderman Martart, seconded by Alderman MacBain, that ~the communication bs referred back to the Planning & Development Committee for a second hearing. Carried Unanimously. No. 663 - Planning & Development Committee - Re: AM-30/79, T. Palatin, East Bide of Willowdell Road. The report recommends approval of the application, -.; and that Council certify by resolution that the application conforms to - Official Plan Amendment No, 29 of the Niagara Falls Planning Area as amended · and approved by the Minister of Housing. ORDERED On the motion of Alderman Wallman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. Sea Resolution No.~ See By-lawNo. 79-2J' -9- No. 664 - City ~nager - Re: Lyons Creek Road. The report recommends that Mr. & Mrs. Christensen be sent a copy of the report and that Council petition the Region to install at least a portion of the trunk sewer required for this area to establish a proper outlet for the City's sanitary sewer on Lyons Creek Road. The Director of Municipal Works provided additional information on discussions held with Regional Officials on this matter. It was hoped that the matter will be considered by the Regional Public Works Committee, and that copies of the report would be forwarded to the City. Mayor Thomson suggested that copies of the City's report be forwarded to residents in this area who petitioned for sanitary sewers a number of years ago, so they are aware the City has again initiated movement on this matter with the Region. ORDERED on the motion of Alderman Dilts, seconded by Alderman Wallman, that the report be received and adopted, and further that copies be forwarded to those residents in the area who petitioned sanitary sewers earlier. Carried Unanimously. No. 665 - City Fmnager - Re: Watermain Installations on River Road. The report recommends: 1) That the Director of Municipal Works be authorized to engage Golder Associates to carry out geological investigations and monitoring for the proposed River Road watermain at an upset limit of $21,000 and the' City Clerk and ~yor be authorized to sign an appropriate engineering agreement with Golder Associates; 2) The City Solicitor be authorized to prepare an easement agreement with the Niagara Parks Conmission for the proposed River Road watermains; 3) Council authorize staff to transfer certain operating budget watermain allocations to finance the watermain installation on River Road from Otter St. to Philip St.; and 4) Council authorize staff to call public tenders for the installation of an 8" diameter watermain on River Road from Ellis to Hiram and Bridge to Queen incorporating the Golder Associates recommendations. The City Manager provided additional information on the cost of the consultant's investigations in response to a question raised by Alderman gchisler. Alderman Puttick asked if it would not be possible to have the section of watermain between Bridge and Queen constructed on Cataract Avenue rather than River Road to avoid the problems of disturbing the rock structure in the area. The Alderman suggested that the problems with the rock structure had become a concern as a result of the discussions on the proposed motel on River Road between John and Philip. The Director of Municipal Works indicated that the Niagara Parks Commission expressed concern that there be no danger to the escarpment by any work done in that area. It was felt appropriate that the City determine what was happening with the rock structure on this section of River Road before commencing any underground installations. The Fire Chief also advised that the installations would be beneficial in ~mproving water pressures for fire fighting purposes, since pressures in this area were very low. The Design & Construction Engineer stated that even if the main were constructed on Cataract, he felt it would be advisable to do some investigation of the rock structure in advance. The intent of the construction is to loop the watermains on the intersecting streets which presently dead end at River Road, and improve the water supply needed for fire fighting purposes. By installing a section on Cataract, bends would be necessary in the main. With more bends in the main, more pressure is lost, and it is better to have one continuous alignment. In response to a question raised by Mayor Thomson, the Design & Construction Engineer stated that watermains must be separated by at least eight ft. from a sewermain, and only in exceptional cases are they allowed to be closer than eight ft. Following further discussion, it was moved by Alderman Dilts, seconded by Alderman Minsperger, that the report be received and adopted. Carried Unanimously. No. 666 - City }~nager - Re: McLeod Road and Stanlcy Avenue Realignment, Underpass at Conrail Tracks. The report advises of the proposed schedule for construction of the subject project. - 10 - Alderman Merrett suggested it might be of advantage to Council to have the same presentation made to Council by the Region's consultant, as to the far-reaching effects on that part of the City. Mayor Thomson indicated that there have been several presentations on this project in the past. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 667 - City Manager - Re: Parking Downtown. The report recommends that the City Manager be authorized to take the necessary steps to allow free parking at all downtown on-street and off-street metered spaces until December 31, 1979. Alderman MacBain commented that the reason for using parking meters was to ensure there would be parking available for customers of businesses in the Downtown area. ~e Alderman stated that he had always suspected that one reason for meters was to obtain revenue to assist in the purchase of off-street parking, and he felt there were other means of raising this revenue that could be used. Alderman MacBain asked if the original reason to provide parking for customers had logic, why did this logic not apply during the pre-Christmas season. Mayor Thomson advised that if there were no on-street meters, the parking spaces would be used by employees of the downtown merchants. The free parking will only take effect after 3:00 p.m., and employees will have to find parking elsewhere when they first report to their jobs. The 3:00 p.m. restriction ensures there will be adequate parking for shoppers. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 668 - City Manager - Re: Fairview Cemetery Greenhouse. The report recommends that the firm of Lord & Burnham Co. Limited be awarded the supply and erection of an extension to the-existing Fairview Cemetery Greenhouse at a cost of $11,950. Alderman Puttick felt it would be advisable to obtain additional prices rather than to'award this work to the contractor who had supplied the original greenhouse. Alderman Dilts asked if it was standard practice for municipalities to operate a greenhouse, or if the City was supplying an extra and possibly unnecessary service. The Projects & Services Engineer advised that Niagara Falls has one of the ~mallest per capita operations on growing its own greenhous stock. Because of the work of the Niagara Parks Commission in the City, the greenhouse operation is much less extensive than in other municipalities. In response to the question raised by Alderman Puttick, the Projects and Services Engineer stated that the quotation submitted by Lord & Burnham was done so without that firm knowing how many other bids were being submitted. It was also felt advisable to have the some firm erect the extension, since it must be butted immediately adjacent to the existing building. The Only ether solution would be to have the whole extent of the greenhouse built at 'once, hewever since that opportunity is not available now, the only recommenda- tion staff could make was for the some firm to erect the extension. The Director of Municipal Works indicated that if the City were to re-tender the work and obtain more than one price, the project would likely have to be deferred. Since one price was already on the table, it would not be difficult for other firms to submit lower bids. Following further discussion, it was moved by Alderman Merrett, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cheesman, CDmm{ngs, Minsperger, MacBain, Merrett, Puttick, Schisler and Wallman. NAYR: Alderman Dilts. No. 669 - City Manager - Re: Parking Near Westlane High School. The report recommends that parking be prohibited at all times from the south side of Catalina Street from Eldorado Avenue to Pitton Road and from the west side of Pitton Road from Catalina Street to Ethel Street. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schtsler, that the report be received and adopted. Carried Unanimously. No. 670 - City Manager - Re: Mausoleum Request. The report requests that Council confirm that a municipal mausoleum not be constructed, and further that the request for a privately owned mausoleum offering crypts for sale to the general public not be permitted in any City cemeteries. - 11 - Mayor Thomson suggested that a copy of the report be sent to the individual making the request and his solicitor. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 671 -- City Manager - Re: Intersection of ~mcDonald Avenue and Kitchener Street. The report recommends that no change ba made in the position of the stop signs at this intersection but that 48" stop signs be used and an existing "No Parking" sign be relocated, both of which will+ improve visibility of the stop sign. Mayor Thomson suggested that flashing lights be used to further improve the visibility of the stop sign by motorists. The Projects & Services Engineer stated that the M.T.C. feels flashing lights do not help and are only an unnecessary cost. It is the Ministry's experience that the lights had no additional attention drawing factor for motorists. Alderman Puttick felt the four--way stop would be more effective and if traffic did back up at the Q.E.W., that problem could be handled later. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Merrett, that flashing lights be installed on the existing stop signs, and that the report, as amended, be received and adopted. Carried Unanimously. No. 672 - City Manager - Re: Traffic Control Signals. The report recommends that the Region be requested to carry out the necessary study'to determine the advisability of re-arranging the intersection of Valley Way at Stanley Avenue and erecting signals. It is further recommended that the Region be requested to carry out the necessary surveys at the intersection of Portage and Buchanan to determine whether signals are warranted, with costs to be billed to the City. Alderman Puttick referred to a report prepared several years ago which recommended certain intersection improvements in this general area, and suggested this report be reviewed before making the recommended requests to the Region. The Projects & Services Engineer advised that the Niagara Freeway Interchange was involved in this area, and did involve Valley Way being closed off in a cul-de-sac. The plan was now very old, and although many things have occurred in the City affecting that plan, the M.T.C. has not adopted a new plan to take its place. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 673 - City Manager - Re: 1979 Population Figures. The report advises that the 1979 population of the City of Niagara Falls has been established by the Ministry of Revenue at 70,771, ap increase of 217. Alderman Merrett suggested that the age distribution figures on the population be referred to the Recreation Commission to assist in planning of future recreational facilities. The Planning Director advised that his department does analyze all population trends, and will advise other departments during the year of these trends. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 674 - City Manager - Re: Annual Update of Regional Road System, 1979. The report recommends that the Region assume Riall Street from Dorchester Rend to St. Paul Avenue and Church's Lane from St. Paul Avenue to Stanley Avenue as Regional Roadways in accordance with the criteria established by the Region. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 675 - City M~nager - Re: Installation of Public Telephone in City Hall Lobby. The report recommends that a coin operated telephone be installed in the main lobby of City Hall in accordance with revenue sharing formula set out by Bell Canada. ORDERED on the motion of Alderman Gheesman, seconded by Alderman Cummings, that the report be received and adopted. Eartied Unanimously. No. 676 - City Manager - Re: Request for Extension of Agreement, Foxhead Inn - City of Niagara Falls - Biblical Wax Museum Ltd. The report recommends approval of an extension to the subject agreement requiring that existing encroachments - 12 - be removed on or before the first day of November, 1980. ORDERED on the motion of Alderman Cummings, seconded byAlderman Schisler, that the report be received and adopted. Carried Unanimously. No. 677 - City Manager - Re: Application for Licence of Occupation - Greater Niagara Boating Club. The report recommends that Council approve the issuance of a Licence of Occupation to the Greater Niagara Boating Club by the Ministry of Natural Resources. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 678 - City Manager - Re: Availability of Surplus Ontario Rydro Lands. The report recommends that Ontario Hydro be notified that the Municipality is not interested in purchasing surplus Hydro lands on the west side of Dorchester Road. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 679 - City Manager - Re: Lot 20, Falls Industrial Park Extension. The report recommends the sale of Lot 20 to Ceramniagara Limited and that the necessary by-law and legal documents be prepared by the Legal Department. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 680 - City Manager - Re: Fire Department Pumper. The report recommends that Council authorize the calling of tenders for the supply of a 1050 p.s.i. pumper and take advantage of a 1979 quotation for delivery of the pumper in 1980. ORDERED on the motion of Alderman MacBath, seconded by Alderman Htnsperger, that the report be received and adopted. Carried Unanimously. No. 681 - City Clerk - Re: Consent Items. 1) Niagara Escarpment Commission - Re: Invitation to Briefing on the Commission's Proposed Plan, November 22, 1979 in Coilingwood, Ontario. Recommendation - That the date and time be noted and any members of Council interested make arrangements to attend. ~ 2) Ontario Plumbing Inspectors Association - Re: Election of M=. N. Downer as Director of the Association. Recommendation - For the information of Council. 3) Canadian National Railways - Re: Repairs to Road Crossing - Swayze Drive. Recommendation - For the information of Council. 4) Regional Municipality of Niagara - Re: Bridge over REPC Canal, Portage Road. Recommendation - For the information of Council. 5) Regional Municipality of Niagara - Re: Deletion of a Section of Morrison Street from Regional Road System. I Recommendation - For the information of Council. 6) Regional Municipality of Niagara - Re: Transfer'of Road Widening, Drummond Road. Recommendation - For the information of Council. Alderman Merrett suggested that the residents and businesses in the area of the Portage Road bridge be advised of the Region's meeting to discuss winter maintenance on the bridge. Mayor Thomson also suggested it might be advisable to have representation made by the City to make sure Council's opinion on having the bridge remain open in the immediate future, if not longer term, known-to the Committee. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Diltsm that the report be received and adopted. Carried Unanimously. ORDERED on the.motion of Alderman Merrett, seconded by Alderman Cummings, that representative8 of Council and Engineering Staff attend the meeting if possible, and further that interested businesses and residents be notified accordingly. Carried Unanimously. No. 682 - City Manager - Re: Building & Development Department Report for October, 1979. The report provides information relative to permit statistics, development proposals and other noteworthy data concerning the specific function! and daily activities of the Building & Development Department. The City Manager provided additional information regarding permits that were not issued in October, but will be covered under the November report, in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. - 13 - No. 683 -Ci_!Ltv' Man~.e~_Er _ Re! Municipal Accounts. The report reconnnends pa~nent of the municipal accounts. The City Treasurer and City Manager provided additional information on Cheques #1939, #1966. #2054, #2055, #2056, #2198, #2207 and #2209 in response to questions raised by ~!dermen Cummings. Puttick and Schisler. With respect to Cheques #].966 and #2207 for the purchase of batteries. the City Manager indicated that he would provide additional information to Alderman Puttick. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. COMMUNICATION No. 268 - Damore Bros. Ltd. - Re: Conrail Drainage Chamnel Contract DC 1-79. ~e communic tion requestS'that the City consider the alternative of disposing of earth excavation in an alternate location, which will result in savings to the City on the contract price. The Director of Municipal Works explained that the contractor was experiencing difficulty with wet ground conditions in the presently used disposal site (Falls Industrial Park Extension). If the request of the contractor is granted, the City could realize a savings of up to $20.000. In response to a question raised by Mayor Thomson, the Director of Municipal Works indicated that it was hoped to use some of this material in the'sanitary landfill site, however due to the savings on the contract, it was felt the request should be considered. In response to a question raised by Alderman Cheesman, the Director of Municipal Works indicated it was doubtful the contractor would resume disposing of excavated material in the original site once weather conditions improved, and that it would be to the contractor's advantage to continue using the alternate site. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the request be approved. Carried Unanimously. RESOLUTIONS No. 108 - SCRISLER - MERRETT - RESOLVED that the unit prices submitted by Vineland Quarries and Crushed Stone Ltd. for the supply of coarse material to be used for winter sand, be accepted at tbe tendered price of $5.33 per tonne delivered and $0.55 per tonne for mixing; AND the Seal of the Corporation be hereto affixed. Carried with Aldermen Cheesman and Dilts voting contrary, and all others voting in favour. No. 109 - WALLMAN - DILTS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-210 for the rezoning of lands on the east side of Willowdale Road, south of Marshall Road, conform to Official Plan Amendment No. 29 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; ~D the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 110 - CHEESMAN - SCHISLER - RESOLVED that the petition for interim payment under The Public Transportation and Highway Improvement Act on expenditures made in the year 1979, dated November 15th, 1979, be adopted as presented in the estimated amount of $3,124,864.00; AND the Seal of the COrporation be hereto affixed. Carried Unanimo_~_~ BY-LAWS ORDERED on the motion of Alderman Etnsperger, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-204 - A By-law to designate certain areas in the City of Niagara Falls as site plan control areas. No. 79-205 - A By-law to amend By-law No. 79-107 as amended by By-law No. 79-163, being by-laws respecting By-law No. 5335, 1955, as amended. - 14 - No. 79-206 - A By-law to amend By-law No. 79-135 respecting By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. No. 79-207 - A By-law to define classes of development that may be undertaken without the approval of plans and drawings otherwise required under subsection 4 of Section 35a of The Planning Act. No. 79-208 - SEE PAGES 4 AND 5 No. 79-209 - SEE PAGES 4 AND 5 No. 79-210 - A By-law to amend By-law No. 395 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-30/79, T. Paletin) No. 79-211 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Cummings, seconded by Alderman Dtlts, that the following byTlaws be now read a second and third time: No. 79-204 - A By-law to designate certain areas in the City of Niagara Falls as site plan control areas. No. 79-205 - A By-law to amend By-law No. 79-107 as amended by By-law No. 79-163 being by-laws respecting By-law. No. 5335, 1955, as amended. No. 79-206 - A By-law to amend By-law No. 79-135 respecting By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls as amended. No. 79-207 - A By-law to define classes of development that may be undertaken without the approval of plans and drawingS'otherwise required under subsection 4 of Section 35a of The Planning Act. No. 79-208 - SEE PAGES 4 AND 5 No. 79-209 - SEE PAGES 4 AND 5 No. 79-210 - A By-law to Willoughby, T. Palatin) amend By-law No. 395 of the former Township of now in the City of Niagara Falls, as amended. (AM-30/79, No. 79-211 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS MUNICIPAL WORKS INTERIM REPORT The City Manager referred. to the Municipal Works Interim Report provided with Council material, and advised that if any members of Council have any questions on the report, members of staff will be available at the next General Committee meeting to-provide additional information. FERGUSON AVENUE CONSTRUCTION Mayor Thomson advised that he had received a petition from Mr. F. Dixon of Terrace Avenue regarding the construction on Ferguson S~ under the NIP Programme. The Mayor advised that the complaints involved the condition of the road, and lumber left on the construction site. Mayor Thomson further advised that he, the City Manager and staff met with the contractor on the site, and that progress had been made on the construction and the lumber was subsequently removed. The petition was withdrawn by the residents who are satisfied with the action taken. SOCL~L PLANNING COUNCIL Mayor Thomson referred to recent happenings involving staff at the Social Planning Council, and advised that he had received a number of letters on this - 15 - matter, however they were not available in time to add to the Council agenda. Mayor ~Fnomson did not feel it would be advisable for Council to question the actions of the Social Planning Council without proper information, and indicated that he would have the letters placed on the agenda for the next regular Council meeting. In particular, Mayor Thomson advised that a letter had been received from the Executive Director asking if Council had held any formal or informal discussions pertaining to the operation or upcoming budget of the Social Planning Council or that the S.P.C. budget would be cut in 1980. The Mayor felt Council should give an indication that no discussions have been held. Mayor Thomson also advised that he had been requested by the Chairman of the Social Planning Council to attend a board meeting. Mayor Thomson indicated that he had advised the Chairman that he did not feel it would be proper for him to attend a meeting, since he was not the Council's representative to the Social Planning Council, and that he would not attend unless Council specifically requested that he attend. The Mayor advised that he discussed the matter with Alderman Cummings who agreed with his decision. Following further discussions, it was moved by Alderman Dilts, seconded by Alderman MacBain, that the Executive Director of the Social Planning Council be advised that there have been no formal or informal discussions by City Council regarding the 1980 budget allocation to the Social Planning Council. Carried Unanimously. Mayor Thomson also referred to a note in the recorded minutes of a recent Social Planning Council meeting, at which Alderman Cummings had questioned the authority of the transfer of funds from the Social Planning Council grant to the Volunteer Bureau. Mayor Thomson advised that he and the City Manager had discussed the financial request from the Volunteer Bureau, and since their budget had originally been included in the Social Planning Council grant and the City had authority to transfer the funds from one agency to another, the transfer had been carried out to save the City from attempting to find an additional $1,000 to assist the V61unteer Bureau. Mayor Thomson stated that the-Executive Director of the S.P.C. was contacted and informed that the funds were available for this purpose. Alderman Cummings stated that he had questioned the matter, since the only person aware of the transfer was the Executive Director. It was felt the Executive Director should have at least contacted the President of the S.P.C. and advised him accordingly. Mayor Thomson commented that it was the responsibility of the Executive Director of the Social Planning Council to do so. It was moved by Alderman Cheesman, seconded by Alderman Merrett, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, COLLINSON, CITY CLERK MAYOR WAYNE THOMSON l THIRTY-SFVENTH MEETING Council Chambers November 26, 1979 SPECIAL MEETING Council met on Monday, November 26, 1979 following a meeting of the General Committee. All members of Council were present with the exception of Alderman Sobol. His Worship, Mayor Thomson presided as Chairman. REPORTS No. 684 - City Manager - Re: 1979 Capital Budget Projects. The report recommends passage of by-laws to authorize road reconstruction, storm sewer construction, local i~provement ~vorks~ sanitary sewer construction and watermain construction. The Design & Construction Engineer provided additional information with respect to street lighting in response to a question raised by Alderman Puttick. The Director of Municipal Works referred to a petitien received from Mr. S. Creme on the relocated section of Moatrose Road requesting the installa- , tion of sanitary sewers. Meetings have been held with Mro Crema to arrange- some type of agreement with th~ four residents invob~ed to supply an easement which will keep costs to a minimum. The Director of Municipal Works indicated that the sewer was to be constructed under the Local Improvement program, however there may be other residents on Moatrose Road who would object to this approach and the project could be lost. If the sewer is constructed on an agreement basis, there could be less problems. In response to a question raised by Alderman Merrett, the Design and Construction Engineer advised that Main Street will be comple'tely reconstructed. In response to a further quest!on by the Alderman, the Design ~ Construction Engineer advised that he con!d not guarantee there would be no dust problems from the construction. Alderman Cheesman noted that the section of Mai~ Street beyond Delaware wan also in need of rapairs and asksd if any work was scheduled for that portion. The Director of Municipal Works advised that this work was in another year of the capital budget. ~o!lowing further discussion, it was moved by Alderman Puttick, seconded by Alderman Chessman, that the repor~ be received and adopted. Carried Unanimously. No. 685 - City ~nager - Re~ Energy Conservation Proposal by Johnson Controls. The report recommends: 1) Acceptance of the proposal b~ Johnson Controls for energy conservation, and that the City Manager be authorized to engage the firm to carry out the ~¢ork at the tendered price of $!1!000; 2) An amount of $5,500 be included in the 3.980 operating bodget~ with remaining costs to be paid out of reduced expenditures required for hydro and natural gas; and 3) That the energy conservation and cost saving program be completed as quickly as possible. ORDERED on ~he motion of ~!derman MacBsinl seconded by Alderman Dilts~ that the report be received and adopted. ~ar__[ied Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Dtlts, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-212 - A By-law to authorize the construction of certain works as local improvements under Section 12 of ~te Local Improvement Act. No. 79--213 - A By-law ~o authorize the reconstruction of Main Street from Ferry Street to Delaware Street. ~o. 79-214 - A By-law to authorize the reconstruction of a sanitary sewermain as an improvement to the sewage system in the urban service areas of the City. (Elgin Street) No. 79-215 - A By-law to authorize the reconstru,ztion of a sanitary sewermain as an improvement to the sewage,eystmn in the urban service areas of the City. (Terrace'Avenue) 2 No. 79-216 - A By-law to authorize the construction of a storm sewermain as an improvement to the sewage system in the urban service areas of the City. (Coholan Street) No. 79-217 - A By-law to authorize the construction of a storm sewermain as an improvement to the sewage system in the urban service areas of the City. (Drummond Road) No. 79-218 - A By-law to authorize the construction of a storm sewermain as an improvement to the sewage system in the urban service areas of the City. (Bender Street) No. 79-219 - A By-law to authorize the construction of a watermain as an improvere; to the water supply system in the urban service areas of the City. (Lundy's Lane) No. 79-220 - A By-law to amend By-law No. 79-200. (Hope Fellowship Baptist Church Carried Unanimously .ORDERED on t~e motion of Alderman Fera, seconded by Alderman Dilts, that the following by-laws be now read a second time: No. 79-212 --A By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. No. 79-213 - A By-law to authorize the reconstruction of Main Street from Ferry Street to Delaware Street. Carried Unanimously ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 79-214 - A By-law to authorize the reconstruction of a sanitary sewermain as improvement to the sewage system in the u~n service areas of the City. (Elgin Street) No. 79-215 - A By-law to authorize the reconstruction of a sanitary sewermain as improvemen~ to the sewage system in the urban service areas of the City. (Terrace Avenue) No. 79-216 - A By-law to authorize the construction of a storm sewermain as an improvement to the sewage system in the urban service areas of the City. (Coholan Street) No. 79-217 - A By-law to authorize the construction of a storm sewermain as an improvement to the sewage system in the.urban service areas of the City. (Dranmmond Road) No. 79-218 - A By-law to authorize the construction of a storm sewermain as an improvement to the sewage system in the urban service areas of the. City. (Bender Street) No. 79-219 - No. 79-220 - A By-law to authorize the construction of a watermain as an impreveL to the water supply system in the urban service areas.of the City. (Lundy's ~ne) A By-law to amend By-law No. 79-200. (Hope Fellowship Baptist Churd ~arried Unanimously NEW BUSINESS 75TH ANNIVERSARY COMMITTEE PRESENTATIONS Alderman Cheesman reminded members of Council of a presentation to be made _ at the December 10th General Committee meeting honouring those firms who have · in the City for 75 years and longer. The Alderman advised that a small recepti0~ 'will be held following the meeting. WILLOUGHBY DRIVE Mayor Thomson advised that he had a resident visit him in his office who presented him with a petition from residents of Willoughby Drive requesting -3- that the City take steps to provide raore precautionary methods for Willoughby Erive, particularly in the area of the bend north of Gunning Drive. Ihe Mayor indicated that the most recent accident at this location occurred on the weekend, when a car travelled over the curb, through the fence erected by the City and ~i~'b~'~'~'~$~=~"~J~m'~J!~'~e~' ~"'Mwere damaged in the incident. The [.~yor ~'~,~.~a~-e~ steps should be taken to prevent future accidents at this location, through the erection of an appropriate barrier, such as concrete, and more reflective warning tape. The Mayor also suggested that consideration be given to having the road re-aligned to straighten out the bend. Alderman Dilts indicated that he has been aware of the problem for some time, and advised that now that the roadway has been recently resurfaced, it had become a speedway. Alderman Puttick stated that a number of years ago he had suggested the use of ripples in the pavement at another location in the City, as a means of correcting a similar problem. The Director of Municipal Works indicated that these ripples were tried quite extensively and have been found to be ineffective. Following further discussion, it was moved by Alderman Dilts, seconded by Alderman Merrett, that a suitable barrier be erected and clearly marked with reflective lettering. Carried Unanimously. AMBULANCE SERVICE Mayor Thomson advised that he had been contacted by a representative of the ambulance service advising that two of the City's four ambulances had been taken off the road because of their dilapidated condition. Periodically, one of these ambulances is used to transport patients to Toronto, which would leave only one ambulance to serve the entire City. It was further advised that officials of the ambulance service had contacted the Ministry of Health earlier, requesting new equipment without success. Mayor Thomson commented that .he hoped this was not an indication that the Ministry was trying to get out of ambulance service. or make operation of the service so difficult that the municipality or other groups would be forced to take over the service. The Mayor requested that Council formally request the Ministry of Health to make immediate response to the request for an additional ambulance, and if no satisfactory reasons are given, that the Ministry be asked how the City is to handle medical emergencies. Alderman Merrett suggested that it might be effective for the Mayor to call the Ministry and speak directly to the Minister of Health. I Alderman Puttick stated that according to the press coverage on the matter, it had been indicated that the Ministry would be supplying an ambulance within two weeks. The Alderman felt Council should know all the facts involved before contacting the Ministry. Mayor Thomson stated that Mr. Hicks from the ambulance service had contacted the Ministry and had gotten no response whatsoever. In response to a question raised by Alderman Puttick, the Mayor stated that the Ministry should supply sufficient equipment to bring the service back up to its ?rlginal complement. Following further discussion, it was moved by Alderman Merrett, seconded by Alderman Dilts that Council formally request the Ministry of Health to make immediate response to the request for an additional ambulance, and if no satisfactory reasons are given, that the Ministry be asked to suggest how the City is to handle medical emergencies. The motion Carried with Alderman Puttick abstaining on a conflict of interest. LOCAL COUNCIL OF WOMEN Mayor Thomson advised that he had been contacted by the Local Council of Women regarding their practice of distributing Christmas baskets each year. The Mayor indicated that the group had asked if they should go into something else, and he had felt this volunteer service should continue. The Mayor asked that Council indicate its support for the Local Council of Women and their services to the community. It was moved by Alderman Dilts, seconded by Alderman Merrett, that a letter of support be forwarded to the Local Council of Women for its volunteer work in the community. Carried Unanimously. METAL CONTAINER - SANITARY LANDFILL SITE Mayor Thomson advised that he had spoken to an individual recently regarding the metal container at the Sanitary Landfill Site. This container ~as placed -4- at the site by a local firm so that individuals could place scrap metal in the bin separately. The material is then collected by the firm, and the City is paid the going rate for the metal. According to this individual, a car has been seen in the Landfill Site on several occasions removing metal from the bin. Mayor Thomson felt a report should be prepared on who is responsible for supervising the metal container, and why the attendants at the gate allow this practice to go on. It was moved by Alderman MacBain, seconded by Alderman Dills, that the matter be referred to staff for the preparation of a report. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman MacBain, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON / ~IIR?f-EI~iTH MEETING Committee Room #1 December 3, 1979 COMMITTEE OF THE WHOLE Council met on Monday, December 3, 1979 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Schisler. Alderman Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. Carried Unanimously. READ AND ADOPTED, COLLINSON, CITY. CLERK THOMSON Council Chambers December 3, 1979 Council met on Monday, December 3, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Schisler. His Worship, Mayor Thomson presided as Chairman. Alderman Puttlck offered the Opening Prayer. ADOPTION OF )IINUTES ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the minutes of the meeting held on November 26th, 1979, be adopted as printed. Carried Unanimously. PRESENTATION OF ACHIEVEMENT AWARDS NIAGARA FALLS CURLING CLUB INTE~{EDIATE TEAM His Worship, Mayor Thomson presented achievement awards to Mr. A. Gemmell and Mr. G. Holmes of the Niagara Falls Curling Club Intermediate Team for winning the Ontario Intermediate Championship in Brampton, Ontario. Mr. W. Hoch and Mr. W. Gillings of the team were not able to attend and accept their awards. NIAGarA PENINSULA MAJOR ATOM SOCCER TEAM His Worship, Mayor Thomson presented achievement awards to Colin Cromack, Steve Dee, Robert Desson, Paul Howie, Dean Karachi, Steve Xriszan, John Maiden, Theodore Mascia, Peter Mazone, Billy Prestia, Steve Palmer, Thomas Roberto, john Ventresca (Captain), Ciacomo Viiiella, Harold Whittacker (Coach) and Melvin McClure (~nager), for winning the Ontario Cup in London, Ontario. Wade Fabian, Doug McClure and Mustafa Sahin were unable to attend and accept their awards. WELCOME His Worship, Mayor Thomson extended a welcome to the members of the First Stamford Pathfinders Unit. UNFINISHED BUSINESS NIAGARA PA~(S COI~4ISSION STUDY Report No. 686 - City Manager - The report recommends that the Niagara Parks Commission be info~aed that the City agrees in principle with Scheme One, and that consideration be given to providing funds in the 1980 Operating Budget for the necessary study to resolve parking problems in the Clifton Hill area. Mr. J. Harris of the Niagara Parks Commission provided members of Council with a brief baekground of the traffic problems in Queen Victoria Park, leading -2- up to the retention of DeLeuw Cather, to prepare a master plan of traffic conditions in Queen Victoria Park. Mr. Harris introduced Mr. B. McKay and Mr. K. McLean of DeLeuw Cather, and requested Mr. McLean to outline the various concepts prepared. Mr. McLean advised that phase one of the report was to establish the need for improvements in the park. The second phase would involve evaluation of the problems and preparation of alternatives to meet the established need, with the third phase being the selection and implementation of a preferred concept. Using certain design controls, such as the provision of a new parking area south of Dufferin Islands to avoid detrimental impact on the park area and provision of a people mover system to transport people from the south parking lot to the Table Rock House area, three concepts were developed. CONCEPT ONE: This concept would involve two-way traffic on the parkway throughout its entire length, however vehicular traffic would operate in two lanes on the west side of the existing median between .the South Parking Lot and the Table Rock House area and then continue to operate as it presently does, two lanes on each side of the median from Murray Hill north to Clifton Bill and on through the Rainbow Bridge Plaza area. The major difference would be the people mover system, which would utilize the other two lanes of the Parkway. The curb lane of each of the two divided roadways from Murray Hill to Clifton Hill would be reserved for transit use initially for viewmobile operation. In the other direction through the exclusive left turn lane, the transit vehicles would move south to the Dufferin Islands area. CONCEPT TWO: This concept is similar to Concept One between Murray Hill and the Rainbow Bridge Plaza, however south of Murray Hill, traffic is one-way southbound to the intersection with the Hydro Road. Northbound traffic in this area would have to leave by the proposed parking lot to portage Road and would proceed northerly to other destinations in the City. In terms of transit, the two lanes on the River side of the Parkway would be used exclusively for transit from the South Parking Lot to Murray Bill. CONCEPT THREE: This concept involves one-way traffic northbound from the South Parking Lot to Murray Hill. Southbound traffic would be routed along a new roadway through the Table Rock Parking Lot onto a reconstructed Fraser Hill Road access to Portage Road and would then be directed from this point to the proposed South Parking Lot. The trans~system would use the two exclusive lanes on the River side of the Parkway. All three concepts would involve the removal of on-street parking throughout the Park from the Bydro Road to the Rainbow Bridge Plaza. In terms of cost, external improvements would involve expenditures of $10,000 for Concept One, $315,000 for Concept Two and $300,000 for Concept Three. Improvements to the internal road system involve expenditures of $400,000 for Concept One, $400,000 for Concept Two and $1,100,000 for Concept Three. With respect to impact on the natural environment and social environment, Concept One would have little impact with the exception of impact on vegetation. Concept T~o has moderate impact on vegetation, residential areas, recreational opportunities, noise concerns and air quality concerns. Concept Three has substantial impact on vegetation and moderate impact affecting geology and soils, wildlife, aquatic systems, aesthetics, archaeological sites as well as noise and air quality concerns. The reduction of traffic in the Park will Justify the incorporation of the people mover system to transport visitors from the South Parking Lot northerly. Mr. McLean s,,mmarized by indicating that all concepts reduced traffic and parking congestion and provide an opportunity for increased visitation to the Park. Mr. R. Thompson of the Niagara Resort and Tourist Association stated that the Association did not wish to indicate support or opposition for any of the three concepts at this time. It was felt that thepossible economic ramifications~ or implications affecting the rest of the tourist segment had not been seriously given enough thought, and the Association was requesting sufficient time to prepare a reply in reply to the Niagara Parks CommissionNaster Plan. iMr. Thompson indicated there were a number of very critical questions asked at earlier meetings, at which the Niagara Parks Commission agreed to supply detailed data and hack-up information, and without that information, the Associat~ was not in a position to give a detailed report to Council. Mr. Thompson requested that Council allow the N.R.T.A. a period of one month inorder to prepare a satisfactory report on this very important document. Mr. J. Bredcrick acting for York Harmover, endorsed Mr. Thompson's comments and stated there 'is not enough information available to make a decision. Alderman Mcrrett referred to the terminal building to be located at the South Parking Lot near Narineland, and con~ented that this will be one of the first places people will visit, and he felt the building could be made into 1 a real welcome centre. This centre could be used to sell the whole City, not .Just the Niagara Parks Co~ission attractions, and might assist in keeping visitors in the area longer. - 3 - Alderman Puttick pointed out that several of the quotations submitted on the people.-mover system had to he accepteft by the end of January, otherwise prices could increase. It was the Alderman's underst~uding that the Commission did not want the matter delayed until the end of January for that reason. Mayor Thomson indicated that according to the Commission, the end of January was not a crucial date since monies were on hand and could be deposited in an account. interest on these monies would look after any increase in the cost of the vehicles. ,'~r. Harris of the Cormnission agreed that the financing was not a major problem~ however the longer the matter takes~ the longer the delivery time of twelve to eighteen months is delayed, further delaying the project. Alderman Puttick felt that placing. funds in an account to gain interest which would be used to pay the increased cost of Purchasing the vehicles, was poor management. Following further discussion, it ~as moved by Alderman Fera, seconded by Alderman Cheesman.~ that the matter be tabled for one month. Carried Unanimously. SHEP~TON FO~tFAD HOTEL PA~RY, ING -'Report No. 687 -- City Solicitor .- The report recommends amendment to au agreement to provide that parking for the Sheraton Foxhead Hotel be in accordance with the new Zoning By-law. The number of parking spaces to be provided would be 265. Report No. 688-- City ~nager -- The report provides additional information on the methods used in determining the number of parking spaces to be provided for the Sheraton Foxhead ltotel. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the reports be received and adopted. Carried Unanimously. PETITION FROM RESIDENTS OF MAIN STREET (CIIIPPA~? Report No. 689 -- City Manager -- The report recommends: 1) That the City as o~mer of the subject property, enter upon the land. remove the concrete and rough grade the lot; and 2) ~en the above action has been completed~ a report be prepared outlining the future disposition of the subject lot, with particular emphasis on future uses and limitations on buildings to be erected on leased lands. The City Clerk provided additional information concerning the existing lease in response to a number of questions raised. OP~EP~D on the motion of Alderman Hinsperger, seconded by Alderman Dilts, that the report be received and adopted. Carried I~animous!y. COMMI~ICATIONS No. 268(a).George Auld, (b) Janet Atcheson (c) Helen Belie (d) Gertrude Doherty (e) Karen Glen (f) Irene Ploszczansky (g) Frank Miele (h) A. R. Avery and (i) Henrietta Mielema. The con~lunications express concern over the termination of employment of two employees of.the Social Planning Council. ~hyor Thomson advised that he had received copies of letters sent to the President of the Social. Planning Council by the selicttors retained by the persons whose employment had recently been terminated. These letters were brought to the attention of the City Solicitor, and it was his opinion that Council should not get involved in the matter for two reasons. The Social Planning Council is not a committee of Council but a separate organization. Secondly, the matter may result in a court action and should be left to the lawyers involved. Mayor Thomson felt it would be advisable for Council to receive and file the letters. Alderman Cummings suggested that copies of the letters could be referred to the Social Planning Council, in the event it has not already received copies of same. In response to a question raised by Alderm~n Chessman, Mayor Thomson stated that the Social Planning Council should be made ~mre of the existence of the letters in that they are now on public record. In response to a further question by Alderman Puttick, the City Solicitor confil~ed that the letters are now on public record and there was no reason copies could not b~ provided to the Social Planning Council. Mr. R. Meuser indicated that he wished to address City Council regarding the question of whether there is a need for professional staff at the Social Planning Council. -4- The City Solicitor stated that he did not know what Mr. Meuser's comments would be, however he felt if the matter involved how the Social Planning Council .should be run, the City Council was not the appropriate body to address. Mayor Thomson suggested that Mr. Menset should discuss the matter with the Social Planning Council, however if he wished to make a submission to Council at budget time when the Social Planning Council grant would be reviewed, it would be accepted at that time. The Mayor further stated that due to the possible pending litigation, Council was not in a position to discuss the matter further. It was moved by Alderman Fera, seconded by Alderman Merrett, that the communications be received and filed, and copies forwarded to the Social Planning Council. Carried Unanimously. No. 269 - Mr. D. Delaney - Re: Condition of Conrail Tracks. The communication expresses concern regarding the condition of the Conrail tracks near Ryerson Crescent. ORDERED on the motion of Alderman Cheesman, seconded by Alderman err, that the conmunication be referred to the appropriate officials of Conrail with a request that they take i~mediate action to correct any deficiencies that may exist. Carried Unanimously. No. 270 - Town of Fort Erie - Re: Future of Fort Erie Race Track. The communica- tion requests support of a resolution to the Provincial Government, asking for assistance in having the operation of the Fort Erie Race Track continue. ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobel, that the resolution be endorsed. Carried Unanimously. No. 271 - Mr. D. Hinchliffe - Re: Dynamite Explosions on Nichol's Lane. The communication requests assistance in dealing with the use of dynamite by another resident of Nichol's Lane. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that Mr. Hinchliffe be brought up to date on the investigations being carried out by Police Authorities, and that a further report be-submitted to Council once the investigations have been finalized. Carried Unanimously. No. 272 - Regional Municipality of Niagara - Re: Portage Road Bridge over NEPC Canal. The communication advises that various matters dealing with the Portage Road Bridge will be discussed at the December 6th, 1979 meeting of the Regional Public Works & Utilities Comnittee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be received and filed, and further that area residents and businesses be notified accordingly. Carried UnanimouSly. REPORTS No. 690 - Planning &.Development Committee - Re: AM-11/78'and Official Plan Amendment No. 102, Welland Securities Ltd., South Side of Welland River, East and West Sides of Stanley Avenue. The report recommends approval of the application subject to Development Control and an amendment to'the'Official Plan of the Niagara Falls Planning Area. In response to :a question raised by Alderman Puttick, Mayor Thomson advised that the block of land to be held in reserve, would be used to provide access to the large five hundred .acre parcel of land to the west of Welland Securities. The developer of those lands would purchase the reserve block at the time development will take place. The City Manager indicated that the reserve block has been appraised and under the agreement, annual increments will be made on the value of the land until it is purchased by the developer. :This transaction ,will not represent any cost to the City. In response to a further question by Alderman Puttick, the City Manager indicated that the type of servicing required would depend on the nature and extent of any future development. Although interest in the site has been expressed by various individuals, the City is not presently in receipt of any definite details on such a development. ".ORDERED on the motion of Alderman Fern, seconded by Alderman Merrett, that - the report be received and adopted. Carried Unanimously. No. 691 - Planning & Development Committee - Re: AM-32/79, City of Niagara Falls, 4582 Zimmerman Avenue (Former Police Building). The report recommends that the subject application not proceed. -5- Mr. G. Patrick was granted permission to address Council on the motion of ilderman ~cBain, seconded by Alderman Dilts. Mr. Patrick advised that he represented a group from Toronto known as Chatsworth Holdings, which has made an offer to purchase the former police building. The crier is conditional on the property being rezoned to permit a retirement home. Mr. Patrick felt there had been some misconception that an "old folks" home wss being proposed, however it was explained that there is a group of retired professional people looking for a location outside of Teronto who can afford such accommodations. This group has specifically requested Mr. Patrick's firm to find a location in Niagara Falls for such a residence, particnlarly because cf the various activities available in the area. It was proposed that the building's exterior would he restored to its natnral state, and the interior would be converted to provide for thirty-five bedrooms (two persons to a room) with dining facilities in the adjoining building. Seventy residents in the building would make it financially feasible. Mr. Patrick stated there was a definite need for this type of acconmodation as opposed to some of the depressing conditions in "old folks" homes. With respect to parking, Xr. Patrick stated that he understood arrangements can be made to lease the adjoining land owned by Conrail with the same terms provided to the City of Niagara Falls. Mr. Patrick also stated that there would be no problem due to the close proximity of the railway tracks, because the building would have double plate glass windows and the sound would not be heard. Reference was made to the recent problems in Mississauga due to a train detailmeet, ~nll br. Patrick fe!~ if this were a major concern~ th~n the City Hall, new Pollee 3uU. iling an~ everything' else in the Downtown would have to'be relocated. With r,~spect to tl.e objection by the Downtown Board of Management that the proposal would not conform to their long term plans, Mr. Patrick pointed ou~ that tb~ building had been vacant for a number of years and th~ Downto~m 3oard had not indicated any interest in the building b~fore. Mr. Patrick felt tba~ if the building were renovated and became an exclusive residence, it might encourage other individuals to npgrade that part of the City. In response to a question raised by Aldernan Iferrett, ~. 'Patrick indicated that the City had leased parking facilities behind the building fro~ Conrail and in all likelihood, similar arrangements could be made. No definite agreement had been ~de~ since the agreement of sale has not been accepted as yet. Alderman Puttick referred to a comment made by ?fr. Patrick regarding depressing old age homes, and asked if these homes were in Niagara Falls. The Alderman felt several of the senior citizens bones in Niagara Falls were some of the finest in Ontario. ~. Patrick indicated that be had visited several homes in Thorold, and found zhem to be quite depressing. The residents sit around in chairs and have nnthing to do. ~mile acco,,~odations were good, there were little or no activities planned. Mr. Patrick offered to take the Alderman to these residences so that he would understand why the comment had been made. A!~erman Fare felt the ares was not appropriate for time type of residence proposed, and suggested that Mr. Patrick: choose a note exclusive arsa of the City. Regional Councillor Mitchelson stated that the homes operated by the Region were of very high character~ and the Region had reaeivsd nothing but 1!raise for these }residences. Mayor Thomson explained that Mr. Patrick had ~een referring to several privately owned homes which were not in the City of Niagara Falls. Alderman Chessman stated that Mr. Patrick had not been referring to the cbracter or maintenance of homes, and that he had wanted to create a place where people can retire which is quite different from the atmosphere in some privately owned senior citizen homes. Following :further comment, it was moved by Alderman ~era, seconded by Alderman Ninsperger, that the report be received and adopted. r.'arried Unanimously. No. 692 -. City Clerk .- Re: AM.-26/78, ~.estricted Area ~y-law 79-136, M. Aiello, Prcpoeed Variety Store on Southwest Corner of Montrose F. lul :,lulhern. rne report advises that the Ontario Municipal Board has appointed January 11, 1.c80 at 10:00 a.m. in the City Is, all Council Chambers for the hearin5 of all parties interested in supporting or opposing the subject application. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the report be received and filed. Carried IInanimously_. -6- No. 693 - City Manager - Re: Minor Variance Application A-79/79, A. Csele, Previous Variance Applications A-2/79, A-93/78 and A-94/78. The report advises that staff have formally lodged an objection against the subject application, and requests that Council consider whether the obJection should be withdrawn. ORDERED on the motion of Alderman MacBain, seconded by Alderman Cummings, that the objection be withdrawn. Carried Unanimously. No. 694 - City Manager - Re: Provincial Report on Group Homes. The report advises that the deadline for comment to the Provincial Secretary for Social Development on a Provincial proposal to encourage group homes in residential neighbourhoods, has been extended until mid-January. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 695 - Recreation Commission - Re: Houck Park Building. The report recommends that the Greater Niagara Baseball Association be authorized to use the Mouck Park building for storage and meetings providing that all renovations are approved by the Parks Department, at no cost to the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 696 - Recreation Commission - Re: 1980 Program Priorities. The report requests that Council consider forwarding to the Commission an indication of any special assignments to be given to the Commission or staff in 1980 prior to the Commission's program and budget being established. The Recreation Director requested that any special projects that Council may wish the Commission to undertake, be referred to the Commission as soon as possible in order to include appropriate estimates in the 1980 budget. Mayor Thomson referred to one special project undertaken in 1979, the 75th Anniversary of the City, and thanked Alderman Cheesmsn, the staff of the Commission and all others involved who worked so hard to make this special event a Success. ORDERED on the motion of Alderman Herrerr, seconded by-R~'derman Hinsperger, that the report be received and adopted, and further that the appreciation of Council be extended to the 75th Anniversary Committee and staff of the Recreation Commission. Carried Unanimously. No. 697 - Finance Committee - Re: Staff Training, Correspondence and Report Writing. The report recommends that a course be scheduled early in 1980 and that an amount of $500 be included in the 1980 budget. ORDERED on the motion of Alderman MacBain, seconded by Alderman Minsperger, that the report be received and adopted. Carried Unanimously. No. 698 - City Manager - Re: 1980 Ministry of Transportation and Communications Training Courses. The report recommends that six members of staff be authorized to attend the Ministry of Transportation & Communications Courses. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 699 - City Manager - Re: Seminar on Public Information in Local Government. The report advises that arrangements have been made with the Region for Mr. J. Kirby to present a half-day seminar on December 12, 1979 on public information programmes in local gov~rmment. Several members of Council indicated an interest in attending such a seminar, however due to the scheduling of the presentation at 9:00 a.m. on a weekday, they would not be able to attend. Mayor Thomson suggeeted that after the initial session, a Saturday could be set aside for those,members of ~Council wishing to participate. ORDERED on the motion of Alderman Sobol, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. No. 700 - City Manager - Re: Metal Container - Sanitary Landfill Site. The report provides information in response to a request by Council regardin8 removal of material from the metal container placed at the Sanitary Landfill .Site. ORDERED on the motlon of Alderman Sobol, seconded by Alderman Pera, that the report be received and filed. Carried Unanimously. No. 701 - City Manager - Re= Closing of Part of Dayman Avenue. The report recommends passage of a resolution and by-laws respecting the closing and -7 - sale of part of Dayman Avenue to J.P. and M.A. Diodati. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. Carried UnanimouS3%' See Resolution No. 112 See By-laws Nos. 79-227 and 79-228 No. 702 - ~ity ~hnaJ.~__r- Re: 1979 Debt Charges. The report recormnends that the unused portion of the budgeted debt charges and costs amounting to $137,000 for 1979 be applied to our capital spending in order to further reduce any new debt to be issued in future years. The City Manager provided additional information in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. ~arr~e_d_U__n~n_~9~s~lX. No. 703 -.9_~ Manager - Re: Ryerson-Market Park Development, Phase 2. The report recommends acceptance of the tender submitted by Richard Collee Trucking for demolition of buildings in the Ryerson-Market Park area. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimo~s_~.. See Resolution No. 113 S__e~_By-law No. 79-229 No. 704 - City Manager - Re: Amendment to Fence By-law. ~e report recommends passage of a by-law to provide for the definition of front lot line and rear lot line in the Fence By-law. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimousiX. S__e~__B~-law No. 79-230 No. 705 - City Manager - Re: Loblaws Limited - "No Frills". The report recommends approval of two wall signs for the former Loblaws store at 5772 Main Street. Alderman Puttick asked if it would be possible to stipulate that the signs be painted over in the event the store closed again. A representative from Loblaws indicated that the company would be willing to consider such action should the store again close. Mayor Thomson requested that the Building and Development Co-ordinator take note of this suggestion. ORDERED on the motion of Alderman MacBain, seconded by Alderman Sobol, that the report be received and adopted. Carried UnanimouslX. No. 706 - 9tty Manager - Re: Site Plan Approval - Brockfield Apartments, 5552 Heritage Drive. The report recommends approval of the subject Site Plan as submitted. ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that the report be received and adopted. 9~rried Una_nimou~l_,v_. No. 707 - City Manager - Re: Parking on Carlton Avenue. The report recommends that parking be prohibited from the westerly side of Carlton Avenue from Lundy~s Lane 285' southerly and from the easterly side of Carlton Avenue from Lundy's Lane 135' southerly. Mayor Thomson indicated that this matter had been referred to the Projects and Services Engineer as a result of complaints by the residents following the opening of the new restaurant at the corner of Carlton and Lundyls Lane. The Mayor stated that the usual practice is to survey the residents in the area to determine their thinking. Mayor Thomson stated that this recommendation would simply keep cars from parking near the restaurant, and move the parking down towards the residential section. Alderman Puttick stated that his understanding of the recommendation was that the parking prohibitions would facilitate traffic movement from Lundy's Lane to Carlton Avenue. Mayor Thomson stated that cars are parking right down Carlton to the residential area which is an inconvenience to the residents. Mayor Thomson felt the residents should be surveyed to determine their feelings and that recommendations be prepared following the survey. Following further comment, it was moved by Alderman MacBatn, seconded by Alderman Fete, that the matter be tabled and a further repor~ prepared. Carried 'Unanimously. / . .... 8 -8- No. 708 - City Manager - Re: Parking Lot Plowing. The report recommends acceptance of various tenders for the plowing of Fire Department lots, arena parking lots and municipally owned public parking lots. ORDERED on the motion of Alderman Fera, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. See Resolution No. 11 No. 709 - City Manager - Re: Conrail Operations in Niagara Falls. The report provides information on Conrail operations in the City, particularly with regard to rail shipment of hazardous materials. ORDERED on the motion of Alderman Dilts, seconded by Alderman C-mm~ugs, that the report be received and filed. Carried Unanimously. No. 710 - City Clerk - Re: Schedule of Council Meetings in December. The report recommends the following schedule: December 3rd - Regular Council Meeting, December lOth - General Committee Session, December 17th - Regular Council Meeting, and that no further meetings be held until January 7, 1980, on the understanding a short meeting can be called should emergency items arise. ORDERED on the motion of Alderman Sobel, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. No. 711 - City Manager - Re: Driveway Depressions in the City of Niagara Falls. The report recommends adoption of a policy with respect to driveway depressions on a one year trial basis, and that the matter be reviewed at a future Council meeting. ORDERED on the motion of Alderman Fete, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 712 - City Manager - Re: One Ft. Reserve in Reg. Plan N.S. 39, Ascot Woods Subdivision. The report recommends passage of a by-law to establish Block "V" of Registered Plan N.S. 39 as a part of Post Road. ORDERED on the motion of Alderman Chessman, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. __~ See By-law No. 79-231 No. 713 - City Manager - Re: Proposed Sanitary Sewer on Mentress Road. The report recommends: 1) Passage of a by-law to authorize the construction of the subject sewer as an imprpvement to the sewage system in the Urban Service Areas of the City; 2) Passage of a revised by-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act; and 3) That the City Solicitor be authorized to prepare and present to Council the appropriate agreements between the City and residents involved. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-laws No. 79-22 and 79-222 No. 714 - City Manager - Re: Whirlpool Road Bridge over Hydro Canal. The report recommends: 1) Retention of DelCan DeLeuw Cather of Canada Ltd. to carry out phase one investigation and reimbursement for their services in accordance with the scale of fees suggested by the A.P.E.O., at an upset limit of $6,000; 2) That the City Solicitor be authorized to proceed with the necessary agreement with the consultant; 3) That the work be carried out using funds from the Eng- ineering Salaries and Wages account #11300; and 4) That consideration be given to allocating the necessary funds in the 1980 operating budget for phase two investigation and repair work on the structure. In response to a question raised by Alderman Cummings, the Director of Municipal Works stated that weather conditions will permit prgper testing and .sufficient core samples to be taken for testing. Alderman Cummings asked if this type of work was ever tendered out, and commented that there were local finns available capable of doing this type of work. The Director of Municipal Works indicated that this firm has been doing most of this type of work for the City. The only other firm he was aware of to do this type of work was Acres. It was further advised that the work~ would be carried out by the local office of this firm. .ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanin~usly. No. 715 - City Manager - Re: Lot 2, Registered Plan M-67. The report recommends approval of a request for reserve on Lot 2, Plan M-67 from Messrs. F. Joudrey 9 and S. Campbell until May 26, 1980. ORDERED on the motion of Alderman Fera, seconded by Alderman MacBain, that the report be received and adopted. Carried Unanimously. No. 716 - City Manager - Re: Lot 47, Registered Plan 243. The report recommends that Council auahorize a request for reserve from Bomdal Investments Limited on Lot 47, Registered Plan 243 until June 30, 1980, subject to :five conditions, ORDERED on the motion of Aldenaan Cu~ings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 717 .- City Clerk - Re: Consent Items. 1) Association of Municipalities of Ontario - Re: 1980 Guidelines for Municipal Bargaining. Recommendation -- For the information of Council. 2) Heart Niagara - Re: Letter of Thanks for Assistance on Fund Raising Day. Recommendation - That a copy of the letter be sent to those departments assisting in the project. 3) Mr. E. Hunter - Re: Repairs to Dunn Street at Kiwanis Village and Bus Shelter. Recommendation - That staff be requested to investigate the road condition and the request for a bus shelter be referred to the Transit Commission. 4) Octoberlest Niagara - Re: Request for Financial Assistance. Recommendation - Refer to Finance Committee. 5) Regional Municality of Niagara - Re: Market Value Assessment. Recommendation - That Council support the Regional request for implementation of market value assessment. 6) Letters from E.P. Lustig, Deputy City Solicitor - Re: Corfield Street. Recommendation .- For the information of Council. 7) Regional Municipality of Niagara - Re: Construction for Douglastown/Stevensville Waste Stabilization Facilities. Regional Municipality of Niag a - Re: Proposed Douglastow~/Stevensville ar . Regional Waste Stabilization Ponds. Recommendation - For the information of Council. 8) Regional Municipality of Niagara - Re: Pumping Stations. Recommendation - For the information of Council. 9) Bruce Trail Association - Re: Niagara Escarpment Commission's Proposed Plan. Recommendation - That the comments be referred to the Planning Director who is presently undertaking a review of the latest report on the Niagara Escarpment. Consumers' Gas - Re: Notice of Application for Phase II of Current Rate Case. Recommendation - For the information of Council. Coy, Barch - Re: Shriner's Creek Area. Recommendation - For the information of Council. Chamber of Commerce - Re: 1980 Trade Dollars. Recommendation - That the request be approved subject to the established policy on proclamations. Maple Leaf Village Old Timers - Re: Annual Tournament. Recommendation - That approval be granted subject to similar approvals being obtained from Niagara Regional Police, Niagara Falls Fire Department, the Health Unit and L.L.B.O. Mrs. A.J. McKinley - Re: Proposed A.J. McKinley Park. Reconmendation - For the information of Council. Land Division Committee - Re: Appointments for 1980 Term. Reconm~endation - For the information of Council. Regional Municipality of Niagara - Re: Allocation of 1979 Municipal Tax Dollar. Recommendation - For the information of Council. 10) n) 12) 13) 14) 15) 16) The Director of Municipal Works suggested that the letter from Mr. E. Hunter also be referred to the Regional Municipality of Niagara, since this section of Dunn Street is under that Jurisdiction. Alderman Puttick also suggested that a copy of the letter from the Association of Municipalities of Ontario be referred to the Finance Conmittee. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted, as amended. Carried Unanimously. No. 718 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer provided additional information on Cheques #2374, ~2378 and #2386 in response to questions raised by Aldermen Cummings, Puttick and Sobol. ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that the report be received and adopted. The motion Carried with Alderman Puttick abstaining ,i on Cheque #2480 on a conflict of interest, and all others voting in favour. 10 i' RESOLUTIONS No. 111 - FERA - MERRETT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-iaw No. 79-225 for the rezoning of lands south of the Welland River, on the east and west sides of Stanley Avenue, will conform to Official Plan Amendment No. 29 of the Niagara Falls Planning Area, once Amendment No. 102 has been approved by the Minister of Housing; AND ' the Seal of the Corporation be hereto affixed. Carried Unanimously No. 112 - CHEESMAN - SOBeL - RESOLVED that pursuant to subsection 4 of section 86 of The Registry Act R.S.O. 1970, Chapter 409 as amended, the Minister of Housing be requested to consent to an order being made amending the plan of subdivision registered in the Registry Office for the Registry Division of the County of Wells now Niagara South, on the 31st day of August, 1950 as Plan No. 109 for the former Township of Stamford by permanently closing that part of Dayman Avenue lying north of Vine Street as shown on the said plan; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 113 - SOBeL - CUMMINGS - RESOLVED that the tendered prices submitted by Richard Collee Trucking and Excavating Ltd., be accepted at the tendered price of $16,800.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 114 - FERA - WALLMAN - RESOLVED that the tendered prices submitted by Jim Black Trucking, Dicon Contracting Limited, SaJer Contracting Limited and Dominion Paving for plowing of fire department lots, arena parking lots and municipally owned public parking lots, be accepted at the prices quoted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the following by-law be now read a third and final time: No. 79-129.- A By-law to .raise $100,000 to aid in the construction of drainage works under The Tile Drainage Act, 1971. Carried Unanimously ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Merrett, that leave be granted to introduce the following by-law~, and the by-laws be read a first time: No. 79-229 - A By-law to authorize the execution of an agreement with Richard Collee Trucking and Excavating Ltd. for the demolition of buildings. No. 79-233 ---A By-!a~ to amend By-law No. 77-75 bainR by-.law height and description of ~aw~u~ fences~ a ~o orescribe the No. 79-231 - A By-law to estab!i~h a one foo~ reserve block as a ~ublic highway. No. 79-232 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Catalina Street and Pitton Road) No. 79-233 - A By-law to provide monies for general purposes. Carried with Alderman Puttick abstaining on Cheque #2480 of By-law 79.-233, and all others yetlug in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the following by-laws be now read a second time: No. 79-221 - A B:;-!aw to authorize the construcLion of certain works as local inprovemants under section 12 of The Local Improvement Act. No. 79-222 - A By-la;; to authorize the construction of a sanitary seuemain as an improvement to the sewage system in the Urban Service Areas of the City. (Montrosa Road.) Carried Unanimously ORDERED on the motion of Alderman Fare, seconded by Alderman Merrett, that the following by.-la'.,;s be now read a second and third time~ No. 79-223 - A By-law to authorize an option agreement with ~;el].and Securities (1964) Limited for the purchase of land for highway purposes. No. ~ ~" ,9--,.,.-~ - A By--!aw to provide for the adoption of an amendment to the Official Plan of ~he i]iagara Falls Planning Area. <No. !92 Welland Securities) No. 79-225 - A By--l.mq to amend By-law No. 395, 1966 of the foruer To~mship of Willoughby, now in the City of Niagara Falls, as amended. (AN-11/78, Welland Securities) No. 79-226 -- A By-law to ~esignate an area of land in the City of Niagara Falls as ~ site plan control area. No. 79-221 - No. 79-222 - No. 79-223 - No. 79-224 - No. 79-225 - No. 79-226- No. 79-227- No. 79-228- A By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. A By-law to authorize the construction of a sanitary sewermain as an improvement to the sewage system in the Urban Service Areas of the City. (Mentress Road) A By-law to authorize an option agreement with Welland Securities (lI Limited for the purchase of land for highway purposes. A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 102 - Welland Securiti A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-11/78, Welland Securities) A By-law to designate an area of land in the City of Niagara Falls a site plan control area. A By-law to authorize an application for the closing of part of Dayman Avenue on Registered Plan 109 for the former Township of 8tamford. A By-law to authorize an agreement with James Patrick Diodati and Mary Ann Diodati and Richard Mclntee respecting the sale of part of Dayman Avenue. ..... 11 No. 79-227 -- A By-.la7 to authorize an application :.-'or the closing of part of Da3~en ~:cenue on Registered 'Is 199 for the former To~mship of Stamford. No. 79-22S - A By-law to authorize sn agreement with James ?atricl; Diodati and liary ~.ne Diod8.tl and Richard McIntee ~:espscting the se].e 9f part of Dayman Avenue. No. 79-229 - A By-law to authorize the execution of an agreemen:z vith Pal.chard Collee Trucking and Excavating Ltd. for the demolition of buildings. No. 79-230 - A By-law to amend By-law No. 77-75 being a by-law'to prescribe the height and description of l~ful fences. No. 79-231 - A By-law to establish a one foot reserve block as a public highway. No. 79-232 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Catalina Street and Fitton Road) No. 79-233 - A By-law to provide monies for general purposes. Carried with Alderman Puttick abstaining on Chenue #2480 of By-law 79-233, and all others voting in favour. GET WELL MESSAGE - 12 - It was moved by Alderman MacBain, seconded by Alderman Merrett, that Council in formal session assembled, go on record as unanimously requesting the City Clerk to write to the Honourable Judy LaMarsh on behalf of this Council, our employees and all our residents, expressing on behalf of all, our affection and the high regard in which she is held by one and all in her native City, and offering our sincerest wish for a full recovery. Carried Unanimously. PROPOSED RETIREMENT HOME Alderman Cheesman referred to the proposal by Chatsworth Holdings to convert the former Police Building into a retirement home, which had been turned down by Council earlier in the meeting. The Alderman felt that since there is a clientele for this type of accommodation, that the City could assist the firm in finding an. alternate location. It was moved by Alderman Chessman, seconded by Alderman Orr that staff meet with Mr. Patrick'in an attempt to locate another site for a retirement home. Carried Unanimously. GAS ~ OIL PRICES Alderman Puttick referred to recent announcements regarding increased gas and fuel oil prices, and expressed concern over the effect of these increases to the average citizen. The Alderman felt that representation should be made through the various municipal organizations to the Federal Government to obtain rational and practical explanations of these increases, and their effects on citizens. Alderman Puttick expressed particular concern that these prices were being raised to fill the pockets of one Province to the detriment of all other-Canadian citizens. The City Manager suggested that the Federation of Canadian Municipalities in addition to the Association of Municipalities of Ontario could be contacted and the concerns of the City made known. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Fete, that the A.M.O. and F.C.M. be requested to suggest to the Federal Government that thers be an investigation into rising gas and oil prices, and that efforts be made to keep prices down so that one Province will not benefit at the expense of all others. Carried Unanimously. PLANNING & DEVELOPMENT COMMITTEE Alderman Fera requested that an appointment be made to replace Mr. E. Stewart on the Planning & Development Committee, since Mr. Stewart had not artended many of the Committee~s meetings. The Alderman sympathized with the fact Mr. Stewart was experiencing personal problems, however he felt the work of the Committee was important enough that it should not operate with members missing so many meetings. Mayor Thomson also expressed concern that Mr. Stewartws absences had been allowed to continue for so long, and suggested that the matter be considered at the next regular meeting of Council. It was moved by Alderman Fera, seconded by Alderman Merrett, that the matter be dealt with at the next regular meeting of Council on December 17, 1979. Carried Unanimously. FINANCE COMMITTEE Alderman MacBain announced that there would be no Finance Committee meeting during the week. PAlLKING AT NIAGARA FALLS ARENA Alderman Ctmunings advised that cars are still parking directly in front of the Niagara Falls Arena, despite efforts by the City to discourage this practice. The Alderman advised that he has watched children running out of the Arena without looking, and commented that if something was not done, a child could be seriously hurt. Alderman Cununings stated that the existing depressions in the curb are almost asking people to drive up and'park in front. Alderman Mettart indicated that this matter has been discussed at the Parking Committee, and the use of barriers had been considered. If a permanent barrier is erected, this would create a problem for snow removal crews. The - 13 - Commissionaire patrols in the area have been increased in order to stop any illegal parking. Mayor Thomson suggested that the Manager and Foreman at the Arena could be appointed by-law enforcement officers and could issue tickets. Alderman Cummings pointed out that there are many times when these employees would not be present at the Arena, such as during the public skating on weekends. Alderman Merrett also stated that such action could be a problem with the City's contract with the Conmissionaires. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Fete, that the matter be referred to staff for a report. Carried Unanimously. MESSAGE OF CONDOLENCE It was moved by Alderman Cummings, seconded by Alderman Merrett, that a message of condolence be forwarded to the family of the late Mr. Jack Sadl~r a respected member of the community. Carried Unanimously. RECOGNITION OF PROMINENT CITIZENS Alderman Cummings referred to Mr. J. Sadler who had recently passed away, and commented that he had been deeply involved in sports activities and had ' helped a great deal in developing the youth of the community. The Alderman felt the City should keep the names of such prominent citizens on record, so that parks and new facilities that are developed could be named after these individuals in recognition of their contributions to the City. It was moved by Alderman Cummings, seconded by Alderman Merrett that the names of prominent citizens and deserving individuals be kept on record for future recognition. Carried Unanimously. It was moved by Alderman Fera, seconded by Alderman Merret~, that the meeting adjourn. Carried Unanimously. MAYOR WAYNE THOMSON THIRIY-I.jINTH MEETII{G SPECIAL MEETING Council Chambers Lecember 10, 1979 Council met on Monday, December 10, 1979 at 7:30 p.m. prior to a meeting of the General Connnittee. All members of Council were present with the exception of Aldermen Orr and Puttick. 11is Worship, Mayor Thomson presided as Chairman. REPORTS No. 719 - Ci~ty 1~mnageE _ Re: River Road Entrance to Queen Street. The report recommends: 1) Passage of a by-law to authorize an agreement with Hollandia Nurseries for the construction of a gazebo and related improvements at the intersection of Queen Street and Cataract Avenue; 2) That the City Solicitor be instructed to prepare the necessary by-law amending the zoning by-law to permit these improvements; and 3) That the City Solicitor be instructed to prepare the necessary by.-law authorizing an alteration to Cataract Avenue. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Cunnnings, that the report be received and adopted. Carried Unanimously. See Resolution No~ 115 See By-law No. 79-235 No. 720 - City Manager - Re: Official Plan Amendment No. 71. The report recommends passage of a by-law to provide for corrections to Parts 11 and 55 in Official Plan ~nendment No. 71 before printing and circulation to the ~,~inistry of Housing for approval. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 79-234 No. 721 - City Manager - Re: City of Niagara Falls Restricted Area (Zoning) By-law No. 79-200. The report recommends approval of notification of the by-law through publication in the local newspaper and mailing of the newspaper insert to all non-resident owners, and in addition placement of advertisements advising residents of the City the dates on which the special insert will be placed in the newspaper. It is further recommended that special funds be provided in the 1980 budget to cover the costs incurred. Alderman ~cBain asked if every effort had been made to determine if there was any way the City could get around publishing the entire by-law in the press, such as through the use of small advertisements inviting residents to come down to City Hall and review the text and plans for the by-law. The City Clerk advised that the Ontario Municipal Board has consistently required that a municipality make every effort to notify all property owners of any changes which affect their property. It was felt that the Board would not consider the use of such advertisements to be proper notification. The City Clerk further advised that in another municipality, the Board had directed that a zoning by-law be printed and tixen mailed to all property owners which was a more expensive method than the procedure outlined in the report. When the City approached the Board concerning the method to be used, several alternatives were proposed, and the method recommended in the report was the most economical and was accepted by the Board. Alderman Sobol suggested having several copies made and posted in strategic locations throughout the City such as in libraries. The City Clerk did not feel the Board would find this method of notification acceptable. It was planned to have additional copies available for anybody who wants one. The City Clerk stressed that the Board insists that the City make every effort to see every property owner has an opportunity to peruse the by-law. Once the Municipality has followed the notification procedure approved by the Board, it cannot be said that the Municipality made no attempt to notify property owners. In response to a question raised by Alderman Cheesman, the City Clerk stated that it will cost the City approximately $22,000 to mail copies of the by-law to non-resident owners. Arrangements had also been made with the Assessment Department to have address stickers printed so that individual envelopes will not have to be prepared. The City Clerk estimated that two to three thousand property owners would be involved. il -2- Alderman Cheesman asked if it was to be assumed that everyone in the City whether they receive the local newspaper or not has been notified. The City Clerk stated that the Board was willing to accept that procedure as proper notification. Alderman Schisler expressed concern that residents in the Crowland area of the City cannot always get the local newspaper delivered. The City Clerk advised that the by-law will not affect property in Crowland or Willoughby, only the former Village of Chippawa and the City of Niagara Falls. By virtue of not affecting the rural areas, the City is not obligated to notify those residents. Alderman MacBain suggested that a further effort be made to determine if it would be possible to avoid the large printing and distribution expenditure as outlined in the report by using small advertisements in the newspaper. If the Board was not agreeable to this suggestion, then staff could proceed with the notification as outlined in the report. Following further comment, it was moved by Alderman MacBain, seconded by Alderman Hinsperger, that the City Clerk contact the Ontario Municipal Board to determine if notification of the by-law could be done through placement of small advertisements in the local newspaper, and if this procedure is not acceptable, that staff proceed with the notification as' outlined in the report. Carried Unanimously. RESOLUTION No. 115 - MERRETT - CUMMINGS - RESOLVED that the tender submitted by Hollandia Nurseries for the construction of a gazebo and related improvements at the intersection of Queen Street and Cataract Avenue, be accepted at the quoted price of $18,638.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-234 - A By-law to amend By-law No. 79-199, being a by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Fails Planning Area. (Corrections to Official Plan Amendment No. 71~ No. 79-235 - A By-law to authorize an agreement with Nieuwesteeg Nurseries Limited (Hollandia Nurseries). Carried Unanimously ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 79-234 - A By-law to amend By-law No. 79-199, being a by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Corrections to Official Plan Amendment No'. 712 No. 79-235 - A By-law tO'authorize an agreement with Nieuwesteeg Nurseries Limited (Hollandia Nurseries). Carried Unanimously It was moved by Alderman Merrett, seconded by Alderman Dilts, that the meetins ad]ourn to General Committee Session.' Carried Unanimously. READ ANDADOPTED, MAYOR WAYNE THOMSON fORTIETH MEETING Committee Room #1 December 17th, 1979 COMMITTEE OF THE WHOLE Council met on Monday, December 17th, 1979 at 6:15 p.m. All members of Council were present with the exception of Alderman Fera. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND/U)OPTED, .L. COLLINSON, CITY MAYOR WAYNE THOMSON REG Council Chambers December 17th, 1979 Council met on Monday, December 17th, 1979 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick referred to an item he had brought up under New Business at the last regular meeting regarding the price increases for gas and oil, and asked if any information had been obtained from the Association of Municipalities of Ontario or the Canadian Federation of Municipalities. The City Clerk indicated that he had been in contact with the A.M.O., and had hoped information would have been available for the meeting. Once the information was obtained, it would be brought to the attention of Council. PRESENTATION Alderman Cheesman advised that a plaque had been presented by the Niagara German-Canadian Club to the City several weeks previously, in recognition of the City's 75th Anniversary. Since the Club was celebrating its 45th Anniversary, it was felt appropriate that the City and the Club exchange plaques. The Alderman requested that Council accept the plaque with thanks from the Niagara German- Canadian Club and that it be kept on display in the City Hall. UNFINISHED BUSINESS MARISA SUBDIVISION, 26T-25434, LETTER FROM P. GRANDONI Report No. 722 - Planning & Development Committee - The report recommends that the letter from Mr. P. Grandoni objecting to the registration and approval of the subject subdivision, be received and filed, and further that Mr. Grandoni be notified when the subdivision is to be considered. The Planning Director provided additional information in response to a question raised by Alderman Schisler. ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. SHERATON-FOXIiEAD HOTEL PARKING Report No. 723 - City Manager - The report recommends passage of a by-law to authorize an agreement with}~pls Leaf Village Investments Inc. respecting parking at the Sheraton-Foxhead Hotel. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report bc received and adopted. Carried Unanimously. See By-law No. 79-236 SHRINER'S CREEK PROJECT - EXPROPRIATION BY THE NIAGARA PENINSULA CONSERVATION AUTHORITY OF LANDS OF COIfl~ILL INVESTMENTS LIMITED - REPORT OF INQUIRY OFFICER UNDER SECTION 7 OF THE EXPROPRIATIONS ACT Report No. 724 - City Manager - The report recommends that Council reaffirm its support of the subject expropriation and that a copy of the report be forwarded to the Niagara Peninsula Conservation Authority. Alderman Puttick stated that he was somewhat surprised to learn that the Authority had attended the expropriation hearing without any representation from the City, even though this is the practice. The Alderman also referred to the statement in the Report of the Inquiry Officer that Cornwill Investments had not been sought out at the time of the study, and commented that he thought the firm had been aware of what was going on with the project. Alderman Puttick also noted that Cornwill had offered the lands required for the project to the City if their property were included in the Urban Area Boundaries. The Alderman felt the City should support Cornwill in its attempts to have its lands included in the Urban Area Boundaries, in order to~avoid the expropriation. The Deputy City Solicitor advised that with respect to representation at th5 hearing, the City has no standing under the Expropriations Act. The only parties that can be represented are the expropriating authority, in this case the Conservation Authority and its lawyer, and secondly, the owner, being Cornwill Investments and its lawyer. With respect to supporting Cornwill Investments in their application for inclusion in the Urban Area Boundaries, the Deputy City Solicitor advised that Council considered a letter from Cornwill Investments some time ago in which it was requested that Council indicate its support or approval of Cornwill's application to the Cabinet of an appeal from the Ontario Municipal Board decision which excluded these lands. At that time, Council did not support Cornwill's application. The Deputy City Solicitor also stated that to his knowledge, at no time had Cornwill ever indicated it would donate the necessary lands to the City free of charge. Cornwill had indicated it would be prepared to be more reasonable if the City supported the application to the Cabinet for inclusion of the lands in the Urban Area Boundaries, however there was never any statement made that the lands would be give' free of charge. Mayor Thomson was critical of the statements made by Cornwill Investments during the hearing, and stated that the firmwas well aware of the City's intentions and had constantly put up stumbling blocks. There was never any indication given that the lands would be donated to the City. Even after the hearing there was no indication given that the lands would be donated at no cost. Alderman Puttick suggested that staff should contact the developer and determine whether or not the offer to donate the land was factual. Mayor Thomson stated that Mr. Nero had visited his office recently and had indicated that he would approach Mr. Lebovic about selling the necessary lands to the City. The Mayor advised that at that time, he had told Mr. Nero that the City was not interested in buying the lands since 'the Authority would be expropriattng. Alderman Puttick suggested that the Minister of Natural Resources might not approve the expropriation iu view of the Inquiry Officer's report. Mayor Thomson pointed out that a great deal of money has been expended by the City, developers and the Conservation Authority in land acquisition, and he could not see the Minister not approving the expropriation at this time. Alderman Cheesman suggested that even though the City has no standing in the hearings, that it 'might be worthwhile to have the Legal Department brief the Authority so 'that it can respond to some of the questionabl~ statements made previously. The Deputy City Solicitor stated that the solicitors for the Authority were well briefed on the background of the matter since both the City and the Authority were Joined in an action for an injunction by Cornwill which runs parallel to the hearing. In responding to the application for inJunc the solicitors for the Authority became well acquainted with the background to t' matter and prepared a defence in concert with the City*s defence. Cross-examine tions have been held on the affidavits filed on these matters. Alderman Cheesman asked if there was anything legally preventing the City 'from making presentation to the Ministry on the history of the matter. Mayor Thomson stated that every step necessary will be taken to ensure the Minister is well aware of the Cityve position. The Mayor further stated that the key to the matter, is that the City is looking for a solution to its existing and future storm drainage problems. It has always been emphasized that there are problems existing at the present time, and to .say the project is premature as a - 3 - drainage scheme, is coming from someone not fully aware of the facts. Following further conment, it was moved by Alderman MacBain, seconded by Alderman Sobel, that the report be received and adopted. Carried Unanimously. GLENVIEW PARK Report No. 725 - City Manage_r - The report recommends that Council support the land exchange witK Spirjnello and Iseppon as indicated in their letter of September 20th, 1979, and further that Spironello and Iseppon Investments Limited be notified that such an exchange of land would be conditional upon rezoning approval. Mr. F. Gorgonio was granted permission to address Council on the motion of Alderman Hinsperger, seconded by Alderman Orr. Mr. Gorgonio stated that one of the reasons given for the exchange was to provide a soccer field for the children of the Glenview Area. Mr. Gorgonio pointed out that during the last few years, both the separate school and the public school in the Glenview area have closed due to lack of enrollment. It was felt this was an indication that there are very few children living in the Glenview area, and in fact, Mr. Gorgonio stated that the large part of this areals population is made up of retired people. Mr. Gorgonio stated that at present, the residents of Glenview enjoy an unobstructed view of the gorge, and are free of vehicle noise and exhaust pollution. If the motel is extended and a car park built, Mr. Gorgonio felt the comfort and tranquili~y of the residents would be destroyed. With respect to the ereposed berm to be built between the proposed motel and the homes'of the residents of Glenview to prevent vehicle access to the area, Mr. Gorgonio felt that there would be no guarantee that entrance and exit privileges would not be given to the motel allowing guests to have the primary use of Leader Lane and Hickson Avenue. In summary, Mr. Gorgonio felt the proposed exchange would not have a good effect for the people of Glenview. Mr. H. Martin was granted permission to address Council on the motion of Alderman Dilts, seconded by Alderman err. Mr. Martin stated that park land, once established, should remain so forever. The people using the park and residents of the immediate area will be denied the exceptional view of the gorge now existing by any development in the park. Property values i~ the area will be reduced by the motel expansion through encroachment of the motel property. Mr. Martin disputed the statement that the exchange would be on a one to one basis, stating that the land the developer would acquire was worth considerably more as a motel site because of the excellent gorge view. With respect to the soccer field, Mr. ~rtin stated that no one in Glenview has requested a soccer field, and that this proposal was merely a plum being offered to sweeten an otherwise sour deal. At the first area meeting, all residents were not notified, and at the second meeting, only those invited to the first received notification. Mr. Martin stated that none of the residents were notified that the matter was to be discussed by Council, and that he had become aware of this fact when the Mayor had acknowledged receipt of the original letter of objection. In response to a question raised by Alderman Schisler, Mr. Martin stated that the developers had shown diagrams indicating that only a small piece of ].and would be required for the motel, the rest would be for parking. If the exchange is not approved~ the motel would be expanded on the existing property and underground parking would be used. In response to a question raised by Alderman Fera, the Director of Recreation stated that the separate school grounds had been used for a soccer field. When the Separate School Board had notified the City of the availability of this former school site property, staff had approached the Board with a view to purchasing a portion of the site. The Board wished to sell the property in total, and when the school site was subsequently sold, the use of the soccer field was lost. Alderman Puttick in quoting the report, asked how the exchange could be considered beneficial to the City when so many people were opposed. The Alderman also felt the soccer field would not be used by people more than six blocks away. The Director of Recreation stated that at the public meetings, there were persons in favour of the exchange so that additional lands could be provided for a soccer field. The Director pointed out that if the developer were to acquire and develop the property, there would be taxes paid on the additional property, in addition to the provision of a soccer field, and this would benefit all parties. Alderman Cu~nnings asked if the demand for a soccer field still existed since there were not as many children in the area any longer. The Director of Recreation pointed out that the soccer and softball playing fields are for all -4- ages. It was also pointed out that the Glenview area is bounded by the railway, the River, industrial and commercial lands, and a park with proper facilities is considered necessary. In response to a question raised by Alderman Merrett, the Planning Director stated that without knowing all of the background of the matter, he felt the proposal appeared to be harmless enough. If the recreational need was not proven, the Planning Director felt that Council should weigh the merits of the proposal against any injury to the residents. Mr. A. Iseppon was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Sobol. Mr. Iseppon stated that the intent of the proposal would be that development of the building would be in the same location where existing buildings are now located. Some sections of the motel are outdated and require renovation or replacement. Mr. Iseppon advised that the extension would not bring the motel substantially closer to any of the existing single family residences, and that part of the triangular piece of land would be excavated to the level of the motel with a berm constructed between Leader Lane and the development. The property would be excavated to such a level and the harms constructed to such a height that the development would be virtually invisible and would be used for parking cars. In response to a question raised by Alderman Chessman. Mr. Iseppon stated that his firm would construct two more floors than the motel has;at present, involving a rise of approximately 16 ft. There would be very little change in the vista presented to the majority of area residents, with the possible exception of those people living directly at the base of Hickson. Mr. Iseppon stated that there is a proposal to the Planning Department to improve the area at the end of Hickson, so there would be no foreign visual impact to the residents. The parking area would be excavated to a point where it would be practically invisible to any point in the neighbourhood. Alderman Hinsperger felt that since 'sO many residents were objecting to the exchange, the report should be received and filed. Alderman Chessman suggested the possibility of dealing with the matter in some committee arrangement with members of the community and that elevation plans be prepared for the development so that a decision can be made based on that information, rather than the residents and Council having no precise understanding of what is.proposed. Alderman Hinsperger asked if this proposal is approved, whether there would be anything to stop the developer at some future date. from blocking off the view of the gorge to the residents. The Planning Director stated that such a provision would be a specific condition on the rezon~ng as to the number of units. It would be a site plan condition which would prevent access from Leader Lane and impose height limitations. In response to a question raised by Alderman Puttick, Mr. Iseppon stated that his firm did not own the land, however there is an agreement of purchase subject to rezoning and the exchange of land with the City. '.Alderman Puttick indicated that he was not surprised that the developer did not own the lands. The Alderman stated that he couldn't see the developer going to all the trouble to develop the lands, particularly in view of high interest rates. The Alderman stated that if the rezoning is approved, the developer could sell the property to someone else and make a profit in the future. Alderman Puttick commented that the City did not need another motel, and that the developer should not be allowed to build in an area where existing residents would be disturbed. Mr. Iseppon stated that his flrmwas within its rights in requesting a rezoning and also to sell the property in the future, if so desired. Mr. Iseppo indicated that if the property was sold, he hoped to make a profit on the sale. With respect to the comment that the City did not require more motels, Mr. Iseppon pointed out that the tax structure of the City is dependent on the number of motels in existence and the'City would miss the revenue generated by the motels. As far as the location of the motel, Mr. Iseppon commented that he could not think of a more logical location for a motel than River Road, which is one of the most highly used tourist arterial roads in the City. With :~espeat to dtstur. bing residents, M~. Iseppon stated that his firm had gone to great lengths in designing the buildings and facilities so that their customers would not be involved with the residents, even by a footpath. The entire development would be separated from the residential.area by a fence. In reponse to a question raised by Alderman 8obol, Mr, Iseppon stated that if the exchange is not approved, the motel would have to expand on the existing site. There would have to be a major excavation into the hillside and walls would b~"constructed which would present a foreign visual impact to the publiC. -5- Alderman Cheesman suggested that the matter be referred to the Planning Department and the Planning & Development Committee in order to allow an opportunity for the public to examine the plans of the proposal in detail. The Planning Director felt there would be a duplication of meetings if the matter is referred to the Planning & Development Committee, and suggested that Council could deal with the proposal in detail on one of the General Committee sessions in thenear future. It was felt that the controversy was not the planning aspects of the proposal so much as the sale of park land. Unless a zoning amendment application is to be reviewed, the Planning Director felt it would be more appropriate to review the matter during a Council Committee session. Alderman Merrett agreed and suggested that Planning Department staff could provide input based on the material presented. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Hinsperger, that the matter be placed on the agenda early in January of a General Committee session, with prior notice to the objectors, and that the developers be requested to make a full visual presentation at that time. Carried Unanimously. RIVER ROAD ENTRANCE TO QUEEN STREET Report No. 726 - City Manager - The report recommends passage of by-laws respecting the construction and erection of a gazebo and related improvements at or near the - intersection of Queen Street, Cataract Avenue and River Road. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. STANDARDS OF PERFORMANCE - OFFICE OF THE CITY I~tNAGER Report No. 727 - City Clerk -- The report provides information on the procedure initiated to minimize any delays in furnishing reports to Council and to provide interim reports where final recommendations cannot be made within a predetermined time period. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. NOTE: Alderman Hinsperger was absent when the vote was taken on this matter. Report No. 728 - Alderman W.A. Hinsperger - The report outlines certain suggestions to be implemented under the standards of performance for the Office of the City Manager, as recommended by the Performance Evaluation Workin~ Group. ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. NOTE: Alderman Hinsperger was absent when the vote was taken on this matter. COMMUNICATIONS No~ 273 - Mrs. J. Macearthy - Re: Sidewalks on Drummond Road. The communication requests the addition of the section of sidewalk on the east side of Drummond Road over the HEPC Canal to the sidewalk snow removal program. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the request be approved. Carried Unanimously. NOTE: Alderman Hinsperger was absent when the vote was taken on this matter. No. 274 - Mr. E. Sherat - Re: Improvements to Oakes Park Running Track. The communication requests additional lighting on the west and north sides of the running track, and snow removal on the two inside lanes. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the communication be referred to the Recreation Commission and staff for preparation of a report with particular emphasis on possible costs of implementing the suggestions. Carried Unanimously. NOTE: Alderman Hinsperger was absent when the vote was taken on this matter. No. 275 - Mrs. E. Culp - Re: 4757 Simcoe Street. The communication requests that the City consider re-selling the subject property back to the owner. -6- Mayor Thomson provided additional information in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that th communication be referred to staff for the preparation of a report. Carried Unanimously. No. 276 - Niagara Resort & Tourist Association - Re: Street Name Change - Portage Road. The communication requests that Portage Road between Main Street and Sakes Drive be re-named to Main Street. ORDERED on the motion of Alderman Merrett, seconded by Alderman Wallman, that the communication be referred to the Street Name Committee with the request for a report within thirty days. Carried Unanimously. No. 277 - Hope Fellowship Baptist Church - Re: Proposed Church Site. The communication expresses appreciation for the co-operation of City Council in fezsuing of the proposed church site. ORDERED on the motion of Alderman Fern, seconded by Alderman Schisler, that the communication be received and filed. Carried Unanimously. REPORTS No. 729 - Planning & Development Committee - Re:.AM-20/79, L. J. Fitzpatrick Rehearing, 4189 Drpmmond Road. The report recommends denial of the subject application. Mr. D. Sullivan, solicitor for the applicant, was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Hinsperge Mr. Sullivan stated that Mr. Fitzpatrick lives on the west side of Drummond Road which is zoned residential and is zoned residential and designated low density multi-family residential in the Official Plan. The east side of Dr,,mmond Road is zoned commercial. Mr. Sullivan explained that his client operated a television repair business with the majority of the work carried out in a mobile home on the property, with the major customers being hotels and motels. During the off-season, he requires the additional income from servicing some sets at home. The present by-law only permits druggists and medical pra~'Titioners to carry on businesses in their residences. Under the new zoning by-law, it is required that the business be carried on in the premises, while Mr. Fitzpatrick has his in the garage. Also, no sign is permitted and Mr. Fitzpatrick would like to have a small sign. With respect to sales, Mr. Sullivan explained that in repairing televisions, it is necessary to carry parts incidental to repairs. It now appeared that many of the residents would be content with the change in zoning which would permit him to carry on electrical service repair with some incidental sales, but no outside change in the building, storage of materials or employees. FAr. Sullivan stated that a petition has bee~ submitted by thirty-six persons within three to four hundred feet of the application who have no objection to the proposal. It was suggested that a sunset provision could be inserted in the by-law so that the zoning would only apply while Mr. Fitzpatrick occupied the premises. In this way, residents would not have to be concerned over future development if the property were sold. As far as complaints concern: radio and television interference were concerned, Mr. Sullivan stated that FAr. Fitzpatrick has+ received a clean bill of health from the appropriate authorities that no interference was being caused by his business. In response to a question raised hy Alderman Puttick, Mr. Sullivan stated that Mr. Fitzpatrt( had Owned the-property for four or five years and that he had been aware of the zoning when the property ~as purchased. In response to a question raised by Alderman Hinsperger, the Deputy City Solicitor indicated that provision could be made in the by-law to limit the use for a particular period of time. It was also advised that this could be considered setting a precedent if such a provision were granted. Mr. W. Amadio was granted permission to address Council on the motion of Alderman Hinsperger, seconded by Alderman Orr. Mr. Amadio commented that the suggestion of a sunset provision Just confuses the issue. With respect to the petition in fayour of the proposal, Mr. Amadio connested that many of the names on that petition are those of people living on the east side of Drummond Road and on other streets, and their opinions of those residents was irrelevant. ~r. Amadio also advised that he had a petition to submit from persons who were asking that their names be withdrawn from the petition supporting the zerosing. While he had resided in the area for seven year8~ M~. Amadio stated that the majority of the residents who would be affected by the rezoning, had lived there for a much longer period of time. These.people were more or less retired, elderly people who take good care of their premises and.have a high degree of -7- pride in the condition of their yards and homes. Mr. Amadio stated that Mr. Fitzpatrick was not new in his trips to the Planning & Development Committee, and reviewed some of the past applications made on this same property. In relating the history of 'the area, Mr. ~tn~adio advised that prior to zoning by-laws, the area was developed for residential use. When the first zoning by-law was passed the land was zoned residential. When the City adopted its Official Plan, it designated these lands residential. In 1979, the comprehensive zoning by-law zones the property as residential. Mr. ~nadio stated that sound planning practice has dictated that these lands remain residential. The fact the area across the street is zoned co~aercial only underlines that proposition. Mr. Amadio stated that the Official Flan allows Council to pass By-laws for persooal service shops, and a personal service shop is something for use of the neighbour- hood, such as a barber shop. Mr. !ur.a~io felt that 1.fr. Fitzpatrick wanted a service shop to service the norzk end of the Cizy, not zhe neighbourhood around him. It was also felt that the needs of the neighbourhood could be met through the connnercial zoning, not spot zoning. !.k'. ~adio stated that if Mr. Fitzpatrick is not prepared to operate his business under the restrictions set do~m for a personal service shop, he should locate his business in another area. Mr. Amadio felt it was more equitable for long residents not to have to put up with such a use, rather than to move out themselves. Mr. Amadio stated that he personally ~as opposed to the rezoning because of noise problems. Mrs. Tiplin was granted permission to addrcss Council on the motion of Alderman Hinsperger, seconded by Alderman Cheesman. Mrs. Tiplin stated that the reasons outlined in her letter of objection of September 5th were unchanged. She expressed her objection to spot development in the City, an6 pointed out that the City had gone to great expense to provide commercial and industrial areas for development, and yet did not limit development to those areas. }irs. Miller was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Eerrett. Mrs. Miller stated that when she had purchased her home in 1958, she had been advised that ~e area was zoned residential for single family homes. Mrs. Hiller also expressed concern over the use of buffer zones as proposed by the applicant. Alderman Puttick consented that once a single application was approved in this area, Councils of the future would lean towards the granting of other commercial rezonings. Alderman Merrett stated that many times people come to City Hall with an idea of trying to do something with their property. I~en they approach the Planning & Development Committee, occasionally they do not understand the procedures to be followed and the ramifications involved. The ~derman felt in the case of the subject application, this had been the case, and that Mr. Fitzpatrick was only trying to make a living. Following further discussion, it was moved by A!dernmn Puttick, seconded by Alderman l{acBain, that the report be received and adopted, and the application denied. ~e motion Carried with Alderman Nerrett voting contrary, and all others voting in layout. No. 730 .- Planning & Development Committee - Re: AM--22/79, Kenmore Holdings (Niagara) Lots 16, 17, 18 and 19, Proposed Kingsview' Subdivision. The report recommends approval of the application and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. Mrs. L. Savage was granted permission to address Council on the motion of Alderman Herrerr, seconded by Alderman Sobol. Mrs. Savage expressed her concern over the proposed road pattern of the subdivision and the possibility of future development. Mrs. Savage asked if this application is approved, if that meant other two family dwellings can be built on the property. Mayor Thomson explained that the application dealt strictly with Lots 16, 17, 18 and 19 which will be changed to two-family, and that if further lots are to have two-family dwellings, further rezonings would be required. Mrs. Savage asked why no subdivision map was posted in the area. ~yor Thomson explained that the policy making posting of such signs mandatory, was uot adopted uetil recently, while the proposed plan .of subdivision had been in the planning stages for some time. Mrs. Savage also expressed concern over the future of the creative theme park in the area if further development is permitted. Following farther discussion, it was moved by Alde.,lan Fern, seconded by Alderman Dilt8, that the report be received and adopted. Carried Unanimously. See Resoletion No. 116 ~ By-law No. 79-239 8 No. 731 - Planning & Development Committee - Re: AM-26/79, D. & J. Cournoyea, 3456 Portage Road. The report recommends approval of the application and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing. ~L~yor Thomson stated that he had visited the site of the proposed rezoning, and had become concerned that the exit of the property would be directly at the intersection of St. Paul and Portage. The Region had been asked to comment further, since Regional Roads were involved, and the Mayor provided a copy of the letter outlining the Region's concerns. According to the letter, the Region feels that because of the narrow frontage and proximity to the signalized intersection, the site was unsuitable for an individual commercial establishment, particularly one with a high vehicle turn over. The Region was also concerned that the lot was too narrow to permit double bay parking and a driveway to the rear, which could be a problem with the building setback and parking arrangements The Region indicated that if the proposal was for a dry cleaning plant rather than a dry cleaning establishment, they would be prepared to approve the application. Mr. N. Young, solicitor for the applicant, was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Merrett. Mr. Young stated that the application was not for a dry cleaning plant, and that he had instructions to withdraw any application of that kind. If dry cleaning was not ~ermitted, Mr. Young stated that his client would prefer to have a general commercialzbning. Mayor Thomson stated that this would not solve the problem, since ingress and egress at the signalized intersection were the main concerns. Mr. Young pointed out that the entire area is commercial, and that any commercial property would create ingress and egress problems. In response to a question raised by Alderman Sobol, Mr. Young indicated that he did not know what type of business could be establishedthat would not attract traffic. Alderman Sobol pointed out that a dry cleaning store involves a great deal of traffic with people coming in every few minutes to pick up clothing. Mr. Young did-~et feel there would be people coming in with that rapidity with a dry cleaning store. Alderman Merrett advised that Council was not disagreeing that a commercial use would not he proper, 9nly that the proposal would create traffic problems. Mr. D. Marineill, solicitor for Leslie Investments Ltd., was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Cummings. Mr. Marineill stated his client, owner of the Stamford Green Plaza, objected to the application on the basis o~ traffic congestion. Tenants of the plaza have experienced difficulty in exiting from the plaza, particularly on left turns. Mr. Marineill pointed out that the entrance to the subject site was only fifty ft. from the stop light, and it would only require two or three cars stopped at the signal to cause problems with left turns. With the subject parcel being almost directly'at the point of the signal light, Mr. Marlnell! felt that only one car stopped at the signal would cause difficulty. Mr. Marineill also stated that people pick updry cleaned clothing during peak traffic hours, a time when congestion was at its worst. Mr. Marineill offered to attend a meeting, if one could be arranged prior to Council making a decision, to determine what could be done with the site feasibl) Mayor Thomson suggested that the proper way to handle the matter might be to defer action until the next regular meeting, and in the meantime obtain the comments of the Region. The Planning Director offered to get comments from the Site Planning Technical group in order to have all the technical input required. Mr. Young stated that no site plan of the proposal had beensubmitted, since the existing building was to be torn down and a new one erected to comply with the provisions of the by-law, based on a general commercial zoning. Following further discussion, it was moved by Alderman Cheesman, seconded by Alderman Orr, that the matter be tabled pending further'comment,from the Regional Municipality of Niagara. Carried Unanimously. No. 732 - planning & Development Committee - Rez AM-27/79, N.P.H.B. Land Development Ltd., Ascot Woods Extension #1, 26T-75052. The report recomends approval of the application and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing. ORDBMD on the motion of Alderman Fete, seconded bF Alderman Hinsperger, that. the report be received and adopted. Carried Unanimously. See Resolution No. ~_B~-Zq~No. 7~~24 -9- ~'o. 733 - City Clerk -- Re: tU-I-15/78, Objections to Zoning Am, endment By-law No. 79-209, Town of Fort Erie. The report advises that as a result of circulating the subject by-law, four letters of objection and a petition bearing forty-eight signatures in objection have been received. ORDERED on the motion of Alderman Cheesman, seconded by Alderman ScLisler, that the objections be referred to the Ontario Municipal Board. Carried Unanimously. No. 734 -- City Clerk .- Re: ~i-25/79, Objections to Zoning Am, endment By-law NO. 79-194, Kobert ~. Cushing. The report advises that as a result of circulating the subject ~y--law, two letters of objections have been received. ORDEI~D on the motion of Alderman Fera, seconded by Alderman l~insperger, that the objections be referred to the Ontario ~unicipal Board. Carried Unanimously. No. 735 -- City l~nager -- Re: Purchase of Fire Department Pumper. The report recommends acceptance of the tender submitted by Pierreville 7ire Trucking Ltd. for supply of a 1,050 gallon Class "A" Single Stage Fire Pumper. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the report be received and adopted. Carried ~animousi~. See Resolution No. 118 No. 736 - City Manager - Re: Nabisco Parking Lot Lighting. The report advises that onstreet 2ighting adjacent to the subject lot has been improved and that Niagara Falls Rydro is in the process of improving the lighting fixtures on the lot itself, to correct existing low lighting levels. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 737 - City Manager - Re: 1979 Water Budget Account #32008 and #32100. The report advises of overspending on the subject accounts, but that other activities have been partly curtailed to further compensate for any additional expenses on the already exhausted account. Additional time and material work is currently being done ca contract work which will further ease aDy additional over-expenditure. The Director of Municipal Works provided additional information in response to a question raised by Mayor Thomson. ClYDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimously. No. 738 - Ci_t~ Mana~_~_r- Re: Interest on 1979 Tax Arrears. The report recommends passage of a by-law to increase the rate of interest on 1979 tax arrears to 1¼%. Alderman Schisler stated that he had received complaints about the methods now being used by the City to collect arrears. The Alderman asked at what point are overdue taxes considered arrears. ~yor Thomson stated that after the first interim bill, taxes are considered in arrears if no payment is made. Alderman Schisler felt that taxes became arrears at the end of the year if no payments had been made, and that the City should not send letters threatening court action. The Alderman stated that the taxes owing were 1979 taxes, and that the City could not touch a person unless the taxes were three years in arrears. P~yor Thomson pointed out that the new procedure was the subject of a report recently approved by Council. The City Ireasurer explained that when any tax insraiment was overdue, the City had the right to collect in any way possible, and that this procedure had been presented to Council on the recommendation of the Finance Committee. The procedure involved a series of letters designed to go after those persons who have arrears outstanding from 1978 and beyond. According to the Municipal Act, the 6ity can demand payment within fourteen days of the mailing date of the bill. Alderman Schisler stated that the 1978 taxes ~ere completely paid on November 23 in one situation, and the 1979 taxes partially paid with $100. The Alderman advised that the person in question was an average householder, and it was her business why she could not pay her taxes. The Alderman also questioned why there are registration proceedings, if the City is going to threaten court action prior to three years. The City Treasurer stated that registration is a last resort used, and is not intended to allow residents three years of grace to pay their taxes. Alderman Schisler agreed that taxes shoold be paid, but felt that the letters being used took the wrong attitude by threatening court action. Mayor Thomson again pointed out that Council had approved the procedure and that staff shouldnot be criticized. The Mayor also suggested that it might he - 10 - advisable to have the Finance Committee review the contents of the letters being mailed to property owners. The City Treasurer also advised that these letters are only sent out when friendly reminders have met with no success. Alderman Merrett commented that it is finally hitting home that the City is very serious about collecting taxes. The Alderman also stated that owners are given lots of notice that taxes are due, and that the City cannot tell its creditors that more time is required to meet financial obligations. Mayor Thomson felt that people should not be given the idea they can let their taxes go for three years before serious action will be taken by the City. Following further discussion, it was moved by Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. It was then moved by Alderman Merrett, seconded by Alderman Rinsperger, that the procedure used in collection of tax arrears be referred to the Finance Committee for review. Carried Unanimously. No. 739 - City Manager - Re: Establishing Reserves to Complete Projects Budgeted for in 1979. The report recommends passage of a resolution to establish reserve accounts for projects budgeted for but not completed in 1979. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See Resolution No. 11 No. 740 - City Manager - Re: Registered Property 77-2, Daniel, Roger and Yvette, Pt. Lot 220 and 219, Plan 32, Hickson Street. The report recommends, subject to approval of the Ministry of Intergovernmental Affairs, that the subject property be conveyed by the City to the former owner. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that.the report be received and adopted. Carried Unanimously. ~ See By-law No. 79-24Z No. 741 - City Manager - Re: Resale of Land - Belmont Avenue. The report recommends the. resale of the subject land to Mr. M. Christopher for $4,500 which is equal to the unpaid ta~es on the property for the years 1964 to 1979 inclusive. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. See By-law No. 79-24~ No. 742 - City Manager - Re: Ontario Good Roads Association Annual Conference. The report recommends the attendance of three members of Municipal Works, one member of Council at the entire conference, and that as many members of Council as possible attend the one day seminar for Councillors on February 25, 1980. The conference is to be held in Toronto from February 25 - 27, 1980. Mayor Thomson indicated that he would like permission to attend the conference, particularly to see the new officers of the Association installed. ORDERED on the motion of Alderman MacBain, seconded by Alderman Minsperger, that the report be received and adopted, and further that Alderman Puttick and Mayor Thomson be authorized to attend the conference. Carried Unanimously. No. 743 - City Manager - Re: Subdivision Development in Registered Plans 16 and 11 in the former Village of Chippawn. The report recommends that the Director of Municipal Works be authorized to engage the consulting engineering firm of R.V. Anderson Associates to undertake the necessary engineering work for the Servicing of these lands. In response to a question raised by Alderman Hinsperger, the Director of Municipal Works explained that these plans of subdivision are located on the south aide of Cattell Drive to the east of Ares Court. Mr. J. Kaufman of Kenmore Construction referred to a recommendation made in the 1979 Report on Investigation of Basement Flooding Complaints, that the remaining portions of the subject plans be deemed, and expressed his concern that deeming would make the land worthless by de-registering the plans. Mayor Thomson explained that deeming is only necessary to go through the channel of re-negotiating the subdividere agreement to provide for servicing. ..... ll - 11 - ~lderman Schisler referred to the recomnendztion in the 1979 Report on Investigation of Easement Flooding Complaints. that no further development in the drainage area of the undersized sanitary sewers should be perr.~itted until a suitable outlet is made available, and felt that Council should stick to this original recommendation. Alderman MacBain expressed dissatisfaction with the preparation of the report and hoped that the course on report writing will r. ake futere reports more understandable. Following further comn~ent, it was moved by Alde~an Schisler, seconded by Alderman Sobol, that no further devetcpment'in tke drainage area of the undersized sanitary sewers be permitted until a suitable outlet is made available. The motion Carried with the following vote: .~YE: Aldermen Cheesman, Cammings, Dilts, Fern, Orr, Puttick, Scbisler, Sobol and Wallman. NAYE: Aldermen Hinsperger~ MacBain and Merrett. No. 744 - City Manager - Re: Coronation Recreation Centre. The report provides information on the status of financing on the Coronation Recreation Centre. ORDERED on the motion of Alderman Orr, seconded by Aldem~an MacBain, that the report be received and filed. Carried Unanimously. No. 745 - City Fmnager - Re: Proposed Kingsview Subdivision. The report recommends that Council approve a one year extension on the draft plan approvai and that the Subdivisions Branch of the Ministry of Housing be notified accordingly. The report further reconnnends that staff be directed to consider a policy with respect to the number of extensions granted or the maximum time limit for such extensions. Mayor Thomson stated that construction of storm sewers on Merrett was being held up because of the delays involved in developing the subdivision, and that he was receiving complaints regularly from area residents concerning the condition of the roadways. ·Alderman MmcBain suggested that Council could advise the developer that no further extensions will be granted,· Mayor Thomson felt that Council should wait until the proposed policy is presented which would set a limit on the number of extensions or maximum time limits for extensions. ORDERED on the motion of Alderman MacBain, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 746 - City Manager - Re: Falls Industrial Park Extension. The report recommends that Council approve a request for reserve of Lot 25 in the Falls Industrial Park Extension to Mr. A. Hooper of Niagara Industrial Instruments until June 4, 1980, and that City officials be authorized to process this reserve. ORDERED on the motion of Alderman Schisler, seconded by ~lderman Merrett, that the report be received and adopted. Carried Unanimously. No. 747 - City Manager - Re: Appointments to Boards, Commissions and Committees. The report advises of the appointments to expire at the end of 1979, and requests direction of Council in the filling of the resulting vacancies. O,.RDERED on the motion of ~derman Cummings, seconded by Alderman Orr, that advertisements be placed in the local press advising of the appointments to be made, and inviting interested individuals to apply. Carried Unanimously. No. 748 - City Manager - Re: Report of the General Committee. The report recommends ratification of the following action taken by the General Committee on December 10, 1979: 1) That Recommendation (a) on Page 8 of the Landfill Site Report be amended to read: Non-putrescible wastes be banned from the site and a City by-law defining such materials ~e prepared providing however that any material that can be placed in a garbage bag can be disposed of at the sanitary landfill site, whether putrescible or non-putrescible, including · small tree limgs and branches, the diameter of which will be specifically outlined in the by-law banning the disposal of certain wastes at the landfill site. 2) That Recommendation (b) be revised as follows: Since it is recommended to ban non-putrescibles, but it is nevertheless desirable to provide Niagara Falls citizens access to the site to dispose of all their common household refuse, the Co~ittee recommends that upon providing proof of residehey in the City of Niagara Falls, the operators of privately owned passenger vehicles and trucks having a capacity of up to three-quarters of a ton, as well as passenger vehicles towing 2-wheel trailers, be provided access to the sanitary landfill site for the disposal of all refuse, providing however that the material to be disposed of is contained in proper garbage begs. The actual details of these restrictions will be more properly defined in a by-law to be submitted to Council for further consideration; ..... 12 - 12 - 3) That the revised procedures for garbage disposal be reviewed six months after its implementation; and 4) that suitable releases be prepared for the media outlining to the publlc that new provisions regarding the use of the sanitary landfill site will be placed in effect on March 1st, 1980. ORDERED on the motion of Alderman Sobel, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 749 - City Manager - Re: Building & Development Department Report for November, 1979. The report provides current news relative to permit statistics development proposals and other noteworthy data concerning specific functions and the daily activities of the Building & Development Department. ORDERED on the motion of Alderman Cummings, seconded by Alderman Wallman, that the report be received and filed. Carried Unanimously. No. 750 - City Manager - Re: Municipal Accounts· The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 751 - City Manager - Re: Fire Chief. The report recommends the appointment of the present Director of Training, David T. Kemp, as Chief of the Niagara Falls Fire Department as of April 1, 1980. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 752 - City Manager - Re: Maintenance & Operations Engineer. The report advises that Mr. H. Woodgate has appointed Maintenance and .Operations Engineer effective January 14, 1980. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. VEREAL REPORT - Director of Municipal Works - Re: Rental of Equipment for Winter Control. The Director of Municipal Works advised that a letter had been received from Calaguiri & Sons Construction and Excavating Limited, offering the rental of certain equipment for winter control. It ~further advised that when the recent tenders were called, not many contractors submitted bids, and it was felt advisable that this additional tender be accepted· The Director of Municipal Works recommended that the tender submitted by Calaguiri & Sons Construction and Excavating Limited for the rental of equipment for winter contrc be accepted at the quoted price of $50 per hour for a grader and $35 per hour for a front end loader. In response to a question raised by Alderman Schisler, the Director of Municipal Works stated that no other tenderors would be hisplaced as a result of accepting the new tender. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, that the recommendationbe adopted. Carried Unanimously.. RESOLUTIONS No. 116 - FERA - DILTS - REBOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-239, for the rezoning of Lots 16, 17, 18 and 19 in the propoaed Kingsview Subdivision, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. ,~. Carried UnanimoGSly No. 117 - FERA - HINSPERGER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 79-241 for the rezoning of lands on the south side of Paddock Trail Drive, immediately south of and adjacent to Ascot Woods Subdivision N.S. 39, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the FAnister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 118 - FERA- HINSPERGER - RESOLVED that the tender submitted by Fierreville Fire Truck Ltd. for the supply of a 1,050 gallon Class "A' Single Stage Fire Pamper, be accepted at the quoted price of $67,666.00; ~ The Seal of 'the Corporation be hereto affixed. Carried UnanimousIX No. 119 - NACBAIN - ~ERRETT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes ;and directs that the following ..... 13 - 13 - amounts be established as_ reserves and said amounts be used for the purpose enumerated hereunder: ~ Budget Code Amount 1) Election Costs 10115 $23,800 2) Fire Truck 10714 30,000 3) Fairview Greenhouse 12623 4,000 4) New Garbage Compactor 11434 35,000 5) Clay Liner for Landfill Site 11508 6,000 6) Replace Sewer on Morrison, Erie to Zimmerman 11608 19,000 7) Replace Sewer in part on Sinnicks 11608 8,000 8) Replace Sewer in part on Fourth Avenue, 11608 5,000 Hamilton to Bridge 9) Franklin J. Miller Park 12164 8,000 10) Housing Studies 12755 6,000 11) Commercial Development on Queen & Erie Entrance 12782 28,000 12) Municipal Drainage Investigation 440 3,000 AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-I~.WS ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 79-236 - A By-law to authorize the execution of an agreement with Maple Leaf Village Investments Inc. No. 79-237 - A By-law to amend By-law No. 79-200. (River Rd. Entrance to Queen St.) No. 79-238 - A By-law to provide for the placing of a gazebe, l~ndscaping devices and other related appurtenances at or near the intersection of Queen' Street, Cataract Avenue and River Road and the placing of landscaping devices at or near the intersection of Queen Street and Zinmerman Avenue. No. 79-239 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-22/79, Kenmore Construction) No. 79-240 - TABLED NO · 79-241 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-27/79, N.P.H.B. Developments) No. 79-242 - A By-law to amend By-law No. 79-67 being a by-law to provide for the collection of taxes for the year 1979. No. 79-243 - A By-law to authorize the conveyance of land to Roger Daniel. No. 79-244 - A By-law to authorize the sale of land. (Belmont Avenue) No. 79-245 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the following by-laws be now read a second and third time: No. 79-236 - A By-law to authorize the execution of an agreement with Maple Leaf Village Investments Inc. No. 79-237 - A By-law to amend By-law No. 79-200. (River Rd. Entrance to Queen St.) No. 79-238 - A By-law to provide for the placing of a gazebe, landscaping devices and other related appurtenances at or near the intersection of Queen Street, Cataract Avenue and River Read and the placing of landscaping devices at or near the intersection of Queen Street and Zimmerman Avenue, - 14 - - 15 - No. 79-239 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara .Falls, as amended. (AM-22/79, Kenmore Construction) No. 79-240 - TABLED No. 79-241 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-27/79, N.P.H.B. Developments) No. 79-242 - A By-law to amend By-law No. 79~67 being a by-law to provide for the collection of taxes for the year 1979. No. 79-243 - A By-law to authorize the conveyance of land to Roger Daniel. No. 79-244 - A By-law to authorize the sale of land. (Belmont Avenue) No. 79-245 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS PLANNING & DEVELOPMENT COMMITTEE Alderman Fera felt that consideration should be given to appointing a replacement for Mr. E. Stewart on the Planning & Development Committee. The Mayor advised that the appointments will be advertised in the press, and he could see no reason for Council to make an appointment without giving the public the opportunity to submit names. The City Clerk advised that although this matter had been raised previously, no definite motion had been made by Council to terminate Mr. Stewart's membership on the Committee. In response to a question raised by Alderman Puttick, Alderman Fern stated that the appointment would be for the remainder of the two year term. Following further comment, it was moved by Alderman Fera, seconded by Alderman Puttick, that Mr. E. Stewart be replaced on the Planning and Development Committee. Carried Unanimously. overhead, including maintenance. The Alderman felt such a study would be of a far greater scope than could be handled by City staff, and suggested that proposals be invited by computer firms to present proposals to examine our needs, requirements and determine whether it further use of computers is feasible and justifiable. It was moved by Alderman Cheesman, seconded by Alderman MacBain, that staff investigate the forther use of computers, invite proposals and return an interim report by the end of June, 1980, and that the matter be reviewed at that time. Carried Unanimously. LAND DIVISION COMMITTEE CONSENT APPLICATION B-569/79 The Planning Director advised that the decision of the Land Division Committee with respect to the subject application, should be appealed, however it was not possibleto have a report prepared for Council on the matter. It was requested that Council authorize staff to file an appeal to the Ontario Municipal Board of this decision~ A full report wouldzbe presented at the next regular meeting of Council, and Council could at that time determine whether or not the appeal should remain. It was moved by Alderman Schisler, seconded by Alderman Hinsperger, that Council appeal the decision of the Land Division Connnittee respecting the subject application. Carried Unanimously. CHRISTMAS WISHES Mayor Thomson, members of Council and City staff exchanged best wishes for the Christmas season and the coming New Year. It was moved by Alderman Hinsperger, seconded by Alderman Fera, that the meeting adjourn. READ AND ADOPTED, ~AAAAA ~ · ' ' o .LiNso , AMENDMENT TO CURRENT BUDGET GUIDELINES ! It was moved by Alderman Puttick, secondedbyAlderman Dilts, that Paragraph 3 of the current budget guidelines be amended by deleting the date of February 13, 1980 for review of the budget by the Finance Committee and inserting the date of January 15, 1980. Carried Unanimously. Alderman Puttick suggested that this date could be extended several days ifnecessary. FIVE YEAR CAPITAL BUDGET It was moved by Alderman MacBain, seconded by Alderman Hinsperger, that when the new draft Five Year Capital Budget is prepared pursuant to the presentl' approved guidelines of November 5, 1979, the City Manager be requested to also prepare a further supplementary draft five year capital budget wherein the estimated capital debt will be reduced by $1,000,000 at the end of the said five year period, provided that to give effect to the reduction of $1,000,000 over the said five year period, no deletions be made with respect to the water distribution system or any remedial projects proposed to alleviate basement flooding, either directly or indirectly, and that the supplementary budget shall set forth in detail the detrimental effect of any of the deletions, reductions or postponing of additional projects to give effect to the $1,000,000 reduction proposed for consideration of Council under this resolution. Carried Unanimousl USE OF COMPUTERS Alderman Cheesman felt that Council should order a full scale examination on ho~ the City could be putting its computers to the best possible use, such as improvements in productivity of manpower, womanpower, speed of collection of taxes and any processes which could be employed by computers to help reduce