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Minutes1981FIFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 12, 1981 Council met on Monday, January 12, 1981 at 7:00 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 THOMSON Council Chambers January 12, 1981 Council met on Monday, January 12, 1981 at 7:35 p.m. for the purpose of considering general business. All members of Council were present. His ~ Worship, Mayor Thomson presided as Chairman. Alderman Dilts offered the ~- Opening Prayer. PRESENTATIONS MR. J. CASTRONOVO - SOUVENIR RECORD OF NIAGARA FALLS Mr. Castronovo presented MAyor Thomson and Council with a souvenir record of Niagara Falls. Both the lyrics and music had been composed by Mr. Castronovo and his students in Toronto had made the recording. The copies of the record will be placed on sale as souvenirs of Niagara. On one side the music is entitled "Niagara Falls" and on the other, "Mr. Falls". MR. J. MacDONALD AND ME. S. DAVIS Mayor Thomson announced that John MAcDonald and Steve Davis had successfully completed courses and were entitled to receive Certificates. He presented them with Registered Director of Municipal Recreation Certificates as authorized through the legislative assembly of the Province of Ontario. DEPUTATIONS OFFICIAL PLAN AMENDMENT & PROPOSED ZONING AMENDMENT AM-20/80 The City Clerk read a letter dated January 12th, 1981 from the President of Thor-West Niagara Falls Limited requesting that discussions on this matter be tabled for one week in order that personal representation might be made, Mr. Paul R. Heath of the firm den Ouden & McKay is present and representing Thor-West Niagara Falls Limited. Mr. J.L. Nicoletti represents Mr. J, Biasucci. ORDERED on the motion of Alderman Fete, seconded by Alderman Cummings, that the matter be deferred for a two week period. Carried Unanimously. UNFINISHED BUSINESS TRANSFER OF COmMERCIAL AIR SERVICES Report No. 61 - City Solicitor - The report recommends that Council note · the attached Answer and Opposition to the City's Appeal which were submitted on behalf of the Receiver-Manager of Baltraco Limited and Pan-Mr Helicopters Ltd. and this report be received and filed. Mayor Thomson advised that it would be some time before the Minister has an opportunity to make a decision, and interested persons will be contacted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera that the correspondence be received and filed. Carried Unanimously. ARBITRATION AWARD Report No. 62 - City Manager - The report recommends that a By-law be passed authorizing the amendment to the present SupplementarY Agreement for the provision of supplementary benefits under O.M.E.R.S- for members employed as Fire Fighters by the City of Niagara Falls. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr that the recommendation be adopted. Cerried with Alderman Puttick opposed. GROUP HOMES STUDY Report No. 63 - City Manager - The report recommends that the Social Planning Council be requested to review the topic of Group Homes policies based on material and reports prepared by C~ty staff and, in conjunction with the Planning staff, provide Council with an interim report including guidance and advice on the main Social Planning issues involved. Alderman Cummings expressed. fhe view that an in depth study should be done since this will be of great concern to the people in the community- ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the recommendation be adopted. Carried Unanimously. REPORT ON STATUS OF VARIOUS COUNCIL MATTERS Report No. 64 - City Manager - The report recommends that the attached summary be received, the information noted and the report received and filed. Alderman Herrerr referred to Item #11, motorized vehicles on City Property, which is being investigated and included as part of the Recreation Policy study update for the next five years.. The Deputy Recreation Director advised that there is no known date for the completion of the study, but that it is hoped some concrete information will be available in the spring of 1981. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that this report be received and filed. Carried Unanimously. SPONS6REHIP OF EVENTS AT ARENAS BY CHARITABLE ORGANIZATIONS Report No. 65 - City Solicitor - The report recommends that the Council consider inviting charitable organizations to indicate whether they are interested in sponsoring special events at City arenas. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, tha~ the reco~ndation be adopted. Carried Unanimously. CO~4UNICATIONS No. 24 - Ministry of the Environment - Re: Bright's Pulp Drying Process. The communication advises that several meetings have been held with the representatives of Bright Canning Companyin Niagara Falls, and suggestions were made for the elimination of the odour and noise from the pulp dryer. The Welland District Office is preparing a Control Order which will direct the firm to collect the odour causing agents in the final effluent. There was a lengthy discussion on this item with Alderman Kerrio advising Council members that he has been in contact with residents of the area. He presented a letter concerning the health of one couple which appears to be affected by the pollution from the plant. ~ Mayor Thomson informed Council that he had personally investigated this matter and been in contact with one representative of the MinistrY who has subsequently suffered ill health and been replaced by another. Mayor Thomson expressed the view that a resolution 'should be forwarded to the Minister of the Environment, and to the local office of the Ministry requesting firm answers towhat is going to become of this industry and the pollution taking place. Alderman Herrerr who had visited the area with Mayor Thomson, stated that he was in agreement with the suggestion, and felt it was time a fin stand was taken. In reply to questions raised, Mayor Thomson advised that the Ministry is working on the problem. Hewever, regardless of the control it would not eliminate the problems in the area since the industrial operation was built within a residential area. Alderman Kerrio informed the members that the Ministry had granted the company a permit in August 1980 which apparently cannot be rescinded. ORDERED on the motion of AldemanMerrett, seconded by Alderman Kerrio, -3- that a resolution be forwarded to the Minister of the Environment, and to the local office of the Ministry of the Environment that steps be taken forthwith to stop the operation of the Bright's Pulp Drying Process and have it removed from the area if adequate controls could not be implemented. Carried Unanimously. No. 25 - City of St. Albert - Re: Constitution and Energy Policy. The City Clerk outlined the communication. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the communication be received and filed. The motion was amended on the motion of Alderman Puttick, seconded by Alderman Cheesman that a copy of the communication be forwarded to A. MacBain, M.P. with a request for his comments. Carried Unanimously. No. 26 - Ministry of Housing - Re: Making Better Use of Existing Resources. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that arrangements be made to have representatives of the City attend the workshop to be held on February llth, 1981 in Hamilton. Carried Unanimously- No. 27 - Ministry of Intergovernmental Affairs - Re: (a) the Municipal Amendment Act. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that this communication be referred to the Finance Committee. Carried Unanimously- (b) Act to Assist Municipalities in Negotiation and Resolution of Municipal " Boundary and Boundary Related Issues. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman~ that this communication be received and filed. Carried Unanimously.' (c) Review of the level of bonding coverage needed in the municipality- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts that this communication be referred to the Finance Committee. Carried Unanimously. No. 28 - Boy Scouts - Re: Request for Financial Assistance. The communica- 'tion outlines plans for a gathering of many community groups and organizations to celebrate Victoria Day in 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrerr, that the communication be referred to the Civic Committee to investigate the matter and report back to Council. Carried Unanimously. No. 29 - Federation of Canadian Municipalities - Re: Resolutions for 1981 Conference. It was recommended that a review be made of resolutions passed by Council in 1980 to determine those that may be of interest to the F.C.M., and that they be forwarded for consideration at the 1981 conference. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that this communication be received and filed. Carried Unanimously. No. 30 - Niagara Falls Hydro - Re: Mr. J. Bauer - Loss of Chickens. ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that this communication be received and filed. Carried Unanimously. No. 31 - East Niagara HousingsAuthoritY ' Re: Provincial Residency Guidelines. The communication advised that effective January 1, 1981, eligibility for subsidized housing pertaining to residehey will be based only on an applicant being a resident in the Province of Ontario for a minimum of twelve consecutive months, immediately prior to the application being filed. The City Treasurer advised Council that approximately sixteen out of town applications are on file although none have yet been placed. The priorities for eligibility are similar throughout the Province of Ontario, using a point system based on need, ability to pay for accommodation, etc. The MinistrY of Housing makes surveys to decide on the need for more housing in an area, and if the local waiting lists warrant more housing this is provided. Alderman Herrerr and Cummings expressed disagreement with the decision. Alderman Chessman suggested that an older person or couple might decide to transfer to another area if relatives lived there. He pointed out that these are Ontario taxpayers and entitled to Ontario housing. Alderman Puttick agreed with this position. Alderman Merrett stated that no one would disagree with compassionate reasons for obtaining housing, but that people living wit~in~,the area should receive accommodation. -4- ORDERED on the motion of Alderman Cunanings, seconded by Alderman Dilts, that this communication be received and filed. The motion was amended on the motion of Alderman Herrerr, seconded by Alderman Cummings that a request for a six moth update on the downtown business be recelved from the East Niagara Housing Authority. Carried Unanimously. No. 32 - Toronto Recycling Action Committee - Re: A Special Committee of Toronto City Council which consists of citizen volunteers who are concerned with the mounting solid waste problem in their urban area. ORDERED on the motion of AldermanCheesman, seconded by Alderman Cummings, that{ this communication be referred to the Solid Waste Committee. Carried Unanimous~ No. 33 - Niagara Follies - Re: The Greater Niagara Association for the Mentally retarded presentation of a musical review to be held at N.F.C.V.I. on February 6 and 7, 1981 and requesting participation in this function, ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that this communication be received and filed. Carried Unanimously. No. 34 - Regional Municipality of Niagara, Business & Industrial Growth Agency, City of Thorold and Area Industries - Re: Solid Waste Management Policy Advisory Committee resolution endorsing the proposal of Walker Bros. Quarries Ltd. for the establishment of a new site in the abandoned part of their quarry for the disposal of non-hazardous solid industrial waste. Mayor Thomson informed Council that there was a landfill site across the road in the City of Thorold and the Region is suggesting that the present site be approved. He further stated that he had visited the site on numerous occasions and felt there is definitely a need. The Director of Municipal Works has been involved in the Technical Committee with the Region and Alderman Dilts also artended the meeting. In reply to questions raised, Mayor Thomson also advised Council that if approval is received from the Fdnistry, it would be s.ubJect to controls which are unknown at the present timm Alderman C,,mmtngs expressed approval of the resolution in view of the real need for a waste disposal site for businesses in the area. The Director of Municipal Works advised Council that the Region is investigating a larger site as well as an energy waste scheme. He further stated that the proposed plan would give a five-year extension on waste disposal. Mayor Thomson stated that rather than a positive recommendation, the municipality should raise no objection to the proposal at this time since there are many issues to be resolved regarding environmental aspects, and there is a recognition of the need for industries in the area to have the site.! Mr. Peter Sobol was granted permission to address City Council on the motion of Alderman Cummings, seconded by Alderman Merrett. Mr. Sobol informed= Council that he is a member of the Solid Waste Committee at the Region and expressed the view that the present Walker Bros. site should be either accepted or rejected. Me further stated that he has serious concerns regard- ing the present safeguards at the site, and the inadequacy of Provincial supervision in this regard, with the suggestion of collector wells which might be tested periodically. Mr. Sobol voiced his concern relating to the Welland Canal and Mayor Thomson suggested that the resolution of the Solid Waste Committee covered the problems. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick,'that the City of Niagara Falls raise no objection to the resolution at the present time. Carried Upanimously. Mayor Thomson advised Council that several meetings have been scheduled for the Solid Waste Advisory Committee and representation from the City of Niagara Falls Council has been requested. ORDERED on the motion of Alderman Ma~=ett, seconded by Alderman Chessman, that Alderman Dilts represent the City of Niagara Falls on the Solid Waste Advisory Committee at the Regional level. ~arried Unanimously, REPORTS No. 66 - tit]Manager - Re: AM-25/79, R. Cushing, 5633 Dorchester Road, proposed two family dwelling. The report recommends that a new by-law appearing on tonight's agenda be approved in place of By-law 79-194 as directed by the OMB Decision of A L Chapman on April 8, 1980. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fore, that the report be received ~nd adgpted.: Carried Unanimously. See'By-law No. 81-2 -5- No. 67 - City Manager - AM-23/80, D. & S. DiCienzo, Colonial Inn. This report proposes to permit a 5 storey addition to the existing 3 storey motel. Alderman Chessman suggested a point of order since the study was initiated subsequent to zoning amendment application and the report says nothing about the application itself. Alderman Cheesman requested information regarding the recommendation of the Planning and Development Committee. The Planning Director advised that in many ways this item should have been listed under delegations since it was initiated by Mr. D. F. Marinelli, Solicitor for Mr. DiC~enzo, owner of the Colonial Inn. The Planning Director further stated that the Planning Department had attempted to assist by supplying background information for Council. Mr. D. F. Marinelli, appearing on behalf of Mr. DiCienzo, informed Council that he had requested this matter be placed on the Agenda. He advised that his client was anxious to proceed with the Application which must be dealt with before Mr. DiCienzo may go ahead. The Planning Director was requested to advise Council that the Application for the re-zoning was being amended. The original plan was for an increase of five stories, three of these to be completed immediately and two in the future. However, the Application is now being made for three storey zoning. Mr. Marineill further stated that there is additional parking available. The land is an irregular shaped parcel on Victoria Avenue, with 130 feet, and frontage on Walnut Street of 198 feet. Mr. Marineill also informed Council of the land owned by Mr. Tagsone who will be represented at this meeting. Mr. Marinelli explained the proposed expansion plans to Council as being a three storey addition to the present structure of three stories. He stated that there is sufficient parking to accommodate the units being proposed which complies with the by-law. Discussions have been held with City staff and the design consultant. Mr. Marinelli advised that the major point of contention is the point of height. At the Committee of Adjustment Hearing his client obtained relief on the point of the front yard setback. It was further explained that with respect to design, a colour sketch is available. Apparently Mr. DiCienzo's proposal will offer benefits to the City through international. advertising. Mr. Marineill referred' to the by-law which provides a maximum height of 34 feet which Mr. Marinelit felt allowed the City to have some input into such developments by means of a site plan control to ensure design and models required by the by-law being adhered to. It was suggested that since this is zoned tourist commercial, the type of developments and designs should be considered. He referred to the approval of previous applications for 8 and 6 storey developments. Council was advised by Mr. Marineill that his client is anxious to upgrade his facilities prior to the coming tourist season and the Application has been pending since September 1980. He referred to the consultant's report being accepted as suitable for the area. This has been studied and considered suitable by City staff, and it requested that a decision for approval be made. In reply to questions raised, Mr. Marineill stated that several attempts have been made to purchase the adjoining lands, without success. Mr. George Kirkham, Solicitor for Mr. and Mrs. G. Tessone was given permission to address Council on the motion of Alderman Merrett, seconded by Alderman Baker. Mr. Kirkham stated that Mr. and Mrs. Tessone live at 4897 Walnut Street, and immediately adjacent to the proposed site in a frame dwelling. He stressed that a 5 storey application had been discussed at the Committee of Adjustment Hearing, and that a 3 storey addition will be about 40 feet over his client's building. His clients moved into the home around 1960 at which time the by-law restricted building to 35 feet, and the present motel building of about 34 feet was built some years after that time. Mr. DiCienzo purchased the motel about three years ago. Mr. Kirkham suggested to Council that the Application would be double the restricted height. Mr. KiCkham further suggested that traffic: congestion in the area could be expected in the winter as well ms the summer tourist season, and parking will not relieve that situation. He also stated that although the zoning is tourist connnercial, there is a large residential core about 200 feet north of Victoria Avenue and the area is interspersed with residential sites. Mr. Kirkham expressed concern regarding the value of his client's land if the Application is approved. He expressed further concern about his client moving into the area, and the subsequent approval of such an Application in fayour of commercial industry. He suggested that on Victoria Avenue the by-law had been consistently adhered to, excepting senior citizen housing and apartment buiidiugs. It was submitted that the by-Iaw is oniy a guideline for Council as previously stated by Mr. Marineill. Mr. Kirkhum felt that if this Applicati~ is approved, many more applications of a similar nature will be received. Alderman Orr pointed out that Mr. Kirkham's client was aware of the tourist commercial zoning when he purchased the home on Walnut Street, and it was agreed that Mr. DiCienzo is free to build in the parking lot on Walnut Street if he desires. Mayor Thomson stated that although the height restriction is 35 to 40 feet, some buildings have been approvedwhich are considerably highter than thiJ It was felt that the height restriction is basically a vehicle for Council to control the height of buildings and have input. The planning Director agreed that the 30 to 35 feet was really fixed to cover a single family house .with a third storey attic which is the basic height in most municipalities. He explained that under the metricatton change it was not allowed to reduce the figure, and the 35 feet in the old by-law could not be 33, but had to be 35 plus a little. Alderman Fera stated that this Application was discussed at planning new members Committee and perhaps the reason it was not approved was because of the Committee had a problem with the 35 foot height restriction which is a guideline. Alderman Fera expressed approval of the application. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that following Zoning Amendment Application AM-23/80 be approved Carried on the vote: AYE: Aldermen Chessman, Cummings, Dilts, Fera, Kerrio, Merrett, puttick, Schisle~ and Somerville; NAYE: Aldermen Baker, Janvary and Orr. No. 68 - City Manager - Re: Severance Application A. & S. Terriaca on Stamford Green Drive, B-464-80. The report from the Planning and Development Co,~{ttee reco~nnends to Council approval of the application. Mrs. Terriaca was granted permission to address City Council on the motion of Alderman Dilts, seconded by Alderman~C~mmtngs' She expressed concern~ with the way the land severances are handled, which might be mistakes by the City. Mrs. Terriaca stated that the Land Division authority had agreed that in this instance sidewalks were unnecessary. The Director of Municipal Works explained that there are still works to be put into the area in question. Alderman Dilts stated that h~ had studied this application and had not been aware that this type of construction in an older area was the policy of the City. He further stated that there are six or seven homes in the area without sidewalksj The Director of Municipal Works advised that the plan shows sidewalks planned for the area, and these have been~ constructed on both sides of the house. He further stated that sewers are a priority item, but that he feels sidewalks are necessary in the area, and half the cost would be paid by the homeowners, the other half by those in the area. Members of Council discussed the policy- and learned that the Land Division Committee may approach the Ontario Municipal Board for a recommendaria ORDERED on the motion of Alderman Dilts, seconded by Alderman Puttick that the appeal be withdrawn, Carried on the following vote: AYE: Aldermen Baker, Cummings, Dilts, Fera, Kerrio, Merrett, Orr, ~ Puttick and Somerville; NAYE: Aldermen Chessman, Janvary and Schisler. No. 69 - City Manager - Re: Site Plan Approval ~ Taco Bell Restaurant, 6319 Lundy's Lane. The report recommends approval of the.site plan subject to conditions stated. ODEBED on the motion of Alderman Schisler, seconded by Alderman Dilts, that t~ report of staff be received and adopted. Carried Unanimously. No. 70 - City Manager - Re: Possible Disposal of Bridge Street Athletic Grout The report recommends that staff be authorized to obtain an appraisal of the market value of the property o~ned by the Municipality known as the Bridge Street Athletic Grounds, and that following receipt of the appraisal, offers b~ invited ~or the purchase of~the,property. - 7- ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with the following vote: AYE: Alderman Baker, Chessman, Cummings, Fera, Kerrio, Merrett, Puttick, Schisler and Somerville; Aldermen Janvary and Orr. Alderman Dilts was not present during the NAYE: VOte, No. 71 - City Manager - Re: Sale of Lot Nos. 37 and 38, Registered Plan 160 from Great Falls Lumber Co. Ltd. to Robert Sentineal. The report recommends that the City of Niagara Falls pass a By-law to authorize the execution of the required documents releasing the owners of Lots 37 and 38 from the restrictions contained in a deed dated December 7, 1954, from the Corporation of the Township of Stamford to Falls Construction Company Ltd. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously, except for Alderman Dilts who was not present during the vote. See By-law No. 81-3 No. 72 - City Manager - Re: Request for Release, 5976 Eldorado Avenue, Lot No. 141, Plan N.S. 22. The report recommends that Council pass the by-law appearing on tonight's agenda to authorize a release of Lot No. 141 according to Plan N.S. 22 from the provisions of a subdivision agreement between the City and Klydel Holdings Incorporated dated November 1, 1972, and registered on November 16th, 1972 as Instrument No. 176349. ~. ~ Alderman Kerrio requested information regarding payment of money which is owed to the City and was advised that the report recommends the City Treasurer bring in a subsequent report on this matter. There is approximately $35,000 outstanding. Mayor Thomson explained that this problem resulted from a bankruptcy action of Klydel Holdings Incorporated, which now no longer exists. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law No. 81-4 No. 73 - City Manager - Re: Renewal of Rental Payable to Ontario Hydro for Renewal of Stanley Avenue Storm Sewer Easement. The report recommends that Council approve the revised renewal rental for the easement granted by Ontario Hydro for the Stanley Avenue Storm Sewer. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-law No. 81-5 No. 74 - City Manager - Re: Lands acquired for Road Widening - Stanley Avenue. The report recommends that a 32 foot strip of land situated on the west side of Stanley Avenue south of Church's Lane, said lands being acquired by the City of Niagara Falls in 1969 for road widening purposes, be conveyed to the Regional Municipality of Niagara for the sum of $880.00. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the report be received and adopted~ Carried Unanimously. No. 75 - City Manager - Re: Falls Industrial Park Extension - Sale of Lot No. 8 according to Registered Plan M-67 to Dhanras V. Shihora and Ilakumari D. Shihora. The report reconnnends that Council pass the by-law appearing on tonight's agenda to authorize the sale of Lot No. 8 according to Registered Plan M-67 (Falls Industrial Park Extension) to Dhanras V. Shihora and Ilakumari D. Shihora. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-law No. 81-7 No. 76 - City Manager - Re: Proposed Monroe Subdivision Extension. The report recommendsthat this report and the attached decision of the Ontario Municipal Board be noted by Council and referred to a 'subsequent meeting of Council for consideration; and that a resolution be prepared for consideration at a subsequent meeting of Council dealing with proposed amendments to the existing legislation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 77 - City Manager - Re: Farking on Keith Street. The report recommends that parking be prohibited from 8:00 a.m. until 4:00 p.m. on the north side -8- of Keith Street from a point 170' easterly of Portage Road to a point 76' farther easterly. ORDERED on the motion of AIderman Merrett, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. No. 78 - City Manager - Re: Intersection of St. James and St. John Streets. The report reconmends that no change be made in the existing intersection control at this intersection. Mayor Thomson advised that the people in the area had suggested that some effort be made to curtail traffic and some comment should be heard from interested persons. ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that this matter be referred back to staff for further investigation. Carried Unanimous// No. 79 - City Manager - Re: Market Block - Erie Avenue Parking Lot. The report recommends that the by-law appearing later on this Council agenda to control parking on this lot be passed. ORDERED on the motion of Alderman err, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 80 - City Manager - Re: Ontario Good Roads Association Annual Confer- ence. The report recommends that three members of the Municipal Works be authorized to attend the Ontario Good Roads Association Convention; that one member of Council he authorized to attend the entire O.G.R.A. Convention; and that as many members of Council as possible attend the one day O.G.R.A. seminar for Councillors on February 23rd, 1981. ORDERED on the motion of Alderman Schisler, seconded by Alderman Somerville, that the report be received and adopted, and Alderman Puttick will represent Council. Carried Unanimously. No. 81 - City Manager - Re: Pedestrian Movement on "Jolley Cut". The report recommends that this report be received and filed and copy sent to Mr. R.P. Thompson, General Manager of the Skylon and Mr. Don Wilson, General Manager of the Niagara Parks Ce.~ssion. ORDERED on the motion of Alderman Chessman, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. No. 82 - City Manager - Re: (a) Sewer Easement on part of Township Lot 223 from Ontario Hydro to the City of Niagara Falls (Chippawn Parkway); (b) Watermain Easement on Niagara Parks Co~c~nission lands (South of Falls Avenue ~ The report reco. mmends that the By-laws to authorize the above easements between~ the Niagara Parks Comm~ssion, Ontario Hydro and the City of Niagara Falls be approved. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fern, that. the report be received and adopted. Carried Unanimously. No. 83 - City Manager - Re: Building and Development Department Report for December 1980. The report provides City Council with current news relative to permit statistics and development proposals. ORDERED on the motion of Alderman Dilts, seconded by Alderman Somerville, that the report be received and filed. Carried Unanimously. '- No. 84 - Finance Comm~ttee _ Re: 1981 Capital Budget. The report recommends that Council adopt the attached 1981-1985 Capital Budget. ' ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 85 - Finance Committee - Re: Establishing Reserves to Complete Projects Budgetted for in 1980. The report recommends that the resolution listing the projects and related dollar values be approved and reserves established accordingly. ' ORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimodsly. No. 86 - Finance Committee - Re: Closing and Conveyance of Part of the Unopened Road Allowance between Township Lot 5 and Gore Lots 3, 4 and 5 of the · former Township of Stamford. The report recommends that the subject land be stopped and closed by by-law and conveyed to Luane and Nuziato Pellegrino for the amount of $3,425; and that the Legal Department take the necessary steps to close the road allowance and complete the documentation for the sale. ODERED on the motion of Alderman Herrart, seconded by Alderman Fera, that the report be tabled until Mr~ and Mrs. Pellegrino are contacted for comment. Carried Unanimously. No. 87 - Finance Committee - Re: Finance Department Cash Registers. The report recommends that the City of Niagara Falls purchase 3 replacement cash registers for the Finance Department at an approximate cost of $32,000 (including all taxes) and that this expense be financed one-half by the water system and one-half by the general operating budget. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 88 - City Manager - Re: Municipal Accounts. The report recommends payment of the accounts in the aggregate amount of $485,681.63 for the three week period ending January 12, 1981. Alderman Cummings questioned the City Treasurer on Cheque numbers 10184, 10189 and 10431. Under 10184 he requested information regarding the number of persons taking advantage of the Elderly Tax Assistance; 10189 - the number of trees planted; and 10431, the saving for the City on Arena Steam. The City Treasurer indicated that he would investigate these items before payment is made. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 89 - Mayor Thomson - Re: Study of Existing Ward System and the Method of Representation. The report recommends that a special ad hoc comm4ttee be established to study and report on the existing method of aldermanic representation in the City of Niagara Fails. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 90 - City Clerk - Re: Resolutions from Other Municipalities. The report is for the information of Council and recommends that it be received and filed. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. NEW BUSINESS JAMES MORDEN SCHOOL - K-5 PROGRAM A communication was presented from the James Motden Parents Association dated January 9th, 1981, rejecting the K-5 Program which is a proposed revision of the Niagara South Board of Education grade range to be extended to K-8. The James Motden Parents Association requests support from the City of Niagara Falls in their rejection of this revision. Alderman Cheesman expressed the view that to interfere with School Trustees who are duly elected representatives might work against the best interests of the community. Alderman Puttick stated that Council should accede to the request and forward input to the Board on the parents' behalf. Mayor Thomson suggested that since details of the situation are unknown, this communication should be forwarded to the School Board. It was felt by several members of Council that a personal interest could be Shown by contacting Mr. Wally Scott, James Motden Liaison Trustee, for details. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that this communication be referred to the Niagara South Board of Education meeting scheduled for January 13, 1981, as correspondence which had been forwarded to Council, and that this communication be received and filed. Carried Unanimously. RESOLUTIONS No. 7 - FERA - DILTS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes and directs that the following amounts be established as reserves and said amounts to be used for the Furpose enumerated hereunder: 1. Kalar Road 11276 $8,200 2. Portage Bridge 11273 50,000 3. Municipal Bridge Appraisals 11274 12,000 4. Asphalt Overlays (for River Rd.) 11259 38,000 5. Flooding Report 11610 155,000 6. Clay Liner at Landfill Site 11508 3,000 7. v! Catchbasin Gleaner 11436 60,000 8, Compactor 11434 '46,000 )! - 10- 36,000 25,000 9. International Dump Truck 11433 10. Sidewalk Repairs (C.S.C.P.) 11170 11. Sidewalk Construction Fronttug City Property 11172 8,000 12. Sewer Flow Level Recorders 11314 4,400 13. Computer Room Flooring 10200 1,200 14. Palmet Park Lights 12022 20,000 15. Commercial Development 12782 40,000 16. Planning Studies (towards River Rd. work)f2755 5,600 17. Lawnmowers (Council approved) 12135 4,500 AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 8 - CHEESMAN - KERRIO - RESOLVED that a message of condolence be sent to the family of the late Dr. William Smeaton, a respected member of the Community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Alderman Cheesman suggested that Dr. Smeaton's name be added to the list of names for the dedication of parks. No. 9 - PERA - CHEESMAN - RESOLVED that a message of condolence be sent to the family of the late Razen Drury; AND the Seal of the Corporation he 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-laws be read a first time: No. 81-1 - A By-law to authorize the amendment~of a Supplementary Agreement under the Ontario Municipal Employees Retirement System Act. No. 81-2 - A By-law to mm~nd By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. No. 81-3 - A By-law to authorize the execution of a release respecting Lots 37 and 38, Plan 160 for the former Township of Stamford, now in the City of Niagara Ealls. No. 81-4 - A By-law to authorize a release. No. 81-5 - A By-law to authorize the acquisition of an easement from0ntario Hydro. No. 81-6 - A By-law to authorize the acquisition of an easement from the Niagara Parks Commission. No. 81-7 - A By-law to authorize the sale of land in the Falls Industrial Park Extension. No. 81-8 - A By-law to amend By-law 7878 1969 as amended respecting parking lots in the City of Niagara Ealls and for regulating and governing the parking of vehicles thereon and the charging of fees for such parking. ' No. 81-9 - A By-law to permit the saves of a building to encroach on SecOnd Avenue. No. 81-10 -A By-law to provide monies for general purposes. Carried Unanimously. ORDERED on the motion of Alderman Fare, seconded by Alderman Cummtngss that the following by-laws be now read a second and third time| .... 11 No. 81-1 - A By-law to authorize the amendment of a Supplementary Agreement under the Ontario Municipal Employees Retirement System Act. No. 81-2 - A Sy-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. No. 81-3 - A By-law to authorize the execution of a release respecting Lots 37 and 38, Plan 160 for the former Township of Stamford, now in the City of Niagara Falls. No. 81-4 - A By-law to authorize a release. No. 81-5 - A By-law to authorize the acquisition of an easement from Ontario Hydro. No. 81-6 - A By-law to authorize the acquisition of an easement from the Niagara Parks Commission. No. 81-7 - A By-law to authorize the sale of land in the Falls Industrial Park Extension. No. 81-8 - A By-law to amend By-law 7878 1969 as amended respecting parking lots in the City of Niagara Falls and for regulating and governing the parking of vehicles thereon and the charging of fees for such parking. No. 81-9 - A By-law to permit the eaves of a building to encroach on Second Avenue. J No. 81-10.-A By-law to provide monies for general purposes. Carried Unanimously. NEW BUSINESS INTERSECTION OF VALLEYWAY AND STANLEY AVENUE Alderman Cummings requested information regarding the meeting scheduled for Wednesday, January 21, 1981, advising that the public is not aware of this scheduled date. Mayor Thomson stated that he had not been notified of this meeting. Alderman Cummings advised that the Council Chambers had been reserved for January 21st, 1981. Mayor Thomson suggested that this meeting be re-scheduled in order that everyone concerned might be notified. WORKSHOP IN HAMILTON - FEBRUARY 11, 1981 Alderman Janvary advised the Council that there will be a Workshop in Hamilton, Ontario on February llth, 198I, which she would like to attend. ORDERED on the motion of Alderman C%Qesman, seconded by Alderman Merrett, that Alderman Janvary be authorized to attend the Workshop on February llth, 1981 in Hamilton, Ontario. Carried Unanimously. HEATING SYSTEM IN CITY MALL Alderman Puttick stated that he had brought to the attention of City staff the question of the heating system in City Hall. The City Manager stated that the custodian had been absent, and that there is now no problem. Mayor Thomson suggested that substantial chances in the cost of heating will be evident since in the evenings and week-ends the heat in the building is lowered. ARENA TICKETS Alderman Puttick requested information respecting the sale of season's tickets in the Arena and was informed by Mayor Thomson 'that Mr. R. Quinn had stated over 500 season's tickets had been sold. This matter is to be discussed with Alderman Puttick at a later date. It was moved by Alderman Fera, seconded by Alderman Dilts, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ~. L. COLLINiOi,'Ci~ MAYOR WAyi' iOMSON SIXTH MEETING Council Chambers January 19, 1981 SPECIAL MEETING Council met on Monday, January 19, 1981, following a meeting in General Committee session. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. REPORTS No. 91 - Planning Director - Re: River Road Study Status Report. The report recommends: 1) That Council refer the report on the River Road Study to the Traffic, Parking & Tourism Study for inclusion in the Planning (Tourism) portion of same; and 2) That Council authorize the expenditure of a reasonable amount to acquire consulting services in order to: (a) review the Planning staff report and provide input into the social planning aspects of the alternative land use concepts. (b) To review the economic viability of the alternative proposals included in the Planning Department report, as well as alternative uses of the larger homes in the River Road area. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the Mayor and City Manager be authorized to approach the Niagara Parks Commission regarding the possibility of sharing the cost involved in engaging a consultant, that the Social Planning Council be asked for its input into the matter, and further that proposals be invited from consultants on the social planning aspects and the economic viability of the alternative proposals contained in the River Road Study once suitable terms of reference have been prepared. The motion Carried with Aldermen Orr and Puttick voting contrary and all others voting in favour. No. 92 - City Manager - Re: Snowplowing of City Sidewalks. The report recommends that the present policy of plowing streets in downtown business areas, other main streets, school routes, public buildings including churches and along bus routes, be continued and that funds be included in the 1981 Streets Operating Budget for this purpose. ORDEP~ED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. COMMUNICATION No. 35 - Rainbow Blind Bowlers - Re: Financial Assistance. The communication requests financial assistance from the City to assist in defraying transportation and accommodation costs for the Rainbow Blind Bowlers to participate in the White Cain Bowling Tournament to be held in Cornwall, Ontario on February 7th, 1981. OI{DERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that a grant of up to a maximum of $550 be approved, and that a report be submitted at the next Finance Committee meeting on the amount to be paid. Carried 'Unanimously. APPOINTMENT RAILWAY RELOCATION COMMITTEE It was moved by Alderman Chessman, seconded by Alderman Cummings, that Aldermen Chessman, Cummings, Dilts,,Pettick and Mayor Thomson be appointed as the City's representatives on the Railway Relocation Committee. Carried Unanimously. NEW BUSINESS REGIONAL SALARY REVIEW Alderman Puttick referred to the salary review for non-union personnel being undertaken by the Region, and expressed his concern over the possibility of such a review being used in the City. The City Manager provided some additional information. -2- It was moved by Alderman Cheesman, seconded by Alderman Dilts, that the meeting adjourn. Carried Unanimously- READ AND ADOPTED, MAYOR WAYNE THOMSON SEVENTH MEETING Committee Room #1 January 26, 1981 COMMITTEE OF THE WHOLE Council met on Monday, January 26, 1981 at 7:15 p.m. in Committee of the ~ole. All meters of Council were present with the exception of Alderman Schisler. Alderman Fera presided as ~airman. Following consideration of the items presented, the Committee of the ~ole arose without reporting. b ~ ~' ~ ~ ~YOR WAYNE T~MSON Council Chambers January 26, 1981 Council met on Monday, January 26, 1981 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 Fera offered the Opening Prayer. DEPUTATION BANNERS ON FALLS AVENUE Mr. K. Forten was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Baker. Mr. Ferren indicated that he has made a proposal to Maple Leaf Village to erect decorative banners on poles along Falls Avenue. The total cost involved to install and maintain the banners will be borne by Maple Leaf Village. Mr. Ferren distributed photographs showing similar banners on display in Toronto. Mayor Thomson felt that some additional information should be made available to Council before a decision was reached. The Mayor suggested that the request be referred to staff for investigation. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the matter be referred to staff for review and the preparation of a report. Carried Unanimously. REPORTS No. 93 - City Manager - Re: Live Boxing Event at the Niagara Falls Memorial Arena. The report reconmends that the City enter into an agreement with Star Fromotions Limited to promote a live boxing event at the Niagara Falls Memorial . Arena on Friday, February 27, 1981. The Promotions & Facilities Co-ordinator provided additional information regarding sponsorship and proposed television coverage of the live boxing event. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 94 - City Manager - Re: Activities of the Fromotions & Facilities Co-ordinator. The report provides information on the.activities of the Fromotions & Facilities Co-ordinator since his hiring in August of 1980. The Fromotions & Facilities Co-ordinator provided further information on planned promotional activities for the upcoming year, including a western music festival, and a softball tournament involving National Hockey League players. Alderman Cummings suggested that the new community room being planned for the Niagara Fails Memorial Atone could be developed around a "sports - 2 - hall of fame" honouring local athletes. The Alderman suggested that such recognition could be co-ordinated through the Recreation Commission. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously- Alderman Merrett suggested that staff look into the possibility of having plexi-glass installed behind the penalty box at the Arena. Alderman Cummings advised that plexi-glass had been installed in this area several years ago, but had only been in place for one year. The Projects & Services Engineer indicated that the barrier had broken and was not replaced- In response to a question raised by Alderman Fera, the Deputy Solicitor advised that in the event of an injury to a fan as a result of a fight with a hockey player in the penalty box, the City could be sued, however it was doubtful that the City would be found liable. Alderman Cummings pointed out that it is printed on the tickets that the City will not be liable for accidents or injuries causing bodily harm at the hockey games. In response to a question raised by Alderman Orr, the Deputy Solicitor stated that the circumstances would not differ for a game to which no admission was charged. COMMUNICATIONS No. 36 - Mrs. L. Hilston - Re: Song Entitled "Hand in Hand". The communication~ advises of the song "Hand in Hand"written specifically for Operation Horseshoe~ and the United Nations 1981 International Year of the Disabled Person. Mrs. Milston indicated that the organizers for Operation Horseshoe had obtained flares for the special program, however volunteers were required to set them off. Mrs. Hilston asked that any persons interested in assisting contact one of the Operation Horseshoe organizers. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and filed and that a letter of thanks be sent to Mrs. Milston for her contribution to the International Year of the Disabled Person. Carried Unanimously. No. 37 - Ministry of the Environment - He: South CayUga Facility for Treatment: of Liquid Industrial Waste and Hazardous Nests. The communication advises of a South Cayuga site for the location of a treatment facility for the treatment of liquid industrial waste and hazardous waste. Mayor Thomson pointed out that if the facility is not located in South Cayuga, there is still a possibility that a local site could be considered. The City Clerk referred to a recent resolution from the Regional Municipality of Haldimand/Norfolk which called for public hearings on the facility, and the fact that Council had supported this resolution~ The City Clerk suggested that in view of the information provided by the Minister of the Environment, Council should consider rescinding its earlier motion of support. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Dilts, that the communication be received and filed, and that Council rescind its previous motion to support the resolution of Haldimand/ Norfolk in calling for a public hearing on the proposed waste treatment facility. Carried Unanimously. No. 38 - (a) Mrs. G. Capitano - Re: Sidewalk Snow Plowing. (b) Mr. R. Hopkins - Re: Sidewalk Snow Plowing. Both communications express concern over the City's policy of only plowing certain sidewalks. Mayor Thomson stated that the additional cost of $60,000 to have all City sidewalks plowed would cost citizens between $1.00'and $2.00, and pointed out that it would not be possible to have your sidewalk shovelled once for that price, let alone the entire season. Alderman Merrett felt that the matter of sidewalk snow clearing should be referred to the Municipal Works Committee for investigation and the preparation of recommendations back to Council. Alderman Puttick felt that referrin8 the matter to the Committee would not reveal any information that had not previously been· submitted to Council. The Alderman pointed out that Cotmcil had voted the previous week to maintain the existins policy on sidewalk snow removal, and that decision should not change because several letters of objection had been received. ,,"'3 - 3- Mayor Thomson explained that five of the members of the new Council had not been involved in the discussions leading to the adoption of the existing policy on sidewalk snow clearing, and the intent of the suggestion to have the matter referred to the Municipal Works Committee was to give those newer members an opportunity to review the background of the matter. The Mayor also pointed out that he had not only received complaints from senior citizens and handicapped persons, but the parents of school children who must now walk on the road to get to school. Alderman Orr commented that she did not like to see senior citizens or disabled persons hampered by the snow, but she also did not want to tax these people. The Alderman suggested that if the people were aware of the costs and were willing to pay, the matter could be reconsidered. In response to a question raised by Alderman Fera, the Deputy Solicitor stated that he did not believe the City could be held responsible if a child unable to walk on the sidewalk because of the snow, were hurt on the road. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Dilts, that the matter be referred to the Municipal Works Committee for review and the preparation of recommendations for Council. The motion Carried with Alderman Puttick voting contrary, and all others voting in favour. No. 39 - Niagara Centre - Royal Astronomical Society of Canada - Re: Use of City Owned Property. The communication requests use of property located at the intersection of Crowland Avenue and Lyons Creek Road as an observing site. ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville, that approval be granted on the understanding that the Municipality will be exempted from any liability arising as a result of the use of the property. Carried Unanimously. No. 40 - Mr. K. Kuhn - Re: Building Permits for Lots on ~rshall Road. The communication requests that the City issue permits for certain lots on Marshall Road. AND No. 41 - Mr. F. Maraldo - Re: Building Permits for Lots on Miller Road. The · communication requests that the City issue building permits for certain lots on Miller Road. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the matter be referred to staff for the preparation of a report within two weeks. Carried Unanimously. .No. 42 - McGonegal's Farmers Market - Re: Stop Sign on Sodom Road. The communication requests that Sodom Road at its intersection with Main Street, be returned to a stop street. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Orr, that the communication be referred to the Regional Municipality of Niagara for consideration- Carried Unanimously. REPORTS No. 95 - City Clerk - Re: AM-4/80, Proposed Addition to Shady Rest Motel, Spironello and Iseppon Investments Ltd. The report advises that the Ontario Municipal Board has appointed Monday, February 2, 1981 at 11:00 a.m. in the City Hall Council Chambers for the hearing of all parties interested in supporting or opposing the subject application. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the date be noted and the report received and filed. Carried Unanimously. No. 96 - City Manager - Re: Bolus-Revelas-Bolus Limited and Land Severances B-460/80 and B-461 80. The report recommends passage of a by-law to authorize the execution of a new agreement with Bolus-Revelas~Bolus Limited and 454802 Ontario Limited (the purchaser of the P4nasonic Tower) providing for a change in the location of the parking area for the tower. ORDERED on the motion of Alderman Fete, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 81-15 No. 97 - City Manager - Re: Release in Favour of Karen Distefano. The report recommends passage of a by-law to authorize a release in favour of Karen Distefano to the provisions of an agreement authorized previously, since the appropriate -4- conditions regarding connection to an existing sanitary sewer on Lundy~s Lane, have been met. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. No. 98 - Planning & Development Committee - Re: AM-17/80, Underhill~s Excavatj: and Contracting, Saner Road west of King Road. The report recommends approval of the subject applications and that Council certify by resolution that the application conforms to the Official Plan of the Niagara Palls Planning Area a4 amended and approved by the Minister of Housing. ORDERED on the motion of Alderman Fern, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. See Resolution No, See By-law No. 81-4 No. 99 - City Manager - Re: Establishment of Special Committee re: Court Facilities. The report recommends that a special ad hoc Committee be establis to meet with Provincial authorities regarding existing and future court house facilities. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted, and that Aldermen Cheesman, Fera and Merre and Mayor Thomson be appointed to the special committee. Carried Unanimously. No. 100 - City Manager - Re: Falls Industrial Park, Lot 22, Sale by Niagara Ready-Mix Limited to Lake Ontario Cement Limited. The report recommends passa~ of a by-law to authorize an agreement with Lake Ontario Cement Limited respectia the Cltyls consent to the sale of Lot 22, Plan 243, by Niagara Ready-Mix Limit[ to Lake Ontario Cement Limited. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that th~ report be received and adopted. Carried Unanimously. No. 101 - City Manager - Re: Stamford Arena. The report recommends that the City hire the firm of Ramex Systems Limited to take the necessary steps to provide a safe and proper refrigeration system for the ice surfaces at the Stamford Arena. The Director of Buildings & Inspections provided additional information regarding the existing system, the cost of the work and the firm recommended to do the work; in response to a number of questions raised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the report be redsired and adopted, Carried Unanimously. No. 102 - City Manager - Re: Training Course for Plumbing Inspectors. The report recommends that one member of the Buildings & Inspections Department be authorized to attend the Plumbing Inspectors ,(Part III) Advanced Course, . ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, tha~ the report be received and adopted. Carried Unanimously. No. 103 - City Manager - Re: 1981 Training Courses Sponsored by M.T.C. and the H.E.A,/M.O.E. The report recommends that six members of staff be authoriz[ to attend the various training courses offered by the M.T.C. and the M.E.A./ E D on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 104 - City Manager - Re: DiGasbarro Property, St. Clair at Huron~ The report recommends that the City Solicitor be authorized to prepare a lease. agreement between Nelli DiGssbarro and the City to provide for the leasing of certain parking spaces, and further that the by-law authorizing a cash- in-lieu agreement with Mr. DiGasbarro, be rescinded. ORDERED on the motion of Alderman Metfelt, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 105 - City Manager - Re: Parking Downtown. The report recommends that all oustreel metered parking spaces in the area bounded by Huron Street, Park Street, Victoria Avenue and River Road be used, without charge, on Saturdays between 10:00 a.m. and 6.'00 p.m. for a trial period. In response to several questions raised, Alderman MorTerr advised that the free Saturday parking would be implemented on a trial basis for around six months. There would be a loss of revenue of approximately $8,O00, with · this amount coming from tile Parking Fund which would not affect municipal taxes. Since each business area is separately funded, any loss of revenue would only affect the Downtown. Alderman Metfelt stated that the intent -5- of this action was to attract more people to the Do~ntown area, and 'hopefully any loss of revenue would be offset by the increased business. The Alderman also pointed out that this action was requested by the Downtown Board of Management, and the Parking and Traffic Committee would be more than willing to consider similar requests from other business areas. The Projects & Services Engineer advised that the Commissionaires will still be required on Saturdays to enforce the regulations concerning bus stops and no parking zones. Alderman Cummings asked if it would not be possible to have the Regional Police enforce these restrictions instead of having a Commissionaire patrolling the area for this reason only. The Projects & Services Engineer indicated that the Regional Police issue very few tickets, since on-street parking restrictions are difficult for them to enforce. In response to a further question raised by Alderman Cummings, the Projects & Services Engineer explained that there would be no reduction in cost since the City has an annual contract with the Commissionaires. If it is found that parking violations are not occurring, the Commissionaires can be moved to other areas. It was also pointed out that metered parking lots in the Downtown area which are not included in the recommendation, will require enforcement by the Commissionaires. In response to a question raised by Alderman Fera, the Projects & Services Engineer advised that the use of Commissionaires to enforce other parking restrictions, would be part of the review to be undertaken in several months. Following further comment, it was moved by Alderman Merrett, seconded. byAlderman Janvary, that the report be received and adopted. Carried Unanimously. NOTE: Alderman Dilts was absent when the vote was taken on this .matter. No. 106 - Mayor Thomson - Re: Parking and Traffic Tourjam Study. The report recommends that the Technical Committee and Consultants be .instructed to proceed with their work on the Parking and Traffic TourJam Study on the basis of - maximizing the growth of the tourism industry over the next 10 years; - recommending development proposals for the tourism commercial area involving all the participants in the industry; - and recommending a modern tourist transportation system as outlined in the report. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and. adopted. Carried Unanimously. NOTE.' Alderman DiltS was absent when the vote was taken on this matter. No. 107 - City Manager - Re: 1981 Tenders. The report recommends that the Purchasing Agent be directed to call tenders and/or quotations for certain services, equipment, materials and clothing required by various civic departments for their operation throughout the year. In response to a question raised by Alderman Merrett, ~yor Thomson advised that a qualified technician familiar with various pesticides, etc., is required to carry out rodent control. The Mayor did not feel the Humane Society staff had 'the qualifications to do such work, and also that the Society could perform the service more economically. Alderman Cummings asked if the tenders would be advertised or if only certain suppliers would be invited to submit quotations. The City Treasurer indicated that the tenders are advertised locally and throughout the Niagara Region. Some services are actually tendered Jointly with the Region and other area municipalities. Following further comment, it was moved by Alderman Somerville, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 108 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Manager and City Treasurer provided additional information on Cheques #3, 11, 14, 37, 51 and 154 in response to questions raised by Aldermen Cummings, Kerrio and Orr. ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that -6- the report be received and adopted. The motion CayFied with Aldermen Baker and Cu~ings abstaining on a conflict of interest on Cheque #112, and all others voting in favour. No. 109 - Finance Committee - Re: Permit Fees. The report recommends that the City increase its fees for building, plumbing and sign permits as follows 1) Building Permits - $5.00 per $1,000 of estimated building cost with a minimum permit fee of $20.00. (Previously $3.00 and $4.00 per $1,000, minimum $i0.00) 2) Sign Permits - 75¢ per square foot of sign with a minimum fee of $20.00. (Previously 50¢ per Sq. Ft., minimum fee of $5.00) 3) Plumbing Permit~ As outlined in schedule, e.g. plumbing inspection of an average new dwelling would increase from the present fee of $17.00 to $22.00. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried No. 110 - Finance Committee - Re: Disaster Assistance Request from the Town oJ Essex, Port Hope and Field-Springer. The report recommends that the informat~ in respect to the request for financial assistance be forwarded to the Association of Municipalities of Ontario with a request that they advise if it would be willing to circulate a resolution to co-ordinate requests of this kind among municipalities. Alderman Chessman expressed his disappointment that the Finance Committe~ could not make some kind of token contribution to deal with these requests. ., The Alderman did however appreciate the opinions expressed by other members of the Finance Committee that monies raised through taxes should be spent locally. Alderman Janvary took exception to the negative press coverage of the Finance Committee's review of this matter, and pointed out that the City has contributed to major disaster funds such as the Italian Earthquake Fund. Alderman Puttick suggested that if the A.M.O. was not interested in circulating a resolution concerning disaster relief to Ontario municipalities4 the Finance Committee could reconsider the matter. .1 Following further comment, it was moved by ~ldermmn Chessman, seconded by Alderman Dilts, that the report be received and adopted. The motion Carri~ with Alderman Baker voting contrary, and all others voting in favour. No. 111 - Pinanc~ Committee - Re: Oktoberfest Niagara, The report recommends that $4,000 be provided in the 1981 operating budget to assist Oktoberfest Niagara in offsetting 1980 costs. ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville, I' that the report be received and adopted. Carried Unanimously. No. 112 - Finance Co~ittee - Re: 1981 Interim Tax Levy. The report recommend' that Council approve an interim tax levy for 1981 with two instalments and' passage of by-laws to provide for the interim tax levy and collection of same,/ Alderman Chessman explained that a new provision had been included'in the by-law which provided that persons not paying their first insraiment on time, will be charged interest on both iustalments beginning the first da~ of the next month. This system was designed to encourage people to take advantage of the insraiment system. The City Treasurer further explained that failure to pay the first insraiment by the due date would resule in forfeiture of the right to pay by instalment, and the total bill will become due. Mrs. L. Savage was 8ranted permission to address Cobncil on the motion of Alderman Cummings, seconded by Alderman Baker. Mrs. Savage advised that she had taken a survey of twenty-five families, ranging 'in age from eighteen to sixty and over, regarding the proposed change in the insraiment payments. According to the results of her survey, Mrs. Savage indicated that most people were opposed to the change from the previous policy. Other remarks included suggestions such as monthly billing and prompter collection of business taxes. Nayor Thomson requested that Fats. Savage submit her written con~nenta to Council so that they could be studied by staff and an appropriate response prepared. The Mayor felt that some of Mrs. SavageIs statements were inaccurat and should be clarified so that no further misunderstandings would occur. 7 Several members of Council commented briefly on Mrs. Savage's statements, and provided explanations on why the City had found it necessary to take such action. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted, and further that Mrs. Savage's comments be referred to staff for preparation of an appropriate response. Carried Unanimously. See By-laws No. 80-13 and No. 80-14 No. 113 - City Manager - Re: Revision of Existing Provisions of By-law 72-40 Respecting Motorized Snow Vehicles. The report recommends that an opportunity be provided for all interested persons, organizations, etc. to comment on the need for revisions to By-law 72-40 as it relates to the operation of snowmobiles in the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 114 - City Manager - Re: Representation - Hospital Board of Governors. The report recommends that Council inform representatives of the Greater Niagara General Hospital that no change be made in the number of Aldermanic representatives on their Board of Governors. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 115 - Alderman Dtlts - Re: Employee Suggestion Plan. The report recommends that a $25.00 award be made to Mr. Richard Dodman for his sug- gestion regarding colour coding of oil supplies to prevent their misuse. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 116 - City Manager - Re: Proposed Street Name Changes. The report recommends that the date for considering the proposed by-law to change the names of streets or parts of streets on the attached schedule be fixed for the regular meeting of Council on Monday, February 23, 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted.- Carried Unanimously. No. 117 - City Clerk - Re: Consent Items. 1) Kimberly-Clark - Re: Walker Brothers Quarries Limited. Recommendation - That the firm be notified of Council's decision regarding the solid waste disposal site and the letter from Mr. Haycraft be referred to the special committee. 2) Regional Municipality of Niagara - Re: 1981 Interim Levy By-law. Recommendation - For the information of Council. 3) Boy Scouts of Canada, Niagara District Council - Re: Clean-up of River Road following the Blossom Festival Parade. Recommendation - That approval be granted and the organization be thanked for its community interest. Boy Scouts of Canada, Niagara District Council - Re: 1981 Scout Apple Days. Recommendation - Approval be granted. Knights of Columbus, 4th Degree Assemblies - Re: Request to Hold Parade. Recommendation -That the request be approved subject to approvals being received from all affected agencies, i.e. Police, Region, etc. 6) Ontario Heart Foundation - Re: Proclamation of February as Heart Month. Recommendation - That the request be approved. 7) Kinsmen Club of Niagara Falls - Re: Declaring the Week of February 16th as Meritage Week in Niagara Falls. Recommendation - That the request be approved. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. 4) '5) No. 118 - Loan Review Committee - Re: Applications for Assistance. The report recommends approval of seven applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts~ that the.report be received and adopted. Carried Unanimously. RESOLUTION No. 10 - FERA - MERRETT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 81-12 for the rezoning of lauds on the north side of Sauer Road, west of King Road, conforms to the Official Plan of the Niagara Falls Planning Area, as amended and approved . by the Minister of Housing; AND the Seal of the Corporation be hereto affixed.,t Carried Unanimousl' BY-LAWS ORDERED on the motion of Alderman Dtlts, seconded by Alderman Cheesman,' that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-11 - A By-law to amend By-law No. 3790, being a by-law for the regulati~ of traffic. (Keith Street) 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-17/8(. Underhill) No. 81-12 - No. 81-13 - A By-law to provide for an interim levy of taxes. No. 81-14 - A By-law to provide for the collection of interim taxes for the year 1981. No. 81-15 - A By-law to authorize the execution of an agreement with Bolus- Revelas-Bolus Limited. No. 81-16 - No. 81-17 - A By-law to authorize the execution of a release. (K..Distefano) A By-law to authorize an agreement with Lake Ontario Cement Limited respecting Lot 22 in the Falls Industrial Park. A By-law to provide monies for general purposes. Carried with Alden ' ~ Baker and Cunmings staining on a confl of interest on CheI' #112 of By-law 81-2 and all others vot~ in favour. No. 81-18 - 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. 81-11 - A By-law to amend By-law No. 3790, being a by-law for the regulatic of traffic. (Keith Street) amend By-law No. 395, 1966 of the former Township of now in the City of Niagara Falls, as amended. (AM-!7/gC' No. 81-12 - A By-law to Willoughby, 'Underhill) A By-law to A By-law to year 1981. provide for an interim levy of taxes. provide for the collection of interim taxes for the No. 81-13 - No. 81-14 - No. 81-15 - A By-law to authorize the execution of an agreement with Bolus- Revelas-Bolus Limited. No. 81-16 - NO. 81-17 - A By-law to authorize the execution of a release.' (K. Distefano) A By-law to authorize an agreement with Lake Ontario Cement Limited: respecting Lot 22 in the Falls Industrial Park. A By-law to provide monies for general purposes. Carried with Alder~ Baker and Cummings staining on a confl of interest on Cheq #112 of By-law 81-1 and all others voti in fayour, No. 81-18 - -9- NEW BUSINESS PUBLIC MEETING - STANLEY AVENUE/VALLEY WAY Alderman Cummings reminded members of Council of the public meeting to be held on January 28, 1981 regarding improvements to the intersection of Stanley Avenue and Valley Way. Y.M.C.A. SWIM-A-THON Alderman Cununings announced that the Council team competing in the upcoming Y.M.C.A. Swim-A-Thon will be composed of Aldermen Orr, Kerris, Baker and Puttick. In this regard, Mayor Thomson advised that in order to promote sponsor- ship of participants in the Swim-A-Thon, the Y.M.C.A. was offering a year's membership to the winner of a draw. The Mayor suggested that the City offer one day vacation in a similar draw for City employees sponsoring participants in the Swim-A-Thon. It was moved by Alderman Cummings, seconded byAlderman Fera, that one day of vacation be offered as a prize in a draw for City employees sponsoring participants in the Y.M.C.A. Swim-A-Thon. Carried Unanimously. PARAMEDIC PROGRAMME Alderman Merrett advised that in a recent newspaper article, he had read of the intention of the Ministry of Health to expand its paramedic programme in various municipalities. While the Ministry would not be saying which municipalities should have a programme, those wishing to initiate such a programme would be assisted by the Ministry. In view of the large number of visitors to the City each year, the Alderman felt such a programme would be advantageous in Niagara Falls. It was moved by Alderman Merrett, seconded by Alderman Cheesman, that staff be directed to contact the Ministry of Health regarding participation in a paramedic progfamme. Carried Unanimously. AMERICAN CURRENCY - GREATER NIAGARA GENERAL HOSPITAL Alderman Marrett advised that during a recent visit to the emergency wing of the Greater Niagara General Hospital, he had noticed a large sign posted which indicated that no exchange would be paid on American currency. The Alderman felt that an approach should be made to the Hospital Board to comment on this policy, and also whether or not the Hospital would consider paying some amount of exchange in view of the tourist oriented nature of the City. Alderman Cheesman indicated that he had spoken to hospital officials several months earlier, and had been told that there would be some token allowance made for American funds. The Alderman advised that hospital officials felt certain administrative p[oblems were involved when dealing with foreign currency and also that the hospital did not have the same obligations as commercial establishments. Alderman Cheesman offered to contact the Hospital Board on this matter again and indicated that he would report back to Council. HOSPITAL ENTRANCE - NORTH STREET Mayor Thomson referred to the entrance to the hospital parking lot on North Street and stated that the pay booth at the entrance was causing serious traffic problems on North Street. Motorists must have money available to pay the attendant on the way into the lot, and cars waiting to be let into the lot are blocking traffic on North Street. The Mayor suggested that these problems could be reduced if motorists were required to pay on the way out of the lot, and also if some road widening took place. It ~as moved by Alderman Cheesman, seconded by Alderman Kerris, that staff contact the Hospital Board in an effort to resolve the problem. Carried Unanimously. AVAILABILITY OF LAND - NIAGARA FALLS HYDRO Alderman Kerris referred to the fact Niagara Falls Hydro was looking for property on which to locate a new building, and asked if the City was promoting lands in the Industrial Park. Mayor Thomson indicated that the Industrial Park had been considered, however the location did not meet the requirements of the Comtssion. ..... lO - 10 - SPECIAL COMMITTEE ON WARD SYSTEM AND METHOD OF REPRESENTATION It was moved by Alderman Orr, seconded by Alderman Kerrio, that Alderman Puttlck be appointed as Chairman of the special committee studying the ward system and method of representation. Carried Unanimously. PLANNING & DEVELOPMENT COMMITTEE Alderman Fera noted that Alderman Puttick had declined the appointment to the Planning & Development Committee and asked that some other member of Council consider serving on the Committee. CONDITION OF CANADIAN FLAGS - BUSINESSES ON LUNDY'S LANE Alderman Kerrio advised that he had received complaints regarding the condition of Canadian and other flags at certain motel properties on Lundy's Lane, and asked staff to determine if anything could be done. NIAGARA FOLLIES Alderman Janvary advised that the Niagara Follfes requires more volunteer~ for its entertainment evening to raise funds for the mentally retarded. '1 It was moved by Alderman Cheesman, seconded by Alderman Fore, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 February 9th, 1981 Council met on Monday, February 9th, 1981 at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Puttick. Alderman Baker 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 February 9th, 1981 Council met on Monday, February 9th, 1981 at 7:35 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 Baker offered the Opening Prayer. ADOPTION OF MINUTES Alderman Baker requested that he be shown as voting contrary to Report No. 92 in the Council Minutes of the meeting held on January 19th, 1981. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the minutes of the meeting held on January 19th, 1981 be adopted as amended, and that the minutes of the meetings held on January 12th and 26th, 1981, be adopted as printed. Carried Unanimously. DEPUTATIONS MRS. P. MILLINGTON - RONALD MCDONALD HOUSE Mrs. P. Millington was granted permission to address City Council on the motion of Alderman Cummings, seconded by Alderman Baker. Mrs. Millington advised that when her son was taken seriously ill with leukaemia, it was necessary for her to spend nearly tweI~e weeks in Toronto while her son was being treated at Sick Children's Hospital. While she was staying in Toronto, Mrs. Millington advised that she heard a great deal about the creation of Nonald McDonald House, a residence to be provided for the parents of children being treated at Sick Children's Hospital for leukaemia or other cancer related diseases. Mrs. Millington stated that as yet, Ronald McDonald House has not been established due to a shortage of funds. Since children from all over Ontario and Canada are treated at the Toronto hospital, Mrs. Millington hoped that City Council could assist in setting up a local campaign to raise the much needed funds, and possibly issue a challenge to other municipalities in the Region to take similar action. Mrs. Millington requested that any assistance Council could offer, whether in the form of a donation or through public recognition of the fund raising efforts, would be greatly appreciated. Mayor Thomson Suggested that Mrs. Millington provide some of the buttons promoting Ronald McDonald House that could be sold, and also that the Finance Committee discuss some means by which the City could support the fund raising efforts. Alderman Cummings offered his assistance or participation in any fund raising events planned. Alderman Chessman suggested that Children's Oncology Care of Ontario be contacted for further information that the Finance Committee could review. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Chessman, that the request be referred to the Finance Committee. Carried Unanimously. . .... 2 -2- GREATER NIAGARA TRANSIT CO~fi~ISSION - FINANCIAL STATEbtENTS Communication No. 43 - Niagara Chair-A-Van - The communication provides information on the statement of affairs in respect to transportation of the physically disabled for 1980. Mr. G. Mowers, Chairman of the Commission and the Management Board of Niagara Chair-A-Van, provided information on the operation of transportati~ for the physically handicapped in response to a number of questions raised. Communication No. 44 - Greater Niagara Transit Commission - The communication provides information on the affairs of the Commission for the year 1980, and recommends a 10¢ fare increase for adults and 5¢ fare increase for students and senior citizens. Mr. Mowers, Chairman of the Commission, provided additional information regarding the recommended fare increases in response to a question raised by Alderman Baker. Alderman Cummings commented that the new maintenance facilit!l on Park Street was a source of revenue to the Commission that many municipali~! do not have, and was therefore saving the citizens in Niagara Falls from payi~ higher fares. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Dilts, that both communications be received and accepted, and further that the recommended fare increases be approved. Carried Unanimously.! MINISTRY OF NATURAL RESOURCES ~ Miss P. Hardy of the Ministry of Natural Resources was granted permissior~,' to address Council on the motion of Alderman Chessman, seconded by Alderman Dilts. Miss Hardy showed a slide presentation to the Council and explained the Ministry's resource management programs currently operating in the Niagara District and proposed land use schemes. Mayor Thomson referred to previous submissions that had been made to Council regarding the use of leg-hold traps, and asked Miss Hardy if she could~ provide any information on the Ministry's views on these traps. Miss Hardy explained that all trappers are licenced with the Ministry, however she would have to check with the District Biologist to get more detailed information on the matter. In response to a further question by Mayor Thomso Miss Hardy indicated that she would ask officials of the Ministry to provide any information available. UNFINISNED BUSINESS INTERSECTION OF STANLEY AVENUE AND VALLEY WAY Report No. 119 - Municipal Works Committee - The report recommends that the City Manager be authorized to take all necessary steps for the property acquisition required for improvements at the intersection, that the necessary funds to complete this project be included for consideration in the 1981 Operating Budget, and that improvements to reduce traffic volumes on Valley Way east of Stanley Avenue be examined. In response to a question raised by Alderman Merrett, the City Manager ~ indicated that the intent of the report was to authorize preliminary work suck as surveys and appraisals at this time, and no actual property acquisition would take place without prior consultation with Council. ORDERED on the motion of Alderman Cummings, seconded byeAlderman Baker, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 45 - Social Planning Council - Re: Report of the M Hoc Liquor Licensing Study Committee. The communication outlines the following recommendations: 1) That the City of Niagara Falls strongly reconunend to the Liquor Licerice Board of Ontario that inspection of licensed premises be be done as frequently as is necessary to assure that regulations are not contravened; 2) That the City of Niagara Falls recom~end to the Liquor Ltcence Board of Ontario that the only acceptable proof of age will be a photo identification card and that notice be issued to all licensed premises advising of this change, and ~that students also should,be so advised through notice to the secondary school ",( . -3 - (3) That the City of Niagara Falls recommend to the Liquor Licence Board of Ontario that more stringent control be enforced with regard to underage persons serving and/or consuming alcoholic beverages. Mayor Thomson introduced the representatives of the special ad hoc LiqUor Licensing Committee - Mr. J. Cairns and Mrs. I. Leffler, as well as Mr. P. Marshall and Mrs. M. Nagy of the Social Planning Council. Mr. Cairns, Chairman of the Committee, indicated that it was the group's finding that the controls are in place, and that problems occur with the enforcement of those controls. Mayor Thomson thanked the Committee for the many volunteer hours spent on the formulation of recommendations for Council's consideration- Alderman Cummings indicated that probably a great deal more time was spent by the volunteers in reading and reviewing the legislation and in preparing reports. The Alderman also suggested that in future, copies of the Liquor Licence Board's notices of application could be sent to the Social Planning Council. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Dilts, that the recommendations of the Liquor Licensing Conunittee be adopted. Carried Unanimously. No. 46 - Social Planning Council - Re: 15th Annual Report of the Social Planning Council. The provides information on the proceedings of the 1981 Annual Meeting of the Social Planning Council and 1980 financial statements. ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the- report be received and accepted- Carried Unanimously. No. 47 ~ City of Thorold - Re: Integration of Industrial Development Offices. The communication requests endorsation of a resolution calling for the integration of all four industrial development offices and their staffs from the area municipalities of St. Catharines, Niagara Falls, Fort Erie and Welland, as well as the Regional Niagara Tourist Council into the newly created Regional Department of Economic Development, and that legislation be amended to provide that the Region be recognized as having the official economic development function. Mayor Thomson felt that possibly Thorold officials were not aware of the creation of a task force with Regional Councillors E. Bergenstein and W. Dickson, that will be speaking to the various municipalities regarding economic development. The Mayor stated that there is not sufficient support at this time for the Woods Gordon report to be adopted in any form, and the City has been working with the B.I.G. Agency to determine if there is some type of Regional industrial development committee that would be acceptable to the City. The recommendation to eliminate local industrial development bodies and have this function taken over by the Region has been consistently objected to by the B.I.G. Agency and Council, and the Mayor expressed his annoyance with municipalities having no industrial promotion facilities of their own, when they suggest that the City eliminate its B.I.G. Agency when it has been so successful. "~ : Mr. R. Sorley, President of the B.I.G. Agency, felt that Thorold had passed the resolution with all good intentions, and possibly was not aware of the progress being made on the matter. Mr. Sorley hoped that Council would consider Thorold's resolution as premature and in not supporting it, make it clear that this does not mean that Niagara Falls is not co-operating. The City Clerk referred to a letter received from the Visitor and Convention Bureau which expresses objection to that portion of the Woods Gordon Report pertaining to the tourist industry in which it is recommended that tourjam be under the Regional Government. Mayor Thomson suggested that a letter of explanation should be sent to Thorold indicating what steps have been taken, as well as copies of recent articles and editorials in the press concerning local industrial promotion. Alderman Chessman expressed his amazement that this type of resolution could be circulated around the Region, completely ignoring the work of the past two years. Alderman Orr felt that any letter to Thorold should include the co~nnente of the N.R.T.A. with respect to tourtsm. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Dilt8, that the resolution not be supported. Carried Unanimous!X. -4- No. 48 - Niagara South Board of Education - Re: Surplus School Properties. The communication advises of the availability of certain school properties and asks if the City is interested in acquiring any of the properties. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fare, that the connnunication be referred to staff for the preparation of a report. Carried Unanimously. No. 49 - Stamford Centre Volunteer Firemen's Association - Re: Grant in Lieu of Taxes. The communication requests a grant in lieu of taxes on the Fire Hall on Longhurst and the Firemen's Park property at the end of Dorchester R~ ORDERED on the motion of Alderman Fare, seconded by Alderman Herrart, that the communication be referred to the Finance Committee. The motion Carried with Alderman Cummings abstaining on a conflict of interest, and all others voting in favour. No. 50 - Project Trillium - Re: 1981 Grant. The communication requests a 1981 City grant of $2,600 to defray this year's program expenses. ORDERED on the motion of Alderman Fare, seconded by Alderman Chessman, that the conununication be referred to the Finance Committee. Carried Unanimously,s Mayor Thomson advised that the Council appointment to the Project Trillium has usually been a citizen appointee, and Mrs. H. Herrerr had expressed an interest in serving in this capacity. ORDERED on the motion of Alderman Cunmings, seconded by Alderman Orr, that Mrs. H. Herrerr be appointed to the Project Trillium for the years 1981 and 1982. Carried Unanimously. No. 51 - Residents of Highway #20 - Re: Water Service. The communication requests the extension of municipal water service from Niagara Falls to these, properties in Thorold. ORDERED on the motion of Alderman Cun~tngs, seconded by Alderman Chessman, that the communication be referred to the Regional Municipality of Niagara for comment. Carried Unanimously. No, 52 - Residents of Sixth Avenue - Re: Tractor-Trailer Problem at Hamilton Street and Sixth Avenue. The communication requests assistance in resolving the tractor-trailer problem at the property on the corner of Hamilton Street t and Sixth Avenue. ORDERED on the mation of Alderman Chessman, seconded by Alderman Herrart, that the communication be referred to staff for the preparation of a report to be submitted in two weeks. Carried Unanimously. No. 53 - Township of Wainfleet - Re: Walker Bros. Disposal Site for Non-Hazar Industrial Wastes. The communication advises that the Township of ,Wainfleet supported the proposal of Walker Bros. Quarries Ltd. to establish a disposal site for non-hazardous industrial wastes. in the City of Niagara Falls. i' ORDERED on the motion of Alderman Chessman, seconded by Alderman Fare, that the communication be received and filed. Carried Unanimously. No. 54 - Niagara District Airport Commission - Re: Financial Statements. The communication submits copies of the 1981 approved budget and auditor's statem for the Co~mission. ORDERED on the motion of Alderman Cununings, seconded by Alderman Orr, that the communication be referred to the Finance Committee's 1981 Operat.ing Budge discussions. Carried Unanimously. No. 95 - Beta Signm Phi - Re: Beta Sigma Phi Week - Aprii 26th to May 2nd, 19 The communication requests that the week of April 26th to May 2nd, 1981, be proclaimed Beta Sigma Phi Week in honour of the organiz~tion's fiftieth anniversary in 1981. ORDERED On the motion of Alderman Cummings, seconded ~y ~Llderman Fare, that the request be approved subject to the established policy on proclamations. Carried Unanimously. No. 56 - Niagara Parks Con~nission - Re: Commemorative Stamp. The communicatt requests the support of the City in requesting the Federal Government to prin a stamp featuring the Falls in recognition of the Commission~s centennial in 1985. ORDERED on the motion of Alderman Fare, seconded by Alderman Chessman, that Council support the request of the Niagara Parks Commission for the issuance of a commemorativestemp. Carried Unanimously. See Resolution N~ 5 No. 57 - Businesses on Valley Way - Re: Closing of Valley Way. The com- munication expresses opposition to the construction of a cul-de-sac at Valley Way and Morrison Street blocking off this route to the business area. )~yor Thomson stated that the suggestion to create a cul-de-sac at Valley Way and Morrison Street had been mentioned as one alternative to deal with heavy traffic on the residential section of Valley Way. The Mayor pointed out that this comment had only been made as a suggestion, and that Council had not endorsed any such action. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the conununication be received and filed, and that a letter of explanation be sent to the businesses on Valley Way. Carried Unanimously. No. 58 - Niagara Peninsula Conservation Authority - Re: Annual Press and Council Open House. The communication extends an invitation to the members of Council to attend the annual Press and Council Open House as part of Maple Syrup Days at Sugar Bush on March 5, 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the invitation be accepted and as many members of Council as possible attend the function. Carried Unanimously- No. 59 - Teachers and Students of N.F.C.V.I- - Re: Parking on Epworth Circle. The communications express concern regarding parking violations issued on Epworth Circle during the evening. Alderman Cummings confirmed that there has been a problem in this area, . since he had received a ticket for parking on Epworth Circle in an area where there were no signs to indicate a "no parking" zone. In response to a question raised by Alderman Schisler, Mayor Thomson explained that there was some confusion on the part of the writer of one of the communications regarding a recent decision by the Supreme Court of Ontario which held that although the owner of a vehicle which was parked by a person other than the owner in contravention of a parking by-law may be liable for the penalty, the owner was not guilty of an offante. Alderman Fera felt that the Regional Police should use some discretion when issuing such tickets. The Alderman also pointed out that ~the City was not responsible for plowing of school parking lots. Following further comment, it was movQd by Alderman Dilts, seconded by Alderman Orr, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 60 - Mr. J. Graaskamp - Re: 1980 Municipal Election Records. The communication requests the City to save and preserve in its original sealed condition the ballot box and contents and all other documents pertaining to Polling Subdivision No. 1-23 for future legal disposition in connection with a possible Provincial inquiry into the 1980 Niagara Falls municipal election. ~ ~ The City Clerk advised that according to the Municipal Elections Act, the clerk shall retain in his possession for ninety days from the date of the poll for an election all the ballots in the election and, unless otherwise directed by an order of a Judge or officer having Jurisdiction to inquire as to the validity of the election, shall then destroy them in the presence of two witnesses. The City Clerk explained that according to this Section 89, the legislation is not permissive, but specific and directs the destruction of the records. Neither the Council or the clerk have authority to vary from the instructions. The City Clerk further advised that the ninety day period has expired, and the ballots will be destroyed the next morning. In response to a question raised by Alderman Baker, the City Clerk confirmed that . even if the Council wanted to retain the ballots, it had no authority to do so. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fare, that the communication be received and filed. Carried Unanimously. REPORTS No. 120 - Planning & Development Committee - Re: AM-15/80, Gru-Reco Ltd., 5599 River Road (Miehael's Inn). The report recommends approval of the application to permit the construction of a three storey addition to an existing four storey hotel and the cons~ruction of a parking structure. -6- Mr. A. Sheppard, solicitor for the Niagara Parks Comission, stated that Council in dealing with the River Road study, had directed that contact be made with the Niagara Parks Conuntssion, the Social Planning Council and also that consultants be retained to further study the River Road area. It was Mr. Sheppard's feeling that this action indicated the Ctty's intention to provide for the proper development of River Road. Mr. Sheppard also referred to the recent decision of the Ontario Municipal Board on the Niagara River Inn proposal in which it was stated that the proposed inn was less intrusive environmentally than Michael's Inn, and commented that anything more would be unacceptable- As mentioned during the hearing of the subject application by the Planning & Development Committee, Mr. Shoppard noted that access to the rear of the building by Fire Department vehicles was not possible. Mr. Sheppard felt that by approving the application, Council would be overruling its own Fire Department, the Planning & Development Committee, the River Road Study and Council's own motion of January 19th dealing with the River Road Study. Mr. Broderick, solicitor for the applicant, pointed out that the final proposal will provide access to the rear of the building. The property immediately adjacent to the building has been purchased, and Mr. Broderick explained that a roadway will be provided through this property which will permit access to the rear parking area and the back of the building. Alderman Orr suggested that the application be referred back to the Planning & Development Committee for the benefit of the newer members of Council, since the matter had been dealt with during the previous Council term. Alderman Merrett pointed out that the application had been duly heard by the Planning & Development Committee and approved, and it was not always possible to have such matters heard by Council during the same term. With respect to the River Road Study, Alderman Merrett pointed out that the motion of Council on January 19th was made with the knowledge that the resoning application for Michael's Inn had been approved by the Planning and Development Committee. FAr. J. Hennessey of Drummond Road expressed Concern for the integrity of the rock foundation on which River Road and the subject property is built, particularly in view of the recent watermain construction in this general area. Mr. Heunessey felt that'by permitting the expansion of the existing building, further.stress was being placed on an already unstable foundation. Mrs. . Wells felt that Council should be more concerned with assisting the Niagara Parks Commission in preserving the area for the enjoyment of visitors to the City, than with putting more floors on an existing motel. Iu response to a question raised by Alderman Cheesmmn, FAr. Broderick explained that prior to the Planning & Development Committee hearing in March of 1980, the applicants retained a geotechnical firm from Toronto to study the rock foundation in the area. According to the study, it was determined that the rock foundation is more than adequate to handle an additional three storeys on the building. Mr. Broderick also pointed out that the last thing ~his clients wanted was to construct an addition that Would present a risk ' to their property or guests. Alderman Baker felt that Council should table the application until the comments of the Social Planning Council and the consultants have been received, and that any decision made on the application at this point would be premature, Following further comment, it was moved by Alderman Baker, seconded by Alderman Orr, that the application be tabled pending receipt of the comments of the Social Planning Council and the consultant retained to further study the River Road area. The motion was Defeated with the following vote: AYE: Aldermen Chessman, Baker, Janvary and 0rr. NAYE: Aldermen Cunm!ings, Dilts, Fera, Merrett, Schisler, Kerrio and Somerville It was then moved by Alderman Fera, seconded by Alderman Dilt8, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cummings, Dilts, Fera, Herrerr, Schisler, Kerrio and Somerville gA~E: Aldermen Chessman, Baker, Janvary and Orr. Mayor Thomson pointed out that a vacancy was still remaining on the Planning & Development Committee since Alderman Puttickhaddeclined his - ~ ~7 7 appointment to the Committee. The Mayor advised that Mr. David Mackenzie, a former member of Council, had expressed an interest in serving on the Committee. It was moved by Alderman Schisler, seconded by Alderman Orr, that Mr. David Mackenzie be appointed to the Planning & Development Committee for the years 1981 and 1982. Carried Unanimously. NOTE:. Alderman Fera retired from the meeting. No. 121 - Planning & Development Committee - Re: AM-22/80, Famous Players Ltd., Pyramid Place. The report recommends approval of the application to permit a proposed expansion of Pyramid Place and the creation of a parking area on another site nearby. Mr. S. Szalga indicated that although he was not opposed to the rezoning, he was concerned about a number of matters - the layout of the new parking area, the availability of a green buffering area, proper drainage of the parking lot and future use of the land if it were sold. With respect to the first three items, Mayor Thomson and the Senior Planner indicated that these matters would be handled through site plan controls. As far as future use of the property, the City Solicitor explained that the property'is being zoned to permit parking. ~ only. Mr. White representing the applicant, provided additional information: in response to a number of questions raised. Mayor Thomson suggested that Mr. Szalga be given an opportunity to review the site plan for the proposal and make any suggestions or express his concerns at that time. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. NOTE: Alderman Dilts was absent when the vote was taken on this matter. No. 122 - City Manager - Re: Ryerson Market Park. The report recommends the purchase of property at 4490 Ellis Street required for the RyersonMarket Park. ORDERED on the motion of'Alderman Cheesman, seconded by Alderman C,mmings, that the report be received and adopted-. Carried Unanimously- No. 123 - City Manager - Re: Stopping Up and Closing Part of Unopened Portion of McCredie Road. The report recommends passage of a by-law to authorize the sale and conveyance of part of the road allowance between Township Lots Nos. 12 and 13, Concession 7 in the former Township of Willoughby. The City Solicitor provided additional information in response to a number of questions raised by Aldermen Schisler and Baker. ,.ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-law No. 81-21 No. 124 - City Manager - Re: Balmoral Court Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the City of Niagara Falls concurs with a one year extension of draft plan approval to February 26th, 1982, in respect to the subject subdivision. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 125 - City Manager - Re: Westway Estates Subdivision, The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the City of Niagara Falls concurs with a one year extension of d~aft plan approval to April 15th, 1982, in respect of the subject subdivision. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously, No. 126 - City Manager - Re~ Extension of Development Plan Approval'- King's Inn Motor Lodge, 5525 Ferry Street. The report recommends approval of a two year extension of the subject Development Plan to March 21, 1983. Alderman Orr indicated that she was opposed to unlimited extensions of this development plan approval, and pointed out that A~terest rates and -8- construction costs were not likely to improve in the future. ORDERED on the motion ~f Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 127 - City Manager - Re: Site Plan Approval for Proposed 21 Unit Apartment Building on Dorchester Road. The report recommends approval of the subject site plan subject to certain conditions. ORDERED on the motion of Alderman Dilts, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 128 - City Managsr - Re: Falls Industrial Park Extension. The report recommends the sale of Lots 35 and 36 and part of 34, Plan M-67 to Washington Mills Limited at the rate of $11,000 per acre for about 14.4 acres at a total cost of approximately $158,400, and the sale of that portion of Anderson Crescent on Plan M-67 located generally north of the southerly limit of Lots 34 and 36 at a rate of $11,000 per acre, subject to certain conditions. The City Manager provided additional information on a number of the conditions imposed on the sale, in response to questions raised by Aldermen Baker and Schisler. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 129 - City Manager - Re: Requests for Building Permits - Willoughby Area. The report provides background on requests by Mr. K. Kuhn and Mr. F. Maraldo for the issuance of building permits in former Willoughby Township, and recommends that the matter be tabled for two weeks. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 130 - City Manager - Re: Heavy Vehicles on Mayfair Drive. The report recommends the preparation of a by-law to prohibit heavy trucks from using Mayfair Drive between Swayze Drive and Portage Road. ORDERED on the motion of Alderman Chsesman, s~conded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 131 - City Manager - Re: Crowland Avenue - Lyons Creek Road Intersection.p The report recommends preparation of a by-law to allow an interim four-way stop at the intersection, followed by stop signs on Lyons Creek Road at its intersection with Crowland Avenue. ORDERED on the motion of Alderman Schialer, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 132 - City Manager - Re: Intersection of Valley Way and Sixth Avenue. The report recommends preparation of a by-law to provide for the erection of a stop sign facing northbound traffic on Sixth Avenue at its intersection with Valley Way. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett~ that the report be received and adopted. Carried Unanimqusly. No. 133 - City Manager - Re: Intersection of Kister Road and Progress Street. The report recommends preparation of a by-law to provide for the erection of yield signs facing both approaches of Progress Street at its intersection wit~ Kister Road. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the report be received end adopted. Carried Unanimously. No. 134 - City Manager - Re: Amendment to Penalty Provisions in Parking By-la4 The report recommends passage of by-laws amending the penalty provisions in previous by-laws prohibiting or regulating parking. The City Solicitor provided additional information on the amendments which were necessitated by s recent decision by the Divisional Court of the Supreme Court of Ontario holding that although the owner of a vehicle which was parked by a person other than the owner in contravention of a parking by-law may be liable for the penalty, the owner was not guilty of an offshoe. ORDERED on the notion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-laws 81-22 81-30 No. 135 - City Manage~-~Rez Building and Inspections Department Report for -9- January, 1981. The report provides current news relative to permit statistics and development proposals for the month of January, 1981. ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 136 - Municipal Works Committee - Re: Municipal Engineers Association Annual Meeting. The report recommends that two engineers from the Municipal Works be authorized to attend the MEA Annual meeting for a period of two days instead of the usual three days permitted in other years, to be held in Toronto commencing February 23, 1981. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 137 - City Manager - Re: Training Course for Building Inspectors- The report recommends that one member of the Buildings & Inspections Department be authorized to attend the Advanced Building Inspectors Course from March 15 to 20, 1981. ORDERED on the motion of Alderman Dilts, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 138 - Finance Committee - Re: Requests for Sponsorship of Advertising. The report recommends adoption of the policy dealing with requests for sponsorship of advertising in school yearbooks, conference or convention programmes, sporting events, special publications, etc. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary,. that the report be received and adopted. Carried Unanimously. No. 139 - Finance Committee - Re: Staff Security Bonds. The report recommends that the Bond and Money Policy No. 4-85-58-36 with Royal Insurance Canada be reviewed, accepted and approved. ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Merrett abstaining on a conflict of interest, and all others votin.g in favour. No. 140 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Manager provided additional information on Cheques #282, #304 and #502 in response to questions raised by Aldermen Orr and Schisler. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, 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. 141 - Finance Committee - Re: Jeux Canada Games. The report recommends that Council approve the decision of the Finance Committee and the Recreation Co~mnission that no financial assistance be provided by the City for the 1981 Jeux Canada Games. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and adopted~- Carried Unanimously. No. 142 - City Manager - Re: N.I.P. Transfer of Funds from Drummond South to Glenview. The report recommends passage of a by-law to authorize the signing of Supplementary Provincial-Municipal Agreements for the transfer of $39,500 in unused funds from the Drummond South Area to the Glenview Area. In response to a question raised by Alderman Cummings, the Director of Buildings and Inspections advised that the implementation of the Shriner's Creek proposal was holding up improvements proposed for the Woodbine Area. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 143 - City Manager - Re: C.S.C.P. Maple Area - Implementation Agreement. The report recommends passage of a by-law to authorize the signing of the Municipal/Provincial Agreement for the Maple Area - Community Services Contribution Program. In response to a question raised by Hayor Thomson, the Director of Buildings & Inspections advised that the December 31st~ 1981 deadline for completion of 50~ of the construction under the.program was not flexible, however he felt that unless some type of trade strike were to occur, the deadline could be met. Alderman Schialer requested that progress reports be given to Council periodically during the year. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. - 10 - No. 144 - City Manager - Re: Ontario Municipal Personnel Association. The report recommends that the Personnel Officer be authorized to attend the Spring Workshop of the Ontario Municipal Personnel Association to be held in Peterborough from April 1 to 3, 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 145 - Mayor Thomson - Re: Year of the Disabled. The report recommends that in recognition of 1981 as the "Year of the Disabled", the City provide complimentary parking meter permits to all owners of vehicles who are permanently disabled, and that this suggestion be referred to the Parking Committee in order that the criteria for granting the permits can be worked out. Mayor Thomson provided additional information on the matter in response to a number of questions raised. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, tha!. the report be received and adopted. Carried Unanimously.. RESOLUTIONS No. 11 - FERA - CHEESMAN - RESOLVED that the Council of the Corporation of thai City of Niagara Falls support the request of the Niagara Parks Commission for ~ the issuance of a commemorative stamp in honour of the Commission~s Centennial in 1985; AND the Seal of the Corporation be hereto affixed. Carried Unanimous~ No. 12 -CHEESMAN - KERRIO - RESOLVED that pursuant to the Public Transportat~ and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy funds for transportati~ of the physically disabled in the amount of $28,676 under the Combined Capita]~ and Operating Assistance Progr~mme; AND the Seal of the Corporation be hereto! affixed. Carried Unanimousl' No. 13 - BAKER - KERRIO - RESOLVED that the Corporation of the City of Niagan, Transportation and Highway Improvement Act on expenditures made during year 1980 in the amount of $3,916,362.92; AND the Seal of the Corporation be I hereto affixed. Carried Unanimous~ No. 14 - CUMMINGS - ORR - RESOLVED that a message of condolence be sent to the family of the late Mr. C. Towers, a respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimous] BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that leave be granted to introduce the following by-laws, cud the by-laws be read a first time: No. 81-19 - A By-law to amend By-laws Nos. 79-200 and 5335, 1955 of the City of Niagara Falls9 as amended. (AM-15/80, Gru-Reco Ltd.) No. 81-20 - A By-law to amend By-laws Nos. 79-200 and 5335, 1955 of the City of Niagara Falls, as amended. (AM-22/80, Pamous Players Ltd.) No. 81-21 - A By-law to stop up and close and to authorize the sale and conveyance of part of the unopened road allowance between Township.. Lots Nos. 12 and 13, Concession 7 in the former Township of Willot No. 81-22 - No. 81-23 - A By-law to amend By-law No. 3790 for the regulation of traffic. A By-law to amend By-law No. 72-132 to provide for the use of park meters on streets. No. 81-24 - No. 81-25 - A By-law to amend By-law No. 7878, 1969 as amended, respecting parking lots in the City of Niagara FallG and for regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. A By-law to amend By-law No. 76-90 to prohibit the parking or lea~ of motor vehicleson property of the Corporation ~f the City of Niagara ,Falle~ -~ ..... 11 - 11 - No. 81-26 - A By-law to amend By-law No. 80-77 to prohibit the parking or leaving of motor vehicles on private property and property owned or occupied by the Corporation of the City of Niagara Falls or any local board thereof. No. 81-27 - A By-law to amend By-law vehicles on a portion of No. 81-28 - A By-law to amend By-law vehicles on a portion of No. 71-104 to restrict the parking of the Sylvia Place Parking Lot. No. 78-111 regulating the parking of the Sylvia Place Parking Lot. No. 81-29 - A By-law to amend By-law No. 74-176 for regulating the parking of vehicles on a parking lot adjacent to City Hall. No. 81-30 - A By-law to amend By-law No. 76-275 for regulating the parking of vehicles on parking lots on Park Street. No. 81-31 - A By-law to authorize an agreement with Her Majesty the Queen in Right of the Province of Ontario, represented by the Minister of Housing, respecting the Neighbourhood Improvement Programme for the Glenview Redevelopmeat Area. No. 81-32 - A By-law to authorize an agreement with the Minister of Housing for the Province of Ontario respecting the Community Services Contribu~ion Program for the Maple Redevelopment Area. No. 81-33 - A By-law to authorize an agreement with Her MaJesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation and Communications. 'No. 81-34 - A By-law to repeal By-law No. 80-138 and to authorize a new agreement with Nello DiGasbarro and Giuliana DiGasbarro. No. 81-35 - A By-law to provide for the issuing of licencas and payment of fees therefor for the hunting of pheasants and rabbits within a par[ of the City of Niagara Falls. No. 81-36 - A By-law to provide monies for general purposes. Carried with Alderman Merrett abstaining on By-law 81-36, and Aldermen Chessman, Baker, Janvary and Orr voting contrary on By-law 81-19, and Alderman Schisler voting contrary on By-law 81-35 and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the following by-law be now read a second time| No. 81-35 - A By-law to provide for the issuing of liceaces and payment of fees therefor for the hunting of pheasants and rabbits within a part of the City of Niagara Falls. Carried with Alderman Schisler voting contrary and all others voting in layout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the following by-laws be now read a second and thlrd time: No. 81-19 - A By-law to amend By-laws Nos. 79-200 and 5335, 1955 of the City of Niagara Palls, as amended. (AM-15/80, Gru-Reco Ltd.) No. 81-20 - A By-law to amend By-laws Nos. 79-200 and 5335, 1955 of the City of Niagara Falls, as amended. (AM-22/80, Famous Players Ltd.) No. 81-21 - A By-law to stop up and close and to authorize the sale and conveyance of part of the unopened road allowance between Township Lots Nos. 12 and 13, Concession 7 in the former Township of Willoughby. ..... 12 - 12 - No. 81-22 - A By-law to amend By-law Nol 3790 for the regulation of traffic. No. 81-23 - A By-law to amend By-law No. 72-132 to provide for the use of par~ meters on streets. No. 81-24 - A By-law to amend By-lawNo. 7878, 1969 as amended, respecting parking lots in the City of Niagara Falls and for regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. No. 81-25 - A By-law to amend By-law No. 76-90 to prohibit the parking or lem4 of motor vehicles on property owned or occupied by the Corporation. of the City of Niagara Falls. No. 81-26 - A By-law to amend By-law No. 80-77 to prohibit the parking or lea~ of motor vehicles on private property and property owned or occupy' by the Corporation of the City of Niagara Falls or any local boar~ thereof. ~ No. 81-27 - A By-law to amend By-law No. 71-104 to restrict the parking of vehicles on a portion of the Sylvia Place Parking Lot. [ No. 81-28 - 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. 81-29 - A By-law vehicles No. 81-30 - A By-law vehicles to amend By-law No. 74-176 for regulating the parking ofe on a parking lot adjacent to City Hall. to amend By-law No. 76-275 for regulating the parking of~ on parking lots on Park Street. No. 81-31 - A By-law to authorize an agreement with Her Majesty the Queen in Right of Ontario, represented by the Minister of Housing, respecti~ the Neighbourhood Improvement Programme for the Glenview Redevelop Area. No. 81-32 - A By-law to authorize an agreement with the Minister of Housing fc' the Province of Ontario respecting the Community Services ContribL Program for the Maple Redevelopmerit Area. No. 81-33 - A By-law to authorize an agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation and Communications. No. 81-34 - A By-law to repeal By-law No. 80-138 and to authorize a new agreen' with Nello DiGasbarro and Giuliana DiGasbarro. .N.o. 81-35 - A By-law to provide monies for general purposes. Merrett a By-law 81-36, Alde Cheesman, Baker, J and Orr voting con on By-law 81-19 a~ others voting in f NEW BUSINESS WINDOWS IN VACANT BUILDING - ~ORNER FORD DEALERSNIP Alderman Cumminga advised that many of the windows in the building locate on the truck sale lot of the former Ford dealership on Drummond Road were brok and asked if staff could look into the matter to determine if some action can be taken. Mayor Thomson indicated that the business would be re-opened shor.tl but that some contact would be made to have repairs carried out, TAX ARREARS PROCEDURES In responae to a question raised by Alderman Chessman, Mayor Thomson indicated that a report would be prepared in response to the questions raised by Mrs, L, Savage on the City's tax arrears procedures, - 13 - SNOWPLOW OPERATIONS Alderman Somerville thanked the City employees involved in snowplowing operations who have lifted the blade on the plows when travelling past a property on Reixinger Road owned by an elderly blind person who has pay to have his driveway plowed out, and the Alderman expressed his appreciation on behalf of the persons involved for this courtesy. STREET ENDS - SCHISLER ROAD Alderman Schisler stated that where Schisler Road crosses the railway tracks, there are two street ends that have no name. Apparently the persons living on these street ends experience difficulty with mail and other deliveries. Mayor Thomson indicated that the matter would be considered by the Street Name Committee. BUS SERVICE - LUNDY'S LANE It was moved by Alderman Orr, seconded by Alderman Cummings, that the Transit Commission be requested to prepare a report on the possibility of extending bus service on Lundy's Lane to Garner Road. Carried Unanimously. NIAGARA FOLLIES Mayor Thomson thanked Aldermen Janvary, Baker, Cummings and Orr for their participation in the Niagara Follies, and commented that the fund raising event had been very successful. ST. CATHARINES STANDARD REPORTER Mayor Thomson introduced the new reporter from the St. Catharines Standard who would be covering the Council meetings, Dotsen Martens. SWIM-A-THON CONTRIBUTIONS Alderman Baker announced that contributions to the Swim-A-Thon could be turned over either to himself or Mr. J. Bernardi of the Buildings & Inspections Department. It was moved by Alderman Cheesman, seconded by Alderman Kerrin, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON NINTH MEETING Council Chambers February 16th, 1981 SPECIAL MEETING Council met on Monday, February 16th, 1981 following a General Committee Session. All members of Council were present. 11is Worship, Mayor Thomson presided as Chairman. REPORT No. 146 - City Manager - Re: Employee Benefits - Dental Plan. The report recommends that arrangements be made throueb the City's AKent of Record, Young's Graves Life and Employee Benefits Insurance Agency Inc. to authorize Confederation Life Insurance Company to provide continuing dental coverage for City employees previously covered under the Co-operative Health Services (Delta Dental). ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. COMMUNICATION No. 61 - Businesses & Residents of Chippawa - Re: Proposed Arcade at Catte~l Drive/Willoughby Drive Plaza. The communication objects to the issuance of a licence to permit the operation of an arcade at the subject plaza. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the communication be referred to staff for the preparation of a report. Carried Unanimously. REPORTS No. 147 - City Manager - Re: Request for Hearing - Deeming By-law 80-124. The report recommends that the material be perused prior to the consideratioh of objections to the Deemin2 By-law on February 23, 1981. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the material be perused and objections considered on February 23, 1981. Carried Unanimously. No. 45 - City Manager - Re: Ratio of Employees to Population. The report provides information relative to the ratio of employees to population for all municipalities in the Region. AND No. 148 - City Manager - Re: City Manager's Review of Staff Complement. The report provides information on the appropriate numbers of staff required to perform the various City functions and the present method of employee assessment prior to permanent vacancies being filled. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that additional information be obtained on Items #16, #25 and #27 under ~Schedule "B" of Report No. 45. Carried Unanimously. NEW BUSINESS MAKING BETTER USE OF EXISTING RESOURCES Alderman Janvary stated that she had artended the seminar on "Making Better Use of Existing Resourcea" held in Hamilton, and would be preparing a report for Council's information. ARENA RENOVATIONS STEERING COMMITTEE It was moved by Alderman Cheesman, seconded by Alderman Cummings, that klderman Janvary be appointed to the Arena Renovations Steerin~ Committee. Carried Unanimously_. , , It was moved by by Alderman Merrett, that the meeting adjourn. Cartie READ AND ADOPTED, ~.L. COLLINSON, CITY CLERK' MAYOR WAYNE THOMSON TENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 February 23rd, 1981 Council met on Monday, February 23rd, 1981 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Puttick. Alderman Merrett presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. .~a, READ AND ADOPTED, MAYOR WAYNE THOMSON Council Chambers February 23rd, 1981 Council met on Monday, February 23rd, 1981 at 7:45 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 Somerville, that the minutes of the meeting held on February 9th, 1981, be adopted as printed. Carried UnanimouSly. PRESENTATION OF RETIREMENT WATCHES His Worship, Mayor Thomson presented retirement watches to Miss Margaret Mallett who retired after forty-five years of service to the Corporation, and to Mr. Hubert Weaver who retired after nearly twenty-five years of service. WELCOME MESSAGE His Worship, Mayor Thomson extended a welcome to the 2nd Niagara Guide Company and their 'leader, Judy JohnSton, who were in attendance at the Council =.meeting. UNFINISHED BUSINESS REQUESTS FOR BUILDING PERMITS - WILLOUGHBY AREA Report No. 129 - City Manager - The report provides background information on the requests by Mr. F. Maraldo and Mr. K. Kuhn for building permits to be issued for lots in the former Township of Willoughby. Mr. K. Kuhu was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Merrett. Mr. Kuhn advised that when the lots involved were created, there were no provisions in the Planning Act to prevent their creation, and therefore nothing illegal had occurred. The Planning Act was subsequently changed so that the creation of separate lots through a series of transactions as opposed to normal subdividing procedures, was no longer permitted. The titles to the lots has been sanctioned by the courts, and the lots range from five to nine acres in size. Mr. Kuhn stated that the Health Department would approve septic tank systems for lots of this size, end no services ether than those already provided would be required. It was also stated that there are twenty houses in the arcs which do not frustrate the use of nearby agricultural lands. Mr. Kuhn also indicated that his lots front on improved roads, which is a different situation than the lets owned by Mr. Maraldo. - 2 - Mr. F. Maraldo was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Cheesman. Mr. Maraldo stated thai! when he purchased his lots, the title was considered good, and his intention was to build a house for himself. Mr. Maraldo requested that Council make a decision on the matter. The Deputy City Solicitor advised that he would like to speak to Council~ briefly in Committee of the Whole before a decision was made. It was moved by Alderman Cummings, seconded by Alderman Cheesman, that the meeting adjourn to Committee of the Whole. Carried Unanimously. COMMITTEE OF THE WHOLE Committee Room #1j February 23rd, 1~ Council met in Committee of the Whole on Monday, February 23rd, 1981. members of Council were present with the exception of Alderman Puttick. Ald~ Merrett presided as Chairman. Following consideration of the items presented, the Committee of the Whl arose and reported. REGULARMEETING Council Chambers February 23rd, 1~ Council reconvened in formal session on Monday, February 23rd, 1981, following a brief meeting in Committee of the Whole. All members of Council were present with the exceptionof Alderman Puttick. His Worship, Mayor Thomson presided as Chairman. REQUESTS FOR BUILDING PERMITS IN WILLOUGHBY AREA - Conft.. Mayor Thomson advised that Council had discu~'Sed the requests in Committee of the Whole, and agreed that permits could be issued subject to suitable impost fees being paid. In addition, Mr. Maraldo would be requir to carry out improvements to the road on which his property fronts prior to a permit being issued. It was moved by Alderman Cheesman, seconded by Alderman Merrett, that the issuance of building permits in both cases be approved, subject to paymen of certain impost fees and in Mr. Maraldo's case,. subject to improvement of the roadway to the Municipality's standards. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cummings, Dilts, Fete, Baker, Janvary, Merrett, Orr and Kerrio. ' NAYE: Aldermen Schisler and Somerville. PROPOSED STREET NAME CHANGES Report No. 149 - City Manager - Re: Proposed Street Name Changes. The report recommends: 1) That Council hear any person who claims that he will be advers affected by the by-law providing for the name changes; and 2) Subject ~o theD being no valid objections, that the by-law be passed. Communication No. 62 - Mr. J. Jaluvka - The communication expresses the comme that the name of Portage Road changing reMain Street and ~hen to Oakes Drive and then back to Portage Road is very confusing, and that perhaps the City should extend the section of Oakes Drive and eliminate ~he south Dart of Port Road completely. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, th the report be received and adopted, and the communication received and filed. Carried Unanimously. BOY SCOUTS REQUEST FOR FINANCIAL ASSISTANCE Verbal Report - Civic Mouth Committee - Alderman Janvary referred to the request from the Niagara Di8trict Council of Boy Scout8 for financial assists' in arranging a f~rework8 display in conjunction with Victoria Day celebration and advised that the Civic Month Committee recommends payment of a grant in t amount of $4,000 for this purpose. -3- Alderman Janvary provided additional information regarding the costs involved and the District Council's efforts to raise other funds. Aldermen Orr and Merrett both indicated that while they agreed with the intent of the Boy Scouts' plans for Victoria Day, they felt $4,000 was a great deal of money to spend on a fireworks display lasting only a few minutes, It was ~!so suggested that the matter be discussed by the Finance Committee due to the amount of money involved. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Cheesman, that the matter be referred to the Finance Committee. Carried Unanimously. COMMUNICATIONS No. 63 - Mr. J. Lagace - Re: Four-Way Stop on Ontario at Morrison. The communication requests consideration of the installation of a four-way stop at Ontario Avenue and Morrison Street. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 64 - Niagara Promotion Association - Re: Blossom Festival '81. The communication requests approval for the 1981 Blossom Festival and the assistance of the Recreation Director of the City to assist in the co-ordination of City, Regional and other Governmental roads, equipment, etc. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the request be approved. Carried Unanimously. No. 65 - Stamford Centre Volunteer Firemen's Association - Re: Annual Carnival. The communication requests permission to operate the annual carnival at the Stamford Green from June 17 - 20, 1981, and also to bring in the Joyes Show of London to operate the rides and concessions during the carnival. ORDERED on the motion of Alderman Dilts, seconded by Alderman Eheesman, that the requests be approved subject to the Association providing adequate insurance coverage. Carried with Alderman Cummings abstaining on a conflict of interest, and all others voting in favour. No. 66 - Regional Municipality of Niagara - Re: Pedestrian Cross Overs. The communication advises that the Council on Uniform Traffic Control Devices for Canada has set up a committee to carry out a study of pedestrian cross overs, and the Region is suspending further work on the matter pending the outcome of the national study. The Traffic & Construction Engineer provided additional information in response to a number of questions raised. Alderman Merrett felt that the City should-take any action.poss~ble-~hile awaiting the;~results of the study. Following further comment, it was ~gved by Alderman Merrett, seconded by Alderman Chessman, that the communication be received and filed, and further that the Regional Municipality be advised that the City is most anxious to have the matter resolved as soon as possible.- Carried Unanimously. No. 67 - Premier William Davis - Re: "Buy Canadian" Policy. The communication explains recently announced initiatives which expand the Ontario Government's Canadian preference in purchase policy. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. No. 68 - Minister of Indian and Northern Affairs Canada - Re: Community Services Contribution Programme. The communication explains the Federal Government's decision to discontinue the Community Services Contribution Programme. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. l~b. 69 - A.N. Myer Secondary School - Re: Request for Financial Assistance. The communication requests .financial assistance to help defray costs involved in the organizing and running of the Annual Regional Debating Tournament. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the request bereferred to the Finance Committee. Carried Unanimously. -4- No. 70 - Chief K.W. Bowser, Niagara Falls New York Fire Dept. - Re: Recovery Operation. The communication commends the Niagara Falls Ontario Fire Dept. for its performance during the recent joint recovery operation of a body from the ice surface of the Niagara River below the Rainbow Bridge. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that a message of commendation be sent to the City;s Fire Department for its part in the recovery operation. Carried Unanimously. No. 71 - Housing & Urban Development Association of Niagara - Re: Drainage Policy. The communication requests an opportunity to provide constructive input to the new drainage policy being considered by Council. Alderman Dilts indicated that the Municipal Works Committee would be taking this responsibility over from the previous Drainage Committee, and hoped that work would commence on this matter shortly. ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the Association be advised that opportunity will be made available for input. Carried Unanimously. No. 72 - Mr. A.A. MacBatn, M.P. - Re: Helicopters. The communication advises of Mr. MacBain's support in opposing the application by Pan-Air Helicopter Ltd, for the transfer of the licence held previously by Niagara Hell-Air. Alderman Chessman commented that nothing illegal or-cOntrary to the provisions of the license had been done by the firm requesting the transfer, and also that objections were received from only one area of the City. In opposing the transfer of the licence, Alderman Chessman felt Council was discriminating against the firm, and pointed out that many residents in the City are affected by other noises such as the Q.E.W., and yet complaints are not made. Mayor Thomson indicated that the complaints regarding noise from the helicopters have gone on for years, and that there had to be a resolution to the problem somewhere along the line. The Mayor felt that the citizens had never had an opportunity previously to express their views to a body having Jurisdiction in the matter, and that this way the residents will be told whether or not something can be done to resolve the complaints once and for all. ~, Following further comment, it was moved by Alderman Merrett, seconded by Alderman Cummings, that the communication be referred to the City Solicitor to be used in conjunction with the City's opposition, and further that a copy be sent to the Air T~ansport Committee. Carried with Alderman Chessman voting contrary, and all others in favour. REPORTS No. 147 - City Manager - Re: Request for Hearing - Deeming By-law 80-124. The report provides information on objections received to the passing of the subject by-law, which deems certain registered plans not to be registered. Mayor Thomson suggested that the report be tabled for two weeks, since none of the objectors were present. If in two weeks the objectors were still not present, the Mayor felt Council should deal with the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, tha~ the report be tabled for two weeks. Carried Unanimously. No. 150 - City Manager - Re: Proposed Study of the River Road Neighbourhood. The report recommends: 1) That the Planning Director be the staff member to work with representatives of the Niagara Parks Commission to develop the call for proposals for the proposed social and economic study of the River Road neighbourhood; and 2) That funds be provided in the 1981 operating budget of the Planning Department for 50% of the estimated study cost of up to $10,000 to be shared equally with the Niagara Parks Commission. The City Manager provided additional information in response to questions raised by Alderman Cummings. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 151 - Recreation Commission - Re: Area Recreation Board Appointees. report recommends that the following appointments be confirmed: Niagara C~ee;tra Recreation Board - Mrs. B. Hicks, Mr. R. Mace, Mr. S. Cormors, Mr. F. Miele, -5- Mr, T. Bright, Mr. D. Wallace and Mr. G. MacGillivray (Conmlission representative); Niagara South Recreation Board - Mr. B. Callsinn, Mr. K. Angle, Mr. D. Torok, Mr. T. Johnston, Mrs. B. Maxfield, Mrs. L. Dhaliwal, Mrs. D. Anderson, Mr. S. Mesaros and Mr. H. Thistlethwaite (Commission representative); and Niagara Northwest Recreation Board - Mrs. P. DeMeeI, Mr. N. Weaver, Mr. D. Wallington, Mr. G. Finkbeiner, Mr. M. Mayer and Mr. B. Hanna (Commission representative). The report also recommends that Council appoint one member to each of the three area boards. Alderman Merrett questioned the necessity of having members of Council appointed to the Area Boards when there were two members presently serving on the Commission. Alderman Cummings agreed that there could be some duplication by having members appointed to the area boards, and suggested that the Commission be asked to comment on the necessity of having Council members serve in such a capacity. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the citizen appointments be confirmed. Carried Unanimously. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the Commission be requested to re-examine the need for Aldermanic appointments to the Area Recreation Boards. Carried Unanimously. No. 152 - Recreation Commission - Re: Appointments to the Community Resources Centre Committee. The report recommends that the following persons be appointed to the Community Resources Centre Committee for one and two year terms: 2 Years Mr. C. Amadio, Mr. N. Tubbe and ~. H. Hague; 1 Year - Mr. G. Evans, Mr. B. }~ves and Mr. B. Campbell. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the report be received and adopted, and the appointments confirmed. Carried Unanimously. No. 153 - City Manager - Re: Licenee Agreement for Unopened Road Allowance between Lots 4 & 5, Concession 6. The report reconunends that the City Council authorize the execution of a licence agreement with Mr. R.W. McMillin covering part of the unopened road allowance situate between Lots 4 and 5, Concession 6 in the former Township of Willoughby. ORDERED on the motion of Alderman Fern, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 154 - City Manager - Re: Lot 12, Falls Industrial Park Extension. The report recommends approval of a Request for Reserve from Mr. W. Krueger on Lot 12, Plan M-67, until April 9, 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 155 - City Manager - Re: Release of Agreement between City of Niagara Falls and Thomas LaFlamme and Nelson Lake, 5111 Victoria Avenue. The report recommends passage of a by-law to authorize the Release of the Agreement pertaining to Lot 140, Plan 35, between the City and Thomas LaFlamme and Nelson Lake. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 156 - Municipal Works Committee - R~': Terms of Reference. The report recommends that the Terms of Reference approved by the Committee, be approved byvCity Council. Alderman Dilts stated that the Committee has only four aldermanic members, and that at least two more would be required in order to ensure a quorum would be available at all meetings. Presently if the Mayor and one alderman are unable to attend a meeting, this leaves only two members making decisions for the consideration of Council. Alderman Somerville indicated that he may have to withdraw from the Municipal Works Committee because it was difficult for him to attend the meetings which start at 4~00 p.m. Aldermen Dilts and Merrett felt that if a member of Council accepts an appointment, it was that member's responsibility to attend the meetings. Mayor Thomson commented that some members have a very heavy committee workload, and he felt it was unfair for these members to be asked to take on additional commitments. Alderman Orr suggested that the time of the meetings made it difficult for all members to attend, since many have to work until 5:00 p.m. 6 Aldermen Cbeesman, Janvary and Fera (possibly as an alternate) offered to sit on the Municipal Works Committee. Mayor Thomson indicated that Alderman Puttick had expressed an interest in serving on the Con~nittee as well. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Kerrio, that the report be received and adopted, and further that Aldermen Cheesman, Janvary, Fera and Puttick be appointed to the Municipal Works Committee. Carried Unanimously. No. 157 - Municipal Works Committee - Re: Major Sewer Repairs - River Road, Hiram Street and Greenwood Avenue. The report recommends that staff be authorized to proceed with repairs to the River Road sewer between Simcoe Street and Bampfield Street; the Hiram Street sewer from River Road to Ontario Avenue and certain works at the outfall of the Greenwood Avenue storm sewer prior to the approval by Council of the overall 1981 Sewer Department's operating budget. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 158 - City Manager - Re: Municipal Float. The report recommends approval of an expenditure of $3,000 to refurbish the 1980 float and an expenditure of $5,000 for operating costs. Alderman Cummings commented that many of the parades in which the City float participated were in cities close to Niagara Falls, and questioned the point of spending funds on a prqmotional float that mainly participates in regional parades. Both Alderman Merrett and Mayor Thomson pointed out that the amount allocated in the budget for the float was not a great amount to be spent on promotion of the City. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 159 - City Manager - Re: McLeod Road/Stanley Avenue Underpass Project Street Lighting. The report recommends that the Region be informed that the City of Niagara Falls believes the Region should be responsible for the total cost of new street lighting within the limits of their construction project. The City Manager provided additional information in response to a questii~ 7 Following further comment, it was moved by Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted and further that the traffic situation be reviewed during the summer months. Carried Unanimously. o ..... - Re: n.+~ D~, ~"~'i~ The report recommends that Council ratify the action taken in the Committee of the W~hole on February 9th and establish the annual salary of the Data Processing Supervisor at $22,370 (Level ES-5, Step 3). Alderman Fera suggested that the report be tabled for several weeks, since Alderman Puttick who had originally questioned the matter, was not in attendance at the Council meeting. Alderman Janvary stated that she was not opposed to the salary level being recommended, however she felt there should be no salary increases granted until 1982. Alderman Cheesman pointed out that although it seems that the person is being given a raise, it is simply an on-going process of adjustments in salaries. The Alderman stated that the person was entitled to the prevailing salary rate in Level ES5, Step 3, and to do anything else would be unfair. One employee out of the entire complement is being singled out and Alderman Cheesman felt this employee would be justified in feeling that she was being discriminated against. Alderman Merrett indicated that he did not agree with the procedure used by the City in hiring an employee and then turning around and giving that employee a raise on January 1st. Mayor Thomson commented that the same procedure is followed by many other employers as a standard practice. The Mayor also explained that the employee involved has worked for the City for sixteen years and left the bargaining unit to accept a supervisory position of responsibility. The Mayor felt all these factors should be taken into consideration by Council. The City Treasurer also explained that the person involved will not require time to become familiar with the City's computer system. If the City had found it necessary to hire a new employee, the Treasurer felt the salary paid would have ended up being much higher, and the City would have been delayed in preparing its tax bills at a. crucial time. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Cheesman, Cummings, Baker and Orr. It was then moved by Alderman Fera, seconded by Alderman Kerrio, that the report be tabled. This motion was Defeated with the following vote: AYE: Aldermen Dilts, Fera, Schtsler, Kerrio and Somerville. raised by Alderman Cheesman. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Fera, that the~ report be received and adopted. Carried Unanimously. No. 160 - City Manager - Re: Regional Sign By-law 'No. 2705-80. The report recommends that City Council request that the Region exempt the City of Niagara Falls from Regional Sign By-law 2705-80. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, tha~ the report be received and adopted. NAYE: Aldermen Chessman, Cummings, Baker, Janvary, Merrett and Orr. Carried Unanimously. Following a further discussion of ~he matter, it was again moved by report provides information on the action taken to resolve the complaints AYE: Aldermen Chees~mmings, Baker, Merrett, Orr and Kerrio. regarding :traffic and the Flying Saucer ~~ive-in restaurant on Lundy's .Lane. N'~E: Aldermen Dilts, Fera, Janvary, Schisler and Somerville. to be controlling the litter, in actual fact lie was waiting until the next report recommends approval of the extension of the first insraiment of the morning to clean the parking lot. Unfortunately by that time, much of the passage of an amending by-law. ~ ~ with the City in the past in attempting to resolve these complaints. With No. 164 - Finance Comittee - Re: Financing Local Improvements. ~e report ,~] ~e ~yor suggested that the traffic situation be reviewed again durin the o op,,,a ao d wo ,hip Lot 5 not, 3.4 5 of ..... 7 the former To~ship of Stamfurd. ~e report reconends: 1) ~at part of ... . .... s the unopened road allowance between Township Lot No. 5 and Gore Lots 3, 4 and 5 of the former Township of Stamford be stopped up and closed by by-law and conveyed to Luane and Nuziato Pellegrino for the amount of $3,425; and 2) That the Legal Department take the necessary steps to close the road allowance and complete the documentation for the sale. Due to comments made at the Finance Connnittee meeting, Alderman Merrett~' felt the report should be tabled. Following a brief discussion, it was moved by Alderman Merrett, second~ by Alderman Cheesman, that the report be tabled for thirty days. Carried No. 166 - Finance Committee - Re: Community Resources Centre. The report recommends that those groups who receive grants from City Council and pay for rental accommodations be encouraged, where feasible, to consider renting space at the Community Resources Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 167 - Finance Committee - Re: December 31, 1980 Tax Status. The report provides information on the status of taxes as of December 31, 1980. ORDERED on the motion of Alderman Cummings, seconded by Alderman Marrett, that the report be received and filed. Carried Unanimously. No. 168 - Mayor Thomson - Re: Payment in Lieu of Taxes, Rainbow & Whirlpool Rapids Bridges. The report recommends that Council agree with a proposal of the Minister of Intergovernmental Affairs for the payment of $96,000.00 as a payment in lieu of taxes covering the Rainbow and Whirlpool Rapids bridges for the year 1981 only, the acceptance being on the understanding that the Ministry will establish an equitable policy for the payment of taxes on international bridges during the current year. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. of the municipal accounts. ORDERED on the motion of Alderman Dtlts, seconded n the report be received and adopted. Carried Unanimously. No. 170 - City Manager - Re: Canadian Building Officials Association. The report recommends that the Director of Buildings & Inspections be authorized to attend the Joint' conference of the Building Inspectors Association of British Columbia and the Canadian Building Officials Association to be held in Vancouver, British Columbia from April 29th to May let, 1981 inclusive. ORDERED on the motion of Alderman Cummings, Seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 171 - City Manager - Re: Settlement with Local 133, C.U.P.E. The report recommends that Council"ratify the proposed settlement, and passage of the by-law to authorize the signing of the collective agreement. The terms of th settlement include: January 1/81 - 10.5% increase, January 1/82 - 9.5%, V~si. -Care and Dental Plan improvements, increased meal allowance to $3.75 after 3 hours overtime, mileage allowance of 28¢ per mile, one day's paid holicay ' before Christmas or New Year (all in 1981); Long Tern, Disability Plan with 25~ of the cost paid by the employee, improvement to Dental Plan, Meal Allowance $4.00, mileage allowance of 30¢ per mile (in 1982). ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted. The motion CaJried with Alderman Schislel voting contrary, and all others, voting in favour. -See By-law 81-52 No. 172 - City Manager - Re: Executive, Supervisory and Secretarial Remuneratj and Supplementary Benefits 1981. The report recommends that all employees in the above categories receive a 10.5% increase effective January 1/81 and a further 9.5% increase effective January 1/82, along with changes in benefits in line with those granted to the Union, and further in Levels ES8 to 18, 3 weeks vacation entitlement granted upon appointment. Mayor Thomson indicated that Council in Committee of the Whole, had approved increases for 1981, on the understanding a s~udy would be undertaken on all non-union salaries, with future increases to be reconsidered follo~ing receipt of the study. The City Manager requested that Council approve the benefit improvements for the two years as granted [ to the Union. With respect 9 to the consultant's study, the City Manager advised that terms of reference would be prepared for the consideration of the Finance Committee. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that a salary increase of 10.5% effective January 1, 1981 be granted to all executive, supervisory and secretarial employees, plus benefit iinprovement~ as outlined in the report for 1981 and 1982; the 1981 salaries to be subject to reconsideration following receipt of a consultant's study to be carried out later in 1981. The motion Carried with Alderman Schisler voting contrary, and all others vo~ing in favour. No. 173 - City Manager - Re: 1980 Local Improvement Programme. The report recommends that the Ontario Municipal Board be advised that the City wishes to withdraw its application for approval of proposed Local Improvement By-law 80-207 under File No. E 801614. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 174 - Alderman Puttick - Re: Study of Existing Ward System and Method of Representation. The report advises that arrangements have been made to hold the initial public meeting on this matter at the Niagara South Recreation Centre on March 12, 1981 at 7:30 p.m. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the information be noted and the report received and filed. Carried Unanimously. No. 175 - City Manager - Re: Fringe Benefits for Members of Council. The report advises that a 1980 amendment to the Municipal Act permits a municipal council to provide members of council with any benefits that are provided to its employees. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. RESOLUTIONS No. 15 - FERA - SOMERVILLE - RESOLVED that a message of condolence be sent to the family of the late Stanley Michael Bosnak, a respected businessman of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously' No..16 - FERA - CHEESMAN - RESOLVED that a message of condolence be sent to the family of the late Carl Hunter, a former police officer and respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 17 - FERA - MERRETT - RESOLVED that a message of condolence be sent to the family of the late Mr. Roy West, an officer of the Niagara Civic Employees Credit Union and a respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on be granted time: the motion of Alderman Merrett, seconded by Alderman Fera, that leave to introduce the following by-laws, and the by-laws be read a first No. 81-37 No. 81-38 No. 81-39 No. 81-40 No. 81-41 No. 81-42 No. 81-43 - A By-law to change the names of certain highways. - A By-law to authorize a release in fayour of Lukida Investments Ltd. - A By-law to amend By-law No. 81-14 to provide for the collection of interim taxes for the year 1981. - A By-law to impose special rates to provide for the payment of the owners' portion of the cost of certain local improvements. - A By-law to authorize the execution of a lease with the Minister of Transportation & Communications. t - A By-law to authorize a renewal of the lease of the old City Hall. - 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. - 10 - No. 81-44 - A By-law to amend By-law No. 7531 being a by-law to provide for the erection of stop signs at intersections,'and By-law No. 3791~ being a by-law designating through highways. (Lyons Creek Road at Crowland Avenue) No. 81-45 - A ByLlaw C0 amend By-law No. 753i being a by-law to provide for ~' erection of stop signs at intersections. (Valley Way at Sixth Av~ No. 81-46 - A By-law to amend By-law No. 72-163 being a by-law to prohibit h~ traffic on certain highways in the City of Niagara Falls. (Mayfa!~ No. 81-47 - A By-law to amend By-law No. 76-60 as amended, being a by-law re~ buildings and building permits. , No. 81-48 - A By-law to amend By-law No. 6328, 1963, as amended, being the plumbing by-law. No. 81-49 - A By-law to amend By-law No. 6661, 1964, as amended, with respec~ signs in the City of Niagara Falls. ORDERED on the motion of Alderman Fore, seconded by Alderman Merrett, that following by-laws be now read a second and third time: No. 81-50 - A By-law to provide for appointments to certain boards, commissic and conmittees. No. 81-51 - A By-law to provide monies for general purposes. No. 81-52 - A By-law to authorize the execution of an agreement between the Corporation of the City of Niagara Falls and the Canadian Union Public Employees, Local Union Number 133. Carried with Alde~ Schisler voting on By-law 81-52, all others voting4 favour. No. 81-37 - A By-law to change the names of certai~ highways. No. 81-38.- A By-law to authorize a release in favour of Lukida Investments No. 81-39 - A By-law to amend By-law No. 81-14 to provide for the collection interim taxes for the year 1981. No. 81-40 - A By-law to impose special rates to provide for the payment of th owners' portion of the cost of certain local improvements. No. 81-41 - A By-law to authorize the execution of a lease with the Minister '!' Transportation & Communications. No. 81-42 - A By-law to authorize a renewal of the lease of the old City Hall' No. 81-43 - A By-law to amend By-law No. 6340 providing for the erection of yield right-of-way signs at intersections in-the Municipality. ' (Progress Street) No. 81-44 - A By-law erection a by-law Avenue) to amend By-law No. 7531 being a by-law to provide for of stop signs at intersections, and By-law No. 3791, designating through highways. (Lyons Creek Road at No. 81-45 - A By-law to amend By-law No. 7531 being a by-law to provide for erection of stop signs at intersections. (Valley Way at Sixth No. 81-46 - A By-law to amend By-law No. 72-163 being a by-law to prohibit traffic on certain highways in the City of Niagara Falls. No. 81-47 - A By-law to amend By-law No. 76-60 as amended, being a by-law re~ buildings and building permits. No. 81-48 - A By-law to amend By-law No. 6328, 1963, as amended, being the plumbing by-law. No. 81-49 - A By-law to amend By-lay No. 6661, 1964, as amended, with respect[ to signs in the City of Niagara Falls. ..... 11 - 11 - No. 81-50 - A By-law to provide for appointments to certain boards, commissions and committees. No. 81-51 - A By-law to provide monies for general purposes. No. 81-52 -'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 Union Number 133. Carried with Alderman Schisler voting contrary on By-law 81-52, and all others voting in favour. NEW BUSINESS WELCOME MESSAGE Mayor Thomson extended a welcome to Anita Newell of the Niagara Falls Review who would be covering the Council meetings. PRESENTATION OF PAUL THIEL REPORT Alderman Dilts advised members of Council that on February 26th, 1981 at 10:00 a.m. at City Hall, there will be an update report presented by Paul Thiel on flooding in problem areas of the City. SPEED LIMITS ON THE WELLAND RIVER It was moved by Alderman Merrett, seconded by Alderman Baker, that the City Clerk prepare a report on progress made in having speed limits posted on the Welland River. Carried Unanimously. PROPERTY STANDARDS It was moved by Alderman Cummings, seconded by Alderman Dilts, that Council be provided with an update on the status of properties being processed under the Property Standards By-law. Carried Unanimously. PROPERTY AT HAMILTON AND SIXTH - TRACTOR/TRAILER COMPLAINTS Alderman Orr referred to a complaint submitted at the previous Council meeting regarding the condition of the property at the corner of Hamilton Street and Sixth Avenue, and advised that she had received a letter from the owner offering an explanation. Mayor Thomson suggested that copies of the letter be sent to the persons submitting the original complaint. ROOF OF MUSEUM BUILDING Alderman Schisler asked if the City would be undertaking repairs to the roof of the Museum Building on Ferry.Street. The City Clerk indicated that monies have been placed in the 1981 operating budget for this work. Alderman Schisler also advised that there had been a resignation from the Museum Board, and that an appointment would be required. It was moved by Alderman Merrett, seconded by Alderman Chessman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, j~.L. CO~LLiNSON"~~~ 7 I [. ELEVENTH MEETING Council Chambers ~rch 2, 1981 SPECIAL MEETING Council met on Monday, March 2, 1981 following a General Committee Session. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. RATIFICATION OF GENERAL COMMITTEE DECISIONS Communication No. 73 - Maple Leaf Village - Re: Easter Bonnet Parade. The communication requests permission to hold an Easter Bonnet Parade on Sunday, April 19, 1981. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the request be approved subJect to similar approval being obtained from the Regional Municipality of Niagara. Carried Unanimously. Report No. 176 - City Manager - Re: Collective Agreement, Local 133 C.U.P.E. The report advises that an error was made in the previous presentation of the settlement terms respecting safety footwear, and recommends that Council approve the amount of $95.00 as the allowance for safety footwear for 1981-82 in the Collective Agreement with Local 133, C.U.P.E. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and adopted. Carried with Ald. Schisler voting contrary. Report No. 177 - City Manager - Re: Need and Demand Survey (Assisted Housing Survey). The report recommends that Council reconfirm its request for a Housing Need & Demand Survey and agree that it be carried out by the Ministry of Housing staff in accordance with the broad outline indicated in this report. ORDERED on the motion of Alderman Dilts, seconded by Alderman B~ker, that the report be received and adopted. Carried Unanimously. Report No. 178 - City Manager - Re: Statement of Remuneration and Expenses - 1980. The report provided information on the remuneration and expenses paid to each member of Council and to those members of local boards appointed by Council, in accordance with Section 389d (1) (2) of the Municipal Act. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. Report No. 179 - Mayor Thomson - Re: Niagara Falls Arena Renovations. The report recommends that the plans as prepared and reviewed by the Niagara Falls Arena Renovations Steering Committee at its meeting of February 24, 1981, be approved for tendering purposes. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. Communication No. 74 - Niagara Falls Business & Industrial Growth Agency Inc. - Re: D.R.E.E. Status for Niagara Region. The communication requests that the City pass a resolution requesting strong forceful action be taken by the Regional Municipality of Niagara to achieve D.R.E.E. Status for the Region. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. Report No. 180 - Mayor Thomson - Re: Invitations to Prince Charles and the Queen Mother. The report requests authority for the Mayor to extend an invitation to Prince Charles and his bride to spend their honeymoon in Niagara Falls, and also to invite the Queen Mother to visit the City in conjunction with a proposed trip to Niagara-on-the-Lake. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. Communication No. 75 - Landsdowne Boxing Club - Re: Special Occasion Permit. The communication requests permission to operate a special occasion permit in conjunction with the live boxing card to be presented at the Niagara Falls Arena ohM arch 6, 1981. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the request be approved subject to established policy. The motion Carried with Alderman Cummings voting contrary, and all others voting in favour. -2- Report No. 181 - City Manager - Re: Firehall Theatre Renovations Steering i~ , r~r e ., Inspections. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and adopted, and further that Aldermen Janvary and Or:. be appointed to the Committee. Carried Unanimously. NEW BUSINESS SUPPORT OF POLITICAL CANDIDATES Alderman Puttick stated that he wanted to be on record that he, as an Alderman, was not involved in any public support for any candidate in the Provincial election. The Alderman did not agree with advertisements in whic~ members of staff or boards and committees appeared, giving the impression that the City was supporting a particular party. Alderman Puttick felt that City Hall should not be involved in party politics. Mayor Thomson stated that no staff member had appeared in any political advertisements, nor had the names of any aldermen. With respect to party politics, the Mayor pointed out that politics enters everyone's life at one time, whether municipal, provincial or federal, and a person would be naive to think otherwise. With respect to the reference in one particular advertisement to the Council as being progressive, Alderman Merrett felt this comment was of a positive nature, and he could not see anything wrong with such a statement. Alderman Fera indicated that he had received calls regarding one particular advertisement in which an official of the Business & Industrial Growth Agency had appeared. The Alderman pointed out that the City does financially support the Agency, and this type of advertising could be misconstrued to mean support by the City. Mayor Thomson indicated that the official involved had been spoken to about his actions. In response to a question raised by Alderman Janvary, Mayor Thomson stated that to his knowledge, there was no policy governing the actions of Council members in this matter. It was moved by Alderman Chessman, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. :~ READ AND ADOPTED, MAYOR WAYNE THOMSON TWELFTH MEETING Committee Room #1 March 9th, 1981 COMMITTEE OF THE WHOLE Council met on Monday, March 9th, 1981 at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~ MAYOR WAYNE THOMSON Council Chambers March 9th, 1981 Council met on Monday, March 9th, 1981 at 7:30 p.m. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Puttick offered the Opening Prayer. PRESENTATION His Worship, Mayor Thomson presented copies of the group phgtograph taken of the team participating in the Swim-A-Thon to the members representing City Council at the competition. UNFINISHED BUSINESS PORTAGE ROAD BRIDGE OVER H.E.P.C. CANAL Report No. 182 - Municipal Works Committee - The report recommends that persons previously showing an interest in having the Portage Road Brid~e replaced, be invited to present their views to Council as soon as possible at a General Committee session. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Orr, that the reports respecting Group Homes be brought forward for consideration at this time. Carried Unanimously. REPORTS No. 183 - Planning Staff/Social Planning Council - Re: Joint Planning Staff and Social Planning Council Report on Group Homes. The report recommends: 1) That the City inform the Province of its concerns with the Province's present proposals for deinstitutionalization and that it does not intend to amend the local Official Plan and By-law on the lines proposed by the Province; 2) That a resolution be circulated to all municipalities in Ontario expressing opposition to the Province's proposals for the reasons outlined; and 3) That a meeting be called in Niagara Falls of all municipalities supporting the resolution to prepare a Joint approach to the Provincial Government. Alderman Cheesman felt that the matter was of sufficient importance that it deserved more than two or three days of consideration by Council prior to a decision being made. The Alderman pointed out that Council was not only being asked to express its opinion, but to initiate a Province-wide expression of opposition to the legislation, While he sympathized with the concerns of the Social Planning Council, Alderman Cheesman felt the Council should take at least one more week to review the matter. -2- Alderman Cunmmings felt that the matter had been given a complete study and that Council had been given sufficient time to study the recommendation of group homes, and Council was going to have to move Just as i y Mayor Thomson explained that the intent of the recommendations was to get the Province to think about the problems involved and come up with some definite answers. The Mayor pointed out that the Province was moving ahead very quickly with the matter, and it was important that the concerns be considered by the Province. Such concerns as funding, licensing and inspec~ had been raised, and the Mayor felt the Province should answer these and ot~ questions which will be the problems to be faced by the municipalities. Planning Director indicated that the Province will not change its procedure~ unless these concerns are brought to its attention. Regional Councillor Sobol provided additional information regarding tM Region's involvement in the matter, in response to a number of questions A representative of the Social Planning Council indicated that the Social Planning Council was not opposed to the concept of group homes, but was concerned with certain aspects of their operation as suggested by the Province. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Herrart, that the report be received and adopted. Carried Unanl No. 184 - Planning Director - Re: Group Homes - Regional Report DPD 1375 - Request for Comments of Area Municipalities. The report recommends that a copy of the Joint Planning Staff/Social Planning Council report be forwarded physical planning and social planning point of view at this time and is takini~ steps to resolve them; and further that until such time as these concerns arZ~ ORDERED on the motion of Alderman Cummings seconded by Alderman Janvary, th' the report be received and adopted. Carried Unanimously. Mayor Thomson and the members of Council commended the Social Planning Council and Planning Department staff for their considerable efforts in prep~ this most comprehensive report. COMMUNICATIONS No. 76 - Mr. B. Sinclair - Re: Zoning Amendment AM-5/81, Joe Moretta Limited. The communication requests that Council deal with the subject appl tion which had been tabled by the Planning & Development Conn~ittee on 18th, 1981. Mr. Sinclair advised that the application had been tabled by the Commit possibly due to some uncertainty over the final O.M.B. decision on By-law Since his client had a purchaser for the subject property, Mr. Sinclair that there was now some urgency in having the application dealt with by the City. The Planning Director indicated that there had been other concerns involved in addition to By-law 79-200, however the application could be at the next Planning & Development Committee meeting to be held on March Following further comment, it was moved by Alderman Cun~ings, seconded Alderman Fete, that the matter be referred to the Planning & Development Committee for consideration. Carried Unanimously. " No. 77 - Mr. H. Martin - Re: Ontario Municipal Board Hearing on Shady Rest Motel. The communication expresses appreciation to the City's Legal for its handlin8 of the Ontario Municipal Board hearing. ORDERED on the motion of Alderman Schisler~ seconded by Alderman Kerrio, tha~ the Legal Department be commended for its participation in the subject Carried Unanimously. . No. 78 - "A" - Ontario Humane Society - Re: Keeping of Wildlife in Captivity. The communication expresses opposition to a proposal of the Minister of Resources to permit a licensing system which would authorize individuals and groups or organization to keep wildlife in captivity under certain conditions! 78 - "B" - Niagara Frontier Humane Society - Re: Keeping of Wildlife in Captivity. The communication also expresses opposition to the proposal of the Minister of Natural Resources to permit a licensing system authori- zing individuals and groups to keep wildlife in captivity. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that Council support the position taken by the Ontario Humane Society. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication from the Niagara Frontier Humane Society be received and filed. Carried Unanimously. No. 79 - "A" - Regional Municipality of Niagara - Re: 1981 Water Rates. The communication advises of the 1981 rates for the City of Niagara Falls and of the arrangements for invoicing. AND No. 79 - "B" - Regional Municipality of Niagara - Re: 1981 Sewage Rates. The communication advises of the 1981 rates for the City of Niagara Falls and of the arrangements for invoicing. Mayor Thomson explained that the Region had a three year freeze on its water and sewage rates. During that time various projects were carried out, and it had now become necessary to increase the rates in order to pay for the works. The Mayor stated that Regional Council had no choice but to increase the rates since municipalities are not permitted to deficit finance. Regional Councillor Shetar advised that he was opposed to such a large increase at one time because of the hardship it would place on taxpayers with fixed incomes. Councillor Shetar further pointed out that he had been the only representative from Niagara Falls and the only member of Regional Council who had opposed the increases. Mayor Thomson stated that the Region has an obligation to pay for the works that were constructed, and while he disliked voting in favour of such increases, he felt Regional Council had little choice but to do so. Alderman Puttick asked if Regional Councillor Sobol could c~mment on a recent article indicating that the Region intended to cut services in public works in order to accommodate salary increases. Councillor Sobol stated that he was not aware of the article the Alderman was referring to, and could not provide the information requested. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Fera, that the communications be received and filed. Carried Unanimously. No. 80 - Regional Municipality of Niagara - Re: Traffic Congestion Adjacent to Gasoline Stations. The communication advises of the action taken by the Region to assist in resolving traffic congestion on Regional Roads as a result of the influx of American motorists to purchase Canadian gasoline. ORDERED on the motion of Alderman Cummings, secofided by Alderman err, that the communication be received and filed. Carried Unanimously- No. 81 - Ministry of Intergovernmental Affairs - Re: Restriction of the Qualifications for Municipal Elected Office to Resident Property Owners. The communication advises that the Minister has not supported a resolution of the North Burgess Council to restrict the qualifications for holding elected municipal office to resident property owners. ORDERED on the motion of Alderman Merrett, seconded by Alderman err, that the communication be received and filed. Carried Unanimously. No. 82 - Serbian Folk Arts Committee - Re: Serbian Open House. The communication requests permission to operate a beer tent during the Serbian Open House on May 29th, 1981 in conjunction with the St. Catharines Folk Arts Festival. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the request be approved subject to established policy. Carried Unanimous!~.. No. 83 - Mr. L. Cherns - Re: Canada-America Oneness Run. The communication requests that the City proclaim "Sri Chinmoy Day" on March 26th, 1981 in conjunction with a proposed 700-mile friendship run from Toronto to New York City. Alderman Cummings felt that Council was occasionally asked to make a proclamation without having a great deal of background information on the desirability or merits of a particular cause. Mayor Thomson agreed suggesting that Council approving this particular request could take away from other -4- proclamations made by Council. While the Mayor felt the general idea of promoting Canadian/American relations was excellent, he was not familiar with the individuals involved. Following further conment, it was moved by Alderman Chessman, seconded by Alderman Cummings, that Mr. Cherns be notified that while Council comment his efforts in promoting Canadian/American relations, the proclamation cann~ be made. Carried Unanimously. No. 84 - Greek Canadian Cot~munity Association of Niagara - Re: Flag Raising Ceremony and National Independence Day of Greece. The communication request that the Greek flag be flown on March 25, 1981 and also that the day be proclaimed as National Independence Day of Greece. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the requests be approved subject to established policy. Carried Unanimously No. 85 - Royal Canadian Legion - Re: Invitation. The communication extends an invitation to the Council to attend the annual St. Patrick's Day Dance March 14, 1981. ORDERED on the motion of Aldrerman Cummings, seconded by Alderman Fera, that-' the communication be received and filed, and as many members of Council as ' possible attend the function. Carried Unanimously. No. 86 - Mr. R. Campbell - Re: Helicopters. The communication requests information on the City's appeal of the transfer of the licence to Pan-Air in the City. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that Mr. Campbell be provided with an update of the City's action in the matter. Carried Unanimously. No. 87 - Boy Scouts of Canada, Niagara District Council - Re: Victoria Day, 1981. The communication advises that sufficient time is not available to carry out the original plans suggested for a "Community y celebration on Da" Victoria Day, and offers to co-ordinate any plans the citizens of Niagara Falls may have for that day. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the communication be received and filed. Carried Unanimously. No. 88 - Niagara Falls Lions Club - Re: Carnival Site. The communication requests an opportunity to hold discussions with the City regarding the acquisition of a site which could be used by citizens all year round and also provide a locati6n for the Club's annual carnival. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that representatives of the Lions Club be given the opportunity to meet with staff to discuss the request. Carried Unanimously. No. 89 - Mr. J. Graaskamp - Re: Prevention of Election Fraud. The communicat requests that municipalelection laws be changed to allow for a partial recou if, on application to a Judge, it is shown that an irregularity could have occurred in counting the votes, and the person is willing to bear the legal Alderman Chessman suggested that it might be beneficial to determine wh the legislation does not permit partial recounts. The City Clerk indicated he would look into the matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the communication be received and filed. Carried Unanimously.. REPORTS No. 185 - City Solicitor/Planning Director - Re: Ontario Munisipal Board Decision re: Zoning By-law 79-200 as Amended by By-laws 79-220 and 79-237. The report provides information on the decision of the Ontario Municipal Board on Zoning By-law 79-200. ' Mayor Thomson commended the City Solicitor and the Planning Director for the tremendous amount of work that went into the preparation of the the handling of objections and the Ontario Municipal Board hearing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. No. 186 - City Manager - Re: Lot 12, Falls Industrial Park Extension. The report recommends approval of the sale of Lot 12, Plan M-67 to }~. Werner at a purchase price of $16s492, subject toM r. Krueger entering into an -5- Agreement of Purchase and Sale for the acquisition of the lands with a closing date of March 31, 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 187 - City Manager - Re: Morrison Street Extension - By-law to Establish Part of Burdette Drive East. The report reconnnends passage of a by-law to establish a parcel of land as a public highway to form part of Burdette Drive East. ORDERED on the motion of Alderman Fera, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 81-53 No. 188 - City Manager - Re: Site Plan Approval for Proposed 55 Unit Townhouse Project on Dorchester Road (Southwest Corner of Dorchester Road and Jubilee Drive). The report recommends approval of the site plans as submitted, the site servicing plan, the landscape plan, subject to certain conditions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 189 - City Manager - Re: Property Standards. The report provides information on the status of certain properties being processed under the City's Property Standards By-law. During discussion of this report, the Director of Buildings & Inspections provided additional information in response to questions raised. Alderman Schisler referred to a property on Montrose Road near the Welland River that had been the source of complaints for several years, and asked if the property was under observation. The City Clerk indicated that the property was being operated as a salvage yard without a licence, and the owner is being charged by the Regional Board of Commissioners of Police. Mayor Thomson indicated that there would only be a minimal fine involved, and this would not resolve the complaints from adjacent property owners. The Director of Buildings and Inspections advised that he would follow up on the complaint in addition to the licensing matter- Mayor Thomson expressed concern that some problem properties have been in existence for some time, and it was difficult to justify the delays to the neighbouts who work hard to keep their properties attractive. The Director of Buildings & Inspections explained that following receipt of a complaint, an inspector visits the property in question and attempts to persuade the owner to have it cleaned up. A reasonable period of time is allowed for the individual to clean the property. Occasionally work is started and then for various reasons (i.e. weather conditions, illness, etc.), no further work is done. Alderman Cummings felt that steps should be taken to speed up the procedure being followed, particularly in cases where an individual has had more than ample time to work on his property. The Alderman did not feel there was any delay on the part of staff, only that at times individuals take ~dvantage of the City's willingness to co-operate. Alderman Somerville expressed concern regarding a property in the former Willoughby area where fires had occurred, and the hazard to children living nearby. The Alderman stated that both properties have open wells, and there could be a serious accident if action is not taken. Mayor Thomson requested the Alderman to give the information to staff so that appropriate measures can be taken. In response to a question raised by Alderman Cummings, the Director of Buildings & Inspections advised that in some cases approximately three man years can be spent in trying to clean up a particular property. The costs can reach $40,000 to $50,000, the only part of which is recoverable is when the City finally must go on to the property and clean it at the owner's expense. Costs involved in administering the by-law are not recoverable from the owner of a property, and in some cases~ fines imposed by the courts are only $10.00 or $15.00, which does not act-as a deterrent. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. It was further moved by Alderman Chessman, seconded by Alderman Orr, that the matter of the illegal salvage operation on Montrose Road be-referred to staff. Carried Unanimously. . .... 6 No. 190 - City Manager - Re: Property Standards By-law 74-204, Douglas Allar:1 Jr., 4425 Sixth Avenue. No. 191 - City Manager - Re: Property Standards By-law 74-204, Convon Entert~ Ltd., Creek Road. No. 192 - City Manager - Re: Property Standards By-law 74-204, Mr. P. Hartle,~ 7958 Mulhern Street. No. 193 - City Manager - Re: Property Standards By-law 76-148, J. & B. Foodst 4660 Queen Street. No. 194 - City Manager - Re: Property Standards By-law 74-204, Dr. Afrukhteh! 4190 Park Street. The reports recommend that the Corporation retain either a disposal service wrecking contractor to complete the work the owners were directed to carry under Order by the Chief Property Standards Officer, and that any expense incurred by the Corporation, its servants or agents in carrying out the be recovered in a like manner as municipal taxes. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, tlu~ the reports be received and adopted. Carried Unanimously. No. 195 - City Manager - Re: Tractor-Trailer Problem at Hamilton Street and Sixth Avenue (4399 Sixth Avenue). The report advises of action taken by the City in response to complaints, and that the owners are more than willing to meet with the appropriate City officials to resolve the matter. Alderman Cummings requested that the matter be followed up in the future! to determine if the complaints have been resolved. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the report be received and filed. Carried Unanimously. No. 196 - City Manager - Re: Transfer by Region to City of Lands in the forme,~ Townships of Crowland and Humberstone. The report recommends passage of a by-law to authorize the acceptance of a conveyance of parts of two closed allowances in the former Townships of Crowland and Humberstone. ORDERED on the motion of Alderman Schisler, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See By-law No. 81 No. 197 - City Manager - Re: Contract W.I. 1-81, Watermain Installation on Lundy's Lane from Kalar Road to Garner Road. The report recommends of unit prices submitted by Provincial Construction Limited for the subject contract. ORDERED on the motion of Alderman Fete, seconded by Alderman Cheesmmn, that the report be received and adopted. Carried Unanimously. See Resolution No. See By-law No. No. 198 - Municipal Works Committee - Re: Engineering Services for Flood Schemes in Rolling Acres and Chippawa Areas. The report recommends that the Director of Municipal Works be authorized to engage the consulting en firm of Paul Theil Associates Limited to provide the necessary engineering services for the design, final drawings and specifications, and services duri construction for the proposed schemes to relieve the flooding of basements in Rolling Acres and Chippawa areas (payment of fees to be in accordance with the suggested schedule of fees by the A.P.E.O.) and also that the Mayor and Clerk be authorized to sign an appropriate agreement in this respect. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 199 - Municipal. Works Committee - Re: Collection of Waste Newspaper. The report recommends: 1) That City employees and City owned equipment not be engaged in providing a separate waste newspaper collection service in the City; 2) That Niagara Recycling Limited be authorized to initiate a monthly waste newspaper collection service for a trial period iu the Chippawn area of the City commencing Friday, April 3, 1981; and 3) That upon satisfactory completion of the trial service, City staff be authorized to negotiate an agreement with Niagara Recycling Limited for the purpose of expanding this monthly waste newspaper collection service on a gradual basis eventually covering all urban areas within the City, Alderman Cumminss asked what the effect would be on groups such as the Boy Scouts who hold paper drives for fund raising, if the recommendation is adopted by Council. The Superintendent of Sanitation & Sewers indicated that Niagara Recyctins :is a ~on-pr0fit organization, and would only be collecting l -7- paper placed out along with the garbage on the routes in Chippawa. The Director of Municipal Works commented that the request by Niagara Recycling to be the exclusive agent of the City in collecting the paper, referred only to other competitors not charitable organizations. It was further explained that Mr. Schooley of Niagara Recycling had offered to work with other organizations using this method to raise funds. Mayor Thomson also indicated that he had received calls on the matter, and suggested a decision be deferred for several weeks. Alderman Dilts suggested that staff could contact Port Colborne officials regarding their waste newspaper collection programme. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Fera, that the report be tabled for two weeks. Carried Unanimously. No. 200 - Municipal Works Committee - Re: Transportation Safety Association Awards - 1980. The report recommends that drivers who have completed eight or more years of accident free driving be authorized to attend the Transportation Safety Association banquet on Saturday, April 11, 1981 at a cost of $10.00 per ticket, and that awards be presented to the eligible drivers at the Service Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 201 - Municipal Works Committee - Re: Regional Assumption of Sewage Forcemains Owned by the City of Niagara Falls. The report recommends that the Regional Municipality of Niagara be requested to assume the 8" diameter forcemain from its point of exit at the Front Street Pumping Station across the Welland River to its point of discharge on Bridgewater Street, without the usual plans and legal descriptions, due to the unusual location of the forcemain. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 202 - Municipal Works Committee - Re: Catchbasin Cleaning. The report recommends that the City continue with the policy of cleaning catchbasins with City forces and City owned equipment; and that staff be authorized to proceed with tenders for the purchase of a new catchbasin cleaner. · ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 203 - Municipal Works Committee - Re: C.8. Anderson Road School - 1981. The report recommends that the Assistant Streets Superintendent be authorized to attend the C.S. Anderson Road School being held at the University of Guelph from May 3rd to May 6th, 1981; and that the Maintenance & Operations Engineer be authorized to participate in the C.S. Anderson Road School as Director of the Soils Course at the University of Guelph fromMay 3rd to May 6th, 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 204 - City Manager - Re: By-law to Authorize the Reconstruction of Clark Avenue from Ferry Street to Robinson Street. The report recommends that Council hear any person who claims his land will be preJudicially affected by the by-law, and subject to there being no valid objections, that the by-law be passed. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See By-law No. 80-211 No. 205 - City Manager - Re: Report of the Buildings & Inspections Department for February 1981. The report provides current news relative to permit statistics and development proposals. ORDERED on the motion of Alderman Baker, seconded by Alderman Kerrio, that the report be received and filed. Carried Unanimously- No. 206 - City Manager - Re: Niagara Falls Railway Relocation- The report recommends that public meetings be held in Niagara Falls, Thorold and Merritton for presentations of the draft report on the Niagara Falls Railway Relocation Study; and that these meetings be held some time after the end of March, with the costs to be shared between the Regional Municipality of Niagara and the City of Niagara Falls. ORDERED on the motion of Alderman Fern, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. ~ - S - No. 207 - City Manager - Re: Chippawa Cuide Signing. The report provides information on a request for signing to the Chippaws business area, and recommends that a copy be forwarded to the newly formed Chippawa Business Association. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 208 - City Manager - Re: Rental of Equipment for Landfill Site 1981-82. The report recommends acceptance of the tender submitted by Nisus Constructi~ Limited for providing a crawler bulldozer at $21.50 per hour and a crawlet type front-end loader at $22.40 per hour. The City Clerk advised that a request had been received from the second low tenderer, Modern Landfill Inc., requesting that their tender be accepted on the grounds their equipment is superior. ORDERED on the motion of Alderman Dilts, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 209 - Finance Committee - Re: Five Year Recreation Master Plan. The repe: recommends that an amount of $10,000 be placed in the 1981 Operating Budget update the five year recreation master plan, this amount to be matched by the Ministry of Culture & Recreation. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that th~ report be received and adopted. The motion Carried with Aldermen Cummings am Schisler voting contrary, and all others voting in favour. No. 210 - Finance Committee - Re: Independent Study of Executive, Supervisor), and Secretarial Positions. The report recommends that Cduncil authorize the obtaining of proposals, including costs, for carrying out a study of executiw supervisory and secretarial positions in accordance with the Terms of Referenc outlined. Aiderman Schisler felt that the consultant should not be given the curren salary schedule for these positions, since he would only update the informatie Alderman Puttick was not in agreement with the terms of reference, and felt that the study should only be done in comparison wf~h local industries and businesses. The Alderman also suggested that the Chamber of Commerce be contacted to determine if it has this information from the private sector. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Merrett, tha~ the report be received and adopted. It was then moved by Alderman Puttick, seconded by Alderman Cummings, that the report be tabled pending receipt of information from the Chamber of Commen The motion to table, which took precedence, was Defeated with the following AYE: Aldermen Cummings, Fera, Baker, Puttick, Schisler and Somerville. NAYE: Aldermen Cheesman, Dilts, Janvary, Merrett, Orr, Kerrlo and Mayo~ Thomsl Mayor Thomson pointed out that there would be no advantage in tabling the report since the action was only to obtain proposals, and that Council was und~ obligation to proceed after that time. Alderman Merrett also pointed out that the Chamber of Commerce could still be asked to submit information on the matt~ The motion to adopt the report Carried with the following vote: AY__E: Aldermen Cheesman, Dilts, JanWary, Merrett, Orr, Kerrio and Mayor Thomsc .HATE: Aldermen Cummings, Fore, Baker, Puttick, Schisler and Somerville. It was then moved by Alderman Puttiek, seconded by Alderman Kerrio, that the Chamber of Conmerce be asked to submit information regarding ~xecutive, supervisory and secretarial positions in the private sector. Carried Unanimous No. 211 - Finance Committee - Re: Request for Financial SupPort' for Thereport reeomms.ds= That Council approve tbespomaorshipof advertisement in the 1981 Progress Edition of the Niagara Falls Review at a cos' of $589.21; 2) That Council approve the sponsorship of a full tabloid page in the "Dovntowner" at a cost of $266.50; and 3) That Council receive and file the request for for an advertisement in the Souvenir Program in the Niagara-on-the- Lake Bicentennial Historical Souvenir Programme. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Aldermen Dilts, Fera and Orr voting contrary and all others vott~ in fayour. No. 212 - Finance Committee - Re: A.N. Myer Secondary School Debating Organizat1 _T~_.~ report recommends that City Council authorize a payment of $200 as a grant -9- to the A.N. Myer Secondary School Debating Organization. Alderman Cummings indicated that he was opposed to the recommendation since he felt such costs should be the responsibility of the Board of Education. Alderman Puttick indicated that the grant was not to be approved until further information was supplied. Mayor Thomson advised that this information related to whether or not previous grants had been approved, and this infornmtion was made available to the Committee. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Dtlts, that the grant not be approved. The motion Carried with the following vote: AYE: Aldermen Cummings, Dilts, Fera, Baker, Orr, Schisler and Somerville. NAYE: Aldermen Cheesman, Janvary, Merrett, Baker and Kerrio. No. 213 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Manager, City Treasurer and Director of Buildings & Inspections provided additional information on Cheques #817,879,925, 931,941 and 969 in response to questions raised by Aldermen Cummings, Schisler and Orr. ORDERED on the motion of Alderman Orr, seconded by Alderman Fera, that the report be received and adopted. The motion Carried with Alderman Puttick abstaining on Cheques #792 and #899, Alderman Merrett abstaining on Cheque #952, and all others voting in favour. No. 214 - City Clerk - Re: Experience '81 Programme - Local Architectural Conservation Advisory Committee. The report recommends that Council authorize the Local Architectural Conservation Advisory Committee to participate in the "Experience '81" Programme sponsored by the Ministry of Culture & Recreation. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 215 - City Manager - Re: By-law for Fringe Benefits for Employees. The report recommends passage of a by-law outlining the various benefits for employees of the City who .are not covered by the terms of a collective agreement. ORDERED on the motion of Alderman Fore, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See By-law No. 81-56 No. 216 - Alderman N. Puttick - Re: Ontario Good Roads Association Conference- The report provides information on the proceedings of the Ontario Good Roads Association Conference held in Toronto from February 23 - 25, 1981. ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. No. 217 - City Solicitor - Re: Amendment to Noise By-iaw. The report recommends passage of a by-law amending the penalty provision in the noise by-law to .provide .that prosecutions may be heard either by a Provincial Judge or by a Justice of the peace. In response to a question raised by Aldernmn Baker, the City Solicitor advised that he did not feel the City had any Jurisdiction to enforce the provisions of the noise by-law against helicopters, since their operation is governed by Federal authorities. The City Solicitor also provided additional information on the exact nature of the amendment, as well as the limit of the fine provided for in the by-law. ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law No. 81-57 No. 218 - City Clerk - Re: Decision of the Environmental Assessment Board - Application from the Regional Municipality of Niagara. The report advises that the Environmental Assessment Board has approved applications for sewage works in the southwest quadrant of the intersection of Baker Road and the Q.E.W. subject to certain conditions. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fore, that the report be received and filed. The motion Carried. with Alderman Schisler voting contrary, and all others voting in fayour, No. 219 - City Manager - Re: March Issue of Perspective, The report recommends that Council members review the March issue of "Perspective" and forward any co~mnents they may have to lhe City Clerk. In response to a question raised by Alderman Cummings, the City Manage~i~ advised that most of the time spent in preparing the newsletter is after regular working hours. Alderman Puttick asked the City Manager if he ~elt the newsletter was worth the extra work, even though much of it was done after hours. The Cit~. Manager felt it was important that this type of information be made availabil~ to City employee and members of Council, and that it improved the working ~elationships and understanding of the City's operations by all of ~ts mployees, ' Alderman Chessman felt that this type of effort should not be criticize; and pointed out that many organizations prepare similar material to circulat~ to its employees. The Alderman felt all involved will benefit from this typ~ of information. Alderman Cummings commented that the questions were not int~ as criticism, but to inquire about the amount of time and costs involved in preparing the newsletter. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. VERBAL R~PORT - City Manager - Re: Extension of Employment, City Solicitor. The City Manager recommended that the term of employment of Mr. N.R. Young, City Solicitor, be extended from his normal retirement date of August 31, 19~' until January 31, 1982. ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that recommendation be adopted. Carried Unanimously. No. 220 -Mayor Thomson - Re: Designation of "MargMallett Room" at City Halld The report recommends that City Council recognize the contribution of Miss Margaret Mallerr, former Secretary to the City Manager who retired after ove forty-five years of service with the Municipality, by officially naming the City Mall cafeteria as the "Marg Mallerr Room" and by authorizing the Preparation of an appropriate scroll for Presentation to her. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 18 - FERA - CHEESMAN . RESOLVED that the unit prices submitted by Provinci" Construction (Niagara Falls) Limited for the installation of watermains on Lu~ Lane from Kalar Road to Garner Road, be accepted at the tendered price of $110,456.85; AND the Seai of the Corporation be hereto affixed. ORDERED on the motion of Alderman leave be granted to introduce the a first time: No. 81-53 - No. 81-54 - No. 81-55 - No. 81-56 - No. 81-57 - No. 81-58 - No. 81-59 - NO. 81-60 - No. 81-61 - 11 - Fera, seconded by Alderman Cummings, that following by-laws, and the by-laws be read A By-law to establish A By-law to authorize Regional Municipality A By-law to authorize certain land as part of Burdette Drive East. the acceptance of a conveyance from the of Niagara. the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the installation of watermains on Lundy~s Lane from Kalar Road to Garner Road. A By-law respecting sick leave credits, pensions and other benefits for employees. A By-law to amend By-law No. 7535, 1967 being a by-law respecting noises. A By-law to authorize the sale of land in the Falls Industrial Park Extension. (Lot 3 to W. & V. Lumley) A By-law to authorize the sale of land in the Falls Industrial Park Extension. (Lot 12 to W. Krueger) A By-law to authorize the execution of an agreement with the Royal Canadian Legion. A By-law to provide monies for general purposes. Carried with Aldermen Merrett and Puttick abstaining on By-law No. 81-61, and all others voting in favour. 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. 81-53 - A By-law to establish certain land as part of Burdette Drive East. No. 81-54 - A By-law to authorize the acceptance of a conveyance from the Regional Municipality of Niagara. Carried Unanimousl No. 19 - DILTS - KEgRIO - RESOLVED that the No. 81-55 - A By-law to authorize the execution of an agreement with Provincial front-end loader at $22.40, for use at the Sanitary Landfill Site be accepted and $309,191 for the Transit Operating Assistance Programs; ~ the Seal of' No. 81-57 - A By-law to ~end By-law No. 7535, 1967 being a by-law respecting Niagara Falls hereby requests an allocation of subsidy funds for Public ~ noises. transportation in the amount of $149,600 for the Capital Assistance Programs No. 81-58 - A By-law ~o ~uthoriz~ the sale of land in the Falls I~duetrial Park Niagara Falls hereby requests an allocation of subsidy funds f~r 'transportati0~ Extension. (Lot 12 to W. Krueger) and Highway ImProvement Act, the Council of the Corporation of ~he City of affixed. . No. 81-61 - A By-law to provide monies for general purposes ~arried Unanimou ~Y-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that following by-law be now read a third and final time: No. 80-211 - A By-law to authorize the reconstruction of Clark Avenue from 1 Ferry Street to Robinson Street. Carried Unanimous ..... 11 Carried with Aldermen Herrerr and Puttick abstaining on By-law No. 81-61, and all others voting in layout. NEW BUSINESS INVITATION TO PRINCE CHARLES AND LADY DIANA Alderman Cummings commended the Mayor and City Clerk for their efforts ...,.12 - 12 - in preparing the invitation to be sent to Prince Charles and Lady Diana to spend their honeymoon in Niagara Falls. LIVE BOXING MATCH AT NIAGARA FALLS ARENA Alderman Cummings commended the staff involved in arranging the live boxing match held recently at the Niagara Falls Memorial Arena. The Alderman felt that the City Was gaining a reputation for being able to schedule and operate events of such a high calibre. Mayor Thomson agreed that the event had been very successful with an attendance figure of over three thousand, and indicated that he would be interested in seeing the financial benefits the event generated. DAMAGE TO PROPERTY ON RIVER ROAD In response to a question raised by Alderman Puttick, the Director of Municipal Works confirmed that the City had resolved the problem on River Road where a property had been damaged by a contractor involved in installing a watermain. INDUSTRIAL PROMOTION BY THE REGIONAL MUNICIPALITY OF NIAGARA Mayor Thomson advised that he and several aldermen, representatives of the Niagara Falls Business & Industrial Growth Agency and the City Manager had met with officials of the City of St. Catharines regarding the involvement by the Region in industrial promotion. The Mayor indicated that he was to meet with Mayor Adams of St. Catharines again in order to reach some common ground regarding the establishment of an industrial promotion office at the Regional level. At a recent meeting of the St. Catharines City Council, Mayor Thomson advised that a resolutinn was passed indicating that St. Catharines would no longer negotiate with Niagara Falls on the matter, and re-affirming that City'! preference for a one-tier system of industrial promotion. In expressing his disappointment at this action, the Mayor commented that he felt it was unfair to expect Niagara Falls to discontinue its industrial promotion operations and disband the B.I.G. Agency after many years of success. Mayor Thomson felt the: the City should not contribute anything towards a Regional industrial body if the Region proceeded further without taking the City's concerns into consideration. The Mayor felt that the City should fight any move to disband the City's Business & Industrial Growth Agency to the Ontario Municipal Board if necessary. Alderman Merrett also expressed his disappointment over this development, and indicated that he had felt some progress had been made following the meetings with St. Catharines officials. The Alderman pointed out that the City had proven itself in the industrial promotion field, and the City should not be expected to give up its investment over the years in promoting industry in Niagara Falls, with the stroke of a pen. It was moved by Alderman Cheesman, seconded by Alderman Cummings, that the meeting adjourn· Carried Unanimously .... READAN DAD OpTED, coLh' .soNi ash" THIRTEENTH MEETING Council Chambers March 16, 1981 SPECIAL MEETING Council met on Monday, March 16, 1981 following a General Committee session, All members of Council were present with the exception of Alderman Fete. His Worship, Mayor Thomson presided as Chairman. RATIFICATION OF GENERAL COMMITTEE DECISIONS Report No. 221 - City Manager - Re: Employee Benefits - Dental Plan. The report recommends that Council approve payment by the City to employees of outstanding claims under the former Delta Dental Plan for dental services rendered prior to February 1st, 1981, subject to certain conditions- ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining on a conflict of interest, and all others voting in fayour. Resolution No. 22 - CUMMINGS - KERRIO - RESOLVED THAT WHEREAS the City of Niagara Falls through its Bus{hess & Industrial Growth Agency Inc. has during I. the past twenty years of operation developed successful programmes to encourage commercial and industrial development within the Municipality; AND WHEREAS a proposal for the creation of the Niagara Development Corporation does not in its present form give proper recognition to the investment made by this Municipality in the field of industrial, nor does it provide for a reasonable transitional period for the implementation of an organization having Jurisdiction over the entire Region; AND WHEREAS the premature implementation of the proposed Niagara Development Corporation will undoubtedly have adverse effects upon the City; of Niagara Falls particularly in those areas where negotiations to develop industry within' the Municipality have been initiated by the Business & Industrial Growth Agency Inc.; NOW THEREFORD BE IT RESOLVED that the Regional Municipality of Niagara be asked to consider the present proposal for the establishment of the Niagara Development Corporation as a basis on which discussions with all municipalities can be held to arrive at a proposal mutually acceptable to all municipalities and agencies involved; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS It was moved by Alderman Puttick, seconded by Alderman Dilts, that any member of City Council wishing to Join t~he City's dental plan, be permitted to do. so at his/her own expense. Carried Unanimously. It was moved by Alderman Cheesman, seconded by Alderman Kerrio, that the meeting adjourn. Carried Unanimou, SlY. CaLLINSON, CITY 8LERI( MAYOR WAYNE THOMSON J FOURTEENTH MEETING Council Chambers March 23, 1981 REGULAR MEETING Council met on Monday, M~rch 23, 1981 at 7:30 p.m. All members of Council were present with the exception of Aldermen Fera and Puttick. His Worship, Mayor Thomson presided as Chairman. Alderman Schisler offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the minutes of the meetings held on February 16th, 23rd, March 2nd and 9th, 1981, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS COLLECTION OF WASTE NEWSPAPER Report No. 199 - Municipal Works Committee - The report recommends: 1) That City employees and City owned equipment not be engaged in providing a separate waste newspaper collection service in the City; 2) That Niagara Recycling Limited be authorized to initiate a monthly waste newspaper collection service for a trial period in the Chippawa area of the City commencing Friday, April 3, 1981; and 3) That upon satisfactory completion of the trial service, City staff be authorized to negotiate an agreement with Niagara Recycling Limited for the purpose of expanding this monthly waste newspaper collection service on a gradual basis eventually covering all urban areas within the City. AND Communication No. 90 - Fiore & Son Limited - The communication expresses opposition to any by-law being considered to prevent unauthorized pick-up of waste newspaper- Mayor Thomson explained that the main objection of groups such as the Boy Scouts and disposal services such as F. Fiore & Son Ltd., was the designation of Niagara Recycling as the "exclusive agent" to collect waste newspaper. As long as the collection by Niagara Recycling was to be carried out on an experimental basis and no exclusive agent designation was to be made, the Mayor felt the report could be adopted. In response to a question raised by Alderman Cheesman, the Director of Municipal Works explained that charitable groups would be allowed to work along with Niagara Recycling on the collection of waste newspaper. As far as paper being placed out at the curb, Niagara Recycling would be given the exclusive right to collect that material. Mr. M. Booth of Ontario Paper advi~d that where a curbside collection programme is in place, the purpose of the anti-scavenging by-law was to give protection to the group authorized to make the collection of paper placed on the curb. In St. Catharines where such a programme exists, Mr. Booth indicated that people go around the city early in the morning stealing the paper placed at the curb. It was also pointed out that placing of newspaper at the curb was done on a voluntary basis, and if the home owner decides that he wishes his waste newspaper to be given to Niagara Recycling, the paper should belong to Niagara Recycling. If on the other hand a home owner wishes to support some other group, he does not have to place the newspaper out at the curb. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Kerrio, that the report be tabled for one week. The motion Carried with Alderman Dilts voting contrary, and all others voting tn favour. ZONING BY-LAW NO. 79-200 AND ONTARIO MUNICIPAL BOARD DECISION Report No. 222 - City Solicitor/Planning Director - The report recommends passage of a by-law to provide for the changes in By-law 79-200 as directed by the Ontario Municipal Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received,and adopted, Carried Unanimously. -2- ONTARIO MUNICIPAL BOARD DECISION ON THE REGION'S URBAN AREA BOUNDARIES AND AMENDMENT NO. 1 TO THE POLICY PLAN Verbal Report - Planning Director - The Planning Director explained the Ontario Municipal Board decision on the second series of hearings held on the Region's Urban Area Boundaries and Amendment No. 1 to the Policy Plan, and recommended that the City not appeal the decision of the Board to the Cabinet. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the City not appeal the decision of the Ontario Municipal Board to the Cabinet. Carried Unanimously. LICBNCE FOR AMUSEMENT PLACE, CATTELL DRIVE/WILLOUGHBy DRIVE PLAZA Report No. 223 - Deputy City Solicitor - The report recommends that if Council deems it desirable to consider refusing the application of ~. J. DeGiorgio for a 1981 licerice for an amusement place at the subject premises, it first hold a hearing and give proper notice thereof to the applicant. AND Communication No. 91 - Mr. D. Marineill - The communication advises that Mr. DeGiorgio has decided not to proceed with the licence, and that Council need not deal with the application. The communication also advises that Mr. DeGiorgio is willing to meet with staff and resolve any disputes regarding his operation on Main Street. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that staff be instructed to meet with Mr. Marineill, his client and merchants in the Main Street area. Carried Unanimously. PARKING FOR THE HANDICAPPED Report No. 224 - Municipal Parking & Traffic Committee - The report recommends the preparation of by-laws to provide (a) for the issuance by the City Clerk of permits to permanently handicapped persons who hold valid motor vehicle drivers licenoes; (b) that holders of these permits may park a[~ll parking meters in the City without charge and in any space designated for exclusive use by permit holders; and (c) for the provision on all public parking lots and ou all prtvati commercial parking lots in excess of 49 spaces of parking spaces for the exclusive use of Permit.holders at locations as close as practicable to the entrances of the uses for which parking is provided, in accordance with the schedule laid out. Alderman Merrett stated that it was most fitting that this legislation will be brought in during 1981, the International Year'for the Physically Disabled. The Alderman explained that the permits outlined in the report will not be issued to relatives or friends of handicapped persons, only to permanentl handicapped persons who hold valid motor vehicle drivers ltcences. It was also advised that a check would be made with the Permit holders to determine if they were running into any problems with enforcement of the provisions of the by-law. Alderman Herrerr provided additional information on the matter in response to a number of questions raised. Alderman Cummings suggested that a copy of the report be sent to the Social Planning Council. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Ctm~nings, that the report be received and adopted. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Dilts, that the following reports be moved forward for consideration at this time, Carried Unanimously. . . REP~ORTS No. 225 - Municipal Works Committee - Re: Calaguiro Subdivision. The report recommends that the list of amendments to the Declaration of Policy for Develo of Subdivisions as noted in the report considered by the Committee on March .1981, be epproved for the Calaguiro Estates Subdivision due to the uniqueness of the proposal. The Director of Municipal Works Provided additional information concerning storm drainsge in response to a question raised by Alderman Merrett. ORDERED on the motion of Alderman Kerrfo, seconded by Alderman Janvary, thaC the report be received and adopted. Carried Unanimously. - 3- No. 226 - City Manager - Re: Fire Department Uniform Tender. The report recommends acceptance of the following tenders: Complete Uniforms - Firth Clothes, $11,932.22; Clip-On Ties - SainthiI1 Levine Uniforms, $381.99; perma-Press Trousers - Audibert's Men's Shop, $1,720.22; and Shirts - Sainthill Levine Uniforms, $4,970.69- AND Con~nunication No. 92 - Mr. Vince Audibert - Re: Fire Department Uniform Tender. The communication expresses displeasure at the manner in which the tender opening for the supply of Fire Department uniforms was handled. Mayor Thomson took exception to comments in Mr. Audibert's letter concerning the action of the City in accepting the Sainthill Levine tender, as being misleading to Vince Audtbert's Ments Rashions Limited and a transparent attempt to relieve the City of its liability to Sainthill Levine. The Mayor explained that the tenders had been opened according to the usual practice at 1:30 p.m. Following opening of the tenders, staff members in attendance went to the Purchasing Department to examine the clothing samples submitted. At that time, it was discovered that tender documents from Sainthill Levine had been included in the package containing the clothing samples which had been submitted several days prior to the tender closing. On the advice of the Deputy Solicitor, all persons attending the tender opening were requested to return to the City Hall, and the Sainthill Levine tender was opened in their presence. The Mayor felt the City was not being unfair to Mr. Audibert, but had in fact gone out of its way to be fair to all tendeters involved. Mr. Audibert stated that the person who had artended the tender opening for him, had been sent only to take notes and was not officially representing his firm. Mr. Audibert felt it was improper for the City to have called this person hack to attend the opening of the Sainthill Levine tender. The City Treasurer indicated that tenders are not accepted at the tender opening. When an unopened sealed tender enevelope was discovered in with what the Purchasing Department had thought was a sample. Since no tender had been awarded as yet by Council, it was felt that the tender which had been submitted prior to the closing date, should be opened. In order to be fair to all involved, the persons who artended the first tender opening were asked to return' to the second opening. Whether the individual attending on behalf of Mr. Audibert was familiar with the normal procedure or not, she was asked to return to the City Hall for the second tender opening on the advice of the Ctty's Legal Department. Alderman Kerrio asked if a dangerous precedent was being set in accepting tenders that were not opened at the official tender opening. The Deputy Solicitor advised that it would be far more dangerous for Council not to open a tender which had been properly placed in the hands of the City. It was felt that such action would prejudice the integrity of the City's tendering procedure, particularly in view of the City's inadvertence in not opening the tender. In response to a further question raised by Alderman Kerrio, the Deputy Solicitor indicated that even in the case of a larger tender, if he were consulted and knew that a tender had not been opened through no fault of the tenderer, he would give the same opinion that the tender should be opened since a tenderer should be able to rely on his properly submitted tender being opened by the City. In response to a question raised by Alderman Cummings, the City Treasurer explained that the tender documents were placed in the appropriate tender envelope, and delivered by courier to the City Clerk's Department. The package was then sent to the Purchasing Department where it was set aside on the assumption it contained clothing samples. Alderman Cummings felt it was irresponsible for Sainthill Layins to submit their tender in such a manner. While the Alderman conceded that the City must accept some responsibility for the oversight, he also felt Sainthill Levine was at fault for not clearly marking the delivery package in the first instance. Alderman Cummings also felt the City should start doing more to help local businesses, particularly when the difference in price was so little. Mayor Thomson provided additional information on the City's tendering procedures in response to questions raised by Aiderman Schisler. Aiderman gchisler indicated that he believed the City must accept the low tender when properly submitted~ or the purpose of tendering would be defeated. Alderman Chessman also felt that Council had no option but to accept the staff recommendation, and pointed out that a laWer would have no trouble defending Sainthill Levine'e position in the matter. -4- Alderman Merrett commented that while he was supportive of local firms, he felt Council would be treading on dangerous ground if it ignored the prices contained in an inadvertently misplaced envelope. Alderman Kerrio stated that in his opinion, any tender envelope not in the tender box at the time of the official opening, should not be accepted. The Fire Chief and City Treasurer provided additional information in response to a number of questions raised. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Kerrio, that the tender for shirts be awarded to Vince Audibert's Men's Fashions, and the balance of the report received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Cummings and Kerrio. ~YE: Aldermen Chessman, Dilts, Baker, Janvary, Barrett, Orr, Schisler and Somerville. It was then moved by Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: ' AYE: Aldermen Cheesman, Dllts, Baker, Janvary, Barrett, Orr, Schisler and Somerville. NAYE: Aldermen Cummings and Kerrio. No. 227 - Finance Committee - Re: Ker Park Concession. The report recommends that Mrs. Betty Culp be retained for 1981 as operator of the concession at Ker Park with one year's notice that the concession is to be awarded to the Ladies Auxiliary of the Minor Boys' Softball Association in 1982. AND Communication No. 93 - Niagara Falls Minor Boys Softball Association - Re: Ker Park Concession. The communication requests that Council consider the ietter dated September 16, 1980 by the Niagara Falls Minor Boys Softball Ladies Auxil~ to operate the concession at Ker Park for the 1981 season. Mr. B. Weaver, President of the Association, explained the history of the Association's efforts to have a central location to run its league rather than playing out of four different ball parks. If the Association were permitted t0 operate the concession at Ker Park, it could become self-sustaining and would not require funds from the Recreation Commission. Following discussions in 1980 with the Commission, Mr. Weaver indicated that the Association had gone on the assumption it would be operating the concession in 1981. Mrs. P. Baldin of the Association indicated that she had talked to the Director of Recreation in 1980 and had been told that Mrs. Culp would be operating the concession that year since she had already ordered her supplies. kt that time, the Association was advised to re-apply for the concession rights in 1981. Mrs. B. Culp stated that she had taken over the concession operation five years earlier when no other group or individual was interested. At that time .she purchased equipment and had operated the concession since. Mrs. Culp indicated that the concession was her sole source of income. While she understood the position of the Association, Mrs. Culp felt she should be given one year's notice in order to make some other arrangements. It was also pointed out that the licenee to operate the concession had been paid for, and it was not until March that Mrs, Culp was given any indication she would not be permitted to operate the concession. Mayor Thomson advised that it is the policy of the Recreation Commission to encourage volunteer groups to take over the concession stands' at the various parks so that the money will go back into the parks or support of the clubs. The Mayor asked if there was another location in the City where Mrs. Culp could operate a concession and still accommodate the Association at Ker Park. The Director of Recreation indicated that he could investigate this possibility. In response to a question raised by Alderman Cummings, the Director of Recreation advised that an agreement with Mrs. Culp had been prepared and sent to Mrs. Culp, however the details had never been finalized. There had been some concern over the fee structure suggested in the agreement. The agreement would Also have provided for one year's notice to Mrs, Culp that -the agreement would be terminated. Alderman Cummings indicated it was his understanding the concession would only be operated privately until such time as some minor sports group was available to take over. Alderman Orr asked if the policy of the Con~isaion had been explained to Hrs, Culp, and the fact that the Commission would barecommending the -5- concession rights be given to the Association. The Director of Recreation advised that this information had been explained to Mrs. Culp, however the final decision on who would operate the concession would be made by Council. Alderman Chessman felt the fact an agreement had been circulated which contained the "one year's notice" clause was sufficient cause for Mrs. Culp to think that she would have one year's notice, regardless of whether or not that agreement had been finalized. The Alderman also felt that notice that the concession rights would be given to another group would have to come from Council. Alderman Chessman suggested that a decision be deferred and that staff be instructed to determine if another location could be found for Mrs. Culp. Alderman Cummings advised that the Association had made its grant request to the City assuming it .would be operating the concession in 1981. The Alderman felt that if the group was not going to be given the concession rights, no decision should be made on a grant until the Association can re-submit its grant request. Following considerable discussion, it was moved by Alderman Cummings, seconded by Alderman Schisler, that the concession operation at Ker Park be Bos' awarded to the Ladies Auxiliary of the Minor y Softball Association. It was then moved by Alderman Cheesman, seconded by Alderman Dilts, that the matter be tabled for two weeks, and that staff investigate the possibility of accommodating Mrs. Culp at another location. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Chessman, Dilts, Janvary, Orr, Kerrio and Somerville. NAY'E: Aldermen Cun~nings, Baker, Barrett and Schislero COMMUNICATIONS No. 94 - Mr. J. Charlebois - Re: Leg Hold Traps and Niagara South Recreation Complex. The communication requests: (a) that the name of the N~agara South Recreation Complex be changed to read "Chippawa Recreational Centre"; and (b) that provide information on a request made previously to have a by-law prohibiting the use of leg hold traps passed. The City Clerk explained that the action of Council on the request for a by-law prohibiting leg hold traps, was to include in its next application for an amendment to the City of Niagara Falls Act, the necessary legislation to enable the municipality to enact such a by-law. To date, it has not been found necessary to request an amendment to the Act. Alderman Somerville pointed out that many residents of Willoughby donated towards the construction of the Niagara South Recreation Complex, and in fact, the facility itself was constructed on land within the former Township and not Chippawa. Alderman Dilts agreed that individuals from both the former Village and Township had supported the creation of the facility, and noted that it was used by all residents of the City. ~ ORDERED on the motion of Alderman Somerville, seconded by Alderman Dilts, that the ~communication be received and filed~ and a letter of explanation sent to Mr. Charlebols. Carried Unanimously. No. 95 - City of St. Catharines - Re: 1981 Regional Sewage and Water Rates. The communication requests endorserich of a resolution opposing the increase of the Region's sewage and water rates for 1981. Mayor Thomson explained that the Region had little choice but to increase the rates, since works constructed previously must now be paid for from the rates collected. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the eon~aunication be received and filed. Carried Unanimously. No. 96 - Canadian Mental Health Association/Niagara Falls - Re: Council Representative. The communication requests that a member of Council be appointed to the Board of Directors for the Niagara Falls Board of Directors. Alderman Janvary suggested that several members could be appointed to share the meeting schedule. Mayor Thomson suggested that the request could be tabled and the Association asked to provide information on its meeting schedule and the possibility of the appointment being ~accepted by the members of Council on a rotating basis. -6- Alderman Cummings stated that the Association was a member of the United Way, and Council did have a representative on the United Way Board of Directors. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Orr, that the communication be tabled for two weeks pending receipt of additional information. Carried Unanimously. No. 97 - Mr. F. Serafino - Re: Group Homes. The communication comments on the City's position on group homes. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the communication be referred to the Joint Planning Department/Social Planning CounciI Committee on Group Homes to discuss the merits of the suggestions made, and that a report be submitted to Council following the Committee's considerati, Carried Unanimously. No. 98 - Chippawa Business Association - Re: Council Representative. The communication requests that Council appoint Alderman Dilts as the Council representative on the Association. Alderman Dilts suggested that both he and Alderman Baker be appointed to the Association so that they could alternate their attendance at the meetingi ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that Aldermen Baker and Dilts be appointed to the Chippaws Business Association. Carried Unanimously. No. 99 - R.I.D.E. Education Committee - Re: Current Plans of the Committee. The communication outlines the current plans of the committee and requests the endorsement of Council of the Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that Council endorse the R.I.D.E. Education Committee and its objectives. Carried Unanimously. go. 100 - Welland Tribune - Re: Special Edition on Rose Festival 20th Asniversar The communication requests that the City submit a message to be included in the special edition marking the 20th anniversary of the Welldh~ Rose Festival. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the communication be referred to the Finance Committee. Carried Unanimously. No. 101 - Mrs. M. Brooks . Re: Traffic Problem - Bridge Street and River Road. The communication requests that Council have Regional officials and the Niagara Parks Commission investigate the 'traffic congestion at the subject intersection in order to make improvements prior to the tourist season. Mayor Thomson indicated that a flashing light at th~ intersection had been removed recently during construction in the area, and the Region was of the opinion that the light was no longer warranted. The Mayor suggested that staff meet with the Region and the Niagara Falls Bridge Commission in order to reach some solution to the problem. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the matter be referred to staff to meet with officials of the Region, the Niagara Parks Commission and Niagara Falls Bridge Commission in order to reach a solution to the problem, and that a report be submitted to Council in two weeks. Carried Unanimously. No. 102 - Chamber of Commerce - Re: Council Representative. The communication requests that Council appoint a member to attend future Chamber of Commerce meetings. Mayor Thomson suggested that the appointment be made on a rotating basis, so that each member of Council could alternate at attendin8 the. meetings. ,ORDERED on the motion of Alderman Kerrio, seconded by Alderman Dilts, that Council members accept the appointment to the Chamber of Commerce on a rotating basis. Carried Unanimously. ~EPORTS No. 228 - City Clerk - Re: AM-15/80, Objection to Zoning Amendment By-law 81-19, Michael's Inn. The report advises that as a result of circulating the subject by-law, 12 letters of objection have been received, ORDERED on the motion of Alderman Dilts, seconded by AIderman Barrett, that the objections be referred to the Ontario Municipal Board, and that Council re-affirm its approval of the rezoning. The motion Carrie._____/dwtth Aldermen theeamen and Baker voting contrary, and all others voting in fayour. - 7- No. 229 - City Manager - Re: Falls Industrial Park Extension - Sale of Lots 34, 35 and 36 to Washington Mills Limited. The report recommends that the closing date of the subject transaction be ~rch 31st, 1982, and that R. Blake Erwin & Associates be retained by the City to carry out the required survey for the transaction. ORDERED on tbe motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 230 - City Manager - Re: Proposed Moretta Estates Subdivision (Revised). The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the City concurs with a one year extension of draft plan approval to April 17th, 1982 for the subject subdivision. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 231 - City Manager - Re: Proposed Kingsview Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the City of Niagara Falls concurs with a one year extension of draft plan approval to April 16th, 1982 for the subject subdivision. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 232 - Municipal Works Committee - Re: 1981 Asphalt Overlays. The report recommends that staff be authorized to call tenders for a contract for the 1981 asphalt overlays programme, and that the contract for this work be awarded prior to City Council's approval of the 1981 Operating Budget. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 233 - Municipal Works Committee - Re: Regional Municipality of Niagara Proposed 1981-85 Capital Works Budget. The report outlines the works that are proposed by the Region in the City of Niagara Falls. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 234 - Municipal Works Committee - Re: Subdivision Development in Registered · Plan 16 & ll in the former Village of Chippawa. The report recommends: 1) That the Director of Municipal Works be authorized to engage the services of the consulting engineering firm of R.V, Anderson Associates Limited to provide the necessary engineering work for the above noted lands; and 2) That a contract for the installation of underground services to service 15 lots be called about the same time as a contract for the implementation of Phase I of Flood Relief Scheme as proposed by Paul Theil Associates Limited. The Director of Municipal Works provided additional information regarding the retention of R.V. Anderson Associates in response to a question raised by Alderman Cummings. ORDERED on the motion of Alderman Dtlts, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 235 - Municipal Works Committee - Re: Contract R.C. 2-81, Road Reconstruction and Storm and Sanitary Sewer Construction on Main Street from Perry Street to Delaware Street. The report recommends: 1) acceptance of the unit prices submitted by L & N Construction Ltd. for the subject contractJ 2) passage of the by-law authorizing the agreement with L & N Construction Ltd.; and 3) that financing be provided from Account 13101 - Contribution to Capital Projects for the additional funds required to complete this project, over the approved amount in Capital Works By-law 79-213 and applicable subsidies. The Director of Municipal Works provided additional information regarding the contract and the involvement of the Main & Ferry Business Association in response to a number of questions raised. ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 23 See By-law No. 81-63 No. 236 - City Manager - Re: Tenders for Materials - 1981. The report recommends acceptance of tenders for the supply of various materials required in 1981. ~le Director of Municipal Works advised that paragraph 3 of section 3 regarding the supply of granular material should refer to Port Colborne Ouarries and not Hard Rock Paving. ORDERED on the motion of Alderman Orr, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See Resolution No. 25 P -8- No. 237 - City Manager - Re: Parking on Cryslat Avenue. The report recommends the necessary by-law amendments to provide for no parking on the easterly side of Crysler Avenue from Queen Street to Huron Street and for the provision of metered spaces on the west side of the same block. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No, 238 - City Manager - Re: By-law Enforcement Contract. The report recommends passage of a by-law authorizing an agreement with the Canadian Corps of Commissionaires for by-law enforcement. In response to a question raised by Alderman Chessman, the Traffic and Construction Engineer advised that the reduction of one By-law Enforcement Officer would be from the on-street patrols and would not affect the fire lane enforcement. The reduction had been achieved through attrition. Additional information was provided regarding the free downtown parking on Saturdays and its effect on the number of By-law Enforcement Officers required. Alderman Merrett also provided information regarding the Parking Fund. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law No. 81'6- No. 239 - City Manager - Re: Parking on Bridge Street. The report recommends that the Region be requested to reduce the length of an existing eight space taxi stand in front of the Bridge Street train station to five spaces, and to allow parking by the general public in the other three spaces. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 240 - City Manager - Re: Rental Rates for City Arenas. The report provides information on the rental of City Arenas for special events. Alderman Dilts indicated that the $16.00 per hour re~tal rate for use of non-ice floor area in the arena was acceptable to the group involved. ORDERED on the motion of Alderman Dilts, seconded by Alderman Kerrio, that the report be received and filed. Carried Unanimously. No. 241 - City Manager - R~: Ontario Arena Association Inc. 1981 Staff Trainin~ and Development Program. The report recommends that the Stamford/Jack Bell Arem Manager be authorized to attend the subject training and development program to be held at Guelph University from May 3 - 8, 1981. In response to a question raised by Alderman Cummings, the Director of Buildings and Inspections advised that the attendance of only one Arena Manager was being recommended, since only one had requested Permission to attend the training program. Additional information was 'provided in response to a number of questions raised. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 242 - City Manager - Re: Firehall Theatre Renovations - C.S.C.P. The report recommends that the City acquire the services of D.N. Chapman Associates for the Preparation of plans for work to be carried out at the Firehall Theatre. In response to a question raised by Alderman Cummings, the Director of Buildings and Inspections advised that he was aware of three firms in the City capable of doing architectural work, and of the type of work the dity requires. Acres would not normally take on such a project, and the owner of the other firm was ill and was not taking any work on. The only other firm was D.N. _Chapman Associates, which the 8tearing Committee was recommending, Alderman Kerrio felt it was unfortunate~ but it appeared there was only one firm available to do this type of work, even though he would like to see other firms have the opportunity to do work for the City, Following further comment, it was moved by Alderman Janvary, seconded by Alderman Merrett, that the report be received end adopted, The motion Carried with Aldermen Cunmmings and Baker abstaining on a conflict of interest, ~nd all others vetin8 in faYour, No. 243 ~ Finance Committee . Re: Ronald McDonald HoUse - Financial Assistance,l The report reccexaends that a grant in the amount of $500 to support the Ronald NcDonald House be provided in the 1981 operatin8 budget. ORDERED on the motion of Aldextan Cummings, seconded by Aldermen Kerrio, that the report be received and adopted,~ Carried Unanimously, -9 - No. 244 - Finance Committee - Property Standards Committee - Payment of Expenses. The report recommends that no remuneration be approved to members of the Property Standards Committee. Alderman Cheesman stated that the Property Standards Committee was created by Council, and could not be considered the same as some sports activity committee, but more like the Land Division Committee or the Committee of Adjustment. Both of these committees must inspect sites and have a quasi-judicial status, and it would be completely inconsistent to rule this con~ittee out especially since its members must use their own cars and gas to visit sites. Alderman Merrett felt that people donate their services to the City when they apply to serve on a board or commission. The Alderman did not feel the City should entertain paying the members' expenses, particularly in view of its workload. In response to a question raised, the Director of Buildings & Inspections advised that previously the Committee met only two or three times a year. It was likely however that the Committee would be more regularly in 1981. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Aldermen Chessman and Dilts voting contrary, and all others voting in fayour. Mayor Thomson suggested that the matter be reviewed in six months, and a report brought back into Council at that time. No. 245 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer provided additional information on Cheques #1039, 1045, 1053, 1054, 1164, 1219 and 1244, in response to questions raised by Alderman Cummings and Orr. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 246 - City Solicitor ~ Re: Amendment to Penalty Provisions in Certain By-laws. The report recommends passage of a by-law amending the penalty provisions in certain by-laws. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 81-65 No. 247 - City Clerk - Re: Vacancy - Niagara Falls Board of Museums. The report recommends that Mr. Ted Lees be appointed to the Niagara Falls Board of Museums in order to fill the vacancy created by the resignation of Mr. Mark Hopkins. ORDERED on the motion of Alderman Schisler,_ seconded by Alderman Baker, that the report be received and adopted. Carrf~d Unanimously. See By-law No. 81-66 No. 248 - City Manager - Re: Ontario Municipal Fire Prevention Officers Association. The report recommends that the Director of Fire Prevention be authorized to attend the 25th annual conference of the Ontario Municipal Fire Prevention Officers Association to be held in Chatham, Ontario from April 7th to 10th, 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orrs that the report be received and adopted. Carried Unanimously. No. 249 - City Manager - Re: Confirmation of Appointment - Fire Chief. The report recommends that the appointment of Fire Chief Dave Kemp be confirmed upon the completion of his one-year probationary period which ends March 31, 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilte, that the report be received and adopted, Carried Unanimously. No. 250 - Alderman Janvary - Re: Making Better Use of Existing Resources. The report provides information on the proceedings of a workshop held in Hamilton entitled "Making Better Use of Existing Resources - A Strategy for the 80as''· ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Baker~ that the report be received and filed, .Carried Unanimously, - lO - No. 251 - Alderman Janvary - Re: Seminar for New Councillors. The report provides information on the proceedings of the seminar for new councillors held recently in Stratford, Ontario. Mayor Thomson co.~nented on the section of the report dealing with conflict Of interest, and commented that severe action can be taken against a member of~ council who does not declare a conflict of interest, no matter how slight. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 252 - Mayor Thomson ~ Re: Whirlpool Road Bridge over Ontario Hydro Canal. The report provides information on the action taken to date regarding efforts to have the bridge over the Canal replaced. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and filed. Carried Unanimously. No. 253 - City Manager - Re: Ontario Home Renewal Program. The report recommen! that City Council pass the attached resolution which authorizes the MunicipalitI to apply for maximum funding of $232,862.25 available for the 1981-82 period allowing the Municipality to extend its participation in the program. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 254 - City Clerk - Re: Consent Items. 1) Newcomer Language/Orientation Class - Re: Request for Financial Assistance. Recommendation - Refer to Finance Committee for consideration. 2) Niagara Falls Fire Fighters Recreational Association - Re: Proposed Club House. Recon]nendation - Refer tothe appropriate staff in order that the required information can be provided, 3) Mr. E. Cordon - Re: Morrison Street Extension. Recommendation , Refer to the Regional Municipality of Niagara for a report. 4) Mrs. I. Mallett - Re: Driveway Entrance. Recommendation -.-Refer to staff for the preparation of a report. 5) Regional Municipality of Niagara - Re: Ontario Municipal Board Decision on the Regional Policy Plan and Urban Areas Boundaries. Recommendation _ For the information of Council. 6) Canadian National Exhibition _ Re: Promotional Benches. Recommendation - Refer ~o Finance Committee for consideration. 7) Canadian Friends of Schizophrenics _ RE: Request for Financial Assistance. Recommendation _ Refer to Finance Committee for consideration. 6) Regional Municipalityfor Niagara - Re: Water and Sewage Flows for February/SL Recommendation _ For the information of Council. 9) Ministry of Transportation & Communications _ Re: 1985 International Year of Disabled Persons. Recommendation _ Refer to staff for. consideration of the suggestions contains! in the letter. 10) Land Division Committee . Re: 1960 Year End Report. Recommendation . For the information of Council. 11) Niagara Falls & Fort Erie Police Club - Re: Annual Policeman'a Ball. Recommendation _ For the information of Council. 12) Children's Services Committee - Re: Needs of Children in the Niagara Area. Recommendation . For the information of Council. 13) Regional Municipality of Niagara . RE: Major Development Opportunities and Issues in Canada's Regions and Economic Development Prospects in Ontario. Recommendation . For the information of Onuncil. 14) Niagara Falls Family Y.M.C.A. - Re: Special Occasion Permit. Recommendation . That the request be approved subject to the es~ablished policy on Proclamations. 15) Heart Niagara - Re: Heart Niagara Week~ September 12 - 19, 1981. Recommendation _ That the proclamation be approved subject to established policy. 16) Ontario Nurses Association . Re: Nurses Week, May 4 - 9, 1981. Recommendation . That the proclamation be approved subject to established policy. ORDERED on the motion of Alderman Herrart, seconded by Alderman Dllts, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 23 - DILTS - ORR - RESOLVED that the unit prices submitted by L & N Construction Ltdo for road reconstruction and Storm and sanitary sewer .1 - 11 - construction on Main Street from Ferry Street to Delaware Street, be accepted at the tendered price of $438,267-401 AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 24 - CHEESMAN - ORR - RESOLVED that the following prices submitted for the supply of Fire Department uniforms, be accepted: Complete Uniforms - Firth Clothes - $11,932.22; Clip-On Ties -~Sainthill Levine Uniforms - $381.99; Perma-Press Trousers - Audibert's Men's Shop - $1,720.22; and Shirts - Sainthill Levine Uniforms - $4,970.69; AND the Seal of the Corporation be hereto affixed. Carried with Aldermen Cummings and Kerrio voting contrary, and all others voting in favour. No. 25 - ORR - SCHISLER - RESOLVED that the following prices submitted for the supply of materials for 1981 be accepted: 1) Tires, Tubes & Tire Repairs - Firestone Canada Inc. 2) Hot Mix Asphalt & Asphaltic Cold Patch - Northland Bitulithic Ltd. and Hard Rock Paving Limited. 3) Supply of Granular Material - Walker Brothers Quarries, Queenston Quarries, T.C.G. Materials Limited, Ridgemount Quarries Limited, and Port Colborne Quarries. 4) Gate Valves - Western Supplies Limited. 5) Valve Boxes - 3.R. Ferguson Limited 6) Tapping Valves & Sleeves - Western Supplies Limited 7) Oxygen, Acetylene & Propane - Niagara Welders Limited 8) Cement, Lime & Seal Bond - Weightman (Chippawa) Limited 9) Ready Mix Concrete - The Premier Group (Formerly Niagara Ready Mix ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 26 - CHEESMAN - BAKER - 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 $232,882.25 for the fiscal year of 1981 to 1982 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 $116,441.13 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 Houaing Deyelopment Act and the regulations thereunder in the administration of the O~ario Home Renewal Program; AND the Seal of the Corporation be hereto affixed. Carried Unantmousl7 No. 27 - SOMERVILLE - SCHISLER - RESOLVED that the Program of Proposed Expenditures for Nighway Improvements for the year 1981 dated March 23rd, 1981, be adopted as presented in the total estimated amount of $2,940,600 with an estimated subsidy of $982,000; AND the Seal of the Corporation be hereto affixed. Carried Unanimous.ly BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that leave be granted to introduce the following by-lawss and the 'by-laws be read a first time: No. 81-62 ~ A By-Saw to amend By-law No. 79-200. No. 81-63.- A By-law to authorize an aSreement with L & N Construction and Excavating Niagara Limited for road reconstruction and storm and sanitary sewer construction. No. 81-64 - A By-law to authorize an agreement with Canadian Corps of Ccr~missionaires. ,! - 12 - No. 81-65 - A By-law to amend By-laws Nos. 5245, 5397, 6661, 70-86, 70-216, 72-211, 73-159, 73-223 and 76-102. No. 81-66 - A By-law to amend By-law No. 80-261 providing for appointments to certain Boards, Commissions and Committees. No. 81-67 ~'A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the following by-laws be read a second and third time: No. 81-62 - A By-law to amend By-law No. 79-200. No. 81-63 - A By-law to authorize an agreement with L & N Construction and Excavating Limited for road reconstruction and storra and sanitary sewer construction. No. 81-64 - A By-law to authorize an agreement with Canadian Corps of Commission (Hamilton). No. 81-65 - A By-law to amend By-laws Nos. 5245, 5397, 6661, 70-86, 70-216, 72-211, 73-159, 73-223 and 76-102. No. 81-66 - A By-law to amend By-law No. 80-261 providing for appointments to certain Boards, Commissions and Committees. No. 81-67 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS COMPLAINTS RE: RATS Alderman Orr advised that she had received a call from a resident regarding rats, and asked what action could be taken. Mayor Thomson advised that the City had a pest control service, and the address of the complaint need only be called to the Service Centre for adtion. The Mayor also suggested that the complaint could be referred to the Health Unit for investigation as well. SMOKE DETECTORS Several members of Council expressed their sorrow at the tragic death8 in a recent fire in the City. It was suggested that some type of legislation should be enacted to make the use of smoke detectors in homes mandatory. Mayor Thomson provided additional inforraation in response to a number of questions raised, It was moved by Alderman Chessman, seconded by Alderman Dilts, that the meetin~ adjourn, Carried Unanimously. READ AND ADOPTED, ' .' OL£IiSON iliY'c£Ei,_ MAYOR WAYNE THOMSON FIFTEENTH MEETING Council Chambers March 30, 1981 SPECIAL MEETING Council met on Monday, March 30, 1981 following a General Committee session. All members of Council were present. His Worship, Mayor Thomson presided as Chairman- REPORTS No. 255 - City Manager - Re: Revision to Contract R.C. 2-81, Road Reconstruction Storm and Sanitary Sewer Construction on Main Street from Ferry Street to Delaware Street. The report recommends: 1) Approval of the changes proposed in Contract R.C. 2-81; 2) That staff be authorized to include these changes in the contract agreement with the contractor; and 3) Passage of the by-law authorizing the temporary closing of a part of Main Street during construction. AND Communication No. 103 - Niagara Transit - Re: Reconstruction of Main Street. The communication requests that the City: 1) Lengthen the present Ferry Street bus stops to accommodate three buses in each direction; 2) Eliminate parking on the west side of Temperance between Sun~ner and Ferry; 3 ) Eliminate parking on the south side of Sumwner between Main and Temperance; 4) Erect signs at all bus stops being temporarily by-passed, advising of the situation; and 5) Provide crosswalks or some protection for passengers transferring between buses on Ferry Street. The Director of Municipal Works provided additional information in response to several questions raised. ORDERED on the motion of Alderman Puttick, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously- See By-law No. 81-70 ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the 'requests of the Greater Niagara Transit Commission be approved. Carried Unanimously. 'No. 256 - City Manager - Re: Contract R.C. 4-81, Road Reconstruction on Clark Avenue from Robinson Street to Ferry Street. The report recommends acceptance of the unit prices submitted by Steed & Evans Limited for the subject contract. ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See Resolution No. 28 See By-law No. 81-68 RESOLUTIONS No. 28 - FERA - DILTS - RESOLVED that the u~it prices submitted by Steed and Evans Limited for the reconstruction of Clark Avenue from Robinson Street to Ferry ~treet, he accepted at the tendered price of $174,344.15; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 29 - FERA - CUMMINGS - RESOLVED that Alderman Charles Cheesman be appointed as Acting Mayor in the absence of His Worship, Mayor Thomson, for the period of April 2nd to April 12th, 1981, inclusive; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that leave he granted to introduce the following.,bY-laws, and the by-laws be read a first time: No. 81-68 - A By-law to authorize an agreement with Steed & Evans Limited for road construction. No. 8{-69 - A By-law to authorize an agreement wit|, Nisus Construction Limited for the supply. of equipment for the City's sanitary landfill site, No, 81-70 - A By-law ~o authorize the temporary closin8 of part of Main Street during construction, Carried Unanimously -2- ORDERED on the motion of Alderman Fera, seconded by Alderman Cunmtngs, that the following by-laws be now read a second and third time: Nu. 8i-68 - A By-law to authorize an agreement with Steed &Evans Limited for road construction. No. 81-69 - A By-law to authorize an agreement with Nisus Construction Limitedit!, the supply of equipment for the City's sanitary landfill site. No. 81-70 - A By-law to authorize the temporary closing of part of Main Street during construction. Carried Unanimously NEW BUSINESS MEETING OF ARENA RENOVATIONS STEERING COMMITTEE Alderman Cunnnings advised that he had been notified of a meeting of the Niagara Falls A3rena Renovations Steering Committee, at which time tenders were to be opened for the renovations at the Arena. The meeting was subsequently cancelled, and the Alderman requested an explanation. The City Manager advised that it was his understanding the closing date had been extended to April 9th because the tender documents had not been ready as early as anticipated. BUS SERVICE TO GARNER ROAD In response to a question raised by Alderman Orr, Mayor Thomson indicated that a report from the Transit Coannission regarding the possibility of extending bus service on Lundy's Lane as far as Garner Road, would be submitted at the next Council meeting. STREET SWEEPING OPERATIONS In response to questions raised by Aldermen Orr and Puttick, the Director of Municipal Works provided information regarding street sweeping operations in the City. Mayor Thomson reminded members of Council of the recent snowstorm that had necessitated the use of sand, and this could be the reason calls are being received. The Mayor advised that during the winter months, seven. hundred tons of sand were placed on the roadways, and the sweepers were well ahead of schedule in removing the build-up on City streets. SPECIAL DOWNTOWN PROMOTION ISSUE, NIAGARA FALLS REVIEW In response to a question raised by Alderman Kerrio, Mayor Thomson advised that the free Saturday parking advertised in the Special Downtown promotion issue, is out of the Downtown Board of Management budget. PARKING AND ODOUR COMPLAINTS - BRIGHTS CANNING Mayor Thomson advised that in response to complaints from residents on Carroll Avenue, the City had installed curbs and gutters along the street to reduce the parking in this area by trucks. The Mayor indicated that the trucks were now backing right over the newly constructed curbs and parking. The City had also removed certain shrubs to improve visibility, and erected parking signs, Mayor Thomson also expressed concern that with the warmer weather coming, the odour from the pulp drying process would a~ain be an irritation to area residents, Alderman Fera indicated that he had received a call from a resident in the area regarding smoke from the Bright's property. The Alderman advised that when he had gone into the resident's yard, there was a black material covering everything in the yard, In response to a question raised by Alderman Puttick, Mayor Thomson stated that the Commissionaires had even been sent out in the mornings to enforce the parking regulations and keep the vehicles moving, however this had not been a deterrent to the trucks. The Mayor suggested that staff be authorized to work with the Niagara Falls B.I.G. A~ency and Brights in order to reach a solution to the problems. Following further comment, it was moved by Alderman Fern, seconded by Alderman Cummings, that staff in conjunction with officials of the Business and Industrial Growth ASency, work with Brights in an effort to resolve the complaints. Carried Unanimously. - 3 - It was moved by Alderman Chessman, seconded by Alderman Merrett, that the meeting adjourn. Carried Unanimously- READ AND ADOPTED, MAYOR WAYNE THOMSON SIXTEENTH MEETING Committee Room April 6, 1981 COMMITTEE OF THE WHOLE Council met on Monday, April 6, 1981 in Committee of the Whole at 7:15 P.M. All members of Council were present with the exception of His Worship, Mayor Thomson and Alderman Kerrio. Alderman Somerville presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. . ~a~a · READ AND ADOPTED, Council Chambers April 6, 1981 Council met on Monday, April 6, 1981 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of His Worship, Mayor Thomson and Alderman Kerrio. Acting Mayor Charles Cheesman presided as Chairman. Alderman Somerville offered~ the Opening Prayer. ADOPTION OF MINUTES Aldermen Janvary and Orr asked that they be shown as voting contrary to Report No. 228 on Page 6 of the minutes of the Council meeting held on March 23, 1981. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the minutes, as amended, be adopted. Carried Unanimously. / DEPUTATION POSSIBLE SALE OF JOHN ALLAN PARK - MR. B. HUNTER Mr. B. Hunter was granted permission to address City Council on the motion of Alderman Cummings, seconded by Alderman Orr. Mr. Hunter indicated that his purpose in addressing Council was to protectsthe sale of John Allan Park or any further discussions by the Council leading to the sale of the Park. Mr. Hunter stated that the park was donated to the people of the City and should remain a park for the enjoyment of the public. During his comments to the Council, Mr. Hunter questioned the Council's authority to sell park lands, as well as the information supplied by the Recreation Commission concerning use of the park by the public. Both Acting Mayor Chessman and Alderman Fera pointed out to Mr. Hunter that no decision had been made by the Council to sell the park lands, and that the matter would be considered in public and all interested persons would be givsn an opportunity to express their views prior to a decision being made. Acting Mayor Chessman also stated that Council had discussed the matter in Committee of the Whole as a result of a request made by the solicitor for Marineland, and this same consideration would be granted to any.individual wishing to address the Council on a property matter. Following further comment, it was moved by Alderman Merrett, seconded by Aldermen Fern, that the petition submitted by Mr. Hunter be referred to any further discussions to be held on the sale of John Allan Park. Carried Unanimously. UNFINISHED BUSINESS KER PARK CONCESSION Report No. 257 - City Manager - The report recommends that Mrs. Betty Culp be retained for 1981 as operator of the concession at Ker Park under a one -2- year's notice and that the concession is to be awarded to the Ladies Auxiliary of the Minor Boys' Softball Association commencing in 1982. Alderman Cun~nings indicated that he was opposed to the recommendation because it was contrary to the policy of the Recreation Commission to award these concessions to minor sports organizations to reduce the amount of City grants paid to such organizations. The Alderman pointed out that in this particular case, the organization wanted to use the revenue to improve the facilities at a City owned park. The Ladies Auxiliary had been in contact with the Commission and had proceeded on the assumption it would be operating the concession in 1981. AIderman Puttick felt it was unfair of the City to take the concession away from Mrs. Culp in the future, when she had operated successfully for some time with no complaints. The Alderman felt that Mrs. Culp should be allowed to run the concession until she no longer wishes to do so, or until there are complaints that would cause the City to act. Alderman Puttick also indicated that he did agree with the policy of the Commission, but not to the extent that Mrs. Culp would be put out of her job. Mr. B. Weaver of the Association advised that the Executive committee had wanted to develop the park, and it was never their intent to go looking to the City for a hand-out. Mr. Weaver stated that the Association had proceeded along the proper channels, had followed City policy, and when the offer was made by the City to provide $2,000 in its budget to develop the additional ball diamond at Ker Park~ the offer was tempting but the Association had to refuse. In response to a question raised by Alderman Merrett, the Director of Recreation advised that the possibility of finding another location for Mrs. Culp had been investigated with the Building Department, which is now responsible for the City's pools. The only other concessions in the City are presently operated by other groupss and these could not be changed. The possibility of summer employment was also investigated, however due to the City's present call-back system, this could not be worked Alderman Orr also indicated that she agreed with the policy of the Commission, but since Mrs. Culp was led to believe she would be operating the concession in 1981, she felt Council had no alternative but to allow her to operate the concessiofi in 1981, and permit the Ladies Auxiliary to operate the concession in 1982. Aiderman Fera felt that taking any action other than to permit Mrs. Culp to continue operating the concession in the future, would be doing a great injustice to Mrs. Culp. Alderman Baker 'stated that he had to support the recommendation contained in the report, because when it came down to a choice between a woman's source of income versus a grant for boys to play baseball, he had to support the obvious choice. Mrs.-Culp pointed out that if the Director of Recreation had been unable to find employment for her, and she would not likely have anymore luck in trying to find employment for herself. Mrs. Culp again stated that other than a pension, the concession was her only source of income. Alderman Janvary stated that regardless of what decision Council reached, one side would be unhappy. The Alderman indicated that she wanted groups such as the Minor Boys' Softball Association to become self-supportings and at the same time hoped that Mrs. Culp could find other employment. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Fera, that Mrs. Culp be awarded the concession at Ker Par~ for 1981 and the years thereafter. This motion was Defeated with the following vote: AYE: Aldermen Fern and Puttick. ' NAYE: Aldermen Cmmmings, Diltss Bakers Janvary, M~rrett, Orr, Schisler and Semervllle. It was then moved by Alderman C~nmings, seconded by Alderman Schisler, that the Ladies Auxiliary of the Minor Boys, Softball Association have the concession for 1981 and the years thereafter. This motion was Defeated with the following vote: AYE: Aldermen Cummings, Janvary, Merrett and Schisler. NAYE: Aldermen Dilte, Fern, Baker, Orr, Puttick and Somerville. It was then moved by Alderman Dilts, seconded by Alderman Orr, that -3 - Mrs. Culp be retained for 1981 as operator of the concession under a one year's notice, that the concession be awarded to the Ladies Auxiliary of the Minor Boys' Softball Association in 1982, and that staff work with Mrs. Culp to find another location. This motion was Defeated with the following vote: AYE: Aldermen Dilts, Baker, Orr and Somerville. NAYE: Aldermen Cummings, Fera, Janvary, Merrett, Puttick and Schisler. It was then moved by Alderman Fera, seconded by Alderman Puttick, that Mrs. Culp be awarded the concession until such time as suitable employment has been found for her. This motion was Defeated with the following vote: AYE: Aldermen Baker, Fera, Dilts, Puttick and Somerville. NAVE: Aldermen Cummings, Janvary, Merrett, Orr, Schisler and Cheesman. It was then moved by Alderman Cummings, seconded by Alderman Merrett, that the Ladies Auxiliary of the Minor Boys' Softball Association be awarded the concession and further that staff make attempts to find alternative employment for Mrs. Culp this year. This motion was Defeated with the following vote: AYE: Aldermen Cummings, Janvary and Merrett. NAYE: Aldermen Dilts, Fera, Baker, Orr, Puttick, Schisler and Somerville. It was then moved by Alderman Schisler, seconded by Alderman Dilts, that Mrs. Culp be permitted to continue to operate the concession at Ker Park in 1981 and that the Ladies' Auxiliary of the Minor Boys' Softball Association commence the operation of the concession in 1982, and further that staff continue their investigation of other options that might be available to Mrs. Culp to operate concessions at other City facilities in 1982. This motion Carried with the following vote: AYE: Aldermen Dilts, Baker, Orr, Puttick, Schisler and Somerville. NAYE: Aldermen Cummings, Fern, Janvary and Merrett. Alderman Cummings requested that the Minor Boys' Softball Assqctation be permitted to re-submit their grant request if the loss of the concession revenue in 1981 will affect their budget. INTERSECTION OF RIVER ROAD AND BRIDGE STREET Report No. 258 - City Manager - The report advises of action to be taken with ~espect to traffic congestion at the intersection of River Road and Bridge Street and recommends that a copy be forwarded to the businesses petitionlug more parking in the area. ORDERED on the motion of Alderman Fern, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. AREA RECREATION BOARDS Report No. 259 - Recreation Commission - The report advises that the Recreation · Commission does not consider it necessary t~have a Council member appointed to each of the area recreation boards. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fer~ that the report be received and adopted. Carried Unanimously. l COMMUNICATIONS No. 104 - Niagara Transit - Re: Bus Service - Garner Road. The communicatiom. advises that any decision on a special route to service Lundy's Lane as far west as Garner Road should be delayed until the Lanmer - Fenco study is completed and dealt with by Council. ORDERED on the motion of Alderman Fern, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 105 - Regional Municipality of Niagara - Re: Request for Re!ocation of Stop Sign, Lyons Creek Read/Main Street at Sodom Read. The communication advises that revision of the stop controls at the subject intersection is not appropriate at this times and further that the Region will undertake a further study at this locdtion during summer traffic conditions. ORDERED on the motion of Alderman Fera~ seconded by Alderman Somerville, that the communication be received and filed. Carried Unanimously. No. 106 = Parliamentary Secretary to the Minister of I~ansport Canada - Re: CN 'Express. The communication provides information on the decision of Canadian National to terminate the CN Express service in Niagara Falls. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the communication be received and filed. Carried Unanimously. -4- No. 107 - Association of Municipalities of Ontario - Re: Application of Ball Canada for Increase in Rates. The communication advises that the A.M.O. will not directly participate as an intervenor in the CRTC hearings on the Ball Canada application, but rather encourage its members to support the Consumers' Association of Canada in its planned intervention. AND No. 108 - Regional Municipality of Niagara - Re: Bell Canada Proposed Rate Increase. The communication requests endorsation of a resolution opposing the proposed teleopone rate increase by Ball Canada. Alderman Merrett felt that the City should not expend tax dollars to fight the rate increase, and suggested that the Citygs involvement should be limited to vocal opposition of the increases. Alderman Baker suggested that the matter should be referred to the Finance Committee to consider the costs involved in supporting the Consumers' Association of Canada. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Orr, that the communications be received and filed. The motion Carried with Alderman Schisler voting contrary, and all others voting in fayour. No. 109 - Canadian Mental Health Association - Re: Council Appointment. The communication requests the appointment of a member of Council to attend the twice monthly meetings of the Baard of Directors of the Mental Health/Niagara Falls. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the Council accept the appointment on a rotating basis. Carried Unanimously. No. 110 - Kiwanis Club of Stamford Inc. - Re: Repatrtation of the Canadian Constitution. The communication extends an invitation to attend the April 27th meeting of the Kiwanis Club at which the address will concern the Repatriation of the Canadian Constitution. ORDERED on the motion of Alderman Merrett, seconded by Alderman Somerville, that the communication be received and filed, and further that an explanation be sent to the Kiwanis Club advising that the special meeting on the Portage Road Bridge over the HEPC Canal is scheduled for the same evening. The motion ~arried with Alderman Baker voting contrary, and all others voting iu fayour. No. 111 - Regional Municipality of Niagara - Re: Regional Niagara Water and Sewer Servicing Review - Water Supply System. The report provides information on the review taken to analyze the existing regional supply ,system servicing the City under existing 20 yr. and saturation development conditions utilizing population proJectionn as supplied by the Regional Planning & Development Dept. AND No. 112 - Regional Municipality of Niagara - Ba: Regional Niagara Water and Sewer Servicing Review - Sanitary Sewer System. The communication provides information on the review undertaken to identify and develop a program to remedy existing deficiencies; recommend works which should be included in future capital budgets to allow for growth to 1996; and to develop a strategy for the provision of regional sewerage services to accommodate saturation development within the urban area boundaries (past 2000). ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the communications be received and filed. Carried Unanimously. ' No. 113 - Residents of Crowland Township . Re: Toll Free Calling in Niagara Falls. The communication requests the Oity's aid in obtaining toll free calling within the City limits. The City Clerk provided additional information on the matter in response to a question raised by Alderman Schisler, and suggested that the matter be referred to staff in order that Bell officials can be contacted for an update on the City~s previous discussions and a resolution of the problem. ORDERED on the motion of Alderman Cummings, seconded by Alderman OrrI that the matter be referred to staff for a report, Cnrried Unanimously. BEPORTS No, 260 - Recreation C~ission . Re: Indian Defence League of ~erica Parade. ~he report recommends that the Indian Defence League of ~erica be required to follow the City's policy "Carnivals, Exhibitions and Tournaments on City Owned Parkse when conducting their biennial parade in Niagara Falls. -5- The Director of Recreation provided additional information regarding the history of this matter, and why it was found necessary to charge the group for any clean-up costs involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 261 - Planning Director - Re: Planning Department Annual Report for 1980. The report provides information on the activities of the Planning & Development Committee and Department for the year 1980. The Planning Director commented on the decline in births and population in the City as opposed to the increase in housing. Alderman Puttick was of the opinion that Niagara Falls was becoming a "bedroom community" and the City was responsible to providing services to these residents who were not always contributing to Niagara Falls due to their out-of-town employment. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and filed, and the Planning Department commended for its efforts. Carried Unanimously. No. 262 - Planning Director - Re: Official Plan ~mendment No. 108, Zoning Amendment AM-8/80, Draft Plan Application 2 6T-80003, "Drummond Park Village". The report recommends that Council consider the matter of the amending Restrictive Area By-law respecting the Draft Plan of Subdivision. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-laws 81-74 and' 81-75 No. 263 - Planning Director - Re: Zoning Amendment Application AM-16/80 Sunoco Inc., Northeast Corner of McLeod and Dorchester Road. The report recommends that the application be approved subject to site plan control. ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See Byelaw No. 81-71 No. 264 - Planning & Development Committee - Re: Proposed Official Plan Amendment No. 122, Zoning Amendment Application AM-19/80, R. Distefano, Southwest Corner of Lundy's Lane and Garner Road. The report recommends Council approval of proposed Official Plan Amendment No. 122 and corresponding Zoning By-law amendment to change the present designation and zoning on lands located on the southwest corner of Lundy~s Lane and Garner Road. Mr. J. Joie, the adjacent property owner, was granted permission to address Council on the motion of Alderman Cummings, seconded by Aldreman Fern. Mr. Jole questioned how close the applicant intended to build to his home, and also approximately when the applicant would be removing certain trees on the property. The trees apparently are immediately adjacent to the motel accommodation owned by Mr. Joie, and he was concerned that the noise involved in their removal would be a disturbance to his guests. The Planning Director suggested that the application be tabled, 'since Mr. Distefano the applicant was not in attendance at the meeting. This would also allow staff to check the plans and try to answer Mr. Joists questions. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Schisler, that the report be tabled for further information. Carried Unanimously. No. 265 - City Manager - Re: Regional Municipality of Niagara Surplus Property - Former Drummond Road Rooster Pumping Station. The report recommends that the Regional Municipality of Niagara be notified that the City of Niagara Falls is not interested in purchasing surplus property owned by the Region at the site of the former Drummond Road booster pumping station. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings~ that the report be received and adopted. Carried Unanimously. No. 266 - City Manager - Re: Tenders for the Supply of Seed and Sod, Hydraulic Sewer Cleaning, T.V. Inspection - 1981. The report recommends that the following tenders be accepted: Sod - Robert Young Sod Farms Limited; Grass Seed - F.R. Smith Seeds Limited; Hydraulic Cleaning of Sewers & Culverts - Thuro Sewer Services (Niagara) Limited; and TV Inspection of Sewers - Superior Sewer Service Limited, ORDERED on the motion of Alderman Dilts, seconded by Alderman Somerville, that the report be received and adopted, Carried Unanimously, See Resolution No. 30 -6- No. 267 - City Manager - Re: Contract S.S. 3-81, Storm Sewer Construction on Brooks Street from Sinnicks Avenue to St. Paul Avenue. The report recommends that the unit prices submitted by Provincial Construction Limited be accepted for the above referenced contract. ORDERED on the motion of Alderman Fern, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution N0,~ See By-law No. 81~'~ No. 268 - Finance Committee - Re: Request for City Consent to Sale of Lot 33 Fails Industrial Park from Jenkinson & Pepin to Coldera Green Holdings Ltd. The report recommends that Council agree to consent to the sale of Lot 33, Falls Industrial Park from Jenkins & Pepin to Goldera Green Holdings Limited. Alderman Merrett indicated that while Council did not want to write off $18,000 in outstanding business tax, there was no other alternative since the business tax is considered a personal debt and cannot he attached to the proper~ The Alderman pointed out that the new purchaser was paying $20,000 in outstandk property taxes owing on the lands, and the City~s only hope to recover the business tax was to try and secure some of the funds from the previous owner. Alderman Merrett also pointed out that the City would be gaining an industry where people would be employed, also generating additional tax revenue. ~ In response to a question raised by Alderman Cummings, the City Treasurer advised that if the City were to register the property, it is possible although very unlikely that the City would recover the outstanding business tax. Any other person on title would have the right to a conveyance of the property by paying the property taxes. There are other creditors on title who could come in to protect themselves, and the City would have to withdraw. }dr. D. Burns, solicitor for Goldera Green Holdings, indicated that there is a first and second mortgage as well as other executive creditors all of whom could redeem the property through payment of the property taxes, however they would not pay the business tax which is a personal debt of the present owner. Mr. Burns indicated that the Federal Business Development Bank, which holds a mortgage on the property, would not possibly allow the property to be conveyed to another party for $21,000. Alderman Schisler felt that the Clty should delay the sale of the property until the bankruptcy proceedlhgs against the current owner are settled. The Alderman felt that when all other creditors are satisfied, the City should be one of them. Alderman Schisler did indlcate that he did not feel the prospective purchaser should be responsible for payment of the buslness tax. Alderman Puttick felt it would be dangerous for Council to write off the $18,000 in business tax in the event there were other businesses in elmilar positions. The Alderman indicated that he could only vote in fayour of the recommendation if he could be assured similar situations would not happen in the future. The City Treasurer stated that according to Provincial statutes, the City cannot attach the business taxes to the property and the City therefore does not have the same kind of leverage over business tax as it does over property tax. The City Treasurer further stated that he could not assure Council that this same situation would not reoccur in the future. In response to a further question ralsed by Alderman Puttlck, the City Treasurer explained that over two years earlier he had attempted to work out a payment schedule for the current owner. After another year, the account was turned over to the baillff to seize whatever he could to realize something out of the taxes. The account is stlll In the balliff's hands. The entlre amount will not be written off and the Ctty~s endeavoure to collect the bualneas tax will continue. Alderman Herrerr pointed out that the current owner had appeared before the Finance Cc~mittee regarding the outstanding business tax, and a real effort had been made to collect the monies owing. The Alderman pointed out that the City can still go after whatever monies may be left, even if it only amounted to 20¢ on the dollar. ~ Following further discussion, it was moved by Alderman Nerrett, seconded by Alderman Dilts, that the City consent to the sale of Lot 33 Falls Industrial Park from Jenkins & Pepin to Coldere Green Holdings Limited, subject to the purchaser entering into an agreament with the City whereby he will agree to meet other outstanding covenants contained in the original deed. The motion ~rried with the following vote: AYE: Aldermen Dilts, Fern, Baker, Janvary, Herrerr, 0rr and Somerville. NAYE: Aldermen Cummings, Puttick and Schisler. - 7 - No. 269 - Finance Committee - Re: Welland Rose Festival Special Edition - Welland Evening Tribune. The report recommends that the invitation to participate in the 20th Anniversary special edition of the Welland Tribune be declined. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 270 - Finance Committee - Re: Increasing Reimbursement of Citizen Members of the Planning & Development Committee. The report reconunends that the reimbursement of citizen members of the Planning & Development Committee remain at the present level of $20 per meeting with the suggestion that the Planning Director bring the matter to the Finance Committee"s attention in one year's time for further discussion. Alderman Fera indicated that he was opposed to the recommendation because other committees have had an increase in the last several years. The Alderman pointed out that the citizen members of the Committee are not there because of the money, and the increase should be granted as a sign of appreciation for their contribution to the City. Alderman Janvary stated that she felt persons offering to serve on the Planning & Development Committee had done so on the understanding the payment was $20 per meeting. Alderman Orr also stated that the City showed its appreciation to the citizen members by appointing to a committee which many people requested to serve on. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Fera and Somerville voting contrary, and all others voting in fayour. No. 271 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer and City Manager provided additional information on Cheques #1381, #1382 and #1452 in response to questions raised by Aldermen Cummings and Puttick. With respect to Cheque #1452, Alderman Cummings requested that in future the explanation indicate that the cheque is in payment of the commissionaires services and not simply "parking meters" as shown in the by-law. In response to a question raised by Alderman Puttick on Cheque #1300, the City Treasurer advised that the amount of $952.25 was payment for professional appraisal services required in connection with improvements at the Stanley Avenue/Valley Way intersection. In response to a further question by Alderman Puttick, the City Treasurer explained that Cheque #1330 in the amount of~$1939.78 was in payment for repairs made to the Zambony at the Stamford Memorial Arena. The repairs, which were detailed by the City Treasurer, had been carried out in one day. Following further connnent, it was moved by Alderman Puttick, seconded by Alderman Cummings, that Cheques #1300 and #1330 be tabled for further information. Carried Unanimously. It was then moved by Alderman Schisler, seconded by Alderman Dilts, that the report, as amended, be received and adopted. The motion Carried with Alderman Merrett abstaining on Cheque ~1380 on a conflict of interest, and all others voting in fayour. No. 272 - City Manager - Re: Ontario Association of Fire Chiefs. The report recommends that the Fire Chief 'and the three Area Chiefs be authorized to attend the annual conference of the Ontario ASsociation of Fire Chiefs to be held in Peterborough from May 3 - 7, 1981. The Fire Chief provided .additional information on the need for four persons to attend in response to a question raised by Alderman 0rr. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimous_l[. No. 273 - City Manager - Re| Repairs to Fire Pumper g~. The report recommends that Council authorize repairs to Fire Pumper #4 to be carried out by York -8- Auto & Truck Colllsslon Ltd. as outlined in their estimated dated February 4, 1981 at a cost of $5,503.50 including Provincial Sales Tax. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 274 - City Manager - Re: Bus Shelters. The report recommends passage of a by-law to authorize an agreement between the City, the Region, the Transit Commission and Could Outdoor (Posters) Limited respecting the erection and maintenance of sixteen bus shelters. Additional information was provided by the Director of Municipal Works, the City Manager and the Deputy Solicitor in response to a number of questions raised. ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 81-7~ No. 275 - Alderman Dilts - Re: Employee Suggestion Plan. The report recommends that Council award a $25.00 prize to Miss Mary Adams of the City Manager's Department for her suggestion of a poster to commemorate the retirement of employees. ORDERED on the motion of Alderman Dilts, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. No. 276 - City Manager - Re: Ontario Arena Association Inc. 1981 Conference. The report recommends that one member of staff and one Alderman be permitted to attend the subject conference to be held in Bracebridge, Ontario from June 19 - 21, 1981. In response to a question raised by Alderman Cummings, Alderman Puttick indicated that he felt it was an advantage for members of Council to attend certain conferences to learn such things as other municipalities' methods and programs, and occasionally find ways to save money in certain operations. Alderman Cunmings felt it might be preferable to have a member of the Arena Renovations Steering Committee attend the conference. ~ Following further comment, it was moved by Alderman Schisler, seconded by Alderman Dilts, that the report be received and adopted, and that Alderman Puttick be authorized to attend. The motion Carried with the following vote: AYE: Aldermen Dilts, Fern, Janvary, Marterr, Puttick, Schlsler and S~merville. NAYE: Aldermen Cummings, Baker and err. No. 277 - City Manager - Re: Ontario Neighbourhood Improvement Program. The report recommends that the City advise the Province it is seriously interested in entering the ONIP program in 1981 and that a copy of the guidelines and application be provided when finalized by the Province. ORDERED on the motion of Alderman Cun~nings, seconded by Alderman Dtlts, that the report be received and adopted. Carried Unanimously. No. 278 - Loan Review C~mmittee - Re: Applications for Assistance. The report recommends that five applications for assistance received under the Ontario Home Renewal Program be approved. ORDERED on the motion of Alderman Cununings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 279 - City Clerk - Re: Consent Items. 1) Nr. W. Burke - Re: Special Occasion Permit. Recommendation . That the request be approved subject to established policy. 2) Niagara Falls Cataracts Oldtimers Hockey Club - Re: Special Occasion permit. Recommendation . That the request be approved subject to established policy. 3) Niagara Falls Big Sister Association - Re: Big Sister Week, May 2 - 9, 1981. Recommendation . That the request be approved subject to established policy. 4) Optimist Club - Re: Respect for Law Week, May 3 - 9, 1981. Recommendation . That the request be approved subject to established policy. 5) Regional Manicipality of Niagara - Re: Dedication of Right-of-Way, Realignment of McLeod Road. Recommendation - For the information of Council. ~) Italian Earthquake Relief Fund of the Niagara Region - Re: Massage of Thanks. Recommendation - For the information of Council, 7) Niagara Women in Crisis - Re~ Grant Request. Recommendation - That the request be referred to budget discussions. 8) Volunteer Bureau - Rez Coemluntty Awareness Month. Recoenendation - That Council support the concept of Community Awareness Month and offer its support to the Volunteer Bureau. 1_.. -9- Alderman Curinnings felt that the request from the Niagara Women in Crisis should be referred to the Finance Committee for consideration. In response to a question raised by Alderman Janvary, the City Clerk explained that occasionally two groups will request a proclamation for the same period of time. When the intent of the proclamations does not conflict, the City will approve the proclamations. It was also advised that in some cases, the local proclamation coincides with a national proclamation and the dates cannot be changed. With respect to the requests for special occasion permits, the City Clerk advised that one of the conditions of approval is that the requesting organization also seek permission from the Regional Police. In this way, any complaints or problems the Police are aware of can be handled accordingly. Alderman Janvary requested that the communciation from the Volunteer Bureau respecting Community Awareness Month be referred to the Civic Month Committee. Following further con~nent, it was moved by Alderman Cummings, seconded by Alderman Baker, that item #7 be referred to the Finance Committee, that item #8 be referred to the Civic Month Committee, and that the report as amended be received and adopted. Carried Unanimously. RESOLUTIONS No. 30 - DILTS - SOMERVILLE - RESOLVED that the following tenders be accepted as submitted: 1) Grass Seed - F.R. Smith Seeds - $2,616.00 2) Sod - Robert Young Sod Farm Ltd. - $0.62 per roll 3) Hydraulic Cleaning of Sewers & Culverts - $10,279.50 for high pressure hydraulic cleaning including removal and disposal of sludge. AND $1,200 for high pressure cleaning of culverts. 4) Television Inspection of Sewers - $4,673 for T.V. Inspection and cleaning of sanitary sewers (including coloured photographs) AND $249.50 for lost time for the T.V. Truck and Crew ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 31 - FERA - CUbfilINGS - RESOLVED that the unit prices submitted by Provincial Construction Ltd. for the construction of a storm sewer on Brooks Street from Sinnicks Avenue to St. Paul Avenue, be accepted at the tendered price of $187,515.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that .leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-71 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls and By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-16/80, SunGco) No. 81-72 - TABLED No. 81-73 - TABLED No. 81-74 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls and By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-8/80, Ten Partners) No. 81-75 - A By-law to designate certain areas in the City of Niagara Falls as site plan control areas. (As amended by the deletion of references to the Dlstefano-Property on Lundy's Lane) No. 81-76 - A By-law to authorize the execution of an. agreement with Provincial Construction (Niagara Falls) Limited for the construction of a ..... l0 - 10 - storm sewer on Brooks Street from Sinnicks Avenue to St. Paul Avenue. No. 81-77 - A By-law to authorize an egreement with the Regional Municipality of Niagara, the Greater Nlagera Translt Commission and Gould Outd00I (Posters) Limited respecting the installation of transit shelters on certain streets in the City of Niagara Falls. No. 81-78 - A By-law to designate the Khan Residence at 4325 Bampfield Street architectural value and of historical interest. No. 81-79 - A By-law to designate the Robinson Residence at 3289 St. Paul Street of architectural value and of historical interest. No. 81-80 - A By-law to amend By-law No. 3790 being a by-law for the regulation of traffic. (Crysler Avenue) No. 81-81 - A By-law to amend By-law No. 73-132 being a by-law for the use of parking meters on streets. (Crysler Avenue) No. 81-82 - A By-law to provide monies for general purposes. (As amended by the deletion of Cheques ~1300 and #1330) Carried Unanimously ORDERED on the motion of Aldermen Cummings, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 81-71 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls and By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-16/80, Sunsco) No. 81-72 - TABLED No. 81-73 - TABLED No. 81-74 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls and By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-8/80, Ten Partners) No. 81-75 - A By-law to desigfiate certain areas in the City of Niagara Falls as site plan control areas. (As amended by the deletion of references to the Distefano Property on Lundy's Lane) No. 81-76 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of a st0m sewer on Brooks Street from Sinnicks Avenue to St. Paul Avenue. No. 81-77 - A By-law to authorize an agreement with the Regional Municipality 0f Niagara, the Greater Niagara Transit Commission and Gould Outdoor - (Posters) Limited respecting the installation of transit shelters on certain streets in the City of Niagara Fall8. No. 81-78 - A By-law to designate the Khan Residence at 4325 Bampfield Street of architectural value and of historical interest. No. 81-79 - A By-law to designate the Roblnson Residence at 3289 St. Paul Street of architectural value and of historical interest. No. 81-80 - A By-law to amend By-law No. 3790 bein8 a by-law for the ~egulati0n of traffic.'(Cryeler Avenue) · No. 81-81 - A By-law to amend By-law No. 73-132 being a by-law for the use of parking meters on streets. (Grysler Avenue) No. 81-82 - A By-law to provide monies for general purposes. (As amended by the deletion of Chequee ~1300 and #1330) Carried Unanimousl~ N~W BUSINESS NIAGARA FALLS FLYERS ilOCKEy TEAM It was moved by Alderman Cummings, seconded by Alderman Baker, that a letter of appreciation be sent to the Niagara Falls Flyere Hockey Team for 1 ~' · .... 11 - 11 - the enjoyment given to the citizens of Niagara Falls during the year and congratulations on a fairly successful season. Carried Unanimously. The City Manager advised that arrangements are now being made with respect to the next season of hockey in the City, and at this time, it is anticipated that the Niagara Falls Flyers will be remaining in the City. POSSIBLE SALE OF JOHN N. ALLAN PARK Alderman Baker presented a letter he had received from Mrs. D. Weaver commenting on the possible sale of John N. Allan Park, and requested that it be included with other material being accumulated on this matter. ANNUAL BOYS & GIRLS CLUB SWIM-A-THON Alderman Merrett advised that the annual Boys & Girls Club Swim-a-Thon will be held on April 10th, and requested volunteers from the Council to form a Council team. Aldermen 3artvary and Baker offered to serve on the Council swim team. B.I.L.D. PROGRAM It was moved by Alderman Puttick, seconded by Alderman Merrett, that the City Manager prepare a report on any projects promised for the Niagara Falls area under the Province's B.I.L.D. Program, and the status of these projects. Carried Unanimously. OPENING OF NEW FORD DEALERSHIP Alderman Cheesman advised that the Ford Motor Company will officially open its new dealership at 4500 Drummond Read on April 9th at 10:00 a.m., to be known as Brock Ford. NIAGARA FALLS MINGLE'S TRIPLE "A" MINOR BANTAM HOCKEY TEAM Alderman Cheesman advised that the Niagara Falls Mtngle's Triple "A" Minor Bantam Hockey Team had recently won an all Ontario championship, being the first Triple "A" team in the City to win such a trophy. The Alderman suggested that a letter of commendation be sent to the team. It was moved by Alderman Fete, seconded by Alderman Cummings, that a letter of commendation be sent to the Mingle's Triple "A" Minor Bantam Hockey Team in recognition of this achievement. Carried Unanimously. It was moved by Alderman Merrett, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, COLLI~S6N' 6I~Y'C~E:~ "RLES CHEESMAN, ACTING / SEVENTEENTH MEETING Council Chambers April 13, 1981 SPECIAL MEETING Council met on Monday, April 13, 1981 following a General Committee session. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. REPORTS No. 280 - City Manager - Re: Proposed River Road Study Terms of Reference. The report recommends acceptance of the Terms of Reference jointly prepared by City and Niagara Parks Commission staff, and that a number of consultants be invited to make proposals with regard to carrying out the study. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dills, that the report be received and adopted. The motion Carried with Alderman Orr voting contrary, and all others voting in favour. No. 281 - City Manager - Re: Ontario Rental Construction Program. The report recommends that staff be authorized to ask for expressions of interest from developers who might be interested in incorporating the City's land in an application under the Ontario Rental Loan Construction Program; and that staff report back to Council at a later date summarizing the interest shown and recommending to Council further steps which then need to be taken. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 282 - Municipal Works Committee - Re: 1981 Sidewalk Repair Program. The report recommends that staff be authorized to call tenders for a contract for the 1981 sidewalk repair program, and that the contract for this work be awarded prior to Council's approval of the 1981 Operating Budget. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the.report be received and adopted. Carried Unanimously. No. 283 - City Manager - Re: 1981 Hot Mix Asphalt Overlays - Contract A.C. 6-81. The report recommends acceptance of the unit prices submitted by Northland Bitulithic Ltd. for the subject contract. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dills, that the report be received and adopted. Carried Unanimously. See Resolution No. 32 See By-law No. 81-83 No. 284 - City Manager - Re: Quotations for Rental of General Purpose Equipment. The report recommends approval of the schedule of rental rates for general purpose equipment starting with the lowest rental rate for equipment available and suitable when required for City operations. ~ ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Dills, that the report be received and adopted. Carried Unanimously. No. 285 - City Manager - Re: Supply & Application of Traffic Marking Paint 1981. The report recommends acceptance of the tender submitted by Modern White Lines Ltd. for supply and application of traffic marking paint. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts~ that the report be received and adopted. Carried Unanimously. See Resolution No. 33 No. 286 - City Manager - Re: Niagara Falls Arena Renovations Tender. The report recomends that the City engage John Tries Construction to carry out the addition and alterations to the Niagara Falls Arena at a contract price of $931,752.00. ORDERED on the motion of Alderman Chessman, seconded by Alderman Diltes that the report be received and adopted. Carried Unanimously. See Resolution No. 34 No. 287 - Finance Committee - Re: 1981 Debenture Issue. The report recommends passage of a resolution requesting the Regional Municipality of Niagara to issue- debentures in accordance with the terms and the amounts set out. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilte, that the report be received and adopted. Carried Unanimously. See Resolution No. 35 No. 288 - Finance Committee - Re: 1981 Water Supply System Budget and Water -2- Rates. The report recommends that Council approve the Water Supply System 1981 budget as set out in section 30 of the budget book, and passage of a by-law increasing the water rates by 17% and certain service charges (i.e. installation of water service, shut off/turn on water service, installation and removal of meters). ORDERED on the motion of AIderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-law No. 81-84 No. 289 - City Manager - Re: Application to Operate Billlard Tables, 5900 Main Street. The report recommends that Council hear all persons wishing to speak in support of or opposition to the granting of a billiard licence to Mr. J. DeGlorgto and then direct staff as to whether the licence should be granted. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be tabled pending further information to be submitted by the City Solicitor. Carried Unanimously. No. 290 - City Manager - Re: Site Plan Approval, Proposed Commercial Parking Lot (Flying Saucer Drive-In Restaurant), 6768 Lundy's Lane. The report recommends approval of the subject site plan, with the approval being subject to certain conditions. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. CO~FF~UNICATION No. 114 - Niagara Falls Jaycees - Re: Monte Carlo Event. The communication requests Council approval to obtain a special occasion permit in conjunction with a Monte Carlo Event to be held on April 24, 1981 at the Niagara Falls Union Centre. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the request be approved subject to the established policy. Carried Unanimously. RESOLUTIONS No. 32 - CHEESMAN - DILTS - RESOLVED that the unit prices submitted by Northland Bitultthic Ltd. for the 1981 hot mix asphalt overlay be accepted, at the tendered price of $138,724.95; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 33 - CHEESMAN - DILTS - RESOLVED that the tender submitted by Modern White Lines Ltd. for the supply and application of traffic marking paint, be accepted at the tendered price of $14,304.75; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 34 - CHEESMAN - DILTS - RESOLVED that the tender submitted by John Tries Construction Ltd. for the construction of an addition and alterations to the Niagara Falls Arena, be accepted at the contract price of $931,752.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 35 - FERA . DILTS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: Construction O.M.B. Financing Retirement By-law No. No._~___ ~ Term 78-212 E781667 165,000 10 77-243 E771918 160,000 10 79-213 E791681 200,000 10 75-196 as amended by 78-194 E752512 300,000 10 76-259 E762073 100,000 10 78-209 E781664 50,000 10 78-210 E781665 130,000 10 80-190 E801536 100,000 10 79-216 E791729 45,000 10 $1,250,000 AND the Seal of the Corporation be So affi Carried -3- No. 36 - FERA - DILTS - RESOLVED that the Program of Proposed Expenditures for Highway Improvements for the year 1981 dated March 23rd, 1981, be adopted as presented in the total estimated amount of $5,151,600 with an estimated subsidy of $2,083,000; AND BE IT FURTHER RESOLVED that Resolution No. 27 dated March 23rd, 1981, be repealed; AND the Seal of the Corporation be hereto affixed. Carried Unan~ BY-LAWS ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that leave be granted to introduce the following by-laws, and the by-laws be read a first tIme: No. 81-83 - 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. 81-84 - 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. 81-85 - A By-law to authorize an agreement with Colder's Green Holdings Limited respecting Lot No. 33 in the Falls Industrial Park. No. 81-86 - A By-law to authorize the execution of an agreement with Thuro Sewer Services (Niagara) Limited for the hydraulic cleaning of sewers and culverts. No. 81-87 - A By-law to authorize the execution of an agreement with Superior Sewer Services for the television inspection of sewers. No. 81-88 - A By-law to establish the Niagara Falls Memorial Arena and additions thereto as a community recreatio. n centre. Carried with Aldermen Cummings, Puttick and Schisler voting contrary on By-law 81-85, and all others votin~ 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. 81-83 - 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. 81-84 - 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. 81-85 - A By-law to authorize an agreement with Colder's Green Holdings Limited respecting Lot No. 33 in the Falls Industrial Park. No. 81-86 - A By-law to authorize the execution of an agreement with Thuro Sewer Services (Niagara) Limited for the hydraulic cleaning of sewers and culverts. No. 81-87 - A By-law to authorize the execution of an agreement with Superior Sewer Services for the television inspection of sewers. No. 81-88 - A By-law to establish the Niagara Falls Memorial Arena. and additions thereto as a community recreation centre. Carried with Aldermen Cummings, Puttick and Schieler voting contrary on By-law 81-85, and all ethers votin~ in favour. NEW BUSINESS ~ GROUP HOHES WORKSHOP Aldermen Orr referred to a recent workshop held regardin8 group homes, at which a member of the Regional Planner made a number of remarks about the -4- and its position on group homes. The Alderman asked the Planning Director to comment on these remarks. The Planning Director indicated that his impression of the remarks was that they were directed to more than just the City, and it was a guestion of interpretation. Following a brief discussion on the matter, it was moved by Alderman Cunmlings, seconded by Alderman Merrett, that the Planning Director be directed prepare a report outlining the comments made at the workshop. WATERMAIN ON CHIPPAWA PARKWAY Carried UnanimouslI It was moved by Alderman Dilts, seconded by Alderman Baker, that staff be directed to prepare a report regarding complaints on the quality of water from a watermain servicing homes on Chippaws Parkway. Carried Unanimously. PROPOSED TOURIST INFORMATION CENTRE Alderman Cummings referred to the new tourist information centre to be constructed at the corner of Stanley Avenue and Highway #420, and noted that the traffic was to exit from the centre onto Stanley Avenue. In view of the traffic congestion that exists in this area, Alderman Cummings felt the City shuld indicate to the Region and the Province that it is not in fayour of traffic exiting onto Stanley Avenue. Alderman Merrett stated that he understood the purpose of the exits onto Stanley Avenue was to route traffic back into the City instead of back onto the Q.E.W. and out of Niagara Falls. Mayor Thomson suggested that it would be of assistance to the Council to review the proposed traffic patterns that were considered during the planning stages of the tourist information centre. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Dilts, that the matter be referred to staff for the presentation of a report. The motion Carried with the following vote: AYE: Aldermen Chessman, Dilts, Janvary, Merrett~ 0rr, Puttick, Schisler, Kerri0 and Somerville. NAYE: Aldermen cummings, Fera and Baker. FINANCE COMMITTEE MEETING Alderman Chessman advised members of Council that there would be a meeting of the Finance Committee on April 15th, 1981. NIAGARA FALLS MEMORIAL ARENA RENOVATIONS Alderman Chessman advised that it would now be necessary for the City to complete its contract arrangements with the architect working on the Niagara Falls Memorial Arena renovations. Mayor Thomson provided additional information regarding parking at the Arena in response to a question raised by Alderman Schisler. It was moved by Alderman Chessman, seconded by Alderman Cunmmings~ that staff be instructed to prepare the necessary legal documents for Council's consideration. Carried Unanimously. LOCAL COUNCIL OF WOMEN Alderman Janvary indicated that she had received a letter from the Local Couucll of Women requesting that Council appoint a member to the organization and also payment of the annual membership fee. Alderman Cunm]ings felt the membership fee, regardless of the amount, should be referred to the Finance COmmittee for consideration. Following further comment, it was moved by Alderman 0rr, seconded by Alderman Cheesman~ that Alderman Janvary be appointed to the Local Council of Women, and further that the annual membership fee of $10.00 he paid. The motion Carried with Aldermen Cummings and Schisler voting contrary, and all others voting in fayour. It Was moved by Alder- ' ~ed by Alderman Merrett, that the meeting .adJourn, ~arrie~ ... ",-. ,.~"" ~. MAYOR WAYNE TMOMSON I EIGHTEENth{ MEETING COMMITTEE OF THE WHOLE Committee Room #1 April 21, 1981' Council met on Tuesday, April 21, 1981 in Committee of the Whole. All members of COuncil were present. Alderman Ctnnmings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, CITY CLERK MAYOR WAYNE THOMSON Council Chambers April 21, 1981 Council met on Tuesday, April 21, 1981 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 Clmmaings offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the minutes of the meetings held on March 30th and April 6th, 1981, be adopted as printed. Carried Unanimously. PRESENTATION His Worship, Mayor Thomson and Superintendent Moodie of the Niagara Regional Police presented a Royal Canadian Htnnane Association Award to M~r. Tony Ventura for his efforts in saving the lives of two children who nearly drowned in a local motel swimming pool. UNFINISHED BUSINESS EMPLOYEE BENEFITS Report No. 291 - Finance Committee - The report recommends that the Marketing 'Survey of Employee Benefits prepared by the City's Agent of Record, Young's ,Graves Life-and Employee Benefits Insurance Agency Inc. be approved and that Council concur with the recommendation contained therein that Confederation Life Insurance Company be appointed the Insurer for all Employee Benefits effective June 1, 1981. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummingsj that the report be received and adopted. The motion Carried with Alderman Janvary abstaining on a conflict of interest, and all others voting in fayour. PURCMASE OF PROPERTY AT 8740 WILLOUGHBY DRIVE (FORMER CHIPPAWA PUC BUILDING) Report No. 292 - Municipal Works Committee - The report recommends that Council approve the purchase of the former Chippaws PUC Building and yard at 8740 Willoughby Drive for the price of $48,000 and that funds for this expenditure be approved in the 1981 Operating Budget. Alderman Dilts indicated that he was opposed to the purchase of the property, since he felt it was uneconomical for the City to operate out of more than one service yard. Several members of Council pointed out the advantages of purchasing the property, to assist in sanding operations in the southern portions of the City during the winter months, and its value in th~future should the City determine that the property should be sold. °2- Following further comment, it was moved by Alderman Puttick, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Dills voting contrary, and all others voting in fayour. SPEED OF BOATS ON THE WELLAND RIVER Report No. 293 - Mayor Thomson - The report recommends that the required signs be erected as quickly as possible and suitable publicity given to the imposition of speed limits on the Welland River. The City Clerk advised that the speed limit imposed by the Federal Government was 13 KM per hour. Additional information was provided in response to a number of questions raised. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. GROUP HOMES WORKSHOP A transcript of the address given at the A.C.R.O. Workshop discussion on Group Homes was submitted. Mayor Thomson explained that there would be a further report submitted on the matter at a future meeting. Alderman Cummings pointed out that the Regional Planning representative appeared to be criticizing the City for questioning the idea of group homes, when the City had attempted to deal with the economic problems associated with group homes. Since the City would likely be the level of government to receive complaints about the operation of such establishments, the Alderman felt the City should have been commended for taking the time to review the matter in detail in order to determine the areas of concern before the legislation was enacted. The Alderman felt the Regional representative had overstepped his authority in the matter, and hoped that the report to be submitted in the future would provide further clarification. Alderman Dilts also indicated that he felt many of the questions regarding the operation of group homes and the financial implications should be answered. It was moved byAlderman Puttick, seconded by Alderman CurbninEs, that the information be received and filed and that a further report be submitted by the Planning Director on this matter. Carried Unanimously. C(R~tU~ICATIONS No. 115 - Oneida Canada Limited - Re: Possible Sale of John N. Allan Park. The communication expresses opposition to the possible sale of John N. Allan Park to Marineland and Game Farm. AND No. 116 - Mr. & Firs. M. Willick - Re: Possible Sale of John N. Allan Park. The communication expresses opposition to the possible sale of John N. Allan Park. AND No. 117 - Mr. & Firs. A. Weaver - Re: Possible Sale of John N. Allan Park. The communication expresses opposition to the possible sale of John N. Allan Park. ~ Fir. W. Hunter wag granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Baker. The motion Carried with the following vote: AYR: Aldermen Cummings, Dllts, Fete, Baker, Janvary, Kerrio and Somerville. NAYE: Aldermen Chessman~ Merrett, Orr, Puttick and Schisler. Fir. Hunter indicated that there ware rumours circulating that the City had actually sold the Park to Marinaland. Mayor Thomson assured Fir. Hunter that no such action had been taken~ and that prior to any decision being made a full public meeting would be held and an opportunity provided for individuals to express their views on the matter. Fir. Hunter questioned the fact that Council had first considered the matter in Committee of the Whole. Mayor Thomson explained that it. is the practice of Council to discuss property matters in Committee of the Whole, in addition to matters involving litigation and personnel. Fir. Hunter submitted further petitions signed by persons opposed to, the sale of John N. Allan Park. Following further comment, it was moved by Alderman Marfelt, seconded by . Alderman Fera~ that the communications be received and filed, and the connents taken into consideration by Council prior to any decision being reached. The motion Carried Unanimously. -3 - No. 118 - Niagara Film Productions - Re: Superman II Week, May 25 - 30, 1981. The communication requests that the week of May 25 - 30, 1981, be proclaimed as Superman II Week in observance of the North American Media Premiers in Niagara Falls of the motion picture "Superman II". ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the request be approved subject to the established policy. Carried Unanimously. No. 119 - Regional Municipality of Niagara - Re: Solid Waste Disposal in the Regional Municipality of Niagara. The connnunication expresses an interest in a meeting being held between the Region and area municipalities to discuss solid waste management. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the City indicate its willingness to meet with the Region on this matter. Carried Unanimously. No. 120 - United Nations Association - Re: Membership in the Association. The communication requests that Council appoint a member to serve in the United Nations Association. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be referred to the Finance Committee for consideration. The motion Carried with Aldermen Dilts and Orr voting contrary, and all others voting in favour. No. 121 - Secretariat for Social Development, Ontario Advisory Council on the Physically Disabled. The communication commends the City for its initiative in providing on-street parking for the physically handicapped, and suggests that the City consider reciprocal privileges with other municipalities where such programs are in effect. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communication be received and filed, that the City agree with the concept of reciprocal privileges with other participating municipalities, and further that a copy of the communication be forwarded to the Social Planning Council. Carried Unanimously. No. 122 - Secretary to the Governor General - Re: Invitation to the Queen Mother. The communication advises that the letter of invitation has been forwarded to the Queen Mother for consideration. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 123 - Niagara Plumbing Supply Company Ltd. - Re: Traffic Congestion at Stanley Avenue and Highway ~20. The communication expresses concern over the planned exit from the proposed tourist information centre onto Stanley Avenue. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be referred to staff to meet with all agencies involved. Carried Unamimously. No. 124 - Downtown Board of Management - Re: Sa{e of Imported Produce from Farmers Market. The communication requests: (a) that Council approve the sale of imported produce at the Downtown Market; 2) That the market fees be increased to $75.00 per year per stall, with an additional 25% advertising fee. In response to a question raised by Alderman Merrett, Mayor Thomson Indicated that the requested changes would only apply to the Downtown Market. Alderman Cunmings asked if this change would have an impact on the Sylvia Place Market. Fir. G. Mallouk of the Downtown Board of Management indicated that it was his understanding the Main & Ferry Board of Management was agreeable to a similar change at the Sylvia Place Market. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the requests be approved for the Downtown Market only. Carried Unanimou81.~. No. 125 - The Inn Motel - Re: Improvements to Rapids View Drive. The communication requests that the City consider making certain improvements on Rapids View Drive. Alderman Puttick suggested that a copy of the communication be forwarded to the Niagara Parks Commission for its information, since the property is adjacent to Commission lands. ORDERED on the motion of Alderman Nerrett~ seconded by Alderman Ctumings~ that the co~anunication be referred to staff for the preparation of a report~ and further that a copy be forwarded to the Niagara Parks Commission. Carried Unanimously. ..see4 ' t -4- No. 126 - Royal Canadian LeSion, Branch 479 - Re: Memorial Street School. The communication expressed interest in the use of the Memorial Street School should the City purchase same. Mayor Thomson advised that similar requests have been received from the Conunities of the Madonna A~dolorato and the Niagara Falls Lions Club for use of this property if the City purchases same. Alderman Cummings felt the Recreation Commission should be involved in any review undertaken to determine whether the City should purchase the property. Alderman Merrett indicated that although the Recreation CommissionIs input would be required, there were non-recreational uses proposed for the property as well. Alderman Puttick felt the matter should be referred to the Finance Committee for consideration. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Chessman, that the matter be referred to staff, and that the organiza- tions interested in the property be notified when a decision is made. Carried Unanimously. No. 127 - Canadian Memorial Chtropractic College - Re: Good Posture Week~ May 1 - 7, 1981. The communication requests that the City proclaim the week of May 1 - 7, 1981 as Good Posture Week. ORDERED on the motion of Alderman Puttick, seconded by Alderman Dilts, that the request be approved subject to established policy. Carried Unanimously. REPORTS No. 294 - Recreation Commission - Re: Park & Board of Education Athletic Field Reservations. The report recommends approval of the schedule for special events and the regular schedule for parks and athletic fields and school grounds. Alderman Dilts advised that the Chippaws Volunteer Firemen had requested permission to hold their annual slo-pitch tournament, and were turned down. The Alderman indicated that this tournament is a major source oLincome to the Volunteer Firamen, which is used to maintain the fire hall in Chippaws. The Director of Recreation advised that a meeting was to be held within a week with representatives of the organizations involved, and it was anticipated that the problem would be resolved. Pather than defer the matter, the Director of Recreation felt the report cohld be adopted in order to allow the various organizations to plan their summer schedules. Mayor Thomson suggested that if the problem could not be resolved, the matter should be reported back to Council at the next meeting. In response to a question raised, the Director of Recreation explained the policy of the Commission in dealins with requests for special events such as tournaments. ' -5- Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Fera, that the report be referred back to the Recreation Commission for further study and the preparation of recommendations. Carried UnanimoUsl7. No. 296 - City Manager - Re: Former Desson Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the proposed revisions to the subject plan of subdivision are not acceptable to the City of Niagara Falls. Mr. J. Zabek, solicitor for the developer, requested that the matter be tabled for two weeks to allow further information to be obtained and possible alternatives submitted to Council. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be tabled for two weeks, and further that persons previously expressing an objection be notified accordingly. Carried Unanimously. No. 297 - City Manager - Re: Former Distribution Centre Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Housing be requested to approve a one year extension of draft plan approval to May 6th, 1982, for the subject subdivision proposal. :rANv~y ORDERED on the motion of Alderman Merrett, seconded by Alderman ~, that the report be received and adopted. Carried Unanimously. No. 298 - City Manager - Re: Valley Way West Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Mousing be advised that the City is prepared to approve a one year extension of the draft plan approval of the proposed Valley Way West Subdivision to May 16th, 1982, on the understanding that the developers York-Hanover, provide written assurance to the City that they will proceed with the survey work necessary for the proposed land exchange agreement. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that No. 299 - City Manager - Re: Encroachments - 8310 Niagara Street and 3569 Strang Drive. The report recommends that the application for the passing of a by-law to permit the continuation of encroachmerits of a two storey apartment building on the Niagara Street and Siraug Drive road allowances be approved. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law No. 81-89 No. 300 - City Manager - Re: Requests for Building Permits, Willoughby Drive Area. The report recommends that if Council is agreeable to approve the request set out in the letter from the law firm of Slovak, Sinclair &Crowe dated March 6, 1981, that the by-law appearing on the agenda authorizing agreements respecting the issuance of building permits be passed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman, that Following further comment, it was moved by AIderman Dilts, seconded by the report be received and adopted. The motion Carried with Aldermen Schisler Aldermen Cheesmau, that the report be received and adopted, and further that and Somerville voting contrary, and all others voting in favour. the request of the Chippaws Volunteer Firemen to hold a tournament be ' considered atthe next meeting of Council if a solution to the problem cannot ' ' See By-law interest and all others voting in favour. NO. 301 - Municipal Works Committee - Re: Calagutro Subdivision Tender Call Procedure. The report recommends: 1} That staff be authorized to call tenders No. 295 - Recreation Commission . Re: Minor Boys' Softball and Ker Park. The for underground servicing of Phase I of the subject subdivision prlor to the signing report advises that the Minor Boys Softball Association has requested a and execution of the Subdivision Agreement between the City and the Subdivider; commitment from the City that as long as the organization can Justify a need 2) if the Subdivision agreement is not signed by the tender opening date, tobedevelop.datK.rpark, itwouldh.v. priority th. t.ndercallwould beeaneelled or possibly extended; and · servicing of the subdivision proceeds prior to the subdivision being registered, an indemnifying agreement would be executed between the City and the developer. Alderman Merrett felt that the Commission should have submitted a ' ORDERED on the motion of Alderman DLlts, seconded by Alderman Kerrio, that the Commission policy. The Dlrector of Recreation indicated that there wa~ sere. urge.cy i.volved i. the orga. izatio.'s request, a.d for thls re.son, .o. 302 - Mu. lcipal Works C ittee- Re= 1981 Joi.t An.ual Co. ferenoe of it had been reported immediately to Council. If the Council was agreeable and OMWA. The rpeort reconmnends that two members of staff be authorized to attend to the request, staff could commence ~ork on an appropriate agreement. the subject conference to be held in London from May 10 - 13, 1981. Alderman Cummnings felt that the request was not covered by any policy of Alderman Dill8 indicated that the Municipal Work8 Committee had no objection the Cofrmiesion, and pointed out that the members of the C~mmiselon were not to e member of Council attending the conference in addition to the two staff - completely In support of grant~n~ such a request. members since this had been permitted in the past. Alderman Cheeeman suggested that the matter be referred back to the OED~RED on the motion of Alderman Dills, seconded by Alderman CummlnEs, that the report be received and adopted. Carried Unanimously. Eecreatlon Co~miaelon for study and preparation of suitable recommendations · - for the consideration of Council. Alderman Puttick suggested that it might No. 303 - Municipal Works Committee - Pa: Annual Rubbish Campaign. The report be advisable to have a legal opinion on the matter included in the report. recommends that the City~e annual rubbish campaign conwhence on May 19th 1981 ~" 5 and that the Director of Municipai Works be authorized to undertake the appropriate ! ' .... advertising 0f the campaign. ' -6- The Director of Municipal Works provided additional information on the matter response to a number of questions raised. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 304 - Municipal Works Committee - Re: Mountain Road Sanitary Landfill Site. The report recommends adoption of certain recommendations as outlined in the report to the Municipal Works Committee dated March 17, 1981. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 305 - City Manager - Re: Appraisal of Property at the Intersection of Valley Way and Stanley Avenue. The report provides a breakdown of the invoice submitted by J.D.H. t~cKenzie Appraisals Limited, and recommends payment of Alderman Puttick indicated that he was not questioning the capability of the firm in carrying out appraisal work, but felt that a policy should be considered by the Municipal Works Committee whereby the cost of the appraisal would be known prior to engaging the appraiser. The Alderman also questioned the fee of $950 in view of the amount of property involved. The Director of Municipal Works indicated that his first reaction had been that the bill seemed high, however not being an appraiser he could not comment on the amount of the fee charged. The firm was requested to submit a detailed account of the work performed, and the Director of Municipal Works indicated that he had no reason to doubt that explanation. It was further indicated that staff would have no objection to a policy that would determine the rates prior to engaging an appraisor. Alderman Chessman pointed out that quite often such fees are set down in by the profession in a schedule, and one had to accept the word of the professionals in this matter. While the Alderman had no objection to requesting the rates in advance or an itemized account upon completion of an appraisal, he felt Council could not question the amount of work or nun]her o~.pages included in the report prepared by the appraiser. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others voting in fayour. NO. 306 - City Manager - Re: Supply and Installation of Steel Work at Oakes Park Bleachers, West Side. The report recommends that the quotation for the supply and installation of steel work at Cakes Park west side bleachers be awarded to Petrie's Contracting Limited. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. See Resolution No. No. 307 - City Manager - Re: SkyIon - Proposed Sign. The report recommends approval of the issuance of a sign permit for a wall sign to be placed at the Skylon Tower having an area of 259 square feet. ORDERED on the motion of Alderman Dilts~ seconded by Alderman merrett, that the report be received and adopted. Carried Unanimously. No. 308 - City Manager - Re: Building Permits. The ~eport provides information relative to permit statistics, development proposals and other noteworthy data that has emerged during the period covered by the report. ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings~' that the report be received and adopted. Carried Unanimously. ' No. 309 - Finance Committee _ Re: 1981 Conference8 and Conventions. The report recommends that the summary of conferences and conventions for attendance by Gouncil, committee and staff members for 1981 be referred to City Council for their recon~nendation. Alderman Merrett indicated that he was opposed to having five persons attend the Canadian Parks & Recreation Association Conference to be held in Calgary. The Aiderman felt it would be sufficient to have one member of Council, one member of the Co~mission and one member of staff attend. With respect to the anerican Public Works Conference and International City Management Association Conference~ Alderman Puttick indicated that he was opposed to having City staff participate in these conferences, The - 7- Alderman suggested that the City Manager attend the Ontario Municipal Administrators Association conference to be held in Windsor rather than attending the International association conference in California. Also with respect to the Canadian Parks & Recreation Association Conference, Alderman Puttick felt that five persons should be permitted to attend this year, but the number reduced to three in 1982. Following considerable discussion on the matter, it was moved by Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. It was then moved by Alderman Merrett, seconded by Alderman Orr, that one member each of Council, the Recreation Commission and staff be permitted to attend the Canadian Parks & Recreation Association Conference, and that the report as amended, be adopted. The amending motion Carried with the following vote: AYE: Aldermen Cummings, Dilts, Baker, Merrett, Orr, Kerrio and Somerville. NAYE: Aldermen Chessman, Fern, Janvary, Puttick and Schisler. It was then moved by Alderman Puttick, seconded by Alderman Kerrio, that the International City Management Association and American Public Works conferences 'be deleted from the report, and the report as amended be adopted. The amending motion was Defeated with the following vote: AYE: Aldermen Dilts, Orr, Puttick, Schisler, Kerrio and Somerville. NAYE: Aldermen Chessman, Cummings, Fera~ Baker, Janvary, Merrett and Mayor Thomson. The motion to adopt the report made by Aldermen Chessman and Fera, as amended by the motion reducing the attendance at the C.P.R.A. conference to three, was Defeated with the following vote: AYE: Aldermen Chessman, Cummings, Fern, Baker and Merrett. NAYE: Aldermen Dilts, Janvary, 0rr, Puttick, Schisler, Kerrio and Somerville. It was then moved by Alderman Puttick, seconded by Alderman Kerrio, that the American Public Works Association and International City Management Association conferences be referred back to the Finance Cormuittee for further consideration, and the balance of the report adopted. This motion was Defeated with the following vote: AYE: Aldermen Dilts, Puttick, Schisler, Kerrio and Somerville. NAYE: Aldermen Cheesman~ Cu~unings~ Fern, Baker~ Janvary~ Merrett and Orr. It was then moved by Alderman Dilts, seconded by Alderman Orr, that the International City Management Association conference be deleted, that the City Manager be authorized to attend the Ontario Municipal Administrators Association conference to be held in Windsor, and the report as amended be adopted. The motion was Defeated with the following vote: AYE: Aldermen Dilts, Orr, Puttick~ Kerrio and Somerville. NAYE: Aldermen Chessman, Cummings~ Fera~ Baker~ Janvary, Merrett and Schisler. It was then moved by Alderman Cheesman, seconded by Alderman Baker, that the report, as amended by the reduction in the number of persons attending the Canadian Parks & Recreation Association conference from five to three~ be · adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings~ Fera~ Baker, Janvary, Merrett and Mayor Thomson. NAYE: Aldermen Dilts, Puttick~ Orr, Schisler~ Kerrio and Somerville. No. 310 - Finance Committee - Re: L.R. Graphics, Niagara Grape & Wine Festival. The report recommends that the City subscribe to a one quarter page advertisement in the publication for the Niagara Grape and Wine Festival at a cost of $150. Alderman Cummings commented that when the matter was considered by the Finance Committee, it had been stated that the City of St. Catherine, advertises in the Blossom Festival program. The Alderman advised that he had looked through the 1981 program, and could not find any advertisement by St. Catharines. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Cheesman~ that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Dilts, Fern, Baker, Janvary, Martattend Somerville. NAYE: Aldermen Cummings~ Orr~ Puttick~ Schisler and Kerrio. No. 311 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Manager, City T~easurer and Personnel Officer provided additional information regarding Cheques #1491, 1494, 1520, 1542, 1543, 1574, 1579, 1590 -8- 1594, 1595, 1602, 1712, 1731 and 1847 in response to questions raised by Aldermen Cummings, Dilts, Merrett, Orr, Puttick, Schisler and Somerville. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining on a conflict of interest, and all others voting in favour. No. 312 - City Manager - Re: 1980 Annual Report of the Fire Department. The report provides information on the activities of the Fire Department for the year 1980. ORDERED on the motion of Alderman Cununings, seconded by Alderman Baker, that the report be received and filed, and the Fire Chief commended for the report. Carried Unanimously. No. 313 - City Manager - Re: Ontario Onvernment's B.I.L.D. Program. The report provides information on the parts of this program which are being pursued by various agencies in the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, the report be received and filed. Carried Unanimously. that No. 314 - City Manager - Re: Settlement with Local 528, Niagara Falls ProfessionaZ Fire Fighters. The report recommends acceptance of the following settlement with Local 528, Niagara Falls Professional Fire Fighters - 7.7% increase effective January 1, 1981, 4% effective August 1st and 3.6% effective December 1st, one year contract, vacation improvement to four weeks after ten years (was eleven), with a total package cost of $241,735.00 or 9.87% of payroll. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cummings, Fern, Baker, Janvary, Merrett, Orr, Kerrio and Semerville. NAYE: Aldermen Dilts, Puttick and Schisler. RESOLUTIONS No. 37 - DILTS - FERA - RESOLVED that the quotation submitted by Petrte's Contracting Limited for the supply and installation of steel work at Oakes Park west side bleachers, be accepted at the quoted price of $4,900.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ~.Y-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-laws be read a first time: ~p. 81-89 - A By-law to allow the maintaining and using of a buildin~ which encroaches on Strang Drive and Niagara Street. ~o, 81-90 - A By-law to authorize agreements respecting the issuance of building permits for the lands shown as Parts 3 to 13 inclusive on Plan 59R-25 No. 81-91 - A By-law to provide monies for general purposes. ~o. 81-92 - A By-law to authorize an agreement with Niagara Falls Professional Fire Fighters, Local 528 of the International Association of Fire Fighters. Carried with Aldermen Schtsler and Bemervill contrary on' By-law Alderman Janvary ebsu ing on By-law 81-91 a, Aldermen Dilts, puttic and 8chisler contrary By-law 81-92. ORDERED on the motion of Alderman Fera, seconded by Aideman following by-laws be now read a second and third time| No. 81-89 - A By-law to allow the maintaining and using of a encroaches on 8trang Drive and Niagara Street. Merrett~ that the building which .No. 81-90 - A By-law to author.ize agreements respecting the issuance of building permits for the lands shown as Parts 3 to 13 inclusive on Plan Bo. 81-91 - A By-law to provide monies for general purposes. 59R- 506 1 -9- NEW BUSINESS MILEAGE REPORTS Alderman Puttick advised that he had requested copies of the mileage reports submitted by persons receiving flat rate car allowances over a week earlier, and he had not received the information as yet. The City Clerk advised that a report was to be submitted to the Municipal Works Committee at its meeting of May 5th on this matter, containing all of the information requested. Following a brief discussion, Alderman Puttick indicated that he was willing to wait until May 5th when the Municipal Works Committee would be considering this information. It was moved by Alderman Cheesman, seconded by Alderman Orr, that the meeting adjourn to Committee of the Carried Unanimously. ADOPTED, COLLINSON, CITY CLERK MAYOR WAYNE THOMSON COMMi Committee Room #1 April 21, 1981 Council met on Tuesday, April 21, 1981, in Committee of the Whole following a regular meeting of Council. All members of Council were present. Alderman Cummings presided as Chairman. Following consideration of the items arose without reporting. ~d, the Committee of the ~%ole READ AND ADOPTED, COLLINSON, CITY CLERK MAYOR WAYNE THOMSON COUNCIL ETING Committee Room April 21, 1981 Council reconvened in formal session on Tuesday, meeting in Committee of the Whole. All members of Council were present. Worship, Mayor Thomson presided as Chairman. April 21, 1981 following a His The meeting adjourned. READ AND ADOPTEDs /.L'ca£I.s Ni a Y'C E K'" MAYOR WAYNE THOMSON .[ NINETEENTH MEETING Council Chambers April 27, 1981 Council met on Monday, April 27, 1981, following a General Committee Session. All members of Council were present with the exception of Alderman Fera. His Worship, Mayor Thomson presided as Chairman. PORTAGE ROAD BRIDGE OVER THE REPC CANAL Report No. 182 - Municipal Works Committee - The report provides background information on the history of discussions on the Portage Road Bridge over the HEPC Canal. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the Mayor and staff be authorized to make approaches to the Regional Municipality of Niagara and the Ministry of Transportation & Communications to obtain all the required financial data, with a report to be submitted back to Council containing the information necessary to approach the Region directly. The motion Carried with Alderman Curmnings voting contrary, Aldermen Dilts and Puttick abstaining on a conflict of interest, and all others voting in favour. PROPOSED BANNERS - MAPLE LEAF VILLAGE Report No. 315 - City Manager - The report recommends that Mr. K. Ferren be permitted to make a presentation to Council regarding a proposal to erect sign-like banners along Falls Avenue. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that an agreement be entered into with the proponent to permit the erection of the banners subject to: 1) The City being saved from all harm as a result of the erection of the banners; 2) Approval of the Niagara Parks Commission, M.T.C., and the Niagara Falls Bridge Commission with respect to the erection Of banners adjacent to property under the Jurisdiction of these bodies; 3) Deletion of the banners on Oneida Lane; and 4) Compliance with the provisions of the City's sign by-law. Carried Unanimously. SIDEWALKS ALONG NEW MCLEOD ROAD AND STANLEY AVENUE Report No. 316 - City Manager - The report recommends: 1) The City accept the responsibility of the cost of constructing approximately 220 metrag of sidewalk along the new realigned Stanley Avenue and McLeod Road; 2) Sidewalks along~Stanley Avenue between existing McLeod Road and new McLeod Road, along new McLeod Road and along Portage Road be included in the Regional Road contract; 3) Cost of the above mentioned approximately 220 metrag of sidewalk, currently estimated at approximately $7,000 be provided in the 1982 Operating Budget, and a payment towards the cost of this sidewalk be made to the Regional Municipality of Niagara in 1982; and Regional staff be thanked for their co-operation on the matter and a copy of the report forwarded to the Regional MuJticipality of Niagara. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. L REVIEW OF STAFF COMPLEMENT - MUNICIPAL SERVICE CENTRE Report No. 317 - City Manager - The report provides a comparison of staff complements in certain categories~ with the City of St. Catharines. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Janvary~ that the report be tabled. Carried Unanimously. PARKING FOR THE HANDICAPPED Report No. 318 - City Manager - The report provides information on by-laws prepared to provide for the granting of parking privileges to permanently handicapped drivers. ORDERED on the motion of Alderman Martart, seconded by Alderman Janvary, that the report be received and filed, and the by-laws given the necessary readings. ~arried Unanimously. SPECIAL EVENT AT THE NIAGARA SOUTH RECREATION CENTRE Report No. 319 - City Manager - The report recommends that the City enter into an agreement with Top Ten Promotions (a division of Patus Associates Limited) to promote a full contact karate kick-boxing match at the Niagara South Recreation Centre on May 8, 1981. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary~ that the report be received and adopted. Carried Unanimously. -2- UNITED NATIONS ASSOCIATION Report No. 320 - Finance Committee - The report recommends approval of a $50.00 membership fee for the subject organization for 1981. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. 1981 PARKING OPERATION BUDGET Report No. 321 - Finance Committee - The report recommends that Council adopt the estimates set forth in the parking operation budget for 1981. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. SBRINER'S CREEK PROJECT Report No. 322 - Mayor Wayne Thomson - The report advises that the application for Judicial Review that was brought by Cornwill Investments Limited against the Minister of Natural Resources to set aside the Minister's approval of the expropriation of part of Cornwill's lands for the above noted project was dismissed in the Supreme Court of Ontario on Monday, April 13th, 1981. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the report be received and filed, and copies sent to all interested parties. Carried Unanimously. APPOINTMENTS TO DOWNTOWN BOARD OF MANAGEMENT Communication No. 128 - Downtown Board of Management - The communication advises that Mr. R. Iseppon and Mr. F. Martin have resigned from the Downtown Board of Management, and requests the appointment of Mr. G. Butler and MS. Sandy Bird to fill these vacancies. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the appointments be confirmed, and the necessary appointment by-law prepared. 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-laws be read a first time: No. 81-93 - No. 81-94 - No. 81-95 - A By-law to provide for the issuing of permits in respect of vehicles that are operated by physically handicapped persons and to provide the manner in which such vehicles shall be identified and to exempt from certain provisions of other by-laws of the Corporation the owners and drivers of vehicles so identified and to prohibit the improper use or acquisition of such permits or other identifying markers issued in connection with such permits. A By-law to amend By-law No. 7878, 1969 being a by-law to provide for establishing parking lots in the City of Niagara Falls and for regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. A By-law to amend By-law No. 72-132 to provide for the use of parking meters on streets. .No. 81-96 - A By-law to require the provision of designated parkln~ spa~es for the sole use of vehicles operated by physically handicapped persons and in respect of which a permit has been issued under By-law No. 81-93. , Carried Unanimously ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 81-93 - A By-law to provide for the Issuing of permits in respect of vehicles that are operated by physically handicapped persons and to provide the manner in which such vehicles shall be identified and to exempt from certain provisions of other by-laws of the Corporation the owners and drivers of vehicles so identified and to prohibit the improper use or acquisition of such permits or other identifying markers issued In connection with such permits. -3 - No. 81-94 - A By-law to amend By-law No. 7878, 1969 being a by-law to provide for establishing parking lots in the City of Niagara Falls and for regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. No. 81-95 - A By-law to amend By-law No. 72-132 to provide for the use of parking meters on streets. No. 81-96 - A By-law to require the provision of designated parking spaces for the sole use of vehicles operated by physically handicapped persons and in respect of which a permit has been issued under By-law No. 81-93. Carried Unanimously NEW BUSINESS PARKING REGULATIONS - VICTORIA AVENUE Aiderman Merrett referred to a notice in the Region's Public Works Update newsletter regarding the preparation of a by-law prohibiting parking on various sections of Victoria Avenue, and questioned the loss of parking spaces on a busy commercial street such as Victoria Avenue. The Traffic & Construction Engineer indicated that he had referred to the Region's intention to re-institute certain parking prohibitions at the last Parking & Traffic Committee meeting, however he had not seen any specific information on the matter. Additional information was provided regarding parking on Kitchener Street in response to a question raised by Alderman Cummings. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Cummings, that the matter be referred to staff for the preparation of a report. Carried Unanimously. CROSSWALKS Alderman Merrett indicated that he had been advised of an incident where a senior citizen had nearly been struck by an automobile on Portage Road near the senior citizen housing complex. The Alderman asked if there had been any report from the Region on the study being undertaken respecting the use of cross-walks. The City Manager explained that a national study was being made of the use of cross-walks, and once completed, the Region would then make a decision on whether or not their:use would be permitted on Regional roads. MESSAGE OF CONDOLENCE It was moved by Alderman Puttick, seconded by Alderman Chessman, that a message of condolence be sent to the family of the late Mr. Harold Woodgate~ father of the City's Maintenance & Operations Engineer~ Mr. H.A. Woodgate. Carried Unanimously. It was moved by Alderman Puttick, seconded by Alderman Merrett, that the meeting adjourn. Carried Unanimously. LLI SON, CITY YOa WAYNE OMSON TWENTIETH MEETING Committee Rooms #2 & 3 May 4, 1981 SPECIAL BUDGET MEETING Council met on Monday, May 4, 1981 at 4:45 p.m. for the purpose of reviewing the 1981 current operating budget estimates. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. 1981 CURRENT OPERATING BUDGET Report No. 323 - Finance Committee - Re: 1981 Current Operating Budget. The report recommends that Council review the budget estimates and mill rates for 1981 as revised by the Committee. Council Remuneration - It was moved by Alderman Puttick, seconded by Alderman Cummings, that the Mayor's salary be increased by 10% effective January 1, 1981. Carried Unanimously. It was moved by Alderman Puttick, seconded by Alderman Cummings, that Aldermanic salaries be increased by $500 per annum effective January 1, 1981. me motion Carried with the following vote: AYE: Aldermen Cheesman, Cummings, Dilts, Fera, Baker, Puttick, Schisler and Somerville. NAYE: Aldermen Janvary, Marterr, Orr and Kerrio. Niagara Falls Hydro Inventory Bill - It was moved by Alderman Puttick, seconded by Alderman Gummings, that Council be advised at the end of September in a written report, what material has been used from the Niagara Falls Hydro street lighting invsntory. Carried Unanimously. It was moved by Alderman Cheesman, seconded by Alderman Kerrio,'that the question of the City purchasing the Niagara Falls Hydro inventory of strset lighting supplies be referred to the Finance Committee to explore fully. Carried Unanimously. Niagara Symphony Association - It was moved by Alderman Puttick, seconded by Aldeman Chessman, that a one-time grant of $10,000, plus an annual grant (through the Recreation Coalmission) of $1,270 to the Niagara Symphony Association be approved. The motion Carried with the following vote: AYE: Aldermen Chessman, Janvary, Merrett, Puttick, Schtsler, Somerville and Mayor Thomson. NAYE: Aldermen Cunnnings, Dilts, Fera, Baker, Orr and Kerrio. Property Acquisition on Queen Street - It was moved by Alderman Merrett, seconded by Alderman Chessman, that an amount of $200,000 be included in the 1981 operating budget for the possible purchase of properties oh Queen Street, and that the actual purchases be considered at a later date. Carried Unanimously. It was then moved by Alderman Puttick, seconded by Alderman Cheesman, that the 1981 current operating budget be approves as submitted. The motion Carried with Aideman Schtsler voting contrary~ and all others voting in fayour. It wa8 moved by Aideman Cheesman, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON TWENTY-FIRST MEETING Committee Rooms #2 & 3 May 4, 1981 COMMITTEE OF THE WHOLE Council met on Monday, May 4, 1981 in Committee of the Whole. All members of Council were present· Alderman Fera presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. , ~1~ , READ AND ADOPTED, REGULAR'~EB+I'I~ MAYOR WAYNE THOMSON Council Chambers May 4, 1981 Council met on Monday, May 4, 1981 at 8:00 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 Alderman Orr requested that she be shown as abstaining from voting on a conflict of interest with respect to Communication No. 127 of the April 21st, 1981 Council minutes. Alderman Janvary also pointed out that under Report No. 297 of the April 21st minutes, Alderman Merrett's name is shown as moving and seconding adoption of the report. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the minutes of the meeting of April 13, 1981 be adopted as printed, and the minutes of the meeting of April 21, 1981, be adopted as corrected. Carried Unanimously. PRESENTATIONS His Worship, Mayor Thomson presented Mr. V. Rossi with a retirement watch, and presented 25-Year Plaques to Mr. F. Ella and Mo. M. Fasano. UNFINISHED BUSINESS PARKING, TRAFFIC & TOURISM STUDY Report No. 324 - Traffic & Construction Engineer - The report advises of the status of the study and clarifies certain erroneous speculations published in an editorial in the Niagara Falls Review. Additional information was provided by Mayor Thomson, Aldermen Merrett and the Traffic & Construction Engineer in response to a number of questions raised. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. PROPOSED OFFICIAL PLAN AMENDMENT NO. 122 AND ZONING AMENDMENT AM-19/80, R. DISTEFANO, SOUTHWEST CORNER OF LUNDY'S LANE AND GARNER ROAD Report No. 325 - Planning Director - The report provides additional information in response to a number of questions raised by an adjacent property owner. Hr. H. Joy was granted permission to address Council on the motion of Alderman Marrett, seconded by Alderman CumminSs. Mr. Joy indicated that his concern was with how close Mr. Distefano intended to build to hie home. The other concern of Mr. Joy dealt with removal of certain trees on the property, and Mr. Joy did not want any noise involved in removing these trees to disturb his guests staying at the motel. - 2 - Mr. R. Distefano stated that he would not be starting any work on his property before the rezoning and Official Plan amendment were approved, It was not anticipated that approval on these applications would be received before the Fall of 1981. With respect to the sideyard setback, Mr. Distefauo indicated that he would comply with the sideyard requirements set out in the site plan. The Senior Planner provided additional information regarding the manner in which such conditions as sideyard setbacks are established under site plan control. Mr. Joy was of the opinion that his concerns regarding the removal of trees had not been resolved as yet. Alderman Puttick suggested that the matter could be tabled until further clarification was received. Following further comment, Mr. Distefano indicated that he did not intend to do any tree cutting on the property. It was then moved by Alderman Fete, seconded by Alderman Baker, that the applications be approved subject to the terms outlined in Report No. 264 dated April 6, 1981. Carried Unanimously. See Resolution No. 38 See By-law Nos. 81-72, 81-73 and 81-97 FORMER DESSON SUBDIVISION Report No. 296 - City Manager - The report reconmaends that the Subdivisions Branch of the Ministry of Housing be advised that the proposed revisions to the subject draft plan of subdivision are not acceptable to the City of Niagara Falls. Mr. J. Zabek, solicitor for the owner of the property, was granted permissior to address Council on the motion of Alderman Cummings, seconded by Alderman DilLs, Mr. Zabek indicated that the subdivision, which contains 2.72 acres, would normally yield 11 Iota. The present average cost of developing a lot in the City would be approximately $9,000 per lot. With only nine lots being developed in the subdivision, the cost per lot works out to $1~..500, 50% greater than the normal cost. The proposed revisions to the draft plan would provide for Claude Avenue to end in a temporary cul-de-eac providing an emergency walkway and exit for emergency vehicles and would include two additional lots in place of the roadway presently shown in the plan. Mr. Zabek commented that the advantages of the revised plan are that the plans provides for infilling of the area, the extension of single family homes in the Theresa Subdivision, looping of the services and the privacy of the existing subdivision being maintained. With respect to the objections concerning the proposal to Subdivision was registered, and since that time, the former Victoria School had closed. Mr. Zabek felt that~eince the extension of Claude Avenue had only been suggested on general planning principles, there were no compelling reasons for the extension to take place. With respect to objections raised regarding increased traffic once the adjacent lands are developed, Mr, Zabek provided a detailed explanation of traffic studies carried out iu the area indicating that traffic would not increase to the extent that it would be a concern to residents. In summary, M~. Zabek stated that the cost of developing the subdivision without the amendment requested would be prohibitive, and each year the cost8 escalate and must subsequently be passed on to the purchasers. Mr. L. Brenneman of Hillcrest Crescent, stated that the residents had no guarantee that the lots would be developed as single family dwellings. If multiDie family units were permitted, traffic in the area would definitely increase. Mr. Brenneman also indicated that he felt Cluade Avenue should be extended through to Portage Road. Alderman Orr pointed out that when this matter had been considered by the Planning & Develomnent Committee, there had been quite a few residents present 'objecting to the proposal. The Senior Planner indicated that the objectors were notified that the matter would be discussed by Council. Alderman Puttick felt that the amended plan of subdivision was acceptable with the_ provision of an emergency access to Portage Road. Both Aldermen Baker and Janvary pointed out that many of the residents in the area had been opposed to the revised plan because of the proposal to not extend Claude Avenue. Following further discussion, it was moved by Alderman Puttick, seconded bV Alderman CumminSs, that the revised plan as outlined in Report -3 - to the Planning & Development Committee, be approved. The motion was Defeated with the following vote: AYE: Aldermen Cummings, Merrett, Puttick, Schisler and Somerville. NA"VE: Aldermen Chessman, DilLs, Fera, Baker, Janvary, Orr and Kerrio. It was then moved by Alderman Dilts, seconded by Alderman Fera, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, DilLs, Fare, Baker, Janvary, Orr and Kerrio. NAYE: Aldermen Cummings, Merrett, Puttick, Schisler and Somerville. OFFER TO PURCHASE - JOHN N. ALLAN PARK Report No. 297 - Mayor Thomson - The report recommends adoption of the following schedule of meetings necessary to fully consider the interest expressed by Marineland and Game Farm to purchase the municipal lands known as John N. Allan Park: 1) May 11/81 - An on-site inspection of the present park and its possible integration with future plans of Marineland; 2) May 25/81 - Public meeting in the Council Chambers at which time the representatives of Marineland will make a full presentation of their expansion proposals; and 3) June 8/81 - Full public hearing in the Council Chambers at which time all residents wishing to speak to Council on this matter will be heard, together with consideration by Council of all submissions received on this matter to date. Mr. W. Hunter was granted permission to address Council on the motion of Alderman Baker, seconded by Alderman Janvary. Mr. Hunter presented a further petition containing approximately one thousand signatures, from persons opposed to the sale of John N. Allan Park to Marineland. Mr. Hunter stated that if John N. Allan Park is sold, the land becomes commercial and could be worth several million dollars. It was further advised by Mr. Hunter, that a picnic would be held at the Park during the next weekend, and assistance was requested from the City in providing washroom facilities. Following a brief discussion, it was suggested by the Mayor that Mr. Hunter meet with City officials to determine if some arrangement can be worked out in this regard. ORDERED on the motion-of Alderman Cur~nings, seconded by Alderman Orr, that the r~port be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the petition submitted by Mr. Hunter be received and filed and referred to the June 8/81 public meeting. Carried Unanimously. COMMUNICATIONS No. 129 - Petition from Persons Supporting the Sale of John N. Allan Park A petition was presented from individuals supporting the sale of John N. Allan Park. ORDERED on the motion of Alderman-Merrett, seconded by Alderman Orr, that the petition be received and filed and referred to the June 8/81 public meeting. Carried Unanimously. No. 130 - Greater Niagara Senior Citizens Assoc~tion - Re: Worship Service. The communication extends an invitation to the members of Council to attend a Worship Service on June 21, 1981 in conjunction with Senior Citizens' Week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filedr and that as many members of Council as possible attend the service. Carried Unanimously. No. 131 - Niagara Falls Visitor & Convention Bureau - Re: Honeymoon Certificates. The c~mmunication requests permission to use the official Niagara Falls seal on honeymoon certificates. Alderman Cheesman noted there was an error in the French translation on the certificate and suggested that the Bureau be advised accordingly. ORDERED on the motion of Alderman Schisler~ seconded by Alderman 0rrs that permission be granted on the understand that use of the crest is confined solely to the honeymoon certificate. Carried Unanimously. No. 132 - Mr. W.T. Burke - Re: Special Occasion Permit. The,'communication requests approval of a special occasion permit to serve beer in conjunction with a slo-pitch tournament on April 8, 1981. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the request be approved subject to established policy. Carried Unanimously. No. 133 - Chippawa Ladies 81o-Pitch League - Re: Special Occasion Permit. The communication requests approval of a special occasion permit in order to serve alcob91ic beverages in conjunction with a tournament to be held on July 31 - .: -4- August 3, 1981 at the Niagara South Recreation Complex. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the request be approved subject to established policy. Carried Unanimously. No. 134 - Alderman P. Cummings - Re: Canadian Parks/Recreation Association Conference. The co~ununication requests permission to attend the subject conference to be held in Calgary from August 9 - 13, 1981 inclusive. Alderman Puttick indicated that it was his understanding the Chairman of the Commission would not be attending the conference and that possibly a member of staff might not be attending because of the previous decision of Council authorizing only one member each of the Commission, Council and staff. The Director of Recreation suggested that if the Chairman was not attending, it was possibly so that two members of Council could attend the conference. Mayor Thomson suggested that a report be submitted at the next meeting on the matter. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fare, that Aidelinen Curm~ings be authorized to attend the subject conference. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that a report be submitted at the next meeting regarding attendance at the subject conference. Carried Unanimously. No. 135 - Ministry of the Environment - Re: Stanley Avenue Combined Sewer. The communication advises that the MInistry is prepared to approve any loan application from industries to be located in the Industrial Park Subdivision and the Extension in view of the commitment by both City and Regional Councils that work will be carried out under the capital budget on this sewer. ORDERED on the motion of Alderman MerrettJ seconded by Alderman Baker, that the co~nunication be received and filed. Carried Unanimously. No. 136 - Niagara Deaf and Hard. of Hearing Association - Re: Speech and Hearing Awareness Month. The communication requests that the month of May be proclaimed as Speech and Hearing Awareness Month in Niagara Falls. ORDERED on the motion of Alderman Merrett, seconded by Aldermsa-Cheesman, that the request be approved subject to established policy. Carried Unanimously. No. 137 - Ground Aerial Maintenance Service Ltd. - Re: Traffic Congestion at Portage Road. The communication requests the installation of traffic signals due to the traffic congestion c~used by the construction of the new by-pass on Portage Road. ORDERED on the motion of Alderman Puttick~ seconded by Alderman Dilts, that the Mayor, City Manager and Director of Municipal Works contact the Region and do whatever neceaear.y~ to brin~ the urgency of the matter ~o their attention. Carried Unanimously. No. 138 - Chippaws Lions Club - Re: Annual Carnival. The communication requests permission to hold the annual carnival from June 10 - 13, 1981 at the Niagara South Recreation Complex, and also permission to serve alcoholic beverages in conjunction with the Carnival. ORDERED onthe motion of Alderman Dtlts, seconded by Alderman Baker, that the request to operate the carnival be approved and further that the request to obtain a special occasion permit be approved subject to established policy. Carried Unanimously. REPORTS No. 326 - Recreation Commission - Re: Minor Boys Softball Association.. The report-recommends that Council endorse the Recreation Commisston's proposal to provide the Boys' Minor Softball Association priority scheduling on proposed diamond #3 and 4 at Ker Park as Ions as the need can be Justified to the Commission in accordance with existing athletic park policies and procedures. The report further recommends that the Parks Department be authorized to proceed with the necessary work to prepare the new fields. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. No. 327 - City Clerk - Me: AM-8/80, Restricted Area By-law 81-74, Ten Partners Development Limited. The report advises that as a result of circulating the subject by-law, one letter of objection has been received. ORDERED on the motion of Alderman Schieler, seconded by Alderman Fare, that Council re-affirm its earlier approval of the rezoning, that an effort be made to resolve the objection, and further if the objection cannot ba resolved, it be forwarded to the Ontario MunicipalBoard. Carried Unanimously. -5 - No. 328 - City Clerk - Re: AM-15/80, Restricted Area By-law No. 81-19, Proposed 3-Storey Addition to Michael's Inn. The report recommends that the Ontario Municipal Board hearing date of June 15, 1981 at 11:00 a.m. be noted and the report be received and filed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. No. 329 - Planning & Development Committee - Re: AM-6/81, Niagara Battery & Tire, 5293 Bridge Street. The report recommends that the application be denied. Mr. P. Howard was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman err. Mr. Howard advised that he owns property directly across the street from the proposal and was also speaking on behalf of the owner of 5303 Bridge Street. Mr. Howard indicated that the proposal would be a major change by extending the existing legal non-conforming use. While area residents were not opposed to the existing business, Mr. Howard indicated that they were opposed to the business being extended onto the adjacent property. It was Mr. Howard's feeling that approval of the application would turn a small unsightly property into a larger unsightly property in the middle of a residential neighbourhood. Mr. Howard also contended that the proposal would cause adjacent property owners to lose equity in their homes. Mr. B. Sinclair, solicitor for the applicant, indicated that the proposal was not to change the use of the property, but to tear down the existing house to provide additional vehicular manoeuvring area and to construct a new facade on the existing building used to sell tires and batteries. Mr. Sinclair stressed that the proposal would correct the ingress and egress problem presently existing on Bridge Street, and at the same time make the property more aesthetically attractive. Mr. M. Maloney, operator of Niagara Battery & Tire, indicated that the business has experienced growing pains in recent years, and the application would permit him to do something about it. Mr. Maloney further indicated that he was willing to enter into a site plan agreement that would ensure the property was improved to a proper level of appearance. Alderman Fera indicated that he felt improvements of this nature should be carried out in non-residential areas without infringing on adjacent residents. The Alderman pointed out that the City's zoning by-law recognizes this fact and requested that Council take this into consideration. Aiderman Merrett pointed out that the business has been in existence for twenty-five years and would not he adding a new use to the area. The Alderman felt that the proposed expansion would alleviate some of the traffic problems in the area. AIderman Baker commented that the plans indicate the proposed building would be attractive, however he felt that Council should eventually phase out such non-conforming uses. In response to a question raieed~ the Senior Planner explained that the application is to extend a legal non-conforming uee~ which involves a different form of by-law as it does not change the status of the property. The property remains a legal non-conforming use and Council has the power to make such extensions. In response to a further question raised, the Deputy Solicitor indicated that the right of appeal would still apply since the by-law was still bein8 passed under Section 35 of The Planning Act. Alderman Chessman pointed out that while such uses should be encouraged in other areas, regardless of the action taken by Council on this particular application, the business would continue to operate. The Alderman also felt that the improvements to the business would keep Mr. Howard~s property value at its present levels if not higher. Following further comment, it was moved by Alderman Merrett, seconded by Alderman err, that the application be approved subject to site plan control. The motion Carried with the following vote: AYE: AIdermen Chessman, Cummings, Dtlte, Janvary, Merrett, err, Puttick, Schisler, Metric and Somerville. ~AYE: Aldermen Fera and Baker. No. 330'- Planning Director - Re: Fees Charged for Processing Official Plan -6- and Zoning ~mendments. The report recommends that the foliowing increases in ....... ~n~ charges be approved .n~ applied forthwith: 1) Official Plan Amendments from $200 to $300; 2) Zoning Amendments from $150 to $250; and 3) Draft Plans of Subdivision - No Change. ORDERED on the motion of Alderman CummingsJ seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 331 - City Manager- Re: Ascot Woods Stage 2 Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the City is prepared to approve a one year extension of draft plan approval of the proposed Ascot Woods Stage 2 Subdivision to May 30th, 1982. ORDERED on the motion of Alderman Cummings, seconded by Alderman DiltsJ that the report be received and adopted. Carried Unanimously. No. 332 - City Manager - Re: Request for Extension of Agreement, Foxhead Inn and the City of Niagara Falls - Biblical Wax Museum. The report recommends passage of a by-law to authorize the execution of an amending agreement with Maple Leaf Village Investments Inc. and Biblical Wax Museum Ltd. granting a further extension of the time for the removal of the encroachmeats. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 81-98 No. 333 - City Manager - Re: Site Plan Approval for Proposed 7-Eleven Food STore~ Victoria Avenue at Jepson Street. The report recommends approval of the subject site plan as submitted subject to certain conditions. Alderman Janvary asked if there was a need for another store of this type in the area. Mayor Thomson indicated that the property is zoned correctly, and the City cannot make a determination on whether the use is necessary or not, ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings~ that the report be received and adopted. The motion Carried with Aldermen Janvary and Orr, voting Con~rary~ and.~all ~thers_vottng in fayour. No. 334 - City Manager - Re: Closing and Sale of Part of Belfast Avenue. The report recommend8 that council approve the closing of that part of Belfa8t Avenue lying south of Woodbine Street and its sale to Mrs. 3ulie St. Louis for $14,850.00; passage of by-laws authorizing an application for the closing of part of Belfast Avenue and authorizing an agreement with 3ulie L. St. Louis and Helena Helu; and that the actual conveyance of the land be withheld until the formal Order approving By-law 79-200 has been received from the Ontario Municipal Board. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fare, that the report be received and adopted. Carried Unanimously. See By-laws Nos. and 81-100 No. 335 - City Manager - Re: 1981 Sidewalk Repair Contract S.R. 9-81. The report recommends acceptance of the unit prices submitted by Steed & Evans Limited for the subject contract. ORDERED on the motion of Alderman Fare, seconded by Alderman Orr~ that the report be received and adopted. Carried Unanimously. See Resolution See By-law No. No. 336 - City Manager - Re: Tenders for Mowing of Private Lots, Chemical Weed Control and Lawn &Weed Spraying. The report recommends: 1) Acceptance of the tender submitted by Adrian Van der Weyden for the mowing of private lots; 2) Acceptance of the tender of Earl Murchie for chemical and weed control; and 3) .~ceptance of the Tender of the Weed Man for lawn and weed spraying~ . Mr. E. Murchie questioned the recommendation to award the tender for mowing of private lots to another tendeter, stating that his equipment had la larger cutting blade and the hourly price would work out~to be lower in the long run. In response to a question raised by Alderman Boker~ the Director of Municipal Works indicated that the Lions Club maintains the Lions Park in chippaWa~ and he assumed spraying would be at their cost. Mr. A. Van der Wayden pointed out that Mr. M~rchie's tender included an hourly hand labour cost of $?0.00which was much higher than the price he had submitted. -7- The City Treasurer indicated that the $70.00 per hour labour price was a clerical error on the part of the tenderer. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Somerville, that the tender for mowing of weeds be tabled for one week for a further report, and that the balance of the report be adopted. Carried Unanimously. See Resolution No. 40 No. 337 - City Manager - Re: Protective Clothing Tender - 1981. The report recommends acceptance of the tender submitted by J.P. Hamill & Son Limited for the supply of shirts and pants, and coverails. ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See Resolution No. 41 No. 338 - City Manager - Re: Co-Operative Fertilizer Tender. The report recommends that the various mixtures of fertilizer requirements for the City and approved by the Parks & Cemeteries Superintendent, be purchased from the low tendsrats outlined on the tender summary. ORDERED on the motion of Alderman Fare, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 339 - City Manager - Re: Demolition Tenders. The report recommends that ~riple-M-Demolition be awarded the contract for demolition of two buildings in the Ryerson Market Park development. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fare, that the report be received and adopted. Carried Unanimously. See Resolution No. 42 No. 340 - City Manager - Re: Parking on Kitchener Street. The report recommends that parking be prohibited at all times from the northerly side of Kitchener Street from its intersection with Victoria Avenue 245' southerly. ORDERED on the motion of Alderman Schisler, seconded by Alderman Ker~io, that the report be received and adopted. Carried Unanimously. See By-law No. 81-108 No. 341 - City Manager - Re: Highway ~20 at Victoria Avenue. The report recommends that the Ministry of Transportation and Communications be advised that the City would fayour temporary means of securing the existing wall failure with full remedial work to be done subsequent to L~bour Day. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 342 - City Manager - Re: Peninsula Mators Account - Zamboni Repairs. The report provides information on the subject account and recommends payment in the amount of .$1,939.78 to Peninsula Motors. Alderman Puttick felt the cost of the repairs was quite high, and suggested that in future, the Municipal Works Committee ~e advised before such repairs were authorized. Mayor Thomson and the City Treasurer provided additional information regarding the extent of the repairs carried out on the Zamboni engine. The Director of Municipal Works advised that arenas are no longer under his jurisdiction, and he would not have been able to advise the Municipal Works Committee of the repairs necessary. Following further comment, it was moved by Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Aldermen Puttick and Schisler voting contrary, and all others voting in layout. No. 343 - City Manager - Re: Manicipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer, City Manager and City Clerk provided additional information on Cheques ~2093, #20~5~ and #2021 in response to a number of questions raised. ORDERED on the motion of Alderman Fete, scconded by Alderman Dllts, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary on,;Cheques #2032 and 2070~ Alderman Janvary abstaining on Cheques #1973 and 2017, and all others voting~in fayour. -8- No. 344 - City Manager - Re: Inter-City Truck Lines Base Station at Fire Station No. 1. The report recommends passage of a by-law to authorize an agreement with Inter-City Truck Lines to install a two-way radio base station with antenna at Station No. 1 at an annual rental fee of $1,000. The City Manager provided additional information in response to a number of questions raised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 81-103 No. 345 - ban Review Committee - Re: Applications for Assistance. The report recommends approval of five applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Dilts, seconded by Alderman Curmnings, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 38 - FERA - BAKER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 81-73 for the rezoning of lands on the southwest corner of Lundy's Lane and Garner Road, will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, once ~mendment No. 122 has been approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 39 - FERA - ORR - RESOLVED that the unit prices submitted by Steed & Evans Limited for the 1981 sidewalk repair contract, be accepted at the tendered price of $88,555.96; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 40 - CHEESMAN - SOMERVILLE - RESOLVED that the tender submitted by Earl Murchie for chemical weed control be accepted at the tendered ~rice of $20.00 per hour for under 150 gallon towed truck, $20.00 per hour for over 150 gallon towed truck and $7.00 for hand sprayer and labour; and further that the tender submitted by the Weed Man for iawn and weed spraying be accepted at the tendered price of $11,500 for double application on parks and double application on cul-de-saca; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 41 - FERA - CHEESMAN - RESOLVED that the tender submitted ~by J.P. Hamill and Son Limited for the supply of protective clothing, be accepted at the tendered prices of $17.18 per set of shirts and pants, and $15.99 for coverails; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 42 - DILTS - FERA - RESOLVED that the tender submitted by Triple-M-Demolition for the demolition of two buildings in the Ryerson Market Park development area, be accepted at the tendered price of $3,440.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 43 - MERRETT - CU~ff4INGS - RESOLVED that the Weed Inspector of the City of Niagara Falls be directed to cause noxious weeds or weed seeds on any subdivided portion of the Municipality and lots not exceeding ten acres, whether or not the lots are part of a plan of subdivision, to be destroyed in the manner prescribed in the regulations made under the Weed Control Act; AND the Seal of ~he Corpprat~on be hereto affixed. Carried Unanimously No. 44 - CHEESMAN - FERA - RESOLVED THAT WHEREAS the City of Niagara Falls, in its role as a major contributor to the operation of the Business and Industrial Growth A~ency Inc,, and the Niagara Falls Visitor and Convention Bureau and a member of the Chamber of Commerce ie desirous of assisting in the provision of enlarged centralized facilities for the aforementioned organizations; AND WHEREAS the provision of improved and centralized facilities will result in economic benefits to all three organizations; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls endorse the concept of providing improved offlce facilities for the aforementioned organizations in the downtown commercial core of the Municipality; -9- ; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Dilts voting contrary, and all others voting in favour. No. 45 - CUMMINGS - FERA - RESOLVED that a message of condolence be sent to the ';family of the late Mrs. Reg Quinn; AND the Seal of the Corporation be hereto affixed. Carried Unanimousll BY-LAWS ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-72 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (R. Distefano, No. 122) No. 81-73 A By-law to amend By-law No. 79-200 of the City of Niagara Falls and By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-19/80, R. Distefano) No. 81-97 - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. No. 81-98 - A By-law to authorize the execution of an agreement with Maple Leaf Village Investments Inc. and Biblical Wax Museum Limited. No. 81-99 A By-law to authorize an application for the closing of part of Belfast Avenue on Registered Plan No. 74 for the former Township of Stamford. No. 81-100 - A By-law to authorize an agreement with Julie L. St. Louis and Nelene Nein respecting the sale of part of Belfast Avenue. No. 81-101 - A By-law to authorize an agreement with Steed and Evans Limited for sidewalk repairs. No. 81-102 - A By-law to authorize the execution of an agreement with Larry MacNemara, carrying on business as Triple -M- Services for the demoliton of buildings. No. 81-103 - A By-law to authorize an agreement with Inter-City Truck Lines (Canada) Inc. No. 81-104 - No. 81-105 - A By-law to authorize a subdivision agreement with Joe Moreits Investments Limited and others respecting the proposed Moreits Estates Plan of SUbdivision. A By-law to authorize an agreement with Donald N. Chapman, Associates, Architects for architectural services in connection with the construc- tion of additions and alterations to the Niagara Falls Memorial Arena. No. 81-106 - A By-law to authorize an agreement with John Tries Construction Limited for the construction of additions and alterations to the Niagara Falls Memorial Arena. No. 81-107 - A By-law to authorize a license agreement with Patus Associates Limited. No. 81-108 - A By-law to amend By-law No. 3790 being a by-law for the regulation of traffic. (Kttchener Street) No. 81-109 A By-law to provide monies for general purposes. Carried with Alderman Janvary abstaining on Cheques #1973 and 2017 Of By-law 81-109, Alderman Puttick voting voting contrary on 8hequcs #2032 and 2070 of By-law 81-109, and ::all others votin8 in fayour. - 10 - ORDERED on the motion ofAlderman Fera, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 81-72 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 122, R. Distefano) No. 81-73 A By-law to amend By-law No. 79-200 of the City of Niagara Falls an~ By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-19/80, R. Distefano) No. 81-97 - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. No. 81-98 - A By-law to authorize the execution of an agreement with Maple Leaf Village Investments Inc. and Biblical Wax museam Limited. No. 81-99 A By-law to authorize an application for the closing of part of Belfast Avenue on Registered Plan No. 74 for the former Township of Stamford. No. 81-100 - A By-law to authorize an agreement with Julia L. St. Louis and Helena Hein respecting the sale of part of Belfast Avenue. No. 81-101 - A By-law to authorize an agreement with Steed and Evans Limited for sidewalk repairs. No. 81-102 - A By-law to authorize the execution of an agreement with Larry MacNamara, carrying on business as Triple -M- Services for the demolition of buildings. No. 81-103 - A By-law to authorize an agreement with Inter-City Truck Lines (Canada) Inc. No. 81-104 - A By-law to authorize a subdivision agreement wish Joe Moretie Investments Limited and others respecting the proposed Moretie Estates Plan of Subdivision. No. 81-105 - A By-law to authorize an agreement with Ibnald N. Chapman, Associat~ Architects, for architectural services in connection with the construction of additions and alterations to the Niagara Falls Memorial Arena. No. 81-106 - A By-law to authorize an agreement with John Tr£es Construction Limited for the construction of additions and alterations to the Niagara Falls Memorial Arena. No. 81-107 - A By-law to authorize a license agreement with Patus Associates L~i No. 81-108 - A By-law to amend By-law No. 3790 being a by-law for the regulation of traffic. (Kitchener Street) ~f-- '- No. 81-109 - A By-law to provide monies for general purposes. Carried with Alderman Janvary abstaining 0n Cheques #1973 and 201 of By-law-81-108, Alderman Puttick votb contrary on Cheques ~2032 and 2070 of By. 81-109, and all other voting in favour. NEW BUSINESS PROPERTY ACQUISITION ON QUEEN STREET The City Manager referred to previous discussions held regarding the purchase of property on Queen Street at River Road that would be used to create an entrance to the Downtown area, and advised that the City had received an agreement for purchase and sale for the property at 4184 Queen Street. - 11 - Alderman Puttick stated that Council had placed an amount of $200,000 in the operating budget on the understanding that further discussions would be held to determine what steps would be taken to improve the entrance to the Downtown prior to purchasing any property. The Alderman pointed out that these further discussions had not been held, and indicated that he was opposed to any property purchases at this time. Mr. G. Mallouk, Chairman of the Downtown Board of Management, explained that the properties had only recently come on the market, and the Board felt it would be to the City's advantage to at least tie up the property until a decision is made on what will be done with other properties in the area. In response to a question raised by Mayor Thomson, Mr. Mallouk indicated that the cost to the City was only $100 for sixty days. If the property is not held at this time and is sold to another purchaser, any plans for an entrance to the Downtown could be in jeopardy. In response to a question raised by Alderman Kerrio, the Deputy Solicitor advised that the City had received an offer to sell property, if the offer is accepted a binding agreement of purchase and sale is made. The City would then assume the existing mortgage on the property. It was further advised that the City is not bound to the agreement if it is unable to effect other agreements of purchase and sale for other properties required within sixty days, provided the vendor can continue to offer the property for sale. If another offer is obtained, the City must within seventy-two hours, decide whether it wishes to waive this condition and purchase the property. Fir. Mallouk provided additional information regarding the terms of the offer in response to a number of questions raised. Mr. Mellouk stressed the importance of acting on the offer immediately, pointing out that once the availability of the property is known, additional offers could be made. During the discussion on this matter, several members of Council expressed their displeasure in the way the matter had been handled due to the previous discussions held with respect to placing funds in the budget. While the necessity of purchasing the property was not disputed, it was the opinion of these members that this information should have been made known during the budget session held prior to the Council meeting. Mr. A. Henderson, also of the Downtown Board, appreciated the Council's concern, and indicated that the City was not bound to the agreement if another offer were received before the City was prepared to proceed with the project. Following further discussion, it was moved by Alderman Cheesman, seconded by Alderman Fern, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 81-110 - A By-law to authorize the acquisition of land for the widening of Queen Street and for park purposes. '/ Carried with Aldermen Puttick and Schisler : voting contrary, and all others voting in favour. It was then moved by Alderman Fera, seconded by Alderman Chessman, that the following be now read a second and third time: No. 81-110 - A By-law to authorize the acquisition of land for the widening of Queen Street and for park purposes. It was moved by Alderman Qh' '~ded by Alderman Fera, that the meeting adjourn. Carried Una, '. '. 'cSLuNaoM, city JL ~ Carried with Aldermen Puttick and Schisler voting contrary, and all others Voting in TWENTY-SECOND MEETING Council Chambers May 11, 1981 SPECIAL MEETING Council met on Monday, May 11, 1981 following a General Cormnittee session. All members of Council were present with the exception of Alderman Dilte. His Worship, Mayor Thomson presided as Chairman. RATIFICATION OF GENERAL COMMITTEE DECISIONS INDIAN DEFENCE LEAGUE OF AMERICA Report No. 346 - City Manager - The report provides information on the biennial parade conducted by the Indian Defence League of America which terminates at Oakes Park. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that Council waive the policy relating to carnivals, exhibitions and tournaments on City owned parks for the Indian Defence League of America for the current year only, and that representatives of the League meet with Parks Department staff to discuss ways in which volunteer help can be utilized to clean up Oakes Park at the conclusion of the event. The motion Carried with Alderman Kerrio voting contrary, and all others voting in favour. RIVER ROAD STUDY AREA Communication No. 139 - Social Planning Council of Niagara Falls - The communication requests endorsement by Council of the program proposed with respect to the study being conducted by the Social Planning Council on the River Road area. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman~ that the Social Planning Council be advised that Council wishes their program to proceed, that the information obtained in this program will be turned over to the City's consultant and co-ordinated with the study being carried out by this consultant. Carried Unanimously. SUMMER PREVIEW FEST Communication No. 140 - Downtown Board of Management - The communication requests permission to operate a beer tent in conjunction with the Summer Preview Feet to be held in Centennial Square on May 23, 1981. ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that the request be approved subject to established policy. Carried Unanimously. TOURIST INFORMATION CENTRE - HIGHWAY 420 AT STANLEY AVENUE Communication No. 141 - Regional Municipality of Niagara - The communication provides information on the concerns of the Region respecting access to the new tourist information centre~ and requests that the City consider widening Stemford Street to provide two easthound lanes to help reduce delay to traffic entering Stanley Avenue. ORDERED on the motion of Alderman Fete, seconded by Alderman Gheesman, that the communication be referred to the Municipal Works Committee along with the information on traffic counts from the Region. Carried Unanimously. NIAGARA DRYING SYSTEMS (BRIGHT' S CANNING COMPANY) Report No. 347 -'Mayor Thomson - The report recommends that representatives of the City be authorized to meet with the Ministry of the Environment, in order that immediate steps can be taken to: a) relocate the operation known as Niagara Drying Systems to a more acceptable location; or b) if relocation is not possible, to have the existing operation terminated. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman~ that the report be received and adopted. Carried Unanimously. CALAGUIRO ESTATES SUBDIVISION Report No. 348 - City Manseer - The report provides information with respect to the aSreement with the developer of the Calaguiro Estates Subdivision. \ ORDERED on the motion of Alderman Fete, seconded by Alderman Cheesman, that the report be received and filed. The motion Carried with Alderman Gumminga abstatainS on a conflict of interest, and all others rotinS in fayour. -2 - CONTRACT G.C. 7-81, SEWERMAINS, WATERMAINS AND BASE ROAD CONSTRUCTION IN CALAGUIRO ESTATES SUBDIVISION, PHASE I Report No. 349 - City Manager - The report recommends acceptance of the unit prices submitted by Provincial Construction (Niagara Falls) Limited, as recommended by Consulting Engineers DelCan DeLeuw Cather, Canada Limited, subject to the developer depositing a letter of credit with the City covering the cost of the works. ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that the report be received and adopted. Carried with Alderman Cummings abstaining on a conflict of interest, and all others voting in favour. See Resolution No. 4. See By-law No. 81-1[ QUEEN STREET CLOSING AT CONHAIL Report No. 350 - Municipal Works Committee - The report recommends passage of a by-law to authorize the temporary closing of Queen Street in order to permit improvements to be carried out at the Conrail Crossing. ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law No. 81-11! SITE PLAN APPROVAL - PROPOSED DINING LOUNGE, 3799 MONTROSE ROAD Report No. 351 - City Manager - The report recommends approval of the subject site plan, subject to certain conditions. ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law No. 81-113 REPAIRS REQUIRED - LANDFILL COMPACTOR Report No. 352 - Municipal Works Committee - The report recommends that staff be authorized to arrange for repairs to the transmission on t~'City owned 1973 Caterpillar 816 Landfill Compactor, with costs not to exceed $10,000. ORDERED on the motion of Alderman Fern, seconded by Alderman Chessmans that the report be received and adopted. Carried Unanimously. TENDERS MOWING OF PRIVATE LOTS' Report No. 353 - City Manager - The report provides information on prices submitt for the subject tender, and recommends acceptance of the tender submitted b Adrian Van Der Weyden for the mowing of private lots. I ORDERED on the motion of Alderman Ferns seconded by Alderman Cheesman~ that the report be received and adopted. Carried Unanimously. See Resolution No. 47 STATUS OF TAX ARREARS Report No. 354 - Finance Committee - The report provides information on the status of taxes as at April 10, 1981 on a comparative basis to the same period in 1980. ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. 1981 OPERATING BUDGET~ MILL RATES Report No. 355 - City Manager - The report recommends passage of by-laws to provide for the appropriations for the year 1981; fix the rates of taxation for 1981 and to provide for the levying of taxes; and to provide for the collection of taxes for the year 1981. ORDERED on the motion of Alderman Puttick, seconded by Alderman Ctumings, that the report be received and adopted. The motion Carried with Aldermen Chessman and Fern abstaining with respect to the educational levy, Aldermen Orr and 8chisler voting contrary, and all others voting in layout. See By-laws Nos. 81-11 81-116 end 81-117 REVIEW OF EXISTING WARD REPRESENTATION IN THE CITY OF NIAGARA FALLS Report No. 356 - Alderman Puttick - The report recommends that the present method of aldermanic representation in use in the City continue without change,I -3- on the understanding that the system will be again reviewed in five years. ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman Baker voting contrary, and all others voting in favour. CITY OF NIAGARA FALLS - PROVINCIAL MUNICIPAL COMMUNITY SERVICES CONTRIBUTION PROGRAM AGREEMENT Report No. 357 - Mayor Thomson - The report advises that the City has received an executed Provincial MUnicipal Community Services Contribution Program Agreement from the Province, providing for a Provincial contribution of $750,000 and a Federal contribution of $1,500,000 for neighbourhood improvements in the Maple Area. ORDERED on the motion Alderman Fern, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. RESOLUTIONS No. 46 - FERA -CHEESMAN - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited for sewermain, watermain and base road construction in the Calaguiro Estates Subdivision, Phase I, be accepted at the tendered price of $427,643.60; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 47 - FERA -CHEESMAN - RESOLVED that the following prices submitted by Adrian Van Der Weyden for mowing of weeds on private lots, be accepted: 1) 40 HP Tractor with sickle $13.00 (2-7'),~with motor $13.00 (2-9') 2) 50 HP Tractor with sickle $13.00 (1-7'), with motor $13.00 (1-9') 3) Minimum 55 HP Tractor with sickle $13.00 (1-8') 4) Scythe and Labour $6.00 ; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerris, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-111 - A By-law to authorize agreements with Calaguiro Bros. Limited respecting the proposed Calaguiro Estates Subdivision. No. 81-112 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of under- ground services in the Galagulfs Estates Plan of Subdivision, Phase I. No. 81-113 - A By-law to authorize agreements with Ursula Reese and Charles Richard Reese respecting a water service and sanitary sewer service and the relocation of an easement. No. 81-114 - A By-law to close a portion of Queen Street temporarily. No. 81-115 - A By-law to provide for the appropriations for the year 1981. No. 81-116 - A By-law to fix the rates of taxation for 1981 and to provide for the levying of taxes. No. 81-117 - A By-law to provide for the collection of taxes for the year 1981. No. 81-118A- A By-law to appoint a poundkeeper. Carried with Alderman Schisler voting contrary on By-laws 81-115, 81-116 and 81-117, and all others voting in layout. ORDERED on the motion of Alderman Fera, seconded by Alderman Somerville~ that the following by-laws be now ~ead a second and third time: No..81-1tl - A By-law to authorize agreements with Calaguiro Bros. Limited respecting the proposed CalaSuiro Estates Subdivision. -4 - No. 81-112 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of underground services in the Calaguiro Estates Plan of Subdivision, Phase I. No. 81-113 - A By-law to authorize agreements with Ursula Reese and Charles Richard Reese respecting a water service and sanitary sewer service and the relocation of an easement. No. 81-114 - A By-law to close a portion of Queen Street temporarily. No. 81-115 - A By-law to provide for the appropriations for the year 1981. No. 81-116 - A By-law to fix the rates of taxation for 1981 and to provide for the levying of taxes. No. 81-117 - A By-law to provide for the collection of taxes for the year 1981. No. 81-118A- A By-law to appoint a poundkeeper. NEW BUSINESS Carried with Aldermat Schisler voting 81-116 and - all others voting in~ favour. TAXPAYERS INFORMATIONAL LETTER - ATLANTIC CITY Alderman Cummings submitted a copy of an informational letter being distributed in Atlantic City to taxpayers requesting support of efforts to fight unfair tax increases as a result of casino gambling. PROGRESS REPORTS ---- Alderman Janvary suggested that Council be provided with a periodic update on the status of various projects throughout the City. CANADA DAY OBSERVANCE Alderman Janvary felt that the City should sponsor a Canada Week proclamation in observance of Canada Week. The proclamation could encourage citizens to fly the Canadian Flag. Alderman Janvary asked fdr suggestions that the Civic Month Committee could consider as part of the observance of Canada Week. Mayor Thomson suggested that the Civic Month Committee meet and prepare a list of possible activities and submit them to Council. Alderman Schisler outlined the difficulties the Committee had experienced in previous years in this regard, and pointed out that the schools are closed by that date and it is not possible to work with the Board of EduCation to arrange various activities. GRANTS TO ORGANIZATIONS Alderman err commented that many of the organizations in the City could be a little more self-sustaining and try to reduce their requests to the City for financial assistance. The Alderman pointed out that tax increases are a real burden to senior citizens and persons on fixed incomes. It was moved by Alderman Puttick, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimously. READ ANDADOPTED, J.L. COLLINSON, CITY CLERK ' TWENTY-THIRD MEETING CO~ITTEE OF THE WHOLE Committee Room #1 May 19, 1981 Council met on Tuesday, May 19, 1981 at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Schisler. Alderman Merrett presided as Chairman. Following consideration of the items presented, the Conunittee of the Whole arose without reporting. READ AND ADOPTED, D REGULAR MAYOR WAYNE THOMSON Council Chambers May 19, 1981 Council met on Tuesday, May 19, 1981 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.Merrett offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fern, seconded by Alderman Baker, that the minutes of the meeting held on April 27, 1981, be adopted as printed. Carried Unanimously. DEPUTATION MR. W. HUNTER - SALE OF JOHN N. ALLAN PARK Mr. W. Hunter was granted permission to address City Council on the motion of Alderman Cummings, seconded by Alderman Baker. Mr. Hunter submitted further petitions to Council signed by persons opposing the sale of John N. Allan Park to Marineland. Mr. Hunter advised that there were approximately eight hundred and fifty names on the petitions, with one hundred and sixteen signatures from persons at the Oneida plant. UNFINISHED BUSINESS INDEPENDENT STUDY OF EXECUTIVE, SUPERVISORY AND SECRETARIAL POSITIONS Report No. 358 - Finance Committee - The report recommends that a study in accordance with the previously approved Terms of Reference be undertaken by Thorne Stevenson & KelloBg at a firm price, including all expenses, of $7,700.00. In response to a question raised by Alderman Puttick, Mr. J. McLaugblin of Thorns Stevenson & Kellogg advised that in the study, his firm would review current job descriptions and determine what the Jobs are worth relatively. The performance of the individuals holding the position is not dealt with itselfs but the Job itself interms of its worth is considered using a system in existence for forty years. Mr. MoLaughlin advised that interviews are not an essential element in the process, since a committee will be formed including the Personnel Officer so that an evaluation of the positions from the current Job descriptions is as objective and complete as possible. Alderman Puttick referred to the recent departmental re-organization carried out, commenting that at that time Council was advised that no salary increases were betn~ suggested as part of the re-organization. Alderman Puttick felt that positions where further responsibilities were added as part of this re-orSanization~'should not be considered for salary increases for this reason. -2- Alderman Cummings asked if there would be recommendations both for salary increases and decreases where warranted. Mr. McLaughlin explained that his firm would not recommend salary decreases, but that the salary be held in check where a salary would stay in place for longer than one year. In response to a question raised by Alderman Kerrio, Mr. McLaughlin stated that the degree to which salaries are well-managed is in itself a very effective way to ensure the management process is well in hand. Alderman Merrett felt the study would provide Council with a comparison of salaries paid in other municipalities and in the private sector, and this would satisfy any doubts members may have when considering future salary increases. and do little to try and eliminate the acts of vandalism that are carried out everywhere. Mayor Thomson suggested that the various agencies outlined in the report should be contacted and asked to comment on the recommendations contained therein. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Kerrlo~ that the report be referred to the agencies outlined therein with a request for comments, and further that another meeting on the matter be held within a month once these comments are received. Carried Unanimously. RATIFICATION OF COMMITTEE OF THE WHOLE DECISION Alderman Cummings felt the fact there was not a great turn over of senior management staff was an indication that City staff were doing well enough salary wise. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cheesman, Dilts, Fern, Baker, Janvary, Merrett, Kerrio and Somerville. NAYE: Aldermen Cummings, Orr and Puttick. CANADIAN PARKS/RECREATION ASSOCIATION CONFERENCE Report No. 359 - Recreation Commission - The report recommends that one staff member, as previously approved, and two members of the Recreation Commission be authorized to attend the subject conference to be held in Calgary from August 9 - 13, 1981. Mayor Thomson stated that the report had been submitted as a result of an inquiry at a previous meeting, and this was the feeling of~e Commission that two members should be permitted to attend as opposed to the one member authorized by Council earlier. After a brief discussion, It was moved by Alderman Chessman, seconded by AIderman Fera~ that the report be received and adopted. The motion was Defeated-,with the following vote: AYE: Aidermen Chessman, Fern and Puttick. NAYE: Aldermen Cummings, Dilts~ Baker~ Janvary, Herrerr, Orr, Kerrio and Somerville. ~ It was then moved by Alderman Dilt8, seconded by Alderman Orr, that the report be received and filed and that Council re-affirm its previous decision that only one member each of staff, Council and the Commission be authorized to attend. The motion Carried with the following vote: AYE: AIdermen Cummings, Dilts, Baker~ Janvary~ Marrett~ 0rr, Kerrio and Somerville. ..-~- NAYE: Aldermen Chessman, Fera and Puttiek. Alderman Janvary asked if Council would consider permitting another person to attend if the total amount allocated in the budget for participation in the conference were not exceeded, Mayor Thomson suggeeted that Council would favourably consider such a request if it were forthcoming from the Cosmission. VANDALISM STUDY Communication No. 142 - Social Planning Council - The report on vandalism prepared by the Social Planning Council suggests that the recommendations be forwarded to the Board of Education, Recreation Cc~miesion, Niagara Regional Police, the News Hedia, the Insurance Bureau of Canada and the Ontario Association of Architects for comment. Mr? E. Parker, Chairman of the Social Planning Council's ad hoc Vandalism Study Committee provided additional information on the contents of the report. Alderman C%~nmings conmended the members of the ad hoc committee for the 8rest amount of time and work that had gone into preparing the study. The Alderman c~,..,ented that people in the careunity and throughout the country have bec~ne resigned to the fact that vandalism is here to stay /- It was moved by Alderman Puttick, seconded by Alderman Chessman, that Council accept the offer of Mr. N. Zitano for the purchase of the Bridge Street athletic grounds, in the amount of $91,000, subject to the City being permitted to continue using the grounds until the owner requires them for development. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Dilts, Fera, Merrett, Puttick and Somerville. NAYE: Aldermen Baker, Janvary, Orr and Kerrio. It was moved by Alderman Cummings, seconded by Alderman Baker, that the following items be moved forward for consideration at this time. Carried Unanimously. REPORTS No. 360 - Mayor Thomson - Re: Operation, Niagara Distribution Services. The report recommends that City staff be requested to meet with representatives of Niagara Distribution Services, in an attempt to remedy certain problems that have arisen as a result of the current operation. Mayor Thomson indicated that he had spent a great deal of time in trying to resolve the complaints raised by residents on First Avenue as a result of the lumber distribution operation now being operated. The Mayor reviewed the problems caused by large trucks using Bridge Street and First Avenue for access points to the loading facilities. Mrs. C. Madden of First Avenue outlined the problems she was experiencing as a result of the lumber distribution operation, which included noise~ dust and a hazard both to traffic and pedestrians as a result of the large trucks entering and leaving the operation. Following further comment, it was moved by' Alderman Puttick, seconded by Alderman Kerrio, that the Mayor ~nd staff be authorized to meet with Niagara Distribution Services and C.N.R., and report back to Council on the outcome of this meeting, with a follow-up report in the future indicating whether the problem has been resolved. Carried Unanimously. Alderman .Janvary Offered to serve on any committee set up to resolve '~he matter. NOTE: Alderman Puttick retired from the meeting. No. 361 - Mayor Thomson - Re: Sylvia Place Market. ~xe report recommends that the petition from persons operating out of the Sylvia Place Market requesting that the City permit the sale of imported produce at the Market be referred to the appropriate staff with a suggestion that they meet with representaries of the Sylvia Place Market to discuss the possibility of amending the current restrictions in order to permit the sale of certain imported produce at the Sylvia Place Market. Mr. D. Steele was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Orr. Mr. Steele stated that amendments to the by-law have been in the works for approximately five years, and the people operating out of the market are anxious to have certain changes made. These changes would permit the sale of certain imported produce as well as promotions which would be paid for by the farmers at the Market. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted~ and a further report submitted in two weeks. Carried Unanimously. · .... 4 -4- -5 - CO~4UNICATION No. 143 - Petition from Businesses on Clark Street - Re: Boulevards. The petition requests that the boulevards on Clark Street be paved instead of being sodded in conjunction with the reconstruction of this street. The Director of Municipal Works indicated that he had surveyed the members of Council on this matter earlier because the contractor working in the area was in a position to start work on the boulevards shortly. Subsequent to this survey, the contactor was not able to proceed with the asphalt work due to a breakdown in equipment. The Director of Municipal Works referred to a plan posted that indicated the properties where a grass boulevard was requested and those where asphalt was requested. While he felt that sod would provide a more aesthetic boulevard, the Director of Municipal Works felt the plan reflected a reasonable compromise to the requests of the businesses. Mayor Thomson pointed out that if the businesses were not willing to maintain the boulevards, there would be little point in sodding them if they were not going to be cut and weeded. Alderman Dilts indicated that he was opposed to the asphalt boulevards, and pointed out that if the businesses would not maintain sodded boulevards, they were not likely to repair the asphalt boulevard once it was damaged or began to deteriorate. These same businesses would then expect the City to repair damage caused by cars parking on the asphalt boulevards. Alderman Chessman felt that the sodded boulevards were more attractive, particularly when Clark Street was an entrance to one of the City's major tourist attactions. The Alderman suggested that it would be to the property owners' advantage to maintain the boulevards, especially motel operators. Alderman Chessman also noted that this option is not offered to persons in other areas of the City. Aiderman Merrett felt that paved boulevards would likely ~sult in cars parking on the paved portion, which would cause a maintenance problem in the future. The Alderman also noted that if business operators will not maintain the sodded boulevards, the appearance would detract from their business. Mr. L. Vescio, a business operator on Clark Street,'lndicated that the grass boulevards presented a maintenance problem to him, and that he had to purchase lawn mowers to have the grass cut. In response to a question raised by Alderman 0rr, Mr. Vescio advised that he did not intend to~aintain the boulevard if it were sodded. In response to a question raised by Alderman Baker, Mayor Thomson advised that on the west side of Clark Street there were only two residential properties with the balance being co~mercial, and three or four residential properties on the east side. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Cummings, that the boulevards be sodded on both sides of Clark Street and that an appeal be made to property owners in the area to maintain the boulevards. The motion Carried with Aldermen Baker and 0rr voting contrary, and all others voting in fayour. COmmUNICATIONS No. 144 - Regional Municipality of Niagara - Re: 1981 Regional Tax Levy. The communication advises that 50% of the Regional tax levy, less the interim levy paid is due and payable on or before August 13, 1981, with the remaining 50% due on or before October 15, 1981. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the communication be!received and filed. Carried Unanimously. No. 145 * Regional Municipality of Niagara - Re: Reduction in Taxi Stand Spaces on Bridge Street. The communication advises that the Regional Public Works & Utilities C~emittee has approved a decrease in length of the taxi stand on Bridge Street to permit three public parking spaces in front of ths CN passenger station. ORDERED on the motinn of Alderman Fara~ seconded by Alderman Merrett~ that the ca~nunicatien~be~receivad and f~lad. Carried Unanimously. No. 146 - Regional Municipality of Niagara - Re: Proposed Agreement for Transit Shelters. The communication advises that the Region is prepared to enter into an agreement with the City and Gould Outdoor Limited authorizing the placment of transit shelters on regional road allowances subject to the proposed agreement being amended to provide the Region with explicit powers of approval of shelter locations and such other normal provisions respecting the Region's rights and safeguards as may be considered necessary. The City Manager advised that the previous agreement prepared which provided for a four party agreement with the City, the Region, the Transit Commission and Gould Outdoor Limited, has been amended to delete the Region from the agreements and a separate agreement will be prepared to cover the concerns of the Region. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be received and filed, and the by-law given the necessary readings. Carried Unanimously. See By-law No. 81-125 No. 147 - Canada's Canine Guides for the Blind - Re: Property for Guide Dog Training School. The communication requests the assistance of the City in locating a suitable property for the purpose of establishing a guide dog training school. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the communication be referred to staff for the preparation of a report, and further that copies be sent to the Humane Society and Social Planning Council for comment. Carried Unanimously. No. 148 - Niagara Transit - Re: Delays at C.N.R. Crossings. The communication requests that the City contact the appropriate authorities at C.N.R. to obtain a better solution to the problem of delays at C.N.R. crossings. ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that C.N.R. be contacted and requested to improve the service provided in the event of crossing delays. Carried Unanimously. No. 149 - Institute of Edible Oil Foods - Re: Amendment to the Ontario Oleomargarine Act. The communication requests that the City support a request to the Province for an amendment to the Ontario Oleomargarine Act which would abolish the present colcuring restrictions on the manufacture and sale of margarine in the Province of Ontario. Alderman Cummings felt that the City could not become involved in such issues, and that the organization would be better advised to deal with the Province directly. Mayor Thomson felt the request was reasonable and might resolve the problem of some individuals using colcured products which are not suitable. Following further comment, it was moved by Alderman Cummings, seconded by Alderman 0rr, that the communication be rec~e~ved and filed. The motion 'Carried with the following vote: AYE: AIdermen Cummings, Bakers Merrett~ Kerris, Orr and Somerville. NAYE: Aldermen Chessman, Fern and Janvary. NOTE: Aiderman Dilts was absent when the vote was taken on this matter. No. 150 - Mr. & Mrs. G.P. Yes - Re: John N. Allan Park. The communication expresses opposition to any anticipated sale of John N. Allan Park. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Ofr~ that the communication be acknowledged and the comments referred to the public meeting to be held on this matter on June 8, 1981. Carried Unanimously. No. 151 - Greater Niagara Softball Association - Re: Special Occasion Permit. The communication requests that the City approve of a special occasion permit in conjunction with the lZth Annual Niagara Invitational Fastball Tournament at Ker Park from July 31 - August 3, 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilte, that the request be approved subject to established policy. Carried Unanimously. No. 152 - Greater Niagara Baseball Association - Re: Special Occasion Permit. The cormmunication requests that the City approve of a special occasion permit in conjunction with the Molson NHL SIs-Pitch Classic to be held at Sakes Park on June 26 - 28, 1981. ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that the request be approvad subject to established policy, Carried Unanimously. -6- No. 153 - Niagara District Chartered Accountants Association - Re: Chartered Accountants Day, June 15, 1981. The communication requests that Council proclaim June 15th, 1981 as Chartered Accountants Day in Niagara Falls. ORDERED on the motion of Alderman Fera, seconded by Alderman Cununings, that the request be approved subject to established policy. Carried Unanimously. No. 154 - Greater Niagara Senior Citizens Association - Re: Senior Citizens Week, June 21 - 27, 1981. The communication requests that the City proclaim the week of June 21 - 27, 1981, as Senior Citizens Week in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the request be approved subject to established policy. Carried Unanimously. NO. 155 - Mr. D.M. Williams - Re: Gus Munro Park. The communication requests that the City resolve the problem created by pet owners using Gus Munro Park as a place to relieve their pets. In response to a question raised by Alderman Merrett, Mayor Thomson advised that the City had investigated in the past the possibility of passing a "Stoop and Scoop" by-law, however the enforcement of such a by-law is practically impossible. The Mayor explained the difficulties involved in enforcement and laying a charge under the by-law, and pointed out that Mississauga which had initiated such a by-law some time ago, had never laid a charge under the by-law. Aldermen Cummings and Janvary suggested that it would be helpful to have information from the Recreation Commission and the Parks Department to determine the extent of this problem in City parks. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Fera, that the communication be referred to staff to review the previous material on this matter and also to determine the success of other municipalities in enforcing the by-law, and also that comment on the matter be obtained from the Niagara Regional Health Unit with respect to any possible health hazard. Carried Unanimously. No. 156 - Hastings County Flood Relief Fund - Re: Financial Assistance. The communication requests financial assistance as a result of flooding damage caused during severe flooding along the Moire and Skootamatta Rivers in Hastings County in February of this year. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera~ that the communication be referred to the Finance Committee. Carried Unanimously. REPORTS No. 362 - Recreation Commission - Re: 1980 Annual Report. The report provides information on the activities of the Commission for the year 1980. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and filed, and the Commission commended for its excellence. -Carried Unanimously. No. 363 - Recreation Commission - Re: Playground at Riverview Park. The report recommends that Council recognize the efforts of the Chippaws Kinsmen Club by sending a letter of support for their plans to develop Riverview Park for the surrounding residents. ORDERED on the motion of Aldermen Dllte, seconded by Alderman Fern, that the ~ report be received and adopted. Carried Unanimously. No. 364 - City Manager - Re: Release on Part Lot 16, Dorchester Garden~ Subdivision. The report recommends passage of a by-law authorizing a release on part of Lot 16 according to Plan M-26 from the provisions of a subdivision agreemet between the City and Dorchester Gardens Limited and Central Bargain House Limited. In response to a question raised by Alderman Orr, the Director of Municipal Works indicated that staff were finalizing the costing on the services for the subdivision. It was also pointed out that the subdivider had not refused to pay any outstandin8 amounts required for servicing, and that this particular release would permit a private individual to sell hie property. ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that the report be received end adopted. C4rried Unanimously. See By-law NO. 81-11~ NO. 365 - City M~nager - Jet Westw~o,d, Village Extension II Plan of Subdivision, - 7- Agreement with 477098 Ontario Inc. The report recommends passage of a by-law to authorize an agreement with 477098 Ontario Inc. respecting the Westwood Village Extension II Plan of Subdivision. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 81-123 No. 366 - City Manager - Re: Site Plan Approval for Proposed Commercial Parking Lot at Pyramid Place, Stanley Avenue at Buchanan Avenue. The report recommends passage of the subject site plan subject to certain conditions. Alderman Merrett suggested that reports recommending approval of site plans should have a small scale copy of the plan attached. While the plans are posted in the Chambers, the Alderman commented that members of Council do not always have an opportunity to peruse the plans prior to the meeting. In response to a further comment by the Alderman concerning the layout of a recent commercial establishment in the City, Mayor Thomson advised that the particular establishment the Alderman was referring to did not require a rezoning and the City had no control over the layout of the site. The Director of Municipal Works indicated that the City has now established certain site plan control areas to protect against future problems such as the one mentioned by Aiderman Merrett. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 367 - Municipal Works Committee - Re: Utilities Trench Restoration. The report recommends revisions to the City's existing policy for trench restoration to provide for certain increases. ORDERED on the motion of Alderman Dilts, seconded by Alderman Kerrio, that the report be.received and adopted. Carried Unanimously. No. 368 - Municipal Parking & Traffic Committee - Re: Parking Hours of Operation. The report recommends that the necessary by-law amendments be made to' provide for hours of operation of parking meters between Magdalen Street and the Rydro right-of-way immediately west of Stanley Avenue be reduced from 8:00 a.m. until 6:00 p.m. during the six winter months. ORDERED on the motion of Alderman Merrett, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. No. 369 - Municipal Parking & Traffic Committee - Re: Voluntary Payment Rate for Overtime Parking. The report recommends that the voluntary payment by-law be amended to provide for a $5.00 voluntary payment for overtime parking except in metered areas. Alderman Merrett advised that the amendment would apply only to overnight parking and similar other small offences. The Alderman advised that there had not been an increase in the fines for quite some time, and the increase would assist in the administration costs. Aiderman Fern indicated that he was opposed to the increase from $3.00 to $5.00, Land felt that the City should have considered increasing the fines by a smaller amount over a period of time rather than letting it go for so many years and nearly doubling the Mount. Mayor Thomson stated that he received numerous complaints regarding overnight parking, particularly in older built-up areas where adequate parking cannot always be provided. While the increase in fines would assist in payment of administrative costs~ the problem still is not resolved. Alderman Merrett commented that the Regional Police have been enforcing the overnight parking regulations more regularly and this had resulted in many complaints. The Alderman agreed that increasing the fine would not be solving the problem of lack of parking spaces, and suggested that the matter be referred back to the Municipal Parking & Traffic Canmitten for further discussions on overnight parking. Following further discussion, it was moved by Alderman Janvary, seconded by Alderman Somerville, that the report be referred back to the Municipal Parking & Traffic Committee for further consideration. Carried Unanimously. No. 370 - City Manager - Re: Ontario Traffic Conference Annual Convention. The report recommends that Alderman Herrerr as Chairman of the Municipal Parking & Traffic Committee be authorized to attend the subject conference to be held in St. Catharines from May 24 - 27, 1981. ORDERED on the motion of Alderman Fern, seconded by AIderman Chessmen, that the report be received and adopted. Carried Unanimously. . .... 8 -8- No. 371 - Municipal Parking & Traffic Committee - Re: Parking on North Street. The report recommends preparation of a by-law to prohibit parking on both sides of North Street within the confines of the Hydro right-of-way west of Stanley Avenue. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 372 - City Manager - Re: Stanley Avanue/McLeod Road Construction Scheduling. The report recommends that the Region be requested to provide for the installati~ of traffic control signals at the intersection of Portage Road with McLeod Road as relocated. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 3 73 - City Manager - Re: Parking on Epworth Circle. The report advises that adequate signing on Epworth Circle has been undertaken following complaints over parking tickets issued. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and filed. Carried Unanimously. No. 3 74 - Municipal Parking & Traffic Committee - Re: Intersection of O~tario Avenue and Morrison Street. The report recomends preparation of by-laws to prohibit parking on the east side of Ontario Avenue from Morrison Street 150 feet southerly; on the east side of Ontario Avenue from Morrison Street 50 feet northerly; and on the west side of Ontario Avenue from 50 feet south of Morrison Street to 50 feet north of Morrison Street. Mayor Thomson and Alderman Merrett provided additional information in response to a number of questions raised by Alderman Orr. Following further comment, it was moved by Alderman Murrett, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 375 - City Manager - Re: Contract R.C. 9-81, Finished Roads in the Westwood II Subdivision. The report recommends acceptance of the unit'~rices submitted by Stephens and Rankin Inc. for the subject contract. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that the report be:'recieved and adopted. Carried Unanimously. See Resolution No. 48 See By-law No. 81-122 No. 376 - City Manager - Re: Buildings & Inspections Department Report for April 1981. The report provides current news relative to permit statistics development proposals and other noteworthy data that has umdrged during the period covered by the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. No. 377 - Municipal Works Committee - Re: Skunk Control. The report recommends 1) the rate and groundhog control contract be expanded to provide a skunk control programme; 2) that all costs associated with skunk control service determined by the unit prices tendered by the successful contractor be borne by the local resident requesting the service; and 3) that a clause be inserted in the contract documents requiring that the successful contractor obtain necessary approval from the Ninister of Natural Resources to permit the contractor to eliminate rats, skunks and groundhogs from within the boundaries of the City for the 1981- 82 contract year. Mayor Thomson and Alderman Baker provided additional information in response to a number of questions regarding skunk control. ORDERED on the motion of Alderman Dilts, seconded by Alderman Kerrio, that the report belreceived and adopted. Carried Unanimously. No. 378 - City Manager - Re: Monicipal Accounts. The report recommends approval of the municipal accounts, The City Manager and Deputy Treasurer provided additional information on Cheques ~2183t ~2305 and ~2321 in response to questions raised by Aldermen Cummings and Orr. ORDERED on the motion of Alderman Fern, seconded by Alderman Marrio, that the report be received and adopted. Carried Unanimously. No. 379 - Loan Review Committee - Res Applications for Assistance. The report recommends approval of four applications for assistance received under the Ontario Hums Renewal Program. ~ n d d u y · . _,,,.~ -9- RESOLUTIONS No. 48 - CHEESMAN - KERRIO - RESOLVED that the unit prices submitted by Stephens and Rankin Inc. for the construction of finished roads in the Westwood II Subdivision, be accepted at the tendered price of $257,570.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-118 - A By-law to authorize a release. (Lot 16, Plan M-26) No. 81-119 - A By-law to authorize the execution of an agreement with Earl Marchie for chemical weed control. No. 81-120 - A By-law to authorize the execution of an agreement with Quasi Investments Ltd. carrying on business under the name of The Weed Man=for broad leaf weed control. No. 81-121 - A By-law to authorize the execution of an agreement with Adrian Vander Weyden for mowing weeds on private lots. No. 81-122 - A By-law to authorize an agreement with Stephens and Rankin Inc. for the construction of curbs and gutters, sidewalks and finished roads. No. 81-123 - A By-law to authorize an agreement with 477098 Ontario Inc. No. 81-124 - A By-law to provide monies for general purposes. No. 81-125 - A By-law to authorize an amending agreement respecting the installation of transit shelters on certain streets in the City of Niagara Falls. Carried Unantmousl~ ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that the following by-laws be now read a second and third time: No. 81-118 - A By-law to authorize a release. (Lot 16, Plan M-26) No. 81-119 - A By-law to authorize the execution of an agreement with Earl Marchie for chemical weed control. No. 81-120 - A By-law to authorize the executign of an agreement with Quasi Investments Ltd. carrying on business under the name of The Weed Man for broad leaf weed control. - A By-law to authorize the execution of an agreement with Adrian Vander Wayden for mowing weeds on private lots. No. 81-122 - A By-law to authorize an agreement with Stephens and Rankin Inc. for the construction of curbs and guttera~ sidewalks and finished roads. No. 81-123 - A By-law to authorize an agreement with 477098 Ontario Inc. No. 81-124 - A By-law to provide monies for general purposes. No. 81-125 - A By-law to authorize an amending agreement respecting the installation of transit shelters on certain streets in the City of Niagara Falls. NEW BUSINESS IMPROVEMENTS AT VALLEY WAY AND STANLEY AVENUE The Director of Municipal Works recommended that Council authorize an expenditure of $1,200 to provide for an asphalt overlay at the subject intersection and pavement markings as part of the temporary improvements to reduce traffic congestion. Carried Unanimously. - 10 - APPLICATION BY CONRAIL FOR THE REMOVAL OF TRAVELING REPRESENTATIVE AT NIAGARA FALLS PASSENGER STATION It was moved by Alderman Cummings, seconded by Alderman Chessman, that Council express its concern to Conrail regarding .the removal of the traveling representative at the Niagara Falls Passenger Station, and that further information be requested from Conrail on the effect of such action on the City. Carried Unanimously. SEASON TICKET PRIVILEGES Alderman Cummings stated that the normal practice involved with season tickets, is that ticket holders are automatically entitled to attend exhibition games prior to the season. Because of the construction at the Arena, exhibition games are to be held in another location, and the Alderman asked if this privilege will still be provided to the purchasers of season tickets. The City Manager indicated that he would look into the matter. The City Manager explained that there is some difficulty involved in extending this privilege to season ticket holders when exhibition games are played in another City's arena. FINANCE COMMITTEE Alderman Cheesman reminded members of Council that the next Finance Committee meeting would be held on May 20, 1981 at 4:00 p.m. SPLASH GUARDS ON WEIGHTMAN BRIDGE Alderman Dilts referred to a recent letter from the Region wherein it was indicated that the splash guards on the Weightman Bridge were in poor repair, and asking if it the splash guards were still required. The indication was given by the Region that it did not feel the cost of repairing or replacing the splash guards was a Regional responsibility, and that maintenance costs READ AND ADOPTED TWENTY-FOURTH MEETING Council Chambers May 25, 1981 SPECIAL MEETING Council met on Manday, May 25, 1981 at 7:30 p.m. prior to a General Committee session. All members of Council were present with the exception of Alderman Fera. His Worship, Mayor Thomson presided as Chairman. REPORT No. 380 - City Manager - Re: Quotations for the Purchase of New Equipment, 1981. The report reconmends acceptance of the low quotations submitted by Paul Foy Motors and Autoland Chrysler Ltd. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Puttick abstaining on a conflict of interest, and all others voting in fayour. RESOLUTION No. 49 - DILTS - CUMMINGS - RESOLVED that the quotations submitted for the supply of new equipment, be accepted as follows: 1) Paul Foy Motors - 1981 Sub-Compact Sedan $6,362.22 2) Paul Foy Motors - 1981 Sub-Compact Sedan $6,362.22 3) Autoland Chrysler Ltd. - 1981 ~-Ton Pick-Up $7,843.10 4) Autoland Chrysler Ltd. - 1981 ~-Ton Pick-Up $7,966.15 5) Autoland Chrysler Ltd. - 1981 ~-Ton Pick-Up $8,027.14 Carried with Alderman would be the City's responsibility. It was moved by Alderman_.Dilts, seconded Puttick abstaining on by Alderman Chessman, that the matter be referred to staff to prepare a report a conflict of interest, outlining the costs involved in maintaining the splash guards, and whether and all others voting responsibility for raaintenance of the splash guards was City or Regional. in fayour. Carried Unanimously. ONTARIO MUNIGIPAL FIRE PREVENTION OFFICERS ASSOCIATION It was moved by Alderman Chessman, seconded by Alderman Cummings, that It was moved by Alderman Marrett, seconded by Alderman Baker, that a the meeting adjourn to General Committee session. Carried Unanimously. letter of congratulation be sent to Mr. J. Simon, Director o~ the City's Fire Prevention Division, upon his election as President of the Association. meeting adjourn. Carried Unanimously. · .............. MAYOR WAYNE THOMSON .TWENTY-FIFTH MEETING Committee Room #1 June 1st, 1981 CO~R4ITTEE OF THE ~HOLE · Council met on Monday, June 1st, 1981 at 6:45 p.m. in Committee of the Whole. All members of Council were present. Alderman Orr presided as Chairman. Following consideration of Whole arose without reporting. READ AND ADOPTED the i~s~resented, the Co~ittee of the REGULAR MEETING MAYOR WAYNE-THOMSON Council Chambers June 1st, 1981 Council=met on Monday, June 1st, 1981 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 ORDERED on the motion of Alderman Fera, seconded by Alderman Kerrio, that the minutes of the meetings held on May 4th and llth, 1981, be adopted as printed. Carried Unanimously. DEPUTATION MR. W. HUNTER - SALE OF JOHN N. ALLAN PARK Mr. W. Hunter was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Baker. Mr. Hunter submitted further petitions signed by persons opposed to the proposed sale of John N. Allan Park to Marineland. Mr. Hunter stated that according to plans prepared, Marineland's expansion included not only John N. Allan Park, but the Norton Company lands. In this regard, Mr. Hunter i~icated that he had heard the Norton Company was not repairing or replacing equipment at the plant, which led him ~o believe the property was to be included in the Marineland expansion. Mr. Hunter expressed concern over the loss of jobs such a move would create in the City. Mayor Thomson stated that on no plans ever submitted to Council, had the Norton Company lands been included as part of the expansion of Marineland. NIAGARA FALLS BUSINESS & INDUSTRIAL GROWTH AGENCY INC. - PROPOSED NIAGARA DEVELOMENT CORPORATION It was moved by Alderman Chessman, seconded by Alderman Merrett, that the submission prepared by ~he NiaMara Falls Business & Industrial Growth Agency Inc. on the proposal of the ReSion to establish a Niagara'Development Corporation be endorsed and submitted to the Business & Development Sub-Committee of the Regional Municipality of Niagara. Carried Unanimously. UNFINISHED BUSINESS PROPERTIES ON QUEEN STREET & RIVER ROAD AREA Report No. 381 - City Manager - The report recommends: 1) That the City exercise the options to purchase the properties municipally known as 4165 Q~een Street, 4639 Cataract Avenue and 4667 River Road, with all costs therefor, includin~ related costs such as survey costs and land transfer tax to be paid ~rom the available sources referred to in the report; 2) That -2- the Legal Department prepare the necessary agreements and by-laws for the purchase of these properties; and 3) That the City retain the firm of Donald N. Chapman & Associates for the preparation of preliminary plans and perspectives for the proposed Queen Street - River Road access to the downtown with all costs therefor to be paid from the available sources referred to in this.report. Mr. W. Murray of the Chapman firm, presented to Council preliminary plans to improve the entrance to the Downtown from River Road. The improvements would be staged and would provide for a more attractive entrance, making the downtown more accessible as well as providing better vehicular access. In response to a question raised by Alderman Baker, Mr. G. Mallouk of the Downtown Board indicated that Mr. Golia had stipulated in the offer that no buildings be constructed on the property so that there would be nothing obstructing the view of his motel in the future. Alderman Merrett asked if the Downtown Board would be participating in the cost of improving the entrance th the downtown. Mr. Mallouk stated that the City Solicitor had advised that the Downtown Board could not own property or owe money past its one year term. The possibility of borrowing money from the Ministry of Housing to assist in landscaping costs was investigated, however the Board was not considered eligible for such a loan by the Ministry. The City Solicitor confirmed that the Downtown Board had no authority to acquire property. With respect to the offers to the City, the City Solicitor pointed out that both offers were subject to a number of conditions. In the case of the Colis property, the offer was conditional upon the City agreeing to not erect any buildings on the land; continuance of the existing 2~' driveway through the centre of the property to provide access to the Colia's motel; the Colias.would also be reserving the right to erect a sign on the property which the City would be purchasing, saying entrance or exit to the motel; and a provision dealing with an exchange of a 10' driveway, the net effect of which would be that the City would be buying all of.J;he land shown hatched on the plan, subject to the reservation of the driveway through the middle. The second offer from the Venetian Glass property provides that the City may proceed with the widen though.the closing date for the transaction is in October. Alderman Kerrio questioned the value of the Colia property in view of the fact it would be cut in half by the driveway easement. Mr. Mallouk felt that since the City had no plans to build, only to landscape on the land, he did not see that the property was worth less. ~ In response to a question raised by Alderman Schisler, Mayor Thomson stated that the project would likely be phased over several years, however there would be no further monies expended this year on property acquisition in the area. Alderman Orr asked if the City would anticipate problems in any attempts to close Cataract Avenue. The City Solicitor explained that there could be problems associated with any road dosing if abuttinS property owners were concerned about access to their lands. Mayor Thomson stated that there had been opposition to the closing of half of Cataract Avenue when the City had built the gazebo at the bottom of Queen Street, and he did not anticipate that the City would be closing Cataract Avenue in the future. Mr. Mallouk also indicated that Mr. Colia did not think there would be any objection by himself to such a move. With regard to statements made in previous studies that an improved entrance should be provided at River Read, Alderman Puttick pointed out that these comments had been made prior to Niagara Square, Maple Leaf Village and other conxnercial areas in the City beinS developed. The Alderman felt the City was spending money on a project that would not work, since visibility of Queen Street from River Road was not possible due to the level of the railway tracks. Alderman Puttick also pointed out that left hand turns off River Road onto Queen Street would only increase traffic congestion in the area. With respect to the question of co~mission on the sale and the fact that Mr. Mallouk had stated that he would be prepared to donate his share of the commission on the purchase of another property if COuncil so wished, Alderman Puttick indicated it was his understanding Nr. Ballouk was acting on s voluntsry heels. The Alderman stated that there were many other problems affecting the downtown, and the proposal would not help. ~,,. -3 - Mayor Thomson pointed out that Council was not being asked to endorse any particular plan, only to permit the property acquisition that would make improvements at the entrance to Queen Street possible. Alderman Merrett stated that this project had been discussed for many years. The City had been told by experts numerous times that attracting the heavy tourist traffic on River Road into the downtown would improve business in the downtown. The Alderman also commented that summer months are slow in the downtown because so many residents are on vacation. Directing tourist traffic onto Queen Street will increase the cash flow for the downtown businesses so that these monies can then be used to improve and expand existing facilities. Alderman Fera indicated that he favoured the project if the intent was to attract more tourist traffic into the downtown. The Alderman suggested that parking meters are a disadvantage in the downtown, discouraging people from staying in the area if they have to park. Alderman Cheesman stated that if business improved in the downtown as a result of the entrance improvements, the City would be assured that the businesses in the downtown would be able to continue contributing towards a major part of the City's economy. The Alderman also pointed out that major stores would not be interested in locating in the downtown as it exists now, and that improvements have to be made in order to attract such investments. With respect to Mr. Malloukls commission on a previous property transaction, Alderman Cheesman stated that there was only one fee involved in all of the property transactions, and that was through no decision of Mr. Mallouk. Alderman Cummings felt that Council had to remember the investment it was making in the downtown when other commercial areas approached the City for assistance. Mayor Thomson pointed out the improvements being carried out on Main Street, and the advantage Main Street businesses have with a large free parking lot behind all of their stores. The Planning Director pointed out that the downtown has been recognized in the Official Plan and in urban renewal studies in the past, as a major commercial area in the City, requiring the support of the City. The Planning Director also commented that Niagara Falls has something that many other municipalities are not fortunate in having, and that is tourism at the doorstep of the downtown. It was also pointed out that the Province would not assist in any revitalization scheme unless the City had a viable project which has not yet been provided. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others voting in favour. MARKET BY-LAW Report No. 382 - City Manager - The report advises that a new market by-law has beenprepared and is in the legal department for final perusal. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. PAYMENT OF PROPERTY TAXES Communication No. 157 - Hrs. L. Savage - The communication requests a response to earlier concerns expressed regarding the Ctty's system of payment of property taxes · AND Report No. 383 - City Hanager - The report provides information in response to a number of concerns raised by Mrs. Savage previously concerning,the City's system of payment of property taxes. Mrs. Savage indicated that she was satisfied with the explanations provided in the report. Mayor Thomson provided additional information on the matter. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the report be received and filed. Carried Unanimously. It was moved by Alderman Nerrett, seconded by Alderman 0rr, that the following matters be brought forward for consideration at this time. Carried Unanimously. -4- REPORTS No. 384 - City Manager - Re: Request by Mr. A. Zafeeris (Tony's Place) 5467 Victoria Avenue for amendment to Zoning By-law 79-200. The report reconunends that Council consider Mr. Zafeeris' request to install a railroad caboose on the front lawn of his house on the northwest corner of Victoria Avenue and Kitchaser Street, across the street from his business, Tony's Place. Mayor Thomson advised that Mr. Zafeeris had contacted the City several years previously asking if the placement of the caboose on his property would be permitted under the zoning by-law. At that time, such a use was permitted and Mr. Zafeeris proceeded to order the caboose. The Mayor indicated that such an order takes a umber of years to be filleds and subsequent to the original request, By-law 79-200 was passed, prohibiting such a use. Mr. Zafeeris indicated that the caboose would be used strictly for display purposes, not a conunercial operation. In response to a question raised, Mr. Zafeerts indicated that he would carefully maintain the property at a high level. Alderman Baker asked why this particular use had been prohibited in By-law 79-200. The Planning Director indicated that the intent had been to prohibit the use which Mr. Zafeeris was requestlags however due to the earlier inquiry made to the City, the request was referred to Council. Following further comment, it was moved by Alderman Puttick, seconded by AIderman Marfelt, that the request be approved, and that the appropriate by-law amendment be prepared. Carried Unanimously. No. 385 - Planning & Development Committee - Re: AM-18/80, B. & D. Sinclair, Bruce Avenue. The report recommends that Council approve the application on the provision that the density is reduced to not more than 20_.~.p.a. and that adequate buffering and landscaping is provided through site plan control. ORDERED on the motion of Alderman Puttick, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. See Resolution No. 50 See By-laws 81-126, 81-127 and 81-128 COMMUNICATIONS No. 158 - Provincial Secretary for Social Development - Re: Joint Planning Staff and Social Planning Council Report on Group Homes. The communication provides comments in response to the concerns raised in the Joint report prepared by the Planning Department and Social Planning Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be referred to the Planning Director for consultation with the Social Planning Council at its next meeting. Carried Unanimously. No. 159 - Downtown Board of Management - Re: Special Occasion Permit. June 20th, July 25th and August 8th, 1981 in Centennial Square. AND No. 160 - Niagara Ladies Fastball League - Re: Special Occasion Permit. August 7 - 9, 1981 at Ker Park. AND No. 161 - Serbian National Shield Society of Canada - Re: Special Occasion Permit. June 28th at the Serbian Picnic Grounds, 6085 Moatrose Road. AND No. 162 - Regional SIs-Pitch League - Re: Special Occasion Permit. June 12 - 14, 1981 at Palmar Park. AND Permit · J 1 ORDERM9 on the motion of Alderm~n Schisler, seconded by Alderman Chessman, . that the requests be approved subject to established policy, Carrie,,___~d tbanimouely. No. 164 - Chamber of C~mmerce - Re: Small Business Information Week. The ceemunication requests that the week of October 26 - 30, 1981s be proclaimed as ~nall Business Information Woe~ in Niagara Falls. ORDZREDon the motion of Alderman '~arretts seconded by Alderman Bakers that the request be epproved subject to policy, Carried Unanimously. -5- No. 165 - Mr. B. Sinclair - Re: Rick Redekop Ltd. Mount Forest II Subdivision. The communication requests that the developer be permitted to obtain building permits for the lots on each side of the extremities of the subdivision on Woodgate Street which are serviced at the present time. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 166 - Maple Leaf Village - Re: Parking at Niagara Falls Memorial Arena. WITHDRAWN. No. 167 - Petition from Residents of Stamford Court - Re: Traffic on Portage Road. The petition requests that the City take certain action to assist the pedestrians from the Stamford Court senior citizen complex when crossing the road in this area. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that the petition be referred to the Municipal Parking & Traffic Committee and the Niagara Regional Police for study. Carried Unanimously. No. 168 - Ontario Hydra - Re: Dredging of Queenston Chippawa Canal. The communication advises that dredging will start in the Queenston Chippawa Canal on August 10, 1981 between the control gate at McLeod Road to the cross over junction with the No. 2 canal near the Sir Adam Beck Generating Station. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. No. 169 - City of Kingston - Re: Sir John A. MacDonald National Holiday. The communication requests endorsement of a resolution requesting that a national holiday be established to commemorate Sir John A. Macdonald, Canada's first Prime Minister. ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that the resolution be endorsed. Carried Unanimously. No. 170 - Regional Municipality of Niagara - Re: Water and Sewage Flows for April. The communication provides information on the water and sewage flows by municipality for the month of April 1981. ORDERED on the motion of Alderman Kerris, seconded by Alderman Somerville, that the communication be received and filed. Carried Unanimously. No. 171 ~ Provincial Secretary for Social Development - Re: Funding for Youth Employment Counselling Programs. The requests that City endorse applicants for funding under the Funding for Youth Employment Counselling Program. ORDERED On the motion of Alderman Cummings, seconded by Alderman Baker, that the City comply with the request of the Province. Carried Unanimously. No. 172 - Ministry of Culture and Recreation - Re: Minister's Conference on Recreation. The communication advises of the conference ageads established for the Minister's Conference on Recreation f~ be held in Toronto from October 5 - 7, 1981. The Director of Recreation advised that he had been asked to attend the conference on behalf of a committee of the Association of Municipalities of Ontario. The Director suggested that Council permit the attendance of a member of Council and one citizen member of th~ Commission at the Conference. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that one member of staff and one member of Council be permitted to attend the Conference. The motion Carrie_____/dwith Alderman Cummings voting contrary~ and aI1 others voting in fayour. No. 173 - Y.W.C.A. - Re: Y.W.C.A. Membership Drive Week. The communication requests that the week of June 8 - 13, 1981 be proclaimed as Y.W*C.A. Membership Drive Week in NiaSara Falls. ORDERED on the motion of Alderman Fern, seconded by Alderman Somerville, that the request be approved subject to established policy. Carried Unanimously. Me. 174 - Institute of Chartered Accountants of Ontario - Re: 1981 Annual Conference. The communication requests that the City consider 8ranting a per capita allowance to the Institute of Chartered Accountants of Ontario in conjunction with the annu~l conference to be held in the City. In response to a question raised by Alderman Baker, Nayor Thomson explained that some municipalities contribute towards a reception held durin~ a conference according to the number of persons attendinS. Because of the .....6 -6 - number of conferences attracted to Niagara Falls each year, Hayor Thomson indicated that the cost to the Municipality would be prohibitive. ORDERED on the motion of Alderman Puttick, seconded by Alderman Dilt8, that the request be denied, and a letter of explanation provided to the Institute of Chartered Accountant8 of Ontario. Carried Unanimously. REPORTS No. 386 - Recreation Commission - Re: Revision of Existing Funding Policies and Procedures Guideline Section 1000.0 Report 263. The report recommends that the following paragraph be added to the subject policy: "In order to receive a grant from the City of Niagara Falls through the Recreation Commission, the sports group must be actively involved with the Sports Advisory Committee. Actively involved is defined as: a) being represented at 50% of all general Sports Advisory Committee meetings per year; and b) Supplying annually to the Sports Advisory Committee names of the organizations' Sports Advisory Committee representatives." The Director of Recreation provided additional information in response to a number of questions raised. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 387 - Recreation Commission - Re: Revisions to the "Rules and Regulations for the Use of City Parks and Athletic Fields Report 699, ~10 #18. The report recommends that the subject policy be amended to read: #10: All groups charging an admission must submit their complete financial statement at the completion of the season or special event to the Recreation Commission. These financial statements shall include all details of the event including the sale of food and beverages on City-owned parks; and #18: Precedence will be given to Ontario and National Play-off games which must be arranged through the Recreation Commission within 24 hours of the day of an event. Hayor Thomson advised that he had been approached by a ~rbtan soccer team, complaining that they were being discriminated against in respect to charges for use of soccer fields. The Director of Recreation advised that there are two teams affected by a proposed change in rates, and efforts were made on two separate occasions to meet with officials of the Serbian team. On both occasion8 the ~erbian representatives were not in attendance, and to date, no decision had been made. In response to a further question raised, the Director of Recreation indicated that the Serbian team did not involve all local players, and would not submit the budget information required by the Commission. ~ ORDERED on the motion of Alderman Merrett~ seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 388 - City Manager - Re: Lot 33, Plan N.S. 28, 3011 Olden Avenue. The report recommends passage of a by-law authorizing a release on Lot 33, Plan N.S. 28 from the provisions of a subdivision agreement between the City and River Realty Development Limited and Group 2 Development Limited. . _ In response to a question raised by Alderman Puttick, the City Solicitor advised that in this particular case, the City is involved in a lawsuit with the two developers in an argument over final costins of the 8ubdivi8ion which has not yet come to trial. The owners of Lot 33 wish to sell their house, and since the City will eventually receive what the Court determines it is financially entitled, it was felt the individual property owners should not be prevented from selling property. Hayor Thomson also indicated that ~imilar situations were occurring throughout Ontario, and that such problems were not strictly in this particular subdivision. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the'report be received and adopted. Carried Unanimously. See By-law No. 81-13~ No. 389 - City Manager - Re: West Neadow Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Hensins be advised that the City is prepared to approve a one year extension of draft plan approval of the subject subdivision to Nay 20, 1982. ORDERED on the motion of Alderman Dills, seconded by Alderman err, that the report be received and adopted. Carried UnanimousIy. 14o. 390 o City Nanager - Re: Garden Plots - Ontario Hydro Lands. The report recommends that Council approve of the City enterin8 into a license agreement with Ontario Hydro for a term o~tve years co~nencin~ June 19, 1981 at an . annual fee of $1.00 to use 6;24 merle within,Part Township Lot 109 in the .....7 - 7- City of Niagara Falls formerly in the Township of Stamford for garden plot purposes only; and that Council pass the by-law authorizing the said License Agremeent with Ontario Hydro. ORDERED on the motion of Alderman Fern, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law 81-131 No. 391 - Municipal Works Committee - Re: Glenview Neighbourhood Improvement Area. The report recommends: 1) that the Special Purpose Reserve Fund for "Sidewalk - Frontages" in the amount of $20,696.20 be used to finance the City's share of required sidewalk construction in the Glenview Neighbourhood Improvement area; 2) that consideration be given in the 1982 current budget for the construction of "frontage sidewalks" anticipated in the Special Purpose Reserve Fund allocation; and 3 ) That the unit prices bid by Steed & Evans for the sidewalk repair programme be extended to cover the sidewalk repairs necessary in the Glenview Neighbourhood Improvement Area. ORDERED on the motion of Alderman Dills, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 392 - Municipal Works Committee - Re: Front Street Pumping Station. The report reccommends that the Municipality.provide a suitable easement plan for a forcemain crossing the Welland River from the Front Street Pumping Station of the Regional Municipality of Niagara and that the Region be requested to assume the forcemain. The Director of Municipal Works provided additional information in reponse to a question raised by Alderman Baker. ORDERED on the motion of Alderman Dills, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 393 - City Manager - Re: Rodent and Vermin Control 1981-82. The report recommends that the tender submitted by Abell Waco Limited for rodent and vermin control in the City for one year, commencing on July 1, 1981, be accepted. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be-received and adopted. Carried Unanimously. See Resolution No. 51 No. 394 - City Manager - Re: Guntract G.C. 10-81, Sewermains, Watermains and Base Road Construction in Mutetie Estates Subdivision, Stage I. The report recommends acceptance of the unit prices submitted by Demote Bros. Limited for the subject contract. ORDERED on the motion of Alderman Fern, seconded by Alderman Dills, that the report be received and adopted. Carried with Alderman Kerrio abstaining on a conflict of interest, and all others voting in fayour. See Resolution No. 52 See By-law No. 81-132 No. 395 - City Manager - Re: Sunnylea, Kenmope et al and Resubdivision of Lands in the former Village of Chippaws, Part of Plan 260 & 265. The report recommends passageof a by-law authorizing an agreement with Sunnylea Construction Limited respecting the payment of certain engineering fees for the subject subdivision; and passage of a by-law to authorize an agreement with Anderson Associates Limited for engineering services for the subject subdivision. ORDERED on the motion of Alderman Ferns seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. See By-laws Nee. 81-133 and 81-134 No. 396 - City Manager - Re: 1981 Joint Annual Conference of the A.W.W.A. and O.M.W.A. The report provides information on the proceedings of the subject conference held in London, Ontario. The Director of Municipal Works provided additional information regarding use of computers in various municipal works operations~ in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Dilts~ seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 397 - City Nanager - Rei Nunicipal Accounts. The report recommends payment of the municipal accounts. ~ The City Nanager and City Treasurer provided additional information on Cheque8 f2398, 2427, 2431, 2437, 2452, 2455, 2486, 2493, 2532, 2562 and 2644 in response to questions raised by Aldermen Cummings, Baker, Merrett, Grr, Puttick and Schisler. -8 - ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Aiderman Cummings abstaining on Cheque ~2643, and AIderman Janvary abstaining on Cheques relating to Delta Dental Plan payments, and all others voting in favour. No. 398 - City Manager - Re: Site Plan Approval of Proposed Gas Bar at 6873 McLeod, Corner of NcLeod Road and Dorchester Road. The report recommends approval of the subject site plan subject to a umber of conditions. Iu response to a question raised by Alderman Janvary, the Director of Municipal Works advised that the cost of providing small scale copies of the site plans was being investigated. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman~ that the report be received and adopted. Carried Unanimously. No. 399 - City Manager - Re: Amendment to By-law for Licensing and Regulating the Keeping of Dogs. The report reconnneuds passage of a by-law implementing changes to the rate structure of the subject by-law. AND No. 400 - City Manager - Re: Supplementary Report on Amendment to By-law for Licensing and Regulating the Keeping of Dogs. The report recommends that the attached sheet be substituted for a sheet iu the amending by-law to provide for a charge of 75¢ per tag for each tag over 5 in number issued to the operator of a kennel of pure-bred dogs. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the reports be received and adopted. Carried Unanimously. See By-law No. 81-13~ No. 401 - City Manager - Re: Summer Schedule of Council Meetings. The report recommends adoption of the following summer schedule of City Council meetings: June 1st - Regular Meeting, June 8th - General Committee, June 15th and all following Regular Meetings on June 29th, July 13th, July 27th, August 10th, August 31st, September 8th and resuming on September 14th with a General Committee session. "- ORDERED on the motion of AIderman Cu~ings, seconded by Alderman Fare, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 50 - PUTTICK - ORR - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 81-126 for the rezoning of lands on Bruce Avenue, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planuin8 Area, as amended and approved by th~ Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 51 - FERA - DILTS - RESOLVED that the tender submitted by Abell Waco Limited for rodent and vermin control in the City, be accepted at the total price of $2,430.001 AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 52 - FERA - DILTS - RESOLVED that the unit prices submitted by Damore Bros. Limited for sewermain~ watermain and base road construction in Moretie Estates Subdivision Stage I, be accepted at the tendered price of $4158585,94; AND the Seal of the Corporation be hereto affixed. Carried 'Unanimously BY-LAWS ORDERED on the motion of Alderman Marrett, seconded by Alderman Cheesman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time| No. 81-126 - A By-law to amend By-laws 79-200 of the City of Niagara Falls and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended, (AM-18/80, B. & D, Sinclair) No, 81-127 - A By.law to designate an area of land in the City of Niagara Falls as a site plan control areS. No. 81-128 - A By-law to authorize an agreement with Brian Sinclair and Donald Sinclair for the c~truction of services. -9- No. 81-129 - A By-law to authorize the sale of land to Nick Zitano, In Trust. No. 81-130 - A By-law to authorize a release. (Lot 33, N.S. 28) No. 81-131 - A By-law to authorize a license agreement with Ontario Hydro. No. 81-132 - A By-law to authorize the execution of an agreement with Damore Bros. Limited for the construction of underground services in Moretta Estates Plan of Subdivision, Phase I. No. 81-133 - A By-law to authorize an agreement with Sunnylea Construction Limited and others respecting payment for engineering services. No. 81-134 - A By-law to authorize an agreement with Anderson Associates Limited for engineering services for a subdivision in the former Village of Chippaws. No. 81-135 - A By-law to amend By-law No. 3790 being a by-law for the regulation of traffic. (Ontario Avenue and North Street) No. 81-136 - A By-law to amend By-law No. 75-253 as amended, respecting the licensing and regulating and keeping of dogs. No. 81-137 - A By-law to provide monies for general purposes. No. 81-138 - A By-law to authorize the acquisition of lands for widening of Queen Street and for park purposes. (Cicogna) No. 81-139 - A By-law to authorize the acquisition of land for widening of Queen Street and for park purposes. (Colia) Carried with Aldermen Cununings~and Janvary abstaining on By-law 81-137, Alderman Kerrio abstaining on By-law 81-132, Alderman Baker voting contrary on By-law 81-139 and Ald- erman Puttick voting contrary on By-laws 81-138 and 81-139. 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. 81-126 - A By-law to amend By-laws 79-200 of the City of Niagara Falls and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-I_~/80,-B. & D. Sinclair) No. 81-127 - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. No. 81-128 - A By-law to authorize an agreement with Brian Sinclair and Donald Sinclair for the construction of services. No. 81-129 ~ A By-law to authorize the sale of land to Nick Zitano, In Trust. No. 81-130 - A By-law to authorize a release. (Lot 33, N.S. 28) No. 81-131 - A By-law to authorize a license agreement with Ontario Hydro. No. 81-132 - A By-law to authorize the execution of an agreement.with Damore Bros. Limited for the construction of underSrouud services in Noteits Estates Plan of Subdivision~ Phase 'I, No. 81-133 - A By-law to authorize an agreement with Sunnylea Construction Limited and others respecting payment for engineertn~ services, No. 81-134 - A By-law to authorize an agreement with Anderson Associates Limited ~or engineerIn8 services for a subdivision in the former Viiiago of Chippaws, No. 81-135 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Ontario Avenue and North Street) - 10 - No. 81-136 - A By-law to amend By-law No. 75-253 as amended, respecting the licensing and regulating and keeping of dogs. No. 81-137 - A By-law to provide monies for general purposes. No. 81-138 - A By-law to authorize the acquisition of land for widening of Queen Street and for park purposes. (Cicogna) No. 81-139 - A By-law to authorize the acquisition of land Queen Street and for park purposes. (Golia) for widening of Carried with Aldermel Cummings and Janvary abstaining on By-law 81-137, Alderman Ker~ abstaining on By-law 81-132, Alderman Bake~ voting contrary on By-law 81-139, and Ai armart Puttick voting contrary on By-laws ~ 138 and 81-139. NEW BUSINESS COMPLAINTS - BRIDGE STREET AREA Alderman Merrett advised that with the increase in traffic on Bridge Street, he had been receiving complaints from residents concerning prostitution in this area of the City. Mayor Thomson advised that he has been working with the Regional Police to resolve this problem. WEED CUTTING In response to a question raised by Alderman Schisler~_Mayor Thomson advised that the City did not have a firm by the name of K & J Salvage cutting weeds in the City. HUMANE SOCIETY PRESENTATION. Alderman Baker advised that representatives of the Humane Society wished to show a film presentation to Council at an upcoming meeting, Mayor Thomson requested the Deputy Clerk to arrange for the film to be shown at a future Council meeting. t CARROLL AVENUE Alderman Cummings advised that he was receiving complaints from residents of Carroll Avenue regarding the parking of large trucks on the boulevards. The Alderman suggested that curbing could alleviate some of the problems, by making ~t difficult for large trucks to park on the boulevards. - Mayor Thomson advised that he had also received these complaints, and a report was now being prepared regarding the possibility of having curbs installs along Carroll Avenue. The Mayor further indicated that the only other solution to the problem is to have the Commissionaires enforce the parking re~ulations in this area very closely. It was moved by Alderman Cummings, seconded by Alderman Herre't, that a report be submitted at the next Council meeting regarding the possibility of installing curbs on Carroll Avenue this year. Carried Unanimously. DUST FROM CYANAMID Alderman Orr advised that she had received complaints from persons using Palmet Park on the weekend, reSarding heavy dust coming from the smoke stacks at the Cyanamid plant. Nayor Themson advised that Cyanamid was opening up a ~urnace and the M,O,E, has been involved in this problem, It was moved by Alderman Orr, seconded by Alderman Ctumnings, that the Cyanamid be made aware of the complaints the City has received with respect to soot and dust from the start up of their new furnace, Carried Unanimously. - 11 - It was moved by Alderman Cummings, seconded by Alderman Fera, that the meeting adjourn. Carried Unanimously. READ AND ADOPTE~p~ MAYOR WAYNE THOMSON TWENTY-SIXTH MEETING Council Chambers June 8, 1981 SPECIAL MEETING Council met on Monday, June 8, 1981 at 7:30 p.m. prior to a General Committee session. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. REPORT No. 402 - Municipal Works Committee - Re: Contract S. T. 11-81 - Surface Treatment of Roads. The report recommends that the unit prices submitted by Norjohn Contracting Limited for the subject contract be accepted. Alderman Puttick expressed opposition to this recommendation since there had been only one tender submitted and the cost was too high. Alderman Dilts agreed with this view but advised that the Municipal Works Committee understood the immediacy of the treatment in view of deterioriation of the road as well as inflationary trends. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Cummings, Dtlts, Fera, Janvary, Kerrio, Herrerr, Orr, Schisler and Somerville; NAYE: Alderman Puttick. COMMUNICATION No. 175 - Clancy~s Too Flyers - Re: Permission for Clancy's Too Flyers' Women's Slo-pitch Team to operate a beer concession at a dance at the Jack Bell Arena, Niagara Falls, on June 27, 1981, from 7:00 p.m. to 1:00 a.m. This dance is in conjunction with the National Hockey League Slo-pitch Tournament being held the same week. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that permission be granted subject to established policy. Carried Unanimously. RESOLUTIONS : No. 53 - CUMMINGS - DILTS - RESOLVED that the unit prices submitted by NorJohn Contracting Limited for the surface treatment of roads be accepted at the tender price of $138,566.00; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Puttick '~ voting contrary and all others voting in favour. No. 54 - DILTS - FERA - RESOLVED that Clancy~s Too Flyers Women's Slo-pitch Team be granted permission to operate a beer concession at Jack Bell Arena on June 27th, 1981, subject to the approval of the Regional Niagara Police Department, Niagara Falls Fire Department, Niagara District Health Unit, and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAW ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 81-140 - A By-law to authorize the execution of an agreement with NorJohn Contracting Limited for surface treatment of roads. Carried with Alderman Puttick voting contrary and all others voting in fayour. -2- ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that the following by-law be now read a second and third time: No. 81-140 - A By-law to authorize the execution of an agreement with Norjohn Contracting Limited for surface treatment of roads. Carried with Alderman Puttick voting contrary and all others voting in favour. It was moved by Alderman Dilts, seconded by Alderman Fera, that the meeting adjourn to General Committee session. 'Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON TWENTY-SEVENTH MEETING Committee Room #1 June 15, 1981 COb~4ITTEE OF THE WHOLE Council met on Monday, June 15, 1981 at 6:45 p.m. in Committee of the Whole. All members of Council were present. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. = ~ & & ' · · a Council Chambers June 15, 1981 Council met on Monday, June 15, 1981 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 Puttick offered the Opening Prayer. ; ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Baker, that the minute8 of the meetings held on May 19th, 25th and June let, 1981, be adopted as printed. Carried Unanimously. PRESENTATIONS ACHIEVEMENT AWARDS - MINGLE'S MINOR BANTAMS "AAA" HOCKEY TEAM His Worship, Mayor Thomson presented Achievement Awards to the members of the Mingle's Minor Bantams "AAA" Hockey Team for winning the All-Ontario "AAA" Bantam Hockey Championship at the Stamford Memorial Arena on April 5, 198 1. ACHIEVEMENT AWARD - MR. BILL CAMPBELL JR. His Worship, Mayor Thomson presented Achievement Awards to Mr. Bill Campbell Jr. and his coaches Jim and Joe Cuviello for winning the Ontario Minor Track Association Indoor 800 Metre Championship - Atom Division in March at York University in Toronto. NIAGARA ENERGY FROM WASTE PROJECT Mr. W. Holman of the Regional Municipality of Niagara was granted permission to address City Council on the motion of Alderman Chessmane seconded by Alderman Cummings. Mr. Holman explained that the Niagara Energy from Waste Project had started in 1979 and had included representation from the Region, Ministries of. Energy and Environmentt and Ontario Paper Company. The purpose of the study was to determine the feasibility of ~onstructing a plant to burn municipal waste and provide steam which would be purchased by the Ontario Paper Company at a price indexed to the cost of natural gas. The project would handle all of the municipal waste from the area municipalities plus soma from the Regions of Hamilton-Wantworth and Halton. Mr. Holman advised that the Federal Govaroment has indicated the possibility of a grant of up to 20% of the capital costs involved in the project. In response to a question raised by Aldermen Puttick, Mr. Holman advised that the plant would be owned either: l) completely by the private sector; 2) by the private sector and leased hack to the Region; or 3) owned by the Region and financed through debentures. No decision had been made -2- by the Region as to which of the alternatives would be pursued. Any decision would also depend on changes in legislation respecting the RegionIs involvement in solid waste management. Alderman Puttick expressed concern over the possibility of a private firm making profits from an operation financed by tax dollars. Alderman Cheesman asked what the relationship in cost would be between natural gas and steam. Mr. Holman indicated that the formula to determine the price to be charged for the steam was rather complex, however it had been estimated at 85% of Ontario Paper Company's current price for energy which happened to be natural gas. In response to a further question by Alderman Cheesman, Mr. Holman indicated that it would be necessary for the Region to be solely responsible for the operation of all landfill sites within the Region if the project were to proceed. Mr. Holman explained the fee system that would be involved if the Region were to assume responsibility for the City's landfill site operation. In concluding his presentation, Mr. Holman indicated that it was the Region~s intention to have a representative available to explain the contents of the report to the Councils of the various area municipalities. No decisions or approvals were being requested at this time. Mayor Thomson thanked Mr. Holman for attending the meeting and taking the time to answer questions raised by the Council on this project. UNFINISHED BUSINESS REVIEW OF STAFF COMPLEMENT - MUNICIPAL SERVICE CENTRE Report No. 317 - City Manager - The report provides information on the staff employed as Shift Foreman, and in the Vehicle Maintenance and Equipment sections at the Municipal Service Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the report be received and filed. Carried Unanimously. --- GROUP HOMES Report No. 403 - Planning pirector - The report recommends: 1) That Council adopt the con~nents and recommendations on the Region's Report DPD-1375 and suggest that further consideration be given by Regional Council regarding its role in the establishment of Group Homes in local area municipalities; 2) That the report be distributed to other municipalities within the Region; 3)That Council obtain Regional Council's support for a request to the Province the Association of Municipalities of Ontario and the Region's Social Planning Division to resolve Niagara Falls Social Planning concerns as outliner in Report PD-22/81 and that any amendments to the Region's Policy Plan recognizing group homes be delayed until both Regional Council and City Council are satisfied the concerns have been resolved; 4) That Council accept and forward to the Province, the Joint Committee's memo containing comments on letters received from the Secretariat for Social Development; 5) That the Group Home Sub-Committee be enlarged to include the Mayor and two Aldermen, Regional Representative, 2 Planning Hoard representatives, 2 Social Planning representatives; and 6) That Council authorize the City to circulate the Honourable M. Birch's reply to our concerns and our Joint Gommittee's comments to all municipalities previously circulated. The Planning Director ,reviewed the recommendations in the report which was Jointly prepared by the Planning Department and the Social Planning Council. Alderman Chessman referred to a comment in the Province'e response that group homes and the locating of persons in group homes should be viewed as a matter of right, and pointed out that since these group homes will be located in area municipalities, and the municipalities should have a stron8 voice in what goes on in this matter. The Alderman also felt that the Region should ensure that group homes are spread uniformly through the Region, so that one municipality would not be overburdened if another chose not to become involved with group homes. Mayor Thomson noted that the City had stressed in its reports all along that while the City was not opposed to group homes, there were certain concerns that would have to be resolved before ~ouncil would be satisfied. The Mayor suggested that once the larger sub-committee was established~ the Provincial G~p HOmes Go-ordinator should be invited -3 - to a meeting of the sub-committee and discuss the matter in greater depth. Alderman Merrett expressed his hope that the Region would give the matter as serious consideration as the City had, pointing out the amount of work done by staff and the Social Planning Council and the public input into the matter. Alderman Grr commented that the Provincial Group Homes Co-ordinator had only scratched the main issue and discussed the positive points relating to group homes in her response. Following further comment, it was moved by Alderman Orr, seconded by Alderman Merrett, that the report be received and adopted, and that Counctl's thanks be extended to the Social Planning Council and Planning Department staff for their work on the matter. Carried Unanimously. NIAGARA FALLS VISITOR & CONVENTION BUREAU - RESPONSE TO WOODS, GORDON REPORT It was moved by Alderman Puttick, seconded by Alderman Grr, that the response of the Niagara Falls Visitor & Convention Bureau with respect to the Woods, Cordon Report Regional Niagara Economic Development Study, be endorsed and submitted to the Regional Municipality of Niagara. Carried Unanimously. CARROLL AVENUE Report No. 404 - City Manager - The report recommends that the City install curbing on the easterly side of Carroll Avenue from Elizabeth Street to Virginia Street. In response to a question raised by Alderman Puttick, Mayor ;Thomson stated that no parking signs had been erected on the street, but this had not prevented the trucks from parking. Commissionaires have been sent to the area in order to keep the trucks moving~ however it is not possible to have them on Carroll Avenue constantly. A resident in the area indicated that although Bright's had aimed their parking lot lights down earlier, they were directed higher again and were bothering people at night. Alderman Puttick suggested that Bright's be contacted and ask to direct the lights down again. Alderman Cummings asked when the curbing would be installed. The Traffic & Construction Engineer indicated that the work would be completed within the next month. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. OPERATION OF NIAGARA DISTRIBUTION SERVICES - FIRST AVENUE Report No. 405 - Mayor Wayne Thomson - The report recommends certain action in,order to resolve complaints arising as a result of the Niagara Distribution Services operation west of Victoria Avenue. Mr. C. Madden, a resident of First Avenue, indicated that he was satisfied with the action being suggested in the report. In response to a question raised by Alderman Fera, Mayor Thomson stated that the City had to recognize the existing industrial property at the end of First Avenue by not restricting truck traffic to the property formerly used by Sangstar Lumber Company. The Mayor indicated that the residents have lived with the construction business there and.understand that there will have to be some truck traffic if that facility is opened again. Mr. Madden stated that he would be opposed to any truck traffic that would be involved with the former Sangstar property. Mr. E. Clifford, solicitor for Mr. R. Gale, indicated that if posts were installed on the First Avenue road allowance, gasoline tanker trucks would not be able to use this exit when making deliveries to Mr. Gale's gasoline station. It would then be necessary for the tanker trucks to back out onto Bridge Street, creating a very hazardous situation. Mr. Clifford also expressed concern over the suggested passage of a by-law restricting heavy truck traffic on First Avenue, since Mr. Gale owns and leases certain industrial properties that would be affected by such a restriction. -4- Alderman Puttick suggested that the entrance problems on Bridge Street be referred to the Region, since Bridge Street is a regional road. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Metfelt, that the report be received and adopted, subject to a meeting being held with Mr. Cllfford and Mr. Gale and the City's Legal Department with respect to the MunicipalityIs legal position. Carried Unanimously. COFR4UNICATIONS No. 176 - Regional Municipality of Niagara - Re: Request for Extension of Water Services from Niagara Falls along Highway ~20, City of Thorold. The communication advises that the Region, in principle, has no objection to the extension of water service from the existing local watermain in Niagara Falls along Highway ~20 to businesses located on Highway ~20 in the City of Thorold, and that the investigation of such an extension would be most appropriately handled jointly by the Cities of Niagara Falls and Thorold. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Fern, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 177 - Regional Municipality of Niagara - Re: St. Catharines Motion for Withdrawal from Regional Government. The communication con~nents on the St. Catharines motion for withdrawal from Regional Government. Regional Councillor Sobel suggested that Council should attend the meeting proposed by the City of St. Catharines in order to challenge the statements made by that Council regarding Regional Government. Mr. Sobel felt that if there were duplications as suggested by St. Catharines, they could be eliminated through dialogue. Durin8 the discussion on this communication, a number..of members of Council expressed their views on the move by St. Gatherinca to withdraw from Regional Government, as well as the claims by. St. Catharines of duplication and increased costs. Following further comment, it was moved by Alderman Fern, seconded by Alderman Dilte, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Chessmans Dilts~ Fernt Baker~ Janvaryt Merrett, Schislert Kerrio and Somerville. I NAYE: Aldermen Cummings, 0rr and Puttick. No. 178 - Regional Municipality of Niagara - Re: Traffic Pedestrian Light. The conmnunication advises that Regional Readways staff will be contacting City staff to arrange for a meeting to discuss warrants for the installation of traffic pedestrian lights as well as capital and operating costs for same, ORDERED on the motion of Alderman Merrettt seconded by Alderman Fern, that the communication be received and filed~ and the meeting held as soon as possible. C~rried Unanimously. No. 179 - Mr. J. Charlabels - Re: John N. Allan Park. The co,~nunication expresses support of the proposal to sell or relocate John N. Allan Park. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the cowmunication be received and filed. Carried Unanimously. No. 180 - Mrs. M. Noble - Re: Soot and Smoke from Cyanamid. The communication advises of soot and smoke from the Cyanamid plant on Fourth Avenue. ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that the communication be referred to staff. Carried Unanimously. No. 181 - Downtown Board of Management - Re: Special Occasion Permit. The communication requests approval of a special occasion permit to operate a beer tent in the Centennial Square on July 4~ 1981. 9RDERED on the motion of Alderman Marfelt, seconded by Alderman Baker, that the request. be approved subject to, established policy. Carried Unanimously. See Resolution N0. No. 182 - Ministry of the Environment - Re: Niagara River Water Quality Update. The communication provides:an update of the results of the special water quality monit~rin~ for organic~,~ich is being carried out on the municip~l -5- water supply supplies at the Town of Niagara-on-the-Lake and the City of Niagara Falls and the river water at Fort Erie. ORDERED on the motion of Alderman Fern, seconded by Alderman Somerville, that the communication be received and filed. Carried Unanimously. REPORTS No. 406 - Planning Director - Re: Zoning Amendment Application AM-23/80, D. & S. DiCienzo, 5591 Victoria Avenue. The report advises that a by-law authorizing the subject amendment has been prepared for the consideration of Council. The City Solicitor indicated that the objectors on record with the City were notified that the application was to be considered by Council. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fern, that the report be received and filed, and the by-law given the necessary readings. Carried Unanimously. No. 407 - City Solicitor/Planning Director - Re: Ontario Municipal Board Decision on Official Plan of Regional Municipality of Niagara. The report recommends passage of a resolution endorsing the decision of the Ontario Municipal'Board and authorizing the filing of a submission to that effect with the Lieutenant Governor in Council. .ORDERED on the motion of Alderman Fern, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. See Resolution No. 56 No. 408 - City Solicitor/Planning Director - Re: Zoning By-law 79-200. The report recommends passage of a resolution authorizing the filing of a reply opposing the changes in the Ontario Municipal Board decision requested by Mr. Peter Grandoni in his petition to the Lieutenant Governor in Council. In response to a question raised by Alderman Schisler, the City Solicitor advised that Mr. Grandoni was opposing provisions in the Zoning By-law which were approved by Council and which Council authorized staff to support before the Ontario Municipal Board. The City Solicitor outlined Mr. Grandoni's objection which dealt with the zoning of agricultural lands. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others voting in favour. : See Resolution No. 57 No. 409 - City Manager - Re: Purchase of Property at 8740 Willoughby Drive (Former Chippaws PUC Building). The report recommends passage of a by-law to authorize the purchase of the property municipally known as 8740 Willoughby Drive (Former Chippaws PUC Building). ORDERED on the motion of Alderman Baker, seconded by Alderman Somerville, that the report be received and adopted. ~arried Unanimously. See By-law No. 81-144 No. 410 - Municipal Works Committee - Re: Restoration of Brooks Street (City Contract S.S. 3-81). The report recommends that curb repairs on the south side of Brooke Street between Sinnicks Avenue and Frances Avenue be deferred until 198Z;the final asphalt repairs to the storm sewermain trench not be completed until 1982; and that in 1982 an asphalt overlay be placed on Brooks Street between. Sinnicks Avenue and Portage Road. Alderman Chessman referred to the recommendation contained in the report~s background material regarding notification to the area residents, and requested that this action be carried out. ORDERED on the motion of Alderman Dilts~ seconded by Alderman Fera~ that the report be received and adopted. Carried, Unanimously. No. 411 - City Manager - Re: Co-operative Corrugated Steel Pipe Tender. The report recommends acceptance of the low bid submitted by Canada Culvert as part of the Go-operative Corrugated Steel Pipe Tender called by the Regional Municipality of Niagara. ORDERED on the motion of Alderm~n Fera~ seconded by Alderman Merrett~ that the report be received and adopted. Carried Unanimously. ~ No. 412 - Municipal Works Committee/Planning & Development Conmnittee - Re: Water Line Extensions Outside of Urban Areas Boundaries. The report recommends: 1) That the contents of the report be forwarded to the Regional Municipality of Niagara for its consideration of possible changes in the Regional policy eeeee6 -6- relatin8 to the extension of water lines outside the urban areas boundaries; and 2) That the City fayour Policy Option (c), taking into consideration the general comments of this report. The Director of Municipal Works provided additional information in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman 0rr, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 413 - City Manager - Re: Monroe Extension I Subdivision. The report recommends passage of the by-law authorizing the execution of an agreement with the developers of the Monroe Extension I Subdivision. ORDERED on the motion of Alderman Kerrto, seconded by Alderman 0rr~ that the report be received and adopted. Carried Unanimously. See By-law No. 81- No. 414 - City Manager - Re: 1981 Capital Budget Projects - 12" Diameter Watermain on Hugging Street from Portage Road to Windermere Road. The report recommends passage of a by-law authorizing construction of the subject watermain. ORDERED on the motion of Alderman Dilts, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. No. 415 - Director of Municipal Works - Re: 1980 Municipal Works Annual Report The report provides information on the various activities undertaken by the Municipal Works during the year 1980. Alderman Janvary felt it would be helpful if informative reports such as the Municipal Works annual report could be made available to the public so that citizens would be aware of the work being undertaken by the City. Mayor Thomson agreed with Alderman Janvary's suggestion and advised that he had held discussions with the people lookins after developing the downtown tabloid on a monthly basis, regarding a monthly column containing information on various City projects and current news. Mayor Thomson provided additional information regarding servicing on Huggins Street in response to a question. raised by Alderman Puttick. ORDERED on the motion of Ald. erman 3anycry, seconded by Alderman Murrett, ~hat the report be received and filed and the Municipal Works staff commended for the excellent report. Carried Unanimously. No. 416 - City Manager - Re: Jolley Cut. The report provides information on lighting improvements and minor repairs to be made to the ~olley Cut pedestrian walkway between Queen Victoria Park and Robinson Street. The Traffic & COnstruction Engineer provided additional information in response to questions raised by Alderman Marterr concerning the Niagara Parks Commission's involvement in the improvements. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. . - No. 417 - City Manager - Re: Intersection of St. John and St. James. The report recommends that no further changes be considered in the traffic controls. within and approaching the intersection of St. John Street and St. James Avenue. Mayor Thomson indicated that he had received a number of calls on this matter, and suggested that the report be tabled for two weeks.so that a brief telephone survey could be taken of the residents in the area to determine their feelings. ORDERED on the motion of Alderman Chessman, seconded by Alderman 'Dilt8, that the reportbbe received and adopted. Carried Unanimously. No. 418 - City Manager - Re: Parking on Pew Street. The report recommends that parking be prohibited from both sides of Pew Street from Dorchester Road to its westerly Iimit. ORDERED on the motion of Alderman Fete, seconded by Alderman Cu~mings~ that ~tha .report be received and adopted, Carried Unanimously. No. 419 - City Manager - Re: Parking on Crysler Avenue. The report recommends that parkin~ be prohibited at all times from the easterly aide of Crysler Avenue from Bridge Street to the south limit of the property located on this corner. ORDERED on the motion of Alderman Marrett, seconded by Alderman Somerville, that the repor~ be receivedan~ed0pted. Carried Unanimously. I', > ..... 7 - 7- No. 420 - City Manager - Re: Bus Parking on Falls Avenue. The report recommends that buses be allowed to park on the westerly side of Falls Avenue from the entrance to Maple Leaf Village to within 100' of CliftoD Hill. In response to a question raised by Alderman Merrett, the Traffic and Construction Engineer indicated that the area is presently being used for loading and unloading of buses, and it was not intended to have the buses parking for any period of time. Additional information was provided in response to other questions raised. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted subject to the parking being restricted to the loading and unloading of buses only. Carried Unanimously. No. 421 - City Manager - Re: Yield Signs. The report recommends preparation of a by-law to allow the erection of yield right-of-way signs at the inter- section of Walnut Street and Ellen Avenue facing southeast bound traffic on Walnut Street; and at the intersection of Hiram Street and Falls Avenue facing traffic southeast bound on Hiram Street. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fare, that the report be received and adopted. Carried Unanimously. No. 422 - City Manager - Re: Mount Forest Mark II Subdivision for Rick Redekop Limited. The report recommends that the subdivision agreement for the Mount Forest Mark II Subdivision include a clause which would permit the issuance of building permits for lots at the southwest and southeast corners of the subject subdivision upon registration of the plan of subdivision. ORDERED on the motion of Alderman Merrett, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously- No. 423 - Finance Committee - Re: A~reement for Lighting Facilities at C.W. Palmar Park. The report recommends passage of a by-law authorizing an agreement with the Young Men's Christian Association of Greater Niagara for Park. The City Solicitor and City Manager provided additional information on the terms of the agreement in response to questions raised by Aldermen Cummings and Orr. ORDERED on the motion Alderman Chessman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 424 - Finance COmmittee - Re: 1981 Ontario Budget. The report provides information on the financial impact to the City of certain changes contained in the 1981 Ontario Budget. Alderman Puttick suggested that a resglution be submitted to the Association of Municipalities of Ontario, opposing the withdrawal of the preferential licenee fees for municipally owned motor vehicles by the ProvinCe. Mayor Thomson indicated that a similar resolution had been received from another municipality, and a copy would be submitted at the next Council meeting. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fare, that the report be received and filed. Carried Unanimously. No. 425 - Finance Committee - Re: 0ktoberfest Niagara Advertisement. The report recommends that the City subscribe to a full page advertisemeBt in the Oktoberfest Niagara Festival program at a cost of $425. In response to a question raised by Alderman Orr, the City Clerk advised that according to the Clty's policy, he is authorized to approve advertisements up to a certain dollar amount. If that amount wtl! e exceeded, Finance Committee and Council approval is required. ORDERED on the motion of Alderman Dilte, seconded by Alderman Kerrio, that No. 426 - Finance Committee - RO: Debt Capacity. The report proves information respecting the capacity of the City to issue long term debt. ORDERED on the motion of Alderman Dllts, seconded by Alderman Chessman, that the report be received and filed, Carried Unanimously. report recommends that the City donate $500 to the subject flood relief fund. . . ............................ ~--, -8- ORDERED on the motion of Aldeman Fern, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 428 - City Manager - Re: Hunicipal Accounts. The report recommends payment of the municipal accounts. The City Hansget, Deputy Treasurer and Director of Buildings and Inspections provided additional infomation on Cheques ~P2645, 2683, 2699, 2795, 2841 and 2848 in response to questions raised by Aldermen Cummings, Orr and Puttick. ORDERED on the motion of Alderman Fern, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Baker abstaining on a conflict of interest on Cheques #2659 and 2755 and voting contrary on Cheque #2709~ Alderman Janvary abstaining on a conflict of interest on Cheque #2739, Aldeman Narrate abstaining on a conflict of interest on Cheque #2649, and Alderman Puttick abstaining on a conflict of interest on Cheque ~fi2755 and voting contrary on Cheques #2655 and 2807. No. 429 - City Nanager - Re: Site Plan Approval - Inclusion of Reduced Site Plans to Accompany Council Reports. The report advises of the difficulties that would be experienced by applicants if the City were to require a reduced copy of the site plan to be attached to Council reports recommending approval of same. Alderman Herreli agreed that the City should not place any extra burden on persons going through this procedure, and suggested that if a small scale plan were available in advance~ it could be included with the report. Mayor Thomson also indicated that the plans are posted in the Council Chambers prior to the meeting~ and are available for perusal by the members of Council. ORDERED on the motion of Alderman Herreli, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. Ro. 430 - City Manager - Re: Site Plan Approval for Proposed O~fice Building, 4701 St. Clair Avenue (Northwest Corner of St. Clair and Huron). The report recommends approval of the subject site plan subject to certain conditions. Aldeman CtuminSs indkcated that a large fence erected on the property was causing visibility problems at this intersection. ORDERED on the motion of Alderman Fern, seconded by Aldeman HerratE, that the report be received and adopted. Carried Unanimously. No. 431 - City Manager - Re: Buildings and Inspections Department Report for May 1981. The report provides infomation relative to statistics, development proposals and other noteworthy data during the month of May. Aideman Puttick referred to charges laid recently under the Ontario BaildinS Code Act agelust Mr. O. Maids, and suggested that the charges be withdrawn since the building Involved would now comply with the provisions of By-law 79-200. The Director of Buildings & Inspections confimed that the the building involved would be legal under By-law 79-200. The City Solicitor indicated that he would sooner not comment on the matter in view of the pending charges involved. Mayor Thomson suggested that a report be submitted at the next meeting in Committee of the Whole on the matter. ORDERED on the motion of Aldreman Dilts~ seconded by Aldeman C,~amtngs, that the report be received and filed. Carried Unanimously. go. 432 - City Manager - Re: Stamford Arena - Summer Public Skating. The report recon~nends that the summer public skating time at the Stamford Arena not be continued for the summer of 1981. Alderman Cummings felt the City had an obligation to provlde such things as public skating at the arenas. The Aideman pointed out that there are many chlldren involved In minor hockey~ and if the local public skating is discontinued, the children will have to travel to 81. Catharlnes for publlc skating. The Director of Buildings & Inspections pointed out that s~me eveninSs~ only $40 was taken in while the ice surface was tied up for two and a half hours, Rental of the ice surface would generate more revenue than public eketinS, and it was feet that the City should not be losing money when the public skating was not being that weE1 used. ORDERED on the motion of Aldarl~an DIEtme seconded by Alderman Orr, that the report be received and 'adopts4. ~he motion Carried with the followin~ -9- vote: AYE: NAYE: AIdermen Cheesman, Dilts, Fera, Janvary, Merrett, Orr, Puttick, Schisler and Somerville. Aldemen Cummings, Baker and Kerrio. No. 433 - City Manager - Re: NHL Slo-Pitch Tournament, June 26 - 28, 1981. The report requests the endorsement by Council of the proposal of each team participating in the tournament to donate $1,000 to their local favourite charity. In response to a question raised by Alderman Cummings, the Director of Buildings & Inspections indicated that the projected gate receipts for the tournament are estimated at approximately $30,000, with the City's cost estimated at approximately $10,000. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and the proposal endorsed. Carried Unanimously. No. 434 - City Manager - Re: Niagara Falls Canucks Junior "B' Hockey Club. The report advises of negotiations being held with the Niagara Falls Canucks Junior "B" Hockey Club regarding the possibility of moving the team to the Niagara Falls Arena. Mayor Thomson provided additional information on the matter in response to a question raised by Alderman Cummings. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 435 - City Manager - Re: Ryerson Market Park - Closing of Ellis Street. The report recommends that staff be authorized to institute proper procedures for the closing of Ellis Street between St. Clair Avenue and Crysler Avenue. ORDERED on the motion of Alderman Dilts, seconded by Aldeman Fera, that the report be received and adopted. Carried Unanimously. No. 436 - Mayor Wayne Thomson - Re: Further Consideration - John N. Allan Park. The report recommends: 1) That Council authorize the preparation of an appraisal by an independent appraiser of the current market value of the lands known as 3ohn N. Allan Park; 2) That Council request staff to investigate the availability of alternate sites for a park in the immediate vicinity of the present 3ohn N. Allan Park; and 3) That Council request that the Recreation Commission undertake a study dealing with such matters as the possible relocation of 3ohn N. Allan Park, including the recreational services which could be provided by the revenue generated from the sale of the park. Aideman Cummings requested that the Recreation Commission also include in its study~ comment on future use of the park taking into consideration expansion in the Gity. The City Manager indicated that this information would be included in the report. ~- Alderman Janvary asked if there would be any type limit established on when this report would be submitted to Councils and when a final decision would be made. Mayor Thomson indicated that he hoped to have a decision made on the matter as soon as possible after submission of the material being requested. Alderman Puttick suggested that the report from the Gommission be submitted at the first meeting in July. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Dllta abstaining on a conflict of interest, and all others voting in fayour. No. 437 - City Clerk - Re: Application for Hawker & Pedlar Licence - Jose Hermoza. The report recon~nends that an application received from Jose Hemoza for a Hawker and Pedlar ltcence be denied. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. No. 438 - City Clerk - Re: Application for Municipal Licence to Operate a Push Cart. The report recommends that the application of Mr. George Mttzlthras of W eaton, Ontario, to operate a push cart selling peanuts~ popcorn and candy apples on City streets~ be denied. ORDERED on the motion of Alderman MarratE, seconded by Alderman Cunnings~ that the report berecal~ad and adopted. Carried Unanimously. No. 439 - Civic Month Committee - Re: Canada Week. The report recommends that the week of june 25 - July 1, 1981 be proclaimed "Canada Week" and - 10 - the citizens of Niagara Falls be encouraged to celebrate Canadage birthday on July by "Flying a Flag for Canada". ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera~ that the report be received and adopted. Carried Unanimously. No. 440 - City Manager - Re: Reclassification of Riverside Hotel, 8163 Cummington Square. The report recommends that Council, by resolution, approve the closing of the bedroom facilities presently available at the Riverside Hotel, 8163 Cummington Square. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and adopted. The motion Carrled with Alderman Orr abstaining on a conflict of interest, and all others voting in fayour. See Resolution No.,i No. 441 - Loan Review Committee - Re: Applications for Assistance. The report recommends approval of nine applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Baker, seconded by Alderman Curmnings, that the report be received and adopted. Carried Unanimously. No. 442 - City Solicitor - Re: Ontario Manicipal Board Rearing re: MichaelIs Inn Mditlon and Release of Report of Colder Associates. The report recommend that Council decide whether a copy of the Colder report be provided to James Hennessey upon payment of the usual charge, In response to a number of questions raised by Alderman Bakers the City Solicitor indicated that the Golder report had no bearing on the Michael*s Inn property since it does not deal with the site itself. If Mr. Eennessey wanted the report brought in as evidence at the hearing, he would have the opportunity to subpoena the report if he desired. The City Solicitor further indicated that Mr. Henhesse/was in opposition to the City's position on the rezoning, and he did not feel the City was obligated to supply him with material that would be uaed~aaBainst the City. Alderman Cummings asked if the report would be supplied to Mr. Hennessey if the hearing was over. The City Solicitor stated that the Colder report was not a public document, however if Council directed a copy be provided, it would be given to Mr. Eennessey. Following further comment, it was moved by Aiderman Schisler, seconded by Alderman Dilts, that a copy of the report not be provided to Mr.James Henneesey. The report Carried with Aldermen Baker and Orr voting contrary, and all others voting in favour. RESOLUTIONS No. 55 - MERRETT - BAKER - RESOLVED that the Downtown Board of Management be granted permission to operate a beer concession in the Centennial Square on July 4, 1981~ subject to the approval of the Regional Niagara Police Bapartment~ Niagara Falls Fire Department, Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried UnanimouSl No. 56 - FERA - PUTTICK - RESOLVED that the Council of the Corporation of the City of Niagara Falls endorses the decision of the Ontario Municipal Board with respect to the Official Plan of the Regional Municipality of Niagara and hereby authorizes the City Solicitor to submit a reply to that effect in response to the petitions filed with the Lieutenant-~overnor in -Council; AND the Seal of the Corporation be hereto affixed. Carried with Alder Schisler voting and all others rot in favour. ~No. 57 - FERA - KERRIO - RESOLVED that the Council of the Corporation of the City of Niagara Falls endorses the decision of the Ontario Municipal Board, with respect to Restricted Area By-law 79-200, ae amended, and authorizes the City Solicitor to suNnit a reply to that effect in response to the petition of Mr. Peter Grandoni; ~ the Seal of the Corporation be hereto affixed. '~ Carried with Alder~ ~-: Schieler voting c~ and all others vot~ ~' in layout, · .... ll - 11 - No. 58 - CHEESMAN - MERRETT - RESOLVED that the Council of the Corporation of the City of Niagara Fails approves of the closing of the guest bedroom accommodations provided by the Riverside Hotel, 8163 Cummington Square, Niagara Falls, in order to permit the Liquor Licence Board of Ontario to consider an application for reclassification of the said premises from a hotel to that of a tavern; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Orr abstaining on a conflict of interest and all others voting in favour. No. 59 - DILTS - BAKER - RESOLVED that a message of condolence be sent to the family of the late Lady Eunice Oakes, a well respected citizen; AND the Seal of the Corporation be hereto affixed. Carried UnanimousiX 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. 81-141 - A By-law to authorize the execution of an agreement with Abell Waco Limited for rodent control services. No. 81-142 - A By-law to amend By-law No. 79-200, as amended.(DiCienzo, AM-23/80) No. 81-143 - A By-law to amend By-law No. 79-200, as amended. (Zafeeris) No. 81-144 - A By-law to authorize the purchase of the property municipally known as 8740 Willoughby Drive (Former Chippawa P.U.C. Building). No. 81-145 - A By-law to authorize the construction of a watermain as an improvement to the water Supply system in the Urban/Service Areas of the City. No. 81-146 - A By-law to authorize an agreement with the Y.M.C.A. of Greater Niagara respecting lighting facilities. No. 81-147 - A By-law to authorize a subdivision agreement with River Realty Development (1976) Inc. and Group 2 Development Ltd. (Monroe Extension No. 1). No. 81-148 - A By-law to provide monies for general purposes. Carried with Aiderman Baker voting contrary on By-law 81-142, Cheque #2709 of By-law 81-148 and abstaining on a conflict of interest on Cheques #2659 and 2755 of By-law 81-148; Aiderman Janvary voting contrary on By-law 81-142 and abstaining on a conflict of interest on Cheque #2739 of By-law 81-148; Alderman Orr voting contrary on By-law 81-142; and Alderman Puttick abstaining on a conflict of interest on Cheque #2755 of By-law 18-148-and voting contrary on Cheques #2655 and #2807 of By-law 81-148; and all others voting in favour. ORDERED on the motion of Alderman Fare, seconded by Alderman Kerrio, that the following by-laws be now read a second and third time: No. 81-141 - a By-law to authorize the execution of an agreement with Abell Waco Limited for rodent control services. No. 81-142 - A By-law to amend By-law No. 79-200, as amended.(DiCienzo, AM-23/80) No. 81-143 - A By-law to amend By-law No. 79-200, as amended.(Zafeeris) No. 81-144 - A By-law to authorize the purchase of the property municipally known as 8740 Willoughby Drive (former Chippawa P.U.C. Building). No. 81-145 - A By-law to authorize the construction of a watermain as an improvement to the water supply system in the Urban Service Areas of the City. No. 81-146 - A By-law to authorize an agreement with the Y.M.C.A. of Greater Niagara respecting lighting facilities. No. 81-147 - A By-law to authorize a subdivision agreement with B/vet Realty Development (1976) Inc. and Group 2 Development Ltd. (Monroe Extension No. 1). No. 81-148 - A By-law to~provide monies for general purposes. - 12 - Carried with Alderman Baker voting contrary on By-law 81-142, Cheque #2709 of By-law 81-148 and abstaining on a conflict of interest on Cheques #2659 and 2, o£By-law 81-148; Alderman Janvary voting contrary on Byelaw 81-142 and absta~ on a conflict of interest on Cheque #2739 of By-law 81-148; Alderman Orr voti~ contrary on By-law 81-142; and Alderman Puttick abstaining on a conflict of interest on Cheque #2755 of By-law 81-148 and voting contrary on Cheques #265 and #2807 of By-law 81-148; and all others voting in favour. NEW BUSINESS NIAGARA SOUTH RECREATION COMPLEX PARKING It was moved by Alderman Dilts, seconded by Alderman Baker, that a repor be prepared regarding the extension of the parking lot at the Niagara South Recreation Complex. Carried Unanimously. TRAFFIC CONDITIONS IN WEIGHTMAN BRIDGE AREA Alderman Dilts referred to numerous problems being experienced in the Weightman Bridge area in Chippawa, dealing with traffic at the intersection of Macklem, Portage and the Bridge and the splash guards on the Bridge itself. The Alderman requested that additional requests be made to the Regi0' to investigate improvements in this area. The Director of Municipal Works provided additional information on the matter. MEETING WITH CITY OF ST. CATHARINES It was moved by Alderman C,,mm~ngs, seconded by Alderman Puttick, that members of Council meet with members of St. Catharines City Council to discus mutual concerns pertaining to Regional Government. The motion was Defeated with the following vote: AYE: Aldermen C,~ngs, Orr, Puttick and Kerrio. NAYE: Aldermen Chessman, Dilts, ~era, Baker, Janvary, Merrett, Schisler and Somerville. CO~R4UNITY RESOURCES BUILDING Alderman Orr asked if there would be any changes to the C,,mmunity Resources building to make the offices accessible to the handicapped. The City Manager advised tha~ there is a ramp from the parking lot to the rear of the building which was constructed when the building was opened. ZAMBONI - STAMFORD ARENA It was moved by Alderman Puttick, seconded by Aldek~nan Dilts, that a report be prepared on the cost of repairing the existing Zamboni, the cost of replacing the unit, and the estimated cost of using the existing machine as a hack-up if a new unit were purchased. Carried Unanimously. INTERSECTION - BUCHANAN AVENUE/PORTAGE ROAD/OAKES DRIVE Alderman Marrett referred to a request made previously for the Region to consider improvements at the subject intersection, at which time the Region indicated traffic signals were not warranted. The Alderman pointed out that this intersection is still quite dangerous, and suggested that the Region may have carried out its investigations at a time when tourist traffic may not have been a major factor. The Alderman suggested that a further request be sent to the Region to review the situation during the tourist season. EXCHANGE ON AMERICAN FUNDS - GREATER NIACARA GENERAL HOSPITAL · It was moved by Alderman Merrett, seconded by Alderman Kerrio, that the City Clerk correspond with the Greater Niagara General Hospital regarding its policy of not paying exchange on American funds. The motion Carried with Alderman Orr votins contrary, and all others voting in favour. CODE OF Bl~llCS - NIAGARA FALLS VISITOR & CONVENTION BUREAU '~ '~ttm It was moved by Alderman~errett, seconded by Alderman Chessman, that .. NiaSara Falls Visitor & Convention Bureau be requested to provide a repor on the status of the Code of Ethics suESesCed for the City's tourist industz Carried Unsnimeusly. :~ = :=":' : - 13 - HUNTING BOUNDARIES In response to a question raised by Alderman Schisler, the City Clerk advised that there are copies of maps indicating the City's hunting boundaries that are available for the public, and that he would provide the Alderman with a copy. TOUR OF RECREATIONAL FACILITIES Alderman Cummings advised the Recreation Conmission will be holding its annual tour of recreational facilities in the City on Tuesday, June 16, 1981 at 6:00 p.m. starting at the Conmission office on Lundy's Lane. APPOINTMENT TO N.R.T.A. Alderman Kerrio indicated that he was not always able to attend the meetings of the N.R.T.A. since they are scheduled in the daytime during business hours. The Alderman suggested that the Council representation could be reduced from two members of Council to one member. Mayor Thomson felt that the City should retain its two members in view of the sizeable grant given to the Association each year. Alderman Fera indicated that he would be willing to accept the appointment during the summer months. It was moved by Alderman Cunm~ings, seconded by Alderman Orr, that Alderman Fera be appointed as the interim Council representative to the Association. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Dilts, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON TWENTY-EIGHTH MEETING Coramittee Room #1. June 29, 1981 COMMITTEE OF THE WHOLE Council met on Monday, June 29, 1981 at 6:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Puttick. Alderman Orr presided as Chairman. Following consideration of the items presented, the Conm~ittee of the Whole arose without reporting.. ~l~a. MAYOR WAYNE THOMSON Council Chambers June 29, 1981 Council met on Monday, June 29, 1981 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 Orr offered the Opening Prayer. RESOLUTION No. 60 - CHEESMAN - FERA - RESOLVED that the City of Niagara Falls Join with a grieving nation in expressing our deepest sympathy to the family of the late Terry Fox. In such a short period of time Terry became an inspiration to all, giving courage a new meaning for Canadians. His ."Marathon of Hope" served to illustrate what one person with complete dedication can accomplish. We are all grateful for the opportunity of being able to share with Terry his hopes and dreams, and he has left an impact on all our lives which will never be forgotten. He was truly a remarkable person and a great Canadian; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ADOPTION OF MINUTES ORDERED on the motion of Alderman Baker, seconded by Alderman Dilts, that the minutes of the meetings held on June 8th, 1981 and June 15th, 1981, be adopted as printed. Carried Unanimously. PRESENTATIONS MR. MICHAEL ROBINSON - TENNIS CHAMPIONSHIP Michael Robinson, son of Mr. and Mrs. Gillard Robinson, a graduate of Westlane Secondary School in Niagara Falls, and taking a Masterrs Degree at the University of North Alabama was prssent at this meeting. He is 1981 Gulf Southern Conference Singles Tennis Champion at Alabama, U.S.A., and shared the Doubles Championship on the winning University of North Alabama Team. Mayor Thomson congratulated Michael on his studies and sports achievements, on behalf of the City of Niagara Falls. -2- REVEREND WILLIAM FINGLAND - 50 YEARS WITH ST. ANDREW'S UNITED CHURCH Mayor Thomson congratulated Reverend William Fingland, "Dr. Bill", and on behalf of the City of Niagara Falls, presented him with a scroll to commemorate the anniversary of the 50th year of his association with St. Andrew's United Church in Niagara Falls. Dr. Fingland received a standing ovation. Dr. Fingland discussed the p~ogress and ac~iVities which had~occurred during his 50 years with St. Andrew's Church, and commented on probable conditions of the future. Me expressed his thanks for the award. Dr. Fingland also presented a cheque to be forwarded to the Terry Fox Memorial Fund. Mayor Thomson announced an Open House to be held at St. Andrew's United Church on Sunday, July 5th, 1981 between 2:00 and 4:00 p.m. to honour Dr. Fingland. HUMANE SOCIETY - FILM PRESENTATION A film on Man and His Dog, produced in Toronto, Ontario, was presented by the local Humane Society. This submission gave an enlightened view of the operation' and activities of the Society, as well as a thought provoking opinion of b,,mnn responsibilies to animals. Mrs. Pat Gunning, President of the Niagara Frontier Humane Society advised Council that this film has been purchased by the Society and can be available to any group or organization on request. DEPUTATION JOHN N. ALLAN PARK Mr. W. Hunter was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Orr. Mr. Hunter asked Council to 8ire very serious consideration to all the facts before making a decisiun on the sale of John N. Allan Park, and if the decision is not to be an im~nediate one, he would like to hold another picnic there. Mr. Hunter also requested a couple of weeks' notice prior to a meeting being held to discuss the possible sale of the park. Mayor Thomson advised that there will be ample public notice of a meeting to be held to discuss John N. Allan Park, and everyone in the community will have an opportunity to be present and express opinions. UNFINISHED ,BUSINESS TRANSFER OF COMMERCIAL AIR SERVICES TO PAN-AIR HELICOPTERS LTD. Report No. 443 - City Solicitor - The report recommends that the attached decision of the Minister of Transport dismissing the City's appeal from the decision of the Air Transport Co,,n~ttee of the Canadian Transport Commission (the Commission) be noted and this report be received and filed. Nayor Thomson referred to the letter from the Minister of Transport and a telephone conversation with the Minister's assistant indicating a further investigation by the Ministry on this matter will be held to ascertain if any additional action might be possible. OBDERED on the motion of Alderman C,,mm~ngs, seconded by Alderman F era, that the report. be received and adopted. Carried Unanimously. ONTARIO MUNICIPAL BOARD - SHADY NEST MOTEL Report No.44~ - City Clerk - The report recommends that the conditions in the decision of the Ontario Municipal Board attached to this report be .noted, and t~at, before any decision is made with respect to the~conditions -3- in the Board's Order, Council hear all persons who wish to speak on the matter, and that this report be received and filed. ORDERED on the motion of Alderman Kerrio, seconded by Aldenan Cheesman, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 183 - Willoughby Volunteer Fire Department - Re: Special Occasion Penit. The communication requests a permit for a beer tent for July 18th, 1981. ORDERED on the motion of Alderman Schisier, seconded by Alderman Merrett, that the request be approved subject to established policy. The motion Carried with Alderman Somerville abstaining on a conflict of interest, and 'all others voting in favour. No. 184 - Stamford Centre Volunteer Firemen's Association - Re: Special Occasion Penit. The communication requests approval of a special occasion permit to operate a tournament, a beer tent, and sell refreshments at Firemen's Park on July 11 and 12, 1981. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that the request be approved subject to established policy. The motion Carried with Alderman Cummings abstaining on a conflict of interest, and all others voting in favour. No. 185 - Dinosaur & Red Stallion C.B. Clubs - Re: Special Occasion Permit. The communication requests approval of a special occasion permit to operate a beer tent at Oaklands Tent & Trailer Park on August 21, 22 and 23, 1981. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that the request be approved subject to established policy. Carried Unanimously. No. 186 - Niagara Falls Family Y.M.C.A. - Re: Special Occasion Permit. The communication requests approval of a special occasion penit to dispense alcoholic beverages from a marquee at Palmet Park on July 31, and August 1, 2 and 3, 1981. . ORDERED on the motion of Alderman Schisler, seconded by Alderman Herrerr, that the request be approved subject to established policy. Carried Unanimously. ~ No. 187 - Stamford Centre Volunteer Firemen's Association. Re: Horseshoe Tournament. The communication invites members of City Council to participate in the S.C.V.F.A. Annual Horseshoe Tournament in Firemen's Park on July 11 and 12, 1981. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed, and as many members as possible attend the tournament. Carried Unanimously. No. 188 - Social Planning Council - Re: Canada's Guides for the Handicapped. The communication recommends that the City of Niagara Falls turn down the request of Mr. Wade for help in securing premises in this area as head- quarters for his operation. ORDERED on the motion of Alderman Cun~nings, seconded by Alderman Baker, that the recommendation be adopted. Carried Unanimously. No. 189 - Social Planning Council - Re: Accessibility Guides for the Bandicapped. The communication advises that guides are available for examination by Council and for distribution to the community. ORDERED on the motion of Aldenan Fera, seconded by Alderman Cummings, that the communication be received and filed, the Social Planning Council be commended for its involvement in the matter, and the Social Planning Council be assisted in distributing the guides to the community. Carried Unanimously. No. 190 - Social Planning Council - Re: Public Forum on River Road Area. The conmunication advised of an Open Forum to be held~at the Niagara Falls Library on Monday, July 6th, 1981 at 7:30 p.m. ORDERED on the motion of Alderman C,mmtngs, seconded by Alderman Merrett, that the communication be received and filed, and as many members of Council as possible attend. Carried Unanimously. 4 No. 191 - Conrail - Re: Removal of Travelling Representative. The communication advises of an application by Conrail to remove the travelling representative at Niagara Falls Station. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the communication be received and filed. Carried Unanimously. No. 192 - Niagara Regional Police - Re: Portage Road Pedestrian Crossing. The communication suggests three possible solutions to the problem. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be referred to staff for further investigation and the preparation of a report. Carried Unanimously. No. 193 - Niagara Falls Public Library - Re: Property at Northwest Corner of Buckley Avenue and Simcoe Street. The communication advises of a need for additional parking facilities and suggests the lot at Buckley Avenue and gimcoe Street. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 194 - Port Colborne - Re: Interest P~tes. The communication requests the support of the City of Niagara Falls in endorsing a resolution being sent to the Premier of Ontario, the Federal and Provincial Treasurer, the local members of Parliament and the municipalities in the Region of Niagara, to petition the Honourable Pierre Elliott Trudeau, Prime Minister of Canada to take immediate steps to reduce the present high interest rate. ORDERED on the motion of Alderman Chessman, seconded by Alderman C,,mmtngs, that the resolution be endorsed. Carried Unanimously. No. 195 - Niagara Falls Review - Re: Niagara-on-the-Lake Bi-Centennial. The communication requests approval of the City of NiAgara Falls to extend congratulations to Niagara-on-the-Lake on its 200th Anni.v~rsary by way of a newspaper ad in the amount of $146.40. The ad to be included on Friday, July 3, 1981. ORDERED on the motion of Alderman Dilts, seconded by Alderman.C,,mm{ngs, that the request be adopted. Carried Unanimously. REPORTS No. 445 - Municipal Works Committee - Re: Westwood II S~bdivision. The report recon~nends that Council approve the installation of all sidewalks in the Westwood II Subdivision, at the unit prices submitted by Stephens and Rankin for contract R.C. 9-81 for finished roads in the Westwood II Subdivision. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 446 - Municipal Works Committee - Re: Control of Dumping at the Mountain Road Sanitary Landfill Site. The report, dated June 22nd, 1981, includes a number of recommendations regarding the control of dumping at this site. ORDERED on the motion of Alderman Dilts, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 44Z - City Manager - Re: Contract R.C. 12-81 Woodbine N.I.P] Area. The report recommends that the unit prices submitted by the low tendeter, L & N Construction, for contract R.C. 12-81, be accepted by Cohncil, subject to the award of the contract for Shriner's Creek Project. ,ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-Law No. 81-149. See Resolution No. 66. ,No. 448 - City Manager - Re: Consent Application B-146/81, W.& B. Batsman 'on Portage Road. The report reco~nends that staff be authorized to file -5- with the Ontario Municipal Board an appeal against the decision of the Land Division Committee with respect to the above consent application. A short discussion was held with the Director of Municipal Works regarding an appeal being made subject to the residents in the area being contacted when information concerning the date of installation of the sidewalks is received. Alderman Cummings pointed out that the people in the area were not aware of this item being on the Agenda. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted, subject to the notification of interested persons in order that the problem might be resolved, and the appeal withdrawn if necessary. Carried with Alderman Cummings voting contrary, and all others voting in favour. No. 449 - Parking & Traffic Committee - Re: Parking Lease Rates. The report recommends that the existing $75.00 annual lease rate be increased to $120.00 effective July 1, 1981. ORDERED on the motion of Alderman Merrett, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 450 - Parking & Traffic Committee - Re: Parking on Park Street. The report recommends that parking be prohibited at all times from the south side of Park Street from Erie Avenue to Ontario Avenue. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 4~1 - Parking & Traffic Committee - Re: Parking on Huron Street. The report recommends that the necessary by-laws be prepared to prohibit parking at all times from the north side of Huron Street from Valley Way to Erie Avenue and to restrict parking on the south side of Huron Street between Valley Way and on Ontario Avenue to a maximum of 2 hours between 9:00 a.m. and 5:00 p.m. Mondays to Saturdays. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 4~2 - Mayor Thomson - Re: Tourist Area Traffic Study. The report recommends that the existing contract with Lanmer-Fenco, Consulting 'Engineers, be extended by adding to the work progrnmme the activities attached hereto at a cost not to exceed $20,600 but subject to approval of both the Ministry of Transportation & Communications and the Ministry of Industry and Tourism to share this cost with the City at amounts not to exceed $12,800, $1,800 and $6,000 respectively. It is further recommended , that the attached resolution be approved. Alderman Merrett advised Council of the activities of the Advisory Committee and pointed out the opportunity of the City of Niagara Falls in a competitive market, and the Niagara Transit- Comm~ssion's willingness to participate in this "people mover system". The Traffic & Construction Engineer informed Council that a second study will investigate the operation of a bus. Mayor Thomson stated that the Tourist study is a cooperative effort of many interested groups representing N.R.T.A., Skylon, Maple Leaf Village, Marineland and Niagara Parks Commission, unanimously concurring with the City, in a unique transit system. Alderman Cheesman stressed the need to keep in mind the Niagara Transit system becoming part of the new system as opposed to a private one, and requested information on the source of funds for this project. The Traffic & Construction Engineer suggested $5,000 in the street lighting account as a possible source, and further stated that the proposed parking.facilities will not require additional financing. In reply to questions raised, the Traffic & Construction Engineer explained that the exact location of the "people mover system" will generally service the Clifton Hill, Panasonic and Marineland areas, and would not extend further north than the end of Queen Victoria Park and Dufferin Island on the south. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, -6- that the report be received and adopted. Carried with Alderman Orr voting contrary, and all others voting in favour. No. 453 - Finance Committee - Re: Statement of Revenue and Expenditures. The report recommends that the attached statements be reviewed, received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 454 - Finance Committee - Re: Shriner's Creek Project. The report includes a number of recommendations regarding the Shriner's Creek Project. Alderman Chessman outlined the reasons for reconmending the lending of this money to the Niagara Peninsula Conservation Authority, and Alderman Merrett explained his reluctant agreement in terms of possible problems, effort and time, increase in construction cost if delayed, as well as the boost for the building industry. Mayor Thomson explained that the tenders were below the estimates, an unusual occurrence indicative of present conditions in the construction industry. The inflationary interest trends, and interdependence with the N.I.P. and Shriner's Creek Areas were also discussed. Miss Jean Grandoni was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Cheesman. Miss Grandoni expressed concern with the intention of the Authority to fence the Creek, and the spring, which is used by deer and other wild animals in the area. She stated that this action would be opposed by residents in the area. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the Niagara Peninsula Conservation Authority be approached concerning the possible installation of a fence, and requesting an investigation and report to Council on this matter. Carried Unanimously. ORDERED on t~e motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 81-151 No.', 455 - City Manager T Re: Municipal Accounts. The report recommends payment of the Municipal Accounts. The City Treasurer and Director of Municipal Works provided additional information on Cheques #2897, 2923, 2929, 2937, 2944, 2984, 2985, 3023, 3040, 3069, and 3093. ORDERED on the motion of Alderman C-mmtngs, seconded by Alderman Chessman, that staff prepare a report on $3093, Oakes Park bleachers. Carried Unanimously. Alderman Orr requested a report on Cheque ~3040, Parking meter bags. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the report be received.and.:adop.ted. Carried. Unanimously. No..~56 - Finance Committee - Re: Memorlal School. It was recommended by the Finance Committee that $120,000 be offered to purchase the Memorial School, ~ith conditions on the offer to include fixtures and closing of the purchase to be dated 'July 22nd, 1981. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the recommendation be adopted. Cartled with Alderman Chessman abstaining on a conflict of interest, and all others voting in favour. See By-law No. 81-i52 No. ~57 -Finance Committee .- Re: Badminton 'Club Agreement. The report ~eco~nends that the attached draft agreement between the City and the Badminton Club be approved and the Legal Department be asked to proceed with the appropriate action, and further recommends that a grant of $7,500 be provided to the Niagara Falls Badminton Club. the report be received and adopted. Alderman Cummings pointed out that this Club is a necessity in the ~City of Niagara Falls for all age 8roups. ~ORDERED on the motion of Alderman Cvmmtngs, seconded by Alderman Orr, that Carried Unanimously. See By-law No. 81-155 No. 458 - City Manager - Re: Proposed Amendment to Sign By-law. The report recommends that Council not amend the Sign By-law to increase the maximum area of ground sign to 327 square feet. Mr. Allen R. Goar, Vice-President of Group II Development Limited pointed out the area concerned, being the Town & Country Plaza, on a map, demonstrating where the present sign is placed, and advising that the proposed sign would be double in size, and approximately five additional merchants would be included in the advertising. The Director of Buildings & Inspections advised Council that by changing the by-law for this plaza the City would be setting a precedent with the probability of such repercussions that the whole character of the City of Niagara Falls would be changed. He explained the reason for the specific size of signs included in the present by-law. ORDERED on the motion of Alderman Cunmings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 459 - City Manager - Re: Site Plan Approval for Proposed Commercial Building, 6144 McLeod Road. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed commercial building and being drawing number 1 of 4 dated June 10, 1981, and prepared by Clogs & Associates Limited, and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 24, 1981, subject to the conditions included in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 460 - City Manager - Re: Site Plan Approval for Midas Muffler Shop, 6910 Lundy's Lane. The report recommends that the Council approve, the site plan on display at tonight's meeting, being a proposed Midas Muffler Shop and being drawing number 8114 dated April 20, 1981, and prepared by N.V. Downlug and Associates Ltd. and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 25, 1981, subject to the conditions included in this report. The Director of Buildings & Inspections discussed with Council the location of the proposed site, being in the area of Lundy's Lane and Dorchester Road, and the Muffler Shop is permitted under Zoning By-law 79-200. Alderman Merrett pointed out that this is a very busy intersection, with homes in the area, although there appears to be nothing Council can do to suggest a different site for the Shop. The Director of Municipal Works pointed.out that Regional approval would be required since Dorchester Road is a regional responsibility. The Deputy City Solicitor expressed the opinion that there is little Council can do to change the zoning at the present time. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following votej AYE: Aldermen Baker, Cheesmen, Dilts, Fera, Kerrto, Orr, Schisler and Somerville. NAYE: Aldermen Cummings, Janvary, Merrett. No. ~6~ - City Manager - Re: Proposed Decorative Banners - Maple Leaf Village. The report recommends that City Council pass the By-law which is before Council tonight for placement of banners along Falls Avenue. The City Clerk advised that the statement iu the report including approvals from the Ministry of Transport and Communications, Niagara Parks Commission and the Bridge Commission should be deleted from the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted, subject to the deletion recommended. Carried Unanimously.- See By-law No. 81-j50 -8- No. 462 - City Manager - Re: Quotations for Plumbing and Electrical Services 'for City Owned Buildings. The report recommends that awards be made for Plumbing & Heating Services to Advance Plumbing & Heating, and for Electrical Services to Barnes Electric. ORDERED on the motion of Alderman Fera, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 463 - City Manager. 7 Re: Donation of Municipal Records. The report recommends that Council approve the request received from the Curator of the Lundy's Lane Historical Museum that the material outlined in their letter of June 2nd be given to the Board of Museums for display in the Lundy~s Lane Historical Museum. It is further recommended that the assessment records for the years 1953 to 1980 be given to Brock University for retention. Transfer of the documents to both the aforementioned parties is made on the understanding that information from the documents will be made available to any person requesting the same. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 464 - L.A.C.A. Committee - Re: Experience '81 Programme. The report relates the progress on the progress of the City's participation in the Experience '81 Programme, and requests Council to forward its personal thanks to Mr. Francis Ferric, the City's official Historian, for the success of the microfilming project which should be viewed by Council. OREEKED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 465 - City Manager - Re: First Aid Course. The report lists the employees of the City who have successfully completed the St. John Ambulance Safety Oriented First Aid Course. The City Manager reported further in this matter, to the effect that approximately 50% of the Arena personnel have completed the course which has been offered by the City on a voluntary basis. ORDERED on the motion of Alderman MetreSt, seconded by l'lderman Fera, that the report be received and adopted, and a further report from Staff on this matter. Carried Unanimously. No. 466 - City Manager --Re: Annual Conference - A.M.O. The report recom~nends that Council designate, by resolution, the members appointed as official voting delegates to the 1981 Conference of the Association of Municipalities of Ontario, and those members so appointed, together with the City Clerk, be authorized to attend the Conference. Mayor Thomson advised CounciLthat he woutd be efttitled to attend the Conference as a voting delegate for Regional Council. ORDERED on the motion of Alderman Cu.~tngs, seconded by Aldarman Kerrio, that the report be received and adopted, and Aldermen Chessman, MarreSt, Dilts, and the City Clerk be authorized to attend the A.M.O. Conference August 23rd to August 26th, 1981. Carried Unanimously. No..467 - City Clerk - Re: ReSOlutions .from Other Municipalities. The report recommends resolutions from the City of St. Catharines and Township of Tilbury.,West. be received and. filed,, the the resolutions from the City of Su~bury;'CityLof.North Bays Town of:'Tec~mseth and City Of Mississauga be endorsed. OREBRED on the motion of Alderman Cu~ntugs, seconded by Alderman MetreSt, that the report be received and adopted. Carried Unanimously. RESOLUTIONS ~o. 61 - MBRRETT - FEBA - RESOLVED that whereas the Penistry of Transportation and Communications and the M~nistry of Industry. and Tourism are participating with the City in a study of the City~s Tourist Comercial Areas and whereas City Coancil is of the opinion that further information, not presently provided for in the Consultants~ terms of references is necessary to make meaningful decisions; and Whereas this information can be provided by Lanmer-Fenco consultants at a ~total cost not to exceed $20,600~ and -Whereas the parking and traffic portion of this amount is estimmted to be $17s000~ subject to a 75I subsidy from the Ministry of Transportation and C~mmunicetions~ and - 9 - Whereas the tourjam portion of this amount is estimated to be $3,600 subject to a 50% subsidy by the Ministry of Industry and Tourism. Be it further resolved, that upon approval by both Ministries, a by-law be prepared to extend the existing agreement with Lanmer-Fenco; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 62 - SCHISLER - MERRETT - RESOLVED that the Willoughby Volunteer Fire Department be granted permission to operate a beer concession on July 18th, 1981, at the Willoughby Fire Hall, subject to the approval of the Regional Niagara Police Department, Niagara Falls Fire Department, Niagara District Health Unit, and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Somerville abstaining on a conflict of interest, and all others voting in favour. No. 63 - SCHISLER - MERRETT - RESOLVED that the Stamford Centre Volunteer Firemen~s Association be granted permission to operate a beer concession at Firemen's Park on July llth and 12th, 1981, subject to the approval of the Regional Niagara Police Department, Niagara Falls Fire Department, Niagara District Health Unit, and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Cummings abstaining on a conflict of interest, and all others voting in favour. No. 64 - SCHISLER - MERRETT - RESOLVED that the Dinosaur Club of Niagara Falls be granted permission to operate a beer concession at the Oaklands Tent & Trailer Park on Stanley Avenue, in conjunction with their "Camporama", to be held on August 21, 22 and 23, 1981, subject to the approval of the Regional Niagara Police Department, Niagara Falls Fire Department, Niagara District Health Unit, and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. ~ Carried Unanimously No. 65 - SCHISLER - MERRETT - RESOLVED that the Niagara Falls Family Y.M.C.A. be granted permission to operate a beer concession at Palmar Park on July 31st, August 1st, 2nd and 3rd, 1981, subject to the approval of the Regional Niagara Police Department, Niagara Falls Fire Department, Niagara District Health Unit, and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 66 - CHEESMAN - CUMMINGS - RESOLVED that the unit prices submitted by L & N Construction and Excavating of Niagara Limited for storm sewer, sidewalk, watermain construction and road reconstruction in the Woodbine N.I.P. Area be accepted at the tendered price of $712,728.25; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 67 - CUMMINGS - RERRIO - RESOLVED that ~fdermen Chessman, Dilts and MarreSt and the City Clerk be appointed as official voting delegates of the City of Niagar~ Falls to the 1981 Conference of the Association of Municipalities of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings~ seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time; No. 81-149 - A By-law to authorize the execution of an agreement with L & N Construction and Excavating Limited for watermain construction storm sewer construction, road reconstruction and sidewalk construction in the Woodbine Neighbourhood Improvement Program Area. No. 81-150 - A By-law to authorize an agreement with Maple Leaf Village Ltd. respecting the installation of banners on certain streets in the City of Niagara Falls. No. 81-151 - A By-law to authorize a loan to the Niagara Peninsula Conservation Authority to authorize the payment of funds out of the City~s Expansion & Renewal Fund for the Shriner~s Creek project. - 10 - No. 81-152 - A By-law to authorize the acquisition of land from the Niagara South Board of Education for park purposes. No. 81-153 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. No. 81-154 - 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. No. 81-155 - A By-law to authorize a lease with the Niagara Falls Badminton Club. No. 81-156 - A By-law to provide monies for general purposes. Carried with Alderman Cheesman abstaining on a conflict of interest on ~y-law No. 81-152, and all others votiBg in favour. 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. 81-149 - A By-law to authorize the execution of an agreement with L & N Construction and Excavating Limited for watermain construction, storm sewer construction, road reconstruction and sidewalk construction in the Woodbine Neighbourhood Improvement Program Area. No. 81-150 - A By-law to authorize an agreement with Maple Leaf Village Ltd. respecting the installation of banners on certain streets in the City of Niagara Falls. No. 81-151 - A By-law to authorize a loam to the Niagara Peninsula Conservetier Authority to authorize the payment of fundlt'out of the City's Expansion & Renewal fund for the Shriner's Creek project. No. 81-152 - A By-law to authorize the acquisition of land from the Niagara South Board-of Education for park purposes. No. 81-153 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. No. 81-154 - 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. No. 81-155 - A By-law to authorize a lease with the Niagara Falls Badminton Club. No. 81-156 - A By-law to provide monies for general purposes.- Carried with Alderman Chessman abstaining on a conflict of interest on By-law No. 81-152, and all others voting in fayour. " NEW BUSINESS LUNDY'S LANE HISTORICAL MUSEUM - MAINTENANCE, INSURANCE & 'APPOINTMENT Alderman Schisler referred to the condition of the roof On the Lundy's 'Lane Historical Museum and was assured by the City MAnager that construction on a new roof for the Museum is planned for September 1981. Alderman 8chisler further referred to the need for asphalt patching in the area where the oil tanks had been. He also questioned the matter of Insurance coverage and was advised by the City Clerk that a list of the contents is not~nally provided by the Museum for Insurance coverage, and that thismatter. will be investigated. ' - 11 - Alderman Schisler wondered if Mr. Lees had been formally appointed by by-law to the b~seqm Board and the City Clerk replied that this matter will be investigated. LEGAL MATTER - McLEOD ROAD STORM SEWERMAIN PROJECT The City Clerk referred to a legal matter which had been considered in Committee. Council is requested to authorize the City Solicitor to pay over to the Guarantee Company of North America the money being held back by the City less the 2% maintenance holdback and the estimated funds necessary to complete the works in respect of the contract with Spadco Construction Company Limited for the McLeod Road Storm Sewermain Project upon receipt of the Undertaking from the Guarantee Company of North America to guarantee the completion of the contract and to indemnify the City from all claims brought by reason of release of the funds and indemnify the City to the extent of the money paid over. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the request by authorized. Carried Unanimously. RYERSON MARKET PARK The City Manager addressed a letter for the information of City Council dated June 18th, 1981, advising of a tender opening held for the acquisition and moving of two houses known as 4490 and 4506 Ellis Street. No tenders were submitted. Mr. Fred Martin of Mouland Avenue, Niagara Falls, advised Council that he had submitted a letter concerning this matter to the Building Department and had received no reply. Mayor Thomson advised that the Direct6r of Buildings & Inspections was on vacation and had therefore, probably not seen the letter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the letter be received and filed, and the matter be investigated further. Carried Unanimously. COMMEMORATION SERVICE - TEREY' FOX The City Clerk announced a Commemoration Service being held for Terr~r~ox at Christ Church, River Road on Thursday, July 2nd, 1981, at 5:00 p.m. This will be an Ecumenical Service. The Niagara Unit of Canadian Cancer Society reqdested that this be proclaimed to the citizens of Niagara Falls, and the information was received from Cliff Gregory, President of the Niagara Falls Unit of the Canadian Cancer Society. ORDERED on the motion of Alderman Merrett, ~econded by Alderman Cummings, that the proclamation be endorsed. Carried Unanimously. DOR611ESTER/McLEOD ROAD- TRUCK TRAFFIC Alderman Orr referred to complaints received concerning truck traffic in the Dorchester and McLeod Road area from area residents who had hnderstood that ah alternate:route .totthe C.I.h; dumping ground'would ~e .provided when the area was built up. The City Manager advised that Council wished to discourage traffic on the Chippawn Creek Road since there wasn't an entrance to the Industrial Park around the Chippawn Parkway. He further advised that there had been no intention of stopping truck traffic as far as C.I.L. was concerned. Alderman Orr suggested that a petition might be submitted to Council by the residents. WELLAND RIVER - SIGNS Alderman Merrett advised Council that there is little recognition of the speed limit signs on the Welland River and requested additional signs might be posted. Mayor Thomson advised that the boat patrol personnel have been asked to notify the people of the speed limit in this area. The City Clerk informed Council that a request has been made for four additional signs which will be erected at the mouth of the Welland River as well as the Niagara Boa~in8 Club. - 12 - SIDEWAIJ< - KAI~a~R ROAD · Alderman Merrett requested information concerning sidewalks being built on Kalar Road, north of McLeod. The Director of Municipal Works advised Council that the sidewalks are on the east side of Kalar Road, and connect two subdivisions. This project was included in the subdiv- ision agreement and the City is in agreement with this being completed. BASEMENT FLOODING - FAIRWAY ROAD Alderman Fera referred to complaints he has recently received regarding basement flooding in the Fairway Road Area. He requested some action since there have been previous discussions of the problem. The Director of Municipal Works advised that a report had been received from Paul Thiel Associates on this matter, and the City is anticipating a further report from them. He advised that a discussion of this problem will be held at Staff meeting next week, the estimated cost has been received and will be within the amount allocated in the 1981 budget. Preparations will be completed and it is expected that the work will begin in the fall. TOURNAMENT - OAKES PARK Alderman Cum~{ngs advised that the Tournament held at Oakes Park was run very efficiently by Mr. Bob Lavelle and his committee, and provided a form of recreation that many citizens were could participate in. Wayne Cretzkywas in attendance and Alderman Cummings expressed the opinion that the children will long remember the day.of the Tournament. He further advised that Mr. Lavelle is doing an exceptional Job, and the decision of the City to create the position of Promotions Manager is a credit to the community. Mayor Thomson remarked on comments made through the media of the radio and newspapers regarding Mr. Lavelle's success in scheduling events in this municipality. TAXES Alderman Schisler read a letter from a citizen who has outstanding taxes, lost his Job, and had been admitted to hospital· He is now working but is having difficulty paying ~ax arrears under the ~resent policy of the City. Mayor Thomson advised that the tax payment policy had been approved by Finance Comfidttee and City Council, and therefore, this matter should be referred. to the Finance Committee for discussion and a report back to City Council. ORDERED on the motion of Alderman 8chisler, seconded by Alderman Orr, that this matter be referred to staff for a report to the Finance .Finance- Committee, and referred to the Finance Committee for a report to Council. CITY OF WELLAND - WATER LINE Alderman Schisler pointed out that it had been brought to his attention that the City of Welland will be extending a water line to the limit of the municipality on Lyons Creek Road. Re had a recent request from Irene and Raymond Chartrand to have the water main extended to their property which . is located imm~diatelywithin the boundary of the City of Niagara Falls and the City of Welland. The City Clerk advised that he had received copies of the letter and would investigate the matter. It was moved by Aldemnan Merrett, seconded by Alderman Fera, that the -,mactinS. adjourn to Comm{ttee of the Whole. Carried Unanimously. ADOPTED, · . COLLI~SONZ ~I~'C~E~' MAYOR WAYNE THOMSON COMMITTEE OF THE WHOLE Committee Room #1 June 29, 1981 Council met on Monday, June 29, 1981 at 10:30 p.m. in Committee of the Whole following a regular meeting of Council. All members of Council were present with the exception of Mayor Thomson and Alderman Puttick. Alderman Orr presided as Chairman. Following consideration of the Whole arose without reporting. presented, the Committee of the READ AND ADOPTED, COLLINSON, CITY CLERK MAYOR WAYNE THOMSON Council Chambers June 29, 1981 Council reconvened in formal session on Monday, June 29, 1981 . following a meeting in Committee of the Whole. All members of Council were present with the exception of Mayor Thomson and Alderman Puttick. The meeting adjourned. READ AND ADOPTED, ..~L.C~LLi~~ - YOR WAYNE THOMSON TWENTY-NINTH MEETING COMMITTEE OF THE WHOLE Committee Room July 13, 1981 Council met on Monday, July 13, 1981 at 6:30 p.m. in Committee of the W"nole. 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. . ~ a a MAYOR WAYNE THOMSON Council Chambers July 13, 1981 Council met on Monday, July 13, 1981 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Fera. His Worship, Mayor Thomson preside~ as Chairman. Alderman Schisler offered the Opening Prayer. PRESENTATIONS ACHIEVEMENT AWARD - MR. ROBERT JEDICKE His Worship, Mayor Thomson presented an achievement award to Mr. Robert 3edicke, a student of Westlane Secondary School. bit. Jedicke won 1st place in the Earth Science Division at the International Science and engineering fair for his project entitled "Galactic Star Distribution". HONOURARY PLAQUE - MR. DAN O'CONNOR His Worship, Mayor Thomson presented a plaque to Mr. Dan O'Connor in recognition of his many contributions and hard work in establishing and promoting youth soccer in the City. Mayo~r Thomson also presented Face. O'Connor with a gift from the City. UNFINISHED BUSINESS JOHN N. ALLAN PARK Report No. 468 - Recreation Commission - The report recommends that if John N. Allan Park is to be relocated~ that Council consider certain cond t t ions · AND Report No, 469 - City Manager - The report recommends that Council direct staff to follow the conditions recommended by the Recreation Commission, or as may be revised by Council, to investigate the availability of alternate sites for a park in the .immediate vicinity of the present J.N, Allan Park, Aideman CumminSs felt that the reports should have included information on what can be done to further develop the park if Council decides against its sale. Mayor Thomson pointed out that this information can always be obtained at a later date, and the report had been presented basically for information as a guideline to Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr~ that Report No. 468 be adopted as a guideline to the Council. The motion Carried with Alderman Dllts abstaining on a conflict of interest, and all others voting in favour, Alderman Baker inquired if it was the City's responsibility to find an alternate site for the Park, if the decision was made to sell -2 - the property. Mayor Thomson indicated that several alternate sites had been suggested by private individuals, and the City would have to investigate them in addition to the factors outlined in the report. Alderman Cummings did not feel staff should be spending time to look for alternate sites. Alderman Merrett commented that Council owed it to the public to make a decision based on all available information, such as that outlined in the report. Alderman Kerrio noted that it would be irresponsible of C~uncil to close its eyes to the possibility of a better park possibly with, better facilities. ORDERED on the motion of Alderman Marreel, seconded by Alderman 0rr~ that Report No. 469 be received and adopted. The motion Carried with Alderman Cummings voting contrary~ Alderman Dills abstaining on a conflict of interest, and all others voting in fayour. CO~4UNICATIONS Recreation Complex on Drummond Road for a further term of ten years. AND No. 197 - Niagara Falls Lions Club - Re: Dr. Fingland Recreation Complex. The communication provides information on monies. expanded on the subject complex. AND Report No. 470 - City Manager - Re: Niagara Falls Lions Club and Lease of Dr. FinEland Day Care Centre and Recreation Complex. The report recommends that Council approve, in principle~ the renewal and extension of the term of the lease to the Niagara Falls Lions Club for a further term of 10 years and that staff be authorized to enter into negotiations with the Club with respect to the details. -- Mr. Slovak requested that Council authorize staff to negotiate with the Club without any monetary stipulations attached at this timer and that the Club be permitted.to return to Council with plans for additional improvements to be made to the site. ORDERED on the motion of Alderman Dills, seconded by AIderman Cunm~ings, that~ the report be received and adopted subject to negotiations being carried on[ without the Lions Club being required to make any financial commitments on the lease for the next ten years.. The motion Carried with Alderman Janvary abstaining on a conflict of interest, and all others voting in fayour. No. 198 - Indian Defense League of ~merica - Re: Parade Permit. The report requests permission to hold the annual Border Grogsing Parade on July 18, 1981. In response to a question raised by Alderman Cummings, the Director of Recreation advised that discussions have been held with representatives of the League regarding the use of Oakes Park. ORDERED on the motion of Alderman Schisler, seconded by Alderman Somervitle,i that approval be granted subject to the applicants receiving similar approva from other affected .~thorities. Carried Unanimously. No. 199 - Residents of Portage Road, Virginia Street and Carroll Avenue - Re: Sewer and Flooding Problems. The communication requests the City and/or Region to assist in resolving flooding problems experience~ in this area. The Design & Research Engineer provided additional information in 'response to a number of questions raised by Alderman Puttick~concernin~ drainage on Portage Road. ORDERED on the motion of Alderman Chessmant seconded by Alderman Cummings, that the communication be referred to staff for the preparation of a report. Carried Unanimously. " No. 200 - Niagara ~rape & Wine Festival - Re: Festival Events. The co~wnunication requests approval of two special occasion permits for wine : gardens to be held on September 24, 25 & 26 at the Centennial Square and the Farmers Market in conjunction with the Grape & Wine Festival. AND No. 201 - Alderman W. Stevenson, St. Catharinee City Council - Re: Monte Car Events. Tee commun.icatio~;,equests permission to operate two Monte Carlo -3 - nights on September 22 and 23, 1981 in the Lillie LanEtry Dinner Showroom at Maple Leaf Village. With respect to the second communication, Alderman Cummings pointed out that Council had adopted a recommendation of the Social Planning Council which indicated that no permits for such events would be issued to out-of- town or non-charitable organizations. Alderman Merrett felt that the Council had to take into consideration the fact that many visitors participating in the Grape & Wine Festival would be errangleE for accommodation locally, since Niagara Falls has more facilities for visitors than St. Catharines. Since certain events were going to be held locally, and meetings had been held with the organizers for the Grape & Wine Festival~ the Alderman suggested the request could fit under the policy. Mayor Thomson also pointed out that the more successful the Grape & Wine Festival is~ the more Niagara Falls will benefit. The Mayor felt it might be embarrassing for the City in the future if certain concessions are asked for, particularly with the possibility of a Regional tourist council in the future. St. Catharines could insist on keeping all of the events in their City in the future and keep Niagara Falls out of it. AIderman Cummings stated that during the recent slo-pitch tournament sponsored by the City, some of the events had taken place in St. Catharines and many people stayed in St. Catharines. If the City grants the request, the money would be leaving the City and staying in St. Catharines. AIderman Marreel stated that the City of St. Catharines donates funds and staff time to the Festival~ and all funds generated during the Festival are put back into the Festival. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Chessman, that the requests for special occasion permits be approved subject to established policy. Carried Unanimously. It was then moved by Aiderman Puttick, seconded by Alderman Orr, that the request for a Monte Carlo event be approved. The motion Carried with AIdermen Cummings and Schisler voting contrary~ and all others voting in fayour. ~ See ResoIution No. 68 AIderman CueminEs requested that the Social Planning Council be advised of Council's action in the matter. No. 202 - The Children's Rook Centre - Re: Children's Book Festival Week. The communication requests that the week of November 16 - 21 be proclaimed as Children's Book Festival Week in Niagara Falls. ORDERED on the motion of Alderman Cummingsj seconded by Alderman Orr, that the request be approved subject to established policy. Carried Unanimously. No. 203 - Niagara Fastball Association - Re: Annual Tournament. The communication requests approval of a special occasion permit in conjunction with an annual tournament to be held July 17 - 19, 1981 at Ker Park. ORDERED on the motion of Alderman Cummings, seconded by Alderman Bakert that the request be approved subject to established policy. Carried Unanimously. See Resolution No. 69 REPORTS No. 470 - Planning Director - Re: Zoning By-law 79-200 as Amended by By-law 81-62 and Site Plan Control Areas under Section 35a of The Plannin8 Act. The report recommends passage of two by-laws making certain changes in the designation of site plan control areas as a result of the passing of By-law 81-62. ORDERED on the motion of Aideman Dllts, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See By-laws 81-161 and 81-162 ' No. 471 - City Manager - Re: Encroachment on Ontario Avenue. The report rac0mends that the application for the passage of a by-law to permit the continuation of encroachmeets of saves and cantilevered projection of a building, municipally known as 4394 Morrison Straet~ be approved~ and -4- passage of the appropriate by-law authorizing the encroachment. ORDERSD on the motion of Alderman Chessman, seconded by Alderman Eerrio, that the report be received and adopted. Carried Unanimously. See By-law 81-163 No. 472 - City Manager - Re: Sale of Lot 42, Registered Plan 160 from Cupolo to L. & N. Construction. The report recommends approval of the preparation and passage of a by-law to authorize the execution of the documents required to release the owner of Lot 42, Plan 160, from the restrictions contained in paragraph No. 4 of the original conveyance dated the 5th day of April, 1946, from the Township of Stamford to Joseph Reiss and Daniel Manson. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 473 - City Manager - Re: Proposed Subdivision, Block B, Plan M-52, File No. 26T-78007. The report recommends that the Regional Municipality of Niagara be advised that the City of Niagara Falls concurs with a one year extension of draft plan approval to September 5, 1982~ in respect to the subject subdivision. ORDERED on the motion of Aiderman Cum~ningss seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. No. 474 - City Manager - Re: Bright's Subdivision, File No. 26T-76060. The . report recommends that the Subdivisions Branch of the Ministry of Housing be~' advised that the City of Niagara Falls concurs with a one year extension of draft plan approvals to September 23, 1982, in respect to the proposed : Bright's Subdivision. Alderman Baker expressed his concern about the extension of the subject draft plan approval, conmenting that the subdivision would likely be on the books for some time in view of the reasons outlined in the report. The Alderman suggested that Council should-start looking at the extensions and tell people if they are not willing to develop, they can come back when they are ready to build. Mayor Thomson advised that the developers of the subdivision had been in touch with the City recently with respect to changing the entire scope of the development. The Mayor felt it would make it very difficult for developers if the City were to adopt the position suggested by Alderman Baker. The Planning Director advised that discussions had been held recently regarding a review of subdivision agreements and technical details, and it was the intention of the City Manager to have a report prepared which would provide an overview of development in the City. In response to a question raised by Mayor Thomson, the Planning Director advised that authority is provided to give the City the prerogative of updating proposals and agreehen made on subdivision developments. It is to the Cityss advantage that Council approval is required for such extensions. Alderman Puttick pointed out that it was to the developer'8 advantage to develop his lands as quickly as possible, and the City should be encouraging developers to builds not denying renewals that are required. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimous: No. 475 - City Manager - Re: Contract W.I. 13-81, Watermai~ Installations ,Stanley Avenue from Fraser Street to the HEPC Canal and on Thorold Stone Ros~ from the HEPC Canal to approximately the C.N.R. The report 'recommends acceptance of the unit prices submitted by R. & A. Construction for the subject contract. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dllts, that' the report be received and adopted. Carried Unanimously. See Resolution N0 See By-law No. 81 No. 476 - City Manager - Re: Contract G.C. 15-81, Sewermains~ Watermains and~ Base Road Construction in Monroe Extension Subdivision. The' report recamen · acceptance of the unit prices submitted by Provincial Construction (Niagara .Falls) Limited for the above contract. -5- Communication No. 204 - Group 2 Development Limited - Re: Contract G.C. 15/81, Monroe Subdivision Extension II Underground Services. The communication requests that consideration of the subject tender be delayed for two weeks until July 27, 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be tabled for two weeks. Carried Unanimously. No. 477 - City Manager - Re: 1981 Capital Budget Project - Paul Theil Proposal for Flood Relief in the City of Niagara Falls. The report recommends passage of a by-law authorizing an agreement with Paul Thiel Associates Limited for engineering services in regard to flood relief works in the Chippaws and Rolling Acres areas of the City , and a by-law authorizing the construction of sanitary sewer relief works as proposed by Paul Theil Associates Limited. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-laws 81-164 and 81-165 No. 478 - City Manager - Re: Fencing - Shriner's Creek Project. The report provides information regarding fencing of property acquired for the Shriner's Creek project. Additional information was provided by the Design & Research Engineer in response to a question raised by Alderman 3artvary. ORDERED on the motion of AIderman Cummings, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimously. No. 479 - City Manager - Re: Parking on Binmonte Parkway. The report recommends that parking be prohibited on the westerly side of Binmonte Parkway from its southerly limit to its intersection with the 420 access road. The report further recommends that parking on the east side of this section of roadway be limited to ten minutes. Aiderman Puttick felt the ten minute parking restriction would be difficult to enforce, and suggested that the problems being experienced would more likely be resolved by an actual parking prohibition. Mayor Thomson advised that the ten minute restriction was being tried at the request of the Medical Arts pharmacys on an experimental basis. If this action is not effective in resolving the problem, the matter will be reported back to the City. It was suggested that the matter be reviewed by the Municipal Parking & Traffic Committee. ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the report be received and adopted and the matter reviewed by the Municipal Parking & Traffic Committee. Carried Unanimously. No. 480 - Municipal Works Committee - Re: Revenue - Private Sewer Lateral Cleaning. The report recommends that the charges for private sewer lateral cleaning be set as follows: (a) Manday t~ough Friday, exclusive of holidays from 8:00 a.m. to 3:15 p.m. - $20.00; (b) Monday through Friday, exclusive of holiays from 3:15 p.m. to 4:00 p.m. - $55.00; (c) Saturdays, Sundays holidays and any other day after 4:00 p.m. or before 8:00 a.m. - $90.00; and that By-law 76-16 be repealed and replaced with a new by-law establishing the rates recommended for sewer lateral cleaning. Mayor Thomson provided additional information on the increases in response to a question raised by Alderman Cummings. ORDERED on the motion of AIderman Dilts, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 481 - Municipal Works Committee - Re: Rusty Water - Chippaws Parkway. The report recommends that: 1) The 4" watermain on Chippaws Parkway be interconnected with an existing 6" diameter watermain on Daly Street as soon as possible; 2) The 6" diemeter watermain from Portage Road to Pc11 Street, which is currently proposed for inclusion in the 1984 Capital Budget be considered for inclusion in the 1982 Capital Budget; and 3) That staff be authorized to commence the design of and obtain approvals for this watermain on Chippawa Parkway immediately so that this watermain can be installed in 1982. ORDERED on the motion of Alderman Dilts~ seconded by Alderman Merretts that the report be received and adopted. Carried Unanimously. No. 482 - Municipal Works Committee ~ Ro: Purchase of Equipment 1981. The report recommends that the Purchasin8 Department be authorized to call tenders for all power equipment~ with the exception of the one-man packer~ -6- shown in the 1981 Equipment Section budget. Further the purchase of the one-man packer be subject to a more detailed report on garbage collection. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. No. 483 - Municipal Works Committee - Re: Repairs to Champion Road Grader #218. The report recommends that staff be permitted to have an exchange 6 cylinder Cummins Diesel engine installed in the City of Niagara Falls road grader number 218. ORDERED on the motion of Alderman Dilts, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 484 - Municipal Works Committee - Re: Policy on Construction of Driveway Entrances. The report recommends that the following wording be added to the City's existing policy on eonstruction of driveway depressions throgh existing curbs and sidewalks - "In unusual and special circumstancesl~ where no driveway entrance has been provided for a dwelling unit, the Director of Municipal Works in his discretion may authorize that the cost of construction of the driveway entrance through existing curbs and sidewalks be on a 50/50 cost-sharing basis between the owner and the City. ORDERED on the motion of Alderman Baker, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. P~TIFICATION OF CO~e4ITTEE OF THE WHOLE It was moved by AIderman Dilts, seconded by Alderman Cummings, that staff be authorized to proceed with a tender call to complete as much of the works as the remaining funds in the Subdivision account for Dorchester Square Subdivision, will allow. Carried Unanimously. No. 485 - City Manager - Re: Municipal Accounts. The report reconnends payment of the municipal accounts. Additional information was provided on Cheque, ~81, #3182, ~3210, #3267, #3282, #3287, #3341 and #3353 in response to questions raised by Aldermen Cummings, Merrett and Puttick. With respect to Cheque #3210, Alderman Cunnnings asked that staff investigate the possibility of using summer students for painting of City pools as opposed to hiring a contractor~ ORDERED on the motion of Alderman 0rr, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Baker and Cheesman abstaining on Cheques #3323 and #3164'F~espectively, Alderman Puttick voting contrary on Cheque #3270, and all others voting in favour. No. 486 - City Manager - Re: Co-operative Tender, Gasoline, Diesel Fuel and Lubricant. The report recommends that the low bid of Gulf Oil Canada Limited be accepted at $0.3035 per litre for regular gasoline, $0.3255 per litre for unleaded gasoline and $0.2975 per litre for diesel fuel, and further that Gulf Oil Canada Limited be awarded the tender at the unit prices bid for the Ctty's lubricant requirements. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvarys that the report be received and adopted. Carried Unanimously. See Resolution No No. 487 - City Manager -'Re: Buildings & Inspections Department Report for June 1981. The report provides current news relative to statistics, development proposals and other noteworthy data that has emerged during the period covered by the report. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 488 - City Manager - Re: Property Standards By-law 74-204, Roger Goegan 4885 River Road. The report recommends under claus~ (a) of sub-section 7.10.4 of By-law 75-204 that the Corporation retain a wrecking contractor to forthwith complete the work which Mr.Coegan was directed to carry out under the Order given June 8, 1981, and that pursuant to sub-section 7.10.5 T'.of said By-law No. 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. In response to a n~mber of questions raised, the City Solicitor and -the Chief Property Standards Officer provided additional information on the statue of efforts to have property owned by Mr. J. Oraaskamp comply with .the Property Standards ORDERED on the motion of Aldermap Baker, seconded by Alderman Orr, that the 'report be received and adopted: Carried Unanimously. - 7- No. 489 - City Manager - Re: Property Standards By-law 74-204, Leon Sharon, 8066 and 8078 Norton Street. The report recommends under Clause (a) of sub-section 7.10.4 of By-law No. 74-204 that the Corporation retain a wrecking contractor to forthwith complete the work which Mr. Sharon was directed to carry out under the Order givenSuns 1, 1981 and that pursuant to sub-section 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. ORDERED on the motion of Alderman Baker, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 490 - City Manager - Re: Property Standards By-law 74-204, S.B.K. Management Inc. 2715 Portage Road. The report recommends under clause (a) of sub-section 7.10.4 of By-law 74-204 that the Corporation retain a wrecking contractor to forthwith complete the work which S.B.K. Management Inc. was directed to carry out under the Order given June 23, 1981 and that pursuant to sub-section 7.10.5 of said By-law No. 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. ORDERED on the motion of Alderman Baker, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 491 - City Manager - Re: Demolition Tenders, 4506 Ellis Street. The report recommends that C. Arcuri Construction be awarded the contract for the demolition of one building in the Ryerson Park Development Area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See Resolution No. 72 No. 492 - City Manager - Re: House for Sale, 4490 Ellis Street.' The report recommends that Alder Equipment be awarded the contract for removal of one building in the Ryerson Park Development Area. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 73 No. 493 - City Manager - Re: Security Deposits for Repairs to City Property through Damages caused by Construction Operations. The report recommends that the City Solicitor be authorized to amend By-law 76-59 to provide for increases in the payment of deposits upon application for a building permit as outlined in Appendix "B" attached. Mayor Thomson advised that he had received calls from persons erecting a shed in their rear yard, and they had been required to pay the security deposit. This deposit was then held up several months in some instances, and the Mayor felt the deposit was not Justified in certain circumstances. The City Manager provided additional information on the reason that secur.ity deposits were required. Alderman Cummings suggested that the matter be deferred for several weeks in order to review the necessity of the security deposits for minor construction projects. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be tabled for two weeks. Carrled Unanimously. No. 494 - City Manager - 1980 Annual Report of the City Manager. The report provides information on the 1980 operations in the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimously. No. 495 - City Manager - Re: By-law Closing of Ellis Street between St. Clatr Avenue and Cryslat Avenue. The report recommends that Council hear any person who claims his land will be preJudlcially affected by the proposed by-law to stop up and close that part of Ellis Street between St. Clair Avenue and Cryslat Avenue; and passage of the by-law subject to there being no valid objections. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orrs that the report he received and~ adopted. Carried Unanimously. See By-law No. 8~-157 No. 496 - Mayor Thomson - Re: Creation of Pedestrian Walkways, Plans of Subdivision. The report recommends that staff, in conjunction with the -8- Planning & Development Committee, review the practice used in the past by the Municipality in requiring the creation of pedestrian walkways in plans of subdivisions, and further that the matter of maintenance on walkways be reviewed in order that current problems associated with these facilities might be overcome. Alderman Merrett suggested that the Fire Department be involved in any review of the subject due to that Department's previous interest in the provision of walkways. ORDERED on the motion of Alderman Marfelt, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. No. 497 - Mayor Thomson - Re: Assistance to Recipients of U.S. Social Security. The report requests endorsement of an undertaking to assist in obtaining U.S. Social Security pension payments for those residents in Niagara Falls receiving this pension. Mayor Thomson stated that Miss Barbara Scott of the Clerk's Department and his Secretary, Miss Netta Mathieson, had put in a great deal of time in arranging for the cheques to be dletributed, and requested that Council officially thank these employees for their efforts. ORDERED on the motion of Alderman Cun~nings, seconded by Alderman Fern, that the report be received and adopted, and that Councll's appreciation be extended to Miss Scott and Miss Mathjason. Carried Unanimously. Communication No. 205 - Miss Edith Tunnay - Re: Truck Traffic on Fourth Avenue. The communication requests assistance in having trucks use the Stanley Avenue entrance to the Cyanamid Plant as opposed to the Fourth Avenue entrance. Mayor Thomson advised that he and the City Manager had met with official/ of the Cyanamid plant regarding the suggestion of using Stanley Avenue as an entrance to the plant, and this matter is being investigated. The Mayor also indicated that the condition of Fourth Avenue in this area was also contributing to the vibrations given off by the large trucks using the street as access to the plant. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be referred to the Municipal Works Committee. Carri, Unanimously. RESOLUTIONS No. 68 - CU~fi4INGS - CHEESMAN - RESOLVED that the Downtown Business Associati be granted special occasion permits for events to be held at the Centennial Square in front of City Hall and at the Farmers' Market Pavilion on Park Street, both to be held on September 24th, 25th and 26th, 1981, subject to the approval of the Niagara Regional Police Department~ the Niagara Fire Department~ the Niagara District Health Unit, and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto 'affixe · Carried UnanimoUsl No. 69 - CU~4INGS - BAKER - RESOLVED that the' Niagara Fastball Association granted permission to conduct a Beer Garden in conjunction with their Annua Fastball Tournament at Ker Park on July 17th, 18th and 19th, 1981, subject to the approval of the Niagara Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit and 'the Liquor Liceasia8 Board of Ontario; AND the Seal of the Corporation be hereto affix~ Carried Unanimous] No. 70 - CHEESMAN - DILTS - RESOLVED that the unit prices submitted by R. & Construction for the Installation of watermains on Stanley Avenue and on 8tone Ready be accepted at the tendered price of $84,147.10; AND the Seal o[ the Corporation be hereto affixed. Carried Unanimous No. 71 - CUMMINGS - JANVARy - RESOLVED that the unit prices submitted by Gulf Oll Canada LImited be accepted at $0.3035 per litre for regular gasoline, $0.3255 per litre for unleaded Sagoline and $0.2975 per litre for diesel fuel; and further that Gulf Oil Canada Limited be awarded the tender for the City's lubri~an~ requirements; AND the 8eel of the Cot be hereto affixed. Carried Unanimous] -9- No. 72 - CUMMINGS - SCHISLER - RESOLVED that the total price submitted by C. Arcuri Construction for the demolition of 4506 Ellis Street, be accepted in the amount of $1,095.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 73 - MERRETT - BAKER - RESOLVED that the tender received from Alder Equipment Limited for the removal of the house at 4490 Ellis Street, be accepted in the amount of $225.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the following by-law be now read a third and final time: No. 81-35 - A By-law to provide for the issuing of liceaces and payment of fees therefor for the hunting of pheasants and rabbits within a part of the City of Niagara Falls. Carried with Alderman Schisler voting contrary, and all others voting in favour. ORDERED on the motion of Alderman Dills, seconded by Alderman Cummings, leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-157 No. 81-158 No. 81-159 No. 81-160 - A By-law to stop up and close part of Ellis Street. - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Park Street, Huron Street) - A By-law to authorize the execution of an agreement with 416871 Ontario Limited carrying on business as R & A Construction, for the installation of watermains on Stanley Avenue from Fraser Street to the HEPC Canal and on Thorold Stone Road from the HEPC Canal to an existing 8 inch watermain at C.N.R. - A By-law to authorize the execution of grants of easement for a sanitary sewermain. No. 81-161 - A By-law to designate certain areas in the City of Niagara Falls as site plan control areas. · No. 81-162 No. 81-163 No. 81-164 No. 81-165 - A By-law to amend By-law No.~79_204 to designate certain areas in the City of Niagara Falls as site plan control areas. - A By-law to permit the eaves and cantilevered projection of a building to encroach on Ontario Avenue. - A By-law to authorize the execution of an agreement with Paul This1 Associates Limited for engineering services for flood relief works. - A By-law to authorize the construction of a sanitary sewer relief system as an improvement and extension to the sewage system in the urban service areas of the City. (Harts Circle~ Harriman Street, R~usseau Place and Appleford Avenue) No. 81-166 - TABLED No. 81-167 - A By-law to provide monies for general purposes. Carried with Aldermen Baker and Chessman ab- staining on a conflict of interest on By-law 81-167, Alderman Puttick: voting contrary on By- law 81-167~ and all others voting in layout. - 10 - ORDERED on the motion of AIderman Dllts, seconded by AIderman Cummings, that the following by-laws be now read a second and third time: No. 81-157 - A By-law to stop up and close part of Ellis Street. No. 81-158 - A By-law to amend By-law ~o. 3790 being a by-law for the regular' of traffic. (Park Street & Huron Street) No. 81-159 No. 81-160 - A By-law to authorize the execution of an agreement with 416871~ Ontario Limited, carrying on business as R & A Construction, fo~' the installation of watermains on Stanley Avenue from Fraser to the MEPC Canal and on Thorold Stone Road from the HEPC Canali to an existing 8 inch watermain at C.N.R. - A By-law to authorize the execution of grants of easement for sanitary sewermain. No. 81-161 No. 81-162 No. 81-163 - - A By-law to designate certain areas in the City of Niagara Fallil site plan control areas. ~ - A By-law to amend By-law No. 79-204 to designate certain areas in the City of Niagara Falls as site plan control areas. A By-law to permit the eaves and canttlevered projection cf a building to encroach on Ontario Avenue. No. 81-164 - No. 81-165 - No. 81-166 - No. 81-167 - A By-law to authorize the execution of an agreement with Paul Associates Limited for engineering services for flood relief w0! system as an improvement and extension to the sewage urban service areas of the City. (Harts Circle, Hartimam Stree~ Rousseau Place and Appleford Avenue) TABLED A By-law to provide monies for general purposes. Carried with AIde Baker and Cheesm staining on By-Is n r NEW BUSINESS POTTBEY BUSINESS - CHIPPAWA ~ , Alderman Dilte advised that he had received calls from various merchantT in Chippawn concerning a trailer set up on Portage Bead for the selling of Pottery. According to his information, Alderman Dilts did not think the er Department with plans for having the trailer made into a permanent structure" It was moved byI Alderman Dilts~ seconded by Alderman Baker, that staff take immediate action with respect to the business operator obtaining a business licence~ and further that a report be submitted to Council on the action tak~a ,Carried Unanimously, COMPLAINT8 , VAC~a~T LOT ON RONNIE CRESCENT Alderman Ctmnings submitted a witten complaint from a resident of Ronnie Crescent concerning weeds and refuse on a vacant lot immediately adjacent, It was moved by Alderman C~mmings~ seconded by Alderman Dilts~ ~.that the complaint he referred to staff to resolve the problem, Carried .~nanimously, . FINANCE C0NNITTEE Alderman Chessmen reminded members of Council that a meeting of the Finance Cemmittee would be held on July 15the 1981, - 11 - SPEED LIMIT ON LYONS CREEK ROAD Alderman Baker advised that patrons of 0akland's Golf Course must cross Lyons Creek Road as part of the course, and difficulties are experienced because of the 80 kph speed limit in this area. It was moved by Alderman Baker, seconded by Alderman Cummings, that the Region be requested to consider reducing the speed limit in this area. Carried Unanimously. TRAFFIC - BRIDGE STREET AND RIVER ROAD Mayor Thomson requested that an updated report be submitted at the next Council meeting regarding the traffic problems at the intersection of Bridge Street and River Road. QUEEN MOTHER'S VISIT TO NIAGARA-ON-THE-LAKE In response to a question raised by Alderman err, Mayor Thomson indicated that he had met the Queen Mother at a reception in Niagara-on-the- Lake, and had enjoyed his brief conversation with her. MESSAGE OF CONDOLENCE It was moved by Alderman Janvary, seconded by Alderman Cummings, that a message of condolence be sent to Mr. & Mrs. V. Anderson, both employees of the City~ whose son died in Elliot Lake in an automobile accident. Carried Unanimously. TERRY FOX MEMORIAL In response to a question raised by Alderman Janvary, Mayor Thomson indicated that he had received numerous calls with suggestions on some form of memorial to Terry Fox and his Marathon of Hope campaign against cancer. Regardless of what other action might be taken, Mayor THomson felt a memorial plaque should be erected in the Centennial Square, where he had met Terry Fox when he had passed through Niagara Falls. It was moved by Alderman Cummings, seconded by Alderman Merrett, that a memorial plaque be erected in the Centennial Square in henour of Terry Fox and his Marathon of Hope. Carried Unanimously. It was moved by Aideman Chessman, seconded by Alderman Dilts, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON THIRTIETH MEETING Committee Room #1 July 27, 1981 COMMITTEE OF THE WHOLE Council met on Monday, July 27, 1981 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Fera and Schisler. Alderman Kerrio presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ,s~J~4~la ,DOPTED, coL iNsoN, C Y'C E 'J L MAYOR WAYNE THOMSON REGUL~ r' Council Chambers July 27, 1981 Council met on Monday, July 27, 1981 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 Schisler. His Worship, Mayor Thomson presided as Chairman. Alderman Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the minutes of the meetings held on June 29th and July 13th, I981, be adopted as printed. Carried Unanimously. PRESENTATIONS ACHIEVEMENT AWARD - MISS LUCY BALDINELLI His Worship, Mayor Thomson presented an Achievement Award to Miss Lucy Baldfnelli who won the All Ontario Basketball Free Throw Championship for 11 year olds in Delhi, Ontario. ACHIEVEMENT AWARD - MISS MIGHELLE SHEEHAN His Worship, Mayor Thomson presented Miss Michelle Sheehan with an Achievement Award, on winning the North American Basketball Free Throw Championship in the 14 year old category. UNFINISHED BUSINESS' PAUL THEIL ASSOCIATES LIMITED - FLOOD RELIEF STUDY Mr, D, Stoltz of the consulting engineering firm of Paul Thefl Associates presented his firm's Flood Relief Study for the Chippaws, Rolling Acres and Meadowvale areas of the City. A 8lids presentation was made, during which Mr. Stoltz indicated that the 8tudy's objectives were to investigate the cause and magnitude of the deficiencies in the existing storm and sanitary sewer systems; to ascertain the magnitude of storm water inflow to the sanitary sewer and evaluate its hydraulic lmpact~ to provide economical upSfading plans for the sanitary sewer system for up to a 25 year level of protection against basement flooding; and to provide preliminary cost estimates to implement the plans. Mr. Stoltz explained the methodology used to carry out the objectives of the study. All existing data relating to the City's flooding problems and sewer networks within the study areas was reviewed. Drainage limits for the storm and sanitary systems were determined and specific problem areas established. A series of site visits were subsequently conducted in order to become femiliar with the physical characteristics of the area. Mr. Stoltz advised that five monitorins flow stations were established at key locations within the sanitary sewer systems of the study areas. Monitoring of the flows in the systems commenced on May 23, 1980 and continued until July 17, 1980. Rainfall records for the period and other pertinent data were collected and analyzed in conjunction with the results of the flow monitoring program. From the flow measurements, the volume o~ storm water inflow to the sanitary sewers was calculated. In -2- order to analyze the response of the sewer network to the atom water .inflow, an urban hydrologic computer program was utilized which was capable of simulating the surcharged sewer system and all other accompanying hydraulic complexitte8. To determine the degree of upgrading works required to provide protection against basement floodtnga under the above atom conditions, In-system storage facilities were simulated. These facilities controlled the storm water flows occurring in the sanitary sewer system, by detaining the excess flows which presently result in basement flooding. The required storage volumes were related to equivalent lengths of 900wmnor 1200nun piping. Total cost8 to provide the required storage volume were determined for each storm for both 900 mm and 1200 nun piping schemes. This provided a range of cost figures that can be evaluated with respect to the level of protection against basement flooding provided. Fir. Stoltz outlined in detail, the various investigative and monitoring step8 taken during the study. With respect to the Headowvale area, Mr. Stoltz indicated that no deficiencies were found in the system, and no recon~nendations were being made for remedial work in that area. The flooding in that area was believed to have been caused by a blockage in the system. Mr. Stoltz outlined the following recommendations for the consideration of Council: 1) Catchbasins that are connected to the sanitary sewer system should be disconnected immediately; 2) All downspouts that discharge directly to the sanitary sewers should be disconnected; 3) The upgrading works outlined which provide protection against basement flooding for at least the two year frontal storm condition should be implemented; 4) The Sarah Street overflow to the Little Mississippi should be eliminated; 5) The overflow at Gunning and Parliament Avenues should be replaced with a new overflow from the sanitary trunk west of Sophia Street to the Welland River; 6) The overflow in the pumping station in Rolling Acres should be fitted with a properly seating flap gate, to prevent reversal flows from the atom sewer. The overflow will provide relief for the sanitary sewer system should a pump failure occur; 7) Up- grading works within the Stanley Street industrial area directed at eliminatin8 storm inflow to the Chippawn pumping station should proceed; 8) The proposed sewer upgrading works to convey flows from the Front Street and Sarah Street pumping stations directly to the Chippawa pumping station should proceed; 9) The sanitary sewer networks within the study area should be inspected and maintained on a regular basis, at least once per year; 10) Stairwells in new developments should not be permitted unless a sump pump is provided to discharge atom water to the surface or storm Sewer; and 11) Present drainage standards requiring the connection of foundation drains to the sanitary sewer should be retained. In this regard strict lot grading policies should be adopted and implemented for all new development. It is suggested that the guidelines for lo~ grading control established Jointly by the Municipal Engineers Association and the Consulting Engineers of Ontario form the basis of the new ~ity policy. Mr. Stoltz provided further infomatton regarding the installation of the proposed storm water storage facilitiess possible sharing of the costs by the owners of lands to be developed in the futures the two year frontal storm protection and soil conditions In response to questions raised by members of Council and several individuals in the audience. Following further discussion, It was moved by Alderman Ctumnings, seconded by Alderman Orrs that the recommendations be adopted. Carried Unanimously. . FIREHALL THEATRE . C.S.C.P. Report No. 498 - City Manager . The report recommends that CIty 'Council authorize the calling of tenders for renovations and alterations to the Fireball Theatre. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett~ that the report be received and adopted. Carried Unanimously. ~O~tUNICATIONS 1~o. 206 - Downtown Board of Management - Re= Flea Market. The communication requests permission to host a flea market on August 8, 1981 on Queen Street. ORDERED on the motion of Alderman C~.~ings, seconded by Alderman Orr, that the request be granted. Carried Unanimously. No. 207 - Town of Niagara-on-the-Lake . Re-' Canadian-American Friendship Days. ~na communication extends an invitation to the Council to participate in the Grand Parade and Openin~ C6~nonies markins the holding of Canadian- ' -3 - American Friendship Days, August 8th, 1981 as part of the Niagara-on- the-Lake Bicentennial celebration. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed, and as many members of Council as possible attend the function. Carried Unanimously. No. 208 - Ontario Hydro - Re: Ontario Hydro x PASNY New 345 kV Interconnection. The communication advises of a proposal by Ontario Hydro and the Power Authority of the State of New York (PASNY) to establish a new 345 kV inter- connection consisting of two circuits for the export and import of electric power. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cununings, that the communication be received and filed. Carried Unanimously. No. 209 - Royal Canadian Legion, Branch 51 - Re: Fall Convention. The communication requests pemission to erect and operate a beer tent and for a parade in conjunction with the Fall Convention for District "B" of the Canadian Legion. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the requests be approved subject to established policy. Carried Unanimously. No. 210 - Regional Municipality of Niagara - Re: Disposal of Non-Hazardous Industrial and Commercial Waste. The communication requests that the Councils of all area municipalities of Niagara be urged to address themselves as promptly and effectively as possible, to the provision of space in existing local sanitary landfill sites for non-hazardous industrial waste on an interim basis. AND Report No. 499 - Municipal Works Committee - Re: Closing of Walker Brothers Solid Waste Disposal Site. The report recommends that the City accept, at the Mountain Road Sanitary Landfill Site, Ministry of Environment approved non-hazardous solid wastes from companies located within the City of Niagara Falls who presently rely on the use of the Walker Brothers Quarries Limited solid waste site and further that the City continue to accept their solid wastes until a new disposal site is available. Aiderman Dilts indicated that many area industries are very concerned about the closing of the Walker Brothers site at the end of August. The AIderman advised that there was a possibility that Queenston Quarries might be able to accept some industrial waste at their site. Aideman Dilts felt that the City should support the request of the Region and determine what immediate steps can be taken to assist local industries. Alderman Puttick referred to steps taken to control dumping at the landfill site such as the.use of radios between the gatekeeper and the compactor l operator, and questioned the wisdom in allowing industrial waste to be dumped at the site if the objective is to limit the material being allowed in. The Design & Research Engineer felt that the City had little option but to accept the waste material from these industries. Alderman Dilts stated that there were not many firms in Niagara Falls that would be using the Landfill Sites and would only represent a 5% increase in the estimated tonnage of waste received yearly at the Site. The Alderman pointed out that if Council approves the recommended controls on dumping suggested by the Municipal Works Committee, the amount of garbage nomally handled at the site will be reduced by 10% to 15%, allowing the City to accept the industrial waste on an interim basis. Aideman Cheesman suggested that since these industries are presently paying for dumping privileges at Walker Brothers Quarries, the City should investigate the possibility of charging a dumping fee to these industries. Alderman Dilts indicated that he was agreeable to a dumping fee being charged for this temporary service. In response to a question raised by Alderman Cummings, Mayor Thomson advised that any industries using the City's Landfill Site would be known to the Ministry of Environment, and only Ministry approved materials would be accepted into the Site. Alderman Kerrio asked if Council could be provided with a list of the industries that would be using the City~s site. Alderman Dllts indicated that the Ministry of Environment had supplied him with some information, and would be contacting the City shortly to advise which industries would be involved. ~ -4 - Following further comment, it was moved by Alderman Dilts, seconded by Alderman Merrett, that the City assist the Regional Waste Management Advisory Committee in its efforts to find solutions to the problem created by the temporary restriction on dumping at the Walker Brothers site. Carried Unanimously. It was then moved by Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. REPORTS No. 500 - Recreation Commission - Re: Terms of Reference for Niagara Falls Recreation Master Plan. The report recommends approval of the Terms of Reference for the Niagara Falls Recreation Master Plan. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville that the report be received and adopted. Carried Unanimously. NOTE: Alderman Dilts was absent when the vote was taken on this matter. No. 501 - Recreation Commission - Re: Inter-City Soccer League Use of Oakes Park. The report recommends that the Niagara Falls Inter-City Soccer Clubs be charged $25 per game or 20% of gross gate receipts, whichever is greater andincluding the cost of lights, for each soccer game held at Oakes Park. Further that a City employee be responsible for the collection of admissions at the gate at Oakes Park for each Inter-City Soccer game. ORDERED on the motion of Alderman Cummings, seconded by Alderman Marterr, that the report be received and adopted. Carried Unanimously. NOTE: AIderman Dilts was absent when the vote was taken on this matter. No. 502 - Planning & Development Conmmittee - Re: Zoning Amendment Applicati0' AM-11/81, M. Evans & G. Fuller, 13839 Sodom Road. T~ report recommends approval of the application subject to the applicant entering into an agreement with the City to remove the existing dwelling when said dwellingif is vacated by the present owner and that the applicant agrees that no severance application-be filed to separate the two dwellings once the additional house is constructed. Further, that once By-law 79-200 is extended to this area, the implementing by-law for the application be rescinded, thereby making the existing dwellings while it remains, a non-conforming use. ORDERED on the motion of Alderman Cummtngss seconded~by Alderman Bakers that the report be received and adopted. Carried Unanimously. NOTE: Alderman Dilts was absent when the vote was taken on this matter. No. 503 - City Clerk - Re: AM-14/81, Objections to Zonin8 Amendment By-law ~ No. 81-143 - A. Zafeeris. The report advises that as a result of circulatin' ' t i p arrangements to have the display caboose for which the application had been. made, placed on Victoria Avenue prior to approval' of the rezoning, Mayor f Thanson felt this aspect of the application should be referred to the City Solicitor. ORDERED on the motion of Alderman Baker, seconded by Alderman Orr, that the objections be referred to the Ontario Municipal Board, and the action of the applicant in proceedinS without approval of By-law 81-143, be ~eferred to the City Solicitor. Carried Unanimously. ,. No. 504 - City Manager - Re: Severance of Surplus Farm Dwellings from Amalgamated Farms . Possible Changes to ReEional and Local Official Plan Policies. The report recommends that Council advise the Regional Plannning and Development Committee that no provisions are contained in the NiaSara Falls Official Plan to permit severances of surplus farm dwellings unless the surplus farm dwellings result from the amalgamation of two adjoining properties and it is the opinion of the City of Niagara Falls that this policy should be maintained in both the City's end Region~s Official Plane, ORDERED on the motion of Alderman Otr, seconded by Alderman Metfelt, that the report be received and adopted. Carried Unanimously. No. 505 - City Manager - Re:'E~tension of Urban Service Area to Include -5- Calaguiro Estates Subdivision. The report recommends passage of a by-law altering the boundaries of the Urban Service Area of the City to include those lands known as the Calaguiro Estates Subdivision, located on the north side of Mountain Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See By-law 81-169 No. 506 - City Manager - Re: Application for Development Control - Calaguiro Estates Subdivision. The report recommends that Council request the Regional Municipality of Niagara to initiate immediate steps to have the lands now included in the Calaguiro Estates Subdivision deleted from development control presently exercised by the Niagara Escarpment Commission. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 507 - City Manager _ Re: Request for Release, 8164 Catalina Street, Lot No. 138, Plan N.S. 22. The report recommends passage of a by-law to authorize a release of Lot 138, Plan N.S. 22 from the provisions of a subdivision agreement between the City and Klydel Holdings Incorporated dated Novumber 1st, 1972 and registered on November 16th, 1972 as Instrument No. 176349. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law 81-170 No. 508 - City Manager - Re: Release of Lot 177, Plan M-29, Mount Forest Subdivision. The report recommends passage of a by-law to authorize a release of Lot 177, Plan M-29 from the provisions of a subdivision agreement dated November 20th, 1974 and amended by an agreement dated August 29th, 1975, between the Corporation of the City of Niagara Falls and ~aro Properties Incorporated. Mayor Thomson provided additional information in response to a question raised by Alderman Puttick concerning the status of certain subdivisions where there are deficiencies in the amounts of monies on deposit which are required to complete the servicing in these subdivisions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See By-law 81-171 No. 509 - City Manager - Re: Lot 11, Falls Industrial Park Extension. The report recommends approval of a request for Reserve from Mr. Norbert Heske on Lot 11, Plan M-67 until October 15, 1981. ORDERED on the motion of Alderman Chessman seconded by Alderman Cummings, that the report be received and adopted.~arried Unanimously. No. 510 - City Manager - Re: Reserve for Lot 46, Falls Industrial Park. The report recommends approval of a reserve on Lot 46 to Juergen Philipp (Canada) Inc. to September 30, 1981. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 511 - City Manager - Re: Lot 15, Registered Plan N.S. 25, Spence-Weaver House. The report reconnends that the City renew for a further period of ten years the option provisions contained in a subdivider's agreement dated February 22rid, 1973 regarding the use of Lot 15, Registered Plan N.S. 25. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 512 - City Manager - Re: Lease of Lot 12, Plan 243, Falls Industrial Park. The report recommends that the City approve a request received from Mr. Dorino Susin for the City~s permission to lease the property known as Lot 12, R.P. 243 on the condition that prior to leasing, he will meet all outstandin8 requirements of the City insolaf as property maintenance, provision of landscaping, paving and curbing of parkinE areas and elimination of outside storage in the front yards, are concerned. Durin8 the discussion on this matter, several members of Council " questioned the necessity of having the property paved~ particularly in view of current asphalt prices. The City Manager explained that the orlSinal site plan which was approved by City Council required that paving be carried out, and the paving had not been done as yet. -6- In response to a question raised by Mayor Thomson, the Director of Buildings and Inspections advised that his office has difficulty getting the owners of these industrial lots to meet the conditions they had originally agreed to when the lots were purchased. In some cases, the owners have financial difficulties making compliance difficult. The Director of Buildings and Inspections expressed his concern that some property owners who have met their obligations, would complain if the owner of another lot is not required to comply with the original conditions of sale. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted subject to a further report being prepared regarding the paving of parking areas. Cartie. Unanimously. . No. 513 - Municipal Works Committee - Re: Ten Mile Creek Culvert at Townline~ Road. The report recommends that the Director of Municipal Works be authorized to engage the services of the Consulting Engineering rim of DelCan for providing the necessary engineering services for the replacement. of the above culvert (reimbursement in accordance with the fee scale suggested by the Association of Professional Engineers of Ontario, Fee Basis "A", time plus expenses;)that consideration be given to allocating sufficient funds in the 1982 Operating Budget for the City's share of engineering services and construction costs of the above noted culvert; and that the cost of replacement of the above culvert including engineering costs be split equally three (3) ways between the City of Niagara Falls, City of Thorold and Walker Brothers Limited. ORDERED on the motion of Alderman Dills, seconded by Alderman Cheeaman~ that the report be received and adopted. Carried Unanimously. No. 514 - Municipal Works Committee - Re: Engineering Services for Bridge Appraisals. The report recommends: That the Director of Municipal Works be authorized to engage the services of Acres Consulting Services Limited to provide engineering services for the Portage Road ~ridge near the Panasor~ Tower, the Miller Road Bridge, the Conder Road Bridge and the Willodell Road~ Bridge; that funds be included in the 1982 Operating Budget for a detailed engineering appraisal of Mewburn Road bridge; and that funds be included in the 1982 Operating Budget for replacement of Conder Road and Willodell Road Bridges with appropriately sized culverts. ' ' ORDERED on the motion of AIderman Dills, seconded by Alderman Chessman, thai the report be received and adopted. The motion Carried with AIdermen Baker and Cummings abstainin8 on a conflict of interest, and all others voting in fayour. No. 515 - City Manager - Re: Bank Stabilization - 66" Diameter Outfall at Hydro Canal off Pettit Avenue. The report recommends that staff be authorized to negotiate an appropriate and equitable payment agreement with Ontario Hydro for bank stabilization at an existing storm outfall at the above noted location; and that payment to Ontario Mydro for this work be approved from C.M.H.C. storm sewer grant Reserve Account (#70491). ORDERED on the motion of AIderman Cummings~ seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 516 - City Manager - Re: Control of Dumping at the Mountain Read Sanitary Landfill gila. The report recommends passage of a by-law to amend By-law No. 6867, 1965, as amended, being a by-law regulating the handling, collecting and disposal of garbage, ashes and other ~efuse. ORDERED on the motion of Alderman Dills, seconded by Aideman Janvary, that the report be received and adopted. Carried Unanimousry. · 'See By-law 81-176~ No. 476 - City Manager - Re: Contract G.C. 15-81 Sewermains Watermains andi n° . nt [~ o s nFr0 c nstructtc · ~u (Niagara Falls) Limited for the subject contract. AND Communication No. 211 - Croup 2 Development Limited - Re: Contract G.C. Monroe Extension Snbd~vision. The con~nunication requests a further two wes~ · condad by Alderman Kerrto,that the report be deferred until August 10~ 1981o Carried Unanimously. Mo. 51~ - Finance Ccmmitta~.~Re~ Ose of Private Vehicles for CIty Business, - 7- The report recommends the following increases in monthly car mileage allowances effective August 1, 1981 and January 1, 1982: Category 1 ~ $140 and $155; Category 2 - $165 and $185; Category 3 - $200 and $225~ That the monthly car allowance for the Mayor be increased to $200 effective August 1st and $225 January 1st, 1982; and that the rates paid for private vehicles used on City business beyond the limits of the Region and for transportation to and from conferences and seminars in Southern Ontario be as follows: August 1/81 - first 300 miles 22¢ per mile or 14¢ per km.~ over 300 miles - 18¢ per mile or 11¢ per km.; 3anuary 1/82 - first 300 miles - 24¢ or 15¢ per km.; and over 300 miles - 20¢ per mile or 12¢ per km. Alderman Puttick felt that the allowances for the City Clerk and City Treasurer should be eliminated since the amounts had not been arrived at using the same procedure as the other figures. The Alderman did not agree that some staff members in CateEory 2 were on the road more than those persons in Category 1. Alderman Puttick stated that he did not think the report was doing what it was supposed to, and that the mileage allowance was nothing more than a "plum" for some employees. Alderman Dills indicated that he did not agree with the inclusion of the City Clerk and City Treasurer in the report, particularly since neither of these employees felt they required the allowance. Alderman Baker stated that he disagreed with the payment of monthly mileage allowances when employees were on vacation. While the costs were based on twelve months of driving expense, the employee was actually only using the vehicle for City business for eleven months of the year. The City Manager advised that the costs were made on a yearly basis and the vacation factor is taken into account in the estimates prepared for the recommendations. Alderman Dilts felt that mileage allowance should be based on the actual mileage driven, since that is the only way to ensure that every employee receives his rightful amount of money. The Alderman also indicated that he was opposed to the payment of the mileage allowances while people are on vacation. Aideman Chessman stated that the Finance Committee had felt some recognition should be made of the fact the City Clerk and City Treasurer are the heads of departments and are required to travel on behalf of the City in the perfoments of their duties. The Alderman also felt that there is no completely objective method of determining the exact amount of driving done, and some employee might get a more generous allowance than he may deserve. The City Manager indicated that the direction from the Joint meeting of the Finance Committee and Municipal Works Committees had been that the flat rate figure as opposed to calculating mileage, was favoured. Following further comment, it was moved by Alderman Chessman, seconded by AIderman Cunmlings, that the mileage allowances for City staff be approved as outlined in the report. The motion Carried with the following vote: AYE: AIdermen Chessman, Cummings, JanUary, Metfelt, Kerrio and Mayor Thomson. ~AYE: Aldemen Dills, Baker, Orr, Puttick and Somerville. It was then moved by Alderman Cheesmans seconded by Aideman Kerrto, that the Mayor's mileage allowance as recommended in the report~ be approved. Carried Unanimously. No. 518 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Mana8er and City Treasurer provided additional infomatton on Cheques #3410, 3411, 3423, 3~35, 3476, 3485s 3488 and 3583 in response to questions raised by Alderman Cummings. Alderman Puttick indicated that in future, he would vote contrary on all cheques for mileage allowance. ORDERED on the motion of Aideman Dllts, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Chessman abstaining on Cheque #3525, Aldeman Puttlck vot~n~ contrary on Cheques #3643 and ~3658~ and all others rotinS in fayour. No. 519 - Loan Review Committee , Rez Applications for Assistance. The -8- report recommends approval of four applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 520 - Alderman Dilte -'Re: Employee Suggestion Plan. The report recommends that an award of $25.00 be made to Mr. Fred Peck of the City Hall Haintenance Department for submitting an idea under the Employee Suggestion Plan. ORDERED on the motion of Alderman Cun~nings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 521 - City ~anager - Re: Application for Hawker & Pedlar Licence, T. Rezek - Sicnay Creek. The report recommends that the application of T. Rez~ for a hawker and pedlar ltcence be denied. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that:' o e f n are Plant Fourth Avenue. The report provides information on efforts made to resolve the smoke and soot complaints from residents in the area of the Cyanamid Plant on Fourth Avenue. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. No. 523 - City Manager - Re: Hazardous Crossing - Lyons Creek Road. The report recommends that Council request the Region to reduce the speed limit on the section of Lyons Creek Read adjacent to the 15th and 16th holes of ~ Oaklands Golf Course to 50 KMper hour~ and that the proprietors of Oakland Golf Course be requested to post signs on the north side of Lyons ; Creek Read to the effect that golf carts are not permitted to cross Lyons Creek Road, I Mayor Thomson referred to a similar golf course l"ay-out in Niagara Falls, New York, where patrons have to cross a roadway in order to complete the entire course, and a flashing light was erected for the protection of the players. The Mayor augtested that the Region be asked to consider a similar device for Lyons Creek Road. AIderman Dilts questioned the necessity of having people leave their carts and walk across the roadway, pointing out that some individuals are elderly, and it would be a strain for them to have t? carry 8olf bags for such a distance. Mayor Thomson pointed out that there i8 a question of liability should a cart be involved in an accident, Following further comment, it was moved by Alderman Baker, seconded by Alderman Orr, that the report be received and adopted, and further that the Region be requested to consider the installation of flashing lights at the subject crossing. The motion Carried with Alderman Merre/r~-voting contrary, and all others voting in fayour. ~ RATIFICATION OF CO/~4ITTEE OF THE WHOLE It was moved by Alderman Dilts, seconded by AIderman Cummings, that the membership of the Performance Evaluation Working Group be increased to include Aldermen theeamen, Dilts, Merrett, Baker, Orr, Kerrio and Mayor Thomson, with Alderman Merrett acting as Chairman, Carried Unanimously. RESOLUTIONS No. 74 - CHEESMAN - GUMMINOS . RESOLVED that the Royal Canadian Legion, Branch 51, be 8ranted permission to operate a beer tent in conjunction with their Fall Convention to be held at the Legion Property on Valley Way, subject to the approval of the Niagara District Health Unit, the Regional Niagara Police Department, the Niagara Falls Fire Department and the Liquor Licensing Board of O~tario; AND the Seal of the Corporation be hereto ~.dfixed. Carried Unantmou~ /io. 75 - CU~iNGS - BAKER - RESOLVED that the Council Of the Corporation of the City of Niagara Falls hereby certifies that By-law 81-168 for the rezoni of lands at 13839 Sodom Road, conform to Official Plan Amendment No. of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal o~=~he Corporation be hereto affixed. Carried Unanimou~ .... q -9- BY-LAWS ORDERED on the motion of Alderman Dilts, seconded by Aideman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-168 - 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-11/81, Evans & Fuller) No. 81-169 - A By-law to alter the boundaries of the Urban Service Area of the City. (Calaguiro Sub'd.) No. 81-170 - A By-law to authorize a release. (Lot 138, N.S. 22) No. 81-171 - A By-law to authorize a release. (Lot 177, M -29) No. 81-172 - A By-law to authorize the execution of an agreement with Carmen Arcuri carrying on business as C. Arcuri Construction for the demolition of a building. No. 81-173 - A By-law to authorize the execution of a release respecting Lot 42 R.P. 160 for the former Township of Stamford, now in the City of Niagara Falls. No. 81-174 - A By-law respecting the clearing of sewer laterals. No. 81-175 - A By-law to authorize the execution of an agreement with Dorino Suein for the sale and ramoval of a building. No. 81-176 - A By-law to amend By-law No. 6867, 1965, as amended, being a by-law regulating the handling, collecting and disposal of garbage,' ashes and other refuse. No. 81-177 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Biamonte Pkwy.) No. 81-178 - A By-law to provide monies for general purposes. Carried with Aiderman Cheesman abstaining on By-law 81-178, and Aiderman Puttick voting contrary on By-law 81- 178, and all others voting in favour. ORDERED on the motion of Alderman Dilts, seconded by Aideman Cummings, that the following by-laws be now read a second and {hird time: No. 81-168 - 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-11/81, Evans & Fuller) No. 81-169 - A By-law to alter the boundaries of the Urban Service Area of the City. (Calaguiro Sub'd.) No. 81-170 - A By-law to authorize a release. (Lot 138, N.S. 22 ) No. 81-171 - A By-law to authorize a release. (Lot 177, M-29) No. 81-172 - A By-law to authorize the execution of an agreement with Carmen Arcuri carrying on business as C. Arcuri Construction for the demolition of a building. No. 81-173 - A By-law to authorize the execution of a release respecting Lot 42 R.P. 160 for the former Township of Stamford, now in the City of Niagara Falls. No. 81-174 - A By-law respecting the clearing of sewer laterals. No. 81-175 - A By-law to authorize the execution of an agreement with Derino Suein for the sale and removal of a building. No, 81-176 - A By-law to amend By-law No. 6867, 19658 as amended, being a - 10 - by-law regulating the handling, collecting and disposal of garbage, ashes and other refuse. No. 81-177 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Biamonte Pkwy.) No. 81-178 - A By-law to provide monies for general purposes. SLO-PITCH GAME NEW BUSINESS Carried with Ald Aldeman PuttickM contrary on By-l~ 178, and all oth~ voting in fayour.' Mayor Thomson advised the Council, that the City employees had challen~ members of Council to a sIc-pitch game on August 4th, 1981. Several member!. of Council indicated that they would be unable to participate that evening," and it was suggested that the game be re-scheduled. Alderman Cunmings suggested that Firemanse Park be used for the game. DUST COMPLAINTS It was moved by Alderman Puttick~ seconded by Alderman Somerville, tha:~ staff be requested to investigate the dust complaints received by residents. adjacent to the Fruitbelt Trucking operation. Carried Unanimously. ACQUISITION OF PROPERTIES ON QUEEN STREET Alderman Puttick questioned the urgency in purchasing certain propertiI on Queen Street several months earlier, when no work had been done on an entrance to attract tourists to the Downtown from River Road. The City Manager explained that the Legal Dept. was in the process of finalizing the4 necessary documents in the transactions. The closing dates for two of the transactions are not until August and October~ so no work can commence unti that time. The City Manager further advised that the City had hoped to commence work in time for the tourist season, but iF had been impossible the details of the agreements were finalized. SEWER COMPLAINT - DRUMMOND ROAD Aideman Orr advised that she had received a complaint from the owner of 4158 Drummond Road regarding flooding as a result of debris in the sewer. The City Manager indicated that the matter would .be checked out immediately. -' COMPLAINT - RONNIE CRESCENT Aideman Cummings asked what action had been taken with respect to the complaint he had submitted on behalf of a resident of Ronnie Crescent conce the condition of an adjacent vacant lot. The City Clerk indicated that the complaint had been Investigated under the Property Standards'By-law. Due the dirt and rubble on the lot, it has not been possible to have the weeds cut. The Director of Buildings & Inspections indicated that processing a complaint can be done quickly if the owner of the property involved will !co-operate. If no co-operation is received from the dwner, it can be 'months beforethe complaint can be resolved, It was moved by Aideman Chessman, seconded by Aideman Baker, that the meeting adjourn to Co~snitt~- "*A-14bole. Carried Unanimously. READ ANDADOPTED, cure,/ MAYOR WAYNE TMOM~ON - 11 - COMMITTEE OF THE WHOLE Committee Room #1 July 27, 1981 Council met on Monday, July 27, 1981, following a regular meeting. All members of Council were present with the exception of Aldermen Fera and Schisler. Alderman Kerrio presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~ ~ READ AND ADOPTED, COUNCil' MAYOR WAYNE THOMSON Council Chambers July 27, 1981 Council reconvened in formal session on Monday, July 27, 1981, following a meeting in Committee of the Whole. All members of Council were present with the exception of Alderman Fera and Schisler. His Worship, MAyor Thomson presided as Chairman. The meetin8 adjourned. READ AND ADOPTED, ~~INSON, CI~y'CiE~E'iV MAYOR WAYNE THOMSON THIRTY-FIRSTMEETING Committee Room #1 August 10, 1981 .COMMITTEE OF THE WHOLE Council met on Monday, August 10, 1981 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Dilts. Alderman Somerville presided as Chairman. Following consideration of the itemp presented, the Committee of the Whole arose without reporting. ~ '& ~ · ~ GOUNCIL MAYOR WAYNE THOMSON Council Chambers August 10, 1981 Council met cn Monday, August 10, 1981 at 7:30 p.m. for the purpose of considering general business. All members of Council were present, with the exception of Alderman Dilts. His Worship, MAyor Thomson presided as Chairman. Alderman Somerville offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Kerrio, that the minutes of the meeting held on July 27, 1981, he adopted as printed. Carried Unanimously. ' PRESENTATIONS ACHIEVEMENT AWARD - MR, M. COLIC His Worship, Mayor Thomson presented Mr. Mike Colic with an Achievement Award in recognition of hie winning the Ontario Mixed Doubles, "A" Divielon .Badminton Championship in Toronto during March, 1981. RETIREMENT WATCH - MR. V. MONT_A~ANO His Worship, Mayor Thomson presented a retirement watch to Mr. Vjnce Montagano who retired on July 31, 1981 after sixteen years of service with the City as an Equipment Operator in the Sewer Department. 25-YEAR PLAQUE His Worship, Mayor ~homson presented a 25-Year Plaque to Mr. Ted Stewart a Foreman in the Sewer and Construction Departments, who completed twenty-five years of service with the City on August 2, 1981. COMMUNICATIONS No. 212 - _Mr. M. Newman . Re: Possible Sale of John Allan Park. The communication expresses opposition to the possible sale of John N. Allan Park. AND No. 213 - Mr.... A. McCrorie - Re: Possible Sale of John Allan Park. The communication expresses opposition to the possible sale of John N, Allan Park. Mr. C. Newman asked members of Council to visualize the possibilities for John N. Allan Park. Mr. Newman envisaged a large building being erected and dasignated as the Boy Scout building in Niagara Falls and dedicated to Mr. Hans l)~aager in recognition of his contributions to scouting in the City. ~he site could be used as a camping area for the Boy Scouts, possibly with the development of a beach across the road for safe swimming. -2- Mayor Thomson advised Mr. Newman that there is an area designated for use by the Boy Scouts, known as Grassybrook Park. The Mayor explained that the City had tried to put more facilities in the Park and upgrade the land, 'and had been asked by Mr. Draeger to leave the area in a sort of "wilderness" setting for the Scouts. With respect to a comment made in Mr. Newman's letter~ Alderman Fern stated that he took exception to the suggestion that Council was "hiding" anything from the citizens of Niagara Palls, or that there was any responsibility on the part of Council for the former farrig wheel issue. Following further comment, it was moved by Alderman Marfelt, seconded by Alderman Chessman, that the con~nunications be considered by Council in conjunction with a decision on the possible sale of John N. Allan Park. Carried Unanimously. No. 214 - City of Thor_old - Re: Solid Waste Disposal Site at Walker Brothers Site. The communication requests endorsement by the City of a resolution requesting the Minister of the Environment to take the necessary steps for speedy approval of another solid waste disposal area at the Walker Brothers sit~ AND No. 215 - Regional Munici~ality of Niagara - Re: City of Thorold Resolution. The communication advises that the Regional Public Works & Utilities Committee has endorsed the Thorold resolution and urges City Council to take similar action. ORDERED on the motion of Alderman Marfelt, seconded by Alderman Orr, that the resolution from the City of Thorold be endorsed, and the communication from the Regional Municipality of Niagara be received and filed. Carried Unen imou s 1 y. No. 216 - Mr. F. Sarafinn, SPRED - Re: Carry the Cross-A-Thon. The communicat requests permission to hold a "Carry the Gross-A-Thon" on August 20th or Augus~ 26th to raise money to assist people with emotional problems released from psychiatric wards and hospitals. ORDERED on the motion of Alderman Cummings, seconded by ETderman Janvary, that the request be approved subject to similar approvals being obtained from the Niagara Regional Police and all other authorities involved. Carried Unanimousl No. 217 - Mr. N. O'Brien -. Re: Charnwood Avenue. The communication requests the erection of a stop signs at Badger Reads Westwood Road and Tad Street intersections with Charnwood Avenue. AND Report No. 524 - City Manager - Re: Yield Signs. The report recommends that the necessary by-law be prepared to authorize the installation of yield signs the intersection of Charnwood Avenue with Tad Street. Alderman Cheesman agreed that some type of control is required at these intersectJones and suggested that yield signs could be the answer. The Alderman did not feel thet Council should agree with the request to erect stop signs when staff bad recommended the yield signs in accordance with City policy. Alderman Cunmninge felt Mr. O'Brien should be givenan opportunit to read the staff comments with respect to the yield signs. The Director of Municipal Works advised that a stop sign was originally requested, however according to the poltcy~ yield signs are the appropriate intersection control. The. Director of Manicipal Works suggested that the report be adopted subject to receipt of comments frem Mr. O'Brien on the installation of yield signs. If Mr. O~Brien objected to the yield' ei~nss the matter would be reported back to Council. Following further comment, it was moved by Alderman Chessman, seconded by Aldermen MeTfelts that the report be received and adopted, and the matter reported back to Council if Mr. O'Brten has any further comments. Carried Unanimously. " No. 218 - Netro (Niagara) Transit - Re: Niagara Falls/Welland Bus Service. The communication requests that Council indicate whether a proposed service between Niqara Falls and Welland would be an asset to the poblic. The City clerk explained that the Manager of the ~ransit Commission has been speaking in opposition to this application because the Commission feels it is an avenue to get the charter service as wall. ~he Commission objects to application~ d this nature on a reSular basis. ~3 - Alderman Chessman expressed concern that the Commission was opposing the application out of its own interest~ and that Council might not be addressing itself to the problem of whether or not adequate bus service between Welland and Niagara Falls is available. Mayor Thomson stated that if the application were approved, it could affect the revenue of the Commission, which would in turn affect the City. The Mayor suggested that Council could receive and file the communication and request the Commission to explain its reasons for opposing such applications. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Cummingss that the communication be received and filed, and the Greater Niagara Transit Commission be asked to coum]ent on its opposition to the application. The motion Carried with Alderman Janvary voting contrary, and all others voting in fayour. No. 219 - Regional Municipality of Niagara - Re: Parking Prohibition on Thorold Stone Road. The communication advises that the existing corner parking prohibitions west of Kalar Road on Thorold Stone Road, 30 metrag north side, 46 metrag south sides will be extended on both sides to a point 114 metrag west of Kalar Road. ORDERED on the motion of Alderman Fern, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 220 - Niagara Regional Police Fastball Team - Re: 10th Annual Invitattonal All Police Fastball Tournament. The communication requests permission to operate a beer tent in conjunction with the tournament to be held at Ker Park on September 11, 12 & 13~ 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the request be approved subject to established policy. Carried Unanimously. No. 221 - City of St. Catharines - Re: Meeting of Municipalities Concerned with Regional Government. The communication advises that the City of St. Catharines will take no further action in the preparation of a private bill to have that City removed from the Regional Municipality of Niagara] and also advising of a meeting hosted by St. Catharines of municipalities sharing concerns regarding Regional Goverement, in Toronto at the Royal York Hotel on August 24, 1981 from 7:00 a.m. to 9:00 a.m. Alderman MeTfelt was critical of the fact that St. Catharines was inviting o~hev-Ontario municipalities to a meeting in Toronto to discuss regional government Without speaking to the municipalities in the Region. The Alderman stated that he did not want these other municipalities to get the impression that St. Catharines was speaking for the Niagara Region. Alderman Puttick agreed with the intent of the letter from St. Catharines and felt that the municipalities in Ontario should unite to try and resolve their concerns on Regional Coverement. The Alderman felt it would be beneficial to hear the views of municipalities in other regions on the subject. AIderman Cummings pointed out that a motion had been proposed to meet with the St. Gatherlass Council, however it had been defeated. Alderman MeTfelt stated that the motion bad been proposed when St. Catharinea had intended to withdraw from regional government, and he could not see any point in meeting with St. Catharines to discuss such action. Alderman Cummings indicated that he remembered the proposed motion as a suggestion to meet with St. Cathartnes to discuss mutual problems. Mayor Thomson indicated that the City would have representation at the meetin8 in Toronto being held during the A.M.O. conference, and that there would be no misunderstanding that St. Catharines was not representing Niagara Falls. Following further comment, it was moved by Alderman Fera, seconded by Alderman Merrett~ that the communication be received and filed. Carried Unanimously, REPORTS No. 524 - Recreation Co~unission - Re: Hockey Petitions. The report recommends approval of certain recommendations and actions in response to ~00 hockey petitions and a letter from a parents committee received, Alderman C~mmtngs stated that when the Commission had reviewed the matter~ it,'had::been,,the subject of some controversy. Meetings were held and -4- the Commission spoke with the persons involved. The Alderman felt this was not a matter that would easily be resolved, however he felt that there was now communication between the groups involved. The Deputy Director of Recreation provided additional information in response to a number of questions raised by Alderman Puttick. Mr. R. Stewart of the Minor Hockey Association, stated that the purpose of the petition was to ask that every child have an equal opportunity to participate in recreational and instructional hockey, that every child be subsidized equally and that professional development of hockey players be taken out of hockey leagues. Mr. Stewart felt there was no reason for the Niagara Falls Minor Hockey Association to determine the cost and amount of ice time that children receive. The report has been accepted in principle, however many questions were unanswered. Mr. Stewart thanked the Director of Recreation and the Commission for their work in response to the petions, and he expressed his hope that the special committee established would be on-going until it is certain that every child wanting to play hockey is allowed to play ~ hockey without professionalism entering into the Minor Hockey leagues. In response to a question raised by Alderman MetratS, Mr. Stewart indicate; that there would be continuous liaison between the Conmission and Minor Hockey,;, in order to resolve the concerns raised. i~ Following further comment, it was moved by Alderman Cummings, seconded ~1 by Alderman Schisler, that the report be received and adopted. Carried ]~ Unanimously. No. 525 - Recreation Commission - Re: Ice Scheduling at Municipal Arenas. The report recommends approval of the schedule for winter use of municipal arenas, and that those events as listed in Part of the Special Events Schedule be charged the total cost of operating the arena during their special event. Mr. M. Montgomery of the Niagara South Oldtimer Hockey Team stated that his team~s tournament was arranged for October, and an ~a~-nount of $50 per hour had been budgeted for ice surface rental. Since all arrangements have now been made, Mr. Montgomery asked that Council reconsider the suggested increase, particularly in view of what tournament play does for the economy of the City during the fall, winter and spring months when tourists normally .don't visit Niagara Falls. In response to a number of questions raised, the Deputy Director of Recreation advised that the previous yearns rate of $40 per hour was a subsidiz rate~ and did not reflect the actual cost of operating the arena. Based on other areas, the operational costs would be closer to Jouble the $40 figure. The Director of Buildings & Inspections stated that he had not been involved in the preparation of the report with respect to the rental fee, and suggested that this portion of the report could be tabled and a meeting held with the groups involved to consider the matter further. Alderman Puttick was critical of the fact a report recommending a change in fees had come to Council when the actual costs involved were not included in the report, and the staff member in charge of arenas had not been consulted. ~he Alderman felt that a report should be prepared on all subsidized items so that Council can determine the effect of these items on the City and the persons involved. Alderman $chisler pointed out that Council was on record as supporting the "pay as yon play' concept of user fees, and the Recreation Conmis~ion had the responsibility of setting the ice schedules for the arenas. ~he Alderman provided additional information regarding the Commiselon~s problems in trying 'to arrange an acceptable schedule for all persons involved. Alderman Marrest felt Council would be acting in a responsible way by getting the actual cost figures involved in order to determine what rate should be charged. ~he Alderman agreed that the taxpayers cannot continue to subsidiz. ,r,,, i,d,fi,it, ly. and that th, fi,ancial implicatio,,.of oth,r gre,p,l .,in would have to be weighed. Alderman theeamen also agreed ,with the user concept, c~mnenting that the City has to try to close the gap between the cost 'of operating and the revenue derived. The Alderman felt the taxpayers should !~nOt have to assume the cost of operating the arena for a ~pecial even~.,.particu ~hen the organization involved is capable of paying the cost. Alderman CmmninSs felt that because of camailments already made for this Council either had to con~i~ with the $40 per hour rental fee or include a -5 - a small increase. The Alderman felt it would be unfair to increase the rates part way through the year, particularly since the teams have organized their tournaments, set their budgets, etc. Alderman Cummings suggested that the rental fees be reviewed with the groups with a view to increasing the rates to reflect the City~s costs for future years. In response to a question raised by Mayor Thomson, Fir. Montgomery indicated that the schedule recommended by the Commission, had eliminated use of the arenas on ~hursdays for special events. This could cause a problem, particularly for the large tournaments, because all of the games scheduled for tournaments already set up, could not he played in the shorter time period. Dr. R. Biamonte of the Stamford Oldtimers Team, indicated that the fee mentioned at a meeting of the Commission was $80 to $100 per hour to cover operating costs. With respect to revenue from the tournaments, Dr. Biamonte stated that the number of teams participating in a tournament did not mean anything more to the organization's income, and this could be checked on the financial statements submitted to the Commission. Mr. P. Zoretich of the A1 Reid Memorial Tournament indicated that there had been no prior discussion with his organization regarding elimination of Thursday nights for special events. Because of the number of teams participating, the elimination of Thursday nights would mean the tournament could not operate. Mayor Thomson suggested that Council could adopt the schedule outlined in the report with the exception of the elimination of Thursdays for special events, and that further discussions be held regarding the rental fee for special events. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman err, that the schedule for winter use of municipal arenas be adopted with the exception of the Thursday exclusion for special events, and that this matter be discussed further with the Recreation Commission and org~nizations involved. The motion Carried with Alderman Schisler voting contrary, and all others voting in fayour. It was then moved by Alderman Puttick, seconded by Alderman err, that there be no change in rental rates for the year 1981 and that a report be prepared on rates for 1982. This motion was Defeated with the following vote: -AYE: Aldermen Cummings, Puttick and err. NAYE: Aldermen Chessman, Fera, Baker, Janvary, Merrett, Schisler, Kerrio and Somerville. It was then moved by Alderman Cheesman, seconded by Alderman Fera, that the proposed special event rate be referred back to the Recreation Commission to discuss further with the organizations involved. The motion Carried with the following vote: AYE: Aldermen Chessman, Fera, Baker, Janvary, MetratS, Schisler and Sanerville. .NAYE: AIdermen Cummings, Puttick, err and Kerris. No. 526 - City Manager - Re: Community Recreation Centres Act. The report raceunhands passage of a by-law to establish Memorial Park as a community centre under the Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the reportl,be received and adopted. Carried Unanimously. No. 527 - City Manager - Re: Firehall Theatre - Architect~s Agreement - C.S.C.P. The report recommends passage of a by-law to authorize an agreement with D.N. Chapman and Associates for the preparation of plans and full architectural services for the Firehall Theatre. Alderman Puttick questioned the 10% architect's fee, when such fees were usually around 6%. The Alderman stated that it was his understanding the fee being charged for the new Regional Headquarters was 4%, compared to the 10% being charged to the Gity in this case. Alderman Chessman suggested that the fee percentage could be based on the total cost of the project so that the lower the project cost~ the higher the percentage fee would be. Fayor Thomson suggested that the report could be adopted, and an explanation obtained on the fee structure. The .Director of Buildings & Inspections indicated that he would be pleased to obtain this information for Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the report be received and adopted. Carried with Alderman Schisler voting contrary~ and all others voting in layout. -6- No, 528 - City Manager - Re: Firehall Theatre - C,S,C,P, The report recommends passage of a by-law to authorize an agreement with G.A. Romeo Construction Ltd.. for additions and alterations to the Firehall Theatre, { In response to a question raised by Alderman Cummings, the Director of ~ Buildings & Inspections advised that the additional funds required for the project would be transferred from accounts for projects that either may not be constructed, or for which the cost would be less than originally estimated. The original $3,000,000 approved for the Program will not be exceeded, nor would the City's share of $750,000. Alderman Cummings felt that there should be a list prepared of the projects, by priority, to be carried out under the program, and whether or not any of those projects will not be completed. Mayor Thomson advised that the low tendeter had voluntarily withdrawn his tender because mechanical and electrical quotations had not been included in his prices. Alderman Janvary provided additional information on the work to be carried out. t. Alderman Schisler indicated that he would not vote in favour of the % report because of the conflicting figures contained therein. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report be received and adopted. Carried with Alderman Schisler voting contrary, and all others voting in layout. ~ bee Resolution No. See By-law No. 81-1i No. 529 - City Manager - Re: Zoning By-law 79-200 and Ontario Municipal Board ~ Decision. The report recommends passage of two by-laws to amend By-law 79-200 and to provide for the designation of certain lands as a site plan control area ORDERED on the motion of Alderman Orr, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. See By-laws 81-179 81-180 No. 530 - City Manager - Re: Zoning Amendment Application AM-10/81, T. Maxim a' V. Morrison, East Side of Alex Avenue, North of McLeod I~ad. The report recommends approval of the subject application. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. . See By-law No. 81-1[ No. 531 - City Manager - Re: Zoning Amendment Application AM-8/81, Walker Broth~ Quarries Ltd., Northeast Corner Mountain Road and Thorold Town Line. The repor recommends approval of the applciation to add to the present zoning on the ,, property (Extractive Industrial), the additional use organ Industrial Landfill operation subject to the approval of the necessary environmental hearing which will be held under the Environmental Protection Act and to the prior approval of the NPCA to the rerouting of the Ten Mile Creek. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 81-1~ No. 532 - City Manager - Re: Projected Housing Construction - Status Report on Supply & Damann. The report provides a broad overview of the changing demand for housing lots caused by low growth rates and other inhibiting factors such as exceptionally high interest rates. The Planning Director provided additional information in resonse to a number of questions raised. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman~ that the report be received and filed. Carried Unanimously. No. 533 - City Manager - Re: Zafeeris - By-law No. 81-143 (Caboose). The repox rec(mmaends that Council consider and instruct staff as to the action which it wishes to be taken with respect to the subject application. Alderman Orr felt that Council should charge Mr. Zafeeris under the ~onin8 By-law or the Building Code Act for placing the caboos,e on the property c?~ntrary to the By-law and the Act. Mayor Thomson suggested that since the land was owned by the M.T.C., contact could be made with the Ministry, as owner of the site, to have the caboose removed from the site. Alderman Chessman stated that he agreed with repealing the amending by-law as opposed to allowing the Ontario Municipal Board to handle the matter at a hearing of the objections. Alderman Puttick suggested that as well as taking one of the alternatives outlined in the report, Council should request Mr. Zafeeris to remove the caboose which could resolve the problem without further action being taken. The Deputy City Solicitor indicated that additional telephone calls or correspondence with the M.T.C. could result in some action being taken without court proceedings. Following further comment, it was moved by Alderman Baker, seconded by Alderman Puttick, that: 1) Council repeal By-law 81-143; 2) Charge Mr. Zafeeris under the Zoning By-law or The Building Code Act for placing the caboose on the property contrary to the Zoning By-law or the Building Code Act; 3) Request the Ministry of Transportation & Ccmmunications, as owner of the site, to have the caboose removed from the site; and 4) Request Mr. Zafeeris to remove the caboose from the site. Carried Unanimously. No. 534 - City Manager - Ro: Encroachment on Daly Street. The report recommends ' that the application for the passing of a by-law to permit the continuation of encroachments of part of an apartment building, including the eavee, at 8078- 8080 Daly Street, be approved and the by-law authorizing the encroachment be given the necessary readings. Carried Unanimously. See By-law 81-183 No. 535 - City Manager - Re: Proposed Purchase of Property Required for the Realignment of the Stanley Avenue/Valley Way Intersection. The report recommends approval of a proposal for the realignment of the subject intersection and passage of a by-law authorizing the acquisition of the lands required for the realignment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Puttick and Schisler voting contrary, and all others voting in favour. See By-law 81-184 No. 536 - City Manager - Re: Parking on John Street. The report recommends preparation of a by-law to prohibit parking from the southerly side of Hiram Street from Ontario Avenue to River Road. ORDERED on the motion of Alderman Orr, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 537 - City Manager - Re: Tenders for the Purchase of New Equipment - 1981, Niagara Falls Fire Department. The report recommends acceptance of the low firm quotation from Autoland Chrysler Ltd. for the purchase of a 1982 model panel van and a 1982 model sub compact passenger sedan. Alderman Kerrio asked why quotations were not requested for vehicles in stock as opposed to asking for prices in 1982 models. The Fire Chief explained that in checking, there had been no 1981 vans available to purchase and the 1981 models were no longer being made. In response to a question raised by Alderman Orr, the Fire Chief indicated that the van would be used for training purposes and is also a back-up for the rescue truck. The van that is being replaced is a 1972 model, and is in very poor condition. Alderman Cummings advised that he was certain the vehicles were necessary, and that the questions raised regarding availability of 1981 models had been investigated prior to the quotations being called. Following further comment, it was moved by Alderman Schisler, seconded by Alderman Kerrto~ that the report be tabled and an explanation provided on the recommendation to purchase 1982 models as opposed to 1981 models. The motion Carried with the following vote: ~YE: Aldermen Cheesman~ Baker~ 3anvary~ Marrett~ Orr~ Schisler and Kerrlo. Alderman Baker felt that Council had acted in 8ood faith when it had [~YE: approved the rezonin8 application to permit the caboose~ and suUested that "' Council repeal By-law 81-143 which has not come into force by reason of the NOB: objections filed to theby-law. Aldermen Cummings, Fera and Somerville. Alderman Puttick declared a conflict of interest and abstained from votin8 on the matter, S' -8- No. 476 - City Nanager - Re: Contract G.C. 15-81, Sewermains, Watermains and Base Road Construction in Manroe Extension Subdivision. The report recommend approval of the unit prices submitted by Provincial Construction (Niagara Falh · Limited for the subject contract. AND Communication No. 222 - Group 2 Development Limited - Re: Contract G.C. 15-81.~ The communication advises that the firm is now in a position to proceed with the underground servicing of the subject subdivision. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that thf~ report be received and adopted, and the communication received and filed. Carried Unanimously. See Resolution No.N~ See By-law No. 81-q No. 538 - City Manager - Re: Contract R.G. 17-81, Finished Road Construction i~, Dorchester Square Subdivision. The report recommends acceptance of the unit prices submitted by Stephens and Rankin Inc. for the subject contract. In response to several questions raised by Alderman Puttick, Mayor Thomsoti explained that the owner of the subdivision is presently in receivership, and City was dealing with the trustee appointed in respect to the servicing costs.~ The remaining work to be carried out would not be done at the expense of the taxpayers, and the City will make sure whoever purchases the subdivision lands will be responsible for the servicing costs. The City would not install any further services until the outstanding servicing costs are deposited by the owner. Alderman Puttick did not feel the City should do any work in the subdtvtsi until the problem of insufficient funds in the letter of credit for servicing costs has been resolved. The Director of Municipal Works explained that the financial problems involved in the subdivision had been discussed by Council in June, and approval was given at that time to proceed with some of the servicing. There are sufficient funds in the letter of credit to carry out th finished road construction. Following further comment, it was moved by Alderman Kerris, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others voting in favour. ' See Resolution No. See By-law No. 81- RATIFIGATION OF CO~ITTEE OF ~HE WHOLE DECISION It was moved by Alderman Kerrio, seconded by Alderman Fera, that there be no deletions from the terms of the subdivision agreement with respect to servil for the Dorchester Square Subdivision, Plan M-52. Carried Unanimously. No. 539 - City Manager - Re: Sidewalk Location in Dorchester Square Subdivision~ The report recommends that curb faced sidewalks be constructed on both sides of' University Avenue in the Dorchester Square Subdivision and that the remaining sidewalks be constructed at the standard location on other streets in the subdivision, ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 540 - City Manager - RO: Parking on Buckley Avenue near the Library. m~pp: report recommends that $1,000 be spent from the existing Parking. Fund to i ov parking on the westerly side of Buckley Avenue near the Library adjacent to Crawford Place. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the reportibe, received and adopted. Carried Unanimously. No. 541 - City Manager - Re: Intersection of Buchanan Avenue and Robinson Stree] The report reconnends preparation of a by-law to prohibit parking at all times on Robinson Street on the north side from Buchanan Avenue 95~ westerly and 90 easterly; and on the south side frc~ Buchanan Avenue 110~ westerly and 95~ easterly. ~ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that · the report be received and adopted. Carried Unanimously. Ho. 542 - City Manager - Ret Parkin~ on Falls Avenue. The report recommends that parking be prohibited from the easterly side of Falls Avenue from Hiram Street to John Street. ORDERED on the motion of Alderman Merrett, seconded by Alderman Feras that the report be received and adopt/~d ,. Carried Unanimous ly · · .... 9 -9- No. 543 - City Manager - Re: City Accounts. The report provides information on questions raised regarding an amount of $4,900 for steel work done on the Oakes Park west side bleachers, and $374 for parking meter bags. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, ~hat the report be received and filed. Carried Unanimously. No. 544 - City Manager - Re: Pedestrian Crossings. The report reconmends that City staff be authorized to meet with the Region's Public Works Committee concerning pedestrian activated signals on Portage Road at Stamford Court and Portage Manor, and further that staff be authorized to offer to contribute up to 50% of the cost of these installations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 5~5 - City Manager - Re: C.S.C.P. Program, Hard Services. The report recommends that the CityIs share of the watermain replacement portion of the C.S.C.P. programbe funded from the accumulated surplus for replacement of watermains from previous operating budget; and that the sanitary, storm sewers, and sidewalk replacement on Bridge Street be financed from sources indicated below. The Director of Municipal Works provided additional information on the report. ORDERED on the motion of Alderman Cumxntngs, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 546 - City Manager - Re: Interest and Penalty Charges on Overdue Taxes. The report recommends passage of two by-laws to set the rate of interest and penalty chargeable on overdue taxes at 22.8% per annum (1.9% per month) effective September 1, 1981. Alderman Schieler stated that he could not support the recommendation because he did not agree with the City's policy on instalment payment of taxes. The City Treasurer explained the City's policy that when the first insraiment is not met, the second insraiment becomes due and the taxpayer is therefore penalized for the full amount of the bill. Alderman Puttick pointed out that the purpose of the change was not to penalize the average taxpayer who pays his bill on time, but the person investing 'his funds at a higher rate of interest than it costs to allow his taxes to go into arrears. Alderman Chessman also stated that the policy should not be considered as a penalty, but an incentive to pay as early as possible. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried with Alderman Schisler voting contrary, and all others voting in layout. See By-laws 81-187 and 81-188 No. 547 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. Alderman Cummings advised that due to a serious illness in his family, he was unable to attend the Parks & Recreation conference in Calgary, and had returned the cheque that had been issued to him for his attendance. The City Manager, City Treasurer and Director of Buildings & Inspections provided additional information regarding Cheques #3650, 3657, 3669, 3743, 3746, 3784, 3792, 3800 and 3806 in response to questions raised by Aldermen Puttick and Ctmunings. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fete, that the report be received and adopted. The motion Carried with Alderman Cununin~s; abstaining on Cheque #3659, and all others voting in fayour. No. 548 - City Manager - Re: Closed Circuit Telecast - Leonard/Hearns Championship FiEht. The report recommends that the City enter into an agreement with 458143 Ontario Inc. for the purpose of presenting the closed circuit telecast 'of the Sugar Roy Leonard/Tommy Hearns World Welterweight Championship fight on September 16, 1981 at the Niagara Falls Memorial Arena. Additional information was provided by the Director of Buildings & Inspections reSardln8 the renovations at the Niagara Falls Memorial Arena in response to a question raised by Alderman Baker. ORDERED on the motion of Alderman Kerris, seconded by Alderman Somerville, that the report be received and adopted, Carried Unanimously. - 10 - No. 549 - City Manager o Re: Zamboni - Stamford Arena. The report provides information on repairs to the Zamboni at the Stamford Arena, and the cost of purchasing a new machine and using the existing machine as a spare. The Director of Buildings & Inspections provided additional information on the repairs that were carried out on the Zamboni. In response to a question raised by Alderman Kerrio, the Director of Buildings & Inspections indicated that he would determine if the Clty's mechanics would be able to do repair work on the machine if necessary. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that the report be received and filed. Carried Unanimously. No. 550 - City Manager - Re: Niagara South Recreation Centre Parking Lot Additk The report recommends that an addition to the parking lot at the Niagara South Recreation Centre be constructed which will provide for an additional 20 parkin spaces. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 551 - City Hanager - Re: Demolition Tenders. The report recommends that Richard Collee ~rucking be awarded the contract for demolition of four butlding.~ under Council approved Property Standards By-law ~H4-204 at 2715 Portage Road, 8066 Norton Street, 8078 Norton Street and 4885 River Road. ORDERED on the motion of Alderman Chessman, seconded by Alderman Feras that the report be received and adopted. Carried Unanimously. See Resolution No. See By-law No. 81-18~. No. 552 - City Manager - Re: Niagara Falls Arena - Tempered Class. The report recommends that Rotomatic Display Products Limited be awarded the contract to install high tempered glass in the Niagara Falls Arena at a total cost of $14,507.00. Alderman Cummings referred to glass that was erected at the Arena at one time, and was subsequently removed, and asked why more glass_.was going to be erected again. The City Treasurer stated that shorter glass had been erected in another location at the Arena at one time, and had been removed because it had been marked badly causing poor visibility. Mayor Thomson also stated that there have been a number of requests for this glass to be erected, particularly around the penalty and players boxes. Alderman Cun~ings asked that staff investigate the reasons for the removal of the previous glass. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Feras that the reportbbe, received and adopted. Carried Unanimously. No. 553 - City ManaBeT - Re: Building Permits. The report#provides information on the permits issued for the month of July 198l as compared to July 1980. ORDERED on the motion of Alderman Baker, seconded by Alderman KeTTles that the report be received and filed. Carried Unanimously. No. 554 - City Manager - Re: Property Standards. The report recommends that Council appoint a committee to study the property standards system? . The Director of Buildings .& Inspections explained that the committee was sugested to review the City*s system of processing camplaints under the Property Standards By-law. It would not be considering properties in the manner that the Property Standards Committee would, but would review the system with a view to making improvements. ORDERED on the motion of Alderman Cunnings, seconded by Alderman Herrerr, that the report be received and adopted, and Aldermen Bakers Kerrio and P~ttick be appointed to the committee, Carried Unanimously. Be. 555 - City Manager - Re: RyeTeen Market Park. The report provides informstic on the status of Ryeraon Market Park. ' ORDERED on the motion of Alderman/4errett, seconded by Alderman Cummings, ·that ~thejreport be received and filed. Carried Unanimously. RESOLUTIONS VNo. 76 = CU~INGS - SOHERVILLE . RESOLVED that the Niagara RegiOnal Police .Fastball Team be granted permission to conduct a beer tent in conjunction with their annual Invitelionel All Police Fastball Tournament at Ker Park on September 11, 12 and 13, 1981, subject to the approval of the Niagara Regional Police Departments the Niagara Falls Fire Department, the Niagara District ikalth Unit and the Liquor Licensing Board of Ontario; A~D the Seal of the Corporation be hereto dfixed, Carried Unanimously -11- No. 77 - FERA -ORR - RESOLVED that the price submitted by G.A. Romeo Construction Limited for the construction of additions and alterations to the Firehall Theatre, be accepted in the amount of $187,390; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Schisler voting contrary, and all others voting in fayour. No. 78 - CUMMINGS - FERA - RESOLVED that the unit prices submitted by Provincial Construction (Niagara'Fails) Limited for sewermain, watermain and base road construction in the Monroe Extension Subdivision, be accepted at the tendered price of $108,064.60; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 79 - KERRIO - CHEESMAN - RESOLVED that the unit prices submitted by Stephens and Rankin Inc. for finished road construction in the Dorchester Square Subdivision, be accepted at the tendered price of $141,663.00; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Puttick voting contrary, and all others voting in fayour. No. 80 - CHEESMAN - FERA - RESOLVED that the price submitted by Richard Collee Trucking for the demolition of four buildings under the Property Standards By-law, be accepted in the total amount of $7,175.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-179 - A By-law to amend By-law No. 79-200 as amended. No. 81-180 - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. No. 81-181 - A By-law to amend By-law No. 79-200, as amended, being the Zoning By-law. (AM-8/81) No. 81-182 - A By-law to amend By-law No. 79-200, as amended, being the Zoning By-law. (AM-10/81) . No. 81-183 - A By-law to allow the maintaining and using of a building which encroaches on Daly Street. ~o. 81-184 - A By-law to authorize the purchase of land for the Valley Way and Stanley Avenue intersection re-alignment. No. 81-185 - A By-law to authorize the execution of an agreement with Stephens and Rankin Iuc. for the construction of finished roads in Dorchester Square Subdivision, No. 81-186 - A By-law to authorize the execution of an agreement with Richard Collee Trucking and Excavating Lid. for the demolition of buildings. No. 81-187 No. 81-188 No. 81-189 So. 81-190 - A By-law to impose a percentage charge as a penalty for non-payment of taxes for any class of insraiment thereof for the year 1981, - A By-law to provide for interest payable on taxes levied prior to 1981 that are overdue and unpaid on August 31st, 1981 and on taxes levied for 1961 that are overdue and unpaid on December 31st, 1981. - A By-law to provide for the establishment of Memorial Park as a Connnunity Recreation Centre in the City of Niagara Falls. - A By-law to authorize an agreement with Chapman Murray Associates, A~chltects for architectural services in connection with the construction of an addition and alterations to the Fireball Theatre, - 12 - No. 81-191 - A By-law to provide for the remuneration of the Mayor. No. 81-192 - A By-law to provide for the remuneration of the members of the No. 81-193 - A By-law to provide monies for general purposes. No. 81-194 - A By-law to authorize an agreement with G.A. Romeo Construction Li~ for the construction of an addition and alterations to the Pirehall~ Theatre. No. 81-195 - A By-law to authorize the execution of an agreement with Provincial,' Construction (Niagara Falls) Limited for the construction of underground services in Monroe Subdivision Extension. garried with Alderman Janvary vottn8 contrary on By-law 81-192, Alderman Puttic!: voting contrary on By-laws 81-184 and 81-185, Alderman Schisler votin8 contrary on By-laws 81-187, 81-188, 81-190 and 81-194~ and all others voting in fayour. ORDERED on the motion of Alderman Fern, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 81-179 No. 81-180 No. 81-181 By-law to amend By-law No. 79-200, as amended. - A By-law to designate an area of land in the City of Niagara Falls/ as a site plan control area. ] - A By-law to amend By-law No. 79-200, as amended, being the Zoningf By-law. (AH-8/81) ,T No. 81-182 - A By-law to amend By-law NO. 79-200, as amended, being the Zoning By-law. (AM-10/81) No. 81-183 - A By-law to allow the maintaining and using of a building which encroaches on Daly Street. No. 81-184 - A By-law to authorize the purchase of land foT~'the Valley Way and Stanley Avenue intersection re-alignment. No. 81-185 - A By-law to authorize the execution of an agreement with Stephens and Rankin Inc. for the construction of finished roads in Dorchest No. 81-186 - A By-law to authorize the execution of an agreement with Richard Collee Truckin8 and Excavating Ltd. for the demolition of build ingot4 No. 81- 8,-2fB ; :r 2 impo.e .percentage charge a. apena.y no.-pay--i' No. 81-188 - A By-law to provide for inters a v to 1981 that are overdue and unpaid on August 31st, 1981 and on taxask levied for 1981 that are overdue and unpaid on December 31st, 1981.~ No. 81=189 - A By-law to provide for the establishment of Hemorial Park as a Community Recreation Centre in Niagara Fails. No. 81-190 - A By-law to authorize an agreement with Chapman Murray Associates, Architects for architectural services in connection with the construction of 'an addition and alterations to the Firehall Theatrt No. 81-191 - A By-law to provide for the remuneration of the Mayor. No. 81-192 - No. ~1-193 - No. 81-194 - _~O. 81-195 - A By-law to provide for the remuneration of the members of the A By-law to provide monies for general purposes, A By-law tO authorize an agreement with G.A. Romeo Construction Limited for the construction of an addition and alterations to the} Firehall Theatre. - 13 - NEW BUSINESS COUNCIL/STAFF SLO-PITCH GAME It was moved by Alderman Marfelt, seconded by Alderman Baker, that Council participate in a City Council versus City Staff sic-pitch game on August 17, 1981 at Firamen's Park. Carried Unanimously. SOCIAL SECURITY CHEQUES It was moved by Alderman Cummings, seconded by Alderman Merrett, that a letter of thanks be sent to Mrs. M. Rigby, for her kind comments about the City's assistance in obtaining Social Security cheques for Niagara Falls citizens. Carried Unanimously. EQUIPMENT AT CHIPPAWA FIRE HALL Alderman Puttick indicated that it was his understanding one of the two pieces of equipment at the Chippaws Fire Hall was not operating. It was moved by Alderman Puttick, seconded by Alderman Cheesman, that a report be submitted at the next Council meeting regarding the condition of the equipment at the Chippaws Fire Hall~ including an explanation of the inoperable equipment, and why Council was not advised of this information. Carried Unanimously. AVONDALE STORE - STANLEY AVENUE/VALLEY WAY PLAZA In response to a question raised by Alderman Puttick, Mayor Thomson explained that the zoning on this particular property permits this type of operation, as long as 25% of the business is wholesale. The retail is permitted in conjunction with a wholesale operation. In response to a further question by Alderman Puttick, the Mayor advised that whether or not the property changes hands, it is still governed by the applicable zoning by-law. Alderman Cummings indicated that he had spoken to the manager of the new store and had been advised the store might be open for twenty-four hours per day. Mayor Thomson indicated that the City has no regulations governin8 store hours. SEASON TICKET SALES In response to a question raised by Alderman Cummings, the City Manager advised that to date, eighty-four season tickets had been purchased, and one hundred and eighty-four had been ordered. The City Manager also explained the problems encountered in 1980 when people had ordered tickets and had not paid for them. Additional information was provided on what games would be included in the price of the season tickets this year. Alderman Herrett suggested that the Promotions & Facilities Co-ordinator attend a future Council meeting to explain hls~promotion campaign for the .Niagara Falls Flyers in the next season. MESSAGES OF CONDOLENCE It was moved by Alderman Janvary, seconded by Alderman Kerrio, that , messages of condolence be sent to the families of the late Mr. Clayton Homingstar, Mrs. Pearl Golchuk and Mr. Robert 8orley. Carried Unanimously. FOURTH TAX INSTALMENT In response to a question raised by Alderman Janvary, the City Treasurer advised that during 1980 a radio campaign had been used to encourage people to pay their final tax insraiment. This method would not be used in 1981 because of the inability to assess its success in 1980. ASSOCIATION OF MUNICIPALITIES OF ONTARIO CONFERENCE 8this e seconded by Alderman Herrell, that It was moved by Alderman ~ Alderman Janvary be permitted te ~. ~.N.O. Conference in Toronto on August 24'- 26, 1981. Csrrie~' A By-law to authorize the execution of an a8reement with Provinclsl!~ Construction (Niagara Falls) Limited for the construction of ' S {: :I :P 1Fz _Carried with Aldermsn Janvary ~otin8 contrary on By-law 81-192, Aldermen ~uttick "' on By-laws 81-187, 81.-188, 81-190,~pd 81-194, and all others voting in .. fayour, ~ , · ON THIRTY-SECOND MEETING Conuntttee Room #1 August 31, 1981 COMMITTEE OF THE WHOLE Council met on Monday, August 31, 1981 at 7:15 p.m. tn Committee of the Whole. All members of Council were present. Alderman Cheesman presided as Chairman. Following consideration of the Whole arose without reporting. presented, the Conunities of the READ AND ADOPTED, JoL. CO1 CITY CLERK MAYOR WAYNE THOMSON COUNCIL MEETING Council Chambers August 31, 1981 Council met on Monday, August 31, 1981 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 ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the minutes of the meeting held on August 10~ 1981, be adopted as printed. Carried Unanimously. ' DEPUTATIONS MR. A. McCRORIE - JOHN N. ALLAN PARK Mr. A. McCrorie expressed his concerns regarding the condition of John N. Allan Perk and a number of other matters relating to the possible sale of the property to Marineland. Mr. McCrorie comJnented further in response to a number of questions raised by His Worship, Mayor Thomson and members of the City Council. MAyor Thomson indicated that information for which the Council had been waiting was to be available within several weeks, and once presented~ the Council would be in a position to make a decision. Following further conment, it was moved by Alderman Kerrio, seconded by Alderman Merrett, that the conmlunication be received and filed. C~ried Unanimously. SAVE OUR HOMES COMMITTEE - INTEREST RATES Mrs.. D. Skilion of the "Save our Homes" Cocamittee advised that many people are interested in doing something about the high interest rates affecting home owners. Mrs. Skilion indicated that if the Conunities had the support of City Council to go to the Federal Governments it would do much better than it would be doing on its own. Mayor Thomson advised that a resolution submitted by North Bay at the Association of Municipalities of Ontario conference respecting interest rates, was unanimously endorsed by the member municipalities. The Mayor suggested that City Council pass a similar resolution requestins the Federal Government to take immediate steps to reduce the present high prime interest rate. No. 84 - MERRETT - DILT8 - RESOLVED THAT ~HEREAS the Council of the City of Niagara Falls is concerned that the current hiZh prime interest rate is causing people to lose their homes and their busineeees; AND HHEREAS the Governor of the Bank of Canada and the Federal Minister of Finance do not appear to be taking any steps to reduce the current high prime -2- interest rates; NOW THEREFORE the City of Niagara Falls petitions the Government of Canada, the local Member of Parltament~ the Governor of the Bank of Canada and the MInister of Finance to take immediate steps to reduce the present high prime interest rate; AND the Seal of the Corporation be hereto affixed. Carried Unanimousls UNFINISHED BUSINESS ZAFEERIS - BY-I~W NO. 81-143 (CABOOSE) Report No. 556 - City Manager - The report recommends passage of a by-law to repeal By-law No. 81-143, in accordance with the decision of Council at its meeting of ~J/gust 10, 1981. AND C~mmuntcation No. 223 - Mr. A.F. Sheppard - ~]]e communication advises that Mr. Zafeerls is prepared to move the offending caboose from Victoria Avenue within a period of thirty days. In response to questions raised by Alderman Baker and Mayor Thomson, the City Solicitor advised that Council should proceed with the repeal of the by-la~ so that the application to the Ontario Manicipal Board can be withdrawn. In the event the caboose is not removed within thirty days, it would be to the Ctty's advantage to have the by-law repealed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that the report be received and adopted, Fw. Zafeerie granted a period of thirty days to remove the caboose from the Victoria Avenue property, that a report be made to Council at that time Indicating whether or not the caboose has been removed, and that further action against Fir. Zafeerie be deferred until that time. Carried Unanimously. See By-law No. 81-i~ TOURNAMENT HOURS/ICE RENTAL RATES Report No. 557 - Recreation Commission - The report recommends: 1) That the arena rental rates not be increased for the 1981/82 season; 2) That any additional costs incurred at the arenas aea r,~sult of a tournament or special event, be charged to the event organizers; 3) All hockey groups who requested ice time on Thursday eveningd to begin their tournament be permitted to do so (including Niagara South Oldtimers, A1 Reid Tournament, Black Hawks Tournament, Niagara Falls Hornets/Pirates); and 4) That Council request the Recreation .Commission to evaluate the charges for municipal arenas and the use of Thursday nights for tournaments and make appropriate recommendations~to Council during the budget review period later this year. Mayor Thomson advised that staff now have prepared the operating costs for the arenas, and he suggested this portion of the report be referred to the Finance Committee for consideration. Alderman Cunnings stated that there had been some confusion as to what the Cu,..lsston was supposed to be dealing with at the meeting, and noted that wlth0ul the proper information, it throws a hindrance into the whole proceedings. In response to a question raised by Alderman Baker, the Director of Recreation indicated that he did not anticipate any extra costs would be involved unless the tournament organizers specifically requested additional staff to work for the tournament. It was felt that in order to treat. each of the tournaments Ifairlys the City sh0uld charge for any additional services requested. Alderman Janvary felt that a decision should be made on the rental rate sooner so that groups will know what the rates will be prior to making their plans. The Alderman felt that if the rates were established by December of the previous year, the groups which start their planning early in the year would know the costs involved. Alderman Cummings felt the rental rates would have to be discussed during budget review when estimated operating costs are considered. With respect to the rates, Aldermen Cummings felt that the Director of Buildings & Inspections should be more involved in the preparation of reconanendations for increased rates. RegardinS the Commiesion's involvement in recommending rates, the Alderman felt it had:to be clarified exactly what the proper procedure should be in considerinS increases, and who all is to be involved in the discussions. f r -3 - Following further comment, it was moved by Alderman Cummings, seconded by Alderman Baker, that recommendations ~2, #3 and #4 be adopted, and that reco~mnendatton #1 be referred to the Finance Conrailtee. Carried Unanimously. NOTE: Alderman Metfelt was absent when the vote was taken on this matter. PEDESTRIAN CROSSINGS Report No. 558 - Mayor Wayne Thomson - The report advises that the Regional Public Works & Utilities Committee has agreed with the Ctty's proposal to install pedestrian activated signals on Portage Road at Stamford Court and Portage Manor, with the City parttclpatfn8 with the payment of 50°/~ of the cost of installation. AND Communication No. 224 - Regional Municipality of Niagara - The communication advises that the Regional Public Works & Utilities Committee will be recon~nendin8 the Installation of pedestrian activated traffic signals at 3874 and 5130 Portage Road on a fifty per cent cost-sharing basis with the City of Niagara Falls, to Regional Council on September 3, 1981. AND Communication No. 225 - Niagara Transit - The communication requests that the City consider the installation of pedestrian activated signals on Main Street at the Public Library branch. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the report and communications be received and filed, that the Main Street location be included, and that the installation of the signals be expedited once Regional Council approval is received. Carried Unanimously. COMMUNICATIONS No. 226 - Mr. D. Holmes - Re: Insurance Claim. The conununlcatton requests that the City make a decision on dealing with the claim for damages sustained on McLeod Road as a result of Mr. Holmes car strtkln8 a raised manhole cover at the Junction of McLeod Road and Allanthus Avenue. In response to a question raised by Alderman Puttick, Mayor Thomson advised that the City did not become involved in the matter until the letter was received on August 11, 1981. The City Clerk further explained that all parties have disclaimed liability for the claim. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the matter be referred to the insuring firm for Spadco Corp. and the ReSion's insurin8 firm for further consideration, and that Mr. Holmes be advised accordingly. Carried Unanimously. No. 227 - Regional Municipality of Niagara - Re: Group Homes. The communication comments on a number of issues raised by the City of Niagara Falls regarding the -Group Homes proposals circulated for comment by the Region. -ORDERED on the motion of Alderman Fera, seconded by Alderman Dills, that the communication be referred to the special Group Homes Ccenittee for information. Carried th~animously. No. 228 - Regional Municipality of Niagara - Re: Regional Sign By-law 2705-80. The co~munication advises that the Regional Public Works & Utilities Committee will be recommending to Regional Council on September 3rd, 1981, that the City of Niagara Falls not be further exempted from the provisions of Regional Sign By-law 2705-80. A~D Report No. 559 - City Manager - Re: Regional Sign By-law. The report recommends that the City continue its opposition to the Regional Sign By-law at the Regional Council meeting on September 3s 1981. Mayor Thomson felt that Council should request the Region to refer the matter back to the Regional Public Works & Utilities Committees so that Council can have proper representation made at that time. Alderman Puttick stated that it appeared Niagara Falls was the only municipality in objection to the by-law. If the rest of the Region did not object to the requirement that a Regional sign permit would be necessary for signs within twenty metrag of the centre of the road allowance, the Alderman could not understand why Niagara FatEs was objecting. With respect to dupllcation~ Alderman Puttick asked why the City did not turn over the sign permit function to the Region and eliminate the duplication at the local level. l' -4- The Director of Buildings & Inspections pointed out that the by-law would only cover those signs on Regional Roads, and that permits would still - be required for those roads u~der the jurisdiction of the City. The Director of Buildings & Inspections also felt that requiring an individual to obtain a permit from both the City and the Region, was duplication and inconvenience to that person. Mayor Thomson stated that the City was in a different situation than most municipalities in the Region due to its tourist industry. While the Mayor was not opposed to eliminating duplication, he could not see any reason to eliminate~: a local office and make it necessary for a Niagara Falls resident to have to travel to St. Cathartnes to obtain a sign permit for a sign in Niagara Falls. Alderman Cummings suggested that the Region might not have the feeling for what is required in the way of signs in the City of Niagara Falls, because of its unique tourism situation. Regional Councillor Sherat agreed that duplication should be eliminated wherever possible, however if the sign permit service was to be provided, the cost would still come out of the taxpayerss pockets. Following further con~nent, it was moved by Alderman Merrett, seconded by Alderman Chessman, that Regional Council be requested to refer the matter back to the Regional Public Works & Utilities Conunities for further consideration and that a committee of Council be permitted to make representation to the Regisate Committee at that time. ~he motion Carried with Alderman Puttick voting contrary, and all others voting in fav~ur. h No. 229 - Niagara Transit - Re: Opposition - Ruicci - O.H.T.B. The communicatic,~ outlines the reasons for the Commisslon's opposition to an application to the Ontario Highway transport Board for permission to operate bus service between Niagara Falls and Welland. Mayor Thomson indicated that the Transit Canmission was investigating the possibility of supplying this service, and if succassfM~L4 there would be a report to Council on the matter. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 230 - B.S. & W. Whiteley (Canada) Limited - Re: Care of Median and Grass on the Q.E.W. and Service Roads - Niagara Peninsula. The communication re uests the Clty's support in attempting to have the M.T.C. improve their maintenance programmes along the Q.E.W. and its service roads within the Niagara Paninsula.~ ORDERED on the motion of Alderman Cummin8s, seconded by Alderman Chessman, thatl! the City endorse a request to the M.T.C. asking for a higher level of maintenanc,~ on that section of the Q.E.W. located within the City. Carried Unanimously. No. 231 - Sheraton Hotels Niagara - Re: Soliciting. The conununication requests ';i the assistance of the City in dealing with soliciting carried on by taxi cab drivers on Falls Avenue. No, 232 - Niagara Scenic Bus Lines - Re: Soliciting. The communication requests the assistance of the City in dealing with solicitinS carried on by taxi cab drivers on Falls Avenue. '.? AND No. 233 - Double Deck Tours Limited - Re: Soliciting. The communication requestlf the assistance of the City in dealin~ with soliciting carried on by taxi cab drivers on Falls Avenue. Alderman ~errett indicated that this problem had been discussed, at the '! Municipal Parking & ~raffic Committee regarding use of City by-lawS to try and resolve the matter. The Alderman pointed out that since the licensing of taxi cabs and tour operators was under the Jurisdiction of the Regional Police Co~.nlosion, the City should not have to use perking by-laws to enforce the provisions of their by-law. 'i Mayor Thomson explained that there had been about eighteen charges laid under that by-law for soliciting in 1980, and after a lenSthy'hearing~ the cases were thrown out. Since that time~. the solicitor for the Commission has b,en revising the licensing by-law~ and it was felt with the revision, the .by-law would now be effective in ensuring that when · cherge is lald~ it is successful, ~he Mayor also commented that part of the problem lies with the lo- cation. o~ the taxi stand~ and if the stand-were telscared, the situation could improve, -5 - Mr. N. Watson of Double Deck Tours, outlined the problems being experienced in the area as a result of the harrassment of tourists by the taxi cab drivers on Falls Avenue across from Maple Leaf Village, and provided additional information in response to the questions raised. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Kerrio, that the matter be referred to the Licensing Conmittee of the Niagara Regional Board of Commissioners of Police for a response back with respect to the complaints received, and that the matter of the location of the taxi stand he referred to the Municipal Parking & 1Yaffic Committee for further discussion. Carried Unanimously. NO. 234 - Residents of Hexfmer Avenue and Susan Crescent - Re: Vacant Lot to the Rear of Homes in the Hexlmer Avenue/Susan Crescent Area. The communicati on requests assistance in dealing with the subject property which causes rear yard flooding, as well as raises complaints over weeds and mosquitoes which breed in the area. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the matter be referred to staff for the preparation of a report to be submitted to the Municipal Works Committee for consideration. Carried Unanimously. NO~E: Alderman Orr was absent when the vote was taken on this matter. No. 235 - Social Planning Council - Re: Niagara Grape and Wine Festival - Application for Monte Carlo Events. The communication referrs to the approval by City Council of an application for a Monte Carlo event sponsored by the Niagara Grape and Wine Festival, a St. Catharines based group, and asks why a ltcence was granted to the group contrary to the policy adopted by Council (which was prepared by the Social Planning Council), and whether or not the Niagara Grape and Wine Festival is considered a charitable organization. Alderman Cummings indicated that the members of the Gambling/Gaming Committee of the Social Planning Council had been upset with the outcome of the request to Council by the Niagara Grape and Wine Festival to hold a Monte Carlo event in Niagara Falls. Because Councll~s subsequent approval was contrary to the policy prepared by the special Committee and adopted by Council, Alderman Cunntngs advised that the Special Committee would like some rationale for the decision made. Alderman Merrett explained that he had supported the request because the Niagara Grape and Wine Festival was not actually an out-of-town group, since the Festival was celebrated in Niagara Falls and throughout the area. The Alderman did not think this approval constituted an "open door" policy, and did not mean that City Council had disregarded the work of the Social P!anning Council. In response to a question raised, the Deputy City Clerk indicated that .the City had been advised the Niagara Grape and Wine Festival group was a charitable organization~ and the City had proceeded on that basis. Alderman Puttick felt that the City should verify whether or not the group actually was a charitable organization, and if not, that the previous approval be withdrawn. Alderman Nerrett suggested that the group might be considered a "non-profit" organization as opposed to a charitable organization, and does receive a grant from the City of St. Catherines each year. The Deputy City Clerk advised that the regulations from the Province stipulate that the group must be either a charitable or religious organization, and that a charitable group was considered to be anything of benefit to the cenununity. Nayor Thomson stated that he did not feel Council was unsatisfied or did not give full credit for the excellent work done by the Social Planning Counci1~ and there was no indication that Council was going to do away with the policy because of one situation. The Muyor did agree that it should be determined ~hether or not the group was considered charitable~ and if not, the matter should be reported back to Council directly, Following further comment, it was moved by Alderman Puttick, seconded by Alderman Fera~ that the matter be tabled and verification obtained on whether or not the NlaSara Grape and Wine Festival was a charitable organization. ~he motion~arried with Aldermen Chessman and l4errett voting contrarys and all others votingin favour, ~ -6- No. 236 o City of Windsor - Re: Issuance of Lottery Licences. The communication requests. endorsatton of a resolution to allow municipalities to issue bingo lice with prizes valuing $5,000 and raffle licences with prizes valuing $8,000, and ~ that municipalities be permitted to issue Monte Carlo event ltcences. AND No. 237 - Social Planning Council - Re: Issuance of Lottery Licences. The communication advises that the Gambling/Gaming Monitoring Committee of the - Social Planning Council is in fayour of the suggested changes by Windsor subject to all Monte Carlo licences being issued by local municipalities and not regional municipalities. ORDERED on the motion of AIderman Schisler, seconded by Alderman Fera~ that Council endorse the resolution of Windsor as supported by the Social Planning Council. Carried Unanimously. No. 238 - City of Thorold - Re: Regional Landfill Sites. The communication requests endorser/on of a resolution requesting the Region to provide facilities for the purpose of receiving, dumping and disposing of waste including commercial~' and industrial non-hazardous waste, ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that the resolution be referred to the Municipal Works Committee for consideration and recommendation. Carried Unanimously. No. 239 - Canadian Union of Public Employees - Re: Municipal Works Committee. The communication requests that copies of the minutes of either the Public Work: Committee or Council meetings in which the establishment of a joint Municipal Works/Contractors committee were discussed. Nayor Thomson indicated that the Municipal Works Committee meetings are open to the public and covered by the press. Minutes of the meetings are recorded and are available to anybody wishing copies. With respect to meetings with local contractors, the Nayor advised that these meetings are strictly informal. Any recommendations reached by this informal group would have to be discussed at the Municipal Works Canmittee and be subsequently discussed and approved by Council. Alderman Dilts indicated that the Union was concerned about suggestions by the local contractors on contractin~ out certain services now performed by City forces. The Alderman indicated that no changes had been made, and commented that it was the responsibility of members of Council to listen to suggestions that could save .the City money. Alderman Murrett questioned why the local executive of the Union had not approached Council on the matters instead of having the national representative write a letter. Alderman Puttick agreed that there was no reason the Union could not obtain copies of the Nunicipal Works Committee minutes, and suggested that a representative of the Union could go and pick the minutes up when required. Following further comment, it was moved by Alderman Nerrett, seconded by Alderman janvary, that the Union be advised that the Municipal Works Canmittee meetings ·re open to the public, and copies of the minutes are. available if the Union wishes to obtain them. Carried Unanimously. No. 240 - St. Ca_tharines CampinseTs - Re: Special Occasion Permit. The communication requests approval of a special occasion permit for a wine and cheese party on September 26s. 1981 at the Niagara ~eadows Campgrounds. AND ., No. 241 - A1 Reid M~orial Oldtimers Hockey Tournament - Re: $peciaf Occasion Permit. The communication requests approval of a special occasion permit to sell and serve alcoholic beverages in conjunction with the subject' tournament to be held at the Stant~ord, Niagara South and Niagara Falls Arenas on January 21, 22s 23 and 24, 1982. AND No. 242 - Niagara Falls Minor Hockey Association - Re-' Special Occasion Permit. The coexnunication requests approval of a special occasion permit to operate an alcoholic beverage ooncession for the closed circuit Leonard/Hearns boxing matc~ at the NiAgara Falls Nemorial Arena on September 16, 1981. In response to a question raised by Alderman Kerrio, Bayo~ Thomson indicate that the groups are presently permitted to operate these concessions at various City sponsored events on · rotation basis. The Director of Buildings end Inspections advised that there have been problems in the past in this regard, snd discussions sre bein8 held in order to work out · solution, ORDEI~D on the motion of Alderman Fera~ seconded by Alderman Baker, that the. requests be approved subject to ej.tablished policy, Carried Unanimously, -7 - No. 243 - Niagara Falls Square Dance Club - Re: National Square Dance Week. The communication requests that Council proclaim the week of September 14th to September 20th as National Square Dance Week in Niagara Falls. ORDERED on the motion of Alderman Fera, seconded by Alderman Baker, that the request be approved subject to established policy. Carried Unanimously. No. 244 - Regional Municipality of Niagara - Re: Niagara Falls Railway Relocation Study. The communication requests the comments of the City and the Niagara Falls Rail Relocation Co-ordinating Con~nittee in respect to the recommendation of the Niagara Falls Railway Relocation Study Advisory Committee to accept the preferred relocation option which involves a one-way routing of CN traffic on the Stamford and Thorold Subdivisions. Nayor Thomson felt it would be difficult for the members of Council who had not been members of the committee to make a decision when they had not been actively involved. The Nayor explained that it had been determined there would be no railway relocation, however there would be some re-routing of trains. Since the majority of the people on the committee represented Niagara Falls, the committee was successful in making a recommendation that some of the trains be relocated through the Thorold area rather than continue with the sixteen trains travelling through Niagara Falls. The Nayor provided additional background information on the matter. The Director of Municipal Works pointed out that St. Catharines and Thorold were not entirely in agreement with this recommendation, and he felt they should be asked for any comments they might have. If the Region accepts the Committee's recommendation, there would have to be discussions on what procedure should be followed in carrying out the recommendation. Alderman Chessman felt that it would be helpful if members of the Committee were to meet with staff to prepare statements and arguments in support of the Co~unittee's decision, and then determine which route to follow afterwards. The Traffic & Construction Engineer suggested that the best position might be to leave the situation 'as is". It was clear from the report that there would be no financial saving to anyone with the exception of Canadian National. CN can shift their trains without the approval of any authority. If the City were to push for a C.T.C. hearing and the opposition was successful in saying that no changes should be made~ the C.T.C. could prohibit C.N. from making any changes. The Traffic & Construction Engineer felt it was very difficult to determine whether the City should ask for the change or ht C.N. make the changes on its own. The Director of Municipal Works also commented that it could cost as much as $200,000 for · C.T.C. hearing, and although the cost could be shared with the Region, the recommended changes could be made by C.N. without the required approval of anyone. The Traffic & Construction Engineer felt Council should discuss the matter as a whole in order to determine which route to take. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Merrett, that the communication be referred to staff in order to prepare the appropriate background information for Council to deal with the matter at · future General Committee meeting. Carried Unanimously. No. 245 - Royal Bank of Canada - Re: Banking Services. The communication requests an opportunity to review the City's banking requirements and discuss any Royal Bank services which might be of benefit. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be referred to the Finance Committee. Carried Unanimously. NOTE: Alderman Fern retired from the meeting. No. 246 - Niagara 1981 Committee - Re: International Year of the Disabled Person. The camnunication requests that the City consider the purchase of a 'International Year of the Disabled Person FlagIt as a gesture of support and concern for disabled persons during 1981. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary~ that a fin8 be purchased. ~arried Unanimously. REPORTS No. 560 - Recreation Commission - Re-' Leisure ACtivities Directory. The l.communication attaches a copy of the 1981/82 Niagara Falls Fall and Winter Leisure Activities Directory which outlines many of the recreational opportunities available to the citizens of Niagara Falls. ORDERED on the motion of Alderman Nerrett~ seconded by Alderman Kerrio~ that congratulations be extended to the individuals involved in the preparation of the directory, _Carried Unanimously. - 8 - No. 561 - City Manager - Re: AM-l/80, Zoning Amendment Application for Gales Gas Bar Lid., Thorold Stone Road. The report recommends approval of the subjsc!~ aplication for fezshinS to permit development of adjacent property in conjunctii! with the subject operation. ORDERED on the motion of Alderman err, seconded by Alderman Sanervilla, that the report be received and adopted. Carried Unanimously. See By-lawn No. and No. 81-198 No. 562 - City Manager - Re: A/~-15/80, Restricted Area By-law 81-19, Proposed 3-Storey ~dition to Mtchael's Inn. ~he report advises that the Ontario Munici; Board has approved the subject by-law as submitted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and filed. Carried with Alderman Janvary voting contrary, and all others voting in, favour7' No. 563 - City Manager . Re: Six Month Report on Residential Development. The report provides a six month review of residential development in the City. ORDERED on the motion of Alderman Metreal, seconded by Alderman err~ that the report be received and filed. Carried Unanimously. No. 564 - Alderman Marteta - Re: Relief for Parking Requirements for Three SpscL~ Canmercial Areas. The report recommends passage of a by-law to provide relief from the parking requirements for three specific commercial areas. Alderman r4errett and Mayor Thomson provided additions1 information on the matter in response to a question raised by Alderman Baker. ORDERED on the motion of Alderman Herreta, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. See By-law No. 81-1~ No. 565 - City Manager - Re: Land Purchases at Bottom of ~ueen Street. The report provides information on the status of land purchases by the City on Queen Street. ORDERED on the motion of Alderman Cummings, seconded by Aleman Chessman, that the report', be., received and filed. Carried Unanimously. No. 566 - City Manager - Re: Grant of Right-of-Way~ Lot ~8, R.P. 193. The report recommends passage of a by-law authorizing the execution of a Grant of Right-of-Way to the owners of Lot 47, Plan 193, in order to permit the conttnui~ use of a portion of a City owned lot for driveway purposes. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Baker~ that t, he report be received and adopted. Carried Unanimously. i See By-law No. 8l-~;~ No. 567 - City Manager - Re: Detour - r4cLaod Road and Stanley Avenue, Phase II Grade Separation at Conrail. The report advises that Stanley Avenue between Road and Niagara Metals parkinS lot will be closed from September 8th until the grade separation project is completed in 1982. In response to a question raised by Alderman Janvary ~ Mayor Thomson explain' that the Region will be advertising the road closure. ORDERED on the motion of Alderman Ctmunings~ seconded by Alderman Chessmane that the reportbbe!received and filed. Carried Unanimously. No. 5~8 - City Manager - Re: Tenders for Vacuum Catchbasin Cleaner. The report recommends acceptance of the 'tender from Neovac Limited for the supply of one truck mounted Vector Bode1 300 Catchbasin Cleaner in the amount of $6.2~092.10. In response to a question raised~ the Maintenance & Operations Engineer Indicated that while the new machine would only clean sixty-five c~tchbasins per day compared to eighty by the other machine~ only two employees were required to operate the equipment instead of three. In the long run~ there are greater savinSs by usinE the recommended equipment.' Alderman Dills indicated that staff had reported to the Municipal Works Committee that this particular function could be carried out by City forces for less than it would cost to have the service contracted o~t. ORDERED on the motion of Alderman Baker, seconded by Alderman Dills, that the report'be received and adopted, Carried Unanimously:, ' - City r - Re~ 8idawalk Location in Dorchester 8quare Subdivision, TIle report rec that the sidewalk location to be constructed on Universit .Avenue between Keiffer 8treat and Cropp 8treet~ be constructed at its standard :lOeat!on~ ~l per request of residents In the area, ~'0' -9- The Director of Municipal Works provided additional information in response to a question raised by Alderman Baker. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 570 - City Manager - Re: Proposed Local Improvements on Merrttt Avenue. The report recommends that the rate of $9.00 per foot frontage be fixed as the homeowner~s share of this project; and that Council authorize staff to send out a copy of the attached letter to the residents of Merrill Avenue to obtain any reaction on the project. Alderman Janvary suggested that a telephone number be included in the letter to assist any residents wishing to inquire. ORDERED on the motion of Alderman Metreal, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. co nds That the City accept the payment of $16,314.70 from the developer of Blocks 'B' and 'C" in the subject subdivision as payment in full for services rendered Dr tO be rendered to meet the obligations of the Subdivision A~reement for this subdivision; 2) that a letter of clearance or release be given by the Municipality for Blocks "B" and "C'l in Plan M-26; 3) That the Municipality agree to refund the $16,314.70 in the event the Muntciaplity subsequently obtains payment in full of the $16,314.70 from the original Subdivider; and 4) That the City Treasurer arrange for an appropriate deposit of the monies received in an interest earning account. ORDERED on the motion of Alderman Cummings, seconded by Alderman Metreal, that the report>be= received and adopted. Carried Unanimously. No. 572 - City Manager - Re: Dorchester Square Subdivision. The report recommends: 1) That the City accept the payment of $51,710.00 as payment in full for services rendered or to be rendered to meet the obligations,of the Subdivision A~reement for Dorchester Square Subdivision; 2) That upon request, letters of clearance or release be given by the Municipality for all lots and blocks located within the subject subdivision; and 3) That the City Treasurer arrange to deposit the $51,710.00 in an interest earning account as financing for the works remaining in this subdivision. ORDERED on the motion of Alderman Baker, seconded by Alderman Dills, that the report be received and adopted. The motion Carried with Alderman Puttick · voting contrary, and all others voting in fayour. No. 573 - City Manager - Re: Parking on Emery Street. The report recommends that parking be limited to two hours between 8:00 a.m. and 6:00 p.m. on both sides of Emery Street between Temperance Avenue and Gladstone Avenue. ORDERED on the motion of Alderman Marreal, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 57~ - City r4anager - Re: Bridge Street Detour. The report advises that Bridge Street will be closed between Victoria Avenue and Stanley Avenue to through traffic during the construction of sewers and sidewalks on Bridge Street between Victoria Avenue and Stanley Avenue~ from September 14th to November 27th~ 1981. ORDERED on the motion of Alderman Dills, seconded by Alderman Somerville~ that the reportvbe, received and filed. Carried Unanimously. No. 575 - Finance Committee - Re: Cenetery Charges. The report recommends approval of revised cemetery charges as recommended by the Finance Conunities at its meeting of July 10, 1981. ORDERED on the motion of Alderman Dills, seconded by Alderman Cheesman~ that the report be received ~nd adopted. Carried Unanimously. No. 576 - City Manager - Re: Rating By-law for Debenture Charges. The report recommends passage of a by-law that will provide for the levying of rates to pay the principal and interest charges on the ~1,250,000 debenture issue completed August 50 1981. The City Treasurer provided additional information regarding the Interest rate in response to a number of questions raised by Alderman Puttick. ORDERED on the motion of Alderman Kerrlo, seconded by Alderman Cheesman~ that the report be received and adopted. Carried Unanimously. See By-law No. 81-202 No. ~77 - City Manager - Rez Municipal AccOunts. The report recommends payment of the municipal accounts, - 10 - l~e City ~reasurer and City b~anager provided additional information on Cheques #3842, #3846, ~3901, #3925, #3926, #3927, #3951, #4093, #4104, ~4105, ~4111, ~134, #4142, I~165, ~4177 and #4204 in response to a number of question. raised by Aldermen Chessman, Cummings, Dtlts, Kerris, Puttick, Schisler and Somerville. With respect to the cheques for payment of personnel interview expenses for the position of Design & Research Engineer, Alderman Dilts felt this policy should be reviewed by the Finance Committee. It was moved by Alderman ~ferret~, seconded by Alderman Dilts, that the report be received and adopted. Carried with Alderman Chessman abstaining on Cheque #3901, and all others voting in favour. No. 578 - City Manager - Re: Swishing Pools. The report requests that Council direct whether or not F.H. Leslie Park Pool should remain open from August 30th~ to September 6th between 1:00 p.m. and 5:00 p.m. Alderman Chessman felt there should be a more orderly way of dealing with the question of whether or not the pools should be kept open until Labour Day, than waiting until the end of August and making a decision at that time. Several members of Council pointed out that they had driven past the park and had not seen many people using the pool. In response to a question raised by Alderman Puttick, the City Manager advised that a complete breakdown of the operating coats for the pool had been prepared two years previously, and these figures had been updated in order to arrive at a current figure. There would be approximately fifteen employees working, including operators, life guards, 8roundskeepers, office personnel, etc. j Alderman Puttick felt $5,000 was quite expensive to operate a pool for six days, four hours per day. The Alderman felt because of the half days, the cost should be less, and fewer employees should be required. The Director of Buildings & Inspections explained that the estimated cost also included figures for chlorine and hydro, as well as t_~he ,labour costs. It was further explained that every effort would be made to keep the costs to a minimum. Following further discussion, it was moved by Alderman Cun~ings, seconded by Alderman Nerrett, that the F.H. Leslie Park Pool remain open from August 30t~ to September 6th, 1981 between 1:00 p.m. and 5:00 p.m. The motion Carried with! the following vote: ~YE: Aldermen Chessman, Cummings, Dllts, Baker, Janvary, Herrerr, Kerris and Somerville. .N~YE: Aldermen Orr, Puttick and Schisler. ~ No. 579 - City Manager - Re: Niagara Falls Junior 'B' Canucks Agreement. The report recommends passage of a by-law to authorize an agreement with the Niagar~ Falls canucks Junior sB. Hockey Club. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cu~mings, that the report be received and adopted. Carried Unanimously. See By-law No. 8I- Ns. 580 - City Manager - Re: Niagara Falls Arena Parking Lot. The report recommends that City Council approve of the revised parking plan for the Niagar. Falls Arena and authorize City Council to take the necessary steps towards implementation. ,~. During the discussion on this matter, members of City Council aebated the advantages and disadvantages of including the small trtanBular piece of land st the intersection of Lewis Avenue and Kitchener Street for'park purposes. It was pointed out that the Recreation Conmission'felt that the small portion of roadway should be dosed and the existing park extended to include that roadway for recreational purposes. The City 8olicitor confirmed that it would be necessary to follow road cloginS procedures prior to the actual closins of the roadway. The Traffic and Construction EnSlneer indicated that the actual cost of ~e~ovinS the roadway would be approximately $6~000~ and the amount of property Satned for park purposes would not be that use{ulo 1 FollowinS further discussion, it was moved by Alderman CumminSs, seconded by Alderman 8chisler~ that the park be extended to the traffic island area~ and ..... - 11 - provide the additional parking requested for the Niagara Falls Memorial Arena. The motion was pefeated with the following vote: AYE: Aldermen Chessman, Cummings, Schtsler and Somerville. NAY__E: Aldermen Dtlts, Baker, Janvary, Merrett, Orr, Puttick and Kerrto. It was then moved by Alderman Janvary, seconded by Alderman Kerrio, Council approve the extension of the Arena parking lot and that consideration be given to the extension of the park land on to the road allowance if the need for additional park land is identified at a later date. The motion Carried wlth Alderman Cummings votln8 contrary, and all others voting in fayour. No. 581 - Loan Review Committee - Re: Applications for Assistance. The report recommends approval of five applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 582 - City Manager - Re: Tender for Purchase of New Equipment, Niagara Falls Fire Department. The report recommends that the City purchase the 1982 panel truck from Autoland Chrysler Limited at a price of $8,999.00 and the 1981 sub-compact passenger sedan from Paul Foy Pontiac Buick at a price of $6,406.00. In response to a question raised by Alderman Orr, the Fire Chief explained that the prices bid by ~otorvtlle originally, had not been firm bids because ~otorville could not project the cost of the vehicles for 1982. There would be a 4% to 5% increase, but the firm was unable to provide s definite projected increase. The Fire Chief further explained that only firm bids were acceptable. Alderman Orr stated that Hotorville had called with 1981 vehicle figures, but had been told not to bid because Autoland Chrysler would be awarded the tender. The Fire Chief indicated that ~iotorvllle had called after the original tenders were opened and had been told Autoland Chrysler was low, and'that staff would be recommendir~ acceptance of that tender to Council. The City Treasurer also advised following Council's direction to table the report of August 10th and obtain prices for 1981 vehicles, contact was made with the previous tenderera and the prices quoted at that time were given to Council. Because of the confusion surrounding the tender, Mayor Thomson suggested the report he tabled for one week, and clarification be obtained. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Baker, that the report he tabled for further clarification. The motion Carried with Aldermen r~errett and Schisler votin8 contrary, Alderman Puttick abstaining on a conflict of interest, and 811 others voting in layout. No. 583 - City Manager - Re: Thorold Fire Department Emergency Telephone Back-Up -at Station No. 1. The report recommends passage of a by-law that would provide the City of Thorold Fire Department with an emergency telephone back-up procedure through the No. I Station at NIagara Falls. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler~ that the reportLbe~ received and adopted. Carried Unanimously. See By-law No. 81-200 No. 584 - City Manager - Re: 1961 Ford Seagrave Pump Failure (Pumper No. 7) The report recommends that the quotation of Superior Fire Trucks Limited of approximately $4,000 be approved for the repair of the pump on the 1961 Ford Seagrave Pamper No. 7. ORDERED on the motion of Alderman Baker, seconded by Alderman Dllts, that the report be received and adopted. Carried Unanimously. No. 585 - City Manager - Re: St. John Ambulance Courses. The report provides information respecting employees who have completed the St. John ~nbulance Courses and hold First Aid Certificates. ORDERED on the motion of Alderman Chessman, seconded by Alderman Nerrett~ that the report be received and filed. Carried Unanimously. No. 586 - City Manager - Re: Design and Research Engineer. The report advises that Mr. Larry Oates has been appointed to the position of Design and Research Engineer at a commencing salary of $34,400 per annum, effective September 198 1 · ORDERED on the motion of Alderman Somerville, seconded by Alderman Baker, that the report be received and .filed. Carried Unanimously. - 12 - No. 587 - City ~anager - Re: Statue of Various Council Matters. The report provides Council with the current status of various items referred to staff, committees, etc. ORDERED on the motion of Alderman Somerville, seconded by Alderman Bakers tha~l the report be received and filed. Carried Unanimously. No. 588 - City Manager - Re: Proposed Downtown Sign, Bridge Street and Erie Avenue. The report recommends that the downtown destination sign be approved by Council for the southwest corner of Bridge Street and Erie Avenue, with construction to be done by Luminex (Niagara) Inc. at a total cost of approximaV co-ordination fees, with $4,000 of n h t Board of Management. In response to a question raised by Alderman Baker, the City Manager explained that the proposed sign could eventually be the model for a sign to be placed at River Road and Queen Street. Once the design is flnaltzed, Council could consider this sign for the River Road location as well. Alderman Baker etated that he would have expected the sign to be located at the base of Queen Street, and he felt it seemed like a considerable amount of money to he attracting traffic from another direction. The City Manager confirmed that the sign could be telcoated to another location if it was found that the Bridge Street/Erie Avenue site was not effective. Alderman Puttick indicated that he was opposed to an expenditure of $11,600 at that location in view of other expenditures made to date. The Alderman pointed out that the gazebe had been built at the base of Queen Street and had not been effective in directing traffic up to Queen Street. The Alderman did not feel the sign would be effective in directing traffic from Bridge Street onto Queen Street, nor that the purchase of properties at the end of Queen Street for an improved entrance would help. The City Manager explained that the sign was not for persons f~miltar with the City, but for tourists and visitors from the United States comijil[ across the international bridge at the bottom of Bridge Street. Mr. G. Mallouk of the Downtown Board of Management felt it was important to support the existing and new businesses on Queen Street by directing additional traffic into the Downtown area. Mr. Mallouk felt that proper signing would increase the amount of traffic going to the Downtown area. Alderman Puttick indicated that he did not feel signing would be effective, and that it was up to the merchants themselves to bring more business to the Downtown area. In response to a question raised by Alderman Cummings, the City M~nager indicated that the proposed sign did conform to the City's sign by-law. Following further comment, it was moved by Alderman Chessman, seconded by Aideman Herrerr, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aidemen Chessman, Cummings, Janvary, Merrett and Kerrio. NAYE: Aldermen Dllts~ Baker, err, Puttick, Schisler and 8emeryills. It was then moved by Alderman Chessman, seconded by Alderman Herrerr, that the report be referred to the Finance Committee for further discussion on other means of financing the expenditure. The motion ~aFried with Alderman Schisler voting contrary, and all others voting in fayour.' ', No. 589 - City Fanager - Re: Ontario Industrial Parks Progr~. The report provides information on the Ontario Industrial Parks Program to assist municipalities in servicing proposed industrial parks. ORDERED on the motion of Alderman Schieler, seconded by Alderman Cummings, that.the report be received and filed. Carried Unanimously. No. 590 - Mayor Thomson - Re~ Section 86~ Assessment.Act. The report reco~mends'~! that City Council invite representatives of the Provincial Assessment Office to make a presentation reSardin8 the possible implementation of re-assessment under Section 86 of the Assessment A~t at a General C~emittee meeting on September 1~, 1981. - 13 - year contract of the Promotions and Facilities Co-ordinator for marketing the City's recreation and entertainment facilities. Mayor Thomson explained that the report was being dis tributed to members of Council for perusal and would be cons idered at the September 8th, 1981 Council meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and considered at the next Council meeting. Carried Unanimously. RESOLUTIONS No. 81 - FERA - BAKER - RESOLVED that the St. Catharines Campineers of the C.F.C.F. be granted a special occasion permit in conjunction with their Annual Grape Festival Campout Wine and Cheese Party, to be held on Saturday, September 26th, 1981, at Niagara Meadows Campground, subject to the approval of the Niagara Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporat~en be hereto affixed. Carried Unanimously No. 82 - FERA - BAKER - RESOLVED that the A1 Reid Memorial Oldtimers Hockey Teams be granted a special occasion permit in conjunction with the Oldtimers Hockey Tournament to be held at the following locations and dates: Stamford Memorial Arena - Thursday, January 21, 1982 - Friday, January 22, 1982 - Saturday, January 23, 198Z - Sunday, January 24, 1982 Niagara South Recreation Complex - Friday, January 22, 1982 - Saturday, January 23, 1982 Niagara Falls Memorial Arena - Saturday, January Z3, 1982 ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 83 - FERA - BAKER - RESOLVED that the Niagara Falls Minor Hockey Association be granted a special occasion permit in conjunction with the closed circuit Leonard and Hearns Boxing Match to be held at the Niagara Falls Memorial Arena on Wednesday, September 16, 1981, subject to the approval of the Niagara Regional Police Department, the Niagara Falls Fire Department, the Niagara Dis trict Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 84 - SEE PAGE ONE No. 85 -ORR - JANVARY - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 81-181 for the rezoning of lands on the northeast corner of Mountain Road and Thorold Town Line, 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 Onanimously BY-LAWS The City Clerk advised that By-law No. 81-204 to provide for the license a~reement with 458143 Ontario Inc. for use of the Niagara Falls Memorial Arena, was being withdra~n since the agreement documents had not been signed as yet. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-196 - A By-law to repeal By-law No. 81-143, being a By-law to amend By-law No. ~9-200, as amended. (Zafeeris) No. 81-197 - A By-law to amend By-law No. 79-200, as emended, being the Zoning By-law. (Gales Gas Bar) ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that[. 81-198 - A By-law to desiSnate an area of land in the City of NtaSara Falls the reportbbe, received and adopted. Carried Unanimously. as a site plan control area. (Gales Gas Bar) No. 591 - City Bana~er - Re| Appraisal of the Promotions and Facilities No. 81-199 - A By-law to emend By-law No. ?9-200, as amended. (Relief from Co-ordinat~r. ~ne report provides information on the first year of the two . Parking Requirements. '{"~< ..... 13 ..... 14 .'d - 14 - - 15 - No. 81-200 - A By-law to authorize an agreement with the Corporation of the NEW BUSINESS City of Thorold to provide Thorold with an emergency back-up communications system for fire protection services. MINISTER'S CONFERENCE ON RECREATION No. 81-201 - A By-law to amend By-law No. 3790, being a by-law for the regulati~' Mayor Thomson advised that Council had authorized the attendance of of traffic. one alderman at the Minister's Conference on Recreation to be held in Toronto. No. 81-202 - A By-law to provide for the levy of rates to pay the principal and { The Mayor asked that Council appoint the member to represent the City at ~ the Conference. Both Aldermen Cummings and Janvary expressed an interest interestondebentures of the RegionalMunicipality of Niagara in[~ in the Conference, and indicated that they would determine if their schedules principal amount of $1,250,000 issued for the purposes of the Cit~,: would permit attendance. of Niagara Falls. ~ STAFF/COUNCIL SLO-PITCH GAME No. 81-203 - A By-law to authorize an agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister oft/ Mayor Thomson indicated that City staff had challenged the members of Industry and Tourism. ! Council to a re-match Sin-Pitch game at the CouncilIs convenience. Alderman No. 81-204 - WITHDRAWN ~ Metfelt indicated that he would try to work out a date with staff, possibly · , on a Saturday afternoon. ~" No. 81-205 - A By-law to authorize the execution of an agreement with Niagara ~ MESSAGE OF CONDOLENCE Falls Canucks Junior "B" Hockey Club. ~ It was moved by Alderman Janvary, seconded by Alderman Merrett, that a ~ No. 81-206 - A By-law to authorize a grant of right-of-way to George Boboros an' message of condolence be sent to the family of the late Mr. Jim Harris. Carried : Christopher Baboros. ~ I' Unanimously. ; ~ No. 81-207 - A By-law to provide monies for general purposes. ,. ST. CATHARINES MEETING AT A.M.O. CONFERENCE i. . ! Carried with Alde Alderman Cummings ind irated that he would like to hear the comments of : '~ Cheesman abstainh' those members of Council who had artended the meeting sponsored by the City "' By-law 81-207, and of St. Gatherinca during the A.M.O. conference on regional government. Due . others voting in to the lateness of the hour, it was suggested that this matter be discussed ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that ' at an upcoming meeting in September. ~ No. 81-196 - A By-law to repeal By-law No. 81-143, being~,.by-law to amend By-1 Alderman Puttick asked if the increased interest rates on overdue taxes u! NO. 79-200, as amended. (Zafeeris) i!a ,, .. ' had resulted in more individuals coming in to pay their accounts prior to ,~ ~ September 1st. The City Treasurer indicated that there had been line-ups at i:, No. 81-197 - A By-law to amend By-law No. 79-200, as amended, being the Zoning ~ the cashiers to pay taxes, and he felt this could be one of the reasons. ~ By-law. (Gales Gas Bar) - [[ NO. 81-198 - A By-law to designate an area of land in the City of Niagara Falls~ VACANCY - COLLECTOR OF PROPERTY, BUSINESS TAX AND WATER ACCOUNTS ~ as a site plan control area. (Gales Gas Bar) Alderman Puttick suggested that the increased interest rates on overdue { ~ taxes might result in more persons paying their taxes on time, thereby No. 81-199 - A By-law to amend By-law No. 79-200, as amended. (Relief from Parki~ eliminating the necessity of hiring a person to collect overdue accounts. Requirements) It was moved by Alderman Puttick, seconded by Alderman Gheesman, that a report be prepared on the position of Collector of Property, Business Tax No, 81-200 - A By-law to authorize an agreement with the Corporation of the Cit~ andWater Accounts prior to hiring of a person to fill this vacancy. Carried Thorold to provide Thorold with an emergency back-up communication Unanimously. .- ' system for fire protection services. NOTICES - INCREASED INTEREST RATES No. 81-201 - A By-law to amend By-law No. 3790, being a by-law fOr-the regulatie '- of traffic. ~ Alderman Cummings referred to notices that had been sent to each taxpayer in the City advising of the increased interest rates on overdue taxes to take No. 81-202 . A By-law to provide for the levy of rates to pay the principal and~t effect on September ls 1981, and felt it was necessary that individuals inquiring interest on debentures of the Regional Municipality of Niagara in about the notices-be advised the Province required the City to distribute the the principal amount of $1,250~000 issued for the purposes of the notices. City of Niagara Falls. ' I PORTAGE ROAD BRIDGE No. 81-203 - A By-law to authorize an agreement with Her MuJeety The Queen in Right of the Province of Ontario as represented by the Minister '~ In response to a question raised by Alderman Kerrio~ Mayor Thomson indicated of Industry and Tourism, !~ that the Portage Road Bridge over the HEPC Canal would be discussed at a Municipal No. 81-204 - WITHDRAWN ~ Works Committee meeting within. the next several weeks. No. 81-205 - A By-law to authorize the execution of an agreement with Niagara 'i * * * * * * Falls Canucke Junior "B" Hockey Club. ~] It was moved by Alderman Metfelt, seconded by Alderman Dllts, that the No, 81~206 . A By-law to authorize a &rant of right-of-way' to Geor&e Boboroe ant~ meeting adjourn to Committee of th~a~l~arried Unanimously. Christopher Baboro8. ~ RFL4J) AND ADOPTED, ~ ~ No, 81-207_- A By,law toeprovide monies for general purposes. it i " Chessman abet , .... . . . . . · By-law ~ ' NAYOR WAYNE THOMSO~ 81-207, COLLIN ~ ~' others voting " ~"'; "'~"""":~"': .......... '/' ' ' ' 'V . ' ' ' ...... 16 - 16 - COMMITTEE OF THE WHOLE C~emtttee Room ~/144 August 31, 1981 ,% Council met on Monday, August 31, 1981 in Committee of the Whole followira !' a regular Council meeting. All members of Council were present with the except' of Alderman Fern. Alderman Chessman presided as Chairman. Following consideration of the items presented, the Committee of the Who arose without reporting. , .~aa- READ AND ADOPTED, cou~cxf Council reconvened in formal session on Monday, August 31, 1981, followiT a meeting in Coem~ittee of the Whole. All members of Council were present withi~ the exception of Alderman Fern. His Worship, Mayor Thomson presided as Cha The meeting adjourned. READ AND ADOPTED, INSONl CITY CLERK THIRTY-THIRD MEETING Committee Room #1 September 8, 1981 COMMITTEE OF THE WHOLE Council met on Tuesday, September 8, 1981 at 7:15 p.m. In Coannittee of the Whole. All members of Council were present with the exception of Alderman 0rr. Alderman Cummings presided as Chairman, Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, FAYOR WAYNE THO~ON Council Chambers September 8, 1981 Council met on Tuesday, September 8, 1981 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman 0rr. His Worship, Mayor Thomson presided as Ch~.irman. Alderman Cummings Offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fern, seconded by Alderman Cummings, that the minutes of the meeting held on August 31, 1981, be adopted as printed. Carried Unanimously. 'PRESENTATIONS' RETIREMENT WATCH - ME. A, STRANGE -- His Worship, Mayor Thomson presented a Retirement Watch to Mr. Art Strange who ~etired on August 31, 1981 with over 44 years of service, having worked for the City of Niagara Falls since'April, 1937. ': "' RETIREI~NT WATCH - MR. G. WELSTEAD His Worship, Mayor Thomson presented a Retirement Watch to Mr. Cord Weletead who retired on August 31, 1981, having been employed with the City of Niagara Falls since June, 1966.' .... 'UNFINISHED BUSINESS TENDER FOR PURCHASE OF NEW EQUIPMENT - NIAGARA FALLS FIRE DEPARTMENT Report No. 592 - City Manager - The report recommends that the City purchase the 1982 panel truck from Autoland Chrysler Limited at a price of $8,999.00 and the 1981' sub compact passenger sedan from Paul Foy Pontiac Buick at a price of $6,406.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the report be received and adopted..The motion Carried with Alderman Puttick abstainir~ on a conflict of interest, and all others voting ~n fayour. Report No. 593 - City Manager - The report recommends that it be read to clarify purchasin8 procedures following for the tender call for purchase of the new equipment for the Niagara Falls Fire Department, 1981. ORDERED on the motion of Alderman Marraft, seconded by Alderman Chessman, that the report be reoeived and adopted. The motion C§rried with Alderman Puttick abstaining on n conflict of interest, and all ethers Voting in favour. -2- APPRAISAL OF PROMOTIONS & FACILITIES CO-ORDINATOR · Report No. 594 - City Manager - The report recommends that this information be received and filed. Aldermen Cummings and Merrett expressed approval of the progress made during the past year in this position which had been of an experimental nature. and Alderman Kerrio offered assistance. - Alde~nan Puttick expressed concern with the control of ticket selling and was assured by the City Manager that the statistical record on this is presently being reviewed. Mayor Thomson referred to a meeting with Mr. Bert Templeton last week when a breakdowV was reqqested from the previous season's ticket holders. The City Manager further advised Council of a weekly report which is completed by the Promotions & Facilities Co-Ordinator, and which can be available to members of Council. The Director of Buildings & Inspections informed Council that he had been assured by the contractor that the scheduled~openfng dace of ...... October 16th for the Niagara Falls Memorial Areha wouid be eel in'spi~e' of adverse weather conditions. The City Manager advised that the Arena Steering Committee will meet tomorrow when concerns expressed by Council will be discussed, such as, diversified activities and events which might be scheduled, and The Promotions & Facilities Co-Ordfnator advised that the Liquor License Board is presently considering the matter of 1leesting, and legislation changes. He alSo. referred to the recent, highly successful sic-pitch tournament and stated that Molsons have already made a commitment for next year in Niagara Falls, and desire an international promotion for-this future event. Council w.~s advised,that a Toronto ~elevisfon station was producing a feature film highlighting Molsons, the City of Niagara Falls, and the City's efforts to promote retreatloyal facilities and events. The Promotions & Facilities Co-ordinator replied to questions raised by explaining the responsibilities and-actions of personnel'in his office. Mayor Thomson congratulated the Promotions & Facilities Co-ordfnator on his efforts and progress over the past year, particularly in view of the adverse publicity fn the local newspaper, some of which has been inaccurate. Ha suggested that Council should produce a policy. for handling deferred' reports in order to avoid premature publicity. Al~erm~n Puttick suggested an official opening of the arena,which might coincide with Civic Community Awareness Week. ORDERED on the moti&n of Alderman Cummings, seconded by Alderman Marrafts that the report be received and adopted. Carried Unanimously, MONTE CARLO LICENeE , NIAGARA GRAPE & WINE FESTIVAL Report No. 595 - Deputy Cit~ Clerk - The.report recommends that the nontents of this report be noted and a copy supplied to the Socisl Planning Council for information purposes. Mayor Thomson advised that they have since decided not to 8o ahead with the Mqnte Carlo events at Maple Leaf Village. ORDERED on the motion 'of Alderman Cummings, seconded by Alderman Dllts~ that the report be received and filed. 'Ca'r~ie'd 'Unad~m0u's'l'y. ~ONI~ BY-IAW. 79-200 AN/) PETITION TO 6ABINET BY MR. PETER GRA~DO~I ,~in Council confirming the dealsion of the Ontario Munichpsi Board,insofar as it relates-to the petition of.l~r, Peter Grandoni. be~noted and that~this report be received and filed, ' ORDERED on the motion of Alderman Merrett, seconded by Alderman .Fern, that the. report. be received. and filed, C~rried Unanimously, , NIAGARA REGIONAL OFFICIAL PLAN - AND - PETITION OF TOWNSHIP.OF WA!NFLBET A~. Orl~ TO C~BINET · ~epOF~ No, ~597~Z.City ~sn~Jer..- Th2 report-.reeo~ends that -the..~ttachad j -3- Order in Council varying, in part, the decision of the Ontario Municipal Board with respect to Niagara Region's Official· Plan be noted and this report be received and filed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fare, that~ the report be received and filed. Carried Unanimously. URBAN AREA BOUNDARIES IN NIAGARA REGIONAL OFFICIAL PLAN Repor~ No. 598 . City Manager - The report recommends that the attached Order in Council confirming the decision of the Ontario Municipal Board inaofar as it-relates to the petition of Cornwill Investments Limited and Bonnington Heights Limited be noted and this report be received and filed. ORDERED on the motion of Alderumn Merrett, seconded by Alderman Fete, that the report, be received and filed., Carried UnanimouslZ .... AM-11/79, RESTRICTED AREA'-BY-LAW NO. 79-154 Report No. 599 - City Manager - The report recommends that Council pass the followin~ by-laws on tonight's agenda: 1) A By-law to amend By-law No. 79-154 and By-law No, 79-200. 2) A By-law to designate the land covered by the preceding by-law as a site-- plan control area. ._Alderman Baker expressed opposition to this type of development on · River Road. However he is aware- of the inevftabflity of the development as a result of discussions with the City Manager and City Solicitor. ORDERED on the mStion of Alderman Fare, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. ..... See By-law No. 81-208 and By-i~w No. 81-209. COMMUNICATIONS No. 2~7 ~ ~owntown Board of. Management - Re: Indoor Flea Market. The communication requests permission to hold a large indoor Flea Market at 4600 Queen Street, on Saturday, September 26th, 1981 in-conjunction with. the Grape & Wine Celebration. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the request be approved subject. to established policy. Carried Unanimously. N0. 248 -Social Planning Council.-,Re: Emergency Welfare Study. The- communications.attaches.,a report-of a study of ~mergency. Welfare in-the City of Niagara.Fells . . ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that~ the information be received and filed. Carried Unanimously.. .... No.'2~ . Ontario Urban Transit Association - Re: Policy on Urban. Transportation for the Physically Handicapped. The commusicstlon attaches information on urban transportation for the physically disabled as adopted by the Ontario Urban Transit~AssOciation, and requests thisbrought.to the attention of Council. ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that the informat~on be received and filed, and a cgpy forwarded to the Social Planning Counoil. Carried Unanimously. No~ 250 -Ministry of'the'Solicitor General - Re: Inquest into Death of Nrs~ Lillien Berov and Tamm~.Barov, Kerry. Bsrov, Tracy Ann Berov, Anthony Berovand Lorraine .Dunford, The ~communication requests that .the Juvyss Re~o~mendations be brouEht to the attention of Council. No. 251 -Dr. N. Pohran - Re: ~oronerss Inquest into the death by fire of four children and twO' adu}ts'in Niagara Falls, and including recommendations of the coronatea Jury, ORDERED on the motion of Alderman Cheesmsn,'seeond~d'by 'Aldermen Cumlngs~ that the communications be referred to staff for consideration and a report, Carried Unanimously. ~.~ ..... ...... '~' ..... '~"!"'~" ........... -4- No. 252 - Employment Development'Branch, Employment and Immigration Canada - 'Re: 1981-82 Canada Community Development Projects Program. The Communication outlines the program aimed at providing useful term employment to the unemployed in the community by creating employment which would not otherwise be available and suggesting sponsorship by the community~ 'Th~ application deadline ts October 9, 1981. in reply to questions raised, the City Manager advised that this kind of employment is usually for private enterprise and volunteer groups. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrto, that the communication be referred to staff for a report, and to the Social Planning Council ~or comment. Carried Unanimously. No. 253 - Princess Margaret Senior Public School - Re: Fun Run. The communication advises Council that the school fs proposing a Fun Run by 500 students sad staff on Septembe~ 11, 1981 and October 23, 1981, and specifies the City street to be used for the races. ORDERED on the motion of Alderman Curmnfugs, seconded by Alderman Fete, that approval be 8ranted subject to similar approvals being obtained from all other authorities involved. Carried Unanimously. No. 254 - Niagara Fells Regional Real Estate Association - Re: Private Property Week. The co~munication requests that the week of October 4th 10 ~DEOe~'b~98~'bet~v°e~dits~de[~tv~ea~rePe~t~eWeh~'~deF~aaa~ahFa1&s, that I~RDERED on the motion of Aldermhn' Fera~ sehonded' by Aldermen Schisler,'that the request be approved subject to ~he established policy. : .... · Carried Unanimously. No. 255 - Mr. Richard Campbell - Re: Helicopters. The communication advises of the possible infringement of standard flying procedures by Pan-Air helicopters, and requests enforcement of height regulations as well as restriction regarding the number of helicopters in contoureat flight. Mayor Thomson advised Council that the Minister~f Transport had requested that all rec~r~endations be forwarded to him. ORDERED on the mot~on of Alderman Cummings~ seconded by Alderman Kerrio, that the eommuhication be forwarded to the Hinister of Transport. Carried Una~im~uslV. No. 256 - City of St. Catharines - Re: St. Cathartnes 8ub-C0n=nittee Studying Regional Government. The eo~munication advises of a meeting of the Sub-Coenittee scheduled for Friday, September lath, 1981 at 7:00 p.m. in the St. Catberthas Centennial Public Library, and inviting two representatives of Council. Mayor Thomson referred to a discussion with Mayor T, Roy Adams of St. Cstharines, and suggested changes regarding parking nmtters and approval of Stop signs which are presently the responsibility of the regional g~rnment. 'He further requested suggestions from the Parkin~ Conmittee and Public Works Ccnnnittee wll~h h~ghel~ul. helpful. ' - ORDERED on 'the motion' of Aldermen Chessman, seconded by Alderm~n Kerrio, that Alderman Marrett be authorized to attend the meeting, and a letter outlining Council ~s cc~ents be forwarded to the Sub-Committee Studying Regionel Government.. _Carried Unanimously. · · ~ '~ 'REPORTS ' ' No. 600 - City Manager - Re: Proposed Official Plan Amendment 131; M. Wetherup; (Objection 128 to Zoning-By-law 79-200). The report recommends that the attached proposed Official Plan amendment #131 be ipproved and a newspaper ad'be inserted with respect to the change; that the amending by-law to 79-200, appearing later on this evening~s ageadd, be approved. Aldermen Herrerr expressed concern that ~he ares innquestion, which is a retail end residential areai should not be developed for industrial use~ but be used for office complexes, He suggeste~ the matter'be-re~m~ned.- ~o the~ Planning Comaice&m for further study, . The Senior Planner explained that recommendation had been precipitated ~by Countills previous approval~ but that the general ares could be re-st~4ied in terms of more extensive office use, as opposed to general use, -5- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the recommendation be received and adopted, "See Resolution No. 86. See By--law No. 81-214 and By-law No. 81-215. No. 601 - City Manager - Re: Renewal of Lease - Provincial Court Facilities. The report recommends that the Mayor and Clerk be authorized to execute an offer to renew a lease for a period of one year from January 1, 1982, for the premises known as 4300 Queen street (the old City Hall) ~t i yeariv amount of $64,005.42, payable $5,333.78 monthly in advance. ' OPaERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that the report be received and adopted. 'Carried Unanimously. No. 602 - City Manager - Re: Contract S.S. 18-81~ Community Services Contribution Program - Bridge Street and First Avenue, Sanitary and Storm Sewers and Sidewalk Construction. The report recomraends that the unit prices subraitted by the low tendeter, B!airick Limited, for Contract SoS. 18-B1 be accepted by Council. ORDERED on the motion of Alderman Fore, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 87. See By-law No. 81-210. No. 603 - City Manager - Re: Parking on MacDonald Avenue. ~e report recommends that parking be prohibited at all times from the westerly side of M~cOonald Avenue between Kitchener Street and Lorne Street. Alderman Cummings questioned that a survey had not been made of residents in the area to ascertain their opinion on this recommendation. Mayor Thomson stated that there are only three houses involved and the people are aware of the proposal. Alderman Janvary suggested that staff should study this matter further since there may be a greater problem concerning traffic. ORDERED on the motion of Alderman Fore, seconded by Alderman Cheesman, that the report be received and adopted. 'Carried Unanimously. No. 604 - City Manager - Re: Yield Signs. The report recommends that the necessary by-law be prepared to authorize the erection of yield signs facing traffic on Tad Street, Westwood Road, and Badger Road at their approach to Charnwood Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fore, that the report be received and adopted, and Mr. O'Brien be forwarded a copy of the report for his information. Carried Unanimously. No. 605 - City Manager - Re: Co-operative Tender - Sodium Chloride (Salt). The report recommends that City Council award the tender for Salt to the low bidder, Canadian Salt Company Limited, at a cost of $23.20 per tonne. ORDERED on the motion of Alderman Fore, seconded by Alderman Dilts that the report be received and adopted. Carried Unanlmousl~. See Resolution No. 88. No. 606 - Finance Committee - Re: Seven Month Statement of Revenue and Expenditure. The report recommends. that the attached Statement of Revenue and Expenditure for seven months ended July 31, 1981, be received and filed. ORDERED on the motion of Alderman Dilts, seconded by Alderman theeamen, that the report be received and filed. Carried Unanimously. No. 607 - Finance Committee - Re: Niagara Falls Canucks Souvenir Program. The report recommends that Council approve the amount of $200.00 to cover the cost of an advertisement in the Niagara Falls Canucks Souvenir Programme Yearbook for 1981 - 1982. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Dilta, that the report be received and adopted. Carried Unanimously. No. 608 - Finance Committee - Re: Arena Rental Rates. The report recommends the following: l) The ice rental rates in all City arenas will be increased by the amount of $5 effective October 15, 1981. 2) Those groups receiving ice rental subsidies as approved by the Recreation CowlmlsSion will have these subsidies increased in the amount of $5, -6- 3) The whole matter of arena rental rates be referred to staff for review during the 1982 budget discussions. Alderman Cummings advised that he had been opposed to the recommendation at the Finance Committee and strongly expressed the opinion that the rates should have been raised during budget discussions for 1981 rather than midway through the year. He further stated that he felt this problem was caused by an oversight on the part of staff and Council. Alderman Kerrin stated that the groups should have been prepared for an increase in rates since these were raised last year. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrin, that the report be received and adopted, The motion Carried on the following vote: AYE: Aldermen Baker, Chessman, Dilts, Fete, Janvary, Kerrin, Merrett, Sehisler and Somerville; NAYE: Aldermen Cummings and Pettick. No. 609 - City Manager - Re: Munlcipal Accounts. The report recommends payment of the municipal accounts in the aggregate amount of $587,293.28 for the one week period ending September 8, 1981. The City Manager, Director of Municipal Works and City Treasurer provided additional information on Cheques No. 4223, 4228, 4244, 4256, 4261, 4267, 4291, 4292, 4301, and 4302. ORDERED on the motion of Alderman Kerrlo~ seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 610 - Finance Committee - Re: Position of Collector of Property and Business Taxes and Water Accounts. The report recommends that the report be received and filed. During a general discussion on the infornmtion Contained in this report, Council was advised that this is a union position and thirty- nine applications have been received. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker that the report be received and filed~ The motion Carried on the followlng vote: AYE: Aldermen Baker, Chessman, Fera, Janvary, Schlsler and Somerville; NAYE: Aldermen Cunn~ings, Dilts, Merrett, Puttlck and Kerrlo. No. 611 - Loan Review Committee - Re: Applications for Assistance. The report recommends payments under O.H.R.P. for Properties No. 609, 600, 607 and No. 57!. OKDERED on the motion of Alderman Baker, seconded By Alderman Fete, that the report be received and adopted. Carried Unanimously. No. 612 - City Manager - Re: New Roof for Stamford Rall. The report recommends that Staff he permitted to ask for quotations and have the work carried out to place a new roof and repair the chimneys o~ the Stamford Historical Museum. Carried Unanimously. No. 613 - City Manager - Re: Live Boxing Match, .Niagara Falls Memorial Arena. The report recomme..ds that Council direct Staff to negotiate and flnalize the preparation of an agreement between the City of Niagara Falls and Dan Degazlo for a llve fight to be held at the Niagara Falls Arena on November 7, 1981. The Fromotlons & Facilitles Co-Ordlnator advised Council that it is hoped this event will assist in developing Niagara Falls as a centre for boxin8. ORDBRED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 614 - City Manager - Re: Buildings & Inspections Department Report. This is the monthly report for August 1981 and is intended primarily to provide City Council with current news relative to permit statistics, development proposals, and any other noteworthy data that has emerged during the period covered by the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 615 - City NanaBet - Re: Niagara Falls Arena -Bomar Security. The report recommends that a contract be entered into with Bomar Security for an alarm protection system. The total installatlon cost is $3,210 and a monthly charge of $40. The monthly charge will include a twenty-four hour silent monitoring service from Bomar Central Statlon~ as well as service and maintenance of the · S.,ystem.- -7 - In reply to questions raised, the Director of Buildings & Inspectfops advised that security coverage on other arenas and buildings owned by the City will be studied in the near future. He further advised that although there appears to be no reduction in the insurance rates~ that vandalism should be reduced. C~ERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. The proposed security system was explained by Mr. John Van Driel, representative of Bomar Security. He advised that all the doors cannot be locked during games because of fire regulations~ however a simple protective device on the doors could give control at a central point in the arena or wherever desired. However, Council was further advised that this system might cause additional cost for installation. ORDERED on the motion of Alderman Cheesman, seconded by ~.lderman C~mmings, that staff investigate additional security devices and repGrt back to Council. Carried Unanimously. No. 616 - City Manager - Re: Architect~s Fees - Fireball Theatre. The report coatalas background information on Architect~s Fees for the Fireball Theatre and recommends that the report be received and filed. ORDERED on the motion of Alderman Puttick, seconded Ly Alderman Dilts, that the report be received and filed. 'Carried Unanimously. No. 617 - City Manager - Re: Niagara Falls Arenas - Telephones. The report recommends that Staff be permitte~ to negotiate with Phones Unlimited Limited of Niagara Falls, Ontario for the installation of telephones in the Niagara Falls arenas and to install telephones in the arenas which will meet the needs for the proper functioning of these buildings while at the ~ame time providing the best financial arrangement for t~e City of Niagara Falls. ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that staff be permitted to negotiate with Phones Unlimited Limited of Niagara Falls, Ontario for the installation of telephones in the Niagara Falls arenas and report back to Council for approval. Carried Unanimously. RESOLUTIONS No. 86 - CHEESM~ - FERA - RESOLVED that the Corporation of the City of Niagara Falls hereby certifies that By-law No. 81-215 for the re-zoning of lands located east of Porchester with frontage on Merrlson Street will conform to Official Plan Amendment #28 of the Niagara Falls Planning Area once Amendment #131 has bee~ a~proved by t~e Ministry of Housing: ~D the Seal of the Corporation be hereto affixed. "Carrted'lh~animously No. 87 - FERA - BAKER - RESOLVED that the unit prices submitted by Blairick Limited for Contract S.S. L8-81 be accepted at the tendered price of $751,046.21': AND the Seal of the Corporation be hareto affixed. Carried Unanimously No. 38 - FERA - DILTS - RESOLVED that the prices submitted by Canadian Salt Company Limited for the supply of Sodium Chloride (Salt). be accepted at the tender-price of $23.20 per tonne; AND. the Seal of the Corporation be hereto affixed. · Carried'Unanimously ·BY-LAWS ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time; No. 81-204 - A By-law to authorize a license agreement with 458143 Ontario Inc, for the use of the Niagara Falls Memorial A~ena. -8- No. 81-208 - A By-law to amend By-law No. 79-154 and By-law No. 79-200. No. 81-209 - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. No. 81-210 - A By-law to authorize the execution of an agreement with Blairlck Limited for sanitary sewer construction, storm sewer construction and sidewalk construction on Bridge Street and First Avenue. No. 81-211 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. No. 81-212 - A By-law to provide monies for general purposes. No. 81-214 - A By-law to provide for the adoption of Amendment 131 to the Official Plan. No. 81-215 - A By-law to amend By-law No. 79-200 as amended. "Carried Unanimously RDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 81-204 - A By-law to authorize a license agreement with 458143 Ontario Inc for the use of the Niagara Falls Memorial Arena. No. 81-208 - A By-law to amend By-law No. 79-154 and By-law No. 79-200. No. 81-209 - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. No. 81-210 - A By-law to authorize the execution of an agilemerit with Blairick Limited for sanitary sewer construction, storm sewer construction and sldewalk construction on Bridge Street and First Avenue. No. 81-211 - A By-law to amend By-law No. 3790, being a by-law for the regulation of 'traffic. No. 81-212 - A By-law to provide monies for general purposes. No. 81-214 - A By-law to provide for the adoption of Amendment 131 to the Official Plan. No. 81-215 - A By-law to amend By-law No. 79-200 as amended. Carried Unanimously NEW BUSINESS REGIONAL PROJECT -.SANITARY SEWERS I~ CHIPPAWA Aldermen Puttick questioned the Director of Munlclpal Works regarding a newspaper artlcle concerning activities presently taking place in Chlppawa, and was advised that apparently there is a problem in the area and the Region is investigating this matter. Alderman Puttlck requested information regardins the name of the engineering flrmwhlch had orlSinally been involved. **** It was moved by Alderman Cummings, seconded by Alderman Dills, that the meeting adjourn. Carried UnanimOusly. THIRTY-FOURTH MEETING Council Chambers September 14, 1981 SPECIAL MEETING Council met on Monday, September 14, 198l following a General Committee session. All members of Council were present with the exception of Alderman Somerville. His Worship, Mayor Thomson presided as Chairman. REPORTS No. 618 - Mayor Wayne Thomson - Re: Tourist Information Can tre. The report recommends that Council approve the request of the NIagara Falls, Canada Vie] tot end Convention Bureau for a Tourist Information Booth at the intersection of Queen Street and River Road. Alderman Cummings suggested that City staff should be contacted to determine that the booth would conform to City standards. ORDERED on the motion of Alderman Fera, seconded by Alderman Metfelt, that the report be received and adopted. Carried Unanimously. No. 619 - City Clerk - Re: Consent Items. 1) Branch 51, Royal Canadian Legion - Re: Legion Week, September 20 - 26, t981. Recommendation - That the request be approved subject to established policy. 2) Niagara Falls Fire Department - Re: Fire Prevention Week, October 4 ~ 10, ]981. Recommendation - That the request be approved. 3) National Survival Institute - Re: Canadian Environment Week, October 1l - 17, 1981. Recormnendation - That the request be appr~ved. Also that nominations be invited for Environmental Stewardship Awards. 4) Niagara Peninsula Conservation Authority - Authority and Council 'Tour, Sunday October 3, 1981. Recommendation - That the invitation be accepted and as many members of Council and Senior Staff as possible attend, and that those who plan to take part in the Tour notify the City C]erk's Department prior to September 22, 1981. ORDERED on the motion of Alderman Dtlts, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 620 - City Manager - Re: Niagara Falls Arena - Sound System. The report recommends that a new sound system be installed in the Niagara Falls Arena and that a new sound system be installed in the Niagara Falls Arena and that a credit for the existing equipment be provided. Estimated cost for the work is $22,615.00. The Director of Buildings & Inspections provided additional information on the system, the method of calling for quotations and the-previous system, in response to a number of questions raised. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Cummings, that the report be received and adopted, and that a further report be submitted regarding the appraisal of the existing equipment. Carried Unanimously. No. 621 - City Nanager - Re: Niagara Falls Arenas - Telephone System. The report recommends that staff be permitted to proceed with the installation of telephones in the Niagara Falls Arenas in accordance with the system provided by Bell Canada. ORDERED on the motion of Alderman Dills, setstided by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 622 - CIty Manager - Re: Appointment of City Solicitor. The report recommends that City Council approve the appointment of Edward P. Lugrig as City Solicitor for the City of Niagara Falls effective February l, 1982. ORDERED on the motion of Alderman Fern, seconded by Alderman Dills, that the report be received and adopted. Carried Unanimously. No. 623 - Nayor Wayne Thomson - Re: John N. Allan Park. The report recommends that the report dealing with a request of Narine Wonderland and Animal Park Ltd. to purchase tile property known as John N. Allan Park~ be considered by the Council at a meeting to be held on Nonday, October 5, 1981. A brief discussion took place regarding the scheduling of this meetfnS. Several members of Council indicated possible schedule conflictions, and -2- Mr. W. Hunter requested that another date be chosen as he would not be able to attend a meeting on October 5th. Following further con=nent, it was moved by Alderman Cummings, seconded by Aldeman Fera, that the special meeting to consider the request of Marine Wonderland & Animal Park Lid. to purchase John N. Allan Park, be held on Wednesday, October 14, 1981. Carried Unanimously. NEW BUSINESS NIAGARA SOUTH ARENA Aideman Dills indicated that he had received a call from Mr. Buck Hinsperger regarding the fact the Niagara South Arena will not be open by October 5th as has been the case in previous years. If the Arena is not open until October 16th or 17the the minor hockey schedule will be reduced even further. The Director of Buildings & Inspections advised that to start making ice for the Arena prior to Thanksgiving is very costly in view of the warm weather that can occur at this time of the year. It was also pointed out that there would not be that much usage of the Arena to warrant having the ice ready at the beginning of October. It was further advised that contact had been made with Mr. Hinsperger regarding the schedule, and he had not seemed that upset over the matter. In response to a question raised by Alderman Metfelt, the Director of Buildings and Inspections advised that he understood the Minor Hockey Association had been aware of the decision to have the facility ready by the middle of October. The coat of opening a week earlier was estimated between $500 and $1000. During the discussion of this matter, several members of Council commented that this decision should have been made earlier in the year, and discussions held with the organizations using the facility. Following further comment, it was moved by Alderman_Cummings, seconded by Aldeman Dills, that the Niagara South Arena be ready for use at the beginning of October as in previous years. The motion Carried with the followj vote: ' AYE: Aidemen Chessman, Cummings, Dills, Fern, Baker, Herrerrs Schisler and Kerrio. .NAYE: Aldermen Janvary, Orr and Puttick. INSTALLATION OF TRAFFIC SIGNALS In response to a question raised by Aideman Cummings concerning the installation of certain traffic signals, Mayor Thomson advised that the traffic slEnals had been installed in connection with the reconstruction of Bridge Street, and were erected on a temporary basis only. NIAGARA PENINSULA CONSERVATION AUTHORITy TOUR Aideman Janvary pointed out that the N.P.C.A. Tour scheduled for October 3rd would include an inspection of the Shriner's Creek areas and she urged as many members of Council as possible to attend. It was moved by Alderman Cheeemans seconded by Alderman Fera,.that the meeetinSadJourn to Cmmnittee of the ~hole. Carried Unanimously. RE~,ANDADOPTED, MAYOR WAYNE THOMSON THIRTY-FIFTH MEETING COMMITTEE OF THE WHOLE Comnittee Room #1 September 21, 1981 Council met on Monday, September 21, 1981 at 6:15 p.m. in Committee of the Whole. All members of Council were present. Alderman Dills presided as Chaiman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR Council Chambers September 21, 1981 Council met on Monday, September 21, 1981 at 7:30 p.m. for the purpose of considering General Business. All members of Council were present. His Worship, Mayor Thomson presided as Chaiman. Alderman Dills offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the minutes of the meetings held on September 8th and 14th, 1981, be adopted as printed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 81-228 - A By-law to authorize the acceptance of the resignation of Stanley R. Price as City Manager of the Corporation of the City of Niagara Falls and to authorize an agreement with Stanley R. Price. Carried Unanimously ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fern, that the following by-law be now read a second and third time: No. 81-228 - A By-law to authorize the acceptance of the resignation of Stanley R. Price as City Manager of the Corporation of the City of Niagara Falls and to authorize an agreement with Stanley R. Price. Carried Unanimously ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that leave be granted to introduce the following by-laws and the by-law be read a first time: No. 81-229 - A By-law to appoint an Acting Chief Administrative Officer. (J.L. Collineon)i Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman~ that the following by-law be now read a second and third time: No. 81-229 . a By-law to appoint an Acting Chief Administrative Officer. No~811 (J.L. Collieson) ~ Carried Unanimously -2 - It was moved by Alderman Cheesman, seconded by Alderman Orr, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ AND ADOPTED, OLLINSONJ L : CITY MAYOR WAYNE THOMSON COMM Committee Room #l September 21, 1981 Council met in Committee of the Whole on Monday, September 21, 1981, following a brief meeting in formal session. 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. MAYOR WAYNE THOMSON -3 - UNFINISHED BUSINESS PROPOSED MARKET BY-LAW Report No. 625 - City Manager - The report recommends passage of a by-law which provides for establishing, maintaining and operating markets and for regulating such markets located within the City of Niagara Falls. Mayor Thomson indicated that further discussions had been held on the matter earlier in the day, and he felt the matter should be tabled pending the outcome of these discussions. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that the report be tabled for two weeks. Carried Unanimously. HANDICAPPED PARKING BY-IAW Report No. 626 - Municipal Parking & Traffic Committee - The report recommends passage of by-laws to: 1) provide that vehicle operators chauffeur]ng handicapped persons with a valid permit may use designated spaces; and 2) to provide that all handicapped people whether or not they have a driver's lieante may be issued a permit provided they can produce a certificate from a qualified medical practitioner confirming they have a permanent mobility disability. Alderman Merrett and MAyor Thomson provided additional information on the matter in response to a number of questions raised. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Curaralngs, that the report be received and adopted~ and a copy forwarded to the Social Planning Council for information. Carried Unanimously. AN-15/80 RESTRICTED AREA BY-LAW 81-19 PROPOSED THREE-STOREY ADDITION TO MICHAEL'S INN ,, JG 'Council Chambers September 21,198I Council reconvened in formal session on Monday, September 21, 1981, following a brief meeting-in Cermittee of the Whole. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. DEPUTATION TAXI STANDS ON FALLS AVENUE Report No. 624 - Monlcipal Parking & Traffic Committee - The report recommends that no changes be made to the existing taxi stand on Falls Avenue. Mr. W. Hunter was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Orr. Hr. Hunter referred to comments made at a previous Council meeting that the taxi drivers on Falls Avenue were hartagain8 guests of the Sheraton Hotels and not co-operating with other businesses in the area. Mr. Hunter read a number of letters that indicated hie firm had attempted to meet with officials of the Sheraton Hotels, and in some instances had not even received replies to the letters. With respect to charges laid the previous year for soliciting, Mr. Hunter stated that only sight-seeing operators were charged. Comments were also made by Mr. J. Cowan, Mr. R. MoKimmie and Mr. M. ltuard who also operate taxis on Falls Avenue. ' AIderman Marrett noted that the matter had been discussed thoroughly by the Municipal Parking & Traffic Committee, and it was the Commlttee's feeling that soliciting problems should be handled by the Police Commission, and not through the City*s traffic by-laws. Mayor Thomson indicated that the Police Commission ls preparing an to its licensing by-law with respect to soliciting, which should be ready for Report No. 627 - City Manager - The report recommends passage of a ~esolutlon authorizing the filing of a reply opposing any changes in the Ontario Municipal Board decision dated August 6, 1981, approving By-law 81-19. The City Solicitor commented further on the matter in response to a number of questions raised by Alderman Baker. ORDERED on the motion of Alderman Fern, seconded by Alderman D]lts, that the report be facet red and adopted. The motion Carried with Aldermen Baker and Janvary voting contrary, and all others voting in fayour. See Resolution No. 89 BY-LAW TO AUTHORIZE THE ALTERATION AND DIVERSION OF VALLEY WAY NEAR ITS INTERSECTION WITH STANLEY AVENUE Report No. 628 - City MAnager - The report recommends that Council hear any person who claims his land will be preJudtcially affected by the subject work, and subject to there being no valid objections, that the by-law be passed. In response to a number of questions raised by Alderman Puttick, the Director of Manicipal Works advised that the number of exits to the plaza at this location were in accordance with the zoning by-law, and would not be increased. There was no guarantee that traffic would not back up from the lights to McRae Street, however traffic on Stanley would now be controlled and would move more smoothly through the area. In response to a question raised by Mayor. Thomson, the Director of Municipal Works Indicated that there would be a surplus piece of land remaining following the intersection improvements. ORDERED on the motion of Alderman Fare, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others voting in fayour. WALKER BROTHERS QUARRIES LIMITED APPLICATION FOR APPROVAL OF SOLID WASTE DISPOSAL SITE IN THE CITY OF NIAGARA FALLS Report No. 629 - City Manager - The report recommends that Council endorse the aPPlication by Walker Brothers Quarries Limited for a Certificate of Approval for a new waste disposal site on its lands north of Mountain Road between Implementation in time for the 1982 tourist season. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Orr~ that the report be received and adopted. Beechwood Road and Thorold Toknl Line and that the City Solicitor be authorized i to appear at the preliminary hearin8 of the Environmental Assessment Board on October let in support of the application. Carried Unanimously. ORDERED on the motion of Alderman Dilts~ seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. -4- COMMUNICATIONS No. 257 - Provincial Crane - Re: Trench Across Buttrey Street. The communication requests permission to dig a trench across Buttrey Street between the former CN Express office and the Provincial Crane plant for the purpose of installlug communication lines for the Word Processing unit to be installed. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the request be approved subject to a by-law and agreement being prepared authorizing the installation of the communication lines as requested, providing that the road be restored to its original condition to the satisfac- tion of the Municipality and that the Municipality will be held harmless for any accidents that may arise during the installation. Carried Unanimously. No. 258 - Ministry of Transportation & Communication8 - Re: Condition of Median, Queen Elizabeth Way. The communication provides information on the Ministry's grass mowing and maintenance of the Q.E.W. in the Niagara Region. ORDERED on the motion of Alderman Fern, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 259 - Township of Wainfleet - Re: Regional Government. The communication requests endorselion of a resolution opposing any changes in representation of Regional Council and support of any move towards the investigation of both the good points and bad points of Regional Government. Alderman Cheesman advised that a special committee had been established by the St. 6atharines City Council to receive comments from the various ares municipalities with respect to Regional Government. These comments will then be compiled and subsequently be dealt with by all area municipalities. Mayor Thomson suggested that Council could discuss any con~nents to be submitted at a General Committee session to be held during October. Aldermen Baker and Puttick commented further regarding the number of elected representatives on the Regional Council. Following further discussion, it was moved by Alderm~ Chessman, seconded by Aldenman Metfelt, that the communication be received and filed, and further that a meeting be held during October to discuss Regional Government. Carried Unanimously. No. 260 - Mr. J. Broderick'- Re: Bender Hill Storm Sewer and Watermain Proposal, The communication expresses opposition to the use of the open-cut method of consructton and in favour of tunnelling which must be employed by the Municipality for a portion of the work. AND i No. 261 - Fir. D. Marinalit - Re: Bender Hill Storm Sewer and Watermain Proposal.' The communication indicates that the owners of the Niagara Gateway Motel feel the tunnelling method of construction should be used on this project. AND Report No. 630 - City Manager - Re: Proposed Bender Street Storm Sewer and Watermain Project. The report recommends passage of the byolaw authorizing the temporary closing of part of Bender Street as required during 'construction. In response to a number of questions raised, the Director of Municipal Works indicated that there would be inconvenience to businesses in the area during construction, however it has been specified in the tender documents that the entranceson HighwayS420 and Ontario Avenue to Bender Street shall not be closed at the same time at any time during the contract. The contract contains a number of alternative methods of construction, and they,will be examined when the prices are submitted, and a decision made based on the advantages and disadvantages of the various methods. ORDERED on the motion of Alderman Herrell, seconded by Alderman Cummings, that the communications be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Bakers seconded by Alderman Diltss that the report be received and adopted. Carried Unanimously. · See By-law No. 81-21~ -5- Mayor Thomson and the Planning Director provided additional information in response to a question raised by Alderman Baker. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that Council endorse the economic climate study being undertaken jointly by the City and the Social Planning Council. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that Council authorize the submission of an application to the Department of Employment and Immigration for funds to assist in the cost of employing research staff to conduct the study. Carried Unanimously. No. 264 - Kenmore Construction Ltd. - Re: New Drainage Policy for the City of Niagara Falls. The communication requests a meeting with the Municipal Works Committee at which all members of Council would he in attendance, to discuss the new drainage policy. Mayor Thomson advised that a meeting of the Municipal Works Committee was being arranged for October 20, 1981 to discuss the new lot grading and drainage policy, and that an invitation has been extended to interested parties to attend. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 265 - Miss C. Allan - Re: Noise from Unit Rig. The communication requests assistance in dealing with excessive noise emanating from the Unit Rig operation on Stanley Avenue. In response to a question raised by Alderman Puttick, Mayor Thomson explained that the Province has been responsible for noise pollution and abatement, and had prepared a model municipal noise control by-law for use by municipalities throughout the Province. The Mayor indicated that the noise levels contained in the model by-law would not even permit the noise generated by construction equipment doing work for the City. For this reason, many municipalities did not proceed with the passing of the by-law, and the Province has now reviewed its priorities to force municipalities to look into noise control. Additional information was provided in response to further questions raised. Following further comment, it was moved by Alderman Baker, seconded by Alderman Dills, that the matter be referred to the Municipal Works Committee for consideration. Carried Unanimously. No. 266 - Regional Municipality of Niagara - Re: Entering Private Property under Conditions of Emergency. The communication advises of draft legislation prepared by the Ministry of the Solicitor General on the subject of entering private property under emergency conditions. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that Council support the position taken by the Regional Public Works & Utilities Committee on the matter, and the communication be received and filed. Carried Unanimously. No. 267 . Mr. P. Partington - Re: Lot 10, Plan M-58, 6295 Delta Drive. The communication requests a certificate from the City exempting the subject lot from any liabilities, present or future, that might be owing to the City under the terms of the subdivision agreement, that an amount of $1,500 would be placed In the legal ftrm's trust account to be used to pay any special levy assessed against the lot to cover the cost of completing services, with the said amount or part thereof if not required by the City, being returned. Mr. Partington reviewed the circumstances surrounding the purchase of the subject lot, necessitating the request to Council for a release in order to complete the transaction. It was explained that since the outstanding amount owing for services in the subdivision was approximately $145,326.00, and dividing that amount by the number of lots in the subdivision, the umount of $1,500 was determined to be the perlot share of the monies owing. In order to complete the transaction on September 25th, Mr. Partingtun asked Council to consider this one lot prior to the establishment of a policy No. 262 - Social Planning Council - Re: Economic Climate Study Committee. The ~ on the subdivision, subject to the payment of $1,500 to the City. It was communication requests endorsement of an economic climate study to be legal flrm~s trust account. Mr. Partington further requested that any undertaken~ aBreed that the monies should be deposited with the City as opposed to the "Jointly by the City and the Social Planning Council. AND unused ~unds be returned to his client. No, 263 - Social Planning Council - Rex Economic Climate Study Committee. The In response to a question raised by Alderman Puttick, the City Solicitor communication suggests that a Joint application be made to the Department of !hploymeet and Irm~lSration to pay for the employment of research staff necessary to Conduct the study. stated that etaif were suggesting that an amount of $3,000 be deposited with the City, since approximately half of the lots in the sobdivision have been built on. Mr. Partington stated that if each lot in the subdivision were Y -6- charged $3,000, an amount of $324,000 would be raised, which was over twice the outstanding amount of servicing costs. Mr. Partington felt that each lot in the subdivision should be treated the same, whether owned by a developer or a private individual. Alderman Puttick pointed out that while an amount of $3,000 was being deposited, it did not necessarily mean that the entire amount would be required, and the City could refund the difference. Mr. Partington indicated that he would be agreeable to paying the higher amount provided a time limit was established. The Director of Municipal Works indicated that prior to establishment of the policy of Council, $3,000 should be paid in this case, and when Council has resolved the matter, that amount could be changed. Followin8 further comment, it was moved by Alderman Puttick, seconded by ]~ Alderman Merrett, that an amount of $3,000 be deposited with the City as the subject lot's share of the outstanding servicing costs for the subdivision, and that such requests be dealt with on an individual basis until such time as a policy is established by Council. Carried Unanimously. REPORTS No. 631 - Recreation Con=nission - Re: Maple Leaf Village Man-A-Mile Relay Race. The report requests approval of the date and route of the proposed Maple Leaf Village Man-A-Mile Relay Race to be held on October 12, 1981. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 632 - Recreation Commission . Re: CP/RA Conference Reports. The report provides information on the proceedings of the Canadian Parks and Recreation Conference held in Calgary. ORDERED on the motion of Alderman Dilts, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. __ No. 633 - City Manager - Re: Lundy~e Lane Battlefield. The report recommends that appropriate Provincial and Federal Authorities be contacted to determine possible sources of financial assistance to acquire the lands which are the subject of the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 634 - City Manager - Re: Availability of Surplus Waterfront Property in the former Village of Chippawa. The report recommends passage of a by-law to authorize the acquisition of Pt. Lot 224, former Township of Stamford, fromi the Ministry of Government S~rvices at a price of $2,500.00 and further that staff be instructed to investigate the possibility of developing the subject lands for a boat launching ramp. Alderman Dilts indicated that he would like to see funds placed in the 1982 draft operating budget as to the cost involved in constructing the necessary boat ramp. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the. report be received and adopted. Carried Unanimously. No. 635 - City Manager - Re: Sale of Lot 46, Falls Industrial Park to Juergen Philipp (Canada) Inc. The report recommends that Council agree to extend the reserve in fayour of Juergen Phllipp (Canada) Inc. to ~urchase Lot 46 in the Falls Industrial Park from September 30th to October 15th, 1981. ORDERED on the motion of Alderman 8chisler, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 636 - City Manager - Re~ Lot 57, Plan N.S. 28, 7378 Westfield Drive. The report recommends passa8e of a by-law authorizing the release of Lot 57, Plan N.S. 28 from the provisions of a subdivision agreement between the City of NlaSara Falls and River Realty Development Limited and Group 2 Development Limited. The Director of Nunicipal Works provided additional information in response to a number of questions raised. ORDERED on the motion of Alderman Chessman, seconded by eiderman Baker, that the report, be received and adopted, Carried Unanimously. See By-law No. 81-.i ..... 7 - 7- No. 637 - City Manager - Re: Grant of Easement from Mr. S.J. Knight for Combined Sewer. The report recommends passage of a by-law to authorize the execution of a grant of easement from Stanley James Knight. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 81-219 No. 638 - City Manager - Re: Ontario Neighbourhood Improvement Program (ONIP) The report recommends that the City of Niagara Falls make application to the Ministry of Municipal Affairs and Housing for an "Ontario Neighbourhood Improvement Program" (SNIP). ORDERED on the mot]on of Alderman Cummings, seconded by Alderman Schisler, that the report be received and adopted. Carried with Alderman Baker and Dilts abstaining on a confltct of interest, and all others voting in favour.. No. 639 - City Manager - Re: 1982 MTC and 1982 MOE/MEA Training Courses. The report recommends that twelve members of staff be authorized to attend training courses sponsored by the M.T.C. and the MOE/MEA. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 640 - City Manager - Re: 1981 Sidewalk Repairs and Sidewalk Construction Contract S.R. 20-81. The report recommends acceptance of the unit prices submitted by Stephens and Rankin Inc. The Director of Municipal Works provided additional information regarding the sidewalk construction on Morrison Street 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. Carried Unanimously. See Resolution No. 90 See By-law No. 81-221' No. 641 - City Manager - Contract S.S. 21-81, Allanthus Avenue Storm Sewer from McLeod Road to Dunn Street. The report recommends acceptance of the unit prices submitted by Damsre Bros. ltd. ORDERED on the motion of Alderman Fern, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Kerris abstaining on a conflict of interest, and all others voting in favour. See Resolution No. 91 See By-law No. 81-222 No. 642 - City Manager - Re: 1981 Cold Mix Open Graded Resurfacing Program, Contract C.M. 22-81. The report recommends acceptance of the unit prices submitted by Miller Paving Limited. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See Resolution No. 92 See Byelaw No. 81-223 No. 643 - City Manager - Re: Tender for Supply, Treat and Stockpile of Winter Sand, 1981-82 Winter Season. The report recommends that the tender for supply and delivery of winter sand, including the mixing of salt with this sand, be awarded to Walker Bros. Quarries Limited for the unit prices submitted. ORDERED on the motion of Alderman Dilts, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Resolution No. 93 No. 644 - City Manager - Re: Tender for Rental of Snow Removal Equipment, 1981- 1982 Winter Season. The report recommends that the hourly rates for various s~ow tomoval equipment submitted by SaJer Construction Ltd. and J. Grove Construction for the 1981-82 winter season be accepted, and further that the Director of Municipal Works be authorized to contact local contractors to obtain rental rates for the supply of additional equipment to fill the dealred complement. Mayor Thomson provided additional information in response to a number of questions raised by Alderman Dilts regarding the method of tendering. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts~ that the report be received and adopted. Carried Unanimously. No. 645 - City Manager - Re-' Tender for Rental of Snow Removal Equipment, 1981- 1982 Winter Season. The report recommends acceptance of the tenders submitted by Dieon Contracting Limited, Montgomery Bros., Modern Crane Rentals and Pizzi General Contracting for the supply of rental equipment for the purpose of snow removal during the 1981-82 winter season. ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 646 - City Manager - Re: Tenders for the Purchase of New Equipment - 1981. The report recommends acceptance of the low quotations submitted for the suppB of one 1982 dump truck with snow plow and wing, one 1982 dump truck with winch' plow, one trailer mounted asphalt recycler, and one late model backhoe/loader, The Equipment Superintendent provided additional information in response to a question raised by Alderman Dllts. ORDERED on the motion of Alderman Baker, seconded by Alderman Cheesman,'that the report be received and adopted. Carried Unanimously. See Resolution No. 647 - Municipal Works Committee - Re: Fourth Avenue. The report recommend that the matter of the structural adequacy of Fourth Avenue be referred to the 1982 Current Budget for consideration, and that the residents be so advised. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cunnnings,;rthat the reportbe received and adopted. Carried Unanimously. No. 648 - Municipal Works Committee - Re: Oakwood Drive Sanitary Sewer. The report recommends: 1) that the sanitary sewer approved under By-law 79-221 be installed along the west side of Oakwood Drive from the existing trunk sewer outlet southerly to the limit of the contract; 2) That individual sanitary sewer laterals be installed at no cost to the individual homeowners from the sanitary sewer on the west side of Oakwood Drive to within 10' of the east street line of Oakwood Drive, with the remainder of the sanitary sewer installation being done at the entire expense of the individual homeowner; and 3) that the cost of providing sanitary sewer laterals from the westerly alignment of the main sanitary sewer to within 10' of the east property line Oakwood Drive be financed from funds set aside in current Operating Budgets for financing debenture works. ORDERED on the motion of Alderman Fete, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 649 - ~unicipal Works Committee - Re: Tractor '& Hand Mowing on Road Allowances. The report .recommends the following transfers of monies: a) transfer of $6,000 to the Hand Mowing Account #4-302-1; b) $6,000 be transferred to the Tractor Mowing Account ~4-300-1; and c) that the above transfers in the amount of $12,000 be obtained from a variety of street budget accounts on the understanding that the total stFeet budget will not be exceeded from the allocated budget amounts. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker~ that the report ba received and adopted. Carried Unanimously. No. 650 - Municipal Works CoTanittee - Re: Dorchester Square Subdivision Cropp Street. The report recommends that a short section of sidewalk on the south side of Cropp Street running westerly from Pettit Avenue across two existing homes and running easterly from University Avenue across one home, ba constructed immediately to facilitate existing buildings at these intersections. ORDERED on the motion of Alderman Fare, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No.651 - Municipal Works Committee _ Re: Lot Grading and Drainage Policy 1981. The report advises that a meeting of the Municipal Works 'Committee will be held on October 20~ 1981 to hear presentations by all interested parties on the proposed Lot Grading and Drainage Policy. QRDERED on the motion of AIderman Dilts, seconded by Alderman Merre~t, that the report be received and filed. Carried Unanimously. No. 652 - Municipal Works Committee . Re: Weighman Bridge Splash Guards. The report recommends that an estimate be prepared for consideration in the 1982 budget for replacement of any damaged railings forming part of the existing railing protection along the south side of the Weightman Bridge; ,and that an estimate be prepared for consideration in the 1982 budget for any railing replacements and splash guards deemed necessary as protection between the roadway and the sidewalk alon8 the south side of the Weightman Bridge. 1 Alderman Dilts indicated that the splash guards would be most needed during the winter months, particularly since the sidewalk across the bridge is quite high, and pedestrians could slip and fall in front of traffic.' - 9 - Alderman Baker indicated that he felt the expenditure would be a waste if the splash guards will only be kicked out again by vandals. Alderman Puttick suggested that the work could be carried out under the Ontario Neighbourhood Improvement Program, since the area recommended for the Program was in the Chippawa area. The Director of Municipal Works agreed that the expenditure would be minimal and it could be included under the Program. ' Following further comment, it was moved by Alderman Puttick, seconded by Alderman Dilts, that the Director of Municipal Works be instructed to prepare an estimate for the cost of undertaking the work, and that an appropriate Mount be placed in the City's application for works to be carried out under the Ontario Neighbourhood Improvement Program. Carried Unanimously. No. 653 - Municipal Works Committee Re: Cemetery Life. The report recommends: that the number of stillborn lots at Lundy's Lane Cemetery be reduced by 180; that 180 cremation single lots be created at Lundy's Lane Cemetery subject to approval of the Ministry of Consumer and Commercial Relations; that the number of unregisteredlot~ at Fairview Cemetery presently allocated for baby single lots be reduced by 50 lots; that the 50 lots allocated for baby singles be re-allocated for 300 cremation lots; and that the Director of Municipal Works be authorized to prepare documentation and plans necessary for the purpose of obtaining approval of the recommended changes in Lundy's Lane Cemetery use from the Ministry of Consumer and Commercial Relations, and also be authorized to proceed with the registration of the remainder-Of Fairview Cemetery as soon as possible. ORDERED on the motion of Alderman Dtlts, seconded by Alderman Fare, that the report be received and adopted. Carried Unanimously. No. 654 - Municipal Works Committee - Re: Asphalt Recycling Seminar. The report recommends that three members of the Municipal Works be auth6rized to attend the Untario Municipal Seminar on Asphalt Pavement Recycling which is to be held at the Skyline Hotel in Toronto from November 10 -12, 1981. ORDERED on the motion of Alderman Dilts, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 655 - Municipal Works Committee - Re: Request for Extension of Water Services from Niagara Falls along Highway ~20 (Lundy's Lane) to the City of Thorold. The report recommends that the Regional Municipality of Niagara be advised that the City of Niagara Falls feels any extension of the watermain system in the City westerly from Garner Road along Lundy's Lane should be investigated by the Region as this type of extension would be supplying water to a second municipality; and further that the Region be advised that the City would be willing to be involved in any investigation work carried out by the Region in con]unction with the City of Thorold on the various possibilities of watermain extensions to that section of Highway 20 near the east limit of the City of Thorold. ORDERED on the motion of Alderman Fare, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 656 - Municipal Works Committee - Re: Skunk Control. The report recommends that the 1982 rodent control contract be further expanded to provide a municipally operated and financed skunk control program. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 657 - Municipal Works Con~nittee - Re: Tendering Procedure - Irrevocable Tender Bide. The report recommends that the City's usual procedure for the contract award ltem in the Special Provisions - General section of contracts be continued in future contracts with the following type of clause being added _ uThe prices shall be irrevocable for two calendar weeks plus two days after the tender opening date." ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker~ that the report be received and adopted, Carried Unanimously. No. 658 - Municipal Works Committee - Re: Non-Hazardous Solid Industrial Wastes. The report reconnnende that no charge be made for the acceptance of the Ntnistry of the Environment approved non-hazardous solid wastc from the Norton C~mpany at the City'e Mountain Road Sanitary Landfill Site. ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 659 . Municipal Works Committee - Re: Drummond Park Village Extension I. The ~eport recommends that the external servicing charges to the Subdivider - 10 - of the Drummond Park Village Subdivision Extension I be established as follows: 1) Sidewalk on McLeod Road 100% of the cost $16,080.90; sanitary sewer - 50% of original cost for sewer on McLeod Road - $3,877.31; storm sewer - 50% of estimated cost of providing an 18" diameter storm sewer on McLeod Road - $33,526.55; and watermain - 50% of original cost of watermain on McLeod Road - $9,310.41. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 660 - Municipal Works Committee - Re: Special Imposts, Chargeable to Future Developments in the former Village of Chippaws. The report recommends that Council approve of a proposed policy authorizing the City to endeavour to co.llect monies from future developments located within the specific area of the former Village of Chippaws, as outlined in the attached sketch, at the rate of $275/untt. ORDERED on the motion of Alderman Baker, seconded by Alderman Marfelt, that the report be received and adopted. Carried Unanimously. No. 661 - Municipal Works Cormnittee - Re: Pipe Crossing Agreement for Storm Sewer and Watermain Installations on Bender Street. The report recommends that staff be authorized to process the necessary documents to enter into a pipe crosing agreement with Conrail to permit the subject installation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the report be recelved and adopted. Carried Unanimously. No. 662 - Municipal Works Committee - Re: Consulting Engineering Services Deposits. The report recommends that the City Treasurer be instructed to place any cash received for consulting engineering services in separate interest-earning accounts. ORDERED on the motion of Alderman Fern, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 663 - Municipal Works Committee - Re: Crack Sealing Various City Roads, 1981. The report provides information on the Region's crack sealing program for 1981. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio~ that the report be received and filed. Carried Unanimously. No. 664 - Municipal Works Committee - Re: Regional Municipality of Niagara Equipment Auction - October 3, 1981. The report recommends that the City dispose of the pieces of equipment listed separately at the Regional Municipality of Niagara Rquipment Auction to be held on October 3, 1981, and that any new equipment from other City Departments which become surplus prior to that date be sold at this auction sale. ORDERED on the motion of Alderman Dills, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 665 - Municipal Works Canmittee - Re: Disposal of Industrial Wastes, MountainRoad Sanitary Landfill Site. The report advises .that ~the~ City will not permit waste haulera for Exolon Company of Canada Ltd. and B.F. Goodrich Chemical to dispose of industrial wastes at the City's Mountain Road sanitary landfill site since the wastes originate outside the boundaries of the City. ORDERED on the motion of Alderman Dills, seconded by Alderman Cun~ningss that the reportbe received and filed. Carried Unanimously. No. 666 - City Manager - Re: R.R.A.P. Agency Agreement. The report recommends passage of a by-law authorizing an amendment to the agreement with Canada Mortgage and Housing Corporation designating the Maple Area for'R.R.A.P. delivery. ORDERED on the motion of Alderman Dills, seconded by Alderman'Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. No. 667 - City Manager - Re: Stamford Historical Building Re-Roofing. The report recanmende that Council authorize Gary Wild Roofing to install a new roof on the Stamford Historical Building at a cost of $25,500. ~ ~he Director of Buildings & Inspections provided additional information ,in response to a number of questions raised. - 11 - ORDERED on the motion of Alderman Fera, seconded by Alderman Puttick, that the report be received and filed. Carried Unanimously. No. 669 - City Clerk - Re: Niagara Falls Arenas - Telephone System. The report provides information on the installation of a telephone system at the City's arenas by Bell Canada. ORDERED on the motion of Alderman Dills, seconded by Alderman Kerrio, that the report be received and filed. Carried Unanimously. No. 670 - Finance Committee - Re: Ontario's Halloween Program. The report recommends that City Council approve a $100 grant to Unicef Ontario as an incentive to members of the community to support the children who are soliciting financial assistance for Unicef on Halloween. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 671 - Finance C~mmittee - Re: Proposed Downtown Sign - Bridge Street and Erie Avenue. The report recommends that City Council approve the erection of a new sign at the southwest corner of Bridge Street and Erie Avenue at a cost of $9,000 to be shared equally by the Downtown Board of Management and the City of Niagara Falls. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others voting in favour. No. 672 - Finance Committee - Re: Tax Collection Policy. The report recommends that City Council review the report of. the Finance Committee on the tax collection policy and procedure and decide whether amendments are required. Considerable discussion took place on this matter, during which Mayor Thomson and several members of Council expressed their views on the City's policy regarding payments made in the third year of a three year tax arrears situation. Following the discussion, it was moved by Alderman Cheesman, seconded by Alderman Dilts, that the present tax collection policy not be amended. The motion Carried with the following vote: AY__E: Aldermen Cheesman, Cummings, Dilts~ Baker, Janvary, Merrett, Orr, Kerrio and Somerville. NAYE: Aldermen Fern, Puttick and Schisler. No. 673 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer provided additional information on Cheques I~320, #4322 and ~459 in response to questions raised by Aldermen Cummings and Schisler. ORDERED on the motion of Alderman Fete, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. No. 674 - City Manager - Re: T.O.P.S. Convention. The report provides information on the T.O.P.S. Ontario Convention to be held at the Niagara Falls Memorial Arena on June 2, 3, and 4, 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. No. 675 -Clty Manager - Re: Requests for Beer Concessions at Municipal Arenas. The report recommends that the required approval be granted to the sponsors of six hockey tournaments to conduct beer concessions at the various municipal arenas in conjunction with the said tournaments, subject to the approval of the Regional Niagara Police~ Niagara Falls Fire Department, Niagara District Health Unit and the Liquor Licensing Board of Ontario. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. Coenunication No. 268 - Downtown Hoard of Management - Re: Special Occasion Permit, ~he communication requests permission to operate a beer tent on October 1Q 1981 in conjunction with Octoberfeet Activities. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the request be approved subject to established policy. Carried Unanimously. ORDERED on the motion of Alderman Baker, seconded by Alderman Somerville, L RESOLUTIONS that the report be received and adopted, Carried Unanimously. No. 89 . FERA - CHEESMAN - RESOLVED that the Council of the Corporation of No, 668 - Cit~ Manager - Re~ Architect~s Fees - ReBional Headquarters. The the City of Niagara Falls endorses the decision of the Ontario Municipal Board report provides information ~alativa to the agreement between the Region. and its for mary!tea for the Regional Beadquarters. · .... 12 with respect to Restricted Area By-law 81-19 and authorizes the City Solicit0I, to submit a reply to that effect in response to the petition of Mr. James C. Hennessey~ AND the Seal of the Corporation be hereto affixed. Carried with Baker and 3anvai~ ing contrary, others voting No. 90 - FERA - DILTS - RESOLVED that the unit prices submitted by Stephens and Rankin Inc. for sidewalk repairs and sidewalk construction, be accepted at the tendered price of $29,501.00; AND the Seal of the Corporation be herere affixed. Carried Unanim0~ No. 91 - FERA - BAKER - RESOLVED that the unit prices submitted by Darnore Br0! Ltd. for storm sewer construction on Allanthus Avenue from McLeod Road to Dunr Street, be accepted at the tendered price of $399,319.63; AND the Seal of thee CorpQration be hereto affixed. Carried with Kerrio abstaini~ all others ratiO4 fayour. No. 92 - FEEA - DILTS - RESOLVED that the unit prices submitted by Miller Pavi~ Ltd. for the 1981 cold mix open graded resurfacing program, be accepted at tendered price of $40,017.00; AND the Seal of the Corporation be hereto affixi:4 Carried No. 93 - DILTS - 3ANVARY - RESOLVED that the unit prices submitted by Walker Brag. Quarries Limited for the supply, treatment and stockpile of winter sand for the 1981-82 winter season, be accepted at the tendered price of $51,840.0Z1~ AND the Seal of the Corporation be hereto affixed. Carried No, 94 - BAKER - CHEESMAN - RESOLVED that the foliowinE prices submitted for the supply of new equipment, be accepted: 1) One 1982 Dump Truck ~ith Snow Plow & Wine - Archer Truck Services, $42,977.62; 2) O~e 1982 Dump Truck with Winch/Plow - Archer Truck Services, $35,711.25; 3) One Trailer Mounted Asphalt Recycler - Champion Road Machinery - $22,684.0~ 4) One Latest Model Backhoe/Loader _ Maple Leaf Ind. Sales - $35,096.00; AND the Seal of the Corporation be hereto affixed. Carried No. 95 - DILTS - MERRETT . RESOLVED that the Niagara South Oldtimers Fourth Annual Hockey Tournament be granted a special occasion permit in conjunction with their hockey tournament to be held on Friday, Saturday and Sunday, October 16~ 17 and 18, 1981 at the Niagara South Arena~ subject to the approval of the Niagara Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed, Carried No. 96 - DI__LyS ~ MERRETT - RESOLVED that Stamford Oldtimers FoUrth Annual Hockey Tournament be granted a special occasion permit in conjunction with their hockey tournament to be held on Friday, Saturday and S~nday, December .~th, 5th and 6th, 1981, at Stamford Memorial Arena, subject to the approval of the Niagara Regional Police Department, the Niagara Falls Ftre Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried No. 97 - DILTS - NERRETT - RESOLVED that the Bla~k ~awks Third Annual Hockey Tournament be granted a special occasion permit in conjunction with their heel - 13 - No. 98 - DILTS - MERRETT - RESOLVED that the Niagara Falls Hornets Third Annual Hockey Tournament be granted a special occasion permit in conjunction with their hockey tournament to be held on Thursday, Friday, Saturday and Sunday, March 20th, 21st, 22nd, and 23rd, 1982 at the Niagara South Arena, subject to the approval of the Niagara Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 99 - DILTS - MERRETT - RESOLVED that the.Niagara Falls Ladies Hockey Club Tournament be granted a special occasion permit in conjunction with their hockey tournament to be held on Friday, Saturday and Sunday, March 26th, 27th and 28th, 1982~ at the Niagara South Arena, subject to the approval of the Niagara Regional Police Deparment, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 100 - DILTS - MERRETT - RESOLVED that the Niagara South No-Hit Hockey League Annual Tournament be granted a special occasion permit in conjunction with their hockey tournament to be held on Friday, Saturday, and Sunday, April 2nd, 3rd and 4th, 1982, at the Niagara South Arena, subject to the approval of the Niagara Regional Police Department, the Niagara District Health Unit, the Niagara Falls Fire Department, and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. C~rried Unanimously No. 101 - MRRETT - BAKER - RESOLVED that the Downtown Board of Management be granted a special occasion permit in conjunction with Octoberfeat activities to be held on Saturday, October 10, 1981, in the Centennial Square, subject to the approval of the Niagara Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ BY-LAWS ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that leave 'be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-216 - TABLED No. 81-217 - A By-law to authorize the alteration and diversJ. on of Valley Way near Its intersection with Stanley Avenue. He. 81-213 - A By-law to temporarily close part of Bender Street. No. 81-218 - A By-law to authorize a release. No. 81-219 - A By-law to authorize the execution of a grant of easement from Stanley James Knight for a combined sewer. No. 81-220 - A By-law to amend By-law No. 73-22 being a by-law regarding cemeteries. No. 81-221 . A By-law to authorize the execution of an aSreement with Stephens and Rankin Inc. for sidewalk repairs and sidewalk construction. No. 81-222 . A By-law to authorize the execution of an agreement with Demote Brae. Limited for storm sewer and sidewalk construction on Allanthus Avenue from McLeod Road to Dunn Street. ~o. 81-223 . A Byelaw to authorize the execution of an agreement with Miller Paving Limited for a cold-mix open graded recurfacing program. No. 81-224 - A By-law to authorize an amending agreement with Canada Mortgage and Housing Corporation respectir~ the Residential RehablliMtion Assistance ProEram. ,tournament lobe held on Thursday, Friday, Saturday and Sunday, February 18th, =No. 81-225 , A By-law to amend By-law No. 6340 providing for the e~ec~ion of lgth, 20th and 21sis 1982, at the Nia8ara South Arenas subject to the nt yield right,of,way signs at certain · intersections in the Nunicipality. of the Niagara Regional Police Departmsnt~ the Niagara Falls Fire approval -' Department, the NiaSsra District Health Unit and the Liquor Licensing Board of No. Ontario; 81-226 , A By-law to amend By-law No. 3790, heine a by-law for the regulation AND the Seal of the Corporation be hereto affixed. of traffic. Carried Uns .... · 13 ..... - 14 - No. 81-227 - A By-law to provide monies for general purposes. Carried with A1 Kerrio abstaini By-law 81-222, man Puttick vot~ contrary on By-~ 217, and all ot~ voting in favou ' ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that the following by-laws be now read a second and third time: No. 81-216 - TABLED No. 81-217 No. 81-213 No. 81-218 No. 81-219 No. 81-220 No. 81-221 No. 81-222 No. 81-223 No. 81-224 - A By-law to authorize the alteration and diversion of Valley Way near its intersection with Stanley Avenue. - A By-law to temporarily close part of Bender Street. - A By-law to authorize a release. - A By-law to authorize the execution of a grant of easement from Stanley James Knight for a combined sewer. - 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 Stephem, and Rankin Inc. for sidewalk repairs and sidewalk construction. ~; A By-law to authorize the execution ofan agreement with Demote Limited for storm sewer and sidewalk construction on Allanthus Avenue from McLeod Road to Dunn Street. - A By-law to authorize the execution of an.agreement with Miller Paving Limited for a cold mix open graded resurfacing program. - A By-law to authorize an amending agreement with Canada Mortgage and Housing Corporation respecting the Residential Rehabil Assitance Program. No. 81-225 No. 81-226 - A By-law to amend By-law No. 6340 providing for the erection of yield right-of-way signs at certain intersections in the Monici - A By-law to amend By-law No. 3790, being a by-law for the regular of traffic. No. 81-227 - A By-law to provide monies for general purposes. Carried with Kerrfo abstatni~ ~By-l~w 81-222,! man Puttick v0ti contrary on By. 217, and all voting in fav0ur NEW BUSINESS PARKING AT NIAGARA FALLS MEMORIAL ARENA Alderman Cummings referred to the Leonard/Hearns fight at the Niagara Falls Arena, and advised that there were many cars parked around the arena on Various streets, however a number of large tour buses were parked in the Cit parking lot. The Alderman felt that when such events are held at arenas in the future, such vehicles should not be permitted to park in the lot on thos dates. · DRAINAGE PROBLEM - GRASSY BROOK PARK AREA Alderman Schisler referred to a complaint he had raised previously regarding drainage problems being experienced by residents adjacent to Grassybrook Park and asked if any action had been taken to date. The Director of Nunicipal Works indicated that no remedial action had been undertaken as yet, however ha would check into the matter again. - 15 - CURB ON HIGHLAND AVENUE Alderman Orr referred to a complaint she had received regarding a curb on Highland Avenue and asked if any action had been taken to date. The Director of Municipal Works indicated that he had contacted the Region on the matter, since the Region was the road authority involved, however the Region was opposed to removing the curb in question. Alderman Orr was concerned that the curb could cause an accident to occur, and asked if any further action could be taken to have the Region remove the curb. Alderman Puttick also indicated that this curb had been a problem for years, and some remedial action should be taken. Following further discussion, it was moved by Alderman Orr, seconded by Alderman Kerrio, that the Region be requested to remove the curb on Highland Avenue at Dorchester Road. Carried Unanimously. RESIGNATION OF MR. S.R. PRICE, CITY MANAGER The City Clerk read the letter of resignation submitted by Mr. S.R. Price from his position of City Manager with the City of Niagara Falls. Also read were some personal comments made by Mr. Price with respect to his resignation. A press release was then read which provided information from City Council on the resignation. It was then moved by Alderman Puttick, seconded by Alderman Kerrio, that the meeting adjourn to Conunittee of the Whole. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON CO~4ITTE[ Committee Room #1 September 21, 1981 Council met on Monday, September 21, 1981 in Committee of the Whole, following a regular meeting. All members of Council were present. Alderman Dilts presided as Chairman. Following consideration of the arose without reporting. cesented, the C~nmittee of the Whole READ AND ADOPTED, 1.s&.: cl ';cLE ' MAYOR WAYNE THOMSON COUNCI C~uncil Chambers September 21, 1981 Council reconvened in formal session on Monday, September 21, 1981 following a meeting in Committee of the Whole. All members of Council were present. His Worship, Nayor Thomson presided as ~b-~ln. The meeting adjourned. READ AND ADOPTED~ HAYOR WAYNE THONSON ,.y THIRTY-SIXTH MEETING SPECIAL MEETING Council Chambers September 28, 1981 COuncil met on Monday, September 28, 1981, following a General Committee session. All members of Council were present with the exception of His Worship Mayor Thomson and Alderman Schisler. RESOLUTION No. 102 - CHEESM~AN - KERRIO - RESOLVED that Alderman P. Cummings be appointed as Acting Mayor during the absence of His Worship, Mayor Wayne Thomson, for the period of September 28th to October 3rd, 1981; AND the Seal of the Corporation be hereto affixed. Carried Unanimously COMMUNICATION No. 269 - Mr. R. Brown - Re: Dr. Fingland Day, October 11, 1981. II~e communication requests that Sunday, October 11, 1981, be proclaimed as "Dr. Fingland Day" in Niagara Falls. Acting Mayor Cummings requested that the City's normal practice of requiring the requesting organization to assume the cost of printing the proclamation be waived in view of Dr. Fingland's many contributions to the community. ORDERED on the motion of Alderman Fera, seconded by Alderman 3anvary, that the request be approved~ and that the City assume the cost of publicat]on of the proclamation. Carried Unanimously. REPORTS No. 676 - Acting Chief Administrative Officer - Re: Local Improvement Road Reconstruction and Storm Sewer Construction on Merritt Avenue from McLeod Road to its Wee t Limit, Contract R.C. 23-81. The report recommends acceptance of the unit prices submitted by L & N Construction & Excavating Ltd. for the subject contract. ORDERED on the motion of Alderman Dilts, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. See Resolution No. ]03 See By-law No. 81-230' No. 677 - Acting Chief Administrative Officer - Re: Contract W.I. 24-81, Watermain Installation8 on Victoria Avenue~ Walnut Street and Kitchener Street (C.S.C.P. Watermain). The report recommends acceptance of the unit prices submitted by R & A Construction for the subject contract. ORDERED on the motion of Alderman Baker, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See Resolution No. 104 See By-law No. 81-231' No. 678 - Acting Chief Administrative Officer - Re: Participation - Fire Prevention Week, October 4 - 10, 1981. The report recommends that Council endorse the information program proposed by the Niagara Fall8 Fire Department and commend the participants for their contribution. ORDERED on the motion of Alderman 0rr, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 679 - Acting Chief Administrative Officer - Re: Rental Association of Canada Conference, 1983. The report advises that the Rental Association of Canada wishes to hold its. conference in the City from September 18 - 22, 1983, and the Association has also requested use of the Stamford/Jack Bell Arena for the conference. ORDERED on the motion of Alderman Orr, seconded by Alderman Herrerr, that the report be received and filed. Carried Unanimously. RESOLUTIONS l. ifixedo ~: :5 pM~rI~; RESOLVED that the unit prices euln]tted by L & N Construction ts Avenue from McI~od Road to its west limit, be accepted the ten r f $186~388.65; ANY the Seal of the Corporation be hereto Carried Unanimously -2 - No. 104 - DILTS - ORR - RESOLVED that the unit prices submitted by R. & A. Construction for watermain installations on Victoria Avenue, Walnut Street and Kltchener Street, be accepted at the tendered price of $144,379.27; AND the Seal of the Corporation be hereto affixed. BY-LAWS Carried Unanimously{ ORDERED on the motion of Alderman Somerville, seconded by AIderman Cheesman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-230 - A By-law to authorize an agreement with L & N Construction and Excavating of Niagara Lhnited for road reconstruction and storm~ sewer construction. No. 81-231 - A By-law to authorize the executtoh.'of:!an agreement with 416871 Ontario Limited carrying on business as R & A Construction for t!' installation of watermaine on Kttchener Street, Victoria Avenuel! and Walnut Street. ,- ' e agreement with No. 81-232 A By law to authorize the execution of a licen~ _ _ Consolidated Rail Corporation. No. 81-233 - A By-law to authorize the laying of a conununlcattons cable acr0si' Buttrey Street and an agreement with ~24CA Heavy Equipment Limtte;M No. 81-234 - A By-law to provide for the issuing of permits in respect of ' vehicles that are operated by or that carry a physically hand]capp person and to provide the manner by which such vehicles shall be identified and to exempt from certain provisions of other by-law of the Corporation the owners and drivers of vehicles identified and to prohibit the improper use or acquisition of su~4 permits or other identifying markers issued in connection with permits. No. 81-235 - A By-law to amend By-law No. 7878, 1969 being a by-law to provid! for establishing parking lots in the City of Niagara Falls and regulating, supervising and governing the parking of vehicles thereon ahd charging a fee for such parking. No. 81-236 - A By-law to amend By-law No. 72-132, to provide for the use of parking meters on streets. No. 81-237 - A By-law to require the provision of designated parking spaces the sole use of vehicles operated by or conveying a physically handicapped person and in respect of which a permit has been is under By-law No. 81-234. Carried Unanimously ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the following by-laws be now read a second and third time:" No. 81-235 No. 81-236 - -3 - A By-law to amend By-law No. 7878, 1969 being a by-law to provide for establishing parking lots in the City of Niagara Falls and for regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. A By-law to amend By-law No. 72-132 to provide for the use of parking meters on streets. No. 81-237 A By-law to require the provision of designated parking spaces for the sole use of vehicles operated by or conveying a physically handicapped person and in respect of which a permit has been issued under By-law No. 81-234. Carried Unanimously RATIFICATION OF GENERAL COMMITTEE DECISION PORTAGE ROAD BRIDGE OVER HEPC CANAL It was moved by Alderman Cheesman, seconded by Alderman Dtlts, that the Regional Municipality of Niagara undertake the replacement of the Portage Road Bridge over the Nydro Canal with the City of Niagara Falls contributing an agreed upon amount directly to the Regional Municipality as a share of the Regionis net cost of the work. The motion Carried with Alderman Putt]ok abstaining on a conflict of interest, and all others voting in favour. NEW BUSINESS BUCHANANAVENUE/PORTAGE ROAD INTERSECTION Alderman Puttick referred to complaints raised previously regarding the intersection of Portage Road and Buchanan Avenue, and asked if any work was being done to improve the traffic problems in the area. The Director of Municipal Works advised that the Region has been asked to review the traffic problems again and to prepare estimates on the cost of erecting traffic signals. The possibility of leveling the property which is causing some of the visibility problems now appears to be impractical. It was indicated that a check would ben lade with the Region on the status of the City's request. MR. L. GATES - DESIGN & RESEARCH ENGINEER The Director of Municipal Works introduced }dr. L. Gates to the members of City Council. Mr. Gates conraenced employment with the City on September 28, 1981, as Design & Research Engineer. It was moved by Alderman Fera, seconded by Alderman Orr, that the meeting adjourn to Committee of the Whole. Carried Unanimously. No. 81-230 - A By-law to authorize an agreement with L & N Construction and Excavating of Niagara Limited for road reconstruction and storm sewer construction. No. 81-231 . A By-law to authorize the execution of an agreeme. hi with 416871 tario L ited car ins o. business a.,, A Co. structlo Lo jN installation of watermains on Kltchener Street, 2v Victoria and Walnut 8treat. ' · No. 81-232 - A By-law to authorize the execution of a license agreement with Consolidated Rail Corporation. No. 81-233 - A By-law to authorize the laying of a communications cable acro! Buttrey Street and an agreement with ANCA Heavy Equipment Limit( ~-No. 81-234 - A By-law to provide for the issuing of permits in respect of vehicles that are operated by or that carry a physically handits ~hole arose without reportin; person and ~o provide the manner by which such vehicles shall be - identified and to exempt from certain provisions of other by-Is READ identified PTEDs ~ the Corporation the owners and drivers of vehicles so ~~,,~f,F,,,r._4~.,2~L,~ and to prohibit the improper use or acquisition of such permits other ldentif~& markers issued in connection with such R~ permits /~ . NAN~ DEPUTY CLE lICK , ACTING MAYOR Commjttee Room ~1 September 28, 1981 Council met on Monday, September 28, 1981 in Comm] tree of the Whole, following a meeting of Council. All members of Council were present with the exception of His Worship~ MAy.ot~iud Alderman Schisler. Aldermen Fern presided as Chairman. Following consideration ~ ~d, the Committee of the TRICK ACTINC MAYOR -4- COUNCIL MEETING Council Chambers September 28, 1981 Council reconvened in formal session on Monday, September 28, 1981, following a meeting in C~nmittee of the Whole. All members of Council were present with the exception of Hls Worship, Mayor Thomson and Alderman Schisler. Acting Mayor P. Cunmings presided as Chairman. The meeting adjourned. THIRTY-SEVENTH MEETING Committee Room #1 October 5, 198l COMMITTEE OF THE WHOLE Council met on Monday, October 5, 1981 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Janvary. Alderman Baker presided as Chairman. ' READ Ai .. ADOPTED, · NAN, D LERK REGULj Following consideration of the items presented, arose without reporting. , ~ & ~ · · 4 ~ the Committee of the Whole MAYOR WAYNE THOMSON Council Chambers October 5, 1981 Council met on Monday, October 5, 1981 at 7:50 p.m. for the purpose of considering general business. All members of Council were present with'the exception of Alderman Janvary. His Worship, Mayor Thomson presided as Chairman. Alderman Baker offered the Opening Prayer. i ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the mlnutes of the meetings held on September 21st and September 28th, 1981, be adopted as printed. Carried Unanimously. PRESENTATION OF RETIREMENT WATCH His Worship, Mayor Thomson presented Mr. L. Eller with a retirement watch in recognition of hie many years of service with the Municipality. DEPUTATIONS PROPOSED DOWNTOWN SIGN AND BUS SHELTERS - MR. K. FEREN Mayor Thomson indicated that Mr. Feren wished to have the matter deferred for one week. CONSTRUCTIVE CRITICISM FROM A CONCERNED CITIZEN - MR. M. NEWMAN Mr. M. Newman was granted permission to addre88 Council on the motion of AIdermen Cummings, seconded by Alderman Fete. Mr. Newman was critical of the actions of Council in a hembet of matters such as - the resignation of the former City Manager, Mr. S.R. Price, the proposed sale of 3ohn Allan Parks the City'e tax collection policy, increases in Council remuneration, and the Counell's dealings in closed session on a number of matters. Mr. Newman urged Council to practice honesty, openness and trust on behalf of the people by whom they are elected. Several members of Council expressed their displeasure with the comments made by Mr. Newman, and questioned his knowledge of the matters on which he had spoken. Following the comments of various Aldermen, Mayor Thomson indicated that Mr. Newman'8 remarks would be reviewed in view of the nature of same. UNFINISHED BUSINESS NIAGARA DRYING SYSTEMS Report No. 680 - Acting Administrator - The report recommends that Mr. W. Bidell and Mr. G. Mills of the Ministry of the Environment be permitted to address Council regarding the proposed relocation of the subject operation. -2- Mr. W. Bidell was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Kerrio. bir. Bidell advised that Niagara Drying Systems. has been operating for over a year on Thorold Stone Road and there was an obvious environmental problem in the area. Negotiatfon~ have been held with the firm to determine which way the solution to the probl~ or by the company relocatlng i s b 1981 was established for the firm to resolve the problem, and since this date passed without the firm relocating its operation, an injunction was file~ with the Supreme Court of Ontario on October 2, 1981. The exact date on the matter would be heard will depend on the Court itself. With respect to relocation, Mr. Bidell indicated that a site on the northeast corner of Bigger Road and Crowland Avenue in the former Township of Crowland has been selected, and the firm has applied for a building permit to relocate its operations at this site. In addition to a building permit, the firm would require a certificate of approval from the Ministry. Mr. Bidell indicated that there would be no noise or particulant problems in the new location, but the question of odour would present a problem from time to time. The the rurwl site is m e o n r e s ti development. Mr. Bidell advised that while the site is some distance from any zoned residential development, there are a number of residences nearby. In order to resolve the odour complaint, it would be necessary for the firm /to install a scrubber operation. Mr. Bidell indicated that the installation of such a unit would involve an expenditure that was beyond the financial capabilitites of the firm. If the Ministry were to insist on the installation it would result in the firm closing down altogether. Mr. Bidell advised thai there were three alternatives that could be followed: 1) Ignore the fact that there would be odour emissions in the new area; 2) The Nintstry could insist on the scrubber installation which would mean the demise of the firm; and 3) Lay the evidence before the Council for the consideration of a building permit. Mr. Bidell felt that of the three alternatives, the first was unacceptable, and in the second case, it would be presumptuous of the [sir to take action that would deliberately put a company out of business. It further indicated that if Council felt after all aspstie of the situation were considered, it would be advisable for the firm to continue, the Rinistry would issue the certificate of approval without the insistence of scrubber control. If Council felt there would be too much of an impact on the residem in the area by the relocation of the operation, the Ninistry would have no recourse but to issue the certificate with the installation of the scrubber operation. Alderman Puttick felt he could not support the relocation of the operati0: if there are homes in the area that would be affected~ The Alderman felt that future Councils would have to live with the present Council's decision to permit the operation in the new area, and the future Councils would have to deal with the complaints that would be received. Alderman Puttick also suggested that the relocation of the operation in another area could result in persons in that area being unable to sell their homes in the future. Mayor Themson pointed out that the matter could not be resolved immediatel and that it would have to be referred to City st~ff to assess the alternatfves available and determine the reaction of the residents in the area. While the Mayor felt it was imperative that the environmental problems be resolved, he also felt that every effort should be made to try and save an existing indusn in the City. Mr. Bidell, Mr. Harris of Niagara Drying Systems, and MayoF Thomson provided additional information in response to a number of questions raised by members of Council. Following further comment, it was moved by Alderman Schisler, seconded ~y, Alderman Cheesman~ that the matter be referred to staff. Carried Unanimou: ZITANO PURCHASE OF BRIDGE STREET ATHLETIC GROUNDS Report No. 681 - Acting Administrator . The report recommends that Council ratify the decision made in Cenmittee of the Whole to extend the date for .:~tha closing of the subject transaction until March 30th~ 1982. -3- PARKING, TRAFFIC & TOURISM STUDY Report No. 682 - Acting Administrator _ The report recommends passage of a by-law to authorize an amending agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation & Communications, and a by-law authorizing an amending agreement with Laamer Consultants (1978) Limited. ORDERED on the motion of Alderman Fera, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-laws 81-240 and 8t-241 ' C0~4UNICATIONS No. 270 - Mr. L. Pugliese - Re: Traffic on Frederica Street. The communication requests that action be taken by Council with respect to cars travelling at high speeds on Frederica Street. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the matter be referred to staff. Carried Unanimously. No. 271 - Property Owners Association of Niagara-on-the-Lake _ Re: Re-Assessment. The communication comments on re-assessment under Section 86 of the Municipal Act, and the resulting-effects experienced by property owners in Niagara-on-the-Lake following re-assessment in that Municipality. Alderman Chessman felt that there appeared to be some misunderstanding or confusion on the part of the Association with respect to re-assessment and the term '~arket value assessment". The Alderman pointed out that the intent of re-assessment was to balance up the assessment within a particular category so that the same number of tax dollars would apply to that category, and only the distribution of the assessment within that category would change. Mayor Thomson suggested that Council contact the group and in~ite representatives to attend a Finance Committee meeting to comment on their experiences with re-assessment. The Mayor also sugges ted that a copy of the Assoctation's letter be forwarded to the Assessment Commtss]oner. ORDERED on the motion of Alderman Fera, seconded by Alderman Kerrio, that the communication be referred to the Finance C~mmtttee, that representatives of the Association be invited to attend a Finance Committee meeting and comment on 're-assessment, and further that a copy of the communication be sent to the Assessment Commissioner. Carried Unanimously. No. ~72 - Social Planning Council - Re: New Lottery at Federal Level. The communication expresses concern over a new form of lottery at the Federal level in view of the proliferation of lottery and gaming schemes that have resulted to date from the previous actions of the Federal Government. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council endorse the concerns of the Social Planning Council. Carried Unanimously. No. 273 - Operation Dismantle - Re: General DIsarmament. The communication request~ that the City conduct a local referendum on disarmament in conjunction with the next municipal election in November, 1982. Mr. J. Dawson was granted permission to address City Council on the motion of Alderman Chessman, secoaded by Alderman Cummings. Mr. Dawson explained the objective of Operation Dismantle was to have a general disarmament through a gradual and balanced process of arms reduction on a multilateral basis. It was felt by the individuals involved in Operation Dismantle, that if public support for nuclear disarmament was obtained at the municipal level, and momentum grew, it would force the Federal Government to bring this concept to the United Nations. Mr. Dawson stated that the seriousness of the world situation made it imperative that a referendum be held on global disarmament. It was requested that Council pass a resolution similar to that passed by Ottawa or endorse the Ottawa resolution calling for a referendum on disarmement. During the discussion on this matter, several members of Council expressed their cncern over the Manicipality's involvement in a matter as complex as nuclear disarmament. It was also felt that while the concept of nuclear disarmament was commendable, it was unrealistic to think that support of this .ORDERED on the motion of Alderman Chessman, seconded by Alderman Dllts~ that concept by the Council would have any serious effect on the world po~ers involved the report be received and adopted. Carried Unanimously. in the nuclear arms race. NOTE: Alderman Cummiogs Was absent When the vote was taken on Following considerable comment~ it was moved by Alderman Kerrto, seconded this matter. by Alderman Baker~ that the communication be received and filed. The motion Carried with the following vote: ~'!,' .....3 ~ ~ !, L -4- AYE: Aldermen Chessman, Cummings, Dilts, Baker, Puttick, Schisler, Kerris and Somerville. NAYE: Aldermen Fern, Merrett and 0rr. It was then moved by Alderman Cheesman, seconded by Alderman Merrett, that the deputy City Clerk be directed to prepare an appropriate resolution with respect to nuclear disarmament that City Council could support. The motion was Defeated with the following vote: AYE: Aldermen Chessman, Fern, Merrett and Orr. NAYE: Aldermen Cummings, Dilts, ~aker~ Puttick, Schisler, Kerris and Somerville. '1' No. 274 - Mr. A. Chambers - Re: Welland Water Rates. The conlraunication reques7 ] support of a petition requesting a reduction in tank sale water rates charged!~ the City of Welland. Mr. A. Chambers was granted permission to address Council on the motion of Alderman Schisler, seconded by Alderman Chessman. Mr. Chambers stated that he was being charged more by the City of Welland for a tank sale of water, than that charged to a business under Metered Bates. Mr. Chambers pointed out thatI he serviced individuals in Niagara Falls as well as in Welland, and he was being charged more for water than similar businesses in Niagara Falls. Alderman Sshisler pointed out that while Mr. Chambers purchased his water in Welland, many of the persons to whom he supplies water live in Niagara Falls and would be affected by the rates. Mayor Thomson stated that it was not within the jurisdiction of Council to deal with water rates charged by another Municipality. The Mayor did offer to contact officials in Welland and advise that City Council was sympathetic to Mr. Chambers' position. ORDERED on the motion of Alderman Puttick~ seconded by Alderman Merrett, that the communication be received and filed, and that Mayor Thomson contact in the City of Welland on the matter. Carried Unanimously. No. 275 - Social Planning Council - Re: Policy on De-Institutionaltzation. The communication extends an invitation to representatives of the City to participate in a community consultation on the issues related specifically to adult residential facilities in the area~ on Thursday, October 22, 1981 from 9:00 a.m. to 4:30 p.m. in the Union Centre on Highway ~58, Thorold. ORDERED on the motion of. Alderman Chessman, seconded by Alderman Dilts, that Alderman Cummings be authorized to represent the City at the community consultation, and further that the questionnaire enclosed with the communicatic be completed and returned. Carried Unanimously. REPORTS No. 683 - Acting Administrator - Re: Proposed Revised Dorchester Village Subdivision. ~he report recommends that Council recommend preliminary approv3i of the revised draft plan subject to five conditions. Alderman Baker asked that residents in the area be informed of the revised plan of subdivision and the preliminary 'approval being granted by Council. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 684 - Planning & Development Committee - Re: Ontario Ministry of Municipal Affairs & Housing Forum - Building Toward 2001. The report recommends that the Planning Director and one members of Council or the Planning & l~evelopment Committee be authorized to attend the Provincial Conference "Building Toward 2001" in Toronto, November 1 - 4, inclusive. ' ORDERED on the motion of Alderman Fern, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 685 - Acting Administrator . Re: Mount Forest II Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Municipal Affairs and Housing be advised that the City concurs with a one year extension of drafs plan approval to October 19~ 1982s in respect to'~he proposed Mount Forest II ~8~bdivtsion. -5- unit prices submitted by H.J. Voth & Sons Ltd. for the subject contract be accepted. ORDERED on the motion of Alderman Fera, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 105 See By-law No. 81-238 No. 687 - Acting Administrator - Re: Bambi Subdivision. The report recommends: 1) That $3,000 be required for each lot for which a letter of clearance is requested. Any money received shall be placed in an interest earning account immediately to cover certain of the anticipated construction increases. The $3,000 figure shall be reconsidered every six months to allow consideration of increased construction costs when establishing any revised deposit for letters of clearance; 2) That no time 1 imit be specified for the completion of construction; 3) that a suitable warning be indicated on all building permits issued for the subdivision, noting that financial problems are being experienced in the subdivision and each owner may be responsible for paying all or part of the subdivision monies that may be required for the subdivision; 4) that a suitable letter in the form attached to the report, be sent to all owners of homes now existing in the subdivision. Mr. P. Partington was granted permission to address City Council on the motion of Alderman Cummings, seconded by Alderman Merrett. Mr. Partington indicated that he was representing two individuals who had built semi-detached homes in the Subdivision, and were renting the units due to the bad housing market conditions in Niagara Falls. With respect to semi-detached homes, Mr. Partington asked if it was the Ctty's intention to require the payment of $3,000 for each half of a semi-detached lot, or if the fee could be split equally. Mr. Partington reiterated his previous position that the only fair way of recovering the outstanding servicing costs, was to levy a charge against each lot in the subdivision, and not just against those lots as yet undeveloped. It was suggested that the fee could be recovered in a manner similar to a local improvement charge, and in that way, all properties would be treated the same. The City Solicitor felt that the City may not have the legal power to levy a local improvement for the outstanding services. With respect to the question on semi-detached lots, the City Solicitor felt the request seemed reasonable and could be considered further. Alderman Chessman expressed concern that there could be individuals purchasing a property in the subdivision, who may not request a letter of clearance from the City. In response to Mr. Partington's torments concerning equal treatment of all lots in the subdivision, Alderman Chessman pointed out the problems the City would experience in attempting to retroactlvely impose a levy against all lots in the subdivision, and the possibility that the City could end up suing each individual owner. Alderman Puttick felt that Council should adopt the policy as recommended by staff, and make a decision on the question of semi-detached lots at a later date. If the policy were deferred until consideration of the semi-detached lot question was made, the Alderman felt there could be transactions take place without the individuals involved being aware of the financial problems in the subdivision. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted, and further that the questions of semi-detached lots and individuals not requesting letters of clearance be referred to the City Solicitor for consideration. Carried Unanimously. No. 688 - Acting Administrator - Re: Creative Playground for A.J. McKinley Park. The report recommends acceptance of the quotation received from Paris Playground Equipment (Mudel CR6006) in the amount of $6,550.80. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummir~8, seconded by Alderman Merrett, that :the reportbe received and adopted. Carried Unanimously. No. 686 - Acting Administrator - Re: Contract W.I. 25-81, Watermain ~il Installnil the report be received and adopted. Carried ~animously. on HugSinsStreet from Portage to Windedere. ~e report reckends that the ~ '" · .... 5 No. 689 - Acting Administrator - Re: Intersection of St. John Street and St. Jemes Avenue. The report recommends that no further changes be considered in the traffic controls within and approaching the intersection of St. John Street and St. James Avenue. ORDERED on the motion of Aldermen Fera, seconded by Alderman Somerville, that 'T -6 - No. 690 - Acting Administrator - Re: Intersection of Barker Street and Corwin · Avenue. The report recommends that no changes be made in the existing intersection control at this location. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 691 - Acting Administrator - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer and Projects & Services Engineer provided additional information on Cheques ~598, 4658, 4678, 4684, 4687, 4712, 4796 and 4802 in response to questions raised by Aldermen Cummings, Schisler, Chessman, Puttlck. and Dtlts. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 692 - Acting Administrator - Re: Site Plan Approval for Proposed Repair Garage and Gas Pumps on Bridge Street. The report recommends approval of the subject site plan subject to a number of conditions. ORDERED on the motion of Alderman Dilts, seconded by Alderman Sanorville, thai the report be withdrawn. Carried Unanimously. No. 693 - Acting Administrator- Re: Memorial School - Spring Street. The report recommends passage of a by-law to authorize an agreement with Bomar Security for their alarm system in Memorial School. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See By-law No. 81 No. 694 - Acting Administrator - Re: Rental Association of Canada, September 1{~ to 22nd, 1983. ~he report recormnends that the Jack Bell and Stamford Arenas bi provided to the Rental Association of Canada for the period September 18 - 22,~ 1983, and that a rental agreement be entered into with the Association. In response to a question raised by Alderman Curran~ngs, the Promotions and Facilities Co-ordinator indicated that the Recreation Department was aware of the convention and the Assoctation~s use of the facilities. ORDERED on the motion of Alderman Dtlts, seconded by Alderman Fern, that the report be received and adopted, and a copy forwarded to the Recreation for information. Carried Unanimously. No. 695 - Acting Administrator _ Re: Niagara Falls Arena Furniture. The recommends that Penn Stationers Limited be awarded thetcontract to provide furniture for the offices and meeting room at the NIagara Falls Arena at a cos not exceeding $3,368.10. In response to a question raised by Alderman Cummings, the City Treasurer advised that the Steering Committee was made aware of the fact the City lntenl to purchase furniture for ~he Arena, and the cost was allowed for in the budget. ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 696 - Acting Administrator . Re: Niagara Falls Arena - Blue Line Room. The report recommends that Council indicate whether or not it Is in fayour of the sale of alcoholic beverages under the conditions outlined in the report in conjunction with the operation of the "Blue Line Room" in the renovated Niagara Falls Manorial Arena. Alderman Dilts felt that any volunteer group operating the concession ~hould be an organization supported the City, so that the proceeds from the concession sales would be reflected in their financial statements. In that · way, the City could possibly reduce the grant it provides to the organization, Mayor ~homson felt there should be a firm policy established by the Finance Connl~tee with respect to the operation of this concession. The City ~reasurer provided additional information in response to question ~:..'F~leed regarding the percentage of the concession profits paid to the Niagara - 7- of the proposed "Blue Line Room" be referred to the Finance Ccmmittee for further consideration. Carried Unanimously. No. 697 - Loan Review Committee - Re: Applications for Assistance. The report recommends approval of nine applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Fern, seconded by Alderman Cheesman, that the report be. received and adopted. Carried Unanimously. No. 698 - Acting Administrator _ Re: Paid Holidays - Christmas 1981. ~he report recommends that Monday, December 28, 1981 be granted as the holiday for Boxing Day, 1981, which falls on Saturday. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 699 - Acting Administrator _ Re: Special Council Meeting, Tuesday, October 6, 1981. The report advises of a special Council meeting arranged for Tuesday, October 6, 1981 at 7:00 p.m. respecting a proposal for a new development in the downtown area of the City. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 700 - Acting Administrator - Re: Interim Report - Inventory of Street Lighting Supplies. The report advises that a subsequent report will be presented to City Council as to the material that has been used from the street lighting supplies purchased by the City from the Niagara Falls Hydro Commission. ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 701 - Acting Administrator - Re: Inviting Quotations for the Supply of Services, Equipment and Supplies. The report recommends that staff be requested to prepare for the approval of Council a policy regarding'the practice of "inviting quotations" for the purchase of services, equipment and supplies, and further that the policy be submitted for further consideration no later than November 16, 1981. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. COMMIt'fEE OF ~HE WHOLE Committee Room #1 October 5, 1981 Council adjourned briefly to Committee of the Whole on Monday, October 5, 1981, during the regular Council meeting. All members of Council were present with the exception of Alderman Janvary. Alderman Baker presided as Chairman. Fol!owing consideration of the items presented, the Committee of the Whole arose and reported. It was moved by Alderman Fern, seconded by Alderman Dtlts, that a letter of clearance be issued with respect to Lot 452, Plan 11 {now Plan 260) of the former Village of Chippaws, and that a full report be prepared on the servicing costs for the entire subdivision. Carried Unanimously. RESOLUTIONS No. 105 - FERA - BAKER - RESOLVED that the unit prices submitted by N.J. Voth and Soils Limited for watermain installation on HugSins Street from Portage Road to Windermere Road, be accepted at the tendered price of $133~866.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Fern, seconded by Alderman Merrett, that leave Falls Flyere, and the admission charge to the Blue Line Room. It was be 8ranted to lntrodtice the foilowl. n8 by-laws, and the by-laws be read a first -' indicated that these matters were still under review and would be considered time: further by the Finance Committee. ~,~_~.ms~l,2' ORDERED on the motion of Alderman Cheerman, seconded by Alderman Diltss that _No. 81-238 , A By-law to authorize the execution of an agreement with H.j. Voth · Council indicate it is in favour of the sale of alcoholic beverages under the & Sons Limited for the installation of a waremain 'on Hugging Street conditions outlined in the report~ and that a firm policy on the operation from Fortage Road to ~indermere Road, L/ .....Z ..... 8 No. 81-239 - A By-law to authorize an agreement with Bomar Security and Investigations Limited. · No. 81-240 - A By-law to authorize an amending agreement with Lanmer Consultant- (1978) Limited. No. 81-241 - A By-law to authorize an amending agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Hinister of Transportation and Communications. No. 81-242 - A By-law to authorize the acquisition of land ironring on the Welland River. No. 81-243 - A By-law to provide monies for general purposes. ~ Carried UnanimousI: ~ 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. 81-238 - A By-law to authorize the execution of an agreement with H.J. Voth & Sons Limited for the installation of a watermain on Huggins Strei from Portage Road to Windermere Road. No. 81-239 - A By-law to authorize an agreement with Bomar Security and Investigations Limited, No. 81-240 - A By-law to authorize an amending agreement with Lanmer Consultam! (1978) Limited. No. 81-241 - A By-law to authorize an amending agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation and Communications. No. 81-242 - A By-law to authorize the acquisition of last frontinS on the Welland River. No. 81-243 - A By-law to provide monies for general purposes. Carried Unantmousl!~ NEW BUSINESS PROPOSED PAUL MORRIS BENEFIT BIKE-A-THON Alderman Chessman advised that he had been asked on behalf of the Gamma Phi/Gamma gigma Fraternity at Westlane School to present to Council a request for a BIke-A-mort on October 17th, 1981 to raise funds to benefit the Paul Morris family. It was moved by Alderman Chessman, seconded by Alderman Ditts, that the request be approved subject to similar approvals bein8 obtained from all authorities involved. Carried Unanimously. APPOINI~iENT OF DEPUTY CHIEF LIBRARIAN AIderman Puttick referred to the notification by the Library Board of the appointment of Niss Janet Booth as the Deputy Chief Librarians and asked that this information be 'acknowledged. REQUEST BY RED COACH INN FOR MEMBERSHIp IN N.R.T.A. Alderman Orr advised that the N.R.T.A. has been approached by the Red -Coach Inn regarding membership in that Association. The N.R.T.A. has asked that Council comment on the advisability of having a business from Niagara Falls, New York become a member. It was moved by Alderman Orr, seconded .by Alderman Kerrlos that the matter be referred to staff~ Carried UnanimouslX, l~ :.~ : meeting adjourn, Carried U,. READ ~ TED, THIRTY-EIGHTH MEETING Council Chambers October 6, 1981 SPECIAL MEETING Council met on Tuesday, October 6, 1981 at 7:00 p.m. in a special meeting for the purpose of considering a proposal for development in the Downtown Area of the City. All members of Council were present with the exception of Aldel~an Janvary. His Worship, Mayor Thomson presided as Chairman. DEVELOPMENT PROPOSAL - NIAGARA FALLS CITY CENTRE His Worship, Mayor Thomson advised that the current and past Councils have made numerous attempts to develop and revitalize the Downtown Area. The proper studies were undertaken, however the City had no success in attracting a major department store which would be a vital element for any revitalizatton of the Downtown. The Mayor indicated that several months earlier, he had been contacted by Mr. A. Clements regarding a major development for the Downtown. Since that time, the firm known as Primesite Developments, has moved quickly and efficiently to the point where a full presentation of the details of the proposal could be made. Mayor Thomson introduced Mr. David Smith, Senior Vice President, Mr. Andrew tiemerits, Director of Land Acquisition and Mr. Michael Pelyk, Director of Public Relations, representing the firm of Primesite Developments. Mr. Clements outlined the background of Primesite Developments, explaining that the firm is one of the most active shopping centre developers in Canada, dealing with major national retail chains from coast to coast. Primesite Developments is the shopping centre development division of the Patrician Land Corporation, a wholly owned subsidiary of Pocklington Financial Cor~oratfon of Edmonton, Alberta. Pockltngton Corporation is a diversified company that o~nls Fidelity Trust, Swift Meats, Gainers Foods, Canada's two largest Ford dealerships, the Edmonton Drillere Soccer Team and the Edmonton Oilere of the National Hockey League. Mr. Clements referred to a number of similar projects being undertaken in other areas of the Country by Primesite Developments. : Alderman Chessmans that the With respect to the proposed development, Mr. Clements indicated that during the past year, Primesite Developments has studied the Niagara Falls market on a continuing basis. With inpu~ from the City, the firm directed its attention to the area designated in the Official Plan as the Central Business District~ reviewing such items as street patterns, traffic flows and counts, location of railroad lines, existing businesses, land use, historical signif;caucus and visibility and accessibility. The site being proposed for the redevelopmeat project is an irregularly shaped area of approximately ten blocks, bounded by Bridge Street on the north, River Road on the east, Huron Street on the south and Ontario Street on the west. The City Hall and the former Police Building would be the only structures in this area to be retained. The police buildin8 would be incorporated into the retail development, and the City Hall would remain free-standing and adjacent to the new court house which will be on the lower floors of the office tower. Mr. Clements advised that the completed development will include: l) A fully enclosed and climate controlled two level retail complex of 460,000 square feet, incorporattn8 two department stores, one major food supermarket and ninety ancillary stores; 2) A-'fourteen level hotel with four levels of parking and ten levels of hotel rooms totalling three hundred rooms, connected to the retail complex by a pedestrian walkway under the Conrail tracks~ 3) A convention centre of four hvels connected to the hotel by an overhead Pedestrian walkway; 4) An office tower of eight floors which will incorporate a new court house and the telstation of existing Federal Offices; and 5) Parking for over 3,050 cars. The problems which must be confronted in~nediately would be the possible geological complications from locating a major structure close to the 8orge; the necessity of removing the Conrail spur line; the Federal building telstation; telstation of major retailers and motels; and an agreement by Conrail to allow a pedestrian concourse under the main line. Mr. Clements indicated that the major benefits to the location are a large amount of land already owned by the City; the visibility of the site to over two million cars per year; excellent accessibility; many buildings tn a state of disrepair; the site being adjacent to bus and VIA rail connections; the site becoming a focal point and anchoring the Downtown; and traffic tr, v,l through th, ,xi, to got to th, dov,lo nt. ~ ~ ~owhich includes an ~ount of $10,248,900 for land :oats ...... 2 -2- In summary, Mr. Clamants explained the benefits to Niagara Falls as a result of the development, including improved retail facilities, a new Court house and available quality office space, a hotel/convention can,re with the increased tourist potential of a three hundred room hotel and three thousand plus seat convention can,re. In addition to the increased revenues in taxation to the City, the project will create a total of more than three thousand new jobs in Niagara Falls. In order to proceed with the development, Mr. Clamants indicated that a number of steps must be taken. A general agreement must be executed between the City and Primesite to cover the responsibilities of the two parties. This agreement would lead to a comprehensive and final agreement covering the total development. This agreement would assure the City that the project is proceeding as proposed. Mr. Clamants suggested that a committee chaired by the Mayor, two aldermen, senior staff, two members of the Downtown Board of Management and representatives from Primesite, be established to ensure a co-ordinated effect as well to handle con~nunication. Meetings will be necessary with Conrail and the Federal and Provincial authorities regarding the project. Mr. Clamants stated the site wlll h~ve to be designated as a redevelopmen, area in order to effectively control speculation on the land. Primesite will assist the City in making application to the Province under the Ontario Downtown Revitalize,ion Program. Mr. Clamants indicated that he looked forward to working closely with the City in bringing the project to fruition. Mayor Tnemson connented that while he felt a development of this nature was long overdue, he realized it would not happen overnight. The Mayor noted that there will be many obstacles and difficulties that will have to be overcome during development, and as long as the City and the developer were committed, the project could become a reality. Alderman Puttick requested further clarification on the section in the agreement wherein Council puts a "freeze" on certain types of development in the City. Mayor Thomson stated that the agreement basically sets the stage for a subsequent detailed development agreement fo/..the project. The City agrees not to amend any zoning by-laws to permit the use of any lands in the City for a major department store, hotel/convention can,re or office complex, and this ts done so that the developers know the rug will not be pulled out from under them. With respect to the indemnification clause, Mayor Thomson stated that'during the negotiations, the City Solicitor asked that such a clause be included in the agreement. Primesite indicated at that time, that such standard preliminary development agreements did not include an Indemnity clause. The firm did however agree to a clause that would indemnify the City against all reasonable costs i~ may incur in prosecuting or defending the provisions of the agreement. Mayor Thomson stated that the City Solicitor had wanted a much broader and comprehensive indemnity clause that would indemnify the City against any action which could come from previous dealings by the Municipality. The City Solicitor advised that his main concern was that the City might be faced with litigation by someone declaring that the City did not have the power contained in the agreement. The indemnity offered by the developer covers legal costs to defend any action, but does not cover the damages that might result. While the City Solicitor was not suggesting that the City would be liable for damages, it is something that might happen, and he indicated he would be more comfortable if~the indemnity covered that possibility. Mr. Clements confirmed that up until the subject agreement,'hts firm had' not given any city any indemnity of any kind whatsoever. While it was not standard practice, his firm had agreed to Indemnify the Cl~y against all costs incurred in defending the provisions of the agreement. Alderman Cummings felt that in a development of this size, there must be a gamble on everyone's part. The City had a responsibility to reduce its risks as much as possible, and the Alderman felt this had been accomplished. Aideman Cummings felt the risk was minimal compared to the benefits that ~ouldresult from the development, Alderman Chessman pointed out that the developer will be involved i.n an 'expenditure of approximately $100 million on the project, While the marke'f might favour a develo[nent of this .nature at this time, Alderman Cheesman pointed out that if another major development occurred elsewhere in the City, the market would change suha. tantially, For that reason, the Alderman felt -3 - the firm was justified in asking that similar types of development be frozen elsewhere in the Clty. It was pointed out that not all development would be stopped, only those requiring a zoning or Official Plan amendment. If land is properly zoned to permit such a development, the developer is prepared to take that risk. Alderman Chessman referred to the intent of the agreement being to strengthen the Central Business District and to implement the City's Official Plan for the Central Business District, and felt that this intent would be the foundat]on of any case that would have to be defended to further the interests of the City. Alderman Merrett felt that one had to view the development freeze in the proper perspective - the fact that By-law 79-200 had been passed and had updated the zoning throughout the City. The Alderman also suggested that Council consider the alternative to not passing the agreement, which is to have nothing happen in the Downtown. During the past several years, consultants' studies and meetings with developers had met with little or no success in devising a project of this magnitude~ and Alderman Marrat, felt that Council should not be discouraged by this one point. In response to a number of questions raised by Alderman Puttick, Mr. Smith advised that Primesite Developments was involved in a development in St. Thomas, however the project was in the very early stages of negotiation and was not as far as long as the proposal for Niagara Falls. Mr. Smith further indicated that his firm was not involved ]n any litigation with respect to the project, nor was there any suggestion of litigation. As to why mention was made of the project in Prince Albert, Saskatchewan and no mention of the St. Thomas project, Mr. Smith explained that the Prince Albert project was scheduled to open on October 15th, 1981, and construction was not underway in St. Thomas. Alderman Puttick expressed his concern over a number of items - the two year freeze on development; the fact that no "front" money had been put up by the firm, nor was there any performance bond until the second agreement;.there were no reports as to the financial status of the company; and the loss of tax revenue if the City purchases the land, demolishes buildings and has to wait two years for development to proceed. Mr. Clamants indicated that a financial background had been supplied to the City. With respect to the 'Aldennan's concern about the firm putting up front money, Mr. Clamants pointed out that neither his finn nor the City .'were being asked to make any financial conmitment in the agreement at this stage. Mr. Clamants also indicated that he could not reveal the name of any major department store interested in locating in the project because if he did, these stores would not send his firm to any other markets. In response to the Alderman's concern about the City's financial involvement, Fir. elements explained that the $10 million required for land acquisition may be wholly or partly subsidized by the Province, but in any event, the return in increased taxes alone would be in excess of $2 million per year. In five years, the initial expenditure would be recovered. AIderman Fera indicated that he appreciated Alderman Puttick's concerns in view:of the difficulties experienced tn developing the Niagara Square project. The Alderman felt unless there was some trust between Council and the developers, the project could not get under way~ and the project was an opportunity for Council to do for the Downtown what it has wanted to do for the past ten years. AIderman Dills stated that he rarely went against the recommendations of the City Solicitor, however when he viewed the unemployment figures for the area, and the City's Inability to draw conventions to the Municipality, he felt steps had to be taken to correct these problems. Since the City was only agreeing to not amend Its zoning by-laws, and no financial commitment was involved, the Alderman felt the Council had to ~upport the proposal. Alderman Kerrlo indicated that he was reluctant to freeze development in the City for a period of two years, however he felt Council had no choice if the Downtown was to take advantage of an opportunity of this magnitude. The Alderman felt it must be kept in mind that the City was not hal,in8 all development in the City, only agreeing to not change any zoning to accommodate a similar development. In response to a number of questions raised by Alderman Orr, Mr. Clamants advised that whether or not the City would have the opportunity to approve any of the major clients in the development, would be a matter of negotiation in the second stage agreement. With respect to the timing of the proJect~ Mr. Clamants indicated that It was possible the commitments outlined in -4 - the preliminary agreement could be finalized in less than two years, however two years appeared to be the usual ~mount of time required. Mr. D. Marineill was 8ranted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Orr. Mr. MarineIll asked if the freeze on development would curtail opportunities for major facilities such as the Skylon, Pyramid Place or Maple Leaf Village to proceed with certain types of development. As an examples Mr. MarineIll referred to the height restriction applyin8 to property presently zoned tourist commercial. The City Solicitor indicated that if relief were requested from the height restrictions in order to permit a development of the type referred to in the agreement, the terms of the agreement would not permit Council to grant the rezoning. In view of the urgency of the matter, due to possible land speculation, Alderman Puttick asked if a decision could be deferred for twenty-four hours in order to answer the concerns raised. Mayor ~homson pointed out that Council was on record as not wanting unlimited commercial development spread throughout the City. The Planning Director indicated that Council had approved a policy whereby commercial development in areas not presently designated for such development, would require justification through a market study. The Planning Director also pointed out that there had not been a great. deal of activity recently, and he did not anticipate much change in this trend for the next two years. Reference was also made to the fact that since certain restrictions had been placed on commercial development throughout the City, similar restriction~ may be considered for motel and hotel development as well. Mayor Thomson pointed out that these policies had not come about as a result of the subject proposal, but as a result of previous discussions by the Council. The Mayor felt an opportunity of this type may not present itself again for many years, an opportunity that would be gladly accepted by another municipality. Following further comment, it was moved by Alderman_Merrett, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-244 - A By-law to authorize the execution of an agreement with Patrician Land Corp. Etd. No. 81-245 - A By-law to designate a redevelopment area. Carried with Alder Puttick voting con and all others vet in fayour. It was then moved by Alderman Cheesman, seconded by Alderman Cummings, tha the following by-laws be now read a second and third time: No. 81-244 - A By-law to authorize the execution of an agreement with Patrician Land Corp. Ltd. No. 81-245 - A By-law to designate a redevelopment area. Carried with Puttick voting and. all others v0ti in fayour. It was moved by Alderman Cheesman, seconded by Alderman Merrett~ that the meeting adjourn. Carried Unanimously. READAND ADOPTED, THIRTY-NINTH MEETING Council Chambers October 13, 1981 SPECIAL MEETING Council met on Tuesday, October 13, 1981 following a General Committee session. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. RATIFICATION OF GENERAL CO~4ITTEE DECISIONS Communication No. 276 - Mr. D. Degazio - Re: Special Occasion Permit. The communication requests permission to operate a beer concession in conjunction with a professional boxing match being held at the Niagara Falls Memorial Arena on November 7, 1981. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously. Report No. 702 - Acting Administrator - Re: Proposed River Road Study - Choice of Consultant. The report recommends that the firm of Walker Wright Young and Associates Ltd., Planners and Architects be engaged to carry out the River Road Study in accordance with the Terms of Reference previously agreed to by Council and the Niagara Parks Commission at an upset cost of $9,500. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adotped. The motion Carried with Aldermen G~mlmings and Orr voting contrary, and all others voting in fayour. Report No. 703 - Acting Administrator - Re: Planning Committee Representation on the Parking, Traffic & Tourism Advisory Committee. The report recommends that Alderman Baker be natned as the Cemmfttee's representative on the Parking, Traffic & Tourism Advisory Committee as a voting member. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. Report No. 704 - Acting Administrator - Re: Stopping Up and Closing and Sale of Part of Kent Avenue to Fox Holdings Limited. The report recommends passage of a by-law authorizing the execution of an agreement with Fox Holdings Ltd. with respect to the sale of part of Kent Avenue. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law 81-247 Report No. 705 - Mayor Wayne Themson - Re: Primesite Development - Proposal for Downtown Development. The report advises that an opportunity will be provided to those persons in the affected area to meet on an informal basis With Primesite's representatives to discuss any concerns they may have. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. Report No. 706 - Acting Administrator - Re: Cemeteries By-law 81-220. The report advises that the Ministry of Consumer and Commercial Relations has approved the subject by-law, and that the effective date of the by-law has been extended to October 13, 1981. ' ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. Report No. 707 - Acting Administrator - Re: Auto Parts Technology Centre. The report advises the Niagara Falls Business & Industrial Growth Agency Inc. will be preparing a submission for the Region with respect to proposed sites in Niagara Falls for a proposed auto parts technology centre. .ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. Report No. 708 - Acting Administrator - Re: Sale of Lot 46, Falls Industrial Park to Juergen Philipp (Canada) Inc. The report recommends passage of a by-law to authorize the sale of Lot 46 in the Falls Industrial Park to Juergen Philipp (Canada) Inc. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law 81-248 RESOLUTION 106 - CHEESMAN - CUI~INGS - RESOLVED that the Welland Boxing Club be -1- granted permission to operate a beer concession in conjunction with a live professional boxing show "War at the Falls II", to be held at the Niagara Falls Hemoffal Arena on November 7, 1981, subject to the approval 'of the Niagara District Health Unit, the Regional Niagara Police Department, the Niagara Falls Fire Department and the Liquor Licensing Board of Ontario; AND the ~eal of the Corporation be hereto affixed. Carried Unanimous] BY-LAWS -3 - COUNCIL MEETING Council Chambers October 13, 1981 Council reconvened in formal session on Tuesday, October 13, 1981 following a meeting in Comm] tree of the W~ole. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. The meeting adjourned. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Curehinge, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: READ AND ADOPTED, NO. 81-246 - A By-law'to authorize the sale of laud in the Falls Industrial f~ Park .. No. 81-247 - A By-law to authorize .the execution of an agreement with Fox ~~CLERK Holdings Limited. No. 81-248 - TABLED Carried Unantmousl' ' - 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. 81-246 - A By-law to authorize the sale of land in the Falls Industrial Park. No. 81-247 - A By-law to authorize the execution of an agreement with Fox ~ Holdings Limited. ~ Carried Unanimouslt No. 81-248 - TABLED It was moved by Aideman Dilts, seconded by Alderman Fera, that the meeting adjourn to Conl~ittee of the Whole. Carried Unanimously. WAYNE THOMSON Cor~ntttee Room #1 October 13, 1981 Council met on Tuesday, October 13, 1981 in Committee of the Whole followjr the Council meeting. All members of Council were present. Aideman Janvary presided as Chairman. .!~ Followin8 consideration of the items presented, the Committae of the Whole arose without reportinS. MAYOR WAYNE THOMSON m MAYOR WAYNE THOMSON FORTIETH MEETING Council Chaml, ers October 14, 1981 Council met on Wednesday, October 14, 1981 at 7:00 p.m. in a special meeting to consider the possible sale of 3ohn N. Allan Park. All members of Counci 1 were present. His Worship, Mayor Thomson presided as Chairman. REPORT ON JOHN N. ALLAN PARK Report No. 709 _ Acting Administrator _ The report provides information to assist Council in resolving the following matters: 1) Is Council in fayour of the sale of the lands known as 3ohn N. Allan Park to Marine Wonderland and Animal Park Limited and if so, at what price? 2) If Council is in fayour of selling the park, is it willing to acquire an alternate site for development as a city-wide park comparable to or exceeding the level of service presently provided at the existing park? 3) If Council decided to acquire and develop a new park and wished to perpetuate the contribution made by Mr. J.N. Allan to the Municipality, is Council in fayour of naming the new park in his memory? 4) If Council is in fayour of selling the present park and its replacement by a new facility, should the sale be conditional upon the Municipality being able to continue using the present park until the new facility is ready for use? and 5) If a replacement for John N. Allan Park is to be provided, which of the three or possibly four sites should be chosen? His Worship, Mayor Thomson indicated that few matters have received as much public recognition as the possible sale of John N. Allan Park. Several public meetings were held to hear comments of persons in fayour and opposed to the sale, as well as numerous opportunities provided at Council meetings for interested individuals to comment. The Mayor indicated that extensive information had been prepared and compiled into a detailed report by the Acting Administrator. Mayor Thomson commended staff, and in particular, the Acting Administrator for the time and effort expended on the matter. In response to a question raised by Alderman Orr, Mayor Thomson indicated that Site #3, in the Falls Industrial Park Extension, would only involve three lots out of the subdivision. The funds from the sale of the existing park would be included with revenue from the sale of industrial lands, since the subdivision had been developed with the use of public funds. Alderman Dilts indicated that he would be in fayour of the sale of the park at the appraised value of the land - $465,000s subject to a replacement facility being provided. Alderman Merrett commented that he did not fayour the sale of the park alones but an exchange or replacement of equivalent lands for park purposes . if it was a good business proposition for the City. The Alderman agreed that the existing park was not widely used by the public, however he did not feel.this fact was at issue. Alderman Merrett agreed that park facilities were;required in this area of the City and suggested that Council had to consider the type of facility that could be provided using the monies from the sale of the existing park. Considerin~ that the cost of developing an alternate site would be less than the funds generated from the sale of the Parks Aideman Merrett pointed out that the excess monies could be used to Provide other needed services throughout the City. Aideman Puttick suggested that since there was a difference of aPProximately $130J000 between the CityIs appraisal and the purchase price offered by Mr, Holer~ the City could consider using Mr. Holer's services in developing an alternate site as part of the sale price, The Alderman referred to the new Humane Society building constructed by Mr, Holer in exchange for the former Socte~:y propertys and felt that a similar arrangement could be worked out in providing a new park facility, Alderman Puttick indicated that if the existing park were soldJ he would favour 8ire #3 as the location for an .alternate park. Wonder land Alderman Orr indicated that if industrial lands had to be used to replace John N, Allan Park~ she would have to oppose the sale to Marine & Game Farm° -2- Alderman Baker stated that he had conducted a survey of 1700 households in Chippaws regarding the sale of the park, and out of the total number of questionnaires delivered, only 131 responses were received. The Alderman reviewed the results of the survey and the general connnents made by the persons responding. Alderman Baker indicated that he had originally supported an exchange of lands so that an alternate site would be provided, since he had felt that a park was needed in this area of the City. In reviewing the major land holdings in the area, the Alderman had determined that the three largest property owners were the Citys Marineland and Welland Securities, and this had led him to the conclusion that there would not likely be any real concentrated residential development in the area that would requlre this type of a park. With respect to the appraisal of the lands, Alderman Baker commented that the park is only worth the appraised value as long as it in the path of Marinelandis development. If the proposed Marineland expansion can be achieved without the use of the parks the City would miss out on an opportunity to gain an excellent return on the park at a price validated by Marinelandis own land acquisition prices in the area. For this reason, Alderman Baker indicated that he favoured a straight sale of the park as opposed to a land exchange. The monies raised through the sale of the land could then be used to provide much needed facilities in areas where there would be greater use, i.e. a swimming pool for the Chippaws area. Alderman Janvary commented that she had appreciated all of the concerns and interest generated and expressed by the public on the matter. In reviewing the advantages and disadvantages of the proposal, Alderman Janvary indicated that she felt Council had tO be practical and consider what could be done with the money from the sale. The Alderman stated that she had enjoyed the park facilitiess but was also aware of the maintenance costs that were scheduled for the park. While she had not considered the Holer enterprise in her deliberations, Alderman Janvary stated that abe was thinking solely of recreation and the needs of the people in the area. For this reason, Aideman Janvary indicated that she was. in favour of the sale of the Park subject to the City having the continued use of the facility until a new park was purchased and developed which would perpetuate the name of John N. Allan. Alderman Schieler stated that he favoured the sale of the park, but he did not feel that Mr. Holsr should ba asked to develop an alternate site. The Alderman felt that providing a new facility should be the Ctty"s responsibility and not Mr. Holer'e.. With respect to the City being allowed to continue using John N. Allan park until a new facility was ready, Alderman Schisler felt that a time limit should be negotiated, since a new facility might not be ready for some time. Alderman Fera indicated that he was in favour of selling John N. Allan Park provided the park can be replaced. The Alderman felt that Marineland had contributed greatly to the City, through employment, taxes and the attraction of tourists to the area. During the sun=her, the Aldarnmn had made it a point to visit the park and sea to what extent the park was being used~ and at no time had he seen more than two or three people there. Alderman Fera felt Council had a moral responsibility to sad that any new facility would be named in honour of John N. Allan. Alderman Cummings stated Council had received a great deal of public .input on the question of whether or not John N. Allan Park should be sold. In response to comments that Council had made decisions on the ~atter "behind closed doors", Alderman Cummings stated that no decisions were made secretly, and Council had hidden nothing from the public. Wi(h respect to the lack of use of the park, the Alderman felt that the City was largely to . blame for not developing the park to the extent where it would receive greater use. The Alderman questioned whether a new facility would be developed to the extent that it would be used more than John N. Allan Park. -3- felt that parks were a very personal need of the citizens of Niagara Falls, and the citizens were very upset over the possible sale of one of their parks. The Alderman felt that something has to be kept sacred for the citizens of Niagara Falls, and that should be parks. For those reasons, Alderman Cummings indicated that he was opposed to the sale of 3ohn N. Allan Park. In response to the comment that a swimming pool in Chippawa was a trade-off, Alderman Merrett stated that the pool had been suggested as one alternative for use of the funds from the sale, and there were many other projects for which the monies could be used. Mayor Thomson also indicated that a pool had been promised to the residents of Chippaws five years earlier, and during budget discussions, Council had deleted the monies from the budget. In response to a question raised by Alderman putticks the Director of Recreation confirmed that a swimming pool had been included in the original plans for the Niagara South complex, and funds had been set aside with the intent that further amount8 would be included in subsequent years for the pool. Residents of Chippaws had also agreed to raise funds to contribute towards the cost of the pool. Alderman Kerrio felt that the sale of the park should be outright, with the City being permitted to continue using the park until a new facility was provided. With respect to the comment that the City was partially to blame the lack of use of the park, Alderman Kerrio comented that the City will only spend money on facilities that were required, and if the need was not proven, it would be foolish to provide what apparently was not required. Further discussion took place regarding the sale price of the park and the possibility of using Mr. Holer's services in developing a new facility as part of the purchase price. In response to a question raised by Mayor Thomsons Mr. A. Sheppard the solicitor for Marineland, indicated that it would not be possible for Mr. Holer to give any indication of whether or not the suggested price was acceptable at the meeting. Development and financing costs would have to be reviewed before any answer could ~e given. Mr. Sheppard suggested that Council indicate its willingness to sell at a specific price, and that Mr. Holer would respond after consideration of the City'a decision. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Merrett, that Council indicate to Marineland its willingness to 'sell to the firm the lands known as 3ohn N. Allan Park at the appraised price established by the City dated July 17, 1981, subject to the purchaser allowing the City to continue using the park until a new facility is ready for use and also that Council indicate its willingness to negotiate with the purchaser to provide his services in developing a new park. The motion 9artled with the following vote: AYE: Aldermen Chessman, Dilts, Fe[as Baker, Janvary, Merrett, Puttick, Schisler, Kerrio and Sanerrills. NAYE: Aldermen Cummings and Orr. It was then moved by Alderman Dills, seconded by Alderman Cheesman, that the City perpetuate the contribution made by Mr. John N. Allan to the Municipality by naming a new park in hismemory. Carried Unanimously. With respect to the choice of an alternate site for a new park facility, several members of Council felt that further information should be obtained from the Recreation Conunission and the Niagara Falls Business & Industrial Growth A~ency before a decision was made. Aideman Marfelt commented that he did not want to see the Commission, the A~ency or staff spend any time investigating sites that Council was not interested in, and suggested that Site #2 be eliminated from further consideration. Alderman Cummings felt that staff had taken the time to find three alternate sites, and the Commission and the Agency should have the opportunity to consider all three sites. With regard to the park not havin8 access to a waterway, Alderman Cummings . It was moved by Alderman Merrett, seconded by Alderman Fera, that noted that Site #3 would only have access through an agreement with Ontario ; Site #2 (south of Reixinger Road and Lyons Creek and west of Stanley Avenue) ~H_ydrot and this same agreement could have been reached with Ontario Hydro ~ be deleted from Councll~s deliberations on the acquisition of a new park ' " * ' ~ . The motion Carried with the following vote: la k bee s o v da Aldermen Cheesman~ Dills, Fern, Baker, Janvary, Herreli, industry to locate opposite the Park, and suggested that ths Park had been ' and Somerville. used one way when the City had wanted something and this was now bein~ N__AYS: Aldermen Cummings, Orr, Puttick and Schisler. turned around. With regard to the use of the fends from the sale of the NOTE Alderman Kerrio abstained on a conflict of interest. park for a swimming pool in Chippaws, Alderman Cummings felt this was a ~ ~rade-off in order to gatherssame support from the residents of Chippaws It was moved ~y Alderman Puttick, seconded by Aideman Schlsler, that for the sale of the park. l~'.e.Ummary, Aldermen CumminSe stated that he' a decision on the selection of a new park site be deferred pending ' >' 3 ..... 4 -4 - further information from City staff, the Recreation Commission and the Niagara Falls Business&Industrial Growth Agency Inc. Carried Unanimously. It was moved by Alderman Dilts, seconded by Alderman Chessman, that the meeting adjourn. Carried Unanimously. READ AND MAYOR WAYNE THOMSON FORTY-FIRST MEETING Committee Room ~1 October 19, 1981 COMMITTEE OF THE WHOLE Council met on Monday, October 19, 1981 at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Puttick. Alderman Merrett presided as Chairman. Following consideration of the it.eAm~ Rresented, the Committee of the Whole arose without reporting. ~& · READ AND ADOPTED, ~ ' Council Chambers October 19, 1981 Council met on Monday, October 19, 1981 at 7:30 p.m. for the purpose of considering general business. All members of Council were preesnt with the exception of Alderman Puttick. His Worship, Mayor Thomson presided as ~hairman. Alderman Merrett offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Somerville, that the minutes of the meetings held on October 5th, 6th and 13th, 1981, be adopted as printed. Carried Unanimously. DEPUTATION MR. R. BOSCO - LO~AL IMPROVEMENTS ON ROGER CRESCENT Mayor Thomson advised that the Acting Administrator was investigating the possibility of allowing residents affected by the local improvement charges, tomeke two payments as opposed to the one lump sum payment normally permitted. The Acting Administrator indicated that more than one local improvement pro~ect would be involved, and suggested that the matter be referred to the next Finance Committee meeting for further consideration. Mr~ R. Boaco, Indicated that he was representing his father, and that Mr. Bosco was quite satisfied with the explanation given by the Mayor, and would be willing to wait until the report from the Finance Committee was submitted to Council. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the matter be referred to the Finance Gcmmittee for a report to be submitted at the next Council meeting with respect to the request of Mr. Boaco. Carried Unanimously. UNFINISHED BUSINESS RIVER ROAD STUDY Communication No. 277 - Social Planning Council - The ad hoc conceittee of the Social PlanninS Council outlined certain recommendations with respect to the future development of the River Road area. Mr. B. Robertson of the Social Planning Council, explained that the report refers to the future land use of the River Road residential area extending from Q~een Street to Hiram Street. Mr. Robertson requested that Council seriously consider the recommendations of the ad hoc committee end take appropriate action. In response to a question raised by Alderman CuminSs, Mr. Robertson indicated that the Social Planning Council -2- was satisfied that the consultant retained by the City would be studying the physical planning aspects of the River Road area, as opposed to the social aspects. Mayor Thomson stressed the importance of having a very firm policy statement that would assist Council in defending its position against a development that could be contrary to the Cityts development plans for this are. The Planning Director provided additional information on this matter. In response to a question raised by Alderman Cummings, the Planning Director advised that the ad hoc committee of the Soc ial Planning C~mmittee would have an opportunity to meet with the consultant, but not to direct the consultant. Now that the Social Planning Council's recommendations have been received, they will be fbrwarded to the consultant to assist in the preparation of the physical and geographical planning of the area. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Dilts, that the recommendations of the Social Planning Council be adopted, and the report forwarded to the City's consultant. Carried Unanimously. PROPOSED OFFICIAL PLAN AMENDMENT NO. 132 REVISED CO~fi4ERCIAL POLICIES Report No. 710 - Actin~ Administrator - The report recommends-approval of prop0~% Official Plan Amendment No. 132 subject to staff publicizing the amendment prior to submission to the Ministry of Municipal Affairs &Housing, and that Planni~ staff prepare the necessary amendments to By-law 79-200 to implement same. The Planning Director provided additional information in response to a number of questions raised. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 81-~ CONTRACT S.S. 19-81, ROLLING ACRES FLOOD RELIEF WORKS Report No. 711 - Actin~ Administrator - Thai-report provides information on why there had been some reluctance on the part of some contractors to bid on the contract, The Directo~ of Municipal Works· provided additional information on the matter in response to a question raised by Mayor Thomson. ORDERED on the motion of Alderman Cummings, seconded by ~Alderman Cheesman, that the contract be awarded to the low tanderer, H.J. Voth & Sons Limited, and the ~.work proceed as soon as possible. Carried Unanimously. The following items were moved forward for consideration at this time for the benefit of those in attendance with respect to these items, Co~nunication No. 278 , Residents of Brookfield Avenue and High Street ~ Re: 'Construction of Certain Works, The communication requests that the City provia~. curbs and gutters on Brookfield Avenue, north of Lundy~s Lane to the intersectiI~! of High Street, and from there eastward on High Street to the intersection of Nouland Avenue. Hr. H. Crawford was granted permission to address Council on' the motion of Alderman Chessman, seconded by Alderman Nerrett. Nr. Crawford stated that the residents would like curbs and gutters, but were mostly concerned over the cost involved. The residents would not like any work to proceed until Council explains the procedure to be followed, and the cost to each individual rate payer. Nr. Crawford cormnented on the deterioration of the driveway entrances in the area, and stated that he looked forward to any help the Council could provide. Mayor Thomson suBgeared that the matter be referred to staff, and noted that no work would comence without information to the residents on the costs involved, and their prior approval. ORDERED on the motion of Alderman Cheesman~ secodded by Alderman Cummings, that the matter be referred to staff for the preparation of a report. Carried L~antmously. Report No. 712 . ActinS Admin~trator - Re: Operation of Flyin8 Saucer Drive-In Restaurant and Decision of the Committee of Adjustment dated September 29, -3 - The report recommends that Council endorse certain action as it applies to a petition dated October 14, 1981 from concerned citizens in the Corwin Avenue - Spence and Barker Streets area. Mayor Thomson advised that as a result of the petition submitted by residents in the area, a meeting was held in his office with the owner of the restaurant and the petitioners to discuss the requirements of the Cc~amittee of Adjustment and to determine if all sides could be satisfied. At the meeting, the owner of the res tanrant had agreed to all but one of the items, that bein~ a fence on the east side of the property. Mayor Thomson explained that he had received a call from the property owners to the east of the restaurant, and they had expressed concern that the fence remain in order to keep litter generated from the restaurant, off their property. Mr. W. Lawson, one of the area residents, indicated that the action indicated in the report and with respect to the fence, was satisfactory to the residents. Mayor Thomson provided additional information in response to a number of questions raised concernin~ the conditions outlined in the report. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Kerrio, that the report be received and adopted, and further that the fence on the east side of the property, be retained. The motion Carried with Alderman Cheesman abstaining on a conflict of interest, and all others votin~ in favour. COMMUNICATIONS No. 279 _ Heart Niagara - Re: Ccmmunity Coronary Care Programme. The report provides information on the status of the Community Coronary Care Programme, and the training of ambu lance personnel in the Advanced Life Support program of the Ministry of Health. AND No. 280 _ Greater Niagara General Hospital _ Re: Community Coronary Care Programme. The communication commends Heart Niagara for its Community Coronary Care Programme. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the City notify the Ministry of Health of its support of Heart Niagara and the Community Coronary Care Programme, and the training of ambulance personnel in the Advanced Life Support program of the Ministry. Carried Unanimously. No. 281 _ Association of Kinsmen Clubs - Re: KIN Magazine. The communication requests that the City purchase an advertisement in the special edition of KIN Magazine. ORDERED on the motion of Alderman Fera, seconded by Alderman Janvary, that the request be referred to the Finance Committee for consideration. Carried Unanimously. No. 282 - Niagara Square - Re: Arrival of Santa Claus at Niagara Square. The communication requests the permission of the City to land a helicopter on NIagara Square property, Saturday November 14, 1981 for the arrival of Santa Claus. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the request be approved subject to similar approval being obtained from the Department of Transport. Carried Unanimously. No. 283 - Primesite Developments - Re: Niagara Falls City Centre. The communciation requests that Council appoint two members to serve on a special committee dealing with the NiaSara Falls City Centre project. ORDERED on the motion of Alderman Dilts~ seconded by Alderman CumminSs, that Aldermen Cheesman Martart and Alderman Baker as an alternate, be appointed to the Special Committee. Carried Unanimously. No. 284 . Regional Manici ality of Niagara - Re: Water and Sewer Flows by Municipality . August, 19~1. The communication provides information on the water and sewer flows by municipality for the month of AuSust, 1981. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the communication be received and filed, Carried Unanimously. No. 285 . Regional Municipality of Niagara - Re: Request for Speed Limit Raduction~ Oaklands Golf Course~ Lyons Creek Road. The communication advises -4- that in view of the predominantly rural nature of Lyons Creek Road adjacent to the Oaklauds Golf Course, the Region cannot agree to lowering the speed limit at this time, however appropriate pedestrian warning signs will be placed at the point where golfers cross between the 14th ann 15th holes of the Golf Course. ORDERED on the motion of Alderman Curmnings, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. NOTE: Alderman Dilts was absent when the vote was taken on this matter. No. 286 - City of Sudbury - Re: Interest Rates. The communication requests endorsation of a resolution respecting high interest rates. During consideration of the matter, several members of Council expressed concern that the Sudbury resolution reflected specific rates and time periods, and while the Council was concerned over the effects of high interest rates, it should not be connnitted to the figures suggested. .Mayor Thomson suggested that a copy of the previous resolution passed by Council on the matter could be forwarded to Sudbury indicating the Gouncilts concern. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the communication be received and filed, and a copy of the previous Council resolution on high interest rates be forwarded to the City of Snnbury. Carried Unanimously. No. 287 - Winter Club of St. Catharines - Re: Request for Financial Assis tance. The communication requests financial assistance in the form of a grant or the purchase of advertising in a printed program to offset costs for the 1982 Figure Skating Central Canadian Divisional Championships. ORDERED on the motion of Alderman Dilte, seconded by Alderman Janvary, that the request be referred to the Finance Committee for consideration. Carried Unanimously. No. 288 - Mrs. H. Plouffe - Re: Walkway - Epworth Circle. The communication requests the closing of the walkway running between Holy Y~gnily School and N.F.G.V.I. on Epworth Circle due to vandalism from persons using the walkway. In response to a question raised by Alderman Herrerr, the Director of Municipal Works indicated that a tender appearing later on the agenda did deal with the fencing of c~rtain walkways, however it was his intention that no work wouId be carried out until after Council had reached a decision on the continued use'of walkways in the City. Mayor Thomson further indicated that a report on the future use of walkways would be submitted to Council within three weeks. ORDERED on the motion of Alderman Schislers seconded by Alderman Kerrio, that the matter be referred to staff for a report within three.weeks on walkways~ and further that staff attempt to find an interim solution to the subject complaint.. Carried Unanimously. REPORTS No. 713 - Acting Administrator - Re: Niagara Escarpment Commission Hearing, October 27, 1981, Stefan Cafuta Appeal N/C/81/211. The report requests that Council give direction with respect to staff attendance at the subject hearing. for the purpose of giving evidence. The Planning Director provided additional information regarding the amount of staff time involved in preparation and actual submission of evidence~at the hearing. and filed. Carried Unanimously. No. 714 - Municipal Works Committee - Re: Easement from Niagara South Board of Education for the Proposed Paul Thai1Chippawa Flood Relief Works at Riverview School on Cartel1 Drive. The report recommends that staff be authorized to process the appropriate easement document and by-law to enter into an easement aSreement with the Niagara South Board of Education, and to make payment to the ~'Board an amount of $1,685.00 as outlined in the report to the Municipal Works Camnittee, to permit the installation of a sanitary flood relief facility. ORDERED on the motion of Alderman Cheesman, secodded by Alderman Dllts, that the report be received and adopted. Carried Unanimously. No. 715 - r~nicipal Horks Ceemittee - Re: Parkway Gardens Subdivision - Phase in Former Village of Chlppaw4.~ne report recommends that the subdivider for - 5 - the Parkway Gardens Subdivision Phase I, which involves 15 building lots as a first phase, be permitted to proceed with the development of the 15 lots as soon as a suitable agreement has been executed between the City and the Subdivider. ORDERED on the motion of Alderman Dflts, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 716 - Municipal Works Committee _ Re: Future Disposal of Solid Waste, City of Niagara Falls. The report recommends: 1) That the Regional Municipality of Niagara be requested to rescind its decision to seek legislation from the Province making disposal of solid waste a Regional responsibility in the immediate future; 2) Prior to the Regional Municipality of Niagara requesting that the Provincial Government pass legislation to assign the responsibility for solid waste management to the Region, the area municipalities be provided with a detailed solid waste management program acceptable to these municipalities complete with a clear, concise analysis of the cost of the program; 3) That technical staff from the area municipalities continue to be involved on an ongoing basis, in the preparation of the solld waste management program being developed by the Regional Municipality of Niagara; 4) Where possible, specific answers to questions raised in this report be provided by the Regional Municipality of Niagara; and 5) That the City of Thorold be advised that the City of Niagara Falls will not consider the endorsement of the City of Tborold's resolution contained in the letter attached to this report until an acceptable solid waste management program has been received from the Region. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 717 - Municipal Works Cemmittee - Re: Dorchester Village Subdivision - Formerly Block "B" Dorchester Square Subdivision, Registered Plan M-52. The report recommends that Council approve the development of the subdivision in two stages - Stage One comprising of the lots abutting Dawson Street and Pettit Avenue, and Stage Two comprising of the internal lots on Cove Crescent. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilks, that the report be received and adopted. Carried Unanimously. No. 718 - Parking & Traffic Committee - Re: Parking Downtown. The report recommends: 1) That parking meters be removed from Queen Street between Victoria Avenue and Rlver Road, and on Valley Way from Victoria Avenue to Queen Street; 2) That parking meters be removed from all cross streets from Erie Avenue to Buckley Avenue inclusive, between Huron and Park Streets; 3) That parking meters be removed from Huron Street and Park Street; 4) That parking meters and gates be removed from all parking lots within the downtown business improvement area; 5) That parking be prohibited from both sides of all the above-mentioned streets between 7:00 a.m. and 9:00 a.m., Monday to Saturday inclusive; 6) That two-hour parking be the maximum allowed on all of the above streets, except that 15-minute parking be the maximum in front of the Visitor and Convention Bureau facilities on Ontario Avenue; 7) That the annual lease rate for reserved parking spaces on parking lots be $150.00; 8) That all parking lots be free, excepting reserved spaces; 9) That the maintenance, operation and enforcement costs for downtown parking become a charge tO be levied as a part of the business improvement area; 10) That all necessary amendments to existing by-laws be prepared to give effect to the preceding recommendations; and 11) That all owners and tenants in the affected area be forwarded a copy of this report before any by-laws are passed. Alderman Merrett provided background information on the matter as it had been considered by the Municipal Parking & Traffic Committee. In response to a question raised by Alderman Cummings, Mayor Thomson indicated that the Commissionaires would still be required to enforce the two hour parking regulations. The Traffic & Construction EnStneer e~p'letned that the meter posts will be left in place, and the top portions would be removed. The meters can be used in other areas, and if it is determined that the meters will not be replaced on Queen street~ the City could call a tender and sell the surplus meters. Alderman Merrett further indicated that if the meters remained in place, people would continue to use them, and the intent of the program would be defeated. In response to a question raised by Alderman Baker~ Alderman Merrett advised that if another area were to request similar action, the Committee would 811diy consider the proposal. FollowinS further discussion, it was moved by Alderman Merrett, seconded by Alderman Fera~ that the report be received and adopted. C~rried Unanimously. -6- No. 719 - Parking & Traffic Canmittee - Re: Handicapped Parkin~ at the HOspital. The report recommends that the Region consider establishing two on-street handicapped parkin~ spaces on Portage Road in front of the hospital, and further that the hospital be requested to consider increasing the number of spaces for handicapped within their off-street lot. ORDERED on the motion of Alderman Dtlts, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. No. 720 - Actir~ Administrator - Re: S.S. 14-81, Bender Street Storm Sewer and Watermain. The report recommends acceptance of the unit prices submitted by Baldasaro and MacGregor Limited for Contract S.S. 14-81, and that the method of financing the project as outlined in the reports be approved. The Director of Municipal Works provided additional information in .response to a question raised. ORDERED on the motion of Aideman err, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No.2~ See By-law No. 81- Me. 721 - Actir~ Administrator - Re: Bender Street Trunk Storm Sewer and Cos t Sharing A%reement with M.T.C. The report recommends passage of a by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation and Communications. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the report be~ received and adopted. Carried Unanimously. No. 722 - Actir~ Administrator - Re: Contract F.C. 28-81, Supply and Installark of Fences and Backstops. The report recommends acceptance of the unit prices submitted by Frost Steel and Wire Company for the subject contract. The Director of Municipal Works indicated that the section of the contract dealing with fencing of walkways, would be deferred until the spring or until Countlisa resolution of the problem. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio~ that the report be received and adopted subject to the conditions outlined by the Director of Municipal Works. Carried Unanimously. See Resolution N0..Z.~ See By-law No. 81 No. 723 - Finance Committee - Re: Incentive Program for Civic Employees - United Way of NinEare Falls. The report recommends approval of the recommenda- tion of the Finance Committee that the United Way IncentiVe Program be continued for civic employees and the City grant an extra five days vacation to the winners of the two draws, ORDERED on the motion of Alderman Cun~nings~ seconded by Alderman Kettles that the report be received and adopted, Carried Unanimously. No. 724 , Finance Conmatttee . Re: Status of Taxes. The report summarizes the status of taxes as of September 30ths 1981 with comparisons as of September 30ths 1980. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Kerrio~ that the report be received and filed. Carried Unanimously. No. 725 - Acting Administrator - Re= Municipal Accounts. The report recommends payment of the municipal accounts, Additional information was provided on Cheques/14900, #4927 and #4935 in response to questions raised by Aldermen Cummings and Schisler. ORDERED on the motion of Alderman Chessman, seconded by Alderman 'Dilts, that the report be received and adopted, Carried Unanimously. No. 726 - Acting Administrator - Re: Building & Inspections Report for September, 1981. The report provides information with current news relative to permit statisticss development proposals end other noteworthy data that has emerged durin~ the period covered by the report. ORDERED on the motion of Alderman Diltes seconded by Alderman Cummings~ that .thereport be~received and filed, Carried Unanimously, No. 727 - Actins Administrator . Rez Proposed Two'Storey Addition and Renovations for the House of Frankenetein Museum and Restaurants ~933 Clifton Hill, The report recommends passage of · by-law authorizing the cash-in-lieu a~resment with Monechella Brothers Limited, ' In response to a question ~&ised by Alderman CtmmeinSe, Aideman Herreli - 7- indicated that the request was within City policy, and would only have been considered by the Parking & Traffic Cammittee had the request been contrary to policy. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See By-law 81-252 No. 728 - Loan Review Committee - Re: Applications for Assistance. The report recommends approval of four applications for assistance received under the Ontario Hcme Renewal Program. ORDERED on the motlon of Alderman Cummings, seconded by Alderman Baker, that the report be:, received and adopted. Carried Unanimous~y. RESOLUTIONS No. 107 - CU~dlNGS - CHEESMAN ~ RESOLVED that the unit prices submitted by E.J. Voth & Sons Limited for the construction of sanitary sewer upgrading works in the Rolling Acres area, be accepted at the tendered price of $432,729.40; AND'the Seal of the Corporation be hereto affixed. Carried Unanimousix NO. 108 - eRR - CUMMINGS - RESOLVED that the unit prices submitted by Baldasaro and MacGregor Limited for the Bender Street storm sewer and watermain, be accepted at the tendered price of $1,133,325.00; AND the Seal of the Co~poration be hereto affixed. Carried Unanimously No. 109 - MERRETT - RERRIO - RESOLVED that the unit prices submitted by Frost Steel and Wire Campany for the supply and installation of fences and backstops, be accepted at the tendered price of $47,338.00; AND the Seal of the Corporation be hereto affixed. Carried..Unanimousl~ BY-LAWS ORDERED on the motion of Aideman Chessman, seconded by Alderman Fern, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: N0.81-248 - A By-law to authorize the execution of an agreement with H.J. Voth and Sons Limited for the construction of a sanitary sewer relief system in the Rolling Acres area. No. 81-249 - A By-law to authorize the execution of an agreement with Baldasaro and MacGregor Limited for storm sewer construction on Bender Hill from River Road to Palmar Avenue, watermain construction on Bender Hill from Falls Avenue to Palmar Avenue and repairs and connection to the existing drop shaft at River Road and Bender Hill. No. 81-250 - A By-law to authorize 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. 81-251 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls PlanninE Area. (No. 132, Camheroin1 Policies) No. 81-252 - A By-law to authorize the execution of an agreement with Menechella Eros, Limited respectins parking facilities. No. 81-253 - A By-law to authorize an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Transportation and Communications. No. 81-254 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Aideman Fera, seconded by Alderman Herrerr, that the followinS by-law be now read asecond time~ No. 81-251 , A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls PlanninS Area, (No. 132, Canmartial Policies) Carried Unanimously -8- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that the following by-laws be now read a second and third time: No. 81-248 - A By-law to authorize the execution of an agreement with H.J. Voth and Sons Limited for the construction of a sanitary sewer relief system in the Rolling Acres area. No. 81-249 - A By-law to authorize the execution of an agreement with Baldasaro &MacGregor Limited for storm sewer construction on Bender Hill from River Road to Palmer Avenue, watermain construction on Bender Hill from Falls Avenue to Palmer Avenue and repairs and connection to the existing drop shaft at River Road and Bender Hill. No. 81-250 - A By-law to authorize an a~reement with Frost Steel and Wire C(m]pany Limited for the supply and erection of fences and backstop~ in the City of Niagara Falls. No. 81-252 - A By-law to authorize the execution of an agreement with Menechella Bros. Limited respecting parking facilities. No. 81-253 - A Bye.law to authorize an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Transportation and C~m~nunications. No. 81-254 - A By-law to provide monies for general purposes. Carried UnanimouslI NEW BUSINESS 75TH ANNIVERSARY OF THE GREATER NIAGARA GENERAL HOSPITAL Alderman Chessman advised that the Greater Niagara General Hospital will be celebratinS its ?Sth anniversary in 1982, It was moved by Alderman theeamen, seconded by Alderman Cummings, that the City take appropr~te recognition of thfs event through a proclamation, and display of the Hospital Logo at centre ice at the Niagara Falls Memorial Arena. Carried Unanimously. Alderman Cummin indicated that the Hospital logo could be displayed as well as the Flyere insign~ DITCHING ON DORCHESTER ROAD NORTH Aldermen CheSsman advised that he had received an inquiry from a resident on Dorchester Road north regarding maintenance of the ditch iB front of his property, and whether or not the ditch could be replaced ~ith an underground sewer system. The Director of Municipal Works indicated that he would contact the Region regarding cleaning of the ditch, however as far as a sewer system was concerned, this would involve a shared responsibility, Alderman Chessman asked the Director of Municipal Works to contact the individual involved and determine what action could be taken, GO TRAIN SERVICE TO NIAGARA FALLS It was moved by Alderman C'neeeman, seconded by Alderman Cummings, that a resolution be prepared requesting the Provincial C~vernment to comment on the possibility of extending ~o Train service to Niagara Falls. Carried Unanimously. PEDESTRIAN ACTIVATED SIGNALS Nayor Thomson referred to previous discussions by Council regardinE the establishment of pedestrian activated traffic signals on Portage Road and Main Street, and indicated that he had learned that there were no specific funds in the budget' for this work, The Nayor further advised that there was an amount of $36,000 in the budget for lighting work in connection with the reconstruction in the Stanley Avenue/McLaod Road area that would not be carried out this year, and these funds would not be required in 1981, Mayor Thomson suggested that the City*s share of the -9- be requested to proceed with the necessary installation as soon as possible. Carried Unanimously. GATEWAY NORTH PLAZA - PRINCE ALBERT, SASKATCHEWAN Mayor Thomson advised that the most recent project undertaken by Primesite Developments~ the Gateway North Plaza in Prince, Albert Saskatchewan, had opened this past week. MEETING WITH FEDERAL OFFICIALS Mayor Thomson advised that he had spoken to Mr. A.A. MacBain, M.P. regarding the problem with prostitution in the City, and it had been suggested that it might be beneficial if a meeting could be arranged with the Federal Minister of Justice to discuss this problem. It was moved by Alderman Cummingss seconded by Alderman Fern, that Mayor Thomson be authorized to meet with the Federal Minister of 3ustice regarding prostitution in Niagara Falls and other matters of mutual interest. Carried Unanimously. NIAGARA FALLS MEMORIAL ARENA Alderman Cummings indicated that he had been very pleased with the official openln~ of the Niagara Falls Memorial Arena, and had heard nothing but praise for the improvements to the facility. With respect to the area where handicapped spectators would watch hockey games, Alderman Cummings suggested that some sort of protective glass be erected in this area to protect these spectators from flying pucks. TESTING OF WATER SUPPLY Regional Councillor Sobel indicated that he had spoken with Mr. Keith Cordon, Minister of the Environment regarding testing of the local water supply as a result of recent controversy over the dumping of toxic wastes into the Niagara River. The Minister had indicated that he was concerned and would be looking into additional testing. Mayor Thomson stated that he hoped the Regional Public Works & Utilities Committee would examine the metlet closely to ensure that this type of testing is carried out. It was moved by Alderman Kerrio, seconded by Alderman Dills, that the Provincial Government be requested to provide for more extensive testing of the local water supply. Carried Unanimously. It was moved by Alderman theeamen, seconded by Alderman Dilts, that tSaemeeting adjourn. Carried Unanimously. READ AND ADOPTED, , ~,I,A~ d .,, '_-- ~,~~,,~ cost to install the pedestrian activated signals in the amount of $26,000 [ could be financed using the funds from the other project in order to have the signale installed me soon as possible. It was moved by Alderman Merrett, seconded by Alderman Cummings, that the City's share of the cost to erect pedestrian activated traffic signals on Portage Road and Main Street, in the mount of $26,000s be financed from funds allocated for liShtin~ Work in the McLmod Ro~,d/Stanlay Avenut area, and that the Region' FORTY-SECOND MEETING SPECIAL MEETING Council Chambers October 26, 1981 Council met on Monday, October 26, 1981 following a General Committee session. All members of Council were present with the exception of Alderman Janvary. His Worship, Mayor Thomson presided as Chairman. RATIFICATION OF GENERAL COMMITTEE DECISIONS Report No. 729 - Finance Committee _ Re: Request of Richard Bosco for Extension of Conmutation Period - 1981 Local Improvements. The report recommends that By-law 78-204 and 79-221 be amended to provide that any person whose lot is specially assessed for the improvements enumerated in the aforementioned by-laws may commute the special rates imposed thereon by paying the amount assessed against their lots in two payments, the first payment being one half of the cost being payable on or before November 16, 1981 and the remaining charge being payable on or before the first day of April, 1982. ORDERED an the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-law No. 81-257 ' Report No. 730 - Planning & Development Conmittee - Re: AM-17/81, Alamo Motel, 5905 Victoria Avenue. The report recommends approval of the application, and further that staff be directed not to accept any further amendment applications for tourist accommodations necessitating zoning amendments until the Traffic and Tourism Study has been finalized and recommendations as far as the development of secondary plans and their review by the Conmittse have been considered. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-law No. 81-255 Report No. 731 - Acting Administrator - Re: Commemorative Names for City Parks. The report recommends that members of Council consider the naming of two recently crea~ed park areas located within the City. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be referred to the Recreation Conmission in order to obtain coffunents from the A~ea Boards. Carried Unanimously.. Report No. 732 - Acting Administrator - Re: Bambt Estates and Bembi Estates Extension Plans of Subdivision, M-58 and M-59. The report recommends: 1) That the policy adopted by Council at its meeting on October 5th, 1981 to require payment of $3,000 for each lot for which a letter of clearance is requested be revised to provide that the charge for a letter of clearance for one-half -of a lot on which a semi-detached dwelling is erected or is to be erected be fixed at $1,500; 2) That except for the above revision, Council confirm the adoption of al 1 the recommendations in the report dated October 2nd, 1981; and 3) Passage of a by-law authorizing the execution of the releases upon receipt of payment of $3,000 per lot and $1,500 for one-half of a semi-detached dwelling lot. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilte, that the report be received and adopted. Carried Unanimously. See By-law No. 81-256 Report No. 733 - Alderman Janvary - Re: Minister's Conference on Recreation. The report provides information on the proceedings of the Minister~s Conference on Recreation held in Toronto recently. ORDERED On the motion of Alderman Cheesman, seconded by Alderman Di!ts, that the report be received and filed. Carried Unanimously. No. 734 - Acting Administrator - Re: 1981-82 Canada Community Development Projects ProStem. The report provides information on the 1981-1982 Canada Community Development Projects Program. ORDERED on the motion of Alderman Cheeeman, seconded by Alderman Dilts, that the report be received and filed, and copies forwarded to interested 8roupe ang ,aSencies. Carried Unanimously. -2- Report No. 692 - Acting Administrator - Re: Site Plan Approval for PropoSed Repair Garage and Gas Pumps on BridEs Street. The report reconunends approval of the subject site plan subject to a number of conditions. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. / Report No. 735 - Acting Admtnistrator - Re: 1981 Debenture Issue. The report recommends passage of a resolution requesting the Regional Municipality of Niagara:to issue debentures in accordance with the terms and amounts set out. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and. adopted. Carried Unanimously. See Resolution No.~ Report No. 736 - Finance Ccmmittee- Re: Nine Month Statement of Revenue and Expenditure. The report provides a nine month statement of revenue and expenditure for tax supported earvices, water supply system and the parking fund. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dtlts, that the report be received and filed. Carried Unanimously. Report No. 737 - Finance C~nmittee - Re: C.J.R.N. 710, The Winter Club of St. Catharines, The Association of Kinsmen Clubs. The report recommends that the requests from C.J.R.N. 710, the Winter Club of St. Catharines and the Association of Kinsmen Clubs, be received and filed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. Report No. 738 - Acting Administrator - Re: Request for Release, Lot 10, Plan M-76, Mount Forest Mark III. The report recommends that the request to provide a release from the conditions of a subdivision agreement dated the 14th day of August, 1971, as they apply to Lot 10, Plan M-76, be granted on the understanding that Sunnylea Construction will post with the City funds in the amount of $2,000 to be held until such time as all monies due to the City for payment of services have been received. ORDERED on the motion of Alderman Chessman, seconded by ~L~erman Dilts~ that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 110 - CHEESMAN - DILTS'- RESOLVED THAT WHEREAS there has been an alarming increase in the number of persons who solicit others, including pedestrians and . motorists on City'streetss for the purpose of prostitutions and WHEREAS the above-mentioned activities are a source of annoyance and embarrassment to members of the public and interfere with their right and ability to move freely and peacefully upon City streets, and WHEREAS the Council is of the opinion that these activities have reached such a magnitude as to be a concern to the City as a whole~ and WHEREAS the soliciting section of the Criminal Code of Canada has been rendered virtually unenforceable by peace officers because of the Courtst interpretation that to constitute an offante thereunder there must not only be a demonstration by an accused of an intention to be available for prostitution but conduct which is pressing and persistent; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls petition the Government of Canada to enact without - de:lay suitable amendments to the Criminal Code of Canada to resolve the serious problems being created by the present inability to effectively deal with prostitution; AND BE IT FURTHER RF~OLVED that His Worship, Mayor Wayne Thomson be authorized to mat with the Hon. Jean Chretien, Minister of Justice and A.A.'MacBain, MP to solicit their support and assistance; AND the Seal. of the CorpOration be hereto affixed. Carried Unanimousll!~,~ No. 111 have confi~lned that an alarming amount of toxic chemical waste is being discharged into the Niagara River by firms located in the United States; AND WHEREAS this practice hascreated a near crisis situation for residents of the City of Niagara Falls and the Town of Niagara-on-the-Lake and all those persons who depend upon the Niagara River as a source of potable water; NOW T~EREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls urgently request the Federal Environmental Minister the lion. John Robarts; the Chairman of the International Joint Commission; the Hon. Kstgh Norton~ Minister of the Environment for the Province of Ontario to petition President Ronald RsaSen and Covemot H. Carey of the State of Nw York to implement, lamediets tamedial measures to prevent the discharge of toxic chemical wa~'te,into the Niagara River and that -3- representatives of both the Provincial and Federal Governments be asked to maintain pressure on American authorities until the current hazardous situation is resolved; AND BE IT FURTHER RESOLVED that copies of this resolution be sent to the Town of Niagara-on-the-Lake, Mr. Vihce Kerrio, MLA, and Mr. A.A. MacBain, MP, requesting their endorsation and support, and that Mayor Wayne Thomson be granted authority to deal directly with all affected authorities in order to effect a solution tothe existing problem; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 112 - CHEESMAN _ DILTS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: Construction O.M.B. Financing Retirement By-law No. No. Request Term 79-218 amended by 80-219 E791731 400,000 10 77-245 E771914 180,000 10 80-211 E801706 80,000 10 80-148 E801218 60,000 10 80-192 E801538 40,000 10 80-191 E801537 40,000 10 81-145 E81800 100,000 10 79-219 E791732 100,000 10 $1,000,000 ; AND the Seal of the Corporation be hereto affixed. COMMUNICATION Carried Unanimousll No. 289 - Notre Dane College School - Re: Pilgrimage '81. The communication requests a contribution from the City as a sponsor of the pilgrimage to raise money for the poor in the world. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the communication be referred to the Finance C~nmittee. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Baker, seconded by Alderman Dilts, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: · No. 81-255 - A By-lawtoamend By-law No. 79-200, as amended. (AM-17/81) No. 81-256 - A By-law to authorize the execution of releases respecting lots in Registered Plans M-58 and M-59. (Bambi Estates and Bambi Estates Extension Subdivisions) No. 81-257 - A By-law to provide for the commutation of special rates in respect of the construction of certain works as local improvements. Carried Unanimously. ORDERED on the motion of Alderman Schisler, seconded by Alderman GumminEs, that the followins by-laws be now read a second and third time: No. 81-255 - A By-law to amend By-law No. 79-200, as amended. (AM-17/81) No. 81-256 - A By-law to authorize the execution of releases respecting lots in Registered Plans M-58 and M-59. (Bambi Estates and Bembi Estates Extension Subdivisions) No. 81-257 . A By-law to provide for the commutation of special rates in respect of the construction of certain works as local improvements. Carried Unanimously - 4 - NEW BUSINESS MUNICIPAL WORKS COMMITTEE MEETING AIderman Dilts advised Council that the Municipal Works Committee would be reviewing the lot grading and drainage policy at its meeting on October 27th at 4:00 p.m., and urged as many members ae possible to attend the meeting. The Council meeting adjourned to a demonstration of word processing equipment in C~nmittee Rooms #2 # 3. READ AND ADO~J~D, MAYOR WAYNE THOMSON FORTY-THIRD MEETING Council Chambers November 2, 1981 REGULAR MEETING Council met on Monday, November 2, 1981 at 7:30 p.m. for the purpose of considering general business. All members of Council were present, with the exception of Aldermen Baker and Orr. 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 Merrett, that the minutes of the meetings held on October 14th, 19th and 26th, 1981, be adopted as printed. Carried Unanimously. DEPUTATION VOLUNTEER BUREAU - COMMUNITY AWARENESS MONTH MS. Susan Szigeti of the Volunteer Bureau, explained the act}v]ttes planned for the month of November, which is to be designated as Community Awareness Month in Niagara Falls. The intent of Community Awareness Month is to acquaint citizens more fully with the community as a whole - its services, industries, cultural and human resources, its government, and to stimulate a genuine interest on the part of all citizens in helping to make Niagara Fa]ls a "good place to live". In connection with Community Awareness Month, Ms. Szigett advised that the theme for the month, once again, will be "Make your mark on Niagara ........ Be a Thum-Buddy, Participate". All members of Council placed their thumbprints and signatures bn the official poster signifying their "Mark on Niagara". Alderman Janvary reminded members of the Mock Council meeting to be held on November 10th as part of the Community Awareness Month activities, and advised that a number of the students who will be participating in the meeting~ were in attendance. Following further discussion, it was moved by Alderman Chessman, seconded by Alderman Fera, that the month of November, 1981, be proclaimed as "Community Awareness Month" in Niagara Fails. Carried Unanimously. COMMUNICATIONS No. 290 - Regional Municipality of Niagara - Re: Sewage and Water Flows for the Month of September, 1981. The communication provides information on the . sewage and water flows by municipality for the month of September, 1981. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the-.comnlunication be received and filed. Carried Unanimously. No. 291 - Mr. R. Conetantinides - Re: Walkway - Ares Court. The communication conm~ents on problems experienced as a result of an adjacent walkway on Ares Court · AND No. 292 - Mr. J. Kay - Re: Walkway - Rainbow Crescent to Jubilee Drive. The communication comments on problems experienced as a result of an adjacent walkway between Rainbow Crescent and Jubilee Dr.ire. /~ND No. 293 - Mr. H. Potter - Re: Walkway - Rainbow Crescent to Jubilee Drive. The conmlunicat]on comments on problems experienced as a result of an adjacent walkway between Rainbow Crescent and Jubilee Drive. Mayor Thomson provided additional information on the matter of walkways in response to a number of questions raised. The Mayor indicated that a report was being prepared on the matter and would be submitted to Council within several weeks. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Fera, that the co~m~unications be referred to the special committee of staff presently studying walkways. Carried Unanimously. No. 294 - City of Port Colborne - Re: Proposed Postal Rate Increase. The communication requests endorsatIon of a resolution opposing the proposed mail rate increases for January let, 1982. -2- AIderman Chessman indicated that he could not support the resolution in its present form, because he felt some increase in postal rates was warranted. The Alderman suggested that he would sooner send a wSrd of encouragement to the new administrator for the Post Office to do a good job and state that the public would be glad to endorse an increase in rates which ia warranted. The Alderman felt that at the present time, the Post Office has not deserved the public's support of the increase requested. AIderman Merrett pointed out that the Federal Government, through the Post Office, has cost businesses throughout the Country millions of dollars through the postal service's inadequacies, and it is now being said that with the proposed increase they can do a better job. The Alderman agreed that there has to be an increase~ and the intent of Port Colborne's resolution is that the increase proposed is ridiculous, and canmon sense must be used. Alderman tunwhinEs also pointed out that the resolution was opposing the increase proposed by the Post Office, not an tncrea8e in general. Alderman Puttick suggested that the resolution be referred to the Finance Committee for consideration and a report back at the next meeting. Aideman Cheesman felt that the resolution could be amended to provide that while the City was opposed to the suggested increase, it would not be opposed to an increase equivalent to the cost of living increases since the last postal rate increase was made. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Schtsler, that the resolution be endorsed. The motion Carried with Alderman Chessman voting contrary, and all others voting in fayour. No. 295 - Miss M. Morris - Re: Niagara Drying Systems Proposed Crowland Slte. The communication expresses opposition to the location of the Niagara Drying Systems fruit pulp drying operation in the Bigger Road/Crowland Avenue area of the City. Mayor Thomson indicated that it was his understanding the Crowland site had been abandoned by Niagara Dryl. ng Systems. Other individuals have become involved in the proposal, and alternate locations are being examined. It Is anticipated that further information will be made available to the City within a week, and th~ Mayor suggested that Miss Morris' conunents be referred to staff to be considered in conjunction with any proposal submitted. In response to a question raised by Alderman Schisler, Mayor Thomson indicated that Miss Morris would be informed of Councll's action. ORDERED on the motion of Alderman Fern, seconded by AlderMan Cummings, that the communication be referred to staff. Carried Unanimously. No. 296 - City of Napsan - Re: Three Year Term of Council. The communication requests endorsation of a resolution supporting the implementation of a three year term for municipal councils. Alderman Puttick stated that he would sooner see the Province reduce the size of councils before considering extending the current two year term. Alderman Metfelt stated that the three year term for municipal councils - had been discussed at great length by the Association of Monicipalities of Ontario, and it had been the general feeling of the municipalities involved that the three year term was desirable. As a result of the Association's requests over the years~ the Province has decided to implement the legislation. The Alderman explained that the three year term was considered des'lrable in view of long-term financing, 16ng range planning for municipalities, and consistency in decisions. Mayor Thomson also indicated the savings that .would be realized by holding municipal elections every three years as opposed to avery two years. By extendinS the term a further year~ the City itself could save as much as $15~000 to $20,000 in one ymar. Following further eanment~ it was moved by Alderman Puttick, seconded by Alderman Schislar~ that the communication be received and filed. The motion[ Carried with the following vote: ~__.~.~_~:':""Aldermen Cmmnings~Dilts~ Fara~ Janvar.y~ Futtick~ Bchisler~ Kerris and gamerville. NAYE: Alderman Chessman and Mettart. No. 297 - Ministry of the Environment - Re: Noise from Maple Leaf Village. ~ha communication advises o~ · oomplaint received from a resident on Hunter Street regarding noise from the: [4epic Leaf Village amusement park. -3 - Mayor Thomson commented that the Municipal Works Cornmittee is looking into the feasibility of adopting a noise by-law for the City, and suggested that the letter be referred to the Committee. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the communication be referred to the Municipal Works Committee. Carried Unanimously. No. 298 - Welland County Roman Catholic Separate School Board - Re: School Loading Zones. The communication requests the City to establish school loading zones at various separate schools. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the communication be referred to staff for the preparation of a report. The motion Carried with Alderman Fern abstaining on a conflict of interest, and all others voting in fayour. No. 299 - Ministry of Municipal Affairs and Housing - Re: Niagara Escarpment: Partial Ran]oval of Development Control Regulations. The communication advises that development control regulations can be removed from lands affected, under certain conditions. ORDERED on the motion of Alderman Cununing8, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. No. 300 - Mr. R. McCallum - Re: Stop Signs. The communication requests that the City consider the installation of stop signs at certain intersections in the downtown area. ORDERED on the motion of Alderman Dills, seconded by Alderman Cummings, that the comunication be referred to staff for the preparation of a report. Carried Unanimously. No. 301 - Mr. L.T. Evans - Re: Cupolo Park. The communication suggests that the City consider purchasing Cupolo Park to replace John N. Allan Park. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera~ that the communication be received and filed. Carried Unanimously. * No. 302 - Mr. J. Ramsden - Re: Navy Island Deer Hunt. The communication protests the inhumane manner in which the deer hunt is taking place on Navy Island and suggests that the o~ficials investigate more humane means of controlling the deer population. AND No. 303 - Niagara Frontier Humane Society - Re: Navy Island Deer Hunt. The communication requests endorsement of the following resolution "That the Niagara Frontier Humane Society is opposed in principle to the solution adopted by the Ministry of Natural Resources to the over-population of deer on Navy Island and would respectfully request the Ministry to consider a more humane solution to the problem and would be willing to assist the Ministry to this end." AIderman Morrett provided some background information leading to the decision by the Ministry to hold a deer hunt on Navy Island. The Alderman provided additional information in response to a number of questions raised. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Dills, that the communication from Mr. Ramsden be received and filed. Carried Unanimously.. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the resolution of the Niagara Frontier Humane Society be endorsed. Carried Unanimously. No. 304 - Carluccio Construction Inc. - Re: Bambi Estates and Bambi Estates Extension Plans of Subdivision. The communication expresses opposition to the City's policy with respect to issuance of letters of clearance for lots in the subject subdivisions. Mr. M. Garluccio stated that he was only a builder in the subdivisions, and not the developer or a land speculator, and he felt it was unfair that he should be expected to pay the $3,000 and $1,500 fens as~ablished by the City for letters of clearance. Mr. Carluccio felt the City should be going after the developer for the outstanding servicing costs, and not the owners of lots. In response to a question raised by Mayor Thomson, the City Solicitor advised that if the developer has any assets, at the proper time the City would have a legal right to claim against the campany and also against the awners and successors of the company. The City is not in a position to proceed with the services at this time of year~ and the decision of Council was to let the Mrs of the lots in the subdivisions know there may be problems in financing. Contact was made with the developer, and a reply was received from Mr. Kuhn -4- of B.E.N. Developments requesting additional information which was sent to him. The City Solicitor indicated that to date, there has been no response from ~he firm to the Cityts request for payment. Mr. Carluccio stated that he had spoken to Mr. Kuhn and had been advised that Mr. Kuhn had not received a response to his request for additional information. The City Solicitor etated that Mr. Kuhn~s letter was received ten to fourteen days earlier and he had requested the Huntcipal Works Departmen~ to provide certain particulars which were received. A reply was then promptly sent to Mr. Kuhn. Mr. Carluccio felt that the services in the subdivision should have been constructed three years earlier when there' had been no financir~ problems. The Director of Municipal Works stated that it is Council's policy as set out in the subdivision agreement registered on title for the subdivision lands, that once 50% of the lots have bean built on, the City would proceed to the second phase of servicing. At present, the subdivision is Just at the 50% stage now, and it would be foolish to install services at this time of year in view of weather conditions. If the curbs and gutters were installed at this time, there would ba problems afterwards when construction takes place on the remaining lots, 'i.e. broken curbs, etc. Mayor Thomson explained that this type of problem had not been experienced by the City in the past, however due to the lack of development throughout the City and reduced housing starts, monies deposited four and five years previously for servicing ware now insufficient, and developers were not in a financial position because of the economy, to meet their commitments with respect to servicing. The Mayor felt that further information was needed on the financial status of the developer for this subdivision, and that the questions of the owners of lots in the subdivisions should ba answered in a ccmprehansiva report to Council. ' Alderman Chessman pointed out that it was not a case that the City had not artforced the terms of the subdivision agreement, since the City had ndhezedato its poEicy with respect to the timing of serviE~s. The problem. had arisen as a result of the lots not selling. The Alderman suggested that if the lots had sold, the services would now be in and paid for. Alderman Puttick stated that Council had various alternatives suggested, and Council had been of the opinion that the services should not be installed using funds from the general rate. The Alderman indicated that he was of the opinion no further work should take place in the subdivision at the City t8 expense, since he felt there would be a developer gemwhere that would step in and finish the subdivision. Mr. R. Cousins, a resident in the subdivision, was granted permission to address Council on the motion of Alderman Kerrio, seconded by Alderman Ctmmnings. Mr. Cousins indicated that according to the subdivision agreement, it was clear that the City had covered itself by making the future owners of lots liable for completin~ the services. The owners of lots had never been advised that there was this liability outstanding against their properties. Mr. Cousins referred to a number of Doints in the subdivision a~raement and raised a number of questions in that reRard. In suvmnary, Mr. Cousins stated thatha hoped Council would vase a motion to h~ve a full report 9reparad and a general meeting so that the residents would be more fully informed on the status of the subdivision. Mr. G. Mallouk indicated that Mr.J. Kuhn and Dr. C. Petrullo., owners of B.E.N. Developments~ are both in receivership by Credit Fenclef Franco- Canedlena, owin8 some $850,000. The firm has some forty lots for .sale under ~ower of sale. Mr. C. Zorzetto asked if any information could be sent to the lot owners in advance of the meeting in order to familiarize themselves with the problems prior to the fdiscussion. Alderman Puttick also suggested ,that the developer be asked to attend ~he meeting. Mayor Thomson indicated that four or five days prior to the meeting, a copy of the report would be mailed out to the lot owners. Following further commentt it was moved by Aldex~an Chessman, seconded by Alderman Marre,t, that a comprehensive report on the matter be prepared and a Senoral meeting.held in ~e weeks' on the matter. Carried ~nanimously, ' · (' ,, oo...5 -5 - No. 305 - Ontario Plumbing Inspectors Association _ Re: Appointment of Mr. N. Downer as Director. The communication advises that Mr. N. Downer has been appointed as Director of the Association for the 1981-82 term. ORDERED on the motion of Alderman Fern, seconded by Alderman Cummings, that a letter of congratulations be forwarded to Mr. Downer. Carried Unanimously. No. 306 - Niagara Falls Board of Museums _ Re: Appointment of Mr. J. Burthink. The communication requests that Mr. J. Burtniak be appointed to serve the remainder of the term for which Mrs. E. O'Shell was appointed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the appointment be confirmed. Carried Unan{mously. No. 307 - Optimist International _ Re: Youth Appreciation Week. The communication requests that the week of Novumber 8 - 15, 1981, be proclaimed as Youth Appreciation Week. ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that the request be approved subject to established policy. Carried Unanimously. REPORTS No. 739 - Acting Administrator - Re: Request for Release, 6085 Belaire Avenue, Lot 63, N.S. 22. The report recommends passage of a by-law to authorize a release of Lot No. 63 according to Plan N.S. 22 from the provisions of a subdivision agreement between the City and Klydel Holdings Inc. dated November let, 1972, and registered on November 16th, 1972 as Instrument No. 1 76349. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law No. 81-258 No. 740 - Acting Administrator - Re: Request for Release, 6146 Kirkland Drive, Lot 280, Plan N.S. 22. The re~ort recommends passage of a by-law to authorize a release of Lot No. 280, according to Plan N.S. 22 from the provisions of a subdivision agreement between the City and Klydel Holdings Incorporated dated November let, 1972 and registered on November 16th, 1972 as Instrument No. 176349. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. See By-law No. 8]-259 No. 741 - Acting Administrator - Re: 1981 Capital Budget Projects. The report recommends passage of several by-laws dealing with the construction of sanitary and storm sewers and a watermain installation which were included in the 1981 Capital Budget. The Director of Municipal Works provided additional information in response to a number of questions raised by Alderman Puttick regarding the cost of the projects involved. ORDERED on the motion of Alderman Dilts~ seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-laws Nee. 81-261, 81-262 and 81-263 No. 742 - Acting Administrator - Re: Construction Agreement with Ontario Hydro for Paul Thiel Associates - Rolling Acres Flood Relief Storage Tank. The report recommends passage of a by-Jaw authorizing staff to execute a Construction Agreement with Ontario Hydro, relating to the subject works. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Kerrto, that the report be received and adopted. Carried Unanimously. See By-law No. 81-264 No. 743 - Acting Adminis trator - Re: Parking on Buttrey Street. The report 'recor~nends that the necessary by-law be prepared to limit parkln8 to a maximum of two (2) hours on both sides of Buttrey Street from Victoria Avenue to Dyson Avenue. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 744 - Acting Administrator -' Re: Municipal Accounts. The report recommends payment o~ the municipal accounts. Additional information was provided on Cheques 5795, 5807~ 5856, 5901, 5957 and 5962 in response to a number of questions raised. With respect to Cheque #5957~ Alderman Cummings asked if the results of a study undertaken by Johnson Controls with respect to reducing energy costs -6- at the City Hall, had been provided to the City showing the cost savings realized as a result of implementing the energy saving recommendations of the firm. The Acting Administrator indicated that he would check into the matter. ORDERED on the motion of Alderman Dills, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 745 - Mayor Thomson - Re: Blood Donor Clinics. The report recommends that City employees be reminded of the demand for blood and be encouraged to attend blood donor clinics during their normal working hours on a scheduled basis. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cunnnings, that the report be received and adopted. Carried Unanimously. No. 746 - Acting Administrator - Re: 1938 Ford V8 Fire Truck. The report advises that ownership of the 1938 Ford V8 Fire Truck has been given to the Chippawn Volunteer Fire Fighters Association, subject to the vehicle only being used for parades or display purposes and the Association prowldins insurance for the vehicle. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously No. 747 - Acting Administrator - Re: Auto Parts Technology Centre. The report advises that the Deputy Industrial Commissioner of the Niagara Falls Business & Industrial Growth A~ency has forwarded material to the Regional Planning Director regarding possible sites for an auto parts technology centre in the City. ORDERED on the motion of Alderman Nerrett, seconded by Alderman Cummings, that the rapstea b~ received and filed. Carried Unanimously. No. 748 - Actin~ Administrator - Re: Amendment to Trailer Camp By-law. The report recommends passage of a by-law to provide for decreasing the minimum space between trailer homes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the report be received and adopted.. Carried Unanimausly. See By-law No. 81-;i~ No. 749 - Mayor Thomson - Re: Composition of Co-ordinattng Committee for Niagara Falls City Cantre '(Primesite Developments ). The report recommends that Council appqint a Regional representative to the subject committee, and also invite the Chamber of Commerce, the Niagara Parks Commission and the Niagara Falls Visitor and Convention Bureau to serve on the Committee if they so desire. ~ ORDERED on the mellon of Alderman Marreel, seconded by Alderman Cummings, that the report be received and adopted, and Regional Councillor appointed to the Committee. The motion Carried with Alderman Puttick voting contrary, and all others voting in fayour. BY-LAWS ORDERED on the motion of Alderman CunnlnSs, seconded by Alderman Dills, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-258 - A By-law to authorize a release. (Lot 63, N.S. 22) No. 81-259 - A By-law to authorize a release. (Lot 280, N.S. 22) No. 81-260 - A By-law to authorize a release. (Lot 10, M-76) 81-261 - A By-law to authorize the construction of sanitary laterals and a sewermain as an improvement to the sewage system in the urban service areas of the City, No. 81-262 - A By-law to authorize the construction of a storm sewermain as an improvement and extension to the sewage system in the urban servil .,. areas d the City. NO. 81-263 -A By-law to authorize the installation of a vatarmatn as an improvement tc~the water supply system in the urban service areas o4 the City. No. 81-264 - A By-law to authorize the execution o4 an agreement between Nydro and the CoWoration of the City of NiaBara Falls respecting ; the construction~ ~ha Rollin8 Acres Flood Relief storage lank installation, ~- - 7- No. 81-265 - A By-law to amend By-law No. 76-102, as amended, being a by-law respecting t3ae issue of licences. No. 81-266 - A By-law to provide monies for general purposes. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the following by-laws be now read a second and third time: No. 81-258 - A By-law to authorize a release. (Lot 63, N.S. 22) No. 81-259 - A By-law to authorize a release. (Lot 280, N.S. 22) No. 81-260 - A By-law to authorize a release. (Lot 10, M-Y6) No. 81-261 - A By-law to authorize the construction of sanitary laterals and a sewermain as an improvement to the sewage system in the urban service areas of the City. No. 81-262 No. 81-263 - A By-law to authorize the construction of a storm sewermain as an improvement and extension to the sewage system in the urban service areas of the City. A By-law to authorize the installation of a watermain as an improvement to the water supply system in the urban service areas of the City. No. 81-264 - A By-law to authorize the execution of an agreement between Ontario Hydro and the Corporation of the City of Niagara Falls respecting the ccmstruction of the Rolling Acres flood relief storage tank installation. No. 81-265 - A By-law to amend By-law No. 76-102, as amended, being a by-law respecting the issue of licences. No. 81-266 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS SOUND SYSTEM - COUNCIL CHAMBERS Mayor Thomson indicated that arrangements were being made to have a firm come in and give a demonstration of a new sound system for the Council Chambers. FEDERAL PROGRAMME FOR CONVENTION CENTRES Alderman Cunnntngs referred to information contained with agenda material relating to a new Federal programme for assistance in building convention cantree, an~ asked if inquiries were beta8 made to determine if the downtown project could come under this programme. Mayor Thomson indicated that inquiries had been made to the Federal Government before the document had actually been distributed to municipalities. DISCUSSION ON REGIONAL GOVERNMENT Alderman Chessman indicated that he had received no comments from the members of Council regarding Regional Government, that were to have been submitted to the special committee in St. Catharines compiling this information. Mayor Thomson requested Alderman Chessman to call his office in the morning regarding material he had collected. Alderman Cummings advised that he had sent material in to be forwarded to Alderman Chessman. The Acting Administrator indicated that he would check into the matter. SALES TAX ON TOURIST ACCOMMODATION Alderman Puttick referred to a discussion he had held recently w~th individuals concerning replacing the sales tax on tourist acconnodation in the City~ and indicated that he had received material Just prior to the meeting from the Ontario Notel/Motel Association indicating that the sales !tax would, be returned. Mayor Thomson suggested that the material ba reviewed and a resolution could be prepared supportinS the position o4 the local tourist operators. t -8 - ACOUSTICS - NIAGARA FALLS MEMORIAL ARENA Alderman Dilts suggested that in view of the fact there could be some well known performers appearing at the Niagara Falls Memorial Arena in the future, it might be advisable to have an acoustics expert in to examine the Arena and prepare estimates on any improvements that might be required. Mayor Thomson advised that some work has been started on this matter, and it appeared that there may be no serious problem with the acoustics at the Arena. It was moved by Alderman Dilts, seconded by Alderman Merrett, that the matter be referred to staff for further investigation and the preparation of a report. Carried Unanimously. PUBLIC ADDRESS SYSTEM - NIAGARA FALLS MI~4ORIAL ARENA Alderman Cummings indicated that complaints were still being received regarding the public address system at the Niagara Falls Memorial Arena during hockey games. The Alderman asked that staff determine whether further improvements can be made in the system. MOCK COUNCIL MEETING Alderman Janvary advised that there were several students in attendance at the meeting who would be taking part in the Mock Council Meeting on November 10, 1981~ and asked members of Council if they would speak to the students following the meeting. It was moved by Alderman Chessman, seconded by Alderman Dilts, that the meeting adjourn. Carried Unanimously. READ AND ADAPTED, NAYOR WAYNE THOMSON 'i FORTY-FOURTH MEETING Council Chambers November 9, 1981 SPECIAL MEETING Council met on Monday, November 9, 1981, following a General Cemmittee session. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. RATIFICATION OF GENERAL COMMITTEE DECISIONS Report No. 750 - Municipal Works Committee - Re: Mount Forest II Subdivision, Request to Stage Development. The report recommends that approval be granted for the development of the subdivision in two stages: Stage I - comprising the lots abutting Woodgate Street (Lots 8 - 26) and Stage II - comprising the internal lots on Grouse Lane and Thole Place (Lots 1 - 7 and 27 - 39). ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. Report No. 751 - Acting Administrator _ Re: Land Purchases at Bottom of Queen Street. The report recommends that staff be authorized to call demolition tenders for the following buildings recently acquired by the City: 4184 Queen Street, 4165 Queen Street, 4169 Queen Street and 4639 Cataract Avenue. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others voting in favour. Report No. 752 - Municipal Works Ccmmittee- Re: Closing of a Portion of Thorold Town Line Road. The report recommends that Thorold Town Line Road be closed from Regent Street northerly and that the road allowance be donrayed to Walker Brothers Quarries Limited subject to certain conditions. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the report'be received and adopted. Carried Unanimously. Report No. 753 - Acting Administrator - Re: Derek Holmes - Damage to Car. The report provides information on a claim by Mr. D. Holmes for damages sustained to his car. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schilser, that the report be received and filed. Carried Unanimously. Report No. 754 - Acting Administrator - Re: Request for Release, 6139 Pitton Road, Lot 182, Plan N.S. 22. The report recommends passage of a by-law to authorize a release of Lot No. 182, according to Plan N.S. 22 from the provisions of a subdivision agreement between the City and Klydel Holdings Incorporated dated November 1, 1972 and registered on November 16, 1972 as Instrument No. 176349. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the repqrt be received and adopted. Carried Unanimously. See By-law No. 81-267 Report No. 755 - Acting Administrator - Re: Nursery Stock - A.J. McKinley Park. The report recommends that the quotation in the amount of $5,585.00 submitted by Mori Nurseries Limited of Niagara-on-the-Lake for the supply of nursery stock to be planted at A.J. McKinley Park, be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sch islet, that the report be received and adopted. Carried Unanimously. See Resolution No. 113 Communication No. 308 - Mr. R. Biggar- Re: Niagara Drying Systems. The communication expresses opposition to any proposal to locate the Niagara Dryin~ Systems pulp drying plant at the site located near the corner of Crowland Avenue and Bigger Road. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the communication be received and filed, and a letter of explanation sent to Mr. BiEger o~ the etarue of the matter. Carried Unanimously. RESOLUTION No. 113 - CHEESHAN - SCHISLER - RESOLVED that the quotation submitted by Hori Nurseries Limited for the supply of nursery stock for the A.j ~Kinley Park, be accepted at the quoted~rice of $5,585.00| AND ~he Seal of~the Corporation be hereto affixed. Carried Unanimously -2- -3- BY-LAW ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that leave ~e granted to introduce the following by-law, and the by-law be read a first time: No. 81-267 - A By-law to authorize a release. (Lot 182, N.S. 22) Carried Unanimously ORDERED on the motion of Alderman Dilts, seconded by Alderman Fete, that the following by-law be now read a second and third time: No. 81-267 - A By-law to authorize a release. (Lot 182, N.S. 22) It was moved by Alderman Dilts, seconded by Alderman Fera, that the meeting adjourn to Cenmittee of the Whole. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON , COMMI~ Carried Unanimousl~ NEW BUSINESS SUBMISSION OF ALDERMAN CUMMINGS - REGIONAL GOVERNMENT Alderman Cummings indicated that Alderman Chessman still had not received a copy of the submission he had prepared regarding Regional Government. The Acting Administrator explained that as far as he could determine, the material had been placed in an envelope to be sent to Alderman Chessman, however he would see that a copy was sent to the Alderman. RESOLUTION OF SYMPATHY TO MORRIS FAMILY Alderman Baker indicated that Mr. Paul Morris, a local athlete and an outstanding citizen of Niagara Falls, had passed away. It was moved by Alderman Baker, seconded by Alderman Dilts, that a message of sympathy and condolence be sent to the family of Mr. Morris. Carried Unanimously. SUBMISSION OF REGIONAL COUNCILLOR SOBOL RE: FINANCING Mayor Thomson referred to a submission prepared by Regional Councillor Sobel c~nparing financing at the Regional level to that of the City. The Mayor felt that because of the different types of services provided by the City and the Region, it was not possible to make a blanket comparison. The Mayor also conmented that Councillor Sobel had not contacted any officials of the Ctty's Treasury Department regarding the information contained in his submission. Mayor Thomson stated that ha had briefly reviewed the submission with the Deputy Treasurer and outlined several inaccurate and misleading points in the submission. Alderman Cheesman indicated that he had also received a copy of the submission, and felt that Regional Councillor Sobel had considered the City's interest in suggesting improvements in Regional Government, to be an attack, which was not the case. The Alderman stated that the City's interest should be considered as an interest in improving a sya~em~of government relatively new compared to city Soverament. Alderman Cummings expressed his interest in knowing where Councillor Sobel had obtained his information, if not from City officials. Alderman Puttick suggested that Councillor Sobel be invited to attend a Finance Committee meeting to discuss his submission. The Alderman felt that Council should not discount the contents of the submission until the source of Councillor's information was verified. Following further comment, it was agreed that the matter would be considered at an upcoming Finance Ca~mittee meetin8, and an invitation extended to Regional Councillor Sobel to attend. EVENTS OF INTEREST Alderman Janvary reminded members of Council of a number of events · scheduled for the next week: The Mock Council meeting to be held on Tuesday, November lOth in the Council Chambers, the Renembrance Day service at the Cenotaph at 11:00 a.m. on November llth, and the Civic Tour of Municipal Buildings on Thursday, November 12th at 6:30 p.m. Ccmmi tree Room #1 November 9, 1981 Council met on Monday, November 9, 1981 in Committee of the Whole, following the Council Meeting. All members of Council were present. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Ccmmittee of the Whole arose without reporting. ~ ~a, READ AND ADOPTED, cL MAYOR WAYNE THOMSON Council Chambers November 9, 1981 Council reconvened in formal session on Monday, November 9, 1981 following a meeting in Committee of the Whole. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. The meetin8 adjourned. READ AND ADOPTED, MAYOR WAYNE THOMSON [ ' j FORTY-F~FTH MEETING Committee Room #1 November 16, 1981 COMMITTEE OF THE WHOLE Council met on Monday, November 16, 1981 at 7:15 p.m. in Committee of the Whole. All members of Council were present. Alderman Kerrio presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. . .~a~, MAYOR WAYNE THOMSON Council Chambers November 16, 1981 Council met on Monday, November 16, 1981 at 7:35 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Dills, that the minutes of the meetings held on November 2nd and 9th, 1981 be adopted as printed. Carried Unanimously. PRESENTATION RETIREMENT WATCH - MR. A. DIMATTEO His Worship, Mayor Thomson presented a Retirement Watch to Mr. Agostino DiMatteo who retired on October 31, 1981, having been employed with the City of Niagara Falls since December 2nd, 1965. 'UNFINISHED'BUSINESS .PARKING, TRAFFIC & TOURISM STUDY Report No. 756 - Mayor Thomson - The report recommends that a special meeting or meetings be held with City Council, the Planning and Development Cowmittee, the Parking and Traffic Committee and the general public to be informed of the contents of the Parking, Traffic and Tourism Study. Alderman Chessman presented a written and verbal ~nbmission of the study which was referred to as a "fundamental critique" of the tourist industry in Niagara Falls including governments, legislation and structural aspects of the City. He made reference to the functions of the proposed Tourist Industry Development Board, the "lalssez-falre" philosophy and the "complementaritM'in services and facilities. Alderman Chessman discussed the advantages to the tax outlay for tourist promotion and the global view of the tourist industry. Alderman Metfelt referred to the need for a positive approach when making difficult decisions and expressed agreement with the submission. Mayor Thomson advised that those people who have participated on the Committee over the past months are being asked to submit comments. He stressed the importance of community involvement in this crucial report for the City and further stated that there would be ample opportunity to offer suggestions and comments. Following the General Committee session there will be a Parking, Traffic and Tourlsm Study meeting on Tuesday evening, November 24th, 1981. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 309 - Regional Municipality of Niagara - Re: Future Disposal of Solid Waste. The communication advises that any legislative change will not be considered until the report is received from the consultants, Curtis, Coopers & Lybrand and Gore & Storrie Limited, who are reviewing the energy from waste proposal of the City of St. Catharlnes and Niagara which is expected in January or early February 1982. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the information be received and filed. Carried Unanimously. No. 310 - Regional Municipality of Niagara - Re: Proposed Pedestrian Traffic Signals Portage Road. The communication attaches Staff Report DEA-161 which was approved by the Public Works and Utilities Committee and advises that the Finance Committee approved the transfer of funds to pay the Region's share of the cost of erecting pedestrian-actuated signals at two locations on Niagara Roads 100 and 108 (Portage Road). ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the information be received and filed. Carried Unanimously. No. 311 - Borough of Scarborough - Re: Urea Formaldehyde Foam Insulation. The communication encloses a resolution which was sponsored by Homeowner, with Urea Formaldehyde Foam Insulation (HUFFI) Ontario, endorsed by the Council of the Borough of Scarborough, and requests the Federal Government to institute a program of buy-back legislation similar to t~t in force in Massachusetts. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that this item be discussed in two parts. Carried with Alderman Janvary voting contrary, and all others voting in favour. The first part ~f the resolution which supports encouraging of the Federal Government to initiate a "buy-back" program similar to that in force in Massachusetts to aid affected homeowner, was discussed. Mayor Thomson stated that there are people in the area affected by the problem and Regional Council endorsed the resolution to assist since this is a serious problem. He interpreted the buy-back program as removal of the insulation being paid by the Federal Government. Aldermen Puttlck and Schlsler expressed opposition to the proposal stating that there was insufficient information. A general discussion ensued. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings that the City of Niagara Falls supports in principle encouraging of the Federal Government to initiate a "buy-back" program similar to that in force in Massachusetts to aid affected homeowner,, The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Cummings, Dilts, Fera, Kerrlo, Merrett, and Somerville. NAYE: Aldermen Janvary, Orr, Puttlck and Schisler. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that the City of Niagara Falls would not be in favour of endorsing the objective of Homeowner, with Urea Formaldehyde Insulation (HUFFI) urging of the Provincial Government Assessment Offices to respond favourably to affected homeowner,t requests to have their properties teas,eased. Carried Unanimously. No. 312 - Mr. & Mrs. S. Hesketh, Mr. R. Fargrads Mrs. B. AllanD Mrs. g. Nott - Re: Walkways. Hayor Thomson advised Council that several interested people are present to discuss the matter of walkways which are being investigated by staff. -3- The Planning Director advised Council that the staff committee has surveyed approximately 75 walkways and met on November 13, 1981 to discuss the results. However, recommendations have not yet been made. Input has been received by the committee from persons both pro and con. Mayor Thomson suggested that the decision to retain or remove the walkways should be made individually, dependent upon information received. Alderman Cheesman expressed the opinion that it would not be possible for this matter to be resolved at this meeting. The Planning Director advised that the Committee felt that the walkways should be dealt with when usefulness was questioned, and that the legal aspect would be considered. He suggested a report from the Committee could be considered by Council on November 30th. Alderman Merrett referred to changing social structures which altered the need for walkways and in fact created problems within the areas which have them. The Planning Director replied to questions raised by advising that Inspector Moody is a member of the committee presently studying the situation. He further stated that the committee had discussed consulting with the solicitor on the legal technicality of ownership in the event of closing walkways. The Director of Municipal Works suggested that the committee should study the problem of the walkway construction as well as planning. Alderman Cummings referred to walkways having been planned in subdivisions in order to give accessibility to parks for children. The Planning Director stated that a member of the committee is on Recreation staff and the matter has been referred to the Recreation Neighbourhood Committee for discussion. Alderman Dilts suggested that school involvement should be considered since this is a concern in Niagara South. Mr. Scan Hesketh was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman January. Mr. Hesketh referred to the walkways joining Corry Crescent to Ares Court and Harleyford Crescent, and the concern of residents in the Rapelie area. He stressed the importance of this facility to the children lunching at home during school terms. The removal of walkways would necessitate extensive walking to and from school with time limitation making it impossible for school children to lunch at home. Mr. Hesketh further discussed walkways in terms of an important link with the Niagara Transit system. He referred to walking difficulties on Sarah Street during winter when snowploughing lessens footage and creates dangerous walking for children. Mr. Hesketh suggested that persons objecting to walkways should not purchase homes adjacent to this facility. He urged careful consideration by Council on this matter, and requested alternative routes to school in the event that walkways are removed. Mayor Thomson reassured Mr. Hesketh that the City is in the preliminary 'stage of flnallzlng a report on the question and the walkways would not be closed where there is objection. However, if problems are prevalent and there is a desire that a walkway be removed, this will be dealt with. The objections to closing certain walkways would be taken into consideration and the public will be advised of a future time for consideration by Council. Mr. Herman Damore, Demote Builders, was granted permission to address Council on the motion of Alderman Schlsler, seconded by Alderman Merrett. Mr. Demote discussed the subdivision on Letins Crescent and problems encountered by subdivlders in connection with walkways in terms of inability to sell houses adjacent to walkways, as well as the problems caused by children using the facility. Mr. Demote expressed the opinion that the time of walkways is past and as ~a,-.y ~ possible should be eliminated. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fern, that the oomunicatlons be received and referred to the staff committee currently preparing a report on pedestrian walkways. Carried Unanimously. No. 313 - Social Planning Council - Re: Pollution of the Niagara River. The communication acknowledges, with approval, the concern expressed by the City of Niagara regarding the pollution of the Niagara River with the hope that this will continue until action is taken to alleviate the sltu~tlon. ORDERED on the motion of Aldertasu Janvary, seconded by Alderman Fern, that the information be received and filed. Carried Unanlnously. -4- No. 314 - Minister of Finance - Re: Interest Rates. The communication acknowledges the resolution of Council regarding mortgage interest rates and advises that such policies would be highly discriminatory, costly to the government when the policy is to limit growth in expenditures to the trend rate of growth of Gross National Product and an interest rate ceiling would contract the supply of funds being made available for mortgage financing. The communication further advises that financial institutions in Canada are being encouraged to give consideration to small businesses, farmers and homeowners, and the government will continue its efforts to lower inflation and interest rates on a permanent basis. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the information be received and filed. Carried Unanimously. No. 315 - Mrs. A. Gibson - Re: Sidewalks on Stanley Avenue. The communication explains the need for sidewalks in the area and encloses a petition from Kister Road, Ramsey Road and Green Oaks Mobile Homes. The Deputy City Clerk reviewed a report which had been on the City Council agenda on April 27th, 1981 with recommendations regarding cost and site of construction. The construction of the approximately 220 meters of sidewalk along Stanley Avenue between existing McLeod Road and new McLeod Road, along new McLeod Road and along Portage Road be included in Regional Road Contract and the $7,000 estimated cost be provided in the Operating Budget for 1982 with payment made to the Regional Municipality of Niagara in 1982. The Deputy Clerk also reviewed a letter forwarded to Mrs. Gibson on October 28th, from Mayor Thomson enclosing a copy of the report and advising that the cost for the sidewalks will be placed in the 1982 Budget for consideration by Council. Mayor Thomson advised that Mrs. Gibson was concerned about the sidewalks being put in for the convenience of tourists and consequently a .petition was forwarded to Council. He expressed the view that the petition should be included in local improvements for 1982. The Director of Municipal Works suggested that local improvements did not apply to the particular area in question, and expressed doubt that local industries would be willing to contribute to the cost in question. However, it was agreed that this itemWould be considered under local improvements for 1982. ORDERED on the motion of Alderman Dilts, seconded by Alderman C-mmings, that the petitioners' request for sidewalk construction on Stanley Avenue southerly from McLeod Road realignment to the camping establishment ip the area of Ramsay Road be referred to the 1982 Budget for consideration under local improvements. Carried Unanimously. No. 316 - Mrs. M. Veall, Chairman, Committee of Adjustment - Re: Request for Increase in Appllcation Fee and Member~'Honorarla. The communication submits information regarding the increased activities of the Committee and requests an increase in application fee to $100 from the present $5Ofor residential properties. ORDERED on the motion of Alderman Dilts, seconded by Alderman Kerrin, that the communication be referred to the Finance Committee for consideration. Carried Unanimously. No. 317 - Mr. D. Mackenzie - Re: Resignation from Appointments. The communication advises of the present employment of Mr. Mackenzie in Halifax, Nova Scotia, and regretfully tenders his resignation from Planfling ~C~mmlttc~ and. MuSeums. Board~ affectlye November 1, 1981. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera~ that Mr.D. Mackenzlets resignation from Committee and Board be accepted,wlth regret. Carried Unanimously. A discussion ensued regarding the replacement of Mr. David Mackenzie on the Planning Committee. Mayor Thomson reviewed a llst of thirteen applicants for committees and suggested discussion of this item could be deferred to the next regular meeting unless Council wished immediate consideration. Alderman Cummings pointed out that the aforementioned applicants had applied for consideration one year ago and since that time may have reconsidered. Alderman Fera referred to aldermen not wishing to act on the committee at that time. Me expressed the view that previous applicants should be contacted and if interested should be considered for the vacant position., -5- Alderman Merrett expressed the opinion that a list of committees should include participation by all members of Council. It was moved by Alderman Dilts, seconded by Alderman Merrett, that Alderman Schisler be aPPointed tO the vacant position. Alderman Scbisler declined the appointme~[. It was moved by Alderman Schisler, seconded by Alderman Puttlck, that Mrs. L. Savage be appointed to the committee, in view of the continuing interest she has shown. It was moved by Alderman Merrett, seconded by Alderman Fera, that the matter be tabled and staff report back to Council regarding the results of contacts to previous applicants and interested persons. The motion to table which took precedence Carried with the following vote: AYE: Aldermen Baker, Cheesman, Cummings, Dilts, Fera, Janvary, Kerrin, Merrett, Orr, and Somerville. NAYE: Aldermen Puttick and Schisler. No. 318 - Mr. B.I. Cooperman - Re: Assessment. The communication refers to the matter of taxes in downtown Niagara Falls and lower taxes at Niagara Square. It further makes reference to a provision in the Planning Act under Section 63 which permits the Municipality to apply for a Re-Evaluation of Assessment for specific classes of property. Mayor Thomson advised that he had discussed this matter with Mr. Cooperman who had previously been to the Assessment Review Court and desired consideration by Council. ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the communication from Mr. B.I. Cooperman be referred to the Finance Committee for consideration. Carried Unanimously. ~ REPORTS No. 757 - Recreation Commission - Re: Recreation Master Plan. ~xe report advises that the Five Year Recreation Master Plan has been delayed until April 1982as a result of the time required to acquire approval from the Ministry of Culture and Recreation to match the $10,000 grant from the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and filed. Carried Unanimously. No. 758 - Recreation Commission - Re: Agreement for Park Concessions. The report recommends that Council approve the two by-laws appearing on tonlghtts agenda to authorize the execution of two agreements for the Oakes Park and Ker Park Concessions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the recommendation be received and adopted. Carried Unanimously. See By-law No. 81-269 and By-law No. 81-270. No. 759 - Acting Administrator - Re: C~neral Industrial Lands at the Southeast Corner of Mortleon Street and Dorchester Road. The report recommends that this report be received for the purpose of information to Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 760 - Acting Administrator - Re: Assisted Housing Survey. The repo~t recommends that: 1) The attached report be received and referred to staff for incorporation in the Municipal Housing Statement now in its final stages of preparation by the Planning Department. 2) The results of this Assisted Housing Survey will be considered by Council as part of its review of the Municipal Mousing Statement soon to be presented to Council. 3) The Survey results also be used by staff iu dlscusslug future housing needs with Ministry staff (Community Development Wing) as referred to in the attached letter from the Honourable Claude Bennett, addressed to our Mayor. ORDERED on the motion of Alderman Fare, seconded by Alderman Baker, that the report be received and adopted· Carried Unanimously. 6 No. 761 - Acting Administrator - Re: Lot 11, Falls Industrial Park Extension. The report recommends that Council pass the by-law on tonight's agenda to authorize the sale of Lot 11, Registered Plan M-67, to Uni-Quatro Industries (Canada) Inc. at a purchase price of $16,011. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 81-271. No. 762 - Acting Administrator - Re: Auto Parts Technology Centre. The report recommends that the following sites be forwarded to the Regional Planning Director for submission to the Honourable Larry Grossman, Minister of Industry & Tourjam as possible locations for an Auto Parts Technology Centre: (a) south-east corner of Q.E.W. at Mountain Road Interchange, (b) north-west corner of Q.E.W. at Thorold Road Interchange. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 763 - Acting Administrator - Re: Stopping Up and Closing and Sale of Part of Kent Avenue to Fox Holdings Limited. The report recommends that: 1) Council hear any person who claims that his land will be prejudicially affected by the proposed by-law to stop up and close that part of Kent Avenue shown as Parts 1, 2, 3, 4, 5, 6 and 7 on Reference Plan 59R-3614. 2) Subject to there being no valid objections, the by-law be given 3 readings and passed by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted."Carried Unanimously. See By-law No. 81-275. No. 764 - Acting Administrator - Re: Direct Winters Transport Ltd. Connection to Watermaln on Montrose Road. The report recommends that Council pass the following by-laws on tonight's agenda: 1) A by-law to authorize an agreement with Direct Winters T~ansport Limited, 2) A by-law to authorize an application to the Ontario Municipal Board for an order extending the boundaries of Urban Service Area No. 2. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 81-272 and By-law No. 81-273.' No. 765 - Acting Administrator - Re: Parking Lot Plowing. ~he report recommends that the following contracts be awarded: 1) Jim Black Trucking - Stamford Arena, Jack Boll Arena and Lions Club Rink parking areas. 2) N. T. Sommerville - Willoughby Town Hall. 3) Sajer Contracting Limited - Niagara South Arena, Chlppawa Library Lot, Bridgewater Street parking areas. 4) Domlulon Paving Co. - City Hall parklug lots, Downtown parking areas, Center parking areas, South end parking areas, and Niagara Falls Arena lots. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 766 - Acting Administrator - Re: School Loading Zones. The report recommends that the school loading zones requested by the Welland County Roman Catholic Separate School Board on City streets be established.' It is further recommended that the Region be requested to establish zones in the two locations on Regional roadways. In reply to questions raised Mayor Thomson advised that as soon as the signs are erected the lights will not flash on the buses. There will be a notice in the paper and everyone will be notified. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, 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. No. 767 - Actln Administrator - Re: Traffic on Frederica Street. The repor[ recommends that the Niagara Raglone1 Pollce Force be requested to -7- continue close enforcement of the speed limit on Frederica Street. In reply to questions raised Mayor Thomson advised that the resident concerned will be notified of the actions of Council. The Traffic & Construction Engineer advised Council that the Police had patrolled Frederlca Street but had been unable to discover the general problem. The Police have charged some drivers. ORDERED on the motion of Alderman Fera, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 768 - Acting Administrator - Re: Convention Parking. The report recommends that the Niagara Falls Chamber of Commerce be authorized to carry out a program of issuing free parking passes for all on-street and off- street metered parking areas to convention visitors to our City. Alderman Merrett advised that this recommendation was generated at the Municipal Parking and Traffic Committee as a result of a successful experiment a few years ago and recent discussion. Council was further advised that the Chamber of Commerce has agreed to act as administrator in this matter since they are aware of the identity of conventions in the City. Alderman Merrett further stated that this goodwill gesture does not cost anything and will cause very little loss of revenue. In reply to questions raised he stated that the contact to tourist industries involved in charges for parking in lots has not been discussed by the Chamber and agreed to refer this concern to the Chamber of Commerce. There was concern expressed by Alderman Cummings who felt that other establishments should participate in this goodwill gesture. Alderman Baker raised the issue of parking tickets being received by taxpayers who are aware that convention delegates are receiving free parking and spending only a few dollars in the area. Alderman Puttick referred to hospitality packages across the River and suggested that other questions should be' considered, i.e., payment for parking in the private sector. It was further agreed that there should be further feedback from the private sector. The Traffic & Construction Engineer informed Council that the area referred to in the report is in the meter zones and municipal revenue should not be cut off. He advised that there will be a meeting of the Parking, Traffic and Advisory Committee on Tuesday, November 2~th, 1981 in the evening. It was moved by Alderman Merrett, seconded by Alderman Fera, that the report be received and adopted. It was moved by Alderman Puttick, seconded by Alderman Cummings, that the matter be tabled and staff report back to Council with information regarding contacts by the Chamber of Commerce to others in the tourist industry. The motion to table which took precedence Carried with the following vote: AYEs Aldermen Cummings, Dilts, Janvary, Kerrio, Orr, Puttick, Schisler and Somerville. NAYE: Aldermen Baker, Chessman, Fera, and Merrett. 'No. 769 - Acting Administrator - Re: Intersection Control. The report recommends that: 1) No changes be made in the existing control at the intersection of St. La~rcence Avenue and Simcoe Street. 2) The concerned citizen who has written to Councll concerning this intersection and the intersection of Ontario Avenue and Palmet Avenue be forwarded a copy of this report. The Traffic & Construction Engineer explained to Council the area in question as well as the present traffic control. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unaulmously. No. 770 - Finance Committee - Re: Long Term Disability Plan. The report recommends that the attached report submitted by Youngts Graves Life & -8- Employee Benefits Insurance Agency Inc. be received, and their recommendation that Sun Life Assurance Company be appointed as the carrier for the Long Term Disability Benefits, be approved. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 771 - Finance Committee - Re: Contribution to 1981 Pilgrimage of Notre Dame College School. The report recommends that Council contribute $300 to the 1981 Pilgrimage of Notre Dame College School. Alderman Orr expressed opposition to the recommendation in view of the fact the some contributions mast have been made by people in the City, and further, that the financial aid will be sent out of the country. Alderman Baker stated that the money would be coming out of the Disaster Relief Fund. ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried on the following vote with Alderman Fera abstaining on conflict of interest: AYE: NAYE: Aldermen Baker, Chessman, C,,mmings, Janvary, Kerrio, Merrett, Puttlck, Schisler and Somerville. Aldermen Dilts and Orr. No. 772 - Finance Committee - Re: Canadian Friends of Schlzophrenics. The report recommends that Council confirm the action taken by the Finance Committee that this report be received and filed. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 773 - Acting Administrator - Re: Municipal Accounts. The report recommends payment of the Municipal Accounts in the aggregate amount of $1,461,519.52 for the two week period ending November 16, 1981. The City Treasurer and Director of Municipal Works provided additional information on Cheques No. 6066, 6067, 6073, 6094, 6095, 6123, 6137, 6151, 6210, 6249, 6292. and 6305. ORDERED on the motion of Alderman Baker, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 774 - Acting Administrator - Re: Property Standards By-law 74-204, Mr. R. Copeland, 6316 Dotsen Drive. The report recommends that under clause (a) of sub-section 7.10.4 of By-law No. 74-204 that the Corporation retain a disposal service to forthwith complete the work which Mr. Copeland was directed to carry out under the Order given October 7, 1981, and that pursuant to sub-section 7.10.5 of said By-law No. 74-204 any~expense incurred by the Corporation, its servants or agents in carrying out the work aforesaid be recovered in a llke manner as municipal taxes. Mayor Thomson advised that the problem has existed for many months and has been upsetting to residents in the area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. There was a general discussion regarding the need to have a report on properties in the City which require attention, i.e., the top end of Queen Street and property on Montrose Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that staff forward a status report to Council on properties in the City which require attention. Carried Unanimously. No. 775 -'Acting Administrator - Re: Buildings & Inspections Report ~or October, 1981. This is the monthly report for October 1981 and is intended primarily to provide City Courtell with current news relatlve to perKit statistics, development proposals and any other noteworthy data that has emerged during the period covered by the report. Alderman Puttlck questioned a quarterly report received by Councll which suggested an anticipated upswlng and the Director of Buildlngs & Inspections advised that it had been approxlm- ately one year ago. He stated further that the information had been obtained from a reputable magazine which had reported an anticipated upswing in construction, However, the subsequent inflatlonary interest rdtes had been -9- unexpected. The Director of Buildings & Inspections advised that the bank interest rates had dropped today which should be helpful. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 776 - Acting Administrator - Re: Proposed Market By-law. The report recommends that Council approve the by-law appearing on tonight's agenda which provides for establishing, maintaining and operating markets and for regulating such markets located within the City of Niagara Falls. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 81-274. No. 777 - Acting Administrator - Re: Community Energy Management Demonstration PrOgram. The report recommends that Council approve the Resolution appearing on tonight's agenda providing for the City of Niagara Falls to commit itself to the Community Energy Management Demonstration Program and request funds from the Ontario Ministry of Energy. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 114. No. 778 - Acting Administrator - Re: Energy Co-Ordinator. The report recommends that Council approve the Resolution appearing on tonight's agenda which appoints the Director of Buildings and Inspections, Murray J. Johnston, as the Energy Co-ordinator for the City of Niagara Falls. In reply to questions raised the Director of Municipal Works advised that the Director of Buildings and Inspections had been chosen since he is in charge of building maintenance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 115. No. 779 - Acting Administrator - Re: 1981 Population - Niagara Falls. The report recommends that the contents of this report be noted and that it be received and filed. ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. RESOLUTIONS No. 114 - CHEESMAN - BAKER - RESOLVED that the Council of The Corporation of the City of Niagara Falls is committed to energy conservation and to the Community Energy Management Demonstration Program and that it hereby requests funds from the Ministry of Energy for the program to be implemented in the City of Niagara Falls and that it will participate in the deliberation and review of the program throughout the project's duration; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. ll5A- CU~fi4INGS - MERRETT - RESOLVED that the Council of The Corporation of the City of Niagara Falls hereby appoints Murray J. Johnston as Energy Co-Ordinator of The Corporation of the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time~ ~o. 81-268 - A By-law to amend By-law No. 3790, beiug a by-law for the regulation of traffic. (Buttrey Street) .... l0 - 10 - No. 81-269- A By-law to authorize a concession agreement with the Greater Niagara Baseball Association Ladies' Auxiliary for concession rights at Oakes Park. No. 81-270 - A By-law to authorize a concession agreement with the Niagara Bo s' Falls Minor y Softball Association Ladies Auxiliary for concession rights at Ker Park. No. 81-271 - A By-law to authorize the sale of land in the Falls Industrial Park Extension. No. 81-272 - A By-law to authorize an agreement with Direct Winters Transport Limited respecting water service. No. 81-273 - A By-law to authorize an application to the Ontario Municipal Board for an order altering Urban Service Area No. 2 by extending the boundaries thereof. No. 81-274 - A By-law for establishing, maintaining and operating the markets and for regulating such markets located within the City of Niagara Falls. No. 81-275 - A By-law to stop up and close and to authorize the sale and conveyance of part of Kent Avenue according to Registered Plan 160 for the former Township of Stamford together with certain other lands. No. 81-276 - A By-law to provide monies for general purposes. No. 81-277 - A By-law to amend By-law No. 81-234. No. 81-278 - A By-law to amend By-law No. 72-132. No. 81-279 - A By-law to amend By-law No. 3790 (Downtown Park/~g). Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the following by-laws be now r~ad a second and third time: No. 81-268 - A By-law' to amend By-law No. 3790, being a by-law for the regulation of traffic. (Buttrey Street) No. 81-269 - A By-law to authorize a concession agreement with the Greater Niagara Baseball Association Ladies' Auxiliary for concession rights at Oakes Park. No. 81-270 - A By-law to authorize a concession agreement with the Niagara Bo st Falls Minor y Softball Association Ladies Auxiliary for concession ri8hts at Ker Park. No. 81-271 - A By-law to authorize the sale of land in the Falls Industrial Park Extension. No. 81-272 - A By-law to authorize an agreement with Direct Winter Transport Limited respecting water service. No. 81-273 - A By-law to authorize an application to the Ontario Munlaipal Board for an order altering Urban Service Area No. 2 e~tending the boundaries thereof. No. 81-274 - A By-law for establishing, maintaining and operating the markets and for reaulatlng such markets located within the City of Niagara Falls. No. 81-275 - A By-law to stop up and close and to authorize the sale and conveyance of part of Kent Avenue according to Registered Plan 160 for the former Township of Stamford together with certain other lands, - 11 - No. 81-276 - A By-law to provide monies for general purposes. No. 81-277 - A By-law to amend By-law No. 81-234. No. 81-278 - A By-law to amend By-law No. 72-132. No. 81-279 - A By-law to amend By-law No. 3790 (Downtown Parking). Carried Unanimously. NEW BUSINESS ST/LNLEY AVENUE & VALLEYWAY INTERSECTION Alderman Cun~nings raised the question regarding the time that improvements will begin at the intersection of Stanley Avenue and Valleyway. The Director of Municipal Works advised that improvements have been delayed pending Committee of Adjustment approval of minor variance and appeal period. The Council was further advised that improvements should begin around January 1st, 1982, in this area. DOWNTOWN - FREE PARKING BY-LAW Alderman Merrett referred to the free parking by-law which had been approved previously for the downtown area and advised that City staff will be removing the meters in order that free parking might begin in one week to ten days time. LUNDY'S LANE & HIGHLAND AVENUE - CURBING Alderman Orr made reference to the curbing across from Dominion Store at the corner of Lundy's Lane and Highland Avenue. The Acting Administrator stated that the Regional Municipality of Niagara has been contacted regarding this matter and appears to be reluctant to take action on the problem. He further advised that the concern is for the pedestrians who might be in danger from cars if the curbing is removed, since there is no effective barrier between the traffic and the pedestrians. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that staff prepare a report for Council with information regarding the cost of removal of the curb, liability, and that all avenues of approach to the Region have been exhausted. Carried Unanimously. WEIGHTMAN BRIDGE, CHIPPAWA - SPLASH GUARDS Alderman Dilts raised the question of the splash guards on Weightman Bridge in Chippawa and wondered when action will take place on this item. The Director of Municipal Works advised that the estimated cost for the splash guards would be approximately $2,000 and approval of a subsidy is required. He further advised that when this matter is resolved a report will be forwarded to Council. OAKWOOD DRIVE - SEWERS In reply to questions raised by Alderman Dilts concerning sewer work to be done on Oakwood Drive, the Director of Municipal Works stated that an advertisement will be placed in the Niagara Falls Review later this week. MRS. DESJARDIN, 5016 GAGE COURT - LOT GRADING OF NEIGHBOUR Alderman Chessman referred to a letter dated November 12tb, 1981 from Mrs. Desjardlns of 5016 Gage Court who expresses her concern regarding the drainage system in the rear yard of her property. Alderman Dilts advised that this matter has been placed on the agenda for the Municipal Works Committee meeting November 17th, 1981. MR. PETER SOBOL, REGIONAL COUNCILLOR - S.C.A. HEARING Mr. Peter soboi made reference to the S.C.A. Chemical Hearing which is scheduled for November 1st, 1981 and questioned Council if a representative · . 12 - 12 - will be appointed to attend the Hearing. Mayor Thomson advised Mr. Sobol that this matter will be taken into consideration. MR. PETER SOBOL - PRIMESIGHT CO~ITTEE Mr. Sobol referred to the study being done on the social impact of the proposed Primesight development for downtown Niagara Fails. He advised that although this is not a regional matter, he is planning on attending the study and wondered if funds would be set aside for Regional Councillors on the Committee in view of the material which will be available for copies of the study. Mr. Sobol stated that he has been asked to forward $19.50 to the Treasurer of the Borough of York and expects to receive the material some time this week. The members of the committee are expected to pay the cost of the material. Alderman Cummings expressed the view that this information should be discussed by all members of the Committee, perhaps through the Committee itself. It was moved by Alderman Puttick, seconded by Alderman kerrerr, that the meeting adjourn. Carried Unanimously, READ AND ADOPTED, MAYOR WAYNE THOMSON FORTY-SIXTH MEETING Councll Chambers November 24, 1981 SPECIAL MEETING Council met on Tuesday, November 24, 1981 following a General Committee session. All members of Council were present with the exception of Alderman kerrerr. His Worship, Mayor Thomson presided as Chairman. RATIFICATION OF GENERAL COMMITTEE DECISIONS Communication No. 319 - Herman Demote Builders Limited - Re: Walkway on Latina Crescent. The communication requests the elimination of the walkway on Latina Crescent. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the walkway be eliminated, and further that staff prepare a report outlining any legal questions involved in the elimination of the walkway. The motion Carried with Aldermen Baker and Janvary voting contrary, and all others voting in favour. Communication No. 320 - Mrs. E. Golia - Re: Parking Downtown. The conmunication advises that the Edgecliffs Motel does not feel that it should have to contribute to the maintenance,.operation and enforcement costs for parking in the Downtown. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the communication be referred to staff for the preparation of a report. Carried Unanimously. Communication No. 321 - Minister of Municipal Affairs and Housing - Re: Municipal Conflict of Interest Act, 1981 and the Municipal Licensing Act, 1981. The communication requests comments on the subject bills prior, to their second reading. AND Communication No. 322 - Regional Municipality of Niagara - Re: Conflict of Interest. The communication outlines the comments of the Regional Solicitor on the Municipal Conflict of Interest Act, 1981. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the portion of Communication No. 321 dealing with the Municipal Conflict of Interest Act and Communication No. 322 be received and filed, and further that the portion of Communication No. 321 dealing with the Municipal Licensing Act 1981 be referred to staff for the preparation of a report. Carried Unanimously. Communication No. 323 - United Nations Association, Niagara Falls Branch - Re: Prayers for Peace Breakfast. The communication extends an invitation to the members of Council to participate in a Prayers for Peace breakfast at Lundy's Lane United Church on November 28, 1981 at 9:00 a.m. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the Association be thanked for the invitation, and that as many members of Council as possible attend the function. Carried Unanimously. Report No. 780 - Acting Administrator - Re: Site Plan Approval, Proposed Addition to Country Fresh Bakery, 5219 Drummond Road. The report recommends approval of the site plan subject to certain conditions. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. Report No. 781 - Acting Administrator - Re: Request for Release, 7134 Mount Forest Lane, Lot 123, Plan M-29. The report reconmends passage of a by-law to authorize a release of Lot 123, Plan M-29 from the provisions of a subdivision a~reement dated November 20th, 1974 and amended by an agreement dated August 29th, 1975, between the Corporation of the City of Niagara Falls and Taro Properties Incorporated. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-law 81-280 Report No. 782 - Acting Administrator - Re: Health and Safety Policy and Regulations. The report recommends that the revised Health and Safety Polic~ and Regulations be approved and adopted by Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. -2- No. 783 - Acting Administrator - Re: 1981 Capital Budget Projects. The report recommends passage of a by-law to authorize the construction of a storm sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City (Drunnond Road). ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilt8, that the report be received and adopted. Carried Unanimously. See By-law 81-281 No. 784 - Acting Administrator - Re: Ontario Downtown Revitalizerico Program, City of Niagara Falls' Participation. The report recommends passage of a resolution informing the Minister of Municipal Affairs and Housing of the City's intention to make application for funding under the Ontario Downtown Redevelopmoot Program. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, ~hat the report be received and adopted. Carried Unanimously. See Resolution 117 No. 785 - Municipal Works Canmittee - Re: Trench Compactor. The report recommends that the quotation in the amount of $6,452.00 from Ridgeway Farm Equipment Company Limited for the supply of one HED Model SS6000 Compactor complete with installed hose and valve package, be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 786 - Municipal Works Committee - Re: Calaguiro Subdivision - Street Lighting. The report recommends that the proposed decorative type of street lighting be installed in the Calagniro Subdivision, and that the fixtures be re-ordered. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 787 - Municipal Works Committee - Re: Sidewalk Replacement on McLeod Road (North Side) between Drummond Road and Doncan Avenue (Unopened Road Allowance). The report recommends that consideration be given in the 198'2'budget for the allocation of approximately $5,000 to cover the City's costs of replacing the entire section of sidewalk on the north side of McLeod Road from Drummond Road to an unopened road allowance at Doncan Avenue in conjunction with the proposed Regional road reconstruction project in early 1982. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. The motion Carried with Alderman Kerrio abstaining on a conflict of interest~ and all others voting in fayour. No. 788 - Acting Administrator - Re: Watermain on Kalar Road. The report recommends that Council authorize a 1982 Capital Budget expenditure for the installation of a 12" diameter watermain on Kalar Road from Beaverdams Road to Lundy ' s Lane. AND' No. 789 - ActinS Administrator - Re: Hodgson Steel. The report advises that the installation of 12" diameter watermain on Kalar Road will provide an adequate water supply for the proposed expansion of the HodSson Steel industrial building on Kalar Road. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that Report No. ?88 be received and adopted, and Report No. 789 be received and filed. Carried Unanimously. No. 790 - Finance Committee - Re: statistics on the status of taxes as of October 31, 1980. ORDERED on the motion of Alderman the report be received and filed. Status of Taxes. The report provides as of October 31, 1981 with comparisons Chessman, seconded by Alderman Dilts, that Carried Unanimously. No. 791 - Finance Committee - Re: that the Treasurer be directed to off the tax roll. Uncollectible Taxes. The report recommends strike the list of uncollectible tax accounts Mayor Thomson commented that an article appearins in the local press had been Somewhat misleading to the public, since it gave the impression that the City was simply writins off the unpaid business taxes owed by sixty-one individuals, The Mayor explained that according to Provincial legislation, the City must write off these accounts, and that in numerous casess there were no actual outstanding monies since the individuals had ceased to operate their businesses part way throuSh the year. The City Treasurer further explained that the assessment rolls are prepared the previous year, and that, in certain instances, strikin8 -3 - these accounts off the roll will simply Correct inconsistencies in assessments on the roll. In the cases of bankruptcy, the accounts are considered uncollectible, and there are no assets to which the City can attach a claim. Alderman Puttick referred to a number of accounts where the individual involved was actually operating another business at a new location in the City. The Alderman felt that current legislation should be changed so that municipalities would have the power to pursue business tax arrears in the same manner as property taxes. The Acting Administrator explained that in many cases, the business operator is not actually the owner of the property, and it would not be possible to have the land owner responsible for the outstanding business taxes, unless the business tax were collected through a built-in factor in rental payments. Alderman Orr referred to the fact that the City must allocate funds in its operating budget to cover such losses, and stated that she felt it was not fair to continue taxing the general public for accounts the City cannot collect. The Alderman suggested that the City may have to consider reducing grants to various organizations for social services in order to offset this cost being charged to taxpayers. The City Treasurer advised that the City must also budget for assessment adjust~nents made during the year. The City Treasurer advised of a correction with respect to Roll No. 3-08-016-205, and advised that the account should show the name of Bill McMartin. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Cummings, that the report be received and adopted, and further that a resolution be prepared requesting the Province to change legislation dealing with the collection of outstanding business taxes. Carried Unanimously. No. 792 - Finance Committee - Re: Workmen's Compensation Coverage. The report recommends that the submission prepared by William M. Mercer Ltd. concerning changes in the City's Workmen's Compensation coverage, be approved. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. NO. 793 - Finance Canmittee - Re: Equipment Purchases and Changes in Personnel. The report recommends that the Administrator's office examine all contemplated purchases of major equipment and refer to the appropriate Council Committee, i.e. Municipal Works or Finance, those purchases where, in his opinion, labour saving techniques may be achieved; and further that the Administrator discuss with the appropriate committees the creation of new positions or replacements of existing personnel. ORDERED on the motion of Alderman Chessman, seconded by Alderman Diltss that the report be received and adopted. Carried Unanimously. 'No. 794 - Acting Administrator - Re: Niagara Hearing on the Proposed Plan for the Niagara Escarpment and Regional Report DPD 1490, November 4, 1981. The report recommends that Regional Report DPD 1490 be referred to the Planning and Development Committee at its meeting on December 2, 1981 and that recommendations from that meeting be forwarded to Council at its meeting of December 7, 1981. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dlltss that ~he report be received and adopted. Carried Unanimously. RESOLUTIONS No. llSB- CHEESMAN - DILTS - RESOLVED that the petition for interim payment under the Public Transportation and Highway Improvement Act on expenditures made in the year 1981, dated November 20th, 1981, be adopted as presented in the estimated amount of $3~313.904.00; AND the Seal of the Carporation be hereto affixed. Carried Unanimously No. 116 - CHEESMAN - DILT8 - RESOLVED that the City of Niagara Falls wishes to inform the Honourable Claude Bennett, Minister of Municipal Affairs and Hous in~ of its intention to make application for funding under the Ontario Downtown Redevelopment Program; AND the Seal of the Corporation be hereto affixed, Carried Unanimousl_~ BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that leave be granted to introduce the following by-lawss and the by-laws be read a f~st time: No. 81-280 - A By-law to authorize a release. (Lot 123, Plan M-29) No. 81-281 - A By-law to authorize the construction of a storm sewermain as an improvement and extension to the sewage system in the urban service areas of the City. (Drummond Road) Carried Unanimously ORDERED on the motion of Alderman Chessman, seconded by Alderman Dil ts, tJnat the following by-laws be now read a second and third time: No. 81-280 - A By-law to authorize a release. (Lot 123, Plan M-29) No. 81-281 - A Byelaw to authorize the construction of a storm sewermain as an improvement and extension to the sewage system in the urban service areas of the City. (Drummond Road) Carried Unanimously NEW BUSINESS DISPOSAL OF RADIO-ACTIVE MATERIAL AT WALKER BROTHERS QUARRIES Mayor Thomson referred to a recent news item dealing with the disposal of radio-active material at the Walker Brothers Quarries, and indicated that information from the firm had been distributed to the members of Council explaining the type of material and its method of disposal. PORTAGE ROAD BRIDGE OVER HEPC CANAL Mayor Thomson advised that the Portage Road Bridge was discussed by the Regional Public Works & utilities Counnittee at its meeting on November 19, 1981, and a resolution was passed by the Committee authorizing an update of the cost estimates for replacement of the new bridge as well as demolition of the existing structure, and further instructing Regional staff to obtain certain in.formation with respect to traffic volumess patternss and subsidies. SELECTION OF CHRISTINE MCIVOR FOR THE 1981 BOOTHMAN BURSARY~ Alderman Cummings advised that Christins Mclvor, a former member of the Recreation Commission, was recently selected as the recipient for the 1981 Boothman Burgary. The Alderman indicated that this award is held in high esteem by professionals in the recreation field, and he felt a letter of congratulation should be sent to Ms. McIvor. It was moved by Alderman Cunmings, seconded by Alderman Kerrio, that a letter of cor~: be sent to Christins McIvor in recognition of her receiving the 1981 Boothman Burgary, Carried Unanimously, MEMORIAL STREET SCHOOL PROPERTY Alderman Cummings referred to a recent article in the press which indicated that the City was holding up the Canadian Legion's plans tQ develop the former Memorial Street school property, due to "City Hall red tape". The Alderman expressed his concern over this criticism of the Gitys particularly when the Legion had not been in a position to enter into an agreement with the City to proceed with the development. Nayor Thomson suggested that the matter should be referred to staff to prepare a report outlining the current status of the project. Alderman Puttick advised that aware that only certain uses would had been the reason for the Legiont :that ~his information be contained the Legion had Just recently become be permitted for the property, and this s concern, The Alderman suggested in any report prepared by staff. Following further coax~ent, it was moved by Alderman Cummings, seconded by Alderman Chessman, that the matter be referred to staff for the preparation of a report. Carried Unanimously. CO~ENTS OF NIAGARA-ON-THE-LAKE RE: NIAGARA FALLS Alderman Ctnnmings advised that in a recent article, a member of the Niagara-on-the-Lake Council was quoted as saying that if the Double Deck tour service were allowed to operate in Niagara-on-the-Lake, the Town would become "another Niagara Falls". The Alderman suggested that if it were not for the fact Niagara-on-the-Lake was located next to Niagara Falls, that Town would not receive the tourists in that municipality which it presently does. It was moved by Alderman Dilts, seconded by Alderman Fera, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED~ MAYOR WAYNE THOMSON FORTY-SEVENTHMEETING Council Chambers November 24, 1981 Council met on Tuesday, November 24, 1981, for a special meeting to review the Parking, Traffic and Tourism Study. All members of Council were present with the exception of Alderman Merrett. His Worship, Mayor Thomson presided as Chairman. PARKING, TRAFFIC AND TOURISM STUDY His Worship, Mayor Thomson provided a brief history of the events leading to the decision to undertake a parking, traffic and tourism study in the City. The Mayor introduced the members of the Parking, Traffic and Tourism Study Advisory Committee, which included representation from Council, the Pa~king & Traffic Committee, Planning & Development Committee Regional Niagara, the Niagara Parks Commission, the Niagara Tourist and Convention Bureau, the Chamber of C~nmerce and several of the major tourist attractions in the City. Mayor Thomson commented that the Federal Government had just announced that $4 billion had been designated to promote tourism in Canada, and since Niagara Falls was probably the major tourist attraction in the Country, it was likely that the City would share in the Federal monies to be provided. Comments have been requested from various agencies on the final draft report, and it was intended that once the comments had been received, a decision could be made by Council prior to the end of the year. The Traffic & Construction Engineer stated that research has indicated tha~. Niagara Fal is has the potential as early as a decade away, to be grossing an additional $400 million annually from tourism. It was anticipated that enployment in the industry would double within that same decade. These objectives would be accomplished in two ways - to attract more people to the City, and to increase their stay in the City. In order to achieve these goals, the study outlined six major thrusts: 1) A well designed, attractive and integrated pedestrian circulation system that will encourage tourists to park their cars and circulate throughout the tourist area as pedestrians; 2) A people mover system to circulate pedestrians around all of the tourist facilities and attractions; 3) The Provision of adsousts narkln~ thrnu~h 'the use of a series of parking structures throughout the area; 4) An access system that would involve a minimum amount of roadwork, mainly intersection improvements; 5) An information system that will provide such services as room reservations, restaurant facilities, information on various attractions, etc.; and 6) Theming of the major areas of the City. These areas are suggested as Marineland, the Niagara Parks Ccmmission lands, the Clifton Hill area using a main street theme, Pyremid Place/Skylon Centre as a family recreational centre, and the Falls View area. Mr. A. Minchev of Lanmer-FENCO explained how the system would work as a tourist would enter the City, and circulate through the network of entertainment, attractions, restaurant and accommodation facilities as suggested in the study. Dr. E. Suithies of Lanmer-FENCO provided statistical data on the economic feasibility study undertaken on the existing tourist industry in the City. In view of the enormous number of visitors to Niagara Falls, Dr. Suithies indicated that the potential existed to reach the goals referred to by the Traffic & Construction Engineer. In order to attract more visitors to the City and increase their stay, it was importantto provide a good information system that would direct visitors to parking facilities adjacent to the attraction they are most interested in. These visitors have to be convinced that they will not have seen the whole City unless they have been to each of the five themed areas. Through the use of the pedestrian walkway system and the people mover system, the themed areas are easily accessible to the visitor. Mr. A. Scott, representing Marineland, stated that Mr. J. Holer, in planning the Marineland theme park development, had recognized the need to develop Niagara Falls as a world-wide tourist attraction. It was Mr. Holerts view that without a cohesive and comprehensive approach to the development of the City~s potential, this goal could not be achieved. Mr. Scott stressed the importance of the people mover system in the deveIopment of the tourist industry, pointin8 out that it was necessary -2 - that the system be viewed by visitors as more than a means of conveyance, If the system can be enjoyed as an experience, or an attraction, then there will be a willingness and desire to use the system. As an example, Mr. Scott referred to the cable-car system in San Francisco, and how visitors to that City prefer the cable-car to other transportation systems. Mr. Scott commented further on the proposed system itself, the necessity of having it separate from automobile traffic, and flexibility of operation to facilitate the fluctuating numbers of visitors to the City. On behalf of Mr. Holer, Mr. Scott offered Marinelandis assistance and co-operation in making the proposals in the study a reality. The Traffic & Construction Engineer outlined the monies that would be available at both the Provincial and Federal Government levels to assist the City in carrying out the proposal. In view of the importance being placed by these governments on tourism, it was felt that the development of the tourist industry in Niagara Falls could be considered as a major contribution to tourism in the Province and the Country. Foliowing the presentation, additional information was provided in response to questions raised by members of Gouncil and a number of individuals in attendance in the audience. At the conclusion of this brief question period, Mayor Thomson indicated that the consultants would be available in Committee Rooms #2 and 3 to answer further questions regarding the proposal. It was moved by Alderman Baker, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON FORTY-EIGHTH MEETING Council Chambers November 30, 1981 REGULAR MEETING Council met on Monday, November 30, 1981 at 7:30 p.m. for the purpose of considering general business. All members of Council were present, with the exception of Aldermen Merrett, Kerrio and Somerville. His Worship, Mayor Thomson presided as Chairman. Alderman Cheesman offered the Opening Prayer. WELCOME His Worship, Mayor Thomson extended a welcome to the members of the 22nd Niagara Scout Group, and their leaders Mr. T. Geer and Mr. J. Carterail, who were in attendance at the meeting. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the minutes of the meetings held on November 16th and 24th, 1981, be adopted as printed. Carried Unanimously. DEPUTATION MRS. J. MCPHERSON - TAX ARREARS COLLECTION POLICY Mrs. J. McPherson was granted permission to address Council on the motion of Alderman Cheesman, seconded by Alderman Cummings. Mrs. McPherson, on behalf of her mother, stated that she was deeply concerned with the way the Ctty's tax arrears collection policy was affecting home owners. In July, Mrs. McPherson's n~ther had paid an amount of $500 on her taxes. Of this amount, $130 was for penalties and the balance applied to the 1979 taxes, leaving the account $68.20 in arrears. In November a further $400 was sent Mowever this was returned by the City with a letter stating that the City would only accept payment of the entire account. Mrs. McPherson advised that for an amount of $68.20, her mother's property was going to be registered. In a telephone conversation with the Accounts Supervisor, it was suggested to Mrs. McPherson that her mother was living beyond her means if she could not pay her taxes. Mrs. McPherson felt that this remark was unfair and that City officials should not be permitted to deal with the public in this manner. W~ile she agreed that a strict tax collection policy was necessary for persons owing large nmounts in unpaid taxes, Mrs. McPherson felt that some provision should be made in certain circumstances. It was also suggested that tax bills are very difficultto read and if they were simplified, taxpayers would be able to understand them better. Mayor 'Thomson thanked Mrs. McPherson for coming to Council and expressing her views on the tax collection policy. The Mayor stated that many people are in a similar situation and are being affected by the policy. Mayor Thomson felt that circurastances have changed since the policy was established, which gave the Finance C(Famittee and Council good reason to review the policy. The Mayor suggested that the entire matter should be referred to the Finance Committee for further discussion. In response to a question raised by Alderman Puttick, the City Treasurer confirmed that the comment had been made, and that an apology would be sent to Mrs. McPhersonss mother. With respect to the policy, the City Treasurer explained that the policy was established in August based on an interpretation of the Municipal Act giving the Treasurer the discretion to not accept part payments. The policy was invoked without exception, and was upheld by Council and the Finance Committee even when challenged. The City Treasurer stated that a firm policy was necessary in view of problems the City has experienced in collecting some serious problem accounts. Alderman Fera felt that the City's approach to unpaid taxes was unreasonable. in view of current high interest rates, however he felt staff should not be blamed for enforcing the policy established and supported by Council. Alderman Schieler stated that the comment was unnecessary and suggested that the City was inconsistent in following policy, particularly when the $500 palmlent was accepted in July and the $400 payment in November was refused. The City Treasurer explained that the City's policy was adopted in August and was not in effect at the time of the July payment. · .... 2 -2 - Alderman Janvary also thanked Mrs. McPherson for coming to Council and expressing her concern. The Alderman felt that sometimes decisions are made by Council and it is nbt always known how they affect the citizens of Niagara Falls unless the public makes its feelings known to Council. Following further discussion, it was moved by Alderman Cheesman, seconded by Alderman Cummings, that the matter be referred to the Finance Committee for further discussion. Carried Unanimously. UNFINISHED BUSINESS EMERGENCY ACCESSES AND PEDESTRIAN WALKWAYS Report No. 795 - Acting Administrator - The report recom~nends the listing of emergency accesses and pedestrian walkways for the City be received for information and referred to the Planning & Development Committee for a detailed review and that: (1) The Committee establish procedures for public participation and policies in considering the closing of emergency acceas/walkway routes; (2) those letters currently on file requesting consideration for closing of walkway/emergency routes be dealt with as soon as possible; (3) various departments be requested to provide information regarding those individual requests for closings; and (4) the recommendations of the Committee be forwarded to Council for consideration. Mayor Thomson stated that this matter was a great concern to many citizens who are either for or against the use of walkways. He felt that by referring this item to the Conunittee, the people would be able to express their concerns and a detailed study could be conducted on an individual basis of the various walkways. In response to a question raised by Mayor Thomson, the Planning Director stated that he did not feel walkways could be completely avoided in the future. The elimination of walkways would affect future subdivision designs however if a walkway in a subdivision were required in the fut~Are, it would only be permitted after consideration by the Planning & Development Ccmmittee and Council. Mrs. B. Allan commented that there will be more people in favour of walkways than against, because walkways are really not an inconvenience unless you live directly adjacent to one. In response to a request, by residents in attendance, Mayor Thomson indicated that individual notification would be sent to persoy8 who have expresed an interest in a particular walkway to Council. The Planning Director further indicated that notices would also be placed in the press advising of the dates when specific walkways would be considered by the Committee · ORDERED On the motion of Alderman Dilts, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. RIVER ROAD NEIGHBOURHOOD STUDY Report No. 796 -.Acting Administrator - The report recommends passage of a by-law authorizing an agreement with Walker, Wright, Young Associates Limited respectin~ a neighbourhood study in the River Road area. ORDERED on the motion of Alderman Baker, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law 81-285 OFFICIAL PLAN AMENDMENT #132 COMMERCIAL DEVELOPMENT POLICIES Report No. 797 . Acting Administrator - The report recommends that subject to public comment~ By-law 81-251 which implements proposed Official Plan Amendment No. 132 be given third and final reading. ORDERED on the motion of Alderman Cummir~s, seconded by Alderman Chessman, that th~ retort be received and adopted. Carried Unanimously. See By-law 81-251 COMMUNICATIONS No. 324 - l~ional Munici ality of Niagara - Re-' Capital Financing. The communication provides i~ormation on capital market perspectives and urges municipalities to adopt a strict policy of living within available mane. ORDERED on the motion of Alderman Cimuin~s, seconded by Alderman Chessman, that the communication be receivedandJiled. Carried Unanimously. · .... 3 -3 - No. 325 - Regional Municipality of Niagara - Re: Sewer and Water Flows for October, 1981. The communication provides information on the water and sewer flows by Municipality for October, 1981. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that r_he communication be received and filed. Carried Unanimously. No. 326 - Mr. N. Monson - Re: Beautification of the Rainbow Bridge. The communication requests that Council consider the placing of flower boxes on both sides of the railing On the Rainbow Bridge, along with an automatic watering system. Mayor '~homson stated that perhaps the Parks & Cemeteries Department could investigate the use of automatic watering systems for floral displays on City properties. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be referred to the Niagara Falls Bridge Commission. Carried Unanimously. No. 32-7 - Career House - Re: Funding under Ontario Youth Secretariat's Youth Employment Counselling Program. The communication requests that Council indicate its support of the Career House proposal for funding. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that Council endorse the Career House proposal. Carried Unanimously. No. 328 - Mr. B. Dzurban - Re: Walkways. The communication requests that certain walkways be closed in the Paddock Trail Drive area. AND No. 329 - Kenmore Construction - Re: Walkways. The communication requests that the walkway in Plan M-76 be deleted from the plan. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the communications be referred to the Planning & Development Committee. Carried Unanimously. No. 330 - Canadian Red Cross Society - Re: Emergency Services. The communication offers the assistance of the Canadian Red Cross Society, Greater Niagara Branch in the event of an emergency. Mayor Thomson stated that there is a disaster committee and a booklet prepared on peacetime disasters. The Mayor stated that the booklet has recently been updated and suggested that the communication be referred to the committee. Alderman Cummings felt that when the booklet was updated in the future, the Society's offer of assistance should be included in the document. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that the communication be referred to the Emergency Operations Control Group. Carried Unanimously. No. 331 - Niagara 1~raining & Employment Agency Inc. - Re: Decorative and 'Gift Plants. The communication recommends that staff consider the purchase · of decorative gift plans from N-TEC Greenhouses in the future. Alderman Baker suggested that a copy of the communication be posted on the staff bulletin board for the information of employees. Alderman Orr indicated that the Niagara Parks Commission also has plants for sale to the public. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the staff consider the request when making purchases of plants in the future. Carried Unanimously. No. 332 - SkyIon Centre - Re: Pasadena Tournament of Roses Parade. The communication recommends that a Niagara Falls Ontario and New York float presentation be part of the Pasadena Tournament of Roses Parade. Aideman Cummings advised that the Province would be entering a float in the parade, and the theme of the float would be Niagara Falls. ORDERED On the motion of Alderman Cummings, seconded by Alderman Dilts, that the communication be received and filed, and further that the Province be thanked for using the Niagara Fal Is theme for its float. Carried UnanimOusly. No. 333 - Local Council of W~men - Re: Christmas Baskets. The communication requests that Council and City Hall staff donate money for the ElYlag of Christmas baskets to the needy. -4- Alderman Cummings stated that a letter had been sent to the Chairman of the Christmas Basket C~nmittee explaining that the City wanted groups to hold the line on grants given in previous years, and he felt that the Committee had misunderstood the intent of the letter and withdrew its funding request as a result. The AIderman felt the matter should be clarified with the group, since it was not the City's intent to withdraw its support of the Christmas basket progr~nme. Mayor Thomson and Alderman Janvary praised the efforts of this volunteer service, and commented that the group was deserving of the City's support. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Dilts, that the 1982 grant to the Christmas Basket C~mmittee of the Local Council of Women, be approved. Carried Unanimously. REPORTS INo..798 - Acting Administrator - Re: AM-4/81, Greek Cultural Centre, Stanley and Portage. The report recommends approval of the subject application. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-laws 81-282, 81-283 and 81-284 No. 799 - Acting Administrator - Re: AM-15/80, Restricted Area By-law 81-19, Proposed Three-storey Addition to Michael's Ion. The report advises that an Order In Council has been made confirming the decision of the Ontario Municipal Board approving By-law No. 81-19. Alderman Baker felt that Council should not entertain any further proposals for expansion in the area until the River Road study has been completed · Mayor Thomson pointed out that the City could not refuse to accept applications for development proposals in the area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. -.- No. 800 - Acting Administrator - Re: Renewal of Lease - Court House. The report reconunends passage of a by-law to authorize execution of the subject ORDERED on the motion of Alderm~n Cummings, seconded by Alderman Dilts, that ~he report be received and adopted. Carried Unanimously. See By-law 81-286 No. 801 - Acting Administrator - Re: Ontario Housing Corporat$on and Canada Mortgage and Hous lng Corporation ~mending Agreement re: Stamford F.P. 1/52 Rental Housing Project. The report recommends passage of the by-law authorizing the execution of an amending agreement between the Gity, O.H.C. and G.M.H.C. in respect to the Stamford F.P. 1/52 rental housing project. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that ~he report be received and adopted. Carried Unanimously. See By-lqw 81-287 No. 802 - Acting Administrator - Re: Request for Release, 6205 Eldorado Avenue, Lot 115, Plan N.S. 22. The report recommends passage of a by-law authorizing a release of Lot 115, Plan N.S. 22 from the provisions of a subdivision agreement between the City and Klydel Holdings Incorporated 'dated November 1, 1972 and registered on November 16, 1972 as Instrument No. 176349. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sch~sier, that The report be received and adopted. Carried Unanimously. See By-law 81-288 No. 803 . Acting Administrator - Re: Request for Release, 7350 Green Boughs Road, Lot 199, Plan M-29. The report recommends passage of a by-law authorizing a release of Lot 199, Plan M-29 from the provisions of a subdivision agreement dated November 20, 1974 and amended by an agreement dated August 29s 1975, between the City and Taro Properties Inc. ORDERED-on the motion of Alderman Chessman, seconded by Alderman Schi slat, that :=the report be received and adopted. .Carried Unanimously. See By-law 81-289 No. 804 - Acting Administrator - Re: Bruce Avenue Apartments. The report recommends: l) That Council consider the request of Barr Associates with -respect to the payment of uertain d,eposite for earvices; and 2) in the event -5- Council approves the said request, that such approval be subject to an agreement being entered into between the owners of the subject proper ty and the City amending an agreement between Brian Sinclair and Donald Sinclair and the City dated April 30, 1981. Mayor Thomson explained that in order to qualify for government grants, the developer has to have commenced construction of the foundations prior to t~e end of the year. The Mayor explained that because of the present shortage of apartments in the City, there was some urgency for the developer to obtain the approval of Council at this meeting in order to commence construction on the foundation prior to the end of the year. Mr. G. Barr, representing Lifestyle Homes, indicated that the normal procedure followed by a developer in arranging financing and making applica- tion for grants, could not be followed in this case because of the decision by the Federal Government to cancel the Multiple Unit Residential Building program at the end of the year. In order to qualify for grants, construction on the foundation must be started prior to the end of the year, and temporary relief was being requested from the conditions of the previous agreement requiring the payment of certain funds for services prior to the issuance of building permits. The only permit to be applied for would be that necessary to permit the construction of the building foundation, and the necessary funds would have to be paid before any further Dermir.s would In response to a question raised by Alderman Puttick, the Deputy Solicitor indicated that any further construction after the foundation would not be permitted unless the City receives payment in full of the amounts outlined in the agreement. If Council approves the request, an amendment to the agreement would be prepared, and ins tructions would be given to the Director of Buildings & Inspections specifying that only permission for construction of the footings can be granted, and no further permits can be issued. Alderman Cummings expressed concern over possible danger if the foundation were completed and further construction did not take place for some time. Mr. Barr indicated that the developer would ensure that no hazard existed to children in the area as a result of the construction. Mayor Thomson further indicated that if construction did not proceed after construction of the footings, whatever work had been done in the ground would have to'he covered over. The Director of Municipal Works provided additional information regarding the amounts covered in the agreement for payment of services. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that ~he report be received and adopted. Carried Unanimously. No. 805 - Municipal Works Cenmittee - Re: Sidewalk Plowing. The report recommends: 1) That the Gity continue to provide a sidewalk plowing service; 2) That priority be given to the plowing of sidewalks in business areas Including certain side streets adjacent thereto, along with main or arterial streets, school routes, in front of public buildings and churches, and along bus routes; 3) That upon completion of plowing streets and priority sidewalks, the remainder of sidewalks throughout the City be plowed as often as possible between snowstorms, during normal working hours. AIderman Dilts indicated that he was in favour of having all sidewalks in the City plowed, however he was opposed if the additional cost of $55,000 for providing this service was included in the operating budget. The Alderman felt that since existing forces would be used to do the plowing during regular working hours, there should be no increase in the overall budget, rather a reduction in another area. The Director of Municipal Works indicated that this was the intent of the Committee in making the reconmendation, and that the decision of Council to adopt the report would result in ehiftin~ of one priority to another area. In response to a question raised by Alderman Schisler, the Director of Municipal Works indicated that the $3.49 cost per household for sidewalk plowing, represented only those households within the urban service area of the City. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 806 - Acting Administrator - Re: Ten Mile Creek Culvert at To~n Line Road. The report recommends that Council approve the by-law authorizing an agreement between the City, the City of Thorold and Walker Brothers Quarries Limited for the replacement o~ the Ten Mile Creek culvert at Town Line Road and -6- also authorizing an agreement with the consulting engineering firm of Delcan DeLeuw Cather Canada Limited to provide the necessary engineering services in conjunotion with this project. ORDERED on the motion of Alderman Dilta, seconded by Alderman Cunnnings, tht the report be received and adopted. Carried Unanimously. See By-law 81-290 No. 807 - Acting Administrator - Re: Engineering Services Agreement for Bridge Appraisals. The report recommends passage of a by-law authorizing the execution of an agreement with Acres Consulting Services Limited for the provision of engineering services for certain bridge appraisals in the City of Niagara Palls. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fern, that the report be received and adopted. The motion Carried with Aldermen Baker and Cummings abstaining on a conflict of interest, and all others voting in fvour. See By-law 81-291 No. 808 - Acting Administrator - Re: Highland Avenue Curb. The report recommends that City forces be authorized to remove the existing protruding curb at the northeast corner of Highland Avenue and Dorchester Road. ORDERED on the motion of AIderman Orr, seconded by AIderman Janvary, that the report be received and adopted. Carried Unanimously. No. 809 - Acting Administrator - Re: M.T.C. Property - Palmet Avenue. The report recommends passage of a by-law ~uthorizing an agreement with the H.T.C. for use of lands for parking by area residents. ORDERED on the motion of Alderman CummingS, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law 81-292 No. 810 _ Finance Committee - Re: 1982 Estimated Hill Rate Increase for City Purposes. The report provides an early guide respecting the t~xlevy for 1982, with an estimated 7 mill increase representing approximately an 8% increase for the City portion of the mill rate. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. No. 811 _ Acting Administrator - Re: Municipal Accounts. The report recommends payment of the municipal accounts. Additional information was provided on Cheques #6337, 639~, 6400, 6412, 6414, 6432, 6512, 6514, 6519, 6525, 6552, 6563, 6579, 6604 and 6640 in response to questions raised by Aldermen Baker, Cummings, Puttick and Schisler. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that a report be prepared regardin~ the use of batteries. Carried Unanimously. ORDERED on the motion of Alderman Fera, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Uunnings and 0rr abstaining on a conflict of interest on Cheques #6561 and 6524 respectively, Alderman 0rr voting contrary on Cheque ~6509, and all others voting in fayour. No. 812 . Acting Administrator Z' Re: Property Standards. The report provides information on the status of the enforcement of the provisions of the property standards by-law on certain properties in the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. No. 813 - Acting Administrator - Re: Niagara Falls Arena - Security System. The report provides information on the security system in effect at the Arena which prevents unauthorized entry into the building, Fayor Thomson stated that he would be interested in seeing a cost comparison with respect to the use of an automatic security system that would prevent unauthorized entry into the Arena and the cost of providing guards at the entrances over a five to ten year period. Alderman Cummings indicated that he had inquired as to why an automated system was not being used and it had been explained that the doors have to be kept open On the inside in case of fire, and guards would still have to be in attendance to handle situations where unauthorized persons were let into the building 'by persons already i~side. ORDERED on the motion of Alderman S~hisler, seconded by Alderman Orr, that the report be received and filed. CarFted Unanimously. .....7 - 7- No. 814 - Acting Administrator _ Re: Vacancy on Planning & Development Committee. The report recommends passage of a by-law appointing Alderman Schisler to the Planning & Development C~nmittee. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the reprot be received and adopted. Carried Unanimously. See By-law 81-293 No. 815 - Acting Administrator - Re: Vacancy - Niagara Falls Board of Museums. The report recommends passage of a by-law appointing Mr. j. Burtniak to the Niagara Falls Board of Museums. ORDERED on the motion of Alderman Orr, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See By-law 81-294 No. 816 - L.A.C.A. Committee - Re: Microfilming Francis Petrie's Collection. The report recommends that Council endorse a request of the Niagara Falls Local Architectural Advisory Committee for Provincial and/or Federal financial assistance in order to complete the microfilming of the Francis Pettie collection of historical documents. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that; the report be received and adopted. Carried Unanimously. No. 817 - Acting Administrator - Re: Amendments to Cemetery By-law. The report recommends passage of a by-law to provide for certain amendments to the Cemetery By-law. ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law 81-295 BY-LAWS ORDERED on the motion of Aiderman Cummings, seconded by Aiderman Baker, that the following by-law be now read a third and final time: No. 81-251 - A By-law ~oprovide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Commercial Development Policies) Carried Unanimously ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-282 - A By-law tb provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Greek Cultural Centre) No. 81-283 - A By-law to amend By-law No. 79-200, as amended. (Greek Cultural Centre) 'No. 81-284 - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. (Greek Cultural Centre) No. 81-285 - A By-law to authorize an agreement with Walker, Wright, Young Associates Limited respecting a neighbourhood study in the River Road area. No. 81-286 - A By-law to authorize a renewal of the lease of the old City Hall. No. 81-287 - A By-law to authorize an amending agreement with Ontario Housing · Corporation and Canada Nortgage and Housing Corporation. No. 81-288 - A By-law to authorize a release. (Lot 115, N.S. 22) No. 81-289 - A By-law to authorize a release. (Lot 199, M-29) No. 81-290 - A By-law to authorize the execution of an agreement with the Corporation of the City of Thorold and Walker Brothers Quarries Limited and an agreement with Delcan DeLeuw Cather, Canada Limited respecting the construction of a new culvert on Townline Road. No. 81-291 - A By-law to authorize an agreement with Acres Consulting Services Limited for bridge appraisal engineering services. No. 81-292 - A By-law to authorize an agreement with Her FaJeety the Queen in Right of the Province of Ontario as represented by the Minister of Transportation & C~nmunications. .....8 -8- No. 81-293 - A By-law to amend By-law No. 81-50 providing for appointments to certain Boards, Commissions and Canmittees. No. 81-294 - A By-law to amend By-law No. 80-261 providing for appoint~ents to certain Boards, Commissions and Ccmmittees. No. 81-295 - A By-law to amend By-law No. 73-22 being a by-law regarding cemeteries. No. 81-296 - A By-law to authorize the execution of grants of easement for a sanitary sewermain. No. 81-297 - A By-law to provide monies for general purposes. Carried with Aldermen Baker and Cummings ab staining on By-law 81-291, Aldermen Cumm and 0rr abstaining on By-law 81-297, and al others voting in fay0 ORDERED on the motion of Aideman Fera, seconded by Alderman Chessman, that the following by-laws be now read a second and third time: No. 81-282 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Greek Cultural Centre) NO. 81-283 - A By-law to amend By-law No. 79-200, as amended. (Greek Cultural Centre) No. 81-284 - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. (Greek Cultural Centre) No. 81-285 - A By-law to authorize an agreement with Walker, W~4~ght, Young Associates Limited respecting a neighbourhood study in the River Road area. No. 81-286 - A By-law to authorLze a renewal of the lease of the old City Hall. No. 81-287 - A By-law to authorize an amending agreement with Ontario Housing Corporation and Canada Mortgage and Housing Corporation. No. 81-288 - A By-law to authorize a release. (Lot 115, N.S. ~2) No. 81-289 - A By-law to authorize a release. (Lot 199, M-29) No. 81-290 - A By-law to authorize the execution of an agreement with the .Corporation of the City of Thorold and Walker Brothers Quarries Limited and an agreement with Delcan DeLeuw Cather, Canada Limited respecting the construction of a new culvert on .Townline Road. No. 81-291 - A By-law to authorize an agreement with Acres Consulting Services Limited for bridge appraisal engineering services. No. 81-292 - A By-law to authorize an agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the.Minister of ~ransportation and Communications. No. 81-293 - A By-lawtoamend By-law No. 81-50 providing for appointments to certain Boards, C~nmissions and Committees. No. 81-294 - A By-law to amend By-law No. 80-261 providing for appointments to certain Boards, Canmissions and C~nmittees. No. 81-295 - A By-law to amend By-law No. 73-22 being a by-law regarding cemeteries. No. 81-296 - A By-law to authorize the execution of gtan~e of eas~nenL for a sanitary sewa~main. -9- No. 81-297 - A By-law to provide monies for general purposes. Carried with Aldermen Baker and Cummings ab- staining on By-law 81-291, Aldermen Cummings and Orr abstaining on By-law 81-297, and all others voting in favour. NEW BUSINESS GREATER NIAGARA BASEBALL ASSOCIATION Alderman Cummings advised that the Greater Niagara Baseball Association had been successfulinbringingtheOntario Baseball Association 1982 convention to Niagara Falls. The Association had also been successful in obtaining the 1982 Canadian Junior Baseball Championships to be held in Niagara Falls. It was moved by Alderman Cummings, seconded by Alderman Cheesman, that a letter of congratulations be sent to the Association for their success in bringing t. hese events to the City. Carried Unanimously. OAKES PARK - BACKSTOP NET Alderman Curmnings stated that a new net had been erected behind the back stop of the ball diamond in Oakes Park this year, and the net was still in place. The Alderman suggested that the net should be removed for the winter season to avoid damage by the weather. POSSIBLE RELOCATION OF FEDERAL OFFICES Alderman Puttick referred to comments made recently concerning the possible relocatton of Federal offices to the office complex of the proposed downtown redevelopmen~ proposal. The Alderman expressed concern over the possible effect of removing Federal offices from certain areas of the City. Mayor Thomson indicated that preliminary discussions had been held recently with Federal officials, however no decisions had been made regarding the relocation of any Federal offices. It was moved by Alderman Chessman, seconded by Alderman Fera, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, .1 ,FORTY-NINTHMEETING Council Chambers December 7, 1981 SPECIAL MEETING Council met on Monday, December 7, 1981 following a General Committee session. All members of Council were present, with the exception of Alde.rman Fera. His Worship, Mayor Thomson presided as Chairman. RATIFICATION OF GENERAL COMMITTEE DECISIONS Report No. 818 - Acting Administrator - Re: Choice of Site to Replace John N. Allan Park. The report recommends that Council review the conments of the Niagara Falls Bus iness & Industrial Growth Agency Inc., together with the recommendations of the Recreation Conmission, and determine which of the sites known as Site 1 or Site 3 is to be developed to replace John N. Allan Park. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the park be sold for $465,000, that the City strike an agreement for specific use of John N. Allan Park, and that a committee be established to review alternate sites. The motion Carried with the following vote: AYE: Aldermen Chessman, Dilts, Janvary, Merrett, Puttick, Schisler, Kerrio and Somerville. NAYE: Aldermen Cummings, Baker and Orr. Report No. 819 _ Acting Administrator - Re: Word Processing Equipment. The report recommends that the City proceed with the installation of the AES Data Ltd. Word Processing equipment on a two month non-funding basis, and if the equipment proves satisfactory at that time, the City would then proceed with a t~irty-six month lease of the equipment. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report-be received and adopted. Carried Unanimously. Report No. 820 - Finance C~nmittee - Re: Niagara Falls Badminton and Tennis Club. The report recommends that Council approve the purchase of the Niagara Falls Badminton and Tennis Club property pending details for funding in the 1982 budget and for a proposed Board of Directors. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report be deferred and the City investigate further for any other alternatives. The motion Carried with Alderman Orr voting contrary, and all others voting in layout. Report No. 821 - Finance C~nmittee - Re: 1980 Financial Statements. The report provides information on the 1980 Financial Statements and Information Return. ORDERED on the motion of Alderman Chessman, seconded by Alderman Rerrio, that t~e report be received and filed. Carried Unanimously. Report No.'822 - Finance Canmtttee - Re: Mrs. M. Veall, Chairman, Committee of Adjustment. The report recommends that Council acknowledge the letter from the C(lnmittee of Adjustment; refer the matter to the 1982 budget discussions; and that information be obtained indicating the application fees being charged and the honorarium being paid on a per diem basis to other Committees of Adjustment in the Region. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio~ that the report be received and adopted. Carried Unanimously. Report No. 823 _ Finance Committee - Re: Niagara Falls Hydro Street Lighting I~ventory. The report provides information on the Niagara Falls Hydro Street Lighting Inventory and advises that the matter will be considered at a future meeting by the Hydro Canmission and the Municipal Works C~nmittee. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrto, that the report be received and filed. Carried Unanimously. Report No. 824 . Finance Committee - Re: Notification to Owners of Properties to be Registered. The report recommends that Council adopt a policy to provide that the owners of properties which are t~,be registered for the non-payment of taxes be provided~ in addition to notices required by statute, a notice from t~e Municipality that the property will be registered if payment is not received and the said notice be provided one month prior to the eligible date for registration. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Kerrio~ that the report be received and adopted. Carried Unanimously. . .... 2 -2 - No. 825 _ Acting Administrator - Re: Request for Release, Edenwood Court, Lot 281, Plan NS-22. The report recommends passage of a by-law to authorize a release of Lot No. 12 according to Plan M-76 from the provisions of a subdivision agreement between the City and Sunnylea Construction Limited dated August 14, 1979 and registered on September 5, 1979 as Instrument No. LT16332. ORDERED on the motion of Aiderman Chessman, seconded by Alderman Kerrlos t~at the report be received and adopted. Carried Unanimously. See By-law 81-298 No. 826 _ Acting Administrator - Re: Request for Release, 6156 Kirkland Drive, Lot 281, Plan NS-22. The report recommends passage of a by-law to authorize a release of Lot 281, Plan NS-22, from the provisions of a subdivision agreement between the City and Klydel Holdings Inc. dated November 1, 1972 and registered on November 16, 1972 as Instrument No. 176349. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, T~at The report be received and adopted. Carried Unanimously, See By-law 81-299 No. 827 - Acting Administrator - Re: Appointment to Niagara Parks Commission. The report recommends that a member of Council be appointed to represent the City of Niagara Falls on the Niagara Parks Commission for the term expiring November 30, 1982. ORDERED on the motion of Alderman Chessman, seconded by Alderman Rerrio, that Alderman MerEerr be appointed to the Niagara Parks Commission. Carried Unanimously. No. 828 Acting Administrator - Re: Proposed Schedule of Meetings for ChrisTians/New Year's. The report recommends approval of the following schedule of Council meetings: Monday, December 14, 1981 - regular meeting; Monday, December 21, 1981 - regular meeting; and Monday, January 11, 1982 - regular meeting. ORDERED on the motion of Alderman Chessman, seconded by Alderman,l(errio, that the report be received and adopted. Carried Unanimously. No. 829 - Acting Administrator - Re: Niagara Escarpment Proposed Plan Hearings. The report recommends ~hat Report PD/109/81 of the Planning and Development Committee be approved and forwarded r~the Regional Planning Camnittee as a reply to their request for comments, and that if necessary, r~e Planning Director be authorized to present the City's views to the Regional Planning Committee; 2) That City staff be authorized to present the City's recommendations to the Niagara Escarpment Plan Hearing to commence on December 15, 1981. ORDERED on the motion of Alderman Chessmen, seconded by Alderman Kerrio, that r~e report be received and adopted. Carried Unanimously. No. 830 - Acting Administrator - RO: A~reement with Menechella Brothers Limited amending Cash-in-Lieu A~reement, 4933 Clifton Hill. The report recommends passage of a by-law to authorize the execution of an amending agreement with Menechella Brothers Limited respecting parking facilities. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See By-law 81-301 No. 831 - Acting Administrator - Re: Bruce Avenue Apartments, Part Township Lot 172, North Limit of Bruce Avenue at McLeod Road, Lifestyle Homes. The report recommends passaSs of a by-law to authorize an amendment to an agreement with Brian Sinclair and Donald Sinclair respecting the subject property. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the ~eport be received and adopted. Carried Unanimously. See By-law 81-300 No. 832 - Acting Administrator - Re: Stanley Avenue and Valley Way Realignment. The report recommends passaSs of a by-law to declare the recently acquired property at the northwest corner of Stanley Avenue and Valley Way as a public highway. ORDERED on the motion of Alderman Chessman9 seconded by Alderman Kerrio9 ttaat the report be received and adopted, Carried Unanimously. See By-law 81-302 -3 - BY-LAWS ORDERED on the motion of Aideman Dilts, seconded by Aideman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 81-298 - A By-law to authorize a release. (Lot 12, M-76) No. 81-299 - A By-law to authorize a release. (Lot 281, N.S. 22) No. 81-300 - A By-law to authorize an amendment to an agreement with Brian Sinclair and Donald Sinclair. No. 81-301 - A By-law to authorize the execution of an amending agreement with Menechella Brothers Limited respecting parking facilities. No. 81-302 - A By-law to establish certain lands as part of Valley Way. Carried Unanimously ORDERED on the motion of Alderman Baker, seconded by Alderman Chessman, that the following by-laws be now read a second and third time: No. 81-298 - A By-law to authorize a release. (Lot 12, M-76) No. 81-299 - A By-law to authorize a release. (Lot 281, N.S. 22) No. 81-300 - A By-law to authorize an amendment to an agreement with Brian Sinclair and Donald Sinclair. No. 81-301 - A By-law to authorize the execution of an amending agreement with Menechella Brothers Limited respecting parking facilities. No. 81-302 - A By-law to establish certain lands as part of Valley Way. Carried Unanimously NEW BUSINESS FINANCE COMMITTEE Alderman Chessman advised that there would be a meeting of the Finance Committee on Wednesday, December 9, 1981 at 4:00 p.m. NIAGARA DISTRICT AIRPORT COMMISSION AIderman Baker advised that at present, the City has only one citizen representative to the Niagara District Airport Commission. In view of the importance of the Airport as an asset to the City, the Alderman felt there should be another representative, possibly from the Niagara Falls Business · and Industrial Growth A~ency. Aiderman Merrett indicated that he would raise the matter at the next Agency meeting. It was moved by Alderman Dtlts, seconded by Alderman Baker, that The meeting adjourn. Carried Unanimously. FIFTIETH MEETING Committee Room #1 December 14, 1981 COMMITTEE OF THE WHOLE Council met on Monday, December 14, 1981 at 6:45 p.m. in Committee of the Whole. All members of Council were present with the exception of His Worship, Mayor Thomson. Alderman Chessman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting.. ~kkikA~a . READ AND ADOPTED, REGULA~ ~',M"~,~I~G ~.~ . ,?,! · .~- ......... uN MERRETT, PRESIDING OFFICER Council Chambers December 14, 1981 Council met on Monday, December 14, 1981 at 7:30 p.m. in Committee of the Whole. All members of Council were present with the exception of His Worship, Mayor Thomson. The Deputy City Clerk advised that Mayor Thomson was ill and would not be able to attend the meeting. RESOLUTION No. 117 - CHEESMAN - CUMMINGS - RESOLVED that Alderman B. Merrett be appointed Presiding Officer in the absence of His Worship, Mayor Thomson; AND the Seal of the Corporation be hereto affixed. Carried Unanimously OPENING PRAYER Alderman Chessman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, t~at t~e meetings of November 24, 30, and December 7, 1981, be adopted aa printed. Carried Unanimously. DEPUTATION DR. J.B. MAYER - OPERATION DISMANTLE Dr. Mayer was not in attendance at the meeting. UNFINISHED BUSINESS GLENVIEW PARK - EXCHANGE OF LANDS BETWEEN THE CITY AND SHADY REST MOTEL, 4009 RIVER ROAD Report No. 833 - Acting Administrator - The report recommends that Council consider the request from the owners of the Shady Rest Motel, to proceed with the exchange of lands, and that: if Council is agreeable to proceed with the land exchange~ such decision be subject to certain conditions. Mr. D. Crows, aolic%~or for the owners of the Shady Rest Motel, was granted,-p. ermiesion ~o address Councll on the motion of Alderman Kerrto, seconded by Alderman Somerville. Mr. Crowe provided a brief history of the proposed exchange of lands between the City and the owners of the Shady Rest Motel, leading to the Ontario Municipal Board hearing and subsequent decision of the Board to allow the appeal by the developers, and permit the rezonfng subject to a number of conditions. It was pointed out that the developer had relied upon the previous Council decision - 2 - authorizing the land exchange in principle, subject to the rezoning, and the rezoning was directed by the Ontario Municipal Board. Mr. Crowe indicated that the conditions outlined in the report were acceptable to the developer and were in keeping with the Board's Order. With respect to the land exchange, Mr. Crowe stated that his clients were in a position to convey the land to the City, once the City is satisfied with the various agreements necessary and the draft deeds have been delivered to the City, together with the site plan, survey and plan showing the various pieces of land to be exchanged. In response to a question raised by Alderman Orr, Mr. Crowe advised that his clients could build on the existing property, however due to the size and shape of the land, the type of building would not be as viable and attractive, or as accommodating to the residents, as the current proposal would be. Mr. G. Johnson was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Baker. Mr. Johnson reviewed in detail the history of the Glenview residents' involvement in the proposal by Spironello & Iseppon to exchange lands with the City. Mr. Johnson indicated that he had purchased his home knowing the park existed and believing that it would remain intact. With respect to the Shady Rest Motel, Mr. Johnson felt the development should stay on the existing property and any expansion should be limited to what is currently permitted under the zoning by-law. Mr. Johnson pointed out that the motel was preseptly at capacity as far as parking was concerned, and the building could not be expanded to four storeya because the property does not have sufficient parking. The land which the developers wish to acquire, serves as a buffer between the area residents and the tourist traffic on River Road, in a natural wooded state. Mr. Johnston stated that in order to protect and retain the Glenview Park, he was prepared to take legal action. Additional information was provided in response to questions raised by members of Council. Mr. T. Mclntosh was granted permission to address Council on the motion of Alderman Kerrio, seconded by Alderman Orr. Mr. McIntosh, who was speaking on behalf of his mother who resided in the Glenview area, was critical of the previous Counctl~s action in not rescinding an earlier motion.which approved the land exchange in principle. Mr. Mclntosh requested Council to consider its obligation to the residents of Glenview who have repeatedly expressed their opposition to the proposed land exchange. Hiss L. Ferruccio was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Kerrio. Miss Ferruccio explained the importance of Glenview Park to the youth of the Glenview area, and commented that the exchange would strip the Park of its character. Miss Ferruccio asked that Council deny the exchange, as was don~ eight years previously when a similar attempt was made to expand t~e motel property. Mr. H. Martin was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Fera. Mr. Martin pointed out that since the Glenview area is surrounded by industry and railway yards, the view of the gorge and the Park were of considerable importance to the a~.ea residents. The proposed land exchange would result in a view from the park of the Cyanamid plant, which was unacceptable to the residents. Mr. Martin indicated that the residents were not opposed to expansion of the Shady Rest Motel on the existing property within realistic limits. Reference was made to the inconsistencies in the design sketches submitted a4i t~e Ontario Municipal Board hearing as compared to what was permitted under the zoning by-law. Fur. Martin also pointed out that the berming proposed by the developer was not even located on land owned by the developer. In summary, Mr. Martin stressed the importance of the Glenview Park to the residents, commenting that the Park was not a luxury, but a necessity. Mr. DP .Harrington was granted permission to address Council on the motion of Alderman Cummings~ seconded by Alderman Orr, Mr. Harrington stated that of all the families polled in the Glenview area, only three were in fayour of the park exchange~ which he felt demonstrated that the majority of area residents wanted the park to remain intact. N~. HarrinSton urged Council to respect the collective wishes of the residents to have the park remain as is in perpetuity. Mr, Crows explained that 95% of the wooded slope referred to by the residents was presently owned by the developer, and if the motel were expanded on the existin~ property, there would be a concrete retaining wall where the wooded elope now exis~eo Mr. Crows reminded Council that approval of the land exchange had been '&ranted subject to a rezoning, -3 - which the developer has obtained through the Ontario Municipal Board. The rezoning is now subject to the land exchange and certain other standard requirements which the developer was prepared to meet. Considerable discussion followed the comments made by the area residents and the solicitor for the developer, during which time the members of Council expressed their views on the proposed land exchange, and its effect on the area residents. At the conclusion of this discussion, it was moved by Aideman Cummings, seconded by Alderman Fera, that the City not approve the proposed land exchange with Spironello & Iseppon InvestMents Limited, and that the park be retained in it8 present form. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Fera, Baker, Orr and Somerville. NAYE: Aldermen Dilts, Janvary, Puttick, Schisler and Kerrio. NOTE: Alderman Puttick retired from the meeting.. CONVENTION PARKING Report No. 834 - Municipal Parking & Traffic Committee - The report recommends that the Niagara Falls Chamber of Commerce be authorized to carry out a program of issuing free parking passes for all on-street and off-street metered parking areas to convention visitors to the City. Additional information was provided by Alderman Merrett in response to a number of questions raised. Alderman Cummings expressed his concern over the effect of the recommendation on privately owned lots where a fee is charged, or the proposed parking structures suggested in the Parking, Traffic and Tourism Study. Alderman Baker suggested that the program be reviewed in one year e~en if only for the information of Council. Following further comment, it was moved by Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted, subject to a review of the program by the Municipal Parking & Traffic Committee in one year. The motion Carried with Alderman Cummings voting contrary, and all others voting in favour. CASEY SUBDIVISION (PLAN NS-28) - CITY OF NIAGARA FALLS AND RIVER REALTY DEVELOPMENTS LIMITED (1976) INC. AND GROUP 2 DEVELOPMENT LIMITED, SUPREME COURT ACTION NO. 1071/78 Report No. 835 - Acting Administrator - The report recommends passage of a by-law authorizin~ a release with respect to the settlement of the subject court action. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that t~e report ~e received and adopted. Carried Unanimously. See By-law 81-303 The following items were brought forward for consideration at this time. Communication No. 334 - Residents of First and Second Avenues - Re: Former Bentley Building. The communication requests the assistance of Council in resolving complaints respecting the apparent illegal use of the former Bentley building on First Avenue. Alderman Baker felt that if the property was being used contrary to the the zoning by-law, appropriate action should be taken by staff to rectify the ~natter. Alderman Herrart advised that the matter was quite complicated, and it would be advisable for Council to have a report prepared by staff on the appropriate action to be taken. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the communication be referred to staff for the preparation of a report, and further that the residents be notified in advance of the Council meeting. Carried Unanimously. Report No. 836 - Municipal Works Committee - Re: Mount Forest II Subdivision, l~ummond Park Village Extn. I and Dorchester Village Subdivision - Provisions -4- for Policy Changes with Respect to Subdivision Financing and Lot Gradtn~ and Drainage. The report recommends that the subject subdivisions be allowed to proceed with provisions included in the respective subdivision a~reements for future policy changes with respect to subdivision financing - the subdivider will be required to agree that the Letters of Credit for subdivision services will be updated every six months and further that the Letters of Credit for outstanding works shall not be reduced to less than 50% of the total cost of t~e subdivision services, and further that any other requirements as a result of the finally approved policy will be complied with; and that the subdivision agreements will provide for policy changes with respect to Lot Grading & Drainage as has been done in recent subdivision agreements - specifically the agreements will require the subdivider to deposit with the City $100 per lot for grading and drainage and/or any other deposits or requirements of the Lot Grading and Drainage Policy when it is adopted by Council. The Director of Municipal Works explained that the report had been submitted previously in order to allow the subject subdivisions to proceed. The matter had been withdrawn at the request of the developers in order to allow them an opportunity to investigate the recommendations further, It was further advised that the Drummond Park Village Subdivision had been resolved in a separate report. Mr. B. Sinclair was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Kerrio. Fir. Sinclair, representing the developers of Mount Forest II Subdivision, advised that his clients were agreeable to the conditions with respect to updating the letters of credit so that they will not be reduced to less than 50% of the total cost of the subdivision services, and with respect to the drainage policy. The condition with respect to compliance with any other requirements as a result of a finally approved financin~ policy was of concern to the developers. Mr. Sinclair pointed out that the developers' bankers have pointed out that this clause could result iu theory, in the City coming back and damndinS full cash payment for services, and lon~ term finaucin~ would be difficult to obtain in view of this policy. In response to a question raised by Alderman Dilts, the Deputy Solicitor indicated that While there was no such thing as complete protection for the Municipality, he did appreciate the fact the bank would want to know exactly what obligations the City would require from a developer. It was suggested that the City adopt a financing policy as soon as possible in order to resolve this concern. The Director of Municipal Works indicated that if Council was agreeable, the recommendation could be amended by removing the reference tolfuture policy changes, which would leave protection in the form of an update of the letter of credit every six months, and not allowing the letters of credit for outstandingworks be reduced to less than 50% of the total cost of the subdivision services. Mr. J. Cuviello, developer for the Dorchester Village Subdivision, indicated that this amendment would be acceptable to him as well. Followin~ further comment, it was moved by Alderman Dilts, seconded by Alderman Fern, that reference to compliance with future financing policies be deleted, and the report, as amended, be received and adopted. Carried Unanimously. ,~ Report No. 837 - Municipal Works Committee - Re: Drummond Park Village Subdivision Extension, The report recommends that the Drummond Park Village Subdivision Extension (26T-80003) Rezoning By-law 81-74 be processed follows: 1) that the blocks designated as Block 1 and Block 2 which front on McLeod Road form the basis of a plan for registration, with a suitable subdivision agreement being executed for this development area; 2) that the draft plan approval for the remainder of the original plan be retained; 3) that the earvices robe installed on McLeod Road for Blocks I and 2 be covered by a letter of credit, with the provision that the services will be installed before December 31, 1982, or else the Letter of Credit will be converted into cash to secure that the services will then be installed at the pleasure of the City; and 4) that the City forward By-law 81-74 to the0n~ario Municipal Board and request its approval after the agreement for the portion which is to be developed now has been s&Sned. Mr. A. Coar of Group 2 Development indicated that developing the subdivision in two separate parcels has avoided the problem involved in the previous report. {~'~ , - 5 - The Director of Municipal Works pointed out that: the fourth recommendation would still have to be processed through the Planning and Development Cenmittee. ORDERED On t~e motion of Alderman Dilts, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. Report No. 838 - Recreation Commission - Re: Suggested Park Names. The report recommends that the followir~ names be offered as further suggestions in the naming of City parks - Dr. W.A. Potter, W.A. Hinsperger and Art Conte. Mrs. E. Wright requested that Council consider the naming of the Allanthus Avenue area park after her late husband, Charles B. Wright, a former municipal employee of almost forty years. Aideman Baker indicated that he had not been prepared to deal with the naming of any parks at this time, and it was his understanding the suggested names would be reviewed at a later date. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Dilts, that the names submitted by the Recreation Commission be included in the list of prominent citizens for future consideration. Carried Unanimously. It was then mo~ed by Alderman Cunnnings, seconded by Alderman Orr, that the Allanthus Avenue area park be named after Mr. Charles B. Wright, subject to comment by the Recreation Commission. The motion Carried with Aldermen Baker and Dilts voting contrary, and all others voting in favour. It was then moved by Alderman Fera, seconded by Aiderman Baker, that the balance of the previous report (No. 731) be tabled. Carried Unanimously. Alderman Janvary pointed out that there are not enough parks and recreational areas in the City to name after all of the worthy people, and suggested that Council consider some other method of honouring prominent citizens. The Alderman suggested that the Blue Line Room at the Niagara Falls Arena could be renamed after some individual, or at least have pictures of these individuals placed in public facilities. Alderman Cummings advised that consideration would be given to placing plaques and pictures of various individuals in the Arena, similar to what is done in St. Catharines Arena. Alderman Chessman suggested that an area be designated in the City Hall where pictures could be placed, in recognition of former Mayors of the Municipality. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Orr, that these suggestions, and the policy setting out the criteria for choosing names for facilities, be referred to the Civic Month Cemmittee. Carried Unanimously. COMMUNICATIONS No. 335 - Minister of Municipal Affairs & Housing - Re: Municipal Amendment Act, The communication provides information of the Municipal Amendment Act which was given first reading on November 30, 1981. Several members of Council suggested that proposed legislation such as the Municipal Amendment Act, should be referred to staff for comment on any amendments affecting the City. In response to a question raised, the Deputy Solicitor advised that the legislation dealing with debenture matters would be of concern to municipalities such as the Region which issue debentures. The Depuf. y City Clerk indicated that if there were any amendments of concern to the Municipality, comment would have been made by staff- Following further comment, it was moved by Alderman Baker, seconded by AIderman CunnninSs~ that'the communication be referred to staff for a report, The motion.was Delegated with the following vote: AYE: Aldermen Cummings, Baker~ Janvary and Kerrio. NAYE: Aldermen Cheesman~ Fern, Orr, Schisler and Somerville. NOTE: Alderman Diets was absent when the vote was taken on this matter. -6- It was then moved by Alderman Orr, seconded by Alderman Fera, that. the connnunication be received and filed. The motion Carried with Aldermen Cummings and Kerrio voting contrary, and all others voting in fayour. NOTE: Alderman Dilts was absent. when the vote was taken on this matter. No. 336 - Minister of Hunicipal Affairs and Housing - Re: Regional Municipalities Amendment Act.. The con~nunication provides information on the Regional Municipalities Amendment Act. which received first. reading on November 30, 1981. ORDERED on the motion of Alderman Baker, seconded by Alderman Fern, that the communication be received and filed. The motion Carried with Aldermen Cummings and Kerrio voting contrary, and all others voting in fayour. NOTE: Aldermen Orr and Dilts were absent when the vote was taken on this matter. No. 337 - Niagara Falls Hydro - Re: Commission Remuneration- The communication requests that the City approve an increase in Ccmmission remuneration to $1500 per annum for members and $1800 per annum for the Chairman. ORDERED on the motion of Alderman Fern, seconded by Alderman Baker, that the communication be referred to the Finance Committee. Carried Unanimously. No. 338 - Niagara Palls Hydro - Re: Resolutions on Nuclear Power Development. The communication comments on resolutions by the Townships of Greenock and West. Missouri respecting nuclear power development. AND No. 339 - Township of Greenock - Re: Nuclear Power Development. The communication requests endorsement of a resolution respectin~ nuclear power dave 1 opmen t · AND No. 340 - Township of West Nissouri - Re: Nuclear Power Development. The communication requests ~ndorsement of a resolution respecting nuclear power dave 1 opmen t. Aldermen Chessman and Cummings felt. that. Council did not. have--sufficient information or experience to deal with matters respecting nuclear power dave lopmona. Alderman Baker pointed out tha~ Niagara Fall8 Hydro had made a recommendation with respect to endorsement of the resolutions, and suggested that Council should be able to accept the advice of the Hydro C~nmigsion in the matter. Following further comment, it was moved by Aideman Cheeeman~ seconded by Alderman Cummings, that the communications be received and filed. The motion ~arried:with Aldermen Baker and Orr voting contrary, and all others voting in fayour. No. 341 - Niagara Chair-A-Van - Re: Transportation to the Arena. The communication advises that transportation has been arranged for physically handicapped persons wishing to attend hockey games. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the communication be received and filed and a copy forwarded to the 8ocial Planning Council. Carried Unanimously. No. 342 - Ministry of TransportatiOn & Communications - Re: GO Transit Service. The communication advises that at the present time, the Province is not contemplating the extension of GO Transit service to Niagara Falls. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dllts, that the communication be received and filed, and a copy sent to Mr. K. Bitter~ohl who had expressed an interest in the matter. Carried Unanimously. No. 343 - Chamber of Commerce - Re: Tax Collection Policy. The communication expresses concern over the Ctty~s policy of not accepting part payment on account of unpaid municipal realty taxes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the communication be referred to the Finance Con~mitteeo Carried Unanimously. Moo 344 - Welcome Wagon - Re~ City Maps. The communication requests that the City provide maps to be included in the Welcome Wagon baskets Siren to newcomers to the City. In response to a question raised by Aldermen Orr, the Acting Administrator indicated that the maps would only be 8ivan out on a "as required" basis, and not all at one~t~ma, - 7 - The Deputy City Clerk advised that approximately 500 maps would be required by Welcome Wagon annually, representing an annual cost to the City of $200 - $250. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the request be approved. Carried Unanimously. No. 345 - Industrial Accident Prevention Association - Re: Safety Month. The communication requests that the month of January, 1982, be proclaimed as Safety Month, and permission to hold a flag raising ceremony at the City Hall in connection with Safety Month. ORDERED on the motion of Alderman Fete, seconded by Alderman Orr, that the requests be approved subject to established policy. Carried Unanimously. No. 346 - Niagara Symphony Association - Re: Funding from Canada Council. The communication requests Council support a request to the Canada Council for funding. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fete, that the communication be received and filed, and further that a letter be sent to the Canada Council supporting the Association's request for funding. Carried Unanimously. No. 347 - Local 528, Niagara Falls Professional Fire Fighters - Re: 1982 Convention of the Ontario Professional Fire Fighters Association. The communication requests that the City provide a grant in the amount of $8,000 to be used to host the City of Niagara Falls banquet in conjunction with the subject convention to be held in Niagara Falls. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the communication be referred to the Finance Committee. Carried Unanimously. No. 348 - Mrs. A. Bright - Re: Walkway between Corry Crescent and Ares Court. The communication expresses opposition to the closing of the subject walkway. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the communication be referred to the Planning & Development Committee. Carried Unanimously. No. 349 - Regional Municipality of Niagara - Re: Quality Standards and Levels of Service for Maintenance of Niagara~s Roads. The con~nunication requests the comments of the Municipality with respect to the quality standards and levels of service for the maintenance of Niagara's roads. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the communication be referred to the Municipal Works Committee. Carried Unanimously. REPORTS No. 839 - Planning & Development Committee - Re: AM-19/81, F. Rizzo, 5512 Victoria Avenue. The report recommends approval of the subject application to permit a change in zoning to allow a previously residential building, now converted to a restaurant, to renovate, enclose and use an existing patio. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law 81-304 No. 840 - Planning & Development Committee - Re: AM-21/81, A. Volpatti, 4248 Morrison Street. The report recommends approval of the application, that the applicant receive the approval of a site plan by the Site Technical Committee and the site be developed accordingly; and that the required parking be located in the rear of the building as recommended by staff. The application is to permit a change in zoning from R.2 to R.3 to permit the interior renovation of an existing duplex to a triplex. ORDERED on the motion of Alderman Fera, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law 81-305 No. 841 - Recreation Canmission - Re: Memorial School. The report provides information on the status of the City's proposal to sell Memorial School and part of the former school site to the Royal Canadian Legion Branch 479. Alderman Merrett and the Acting Administrator provided additional information in response to a number of questions raised. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No, 842 - Actin Administrator - Re: Request for Release, Edenwood Court, Lot 11, Plan M-~6. The report recommends passage of a by-law appearing on the agenda to authorize a release on Lot 11, Plan M-76 from the provisions -8- of a subdivision agreement between the City and Sunnylea Construction Limited dated August 14, 1979 and registered on September 5, 1979 as Instrument No. LT 16332. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law 81-306 No. 843 - Mayor Thomson - Re: Request to Lease Add itional HEPC Property, Dr. Fingland Community Centre. The report recommends that the City request permission from Ontario Hydro to lease that section of the HEPC power canal right-of-way located immediately adjacent to the Dr. Fingland Community Centre. ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 844 - Acting Administrator - Re: 1981 Capital Budget - Community Services Contribution Program - Hard Services. The report recommends passage of a by-law to authorize certain works in the Maple Redevelopment Area of the City. ORDERED on the motion of Alderman Orr, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law 81-307 No. 845 - Acting Administrator - Re: 1981 Capital Budget Projects. The report recommends passage of certain by-laws dealing with the reconstruction and rehabilitation of sanitary and combined sewers which were included in the 1981 Capital Budget. The Director of Municipal Works provided additional information in .response to a number of questions raised. ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See By-laws 81-308 81-309 and 81-310 No. 846 - Actin8 Administrator - Re: Contract S.S. 26-81, Local Im~ovement Sanitary Sewer Construction on Oakwood Drive. The report recommends acceptance of the prices submitted by H.J. Voth& Sons Limited for the subject contract. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the report be received and adopted. ' Carried Unanimously. See Resolution 118 See By-law 81-311 No. 847 - Municipal Parking & Trail ic Committee - Re: By-law Amending Parking .Requirements. The report recommends that the letter of objection received from Mr. T. Cordon Wyllie with respect to By-law 81-199 be forwarded to the Ontario Municipal Board, and further that Council inform the Board that they are in a8reement with including the lands owned by the objector within the By-law schedule so that the reduced parking standards will also apply to this property. ORDERED on the motion of Alderman Fern, seconded by Alderman 0rr, that the__ report be received and adopted. Carried Unanimously. No. 848 - Municipal Works Committee - Re: Rotary Mowers - Cemeteries. The report recommends that an amount of $8,400 be placed in reserve to be used for the acquisition of a front rotary mower in the Spring of 1982, and that any local supplies who might be interested in this unit be contacted. In response to a question raised by Alderman Chessman, the Director 'of Municipal Works indicated that the report should be changed to read "and that local suppliers, as well as other suppliers, who might be interested in this unit be contacted". ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report be received and adopted, as amended. Carried Unanimously. No. 849 - Municipal Works Committee - Re: Onkes Park. The report outlines a number of recommendations with respect to Oakes Park. in response to a number of questions raised, the Director of Municipal Works advised that the intent of the report was to have the monies which vere set aside for certain work at Oakes Park, placed in reserve at the end of the year. If it was determined in 1982 that washroom facilities were not necessary in the park, the monies would be used elsewhere in the City for park purposes. ORDERED on the motion of Alderman Dilte, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. ~. . - 9 - No. 850 - Municipal Works Committee - Re: Maintenance & Operations Expenditures as of October 30, 1981. The report provides information on the subject expenditures as of October 30, 1981 and recommends that future reports of this type be submitted every three months after April 30, 1982, with special reports being submitted in emergency cases. ORDERED on the motion of Alderman Baker, seconded by Alderman Dilts, that the,'report be received and adopted. Carried Unanimously. No. 851 - Municipal Works Committee - Re: Niagara Falls Rail Relocation Study. The report recommends that Council approve the preferred relocation option for the Niagara Falls Rail Relocation Study as stipulated in the Region's report DEA-150, Item 1. ORDERED on the motion of Alderman Dilts, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 852 - Municipal Works Committee - Re: Bruce Avenue Engineering. The report recommends: 1) that Barr Associates be permitted to perform design services for all municipal requirements stipulated in the agreement between the City and the developers of the subject apartment block proposed at the end of Bruce Avenue; 2) That the above design of all municipal services on the Bruce Avenue road allowance be financed by the developer of the apartment blocks with an agreement being executed directly between the developer and Barr Associates for engineering services; and 3) that the designs for all municipal services required on the Bruce Avenue road allowance be prepared to the specifications of the City of Niagara Falls and under the direction of the Director of Municipal Works, with all design and documents becoming the property of the City upon completion of the design and preparation of specifications. ORDERED on the motion of Alderman Fern, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 853 - Municipal Works Committee - Re: Relining of Cambridge Street Storm Sewer. The report recommends that the $6,500 in the Major Sewer Repair Account allocated for the repair of a section of storm sewer on Cambridge Street be placed in reserve for the purpose of undertaking this work early in 1982. ORDERED on the motion of Alderman Dilts, seconded by Alderman 3anvary, that the report be received and adopted. Carried Unanimously. No. 854 - Acting Administrator - Re: Mgnicipal Accounts. The report recommends payment of the municipal accounts. AND No. 855 - Acting Administrator - Re: Municipal Accounts. The report provides information on the new system of preparing the accounts by-law in an attempt to clarify the payments the City is making. The Acting Administrator advised that Cheque #6926 was to be withdrawn from the accounts. Additinoal information was provided regarding Cheques #6759, 6770, 6897, and 6965 in response to questions raised by Aldermen Cummings, Dilts and Orr. The members of Council indicated their approval of the new method of preparing the accounts by-law. Following further comment, it was moved by Alderman Fern, seconded by Alderman Baker, that the report be received and adopted. The motion Carried wi{h Aldermen Chessman and Somerville abstaining on a conflict of interest on Cheques #6978 and 6862 respectively, Aldermen Cheesman and Cummings voting contrary on Cheque #6965, and all others voting in favour. No. 856 - Acting Administrator - Re: Demolition of Buildings at the Bottom of Queen Street. The report recommends that the firm of Van Koughnett Ltd. be awarded the contract for demolition of 4184 Queen Street, 4165 Queen Street and 4159 Queen Street/4639 Cataract Avenue. Additional information was provided by the Deputy City Clerk and the Acting Administrator in response to several questions raised. ORDERED on the motion of Alderman Fern, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 119 See By-law No. 81-312 No. 857 - Loan Review Committee - Re: Applications for Assistance. The report recommends approval of seven applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Fern, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. No. 858 - Acting Administrator - Re: Site Plan Approval (Part 1) Proposed 58 Unit Apartment Dwelling on Bruce Avenue. The report recommends approval of the subject site plan. ORDERED on the motion of Alderman Fern, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. . .... 10 - 10 - No. 859 - Acting Administrator - Re: Buildings & Inspections Report for November, 1981. The report provides current news relative to permit statistics, development proposals and other noteworthy data that has emerged during the period covered by the report. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 860 - Acting Administrator - Re: 1982 Appointments to Boards, Commissions and Committees. The report recommends that Council review the appointments to the various Boards, Commissions and Committees for terms commencing in 1982, and that the actual appointments be made at the December 21, 1981 meeting. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 861 - Acting Administrator - Re: Fire Department Agreement with Minister of Government Services re: Installation of Paging Equipment at Morrison Street Fire Hall. The report recommends passage of a by-law to authorize an agreement with the Minister of Government Services respecting the installation of paging equipment at the Morrison Street Fire Hall. ORDERED on the motion of Alderman Fare, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law 81-313 RESOLUTIONS No. 118 - CHEESMAN - BAKER - RESOLVED that the unit prices submitted by H.J. Voth & Sons Ltd. for local improvement sanitary sewer construction on Oakwood Drive from the north limit of Registered Plan 144 to Lot No. 10, be accepted at the tendered price of $129,362.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 119 - FERA - BAKER - RESOLVED that the prices submitted by Van Koughnett Ltd. for the demolition of ~utldings at 4184 Queen Street, 4165 Queen Street and 4159 Queen Street/4639 Cataract Avenue, be accepted at the total price of $4,884.10; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 120 - JANVARY - eRR - RESOLVED that a message of condolence be extended to the family of the late Mr. William S. err who passed away on December 14, 1981. Mr. err was appointed as City Engineer 'for the City of Niagara Falls on February 1, 1928, Deputy City Treasurer in 1934, City Clerk in 1938, and City Manager in 1944, a position he held until his retirement on June 30, 1965; A highly respected member of the community and dedicated municipal employee; AND the Seal of the Corporation be hereto affixed. ~ Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Fera, seconded by Alderman Kettle, that leavebe granted to introduce the following by-lawss and the by-laws be read a first time: 'No. 81-303 - A By-law to authorize the execution of a release in favour of River Realty Development (1976) Inc. and Group 2 Development Limited in 'respect of the Casey Subdivision (Registered Plan NS-28). No. 81-304 - A By-law to amend By-law No. 79-200, as amended. (AM-19/81) No. 81-305 - A By-law to amend By-law No. 79-200, as amended. (aM-21/81) No. 81=306 - A By-law to authorize a release. (Lot 11, M-76) No. 81-307 - A By-law to authorize the construction of certain works in the Maple Redevelopment Area of the City. "No. 81-308 - A By-law to authorize the reconstruction of a combined sanitary and storm sewermain as an improvement and extension to the sewaBe system in the urban service areas of the City, No. 81-309 - A By-law to authorize the reconstruction of a combined sanitary and storm sewermain as an improvement and extension to the sewage system in the urban service areas of the City. No. 81-310 - A By=law to authorize the undertakinB of rehabilitation work on sanitary sewermaine as an improvement and extension to the sewage system in the urban service are~s of the City. ** , tie , *** ,m -11- No. 81-311 - A By-law to authorize the execution of an agreement with H.J. Voth & Sons Limited for the construction of a sanitary sewer on Oakwood Drive. No. 81-312 - A By-law to authorize the execution of an agreement with Van Koughnett Ltd. for the demolition of buildings. No. ~1-313 - A By-law to authorize an agreement with Her Majesty the Queen in ~ - .Right of the Province of Ontario as represented by the Minister of Government Services. No. 81-314 - A By-law to provide monies for general purposes. Carried with Aldermen Cheesman and Somerville abstaining on By-law 81-314, Alderman Cummings voting contrary on By- law 81-314, and all others voting in layout. ORDERED on the motion of Alderman Dilts, seconded by Alderman 0rr, that the following by-laws be now read a second and third time: No. 81-303 - A By-law to authorize the execution of a release in favour of River Realty Development (1976) Inc. and Group 2 Development Limited in respect of the Casey Subdivision (Registered Plan NS-28) No. 81-304 - A By-law to amend By-law No. 79-200, as amended. (AM-19/81) No. 81-305 - A By-law to amend By-law No. 79-200, as amended. (AM-21/81) No. 81-306 - A By-law to authorize a release. (Lot 11, M-76) No. 81-307 - A By-law to authorize the construction of certain works in the Maple Redevelopment Area of the City. No. 81-308 - A By-law to authorize the reconstruction of a combined sanitary and storm sewermain as an improvement and extension to the sewage system in the urban service areas of the City. No. 81-309 - A By-law to authorize the reconstruction of a combined sanitary and storm sewermain as an improvement and extension to the sewage system in the uban service areas of the City. No. 81-310 - A By-law to authorize the undertaking of rehabilitation work on sanitary sewermains as an improvement and extension to the sewage system in the urban service areas of the City. No, 81-311 - A By-law to authorize the execution of an agreement with H.J. Voth & Sons Limited for the construction of a sanitary sewer on Oakwood Drive. No. 81-312 - A By-law to authorize the execution of an agreement with Van Koughnett Ltd. for the demolition of buildings. No. 81-313 - A By-law to authorize an agreement with Her Majesty the Queen in Right of the Province of Untario as represented by the Minister of Government Services. No. 81-314 - A By-law to provide monies for general purposes. Carried with Aldermen Chessman and Somerville abstaining on By-law 81-314, Alderman Cummings votlng contrary on By- law 81-314, and all ethers voting In favour. - 12 - It was moved by Alderman Fera, seconded by Alderman Dilts, the meeting adjourn. Carried Unanimously. READ AND ADOPTED, that FIFTY-FIRST MEETING Committee Room #1 December 21, 1981 COMMITTEE OF THE WHOLE Council met on Monday, December 21, 1981 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Orr and Somerville. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. , ~, · READ AND ADOP/.~ED, ~UTY CLER' REG~L~ r~E~NG MAYOR WAYNE THOMSON Council Chambers December 21, 1981 Council met on Monday, December 21, 1981 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Orr and Somerville. 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 meeting held on December 14, 1981, be adopted as printed. Carried Unanimously. COMMUNICATIONS No. 350 - Regional Municipality of Niagara - Re: Regional/Municipal Energy Audit Committee. The communication requests that each municipality appoint an individual responsible for energy conservation to become a partner in the sharing of information and development of energy savings, and that a representative of the City a[tend the first Regional/Municipal Energy Audit Committee meeting on January 14, 1982. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the Director of Buildings & Inspections attend the first meeting of the Energy Audit Committee on January 14, 1982. Carried Unanimously. No. 351 - Niagara Falls Visitor & Convention Bureau - Re: Tourist Area Traffic & Parking Study - tanmar Fenco. The communication outlines comments and suggestions of the Bureau with respect to the subject study. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the communication be referred to the Parking, Traffic and Tourism Study Committee. Carried Unanimously. REPORTS No. 862 - Acting Administrator - Re: Official Plan Amendment No. 121. The report recommends approval of proposed Official Plan Amendment No. 121, and that the amendment be forwarded to the Ministry of Municipal Affairs and Housing. ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law 81-315 No. 863 - Acting Administrator - Re: Surplus Municipal Property, Palmer Avenue and gfmcoe Street. The report recommends that a small surplus parcel of property located at the southwest corner of Palmet Avenue and Simcoe Street be conveyed to the adjacent owner~ Mr. G. Schneider, for the sum of $650.00. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Diltss that the report be received and adopted. Carried Unanimously. -2- No. 864 - Acting Administrator - Re: Extension of Urban Service Area Boundaries, Mr. &Mrs. J. Black St., 6871Kalar Road. The report recommends passage of a by-law to extend the boundaries of Urban Service Area 1 to include the property at 6871Kalar Road, and following approval of the by-law by the Ontario Municipal Board, that Mr. Black be allowed to connect to the municipal watermain on Kalar Road in accordance with the existing policy regarding connection charges. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-law 81-316 No. 865 - Acting Administrator - Re: Robert andAnn Krueger - Offer to Purchase City Owned Property South of Gallinger Street between Drunmlond Road and Portage Road. The report recommends passage of a by-law to authorize the sale of the subject property to Robert and Ann Krueger, if Council is satisfied with the terms of the offer submitted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. The motion Carried with Alderman Puttick abstaining on a conflict of interest, and all others voting in favour. See By-law 81-317 No. 866 - Acting Administrator - Re: Easement from Niagara South Board of Education for the Proposed Paul Theil Chippawa Flood Relief Works at Riverview School on Cattell Drive. The report recommends passage of a by-law to authorize the execution of a grant of easement from the Niagara South Board of Education to the City for a sanitary sewer flood relief storage tank. ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law 81-318 No. 867 - Finance Committee - Re: Chamber of Commerce - Tax Arrears Collection Policy. The report recommends that the communication from the Chamber of Commerce with respect to changes in the City's tax arrears collect~n policy be received and filed, and the Chamber be notified of any change in the policy. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the report be received and filed. Carried Unanimously. No. 868 - Finance Committee - Re: Tax Collection Policy. The report recommends that part of the tax collection policy wherein part payment for outstanding taxes that are in arrears from 1979 will not be accepted, be rescinded and that the Treasurer be instructed to accept part pennant of tax arrears effective immediately and that Council be made aware in approximately three ~onths time of the effect of this change in the collection of taxes. Alderman Baker indicated that he would prefer the City to institute a period of grace, such as six months, during which time individuals would be allowed to make partial payments. The Alderman felt this would be preferable to abolishing the policy entirely and possibly have the City's previous tax arrears problems return. Alderman Baker also suggested that if the City determined after three months that there is a problem, and the policy is reinstated~ Council would appear somewhat indecisive to the public. Several members of Council pointed out that the City is well protected with the current interest rate being charged on tax arrears. There would no longer be any financial advantage in allowing taxes to become in arrears because of the bank paying higher interest than the City charges on arrears. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Kerrfor that the report be received and adopted. The motion Carried with Alderman Baker voting contrary, and all others voting in fayour. No. 869 - Finance Committee - Re: Re-Assessment under Section 63 of the Assessment Act. The report recommends that the City not proceed with the impact study of~the effects of re-assessment under Section 63 of the Assessment Act. Alderman Chessman stated that he was opposed to the recommendation of the Committee, since he felt the findings of the impact study would be benefit to the City when dealing with assessment reviews, and would provide the City with a good deal of information to Justify the rates being charged. Alderman Baker felt the City should go through with the impact study in order to determine if there are any~r~at inequities existing in the -3- system, and if tnequities are found, they should be corrected. While the Alderman acknowledged there would be individuals unhappy with the results of the study, the end result would provide for a more equal system. Mayor Thomson felt it was unfortunate that the Province would not make re-assessment mandatory throughout the Province, rather than carrying it out on a piecemeal basis. Alderman Puttick pointed out that any individuals who feel their assessment is unfair do have the option of appealing the assessment to the Assessment Review Court. Alderman Cunmmings felt that since a Province-wide re-assessment will likely be carried out eventually, the Province was trying to get municipalities to do its "dirty work" ahead of time. Following further comment, it was moved by Alderman Cummings, seconded by Aldreman Merrett, that the report be received and adopted. The motion Carried with Aldermen Chessman and Baker voting contrary, and all others voting in fav~ur. No. 870 - Finance Committee - Re: Mrs. J. McPherson - Taxes. The report recommends that the matter of Mrs. McPherson and the outstanding taxes of her mother, Mrs. T. Swartz, be received and filed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 871 - Finance Committee - Re: Niagara Falls Hydro Commission Chairman and Members Salaries. The report recommends that Council approve an increase in salaries for the Commission - Chairman $1800 per annum and members $1500 per ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 872 - Finance Committee - Re: Local 528, Niagara Falls Professional Fire Fighters Grant Request for Annual Convention. The report recommends that Council abide by the existing policy with respect to grants for conferences and conventions, and the request for funds be denied. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 873 - Finance Committee - Re: Establishment of an Auditing Committee. The report recommends that the City establish an Audit Committee as recommended by the firm of Crawford, Smith and Swallow and that the said Committee comprise: The Chairman and one additional member of the Finance Committee; a representative of the firm responsible for the City's audit; the Administrator; the City Treasurer~ and the Deputy Treasurer. Alderman Puttick suggested that the entire report of the auditor should be submitted to Council so that all of the members would be aware of the criticisms contained in the report, and the steps being taken to rectify same. The Acting Administrator indicated that Alderman Puttick~s suggestion should be referred to the auditing firm itself. Alderman Cummings questioned whether the report should be dealt with in formal session if it deals with personnel matters. Mayor Thomson indicated that contact would be made with the auditing firm to determine its feelings on the matter. ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that the report be received and adopted, and further that the firm of Crawford~ Smith & Swallow be contacted regarding submission of the entire report. Carried Unanimously. No. 874 - Actin8 Administrator - Re: Municipal Accounts. The report recommends payment of the municipal accounts. In response to a question raised by Alderman Cummings, the Equipment Superintendent explained that Cheque #~113 was for the purchase of batteries for the City fleet of vehicles~.~and none would be kept in storage. With respect to Cheque #]124, the City Treasurer advised that the payment was for damages that occurred during use of a City school on a permit from the Recreation Commission which assumed responsibility for the premises. The Commission would in turn attempt to recover the monies from the group holding the permit. . .... 4 -4- It was moved by Alderman Baker, seconded by Alderman Cunnntngs, that a report be prepared with respect to the damages that occurred during use of school property under a permit by the Recreation Commission. Carried Unanimously. It was then moved by Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 875 - Acting Administrator - Re: 4617 Erie Avenue. The report recommends that a lease agreement be entered into with the Salvation Army for the property known as 4617 Erie Avenue, and that monies be provided in the 1982 Operating Budget for minimum maintenance of the building until further action is approved by City Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 876 - Acting Administrator - Re: Former Bentley*s Sporting Goods, 4755 First Avenue. The report provides information on action taken by the City with respect to complaints received from area residents on the use of the subject property. Mayor Thomson explained that at the present time, the subject property cannot be used for anything other than residential purposes. Any change in this use would have to be approved by the Planning & Development Conunittee, Council and subsequently by the Ontario Municipal Board. The Mayor further explained that an order has been sent to the property owner with respect - to cleaning up and bringing the property into conformity with the zoning by-law. Further reports would be submitted to Council as staff monitored the situation. In response to further questions raised, Mayor Thomson stated that when staff had investigated complaints about the owner moving equipment into t~e building, the owner had stated that the equipment was to be used for renovating the building. Residents in attendance with respect to this matter expressed their concerns over the use of the property and provided additional information regardin~ the type of equipment being brought onto the property. The Deputy Solicitor advised that storage of equipment would not be a permitted use under the zoning on the property. Until such time as a City By-law Enforcement Officer determines that the property is not being used strictly in accordance with the zoning by-law, and specific evidence obtained, no prosecution can take place. The Deputy Solicitor further advised that if the property is found to be in contravention, charges can be laid and a Provincial Court would have Jurisdiction to hear the charges and make a determination on whether the owner is guilty. Following further comment, it was moved by Alderman Fern, seconded by Alderman Chessmane that t~e report be received and filed, that the appropriate City officials Investigate any further complaints of machinery being stored in the buildings that a report be prepared and submitted to Council, and ...... further that whatever action necessary be taken immediately. Carried Unanimously. No. 877 - Acting Administrator - Re: 1982 AppointMents to Boards, Commissions and C~mmittees. The report recommends that Council consider the necessary apoinr~ents to the various Boards, Commissions and Co~waittees, and that the actual appointments be made at the first meeting of 1982. ORDERED on the motion of Alderman Fera, seconded by Alderman Kerris, that the report be received and adopted. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cunmmings, seconded by Alderman Fera, that leave be granted to introduce the Eollowin~ by-laws, and the by-laws be read a first time: No, 81-315 -.A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No, 81=316 * A By-law to alter the boundaries of the Urban Service Area of the City, No, 81-317 - A By-law to authorize the sale of land to Robert D, Krueger and . ~ E. Krueger, ~,,. -5- No. 81-318 - A By-law to authorize the execution of a grant of easement from Niagara South Board of Education. No. 81-319 - A By-law to provide monies for general purposes. Carried with Alderman Puttick abstaining on a conflict of interest, and all others voting in favour. ORDERED on the motion of Alderman Fern, seconded by Alderman Kerris, that the following by-laws be now read a second and third time: No. 81-315 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 81-316 - A By-law to alter the boundaries of the Urban Service Area of the City. No. 81-317 - A By-law to authorize the sale of land to Robert D. Krueger and Ann E. Krueger. No. 81-318 - A By-law to authorize the execution of a grant of easement from Niagara South Board of Education. No. 81-319 - A By-law to provide monies for general purposes. Carried with Alderman Puttick abstaining on a conflict of interest, and all others voting in fayour. NEW BUSINESS PERSONNEL MATTER - LEGAL MATTER It was moved by Alderman Kerris, seconded by Alderman Baker, that as of February 1, 1982, the then City Solicitor, Mr. E.P. Lugfig, be authorized to retain Mr. H.R. Young to work on the completion of amendments to Zoning By-law 79-200 and other projects as Mr. Lustig directs at an hourly rate of $26.00, and that for the interim period that this recommendation is in force, a Deputy Solicitor not be hired by Mr. Lustig. Carried Unanimously. PERSONNEL MaTTER - THORNE, STEVENSON & KELLOGG REPORT The Acting Administrator recomme ,ded: 1) That the Thorne Stevenson and Kellogg report be received and filed; 2) That the existing schedule of ealaIy categories be retained; 3) That any future revisions which may be considered in the light of the Thorns Stevenson and Kellogg Study be accommodated within the existing salary schedule; 4) That any recommendations in the Thorns Stevenson and Kellogg report concerning salary adjustments, with the exception of the two positions which have been previously considered and endorsed by the full committee of Council, be deferred and considered in conjunction with the 1982 non-union salary discussions; and 5) That a system of merit recognition be prepared, based upon an on-going program of performance evaluation. Alderman Puttick stated that he was not totally opposed to the salary adjustment suggested for the Mayor's Secretary, however with respect to the other position involved in arenas, he did not feel there had been any evaluation to the effect there hadbeen any increase in duties. The Alderman felt it was unfair that certain individuals on staff were in more of a position than others to push harder for an adjustment. With respect to the actual report, Alderman Puttick sugSested it was ironic that the report was beinS received and flled~ which put things back to where they were before the study was started. Alderman Chessman stated that the report had recommended adjustments with respect to the two positions referred to by Alderman Puttick, and it h~d nothing to do with influence but the fact there had been a substantial change in duties, The Alderman felt any such chanSe had to be recognized in compensation. ~ vv -6- Alderman Puttick felt the actual report should be made public Bow that it had been dealt with by Council. Alderman Cheesman cormsated that the Thorns Stevenson & Kellogg report was meant to establish certain principles to guide Council when considering salaries for non-union employees, and the recommendations made would not decide all of the issues in the report. The Alderman indicated that the report was now a public document which anybody could read. Following further comment, it was moved by Aideman Cheesman, seconded by Alderman Merrett, that the reconnnendations of the Acting Administrator with respect to the Thorns, Stevenson & Kellogg report be adopted. The motion CArried with Aidemen Dilts and Puttick voting contrary, and all others voting in favour. PLANNING & DEVELOPMENT CO~fi~ITTEE APPLICATIONS Aideman Fera expressed his concern that occasionally, the Planning and Development Connuittee deals with applications for rezoning, where the applicant has already made the changes to the property, and was coming to the Committee for a rezoning after the fact. The Alderman felt that if Council is to have orderly and progressive planning of the community, this type of activity would have to stop. Nayor Thomson stated that the City cannot prevent people from doing things contrary to by-laws. The Nayor pointed out that some individuals will take such actions regardless of City by-laws, and that neither staff nor the Council could be responsible for the actions of these individuals. Nayor Thomson indicated that the only action the City can take, is to follow through on each individual cases and make use of the full measure of the law available to the City. RELOCATION OF FEDERAL BUILDINGS Alderman Puttick indicated that he had heard comments made recently regarding negotiations with Federal officials to have their offices located in the proposed office complex in the Downtown redevelopmeat scheme· The Alderman pointed out the importance of the Federal offices at the corner of Main Street and Peer Street, to t~e Main & Ferry business area, and expressed his concern that the offices not be relocated. Nayor Thomson indicated that negotiations had been held with Federal officials regarding relocation of their facilities into the Downtown scheme, however no c~nmit~ents had been made, particularly with respect. to the Main Street office. The Nayor commented that there were several members of Council on ~he project committees and that Council would be kept advised of any developments. APARTMENT COMPLEX - DRUMMOND ROAD Mr. S. PinSue stated that he had contacted the Building Department regarding obtaining a buildin~ permit for the footings of an apartment building on Drummond Road in order to qualify for M.U.R.B. grants prior to the end of 1981. Mr. Pingue indicated that originally he had planned to construct two buildings containing eighty-two units on the site, however it was now being changed to one building containing the same number of units. The property was zoned to permit the construction of the eighty-two unit building. A The Acting Administrator explained that the project was similar to the. proposal on Bruce Avenue, where it had been necessary for the owner to obtain a building permit for the footings prior to the end of the year in order to qualify for a M.U.R.B. grant. The Acting Administrator indicated that if the request was acceptable to Council, a motion could be made allowing Mr. Pingue to proceed by submitting a foundation plan only, and prior to any construction of the super-structure, a site plan would .be Submitted to and approved by Council. Aidemen Puttick stated that when the rezoning had been obtained on ~is property, there had been a resident on Portage Road who had made certain objections. The Alderman asked if this individual was aware that the project was being changed from two buildings to one. Nayor ~wmson indicated that this individual had sold his property on Portage Road. Mr. Pingue also stated that he did not believe this individual was aware of the chan~e, however it was pe~nitted under the zonin~ by-law. Additional information was provide~-~in respOnse to a number of questions raised by members of Council. - - 7- Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Fera~ that Mr. Pingue be allowed to proceed by submitting a foundation plan only, and prior to any construction of the super structure, a site plan be submitted to, and approved by Council. Carried Unanimously. CHRISTMAS WISHES Nayor Thomson, members of Council and staff exchanged Christmas wishes and expressed their hopes for a successful New Year. It was moved by Alderman Merrett, seconded by Alderman Kerrio, that the meeting adjourn. Carried Unanimously. · . . ~ . . MAYOR WAYNE THOMSON