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Minutes1976FIRST MEETING Council Chambers January 5, 1976 REGULAR MEETING Council met on Monday, January 5, 1976, at 7:30 p.m., for the purpose of considering general business. All Members of Council were present with the exception of Aldermen Crowe, Michael, Puttick and Stewart. Alderman Thomson offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the minutes of the meeting of December 22, 1975, be adopted as printed. DEPUTATIONS REFRESHMENT VEHICLES ORDERED on the motion of Alderman Thomson, seconded by Alderman Smea.ton, that the Deputation be tabled for consideration later in the meeting. UNFINISHED BUSINESS AM-33/75, W. MOLODYNIA ON MAIN STREET Report No. 719 - Planning & Development Committee - The Committee recommends that the application be denied on the basis that there is no need to extend the Tourist Commercial designation at this particular time. The City Clerk advised that the solicitor for the applicant has requested that the application be tabled until January 26, 1976. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann, that the report be tabled until January 26, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report dealing with the 1975 Local Improvement Program be brought forward for consideration at this time. REPORT No. 1 - City Manage~ - Re: 1975 Local Improvement Program. The report advises that as a result of meetings held with residents of Harrima~ Street, the objections to the works proposed have been withdrawn by petition, and the residents wish the work to proceed. It is further advised that following discussloDs with represen- tatives of the Ontario Municipal Board, and meetings with residents of Prior CreScent, the course of action to be taken would be to delete the works on Prior Crescentsfrom the current by-law and re-initiate the storm sewers only, under a new by-law. It is recommended that Item 8 of Schedule '~" to By-law 75-226 be deleted, and that the balance of the works proposed be submitted to the O.M.B. for approval. It is further recommended that a by-law be prepared to authorize the installation of storm sewers on Prior Crescent under Section 11 of The Local Improvement Act. Since the Prior Crescent program was originally initiated in conjunction with the 1975 Program, it is suggested that Council. my wish to make an exception and provide for the $2.00 rate for residents of Prior Crescent. Alderman Mann expressed his concern regarding the condition of the roadway on Prior Crescent after construction of the storm sewers only. The Municipal Works Director advised that in accordance with the contract documents, the roadway will be restored to its original condition. Alderman Schisler felt that Council should not make an exception under the 1976 policy by charging the residents $2.00 per foot frontage instead of $4.00. .It was moved by Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted, and that the residents of Prior Crescent be charged for the work at the rate of $2.00 per foot frontage. The motion p~rried with Alderman Schisler voting contrary, and all others in favour. CO~4UNICATIONS No. i - Messrs. Cricenti, Dawson and Spadafora - Re: Huntin8 Boundaries in Niagara Falls. The communicatio~ requests that CoUncil consider expandin~ the present - 2 - hunting boundaries in Niagara Falls to the former boundaries. It was advised that the signatures of 296 hunters have been given in support of this request. NOTE: Alderman Harrigan arrived at the meeting. Several Members pointed out that this issue was debated by Council at great length in the early part of 1975, and it was felt that further discussion on the matter could possibly result in a complete ban of hunting in the City. The question of any change in the existing boutaries was discussed by Council at length, and following the discussion, it was moved by Alderman Mann, seconded by Alderman Schisler, that the conmunication be received and filed, and that the existing by-law remain in effect. The motion Carried with Aldermen Fera and S~eaton voting contrary, and all others in layout. No. 2 o Mr. &Mrs. W. Gerber and Mrs.&Mrs. H. Gerber - The con~nunication requesti ~ that the name "Main Street Chippaws" not be changed. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the communication be referred to the planning & Development Committee for their consideration. No. 3 - J. & G. Bielinrms - The communication advises of the objection to the Region's proposed organic residue recovery site. Attached to the communication is a petition signed by 144 area residents, in objection to the proposal. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that the communication be referred to the Regional Municipality of Niagara, and further that the residents be advised of the Region~s proposed public meeting. No. 4 - Regional Municipality of Niagara - Re: proposed Site for Processed Organ! Residue. The con~nunicatton advises of a meeting of the Regional public Works & Utilities Committee on January 15, 1976 at 2:00 p.m., at which time the Committee will hear presentations by affected property owners and other interested parties.! Alderman Thomson stated that this meeting was not a public meeting~ but a meeting of the Committee which interested parties can attend. Regional Counttilt. Mitehelson explained that it was a special meeting of the Committee to allow residents an opportunity to meet with the Committee on this matter. He further explained that there would be a public hearing by an environmental board, at which time the residents could express their objections to the proposal. Alder~ Schisler expressed his concern over notification to residents of the meeting, the City Clerk suggested that the communication could be tabled for one week, ee enable clarification on these points to be obtained from the Region. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the c~mmunication be tabled for one week, pending additional information. No. 5 - Regional Municipality of Niagara - Re: Application to Ontario Ministry Natural Resources - Lioence of Occupation of Water Lot and Application to Transp~i Canada for permission to construct a bridge over the Welland River. The communication advises of the applicati~nsFmde regarding the construction of a bridge over the Welland River. ORDERED on the motion of Alderman Mann, seconded by Alderman .Thomson, that the communication be received and filed. No. 6 - Premier William Davis - Re: Meeting to discuss the need for provincial s~ Muniaipal spending constraints. The communication advises of a meeting to be on January 20/76 in Hamilton between representatives of Provincial and municipal governments, and representatives from the school boards of Peel, Hamilton-Wentwe~ Niagara and Haldimand-Norfolk Regions, on spending constraints in 1976. ORDERED on the motion of Alderman gchisler, seconded by Alderman Mann, that the City Manager, Deputy City Treasurer, and all interested members of Council, be authorized to attend the meeting. No. 7 - Ukrainian Canadian Community - Re: Canadian Independence Week. The communication requests that Council proclaim the week of January 22-29, 1976 as Ukrsiniau Independence Week, and permit the flying of the Ukrainisn Flag at , city Hall. Members of Council are invited to attend the flag raising ceremony at 10:00 a.m. on January 22, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the requests be approved, subject.to the usual conditions. No. 8 - Nis ara Re ions1 Health Unit - Re: Vital Encephalitis. The coumxunicatie~ advises of ~e met[ods availshie to deal with mosquito control, in order to ' establish preventive and detective measures against viral encephalitis in 1976. ~ORDERED on the motion of Alderman gchisler, seconded by Alderman Smeaton~ that the connunication be referred to staff for the preparation of a r~port. No. 9 - Rotary Club of Niagara Falls - Re: Minor Hockey Skate-a-then. The communication extends an invitation to members of Council to skate in the Minor Hockey Skate-aothon at the Jack Bell Arena on January 31, 1976, to support Minor Hockey and charities maintained by the Rotary Club. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann, that Alderman 0rr be appointed as Council's "Team Captain", and organize a team to attend the function. REPORTS No. 2 - City Clerk - Re: AM-26/75, N. D'Ascenzo. The report advises that as a result of circulating a copy of the by-law containing the zoning amendment, Notice of Application and an Explanatory Note, one objection has been received. ORDERED on the motion of Alderman Mann, seconded by Alderman Schis let, that the objection be forwarded to the Ontario Municipal Board. No. 3 - City Manager - Re: Easement Agreement with Ontario Hydro for the 84-Inch Storm Sewer on Ontario Hydro Easement and Stanley Avenue. The report recommends that the by-law authorizing the execution of an Easement Agreement with Ontario Hydro, with the suggested amendment to Condition ~19, be given the necessary readings. The City Clerk requested that the report be withdrawn until clarification from Ontario Hydro is received on Condition #19. ORDERED on the motion of Alderman gmeaton, seconded by Alderman Thomson, that the report be withdrawn. No. 4 - City Manager - Re: Street Name - Mount Forest Subdivision. ~The repo~t recommends that s by-law be passed to establish the roadway connecting the Mount Forest Subdivision street pattern to Moatrose Road, and name 'the roadway Scholfield Street. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr, that the report be received and adopted. No. 5 - City Manager - Re: Holiday Closings for Retail Businesses. The report provides information on the recently passed Retail Business Holidays Act, 1975 (Bill 5). According to the Act, the Regional Municipality of Niagara is given authority to pass by-laws exempting parts of its area municipalities from the provisions of the Act. It is recommended that a Committee be established, comprising representatives of City staff, City Council, the Chamber of Commerce and the N.R.T.A. to meet with Regional officials to draft a simple method of processing applications for the granting of exemptions. Alderman Thomson advised that he was not opposed to the establishment of a committee, but felt that exemptions under the Act should be a local responsibility. Me pointed out that Niagara Falls was a unique exception, due to its highly tourist-oriented industry. Alderman Mann felt that the cha in "corner stores" should not be exempt under the Act. Although these stores have less than the specified square footage, the total number of these stores in the City exceed the limit. He also pointed out that this type of store generally sold merch- andise at 20%-30% higher than prices charged in larger store~. Alderman Smeaton felt that this legislation would only add to the present problem of unemployment, and stated that many people are willing to work on Sundays. Mr. K. Milne of the Chamber of Conmerce was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Thomson. Mr. Milne pointed out that there are a number of stores in the Clifton Hill-Centre-Falls Avenue area that sell goods not exempt under the Act, but are located in the tourist areas. He advised that the owners of these establishments had expressed concern over this matter, and had requested a clarification. In response to a question raised by His Worship, Mayor Bukator, Mr. Milne advised that he would be willing to serve on the propOsedecommittee. Mayor Bukator suggested that the City Manager should contact persons who would be willing to serve on the Cuu~ittee. Aldermen Mann, Smeaton and Thomson indicated they would serve on the Committee. Following further discussion, it was moved by Alderman Smeaton, seconded by Alderman O~r, that the report be received and adopted, and that staff be authorized to contact persons interested in serving on the committee. It was then moved by Alderman B~rriSan, seconded by Alderman Orr, that the City Clerk prepare a resolution p~titioning the provincial Government to allow a three to six mon~h waiting period in order to determine the exemptions to be allowed, prior to prosecutions bein~ made under the Act. Both motions Carried unanimously. NOTE: _.Alderman ameston retired from the meeting. - 4 - No. 6 - ~' Re: Municipal Licenoes. Recommending approval of Municipal Fern, that the Licenoes. ORDERED on the motion of Alderman Schisler, seconded by Alderman report be received and adopted, and the licenoes granted. No. 7 - City Manager - Re: Municipal Accounts. Recommending p~yment of municipa! Schisler, that accounts. ORDERED on the motion of Alderman Thomson, seconded by Alderman the report be received and adopted- DEPUTATION REFRESPRMENTVEHICLES Report No. 8 - City Manager ' The report advises that an application has been received from Mr. S. Bschs to operate a refreshment vehicle. It is further advised that Messrs. B. Sorenson and E. Stewart have requested an opportunity to speak to Council in conjunction with the issuance of a licerice- FAr. B. Sorenson was granted permission to address Council on the motion of Alderman M~nn, seconded by Alderman Thomson. Mr. Sorensen was of the opinion that there were too many licenoes issued in the City for refreshment vehicles. He advised that two years ago, there were only seven, and in 1975thirteen licenoes were issued. He felt that there should be a limit on the number of licenoes issued. Alderman Thomson pointed out that it is a free enterprise system, and if Council were to limit the number of licenoes for refreshment vehicles, it could lead to restrictions on restaurants and other Businesses- ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the licence to operate a refreshment vehicle be granted to Mr. S. Baths. RESOLUTION' No. 1 - HARRIGAN - MANN - RESOLVED THAT WHEREAS the harmful effects of tobacco smoke upon the human body have now been well established; and WHEREAS it is often impossible for a non-smoker toavoid inhaling the tobacco smoke created by others; and WHEREAS the majority of people are non-smokers and have the ri~h.t to express their discomfort and adverse reaction to tobacco smoke; and WHEREAS everyone should have the right to breathe clean air, free from the harm}'! and irritating effects of tobacco smoke and the right to breathe clean air should supersede the right to smoke; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls express its concern to the Minister of Health for the province of Ontario and the Government of Canada', regarding the harmful effects of tobacco smoke on non-smokers and request that he undertake an investigation to determinl~ an acceptable manner of controlling smoking in public places; AND the Seal of the Corporation he hereto affixed. Carried Unanimously BY-LAWS .... ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, Lthat the following by-law be no~ read a third and final time: No. 75-234 - A By-law to amend By-law No. 73-249 to authorize the erection of arena in the former Township of WillOughby. Carried ~nanimously~ ORDERED on the motion of Alderman Schisler, seconded by Alderman MAnn, that be granted to introduce the following by-laws and the by-laws be given a first reading: No. 76-1 - A By-law to authorize the borrowing of $4,000,000.00- . No. 76-2 - A By-law to provide for the designation of school bus loading zones.~ No. 76-3 - A By-law to amend By-law No. 3790, being a By-law for the regulation ...... of traffic. (Parking Prohibition - Willoughby Drive) No, 76-~ - A By-la~ to authorize th~ sale of land. (R. Shayslier) No. 76-5 - WITHDRAWN No. 76-6 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Harrigan, seconded by Alderman Mann, that the following by-laws be now read a second and third time: No. 76-~ - A By-law to authorize the borrowing of $4,000,000.00. No. 76-2 No. 76.-3 - A By-law to provide for the designation of School Bus Loading Zones. - A By-law to amend By-law No. 3790, being a By-law for the regulation of traffic. (Parking prohibition - Willoughby Drive) No. 76-4 - A By-law to authorize the sale of land. (R. Shavalier) No. 76-5 - WITHDRAWN No. 76-6 - A By-law to provide monies for general purposes. Carried Unanimousl~ NEW BUS INESS PARKING - DORCHESTER ROAD Alderman Thomson advised of a matter referred to him by the Pastor of St. Thomas-More Church regarding parRing problems on Dorchester Road. The Church provides sufficient on-site parking for people attending the services and functions, but people park their cars on both sides of Dorchester Road in front of the Church, creating a traffic hazard. The Church is requesting that parking be prohibited on the east side of Dorchester Road from the southerly limit of the Hydro right-of-way south of the Church to the northerly limit of the Hydro right-of-way north of the Church. It was moved by Alderman Thomson, seconded by Alderman Schisler, that the Regional Municipality of Niagara be requested to institute a parking prohibition on this section of Dorches tar Road. The motion Carried unanimously. MEETINGS WITH REGIONAL COUNCILLORS Alderman Thomson suggested that meetings be held periodically with the Regional Councillors representing Niagara Falls, in order to discuss items of interest to both the City and the Region. He felt that this typ~ of meeting could clear up misunderstandings and differences of opinion that occasionally occur on some issues. It was moved by Alderman Thomson, seconded by Alderman Schisler, that periodical meetings be held with the Regional Councillors representing the City of Niagara Falls, prior to Council meetings in order to discuss matters of mutual interest to the City and the Region. The motion Carried unanimously. RESOLUTION OF THANKS AND CONGRATULATIONS h' lit was,-moved by Alderman Marrigan, seconded by Alderman Thomson, that a resolution be sent to FIr. Donald Wallace, former Alderman of the City of Niagara Falls, thanking him for his contribution to the City, and expressing congratulations upon his appointment as au~gdgetof the Provincial Court. The motion Carried unanimously. PARKING ON DESSON AVENUE Alderman Fern advised that he had received a call from Father Michetti of St. Ann's Church regarding the removal of parking on Desson Avenue. Apparently only one resident had complained about the parking of cars, and the other residents felt that parking should be allowed on Desson Avenue. It was moved by Alderman Fern, seconded by Alderman Orr= that a report be submitted at the next Council meeting regarding the arking on Desson Avenue. The motion Carriep. unanimously. ~. It was moved by Ald adjourn. · Aldermen O~r, that the meeting MAYOR S._ECOND MEETING Committee Room ~1 January 12, 1976 Council met in Committee of the Whole at 7:00 p.m. on Monday, January 12, 1976. All Members of Council were present with the exception of Aldermen Michael and Puttick. Alderman Thomson presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ,.~a~&AAA.~., READ AND ADOPTED, MAYOR ' PP~WV.,~wm ' Council Chambers January 12, 1976 Council met on Monday, January 12, 1976 at 7:30 p.m. for the purpos'~ qf considering general business. All Members of Council were presen~ with the exception of Aldermen Michael and Puttick. His Worship, Mayor Bukator presided as Chairman. Alderman Thomson offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Aideman Smeaton, that the minutes of the meeting of January 5, 1976, be adopted as printed. DEPUTATIONS PROPOSED GRADE SEPARATION - THOROLD STONE ROAD His Worship, Mayor Bukator advised that he had requested Mr. McKay of De Leuw Cather to make this presentation to the Niagara Falls Council, following their presentation to the Regional Public Works & Utilities Committee. It was moved by Alderman Thomson, seconded by Alderman Smea~on, that Mr. William McKay of De Leuw Cather be granted permission to address Council. Mr. McKay introduced his firm's senior Traffic Engineer, Mr. John Ashby. He ~rQceeded to explain the existing conditions at the crossing, and advised that there are twenty trains using this crossing daily, with an annual average daily traffic rate of 15,000 cars per day. This provides an exposure index of 300,000 (vehicles per day times the trains per day), and any crossing with an index over 150,000 warrants a grade separation. It was pointed out that the timing of the proposal was dependant upon the completion of the Regional Road Needs Study, and its position in Regional priorities. Mr. Ashby continued the presentation and explained that the suggestion in both schemes is that Canadian Ohio Brass employees will leave by an access on Sinnicks Avenue, and employees of Bright's Canning will be provided with a means of access to be realigned opposite Sinnicks. This will create a four-way intersection requiring traffic signals. In view of the number of accidents in the past at the Sinnicks - Thorold Stone Road intersection1 the installation of traffic signals will improve the situation. A four-lane structure, whether underpass or overpass, will satisfy the projected traffic volumes, based on a twenty-year design period. It was anticipated that the construction of such a structure would create generalized improvement at the Stanley Avenue and Portage Road intersections with Thorold Stone Road. Turning lanes would be provided for easthound vehicles turning on to Sinnicks. Mr. McKay briefly outlined the two schemes des igned. SCHEME ONE provides for an overpass centred on the existing right-of-way. The design criteria is based on an urban arterial roadway with a design speed of 40 m.p.h., two lanes in each direction with an exclus ire left turn lane from Stanley to Sinnicks, over the structure. A-sidewalkwill'bd constructed on the left side only. Land acquisition will require minimum frontage from the town house development on Sinnicks, the purchase of two residential dwellings, the purchase of the Sander Oil property, as well as property from the existing motel and the Polish Legion. The truck entrance to Lubrizol will be realigned, and the Thorold Stone Road entrance will be for staff parking. Frontage will also be required from Brtght's Canning. Allowance has been made for one additional future railway track. -2- SCt~ TWO provides for an underpass under the existing railway. There will be two lanes of traffic in each direction, with a sidewalk on the north side at a slightly higher profile for convenience and safety. A boulevard will be provided on the south side. A raised median will be required to enable construction, and will develop into a left-turn lane for access to Ohio Brass. Basically the same property will be required from the town house and the two residential properties. Property will be required from Sauder Oil, but due to the difficulties of approac!~{ acquisition of any frontage from the polish Legion will be avoided. In a cost comparison, Scheme One is more expensive due to the length of the approaches. storm sewer on the underpass will be more expensive due to a pumping situation. There is s marginal difference in the structures. Utility relocation cost is the ssme. The underpass is more expensive in the retaining wall for the elevated sidewalk. The basic difference is due to the high embankments needed from Thorell Stone Road on Scheme One. The total estimated costs are $1.948 million for the overpass, and $1.746 million for the underpass, based on present construction cos: 'In view of the cost, property acquisitionand"operational-reasons, the underpass Scheme Two is reconmended. Mr. McKay and Mr. Ashby provided additional informatiz to members of Council in response to numerous questions raised. Following furthe discussion, it was moved by Alderman Thomson, seconded by Alderman Harrigan, that Council endorse in principle Scheme Two, and that the Regional Municipality of Niagara be advised accordingly. The motion Carried unanimously. UNFINISHED BUSINESS PROPOSED SITE FOR PROPOSED ORGANIC RESIDUE Report No. 8 -.City Manager - The report advises of the notification to objector~ by the Region, of the Public Works & Utilities Committee meeting on January 15, 1976. Communication No. 4 - Regional Municipality of Niagara - Advising of a meeting of the Public Works & Utilities Committee to hear presentations by affected props owners and other interested parties. ORDERED on the motion of Alderman Mann, seconded by Aldermen err, that the repor~ and communication be received and filed. HOLIDAY CLOSINGS FOR RETAIL BUSI~SSES Report No. 9 - City Manager - The report advises of the establishment of a speci~ connnittee to draft a method of processing applications requesting exemption from the Act. Representatives of the City, the Region, the Chamber of Connnerce, the N.R.T.A., Aldermen Mann, Smeaton and Thomson, together with His Worship, Mayor Bukator will be in attendance at the first meeting scheduled for January 14, 197t at City Hall. It is recommended that the membership of the Co~nittee. be confir~ and the report received and filed. His Worship, Mayor Bukator suggested that Mr. Don Wilson of the Niagara Par~' Commission also be appointed as a member of the committee. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Fera~ that Fir. Donald Wilson of the Niagara Paths Ccn~nission also be appointed to this Committee. ORDERED on the motion of Alderman Fare, seconded by Alderman Stewart, that the membership of the Committee be confirmed, and that the report be received and filed. : REPORTS No. 10 - City Manager - Re: AM-44/74, Gulf Oil Canada Ltd., Dorchester and McLee~ · Roads. The report recommends that assuming Council is of the same opinion that this application be denied, that the Ministry of Housing be advised that Council' continue it8 opposition to this change in zoning. Mr. A. Sheppard, solicitor for the applicant, was granted permission to address Council on the motion of Alderman Smeaton, seconded by Aldermen Orr. Mr. Sheppard advised that he was not sure why the matter had been placed on the agenda, other than the possibility that Council would dispose of the matter at the meetins. In view of the two different positions taken by Council, and the increased patronage of self-serve gas stations, Mr. 8heppard hoped that Council would resolve thematter. It was moved by Alderman Marrigan, seconded by Alderman Smeaton, that the Ministry of Housing be advised that Council will continue its opposition to the change in zoning. The motion Carried with the following vote: AYE: Aldermen Fera, HarriSan,Orr, gmea~,Stewar~ and Thomson. NAYE: Aldermen Crows, Harm end gchisler. - 3 - No. 11 - City Manager - Re: Workmen~s Compensation. The report advises that the Commercial Union Group has withdrawn from Excess Coverage Insurance as of January 1, 1976, and that this coverage is not available from any other carrier. It is recommended that despite the withdrawal of the existing insurance, that the City continue to participate in Schedule II of the Workmen's Compensation Act, but that a reserve be built up on the basis of $10,000 per annum to guard against any large claims. The Personnel Officer provided further information in response to questions raised. ORDERED on the motion of Alderman S~hi~ler, seconded by klderman Thomson, the report be received and adopted. that No. 12 - City Manager - Re: By-law 75-37, Acquisition and Clearance of Land - Glenview Redevelopment Area. In view of the fact that that the purchase price of the lands to. be acquired will exceed the amounts enumerated in By-law 75-37, it is recommend that further processing of the by-law be discontinued, and that a new by-law be prepared incorporating the acquisition of land proposed under By-law 75-37, as well as any further acquisition of lands originally proposed for the years 1976 and 1977. ORDERED on the motion of Alderman Crows, seconded by Alderman Fern, that the report be received and adopted. No. 13 - City Manager - Re: By-law 75-235, Acquisition of Land - Woodbine" Redevelopment Area. In view of the fact on two of the properties t~ be acquired one dwelling has been destroyed by fire, and the second demolished, the cost of acquiring the remaining parcel of land will be approximately $3,000. Since · the by-law provided that the City's net share would amount to $25,000, it is recommended that the processing of By-law 75-235 be terminated and that negotiations be continued for the acquisition Of the property, with the City~ share being included in the current year's Operating Budget. ORDERED on the motion of Alderman Crows, seconded by Alderman err, that the report be received and adopted. No. 14 - City Manager - Re: Interim Tax Levy 1976. The report recommends that the by-laws providing for an interim levy of taxes for 1976, and providing for the collection of interim taxes for 1976 be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. See B~-lew No. 76-7 See By-law No. 76-8 No. 15 - City Manager - Re: Parking on Desson Avenue. The report provides background information leading to the prohibition of parking on Dess on Avenue. The prohibition resulted in a loss of twelve parking spaces. It is suggested that Council has three alternatives: a) Return to the previous conditions; b) Prohibit parking on both sides of Desson at both Spring and Forsyth for approximately 75-feet to accommodate the turning of private and emergency vehicles; or c) Lea~e as is. Alderman Fera felt that since only one person had complained about the parking of cars, the parking should be reinstated. He pointed out that there were not only cars parking on Sunday, but on Wednesdays and Saturdays as well due to other Church functions. Alderman Mann stated that due to the narrow width of the street, parking of cars make it very difficult for emergency vehicles, as well as private vehicles to turn on to Desson. He suggested that parking could be allowed on Sundays. Following further discussion on the matter, it was moved by Alderman Fare, seconded by Alderman Smeaton, that parking be reinstated on Desson Avenue. The motion was Defeated with the following vote: AYE: Aldermen Fare, err, Smeston and Thomson. NAYE: Aldermen Crows, Harrigan, Mann, Schisler and Stewart. It was then moved by Alderman Crows, seconded by Aldermen Harrigan, that the parking prohibition remain in effect, and that the report be received and filed. The motion Carried with the following vote: AYE: Aldermen Crows, Marrigan, Mann, Schisler and Stewart. NAYE: Aldermen Fare, 0rr, Smeaton and Thomson. No. 16 - City Manager - Re: Parking on Dorchester Road. The report recommends that Council request Regional Council to prohibit parking at all times from the easterly side of Dorchester Road from the southerly limit of the Hydro right-of-way south of St. Thomas More Church to-the northerly limit of the Hydro right-of-way north of the Church. In response to a question raised;by Alderman Thomson, the Director of Municipal Works explained that the prohibition of parking in this area could result in requests for further parking prohibitions on other sections of Dorchester Road- It was felt that rather than dealing with other sections at this time, the area in question could be dealt with, and consideration given on other areas, if and when petitions are received. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. No. 17 - City Manager - Re: Appointments to Boards & Commissions - 1976. The report advises of the appointments to be made during the current year, and recommends that the appointments be delayed until all members of Council have returned fromvacation, and until the vacancy created by the resignation of former Alderm~n Wallace ]ms been filled. It is also recommended that the by-law extending the terms of appointments which terminated on December 31, 1975 until replacements have been appointed be given the necessary readings. ORDERED on the motion of Alderman Crows, seconded by Alderman Harrigan, that the report be received and adopted. See By-law 76-11 NOTE: Alderman Mann was absent when the vote was taken on this matter. No- 18 - City Manager - Re: Ontario Good Roads Association Annual Conference. The report recommends that two members of the Engineering staff be authorized to attend the O.G.R.A. convention in Toronto from February 23-25, 1976; that one member of Council be authorized to attend the convention; and 3) that as many members of Council as possible attend the one-day seminar for Councillors on February Z3, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the report be received and adopted, and that Alderman Stewart be authorized to attend the annual con£erence. NO~E: Alderman Mann was absent when the vote was taken on this matter. No. 19 - City Manager - Re: Breakdown of permits issned by the Building and Development Department for the month of December, 1975. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crowe, that the report be received and filed. No. 20 - City Manager - Re: 1975 Building Summary. The report provides . statistics and information on the 1975 construction year. .... ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that Council extend its thanks to the members of the Building & Development Dept., and the construction indnstry for the%r accomplishments in 1975, and that the report be received and filed. No. 21 - City Manager - Re: Municipal Accounts. Recon~nending payment of the municipal accounts. The City Manager provided an explanation on ChequeS and #01~22 in response to a question raised by Alderman Schisler. ORDERED on ths motion of Alderman Schieter, seconded by Alderman Id~nu, that the report be received and adopted. RESOLUTIOI~ · No. '.2 - HARRICAN - eRR - RESOLVED THAT WREREAS the proviucd of Ontario recently enacted The ~etail Business Holidays Act, 1975; and W~P, EAS the said Act provides that retail stores must remain closed on Sundays, with the exception of certain types of retail businesses specifically exempted by the said Act; snd WHEREAS the Act, as it is presently written, prohibits the opening on Sundays of retail stores catering primarily to the tourist industry; and WHEREAS the innediate and strict enforcement of the provisions ef the Act will impose severe economic hardship on those retail estahlishments caterin~ to the tourist industry; and WHEREAS the City of Niagara Falls hosts an estin~ted m,mher of twelve to fifteen million visitors each year; and WHEKEAS it is of utmost necessity that those retail Stores which service the tourist industry be allo~ed to remain open on Sundays; NOW THEREFORE BE IT RESOLVED that the Rosenotable J. l~cBeth, Solicitor-General of the Province of Ontario, be requested to provide a three to si~ months period o{ Srace prior Co the enforcement of The Retail Business Holidays Act in order to allow the ~unicipality sufficient time to process the passing .by-~aws exemptinS from the provisions of the Act those retail establishments - 5 - within the City of Niagara Falls that are required to provide the service essential for the maintenance and development of the tourist industry; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Regional Municipality of Niagara for endorsation; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 3 - HARRIGAN - THOMSON - RESOLVED THAT WHEREAS the City Council has received with regret the resignation of Mr. Donald Wallace as an Alderman of the City of Niagara Falls; and WHEREAS during his tenure as an elected representative, Mr. Wallace rendered outstanding service to the citizens of the City; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls convey their sincere appreciation for his services to the Municipality; AND FURTHER that the Council extend their best wishes to Mr. Wallace on his appointment as a Judge of the provincial Court; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ BY-lAWS ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that leave be granted to introduce the following by-laws and the by-laws be given a first reading: ~ No. 76-7 - A By-law to provide for an interim levy of taxes. No. 76-8 - A By-law to provide for the collection of interim taxes for the year 1976. No. 76-9 - A By-law to amend By-law No.75-124 to provide for the appointment of municipal officials. No. 76-10- A By-law to authorize the construction of a storm sewer on prior Crescent~ as a Local Improvement. No. 76-11- A By-law to provide for continuing of certain appointments to Boards, ' Commissions and Committees. No. 76-12- A By-low-to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman ~tewart, that By-law No. 76-10 be tabled. Carried UnanimousiX ORDERED on the motion of Alderman Thomson, seconded by Alderman err, that the following by-laws be now read a second and third time. No. 76-7 - A By-law to provide for an interim levy of taxes. No. 76-8 - A By-law to provide for the collection of interim taxes for the year 1976. No. 76-9 - A By-law to amend By-law No. 75-124 to provide-~for :the appointment of · NoL 76-11- A By-law to provide for continuing of certain appointments to Boards, Commissions and Committees. No. 76-12- A By-law to provide monies fur general purposes. . Carried Unanimousl~ NEW BUSINESS. EXPANSION OF MARINELANDAND GAME FARM Alderman Mann referred to the press release regarding the expansion of Marineland to include a safari animal operation. The Alderman stated that he had inquired several months ago as to whether there were any negotiations in which the City was involved regarding Cotfield Road. His main concern was the possibility of the railway tracks servicing the Norton plant, the Carborundum and the Industrial Park being telcoated as a result of the expans ion. Alderman Crowe leointed out that access to Chippawa was extremely difficult in the summer months, and - 6 - suggested that a report be brought in outlining measures to facilitate the flow of traffic to Chippaws until other schemes come to fruition. Alderman Thomson advised that the property in question is zoned to permit this use, and no approvals are required for the expansion. He also pointed out that Marineland was a major tourist attraction in the City, and provides consider- able employment during the tourist season. His Worship, Mayor Bukator advised that meetings have been held at the Regional level on traffic problem in the area, and that consultants have been engaged by the Region to carry out a study. The possibility of an underpass was mentioned at the meeting, as well as alternate routes of access to Chippaws. The Mayor also advised that public meetings would be held, and that Corfield Road could not be closed without the permission of Council. The Director of Municipal Works advised that staff could not provide any additional information until the consultant's report was presented. Any effect on the Norton Company, Carborundum and the railway tracks will form part of the report. LOCATION OF BUS STOPS Alderman Thgmson referredto acomptaint.mede.!several years agO on theitocation of a bus stop at the intersection of Bridge Street and Stanley Avenue. This bus stop w~s located very close to the intersection, and vehicles attempting to turn on to Bridge Street from Stanley were delayed. He further advised that he had received other complaints regarding a similar problem at various other intersections in the City. It was moved by Alderman Thomson, secmded by Alderman Mann, that the matter be referred to the Transit Commission, in order to determine the number of bus stops located close to intersections, if such bus stops create a safety hazard, and recommendations on a possible solution to the problem. The motion Carried unanimously. OUTDOOR SKATING RINK Alderman Thomson advised that he had visited an outdoor skating rink located at Hyde Park in Niagara Fall~ New York. The possibility of a similar facility had been suggested to the Alderman, to be located in the soccer field of Oakes Park. Since lighting has been installed at the park, as well as the construction of the change houses the in~allation, of. an-outdoor.r~nk could be ideal. The Alderman suggested that staff investigate this possibility, in co-operation with the Recreation-.Conmission, and obtain costs from Niagara Falls, New York on ~he.~meintensnce of their facility. MEETING WITH PREMIER DAVIS - PROVINCIAL & MUNICIPAL SPENDING CONSTRAINTS His Worship, Mayor Bukator inquired if any members of Council would be attendin~ the meeting with Provincial representatives on the need for provincial and municipal spending constraints in 1976. The meeting will be held on January 2~. 1976 in Hamilton. Alderman Schisler advised that he would be attending the meeting. The meeting adjourned. MAYOR THIRD MEETING Committee Room #1 January 19, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, January 19, 1976. All Members of Council were present, with the exception of Alderman gmeaton. His Worship, Mayor Bukator presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR Council Chambers January 19, 1976 Council met on Monday, January 19, 1976 at 7:40 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Smeaton. His Worship, Mayor Bukator presided as Chatrmam. Alderman Harrigan offered the Opening Prayer. ADOPTION OF MINUTES Alderman Schisler advised that his name should be shown as voting contrary to the first reading of By-law No. 76-10 at the meeting of January 12, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the minutes of the meeting of January 12, 1976, be adopted as corrected. DEPUTATION AMENDMENTS TO NIAGARA ESCARPMENT COMMISSION'S DEVELOPMENT CONTROL AREA Report No. 22 - City Manager - The report advises that representatives of the Regional Planning Department and the Niagara Escarpment Commission will be in attendance to provide an explanation of the proposed revisions. Mr. K. Kelly of the Niagara Escarpment Commission was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Fete. Mr. Kelly advised that the representatives from the Regional Planning Department would be making the presentation on the proposed amendments, and that he would provide any information requested by Council from the Commisaion's point of view. The amendments are those proposed by the Region, and will be submitted to the Commission for review prior to an official position on the amendments being taken. Mr. C. Cambray and Mr. E. Murphy of the Regional Planning Department posted maps in the Council Chambers which indicated the proposed boundary changes. It is proposed that lands to the north of Mountain Road and east of the Q.E.W. be included in the Development Control Area, and that lands south of Mountain Road and west of the Q.E.W. be deleted. The recommended changes will provide that the Development Control boundary conforms with the escarpment physical feature area, and provide for a continuous natural feature from Tobermory through to Queenston. Alderman Thomson was concerned over the fact that the lands to be included in the Control Area were under consideration for development. Mr. Cambray advised that in proposing the amendments, the Regional Planning Department had tried to stay away from existing urban development areas, and the recommendations did not include any lands shown in the City's Offlcial Plan for urban uses. Alderman Puttick referred to the continuous line suggested for the Control Area, and pointed out that the additions include a quarry and reservoir. Mr. Cambray explained that the quarries did pose a problem, but were related to the physical feature area. Regional Councillor Keighan advised that when the original boundaries were being studied, all development in the area was delayed until the Control Area was established. Persons wishing to develop their property proceeded on that basis. When the proposed amendments were first discussed, no notification had been given to the affected property Mere, and now that Council is again considering the matter, notification again was not given. Mr. Kelly of the Escarpment Commission pointed out that because lands are included in the -2 - Development Control Area, it does not mean that development of a plan of subdivision would be prohibited. Assumin~ that the municipality, as well as all other agencies involved, concur with the development, it could proceed, and upon registration of the plan, it would be exempted from Development Control. Mr. D. MarineIll advised that he represented the Calaguiro Bros. who own a substantial portion of the lands to be included in the Development Control Area. He stated that his clients had not been notified by the Region of these proposed amendments, and in view of the fact that they presently had a rezouing application to be considered by the Planning & Development Committee, he felt the amendments would be prejudicial to their interests. The Calaguiro Bros. had proceeded with their development on the basis that their lands would not be included in the oppose~ the amendments a~d notify'the; Control Area. He requested.that Council .. · ..... ·---.. ' Region accordingly. Following further discussion, it was moved by Aldermen puttick, seconded by Aldermen Fete, that the Regional Municipality of Niagara be advised of Council's opposition to the proposed amendments to the Niagara Escarpment Commission's Development Control Area. The motion Carried unanimously. It was moved by Aldermen Thomson, seconded by Aldermen Fera, that By-law No. 76-10 be brought forward for consideration at this time. BY-LAW ORDERED on the motion of Aldermen Thomson, seconded by Aldermen Mann, that leave be granted to introduce the following by-law, and the by-law be given a first reading: No. 76-10 ~- A By-law to authorize the construction of a storm sewer on Prior Crescent as a Local Improvement. Carried with Alderman Schisler voting contrar~ and all others in favou? ORDERED on the motion of Aldermen Mann, seconded by Aldermen Stewart, that the by-law be now read a second time: No. 76-10 -A ByAlaW to authorize the construction of a storm sewer-on Prior Crescent as a Local Improvement. Carried with Alderman gchisler voting contra~ and all others in favo_u~ fiNFINISHED BUSINESS HOLIDAY CLOSINGS FOR RETAIL BUSINESSES Report No. 23 - His Worship, Mayor Bukator - The report advises of a procedure to provide that applications will be considered by the special committee who ,will in turn submit recommendations to.Council enabling Council tO request the Region to pass the appropriate by-law. A sub-committee has been established in order to prepare the criteria to be used in determining whether or notsfie application for exemption should be recommended for approval. ORDERED on the motion of AldermanMann, seconded hy Al.dermeu Thomson, that the report be received and filed. COX~4UNICATIONS No. 10 - Regional Municipality of Niagara - Re: Proposed Resolutions for Ontario Good Roads Association. The communication requests the endorsation of Council for four resolutions to be submitted at the Ontario Ggod Roads Association Conference. Aldermen Thomson referred to a resolution the' City of Niagara Palls passed a number of years ago, requesting the Province to subsidize the construction of parking lots required when parking is removed on a roadway under Regional Juris- diction. He requested the delegates. to the 1976 conference of the O.G.R.A. to seek the endorsation of this resolution by the Association. ORDERED on the motion of Alderman Mann, seconded by Aideman Thomson, that the resolutions of the Regional Municipality of Niagara be endorsed. ORDERED on the motion of Alderman Thomson, seconded by Alderman SchUster, that a resolution be prepared for submission at the O.G.R.A. Conference, requesting Provincia~ subsidy in the construction of parking lots, NOTE| Alderman Crows was absent when the vote was taken on this matter. -3 - No. 11 - Regional Municipality of Niagara - Re: Province of Ontario Reduced Speed Limits. The communication advises that in accordance with the new provincial Policy, the maximum speed limit on Vineland Townline, Netherby Road and River Road be reduced to fifty miles per hour. ORDERED on the motion of Aldermen Schisler, seconded by Alderman Fera, that the communication be received and filed. NOTE: Alderman Crowe was absent when the vote was taken on this matter. No. 12 - Regional Municipality of Niagara - Re: Niagara Falls Railway Relocation and Consolidation Study. The communication advises that the Minister of Trahsportation & Communications indicated that the Province will approve the Niagara Falls Railway Relocation & Consolidation Study and the application ~ill be submitted to the Federal Minister of State for Urban Affairs for consideration. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Stewart, that the communication be received and filed. NOTE: Alderman Crowe was absent when the vote was taken on this matter. No. 13 - Regional Municipality of Niagara - Re: Interim Levy By-law. The communication advises of the passing of by-law 1425-1375-76 which provides for an interim levy against the Area Municipalities in the year 1976. ORDERED on the motion of Aldermen Mann, seconded by Alderman Harrigan, that the communication be received and filed. ' NOTE: Aldermen Crowe was absent when the vote was taken on this matter. No. 14 - Canadian Niagara Power Company - Re: New Rates. The communication advises of the new rates effective February 1, 1976. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Orr, that the communication be received and filed. NOTE: Alderman Crowe was absent when the vote was taken on this matter. No. 15 - Ripley International Ltd. - Re: Tightrope Walk - Mr. Henry Rechatin. The c~mmunicstion requests approval to erect a cable between Ripley's Museum and Tussaud's Museum on Clifton Hill to enable Mr. Henry Rechatin to stage a series of tightrope walks in conjunction with the Blossom Festival in May, 1976. Alderman Orr referred to the crowds generated by similar attractions where a motorcycle stunt driver mode several jumps, and pointed out that the- crowds attracted to Clifton Hill would spend a great deal of money at tourist establishments. Alderman Harrigan stated that the daredevils of the. past have npntributed considerably to the history of Niagara Falls. Alderman 'Michael pointed out that the fact that the walk is scheduled for May would extend the tourist season which is an important factor. Alderman Mann felt that approval of this walk would result in more requests each year, and that there would eventually have to be a cut-off. He also pointed out the risk involved. His Worship, Mayor Bukator expressed concern about the tourist 'establishraents on Clifton Hill, and whether these people would accept the proposal. Aldermen Puttick and Schisler pointed out that the promoters of the walk must assume all risks and provide insurance to indemnify the City agsinst claims. Alderman Puttick also suggested that the cable over Clifton Hill supporting the Blondin figure be removed. Following further discuss ion, it was moved by Alderman Orr, seconded by Alderman Harrigan, that the request be approved on the understanding that the proponents will, to the satisfaction of City officials, enter into an agreement assuming all risks and costs, and adequately indemnify the City from any claims arising as a result of the proposal. The motion Carried with Aldermen Mann and. Stewart voting contrary, and all others in fayour. REPORTS No. 24 - City Manager - Re: Consolidation and Revision of Licensing By-laws. The report recommends that the City Clerk's Department be authorized to defer any further processing of applications for 1976 liceones, and that a new draft by-law be submitted for Council's examination at the earliest opportunity. ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that the report be received and adopted. No. 25 - City Manager - Re: Cleaning of Sewer laterals. In view of the disparity between the present charges and costs for cleaning of sewer laterals, it is -4- recon~ended that the charges per request for cleaning of such laterals be adjusted to $12.00 during the normal working hours and $60.00 at all other times, and that a by-law implementing the charges be prepared. Aldermen Mann and Thomson felt that the increase to $12.00 was realistic but that the figure of $60.00 for after-hours work could be a hardship to many people. Alderman Stewart suggested that a night-shift be put on to handle after-hour calls. The Director of Municipal Works explained that if a night crew were set up, the cost would increase three times as much. Alderman Schisler pointed out that the fee was not on a per-hour basis, and that many times a crew called out was there for a much longer time period. He also felt that the higher fee might discourage persons from calling after hours when the situation could really wait until regular working hours. Alderman Crowe pointed out that if Council wished to keep the mill rate down, it could not continue to subsidize certain services without cutting back on other services. Alderman Puttick stated that in view of rising costs, this increase would be considered as good business. Alderman Thomson suggested that cbnsiderationbe given ink:certain cases, where an elderly person has called, or a person on a low, fixed income is involved. The City Manager advised that he would investigate such matters where there is justification. Following further discussion, tt was moved by Alderman Puttick, seconded by Alderman Schisler, that the report be received and adopted. The motion Carried with Aldermen Mann and Stewart voting contrary, and all others in favour. No. 26 - City Manager - Re: Revised Site Plan Approval, Royal Canadian Legion on Valley Way. The report recommends approval of a revised site plan showing a proposed kitchen addition to be built on the existing recreational club building. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Orr, that the report be received and adopted. No. 27 - City Manager - Re: Water Supply, Niagara Plumbing Supply Company. The report advises on the investigation into complaints regarding the'water supply at the Niagara PlUmbing Supply building, and suggestions to improve the water supply. ORDERED on the motion of Aldermen Puttick, seconded by Alderman Thomson, that the report be received and filed, and a copy sent to Mr. A. Neal. No. 28 - City Manager - Re: 4226 & 4232 Park Street and 4408 & 4414 Simcoe Street. The report requests approval to demolish the buildings on Park Street to increase the parking area presently.located on Park Street, and to demolish the buildings on Simeoe Street to facilitate the Palmar Avenue Extension. Alderman Thomson asked if the possibility of City forces demolishing the buildings had been investigated. The City Manager advised that this possibili{ was always checked out, and if employees and equipment are available, the City can do the work. In this case, one of the buildings on Stmcoe could be demolished by the City, but the buildings on Park Street will require a contractor. Alderman Crows suggested that all four properties be tendered as a package in order to obtain a better price. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received and adopted. No. 29 - City Manager - Re: Municipal Accounts. Recommendin~ payment of municipal accounts. (YI{DERED on the motion of Alderman Mann, seconded by Aldermen ~r, that the report be received and adopted. NOTE: Alderman N~rrigan was absent when the vote was taken on this matter. BY-LAWS ORDERED on the motion of Alderman Crowe, seconded by Alderman Fera, that leave be granted to introduce the {ollowin8 by-law, and the by-law be given a first readinB: No. 76-13 - A By-law to provide monies for general purposes. Csrried Unanimous1[ NOTE: Alderman H~rrigsn was absent when the vote was taken on this matter. -5 - ORDERED on the motion of Aldermen Crowe, seconded by Alderman Puttick, that the following by-law be now read a second and third time: No. 76-13 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS SAFETY CONDITIONS - CITY PARKS His Worship, Mayor Bukator advised that the parents of Carolyn Green, the young girl killed at Firemen's Park while sliding down a hill on a "flying saucer", had visited his office regarding the conditions at Firemen's Park. Mr. Green had requested the removal of several trees which are very close to the trail used by children when sliding down the hill. The Mayor further advised that he had visited the park along with several of the Volunteer Firemen, and the tree responsible for the death of Miss Green had been removed. The Volunteer Firemen also agreed to the removal of three other trees close to the trail, and the erection of signs warning of the danger and prohibiting the use of flying saucers. Mr. Green had advised that he would like to see a survey made of the various park facilities in the City to determine if there are safety hazards, and have experts advise on corrective measures that could be taken. Aldermen Puttick suggested that the City Manager and Parks & Cemeteries Superintendent inspect all City park facilities to determine any safety hazards existing, and whether outside assistance is required to take corrective measures. USE OF SEATBELTS Alderman Puttick suggested that the City obtain the film which was shown at the Ontario Traffic Conference in the Spring of 1975 regarding the use of seatbelts. The Alderman advised that the film presentation was very impressive, and felt that the City should sponsor the showing of this film to the public at A.N. Myer and Niagara Falls Collegiate. Alderman Thomson also praised the film and stated that after viewing the film, many people would give serious consideration to the wearing of seatbelts. It was moved by Alderman Marrigan, seconded by Alderman Stewart, that the meeting adjourn. READ AND ADOPTED, MAYOR FOURTH MEETING Committee Room ~1 January 26, 1976 Council met in Connnittee of the Whole at 7:15 p.m. on Monday, January 26, 1976. All Members of Council were present. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting.~.l~ , · READ AND ADOPTED, MAYOR . -. Council Chambers ~ -' January 26, 1976 Council met on Monday, January 26, 1976 at 7:40 p.m. for the purpose of considering general business. All Members of Council were present. Hie Worship, Mayor Bukator presided as Chairman. Alderman Mann offered the ORening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the minutes of the meeting of January 19, 1976, be adopted as printed. UNFINISHED BUSINESS DEVELOP~NT PlAN APPROVAL - O.H.C. BUCKLEY AVENUE Report No. 30 - City Manager - The report advises that the Development Plan for the Bucklay Avenue project has been reviewed and accepted by the Site Plan Technical Committee and conforms with the zoning by-law regulating the property. It is reconmended that the Development Plan be approved as submitted. ORDERED on the motion of Alderman Michael, seconded by Alderman Orr, that the report be received and adopted. ROBINSON STREET BRIDGE RECONSTRUCTION Report No. 31 - City Manager - The report advises that the increased Railway Transport Committee contribution is less than the anticipated amount, and it is recommended that the allocation in the 1976 Operating Budget be increased from the originally approved amount of $70,000 to $80,000. In response to a question raised by Alderman Thomson, the Director of Municipal Works explained that the contract for the work includes lump sum prices and unit prices. The lump sum prices are fixed~ but the unit prices dependLon the actual amounts used in the field. Alderman Mann pointed out that this was the second time monies for this project were being included in the 1976 budget, and he hoped that Council should closely watch any other commitments to the operating budget. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. NIAGARA SQUARE Report No. 32 - City Manager - The report advises that certain temporary easements expropriated in 1966 during the construction of a watermain are no longer required by the City. In that the solicitors of Mardress Investments have requested a quit claim deed from the City for the lands in the temporary easement, it is recommended that the by-law to authorize the execution of the quit claim deed be given the necessary readings. ORDERED on the motion of Alderman Crows, seconded by Alderman Smeaton, that the report be received and adopted. See By-law 76,-.1~. FORMER FALLS VIEW FIRE HALL P~ ~ _ The report advises that to permit the uses propos~ propertY, an amendment to the Report No. 33 - ~er palls View Fire Hall by the purchaser of Subject to Council concurrence, an appropriate Official plan is required. and notices will be sent to property owners within amendment will be prepared 400 feet, and the necessary by-law will be prepared. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the report be received and adopted. CO~fi~UNICATIONS Re: SodomRoad Sewer Main. The No. 16 - ~e; included in the Region's 1976 budget provided in for eng~necring of the se~e~ill b~ contacted in orderit provide any addill°naSa the 1977 budget- G'M'H'Ce Region requests that the C Y ncial assistance. Th Alderman Thomson, that t of Alderman By- ' required to support the construction of construct local improveme~' of Nia ara- Re: Request for Assumption 17 - Re ional Munici slit a munici alitY wishes to No. Regi~ that the municipality notify The called, an agreement with works where mains of Regional size are involved, the Director of Engineering of the intent to undertake such constructions at the planning stage. It is advised that before tenders are the Region as to funding of the project, and concurrence of the Regional public Works & Utilities ConmiCros and Council will be required. ORDERED on the motion of Alderman Thomson, seconded by Alderman O~r, that the co~munication he received and filed. Re ional Munici slit of Nia ara o Re: Regional Roads Classification No. 18 - ~omments of the City regarding certain Review - additions to the Regional Road System. Aldet~mn Thomson expressed his concern over the inclusion of Main Street in the Regional Road System. He referred to the problems experienced when Queen Street had been under Regional jurisdiction, and felt that Main Stri~t should remain a municipal concern- ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, the matter be referred to staff for the preparation of a report- Street, Niagera Fa~ u tstorical Society - Re: Main d and Chippaws. T in Niagara Falls be known as Port S ' that the communication be referred to the GnumiCros presently consider~ng street name changes- No. 20 - Chamber of Commerce - Re: Contacts with Business {~rgsnizations. The communication extends an invitation to Council to have an alderman, onLa rotational basis, attend the Chamber Board meetings each month. agreed that the attendance of a member of Council at the but felt that one t ael fe[Th°n~nn ,-,d board meetings on a rotslionel basis would be advantageous ~ fullotime member of Council should be appointed.' Alderman '" d e ld u~pL~ that withcrotational attendsnee~ members would not be;aware of, matters disct~ t Council con , t msetings~ Aldermen. Crowe'.sna Furtick felt the rss consent Folln~i~ at. previous a full-time member without obtaining the Chamb Alde;man Thoms~ not,appoint further discussion, it was moved by Alderman Smeaton, seconded by that upon notification, members of Council attend the Chamber Board,:meetings on a rotational basis,and that the Chamber be contacted reSarding a full-time Council appointee. · o . ' in Week 1975. The co~nunication = nada Safety Cotmelt Re. Safe Driv g shadinn co~nunttt~s with No. It Clt Niagara Falls is among the ~orty-four 1975 without a advises th completed Safe D~iving Wee~ populations of 40,000 or more tb~t that the fatal accident. (~DEBI~D on the motion of Aldet~lan Smeaton, seconded by Alde~ean O~r, ce~=nunicatton be received an~ filed, Greater Niagara Safety ~ounctl ' Re: Emergency Vehicle Access ~o Carniv4 No. il - ambulance. - 3 - ORDERED on the motion of Alderman Michael, seconded by Alderman Fern, that the nmtter be referred to the projects & Services Engineer for recommendation- · Expropriation of 4539 and 4541 No. 23 - r e C Y A resolution Erie Avenue. T through expropriation, the properties at 4539 and 4541 Erie Avenue- to that effect as passed by the Commission was attached. ORDERED on the motion of Alderman Crows, seconded by Aldernmn Orr, that the resolution be endorsed, and that e~propriation proceedings be initiated for the acquisition of 4539 and 4541 Erie Avenue- REPORTS elo meat e~ - Re: AM-3 7 , dynia c ev ~tt PP 31 unit mot No- 719 - plannin~ & D P ,i~eerecommends that t - el be Side of Ma~n Street.' The Conun° ermit the construction of a - ' .for the rezoning of property t P extend the Tourist Co~ercial denied on the basis that there is no need to designation at this particular time. Mr. G. BaryckY, solicitor for the applicant, was granted permission to address Council on the motion of Alderman Crowe, seconded by Alderman Mann. Mr. BaryckY pointed out that the area in question was in close proximity to the other e~isting tourist°c°~ercial uses. He felt that the rezoning would be s natural transition from the existing conmartial uses ohMSin Street to . the tourist con~nercial uses in the Stanley Avenue - Main Street intersection area, and would provide a secondary benefit to the City in tax r?venue- Alderman Thomson felt that the area in question would eventually become tourist commercial in nature, and pointed out that the Main Street merchants were encouraging tourist traffic in the area- In response to a question raised by AldernmnMarrigan, the planning Director explained that his recommendation to the Conmittee for denial was based on the concept that the introduction of motels in the area would cut down on the off.season use of Main Street as a shopping area- Ke felt that Bin Street should be preserved as a retail commercial area. Alderman Mann and puttick both felt that the extens ion of tourist commercial uses in this area would be of benefit to the Main Street commercial establishments. Aldernmn Crows suggested that the application could be approved subSect to development control. Following further discussion, it was moved by Alderman Mann, seconded by Alderman Thomson, that the application be approved sublact to development control. The motion Car~rie~ with Aldermen Harrigan and Stewart voting contrarY, and all others in layout- No. 34 - planning & Development Committee - Re: Development Staging, part of the Queen Victoria Tourist Commercial District.. The Committee recom~nends that applications be considered on their own merlt and applications south of peer Street E~tended to the railway be discouraged until the alignment of 0~tario Avenue e~tension is determined. Alderman ThomsOn expressed his concern that development in this area would he held up until the e~tenaina of 0utsrio Avenue takes place. The Aldermen felt that the Ontario Avenue alignment should have been taken into consideration when the plans for the reconstruction of the Robinson Street bridge were being prepared. In response to a question raised by Alderman Fern regarding the timing involved, the Director of Municipal Works advised that the proposed alignment not be established until the part of the Railway Relocation Study dealing with this area is avails · t d that this would be in approximately e i n y , elo merit pr p s. two years. The road ant merit either before or as day P land for the proposed al ~ in the area, end s highly assessed building considered. If development was approved adjustment and could result in conflicted with the alignment, it would require being higher land acquisit~on costs. Me further advised that when plans were was studied for the Robinson Street bridge, the alignment of Ontario Avenue. considered by Council and formed part of the preliminary investigations The alignment agreed upon was proposed to be in~nediatelY south of the park Motor Motel and then in a southwesterly direction across. the penn Central right-of-waY. From there it has not been determined whether the extension ~ould connect to Clarke Street, Buchanan Avenue, Stanley Avenue or even to the proposed Niagara Freeway. ldermsn puttick waa concerned that land o~ners would have their property .fezontO, and simply not build. The land then remains vacant, and because of the chan~e ~ ~oning~ increases in value end changes hands many times. ~e -4- suggested that a time limit be imposed as a condition of the rezoning, so that construction of the proposed use takes place. The Planning Director stated that the Planning Act does not provide authority to Council to impose time limits. The only alternative Council would have is to rescind the fezcuing by-law at a later date. Alderman Thomson also pointed out that this type of speculation cannot be controlled in that it is part of the free enterprise system. These points were further debated by Council, and following the discussion, it was moved by Alderman Marrigan, seconded by Alderman gchisler, that the recommendation of the Planning & Development Committee be adopted. The motion Carried with Alderman Thomson voting contrary, Alderman Crows abstaining ~n a conflict of interest, and all others in favour. No. 35 - City Manager - Re: Control Programme, Vital Encephalitis. The report recommends that the City offer its support of the educational programme to be undertaken by the Niagara Regional Health Unit, and that staff be authorized to assist the Health Unit in supporting the proposed programme to acquaint the public of the measures which can be taken to combat vital encephalitis. ORDERED on the motion of Alderman Sineaton, seconded by Alderman Stewart, that the report be received and adopted. No. 36 - City Manager - Re: Vacancy in Council. The report recommends that Council authorize the holding of a special meeting following the regular meeting of February 2, 1976, in order to appoint a person to fill the existing aldermanic vacancy. ORDERED on the motion of Alderman Schisler, seconded by Aldernmn Smeaton, that the report be received and adopted. 2) 3) 4) 5) 7) g) 9) lO) No. 37 - City Manager - Re: Resolutions from 0ther Municipalities. 1) City of Windsor - Requesting the Provincial Government to provide a uniform ~rant to all taxpayers who have attained the age of 65 years and who are receiving a monthly guaranteed income supplement under Part 2 of the Old Age Security Act (Canada). Recommendation - That the resolution be endorsed. City of Windsor - Requesting amendments to existing legislation aimed at reducing the number of "nuisance" candidates in municipal elections. Reeom~endation - That the resolution be received and filed. Town of Pelham - Requesting the Province to defer for one year the institution of new accounting routines. Recommendation - That the resolution be endorsed. City of Windsor ~ Regarding the defermant of the implementation of the provis~ of the Environmental Assessmant Act. Recommendation - That the resolution be received and filed. City of Owen Sound - Requesting an amendment to the Planning Act to provide ft. an automatic disqualification of a~member of the Planning Board who absents himself from meetings for three successive months without authorization. Reco~nendation - That the resolution be endorsed. 6) Regional Municipality of Waterloo - Requesting the adoption of a policy requi~/ that no Provincial or Federal projects he.undertaken in any environmentally sensitive areas. Recof~aendation - That the resolution be received and filed. Regional Municipality of Waterloo - Requesting that the licensing of pits and quarries be subjected to local tree cutting by-laws. t' Recou/aendation - That the resolution be received and filed. City of Windsor - Requesting an amendment to the Municipal Act to control the~ number and location of self-serve gasoline stations. Recommendation - That the resolution be received and filed. City of Windsor - Regarding a review of the Police Act and Fire Department Act~ Rec~muendation - That the Municipality endorse only that section of the resolution dealing with amendments to the Fire Department Act. Town of Port Hope - Requesting an amendment to existing legislation to provid~ that the Municipal Council be given authority to reject a requisition for school costs which amounts to a 10% increase over the previous year's requirements. Recommendation - That the. resolution be received and filed. City of Windsor - Requesting that increases in energy prices be restricted to the Wage and Price Guidelines established by the Federal Government. Reco~.endation - That the resolution he endorsed. City of Windsor - Regarding the extension of the Ontario Home Renewal Program. R~aommendation - That the resolution be endorsed. Township of Coulbourn - RequestinM the maximum fee for an application to the CenmtCtee o{AdJustment be raised to $100.00. RecMendation - That the resolution be endorsed. Regional Municipality of Waterloo - Requesting the Federal Government to exten the {unding provisions on projects such as L.I.P. and other projects {or a period of not less than three years. Reccnxaendation - That the resolution he received ~nd filed. - 5 - Alderman Puttick expressed concern over resolutions #11 and #13. He felt that restriction on energy price increases was not within the jurisdiction of Council, and that the increase suggested for Committee of Adjustment maximum fees was too high. Aldernmn Crows explained that the proposed restriction for energy price increases was not meant to be selective, but as a universal application. He also pointed out that the suggested maximum fee for Committee of Adjustment applications was strictly permissive legislation to allow a Council to increase the fee above the $25.00 maximum presently provided. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Crows, that the report be received and adopted. No. 38 - City Manager - Re: Local Housing Authorities - Characteristics and Possible Organizational Alternatives. The report recommends that Council support the comments of the Niagara Falls Housing Authority, particularly their opposition to the creation of a single Regional Housing Authority. The following resolutions were unanimously passed by the Niagara Falls Housing Authority, and form part of a letter addressed to the Regional Planning Dept. with their comments on the Region's discussion paper: 1) The Niagara Falls Housing Authority's Board of Directors is opposed to having a Single Regional Housing Authority. 2) The Niagara Falls Housing Authority's Board of Directors agreed that two or more area municipalities be combined to form a Local Housing Authority with the Niagara Falls Housing Authority extended to include Fort Erie and Niagara-On-The-Lake and one or more new Housing Authorities be formed 't'o include other regional area municipalities. ~ ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the resolutions be endorsed, and that Council extend its support on the comments of the Niagara Falls Housing Authority in respect to the creation of a single Regional Housing Authority. No. 39 - City Manager - Re: Frontsnat Woods Extension Subdivis ion. The report outlines the procedure to be followed when considering park dedication for this subdivision, and recommends that the by-law authorizing the execution of the subdivision agreement be given the necessary readings. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and adopted. See By-law 76-1__4 No. 40 - City Manager - Re: Municipal Engineers Association Annual Conference. The report recommends that three members of the Engineering staff be authorized to attend the annual meeting in Toronto from.February 23 - 25, inclusive. It was moved by Alderman Smeaton, seconded by Alderman Fern, that only one member of the Engineering Department be authorized to attend the conference. It was then moved by Alderman Mann, seconded by Alderman Schisler, that the motion be amended to-authorize two members of the Engineering Department to attend the conference. The motion Carried with the following vote: AYE: Aldermen Crowe~ Harrigan, Mann, Michael, Schialer and Stewart. .N.A. YE: Aldermen Fern, PGttick~ Smeaton and Thomson. No. 41 - City ~danager -' Re!~ 19~6 Tenders. The report requests authorization to call tenders for certain services, materials and clothing required by various civic departments for their operation throughout the year. ORDERED on the motion of Alderman Schisler, seconded by Alderman Harrigan, that the report be received and adopted. No. 42 - City Clerk - Re: AM-28/75, yorkfield Agencies Limited. The report advises that one letter of objection has been received as a result of circulation of the fezcuing by-law, Notice of Application and Explanatory Note, ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Orr, that the letter of objection be referred to the Ontario Municipal Board. No. 43 - His Worship, Mayor Bukator - Re: Meeting on provincial-Municipal Spending Constraints. The report advises of the proceedings of the meeting sponsored by the Provincial Government to discuss the need for provincial-Municipal spending constraints in 1976. Alderman Crows stated that the alternatives Council was faced with, were the cut-bask or termination of services~ or increases in the mill rate to provide the earvices the people want. ~ felt that staff should list all necessary items in th~ operating budget in order of priorityso that Council can determine the areas of cut-backs- Alderman Harrigan pointed out that since Council had no control Cit '~ over the Regional and educational levies, control must be exercised on the Y budget. Alderman puttick felt that it was Council's responsibility to set prioritie~ based on stsff's recentneeded budget- The City Manager explained that the budget will be prepared outlining the alternatives in the extent and quality of service~ Aldermen Mann and Orr felt that the discussion Nag premature~ until the budget estimates are determined. It was moved by Alderman puttick, seconded by Alderumn Thomson, that the report be received, and referred to members of Council during consideration of the 1976 Budget- The motion Carrie__~_~d unanimously. It was then moved by Alderman Crows, seconded by Alderman Harrigan, that the preliminary budget be submitted, showing all necessary items in order of- priority. The motion was Defeated with the following vote: AYE: Aldermen Crows, Fera7Rarri~an' Michael and SmaRten. ~__i~: AldermenMann, puttick, Orr, Schisler, Stewart and Thomson. No. 44 - City Manager - Re: Regional Business and Industrial Development Sub-Committee. The report provides additional information on the work done to date by the Business and Industrial Growth Sub-committee of the Regional planning and Development Committee. Also dutli~ad in the report are two suggestions the City can take to negate the formation of the Connnittee: 1) Attempt to convince the Regional Council that they should disband the Sub-Committee and not become involved in industrial promotion in the Region; 2) Request the Government to amend the Regional Act to provide that the Regional Corporation can not expend money for or engage in industrial promotion in the Region. Alderman Harrigan felt that Council should adopt the suggestions of the City Solicitor, no matter how remote the possibility of such action being taken, so that the City is on record as having objected to the formation of the sub-committee. Mayor Bukator explained that the Reginu~hadrnot formallybapproved the operating funds of the Co~ittee. He further explained that he had advised Regional Council of the City's objection to Regional involvement in industrial promotion. Regional Councillor Keighan pointed out that the City of Niagara Falls spends $90,000 a year on industrial promotion, while the Region is proposing only $25,000. These funds are only to be used for the promotion of the Region through general advertising. It was Regional Councillor Keighan's feeling that Coanctl's objection was an ever-reaction at this time in view · of the Region's intentions. Following further discussion, it was moved by Alderman Michael, seconded by Alderman Puttick, that the report be received and filed. The motion Carried with Aldermsn Harrigan voting contrary, a~d all others in fayour. No. 45 - City Manager - Re: Municipal Accounts. Recozmnending payment of the municipal accounts. The City Manager provided .explanations of Cheques ~1664 and ~1641 in response to questions raised by Aldermen Schisler and puttick. ORDERED on the motion of Alderman CroNe, seconded by Alderman 8chialer, that the report be received and adopted. RESOLUTIONS 'No. 4 - THOMSON ~ SCRISLER - RESOLVED THAT WHEp~Ag.~he'capacity of many urban roadways, particularly those servicing commercial development, has reached a limit in its ability to handle current traffic volumes; AND WHEREAS this deficiency can be corrected either hy the removal of on-street parking or road widening; ANDWHEREAS in many of the existing cum~ercial areas it is impractical to . consider extensive road widening because of the location of axistinS bus inssees end the resulting property destruction, and it is 'much more economical to acquire4 property and build off-street parking facilities; AND WHEREAS the costs incurred for the widening of streets to pro~ide additional traffic carrying capacity is presently eligible for subsidizelion by the Miniatry~'~ of Transportation & Co~launicationa; NOW THEHEFORE BE ST RESOLVED that the City of Niagara Falls requests the Ministry of Transportation & Cowmunicatio~s to provide subsidy for the provision of off-street parking facilities at the subsidy ra~es applicable to the acquisition of land for street widening; ' " ' AND FURTHER that copies of this,resolution be submitted .to the annual Conference Of the OntarioGood Roads Ass6ciation for endorserion and~S~PPOrt;'ANDthe Seal ,'.of the Corporation be hereto aEfixed, " Carried Unanimously - 7- BY-LAWS ORDERED on the motion of Alderman Crows, seconded by Alderman Michael, that leave he granted to introduce the following by-laws and the by-laws be given a first reading: No. 76-14 - A By-law to authorize a subdivision agreement with Group 2 Development Limited (Frontenac Woods Extension)- No. 76-15 - A By-law to authorize the execution of a quit claim deed to Mardress investments Limited- (Niagara Square) No. 76-16 - A By-law respecting the clearing of sewer laterals- No. 76-17 - A By-law to provide monies for general purposes. Carried with Alderman Mann voting contrary on By-law No. 76-1~6 ORDERED on the motion of Alderman Harrigan, seconded by Alderman Fera, that the following by-laws be now read a second and third time: No. 76-14 - A By-law to authorize a subdivision agreement with Group 2 DeveloPTent Limited (Frontenac Woods Extension)- No. 76-15 - A By-law to authorize the execution of a quit claim deed to'Mardress investments Limited- (Niagara Square) No. 76-16 - A By-law respecting the clearing of sewer laterals. No. 76-17 - A By-law to provide monies for general purposes. Carried with Alderman Mann voting contrary on By-law No. 76-16 _ NEW BUSINESS SAFETy MEASURES ' FIHEMEN'S pARK His Worship, Mayor Bukator advised that the Volunteer Fireman had removed five trees at the park located near the sliding areas. He also advised that the Fireman had found several sleighs in the pond, and that he had received a call frome resident who had seen people go through the ice on the pond after sliding down a hill. The Mayor suggested that a snow fence should be placed around the pond, or bales of hay placed to prevent sleighs and toboggans from sliding across the frozen pond. It was moved by Alderman Mann, seconded by Alderman Thomson, that staff be instructed to assist the Volunteer Fireman in placing protective snow fencing around.the pond at Firemen's Park. The motion Carrle_ d unanimouslY. SEGO EFFICIENCY STUDY .AlderfaRe Thomson advised that the press had cosineclad-on the fact that no recent action had been taken with regard to the efficiency study. The Alderman pointed out that several members of Council had been on vacation, and that Mr. pierce had been out of the country on business. Alderman puttick advised that he had called Mr. pierce'a office and suggested that since he would be in the City on the weekend, that he stay over a day or two 'and com~ into Council to make his presentation- The Mayor advised that he would not allow the taxpayers' the report being presented. He further advised money to ~b~ spent without until all meu~ers of Council were available. It that the matter was to wait was moved by Alderman Thomson, seconded by Alderman Crowe~ that the report be unanimouslY. presented as soon as possible. The motion C_arrie~ TRAIN WHISTLES - SWAYZE DRIVE Alderman SmaRten advised that he had been contacted by an individual living in the area of the Swayze Drive - C.N.R. crossing regarding the blowing of train ~htstles at all hours of the day and night. The prn~ects & Services Engineer · . -. .had contacted the. local yardmaster and had been. informed that-trains were allowed to blow whistles at crossings i~ cars are in the area, and if switching . operations are being carried out. The Alderman pointed out that there is 8 by-law prohibiting the blowing of whistles at this crossing, and suggested that the yardmaster be advised accordinglY. SPEED OF TRAINS Alderman Harrigan referred to Council's recent inquiry into the speed of trains at crossings in the City, and asked what had been done to follow up on the matter. The City Clerk advised that he had written to the C.N.R., pointing out the provisions of the Act with respect to the speed of trains within city limits. He further advised that he had not received a reply to this correspondence as yet. REDUCTION OF COUNCIL~MBERSEIP Alderman Smeaton made reference to a suggestion he had made previously, dealing with the reduction of the size of Council. He felt that the population of the City did not Justify twelve aldermen and four Regional representatives, and suggested that a comparison be made with municipalities of the same size as Niagara Falls. Alderman Harrigan pointed out that twelve people administrating a large corporation such as the City of Niagara Falls was very reasonable, and felt that there was safety in numbers. Alderman Thomson referred to the numerous committees members of Council were involved in, and felt that a reduced Council would not be able to handle the various commitments. Alderman puttic~ suggested that the ward system be eliminated, and have the aldermen elected at large, then it.would be possible to find where the strength lies in reducing the Council. Alderman Crows felt that unless the reduced Council was comprised of full-time aldermen, the figure of twelve was the optimum number. His Worship, Mayor Bukator advised thatMr. Archer of the Niagara Region Study Review Commission would he visiting Council, and the suggestion of a reduced size in Council would be an excellent topic for discussion. NEW COURT HOUSE Alderman Crowe felt that the opening of the new police building was a major step in the improvement of facilities for justice. He felt that Council should now work towards the construction of a new court house in the City· It was moved by Alderman Crows, seconded by Alderman ~tarr~gan, that staff update the previous reports on this matter, and that a committee be formed comprised of the Mayor, City Manager, and two membersCof Council, to investigate the feasibility of entering into the project at this time. The motion Csrrie~ unanimouslY. It was then moved by Alderman 5meaton, seconded by Alderman Thomson, that -' Aldermen Crowe and Marrigan be appointed to serve on the committee to be established· The motion Carried unanimously. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the READ AND ADOPTED, / - Committee Room ~1 · January 26, 1976 Council met in Co~m~ittee o;'[,~.,..~Y; on Monday, January 26, 1976, followio~ a regular meeting of Council. All Members of Council were present. Alderman Schisler presided as ChairmaR. Follc~ing consideration of the i ems presented, the Co~nittee of the ~ole arose wiChou~ repor~ing. , ~AA~ ~, READ AND ADOPTED, "'L - 9- COUNCIL MEETING Council Chambers January 26, 1976 Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. The meeting adjourned- READ ADOPTED, · ' ~4AYOR FIFTH MEETING Committee Room #1 February 2, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, February 2, 1976. All Members of Council were present with the exception of Aldermen Harrigan and Michael. Alderman Puttick presided as Chairman. Following cons ideration of the items presented, the Committee of the Whole arose without reporting. MAYOR Council Chambers February 2, 1976 Council met on Monday, February 2, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with ~he exception of Aldermen Harrigan and Michael. His Worship, Mayor Bukator presided as Chairman. His~Worship, Mayor Bukator offered the Opening Prayer. ADOPTION OF ~ffNUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the minutes of the meeting of January 26, 1976, be adopted as printed. DEPUTATION LO'A'A'~RY PROPOSAL - CITY OF NIAGARA FALLS Communication No. 24 - Mr. I.S. Kirsh - Requesting permission to address Council regarding a lottery scheme for the City of Niagara Falls. Mr. Irwin Kirsh was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Smeaton. Mr. Kirsh advised.that he was representing Mr. Frank Shaw, a corporate executive associated with the advertising and public relations field, who is seeking permission to hold a lottery in the City. The lottery would be conducted for the purpose of raising funds for the City of Niagara Falls to be used for hospitals, educational eentres and other civic endeavours so designated by the Corporation. The proposal is based on the time Ontario Hydro turns their lights on the falls every evening. The time period between 6:00 p.m. and 10:00 p.m. is broken into units of a tenth of a second, amounting to 144,000 time units. The lottery would issue 144,000 '~'ickets daily between June 1st and September 30th and would sell for $1.00 each with a daily prize of $25,000. The market areas would consist of all cities and towns in the Golden Horseshoe, not necessarily Niagara Falls. Dealers will purchase tickets in lots of ten, fifty and one hundred books of ten at 75¢ per ticket, all tickets becoming the dealer~s sole property and winning tickets are valid. It was felt that the tourist population in the City during the summer season, would more than take up the number of tickets issued. Mr. Kirsh offered to answer any .questions Council might have. His Worship, Mayor Bukator strongly expressed his opposition to the proposal. The Mayor could see no reason why the tourist public should constantly be taken advantage of, and felt that it was the Cttyss responsibility to provide the public with accommodation, entertainment and e good vacation. The City has the Falls as its major attraction, and the lottery would only be another means of taking advantage of the tourists wishing to spend their vacation in the City. Alderman Puttick pointed out that the Mayor's c~iticism was directed at the scheme itself, and not towards Mr. Kirsh or his client. It was moved by Alderman Mann, seconded by Alderman Stewart, that the request for permission to hold a lottery be denied. The motion Carried unanimously. -2- UNFINISHED BUSINESS HOLIDAY CLOSINGS FOR RETAIL BUSINESSES Report No. 46 - His Worship, Mayor Bukator - The Committee established to determine a methodof processing applications for exemption under The Retail Business Holidays Act, 1975, recommends that Council request the Region to pass a by-law innediately exempting those retail businesses located in the area cross-hatched on an attached plan, all lands of the Niagara Parks Commission, and both sides of Victoria Avenue from River Road southerly to Ferguson Street. It is further recommended that any retail business located outside the area which does service the tourist industry and wishes to remain open on Sundays, submit an application to the Committee for considerati0~i' His Worship, Mayor Bukator explained that the areas recommended in the report did not cover the locations of every touTist establishment '{n the City, but in view of the fact that immediate action was necessary, the primary tourist areas were dealt with first. The Committee will then consider applications from establishments outside the area referred to in the report. Alderman Thomson also advised that the Regional Solicitor had advised that there would be no difficulties in processing further applications once the original by-law is passed by Regional Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. NIAGARA SQUARE DRAFT PLAN OF SUBDIVISION Report No. 47 - Planning & Development Committee - The Committee recommends that Council certify by resolution that the application of Cambridge Leaseholds conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing, and further, that the application be approved. ORDERED on the motion of Alderman Thomson, seconded by Alderman 0rr, that the recommendations of the Planning & Development Committee be adopted. COMMUNICATIONS See Resolution No. f No. 25 - Mr. &Mrs. F.J. Staedt - The conmunication requests answers to a number of questions raised in respect to the proposed extension .of Marineland and Game Farm. Alderman Thomson advised that he and Alderman Mann had met with Mr. Holer regarding his proposed extension and had been advised that the plans were still in the preliminary stages. Mr. Holer did however agree to hold a meeting with the public and members of Council so that all questions are answered to the satisfaction of the residents. Alderman Mann advised that he had been concerned as an area resident, and had contacted Mr Holer about a public meetin · o g. Mr. Holer had been very co-operative and had agreed to such a meeting once his plans were finalized. Mrs. p. Staedt was granted permission to address Council on the motion of Alderman Smeaton, seconded by Alderman Orowe, Mrs. Staedt requested that answers be given to the questions raised in her communication. 1) Does Mr. ol H have a permit for the proposal? His Worship, Mayor Bukator advised that no perm{= has been issued. 2) What channels will Mr. Holer have to folloW in order to proceed with the operation? In respect to rezoning, the Planning Director advised that the zoning by-laws passed in 1955 do not require amendment for what the City knows of the proposal. 3) Has Mr. Holer approached the Planning : and Development Con~ittee? The Planning Director advised that Mr. Holer's solicitor did approach the Committee regarding the draft zoning by-law, , requesting that it be amended to incorporate the proposal. The Committee did ind. icate they would amend the draft zoning by-law provided public notice is given. 4) What are the health regulations? Alderman Thomson advised that the health regulations are being handled through the Ministry of the Environment. 5) What are the regulations as to how close the operation can he located to residential areas? The Planning Director advised that there are two types of regulations, one would be the zoning regulations controlled by the type of building permit required, and the other would be health regulations. This question would require further study and a report. 6) What is the proposal, and where is it to be located? His Worship, Mayor Bukator a.dvised that the proposal has not been presented, and until such time as the proposal is submitteC~ the qu~s. tio. n cannot be answered. 7) Does Council have the fin~l say on whether l - 3 - or not this proposed operation proceeds? Alderman Crowe advised that if the property is zoned correctly and meets all proper health requirements, the City would have no right to deny the application. If rezoning is required, the Ontario Municipal Board would have final say in the approval of the application. 8) When application is made, will the area residents be given an opportunity to voice their opposition? His Worship, Mayor Bukator gave his assurance that the residents will have such an opportunity. Following further discuss ion on the matter, it was moved by Alderman Fera, seconded by Alderman Thomson, that municipal staff be directed to co-ord inate a meeting between the concerned residents, members of Council and the developer in order that a full explanation of the proposal can be provided. The motion Carried unanimously. No. 26.- Mr, J. Charlebois - The communication outlines comments in favour of ~he proposed extension of Marineland and Game Farm. ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that the communication be considered at the meeting to be arranged between the developer, area residents and Council. No. 27 - Ministry of Health - The conununication advises that the Ministry is soon to issue guidelines for the establishment of nonsmoking areas which will apply to most locations frequented by the public. ORDERED on the motion of Alderman Fare, seconded by Alderman Schisler, that the communication be received and filed. No. 28 - Greater Niagara General Hospital - The communication advises that there can be no new programmeg established at the hospital under the current regulations imposed by the Ministry of Health. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the communication be received and filed, and that the Greater Niagara General Hospital be requested to reinstate the programme if funds become available in the future. REPORTS No. 48 - City Manager - Re: 1976 Capital Projects. The report recon~nends deferment of 1) Ferry near Stanley Parking Lot; 2) Main Street Parking Lot; 3) Senior Citizens' Recreation Centre (Land); 4 ) Land for Bucklay Avenue Project; and 5) 1974 NIP Program for Woodbine Area. It is further recommended that the Regional Municipality of Niagara be so advised in order that the capital spending request to the O.M.B. may be revised accordingly. The City Manager provided additional information in response to a number of questions raised by Alderman Thomson. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. No. 49 - Recreation Commission - Re: Niagara Central Recreation Board. The report recommends that Council consider the appointment of Mrs. L. Bigga to the Niagara Central Recreation Board. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that M~s. L. Biggs be appointed to the Niagara Central Recreation Board. No. 50 - Recreation Commission - Re: Tennis Courts - Westlane Secondary School. The report suggests two recommendations for Council's consideration: 1) That Council approve the construction of the tennis courts this Spring at the Westlane Secondary School grounds with the appropriate funds being established in the 1976 budget; 2) That City staff be authorized to correspond with the Niagara South Board of Education to prepare an agreement between the Board and the City for the construction and use of the tennis courts a~ t~e ~estlSne Secondary School grounds. Alderman Puttick pointed out the need for tennis courts in this area of the City, and felt that the work should be done this Spring in conjunction with the Bosrd's intention to shift their school field around. Aldermen Mann end Orr both felt that the matter should be referred to the budget discussions later in the year in view of the City's programme on spending restraints. Alderman Smdaton felt that the construction of the courts 'could not be called a Joint venture since the City was paying the construction costs, while the Board was simply shifting their grounds, and would control the use of the courts. Following further discussion, it was moved by Alderman Snhis:ler,,seeondcd by Alderman Mann,:. that the report be referred to the 1976 Operating Budget discussions~ The motion Carried with Aldermn gmeaton voting contrary, and all others in layout. -4- No. 51 - City Manager - Re: Exchange of Properties - City & J. Moretta. The report reconunends that the original exchange of land as rec~.,,~ended on December 15, 1975, be modified to provide that the City receive the tria_agular-shaped parcel in exchange for the City-owned lane. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson~. that the report be received and adopted. NOTE: Alderman Mann was absent when the vote was taken on this matter. No. 52 - City Manager - Re: Tax Sale of Part of Lot 8, Concession 4 of the former Township of Crowland. The report recommends that the by-law authorizing the execution of a tax deed to John L. Sullivan, Trustee, be given the necessary readings. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler, that the report be received and adopted. See By-law No. 76-19 No. 53 - City Manager - Re: Exchange of Land for School Park Site - Mulhern Neighbourhood. The report recommends that the by-law to authorize the conveyanci~ to Wedgewood Builders of Niagara Limited of Part 7 on Reference Plan 59R-1423, be given the necessary readings. ORDERED on the motion of Alderman Crows, seconded by Alderman Puttick, that the report be received and adopted· See By-law No, 76-20 No. 54 - His Worship, Mayor Bukator - Re: Stamford Volunteer Firemen's Associatil The report extends the thanks and appreciation of Council and the citizens of Niagara Falls to the Stamford Volunteer Firemen~s Association for providing excellent recreational facilities, and particularly for their co-operation in trying to prevent accidents following a recent accident at Firemen~s Park. His Worship, Mayor Bukator advised that the account of Council's action on the fencing of the pond at Firemen~s Park in the press stated that Council had ordered that fencing be erected. It was Council~s intention only to assist the Volunteer Firemen in their work to ensure the safety of persons using the facilities at Firemen's Park. ORDERED on the motion of Alderman Thomson, seconded bY Alderman Orr, that the report be received sad filed. No. 55 - City Manager - Re: Proclamation - Canadian Heart Fund. The report advises that a request has been received from the Canadian Heart Fund (Ontario Division) to have the month of February observed as "Heart Month" in the City. It is suggested that approval be given subject to the organization accepting responsibility for the publication costs. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the month of February be proclaimed as "Heart' Month", provided the Canadian Heart Fund accepts-the responsibility for publication costs. No. 56 - City Clerk - Re: Niagara Region Study Review Commission. The report requests direction in the method to be used in compiling the comments of Council in a brief to be submitted to Mr.W. Archer of the Niggara Region Study.Review Commission. The two methods suggested in the report were considered by Council, and following the discussion, it was moved by Alderman Puttick, seconded by Alderman Orr, that one half hour of discussion be set aside at the next Count'J1 meeting for' comment.: on Regional Government, The motion Carried with Alderman Fera voting contrary, and all others in layout. No. 57 - City Manager - Re: Municipal Accounts· Recommending payment of municip~i accounts, ORDERED on the motion of Alderman Orr, seconded by Alderman Crones that the report be received and adopted, - 5- BY-LAWS ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe, that the following by-laws be now read a third and final time: No. 75-196 - A By-law to authorize the construction of improvements and extensions to the sewage system in the Urban Service Areas of the City. No. 75-202 - A By-law to authorize the construction of improvements for a municipal market. Carried Unanimously by all members present including His Worship, M~yor Bukator ORDERED on the motion of Aldermen Crowe, seconded by Alderman Orr, that leave be granted to introduce the following by-laws and the by-laws be given a first reading: No. 76-18 - A By-law to amend By-law No. 72-138 respecting By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls. (Niagara Square) No. 76-19 - A By-law to authorize the execution of a tax deed to John L. Sullivan, Trustee. , ~ No. 76-20 - A Byelaw to authorize the conveyance of land to Wedgewood Builders of Niagara Limited. No. 76-21 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Crowe, seconded by Alderman Orr, that the following by-laws be now read a second and third time: No. 76-18 - A By-law to amend By-law No. 72-138 respecting By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls. (Niagara Square) No. 76-19 - A By-law to authorize the execution of a tax deed to John L. Sullivan, Trustee. No. 76-20 - A By-law to authorize the conveyance of land to Wedgewood Builders of Niagara Limited. No. 76-21 - A By-law to provide monies for general purposes. Carried Unanimously ~"NEW BUSII~SS REZONING APPLICATIONS RESOLUtiONS ~  and all others in layout, ,,~A, No. 5.- THOMSON - ORR -RESOLVED that the Council of the Corporation of the - - City of Niagara Falls hereby certify that the application of Cambridge Leaseholds~ -' Limited. Cot'the, rezoning of oertain small parcels of land located at the southwee It was moved by Alder corner of MaLeod Road and the Queen Elizabeth Way conforms to Official Plan ~ Alderman Mann advised that recently he had received a number of calls regarding applications to be heard before the Planning & Development Committee. Since members of Council do not receive notification of pending applications, when calls are received the information is not availsble. The Alderman suggested that in future, when notices are mailed to property owners within 400~ of the proposed amendment, notices should also be sent to members of Council. Following the discussion on th~s matter, it was moved by Alderman Mann, seconded by Alderman Smeaton, that members of Council be notified of proposed rezoning applications when notification is sent to the property owners within 400~ of the proposed rezoning. The motion Carried with Alderman Puttick vo~ing contrary, meeting adjourn. l. RBA~.~DOPTED Carried . ~ Uns nimous ly -- Alderman Smeaton, that the SIXTH MEETING Council Chambers February 2, 1976 SPECIAL MEETING Council met in special session at approximately 9:15 p.m. on Monday, February 2, 1976, for the purpose of filling an Aldermanic vacancy. All members of Council were present with the exception of Aldermen Harrigan and Michael. His Worship, Mayor Bukator presided as Chairman. Communication No. 29 - Mr. A.A. MacBain - Mr. MacBain requests that Council not consider his name for the vacant seat on Council. ORDERED on the motion of Alderman Crowe, seconded by Alderman Puttick, that Mr. Charles Cheesman be appointed to fill the Aldermanic vacancy created by the resignation of Donald J. Wallace. The motion Carried unanimously. B Y - LAW ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that leave be granted to introduce the following by-law, and the by-law be given a first reading: No. 76-22 - A By-law to appoint Charles Cheesman a member of Council of the City of Niagara Falls. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded bY Alderman Mann, that the following by-law be now read a second and third time: No. 76-22 - A By-law to appoint Charles Cheesman a member of Council of the City of Niagara Falls. Carried Unanimously It was moved by Alderman Mann, seconded by Alderman Puttick, that the meeting adjourn. .~. MAYOR SEVENTH MEETING Council Chambers February 9, 1976 REGULAR MEETING Council met on Monday, February 9, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Michael. His Worship, Mayor Bukator presided as Chairman. Alderman Orr offered the Opening Prayer. DECLARATION OF OFFICE - ALDERMAN CHARLES CHEESMAN Alderman Charles Cheesman was sworn in as a member of the Municipal Council. The City Clerk, J.L. Collinson, conducted the Declaration of Elected Office and the Oath of Allegiance. In welcoming Alderman Chessman, His Worship, Mayor Bukator noted that Alderman Cheesman's past experience and knowledge w6uld be an asset to Council and to the City of Niagara Falls. NOTE: Alderman Crows arrived at the meeting. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the minutes of the regular meeting of February 2, 1976, and the special t meeting of February 2, 1976, be adopted as printed. DEPUTAT IONS MR. J. PIZZATI RE: SIGN PERMIT This matter was not dealt with by Council in that Mr. Pizzati was not in attendance at the Council meeting. N.P.H.B. LAND DEVELOPMENTS LTD. RE: SHRINER'S CREEK PROJECT Comm. No. 30 - Mr. E. Jack Lowrey, Secretary/Treasurer, N.P.H.B. Land Develop- ments Ltd. The communication requests that Council establish a special committee of staff and Council members to meet with the land owners and developers affected by the proposed Shriner's Creek prOJect in order to solve specific problema. Mr. Low~ey. was graDte4 permissfo~ to address Council on the motion of Alderman Mann, seconded by Alderman Crowe. Mr. Lowrey referred to the two problems both Council and the land owners are faced with concerning the Shriner's Creek project, namely the acquisition of land, and the funding of the project. He felt that the establishment of a special connnittee to meet with the land owners and developers would assist in the handling of these two problems, and allow work on the project to proceed. Alderman Puttick expressed the concern that these meetings would be held when there was no assurance that the project will proceed st this point, and mentioned the possibility that the objectors could influence the O.M.B. during hearings. Alderman Crows felt it would be advisable to hold the meetings to iron out problems before hand, He also felt that if the objectors were involved at this point, their questions could be resolved thereby eliminating the necessity of an O.M.B. hearing. Mr. Lowrey agreed that the meetings could include the objectors and environmentslists as well as the land owners and developers involved. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Fete, that a special committee comprised of members of Council and City staff be established to meet with the land owners and developers involved in the Shriner's Creek project. The motion Carried unanimous ly. His Worship, Mayor Bukator appointed Aidemen Crows and Thomson to serve on the special commtttee~ UNFINIS}~ED BUSINESS REMOVAL OF HEDGES & SHRUBBERY OBSTRUCTING THE VISIBILITY OF MOTORISTS Report No. 58 - City Manager - The report recommends 1) That the ownera of property on which offending shrubberies or hedges are located be contacted - 2- immediately with a request that remedical action be taken; 2) That a re-inspect: be made prior to the letters being sent in order to verlfy that no action has be taken since the original report was prepared by the Safety Council. Following notification to the owners of the affected properties, a further report can be submitted to Council outlining the results achieved; and 3) That the Safety Council be thanked for their co-operation in this matter. Alderman Thomson pointed out that the location of some of these hedges is on City property, and asked if the City had the authority to trim hedges or shrubs when they are located on City property. The Director of Municipal Works explained that the City did have this authority, but in many cases, the location of the street line, particularly in older areas of the City, is difficult to define. Alderman Schisler pointed out that all property owners should be notified prior to any action being taken. ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that the report be received and adopted. KEEPING OF DOMESTIC FOWL IN A DEFINED AREA OF THE CITY Report No. 59 - City Manager - The report recommends that in view of the objections received, that further implementation of the proposed by-law be terminated, and that those persons who took the time and effort to respond to the City's request for comments be advised of the City's appreciation. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann, that the report be received and adopted. PROPOSED NIAGARA FREEWAY Report No. 60 - City Manager - The report recommends that the by-law to authorize the conveyance of land and the payment of the funds owing to the Region, be given the necessary readings. ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the report be received and adopted. See By-law No. FORb~RFALLS ViEW FIREBALL · . Report No. 61 - City Manager - The report recommends that Council adopt Official Plan Amendment No. 78 by by-law. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. See Resolution No. See By-law No. 76-212 See By-law No. 76-2' COMMUNICATIONS No. 31 - Greater Niagara Transit Commission - Re: Bus Stops - Intersections. The communication advises of the investigation of complaints regarding the location of certain bus stops near intersections. ORDERED on the motion of Alderman Thomson, seconded by Aldemaan Smeaton, that the communication be received and filed, and the Greater Niagara Transit Commission be thanked for their assistance and co-operation in this matter. No. 32 - Mr. W. McBurney - Re: Bell Telephone Service After Hours. The communication advises.of Bell'Telephone's policy regarding service.after 5:00 p.m., and requests that Council contact Bell Canada on the matter. Alderman Smeaton felt that the Bell's policy on after hours service was a matter of concern, particularly when this service could be required by senior citizens or shut-ins in emergency situations. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann, that the City Clerk contact Mr. T. Pybus, manager of the local Bell Canada Office, to discuss the matter more fully. REPORTS No. 62 - City Manager - Re: Submission to Niagara Region Study Review Commission' The report outlines several questions for discussion, which could be included in the preparation of a brief to the Niagara Region Study Review Commission. -3 - Alderman Crowe felt that the matter of Regional Government was of much concern to the members of Council and the citizens of Niagara Falls, and he suggested that a special meeting be held which would be open to the public and advertised in the press. He felt that as many persons as possible should have an opportunity to express their views on the matter. Aiderman Puttick and Schisler pointed out that the Niagara Region Study Review Cormnission had called for briefs and comments from the public previously, and that public meetings had been held with very poor attendance. This matter was considered further by Council, and following the discussion, it was moved by Alderman Crows, seconded by Alderman Thomson, that a special meeting be held in place of the regular meeting of February 16, 1976, open to the public for the purpose of discussing Regional Government, and further that the special meeting be advertised in the press. The motion Carried with Alderman Puttick voting contrary. No. 63 - City Manager - Re: Appointments to Boards, Con~nissions & Committees. The report outlines the vacancies created by the resignation of former Alderman Wallace, and the appointments necessary due to the expiration of terms on various boards, commissions and committees. 1) Niagara Falls Public Library Board - ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that Mr. F. Petrie be appointed to the Niagara Falls Public Library Board. Carried unanimously. 2) Niagara Parks Commiss ion - ORDERED on the motion of Alderman Chessman, ~ ?~ seconded by Alderman Schisler, that Aideman Thomson be appointed to the Niagara Parks Commission. Carried unanimously. 3) Greater Niagara General Hospital Board - ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson, that Alderman Chessman be appointed to the Greater Niagara General Hospital Board. Carried unanimously. 4) Court of Revis ion - ORDERED on the motion of Alderman Fern, seconded by Alderman Thomson, that Mr. G. Prata be appointed to the Court of Revision. ORDERED on the motion of Alderman Crows, seconded by Alderman Smeaton, that Mr. F. Ingham and FAr. I. Smith be re-appointed to the Court of Revision. Carried unanimously. 5 ) Committee of Adjustment - ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that Mr. P. Pesquet and Mr. G. Watson be re-appointed and Mr. W. Pattison be appointed to the Committee of Adjustment. Carried unanimously. 6) Niagara District Airport Commission - ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that Aldermen Fern, Michael and Schisler, Mr. J. Merrett, Mr. J. Montgomery, Mr. A. MacBain, Mr. C. Da~, and Mr. P. C,~mings be appointed to the Niagara District Airport Conmission. The motion. Carried with Alderman Puttick voting contrary, and all others in fayour. 7) Niagara Frontier Humane Society - ORDERED on the motion of Alderman Crows, seconded by Alderman Stewart,.- that Alderman Thomson be appointed to the Niagara Frontier Humane Society. Carried unanimously. 8) Greater Niagara Trans it Commission - ORDERED on the motion of-Alderman Smeaton, seconded by Alderman Thomaon,-.that Mr. H. Mart and Mr. W. Sootheran be re-appointed to the Greater Niagara Transit Commission. Carried unanimously. 9) Recreation Commission - ORDERED on the motion of Alderman Thomson, seconded '~' by Alderman Stewart, that Aldermen Mann and Schisler be appointed to the Recreation Commission. ORDERED on the motion of Alderman Mann, seconded by Alderman Crows, that Mrs. E. Wilson and Mr..W. Hinsberger be re-appointed and Mrs. F, Willlama and Mr. R. Blanchfield be appointed to the Recreation CommiSsion for a two-year period. Carried unanimously. 10) Civic Month Committee - ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that Alderman Chessman be appointed to the Civic Month Committee. Carried unanimously. ll) Niagara Falls Board of Museums - ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr, that AIdermen Crows and Chessman be appointed to the Niagara Falls Board of Museum, and further that a by-law be prepared to increase the Board membership from seven to ten members. Carried unanimously. 12) Main and Ferry Business Improvement Area - ORDERED on the motion of Alderman Schisler, seconded by Aideman Thomson, that Alderman Hsrrigan, Mr. B. Fear, Mrs. Jean Cook, Mr. D. Stirtzinger, Mr. G. Mullet, FAr. R. Sake and Mrs. I. Bald be appointed to the Main and Ferry Business Improvement Area. Carried unanimously. Downtown Business Imvro emenC Ara - ORDERED the motion of Alderman 13) Schisler, seconded by AIaerman T~ on omson, that Mr. D. Cartel, Mr. C. Burlay, Mr. B. Balleft, Mrs. J. Loberg, Mrs. E. Zilbert and FAr. J. Fishman be appointed to the Downtown Business Improvement Area. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that Alderman -4- puttick beappointed to the Downtown Business improvement Area. Carried Unanimously. 14) Niagara Falls Community Centrag Board - ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that His Worship, Mayor Bukator and all members of Council be appointed to the Niagara Falls Community Centres Board. Carried unanimously. 15) Property Standards Con~nittee - ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe, that Mr. G. Taylor be re-appointed to the property Standards Committee. Carried unanimously. 16) Architectural Conservation Advisory Committee - ORDERED on the motion of Alderman Thomson, seconded by Alderman Crowe, that Mr. F. Pettie, Mr. H. Chesher, Mrs. A. Walker, Mr. D. Chapman, Mr. A. Robertson, and Alderman Schisler be appointed to the Architectural Conservation Advisory Committee. Carried unanimously. 17) Weed Inspector - Mr. V. Scsringi. 18) Railway Relocstion Committee - ORDERED on the motion of Alderman Thomson, seconded by Alderman Crowe, that Alderman Cheesman be appointed to the Railway Relocation Committee. Carried unanimous ly. It was then moved by Alderman Mann, seconded by Alderman Thomson, that a letter of thanks be sent to b~. R. Perkth, who will not be returning to his position of Chairman of the Recreation Commission, conveying the appreciatic of Council for his contribution to!!recreation in the City of Niagara Falls. The motion Carried unanimously. No. 64 - City Manager - Re: Use of City-owned Parks. The report recommends that any applicant or organization wishing to use City-owned parks for such events as carnivals, be required to post a deposit receivable by the City prior to permission being granted. It is suggested that $250 be charged for local organizations and $500 for out-of-town organizations. ORDERED on the motion of Alderman Crowe, seconded by Alderman Mann, that the report be received and adopted. . No. 65 - City Manager - Re: Acquisition of Land - Woodbine Redevelopment Area, Lot 23, Plan 74, Woodbine Avenue. The report recommends that the City immediateL proceed with the acquisition of the property at a price of $12,500, and that immediately following the acquisition, the municipality accept offers for the purchase of the vacant land. ORDERED on the motion of Alderman Crowe, seconded by Alderman Fare, that the report be received and adopted. No. 66 - City Manager - Re: Training Course on Drainage Act. The report rec~mnends that one member in the Municipal Works be authorized to attend a one-week course for municipal personnel perfgrming functions in the administration of the Drainage Act. The course is scheduled for April 5 - 9, 1976 at the University of Guelph. Alderma~ Smeaton felt that the Director of Municipal Works had the knowled to implemeht 'the'Act, and felt it unnecessary to send a member of staff to the course. Alderman Puttick felt it was necessary that municipal staff obtain th~ type of knowledge, and pointed out that the conventions and conferences artended by members of Council and staff should be questioned first. Following further discussion, it was moved by Alderman Mann, seconded~,~J by Alderman Thomson, that the report be received end adopted. The 'motion Carried with Alderman.Smeaton voting contrary, and all others in fayour. No. 67 - City.Manager - Re: Tender Award for Contract S.S. 1-76, Glenview N.I.P. Storm Sewer Construction. The report recommend~ that the project be authorizing the execution of n n e h c a readings. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that the report be received and adopted. See Resolution No. gee By-law No. 76-29 No, 68 - His Worship, Mayor Bukator - Re: Prince Charles Park Swimming Fool. The report advises that the Fallsview Hone Brigade has completed its commit- ment towards the building of the Prince Charles Park Swimming Pool, and to dace, the Niagara Falls and District Labour Council .hae~-contributed $9,000 to the project. In the report, the. MayOr.esipressed his pleasure and - 5 - congratulations to the Fallsview Hose Brigade and the Niagara Falls and District I~bour Council on their success to date, and directed that a letter of appreciation be sent to each body. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and filed, and a letter of appreciation sent to the Fallsview Hose Brigade and the Niagara Falls and District Labour Council. No. 69 - City Clerk - Re: Application for Auctioneer Licence. The report advises that an application has been received from Mr. C.L. Garner for an Auctioneer licence, with the proceeds of the sale to go toward the work of retarded children. ORDERED on the motion of Aldernmn Crowe, seconded by Alderman Mann, that the licerice be granted subject to confirmation that the proceeds of the sale will go toward the work of retarded children. No. 70 - City Manager - Re: Building permits. Breakdown of permits issued by the Building & Development Department for the month of January, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and filed. No. 71 - City Manager - Re: Municipal Accounts- Recommending payment of municipal accounts. In response to questions raised by Aldermen puttick, Schisler and Fera, the City Manager provided clarification on Cheques No. 1896, 1900, 1920, 1930, 1965, 1973 and 1974. ORDERED on the motion of Alderman Crowe, seconded by Alderman Fera, that the report be received and adopted. RESOLUTIONS No. 6 - TRO~]ON - SI~ATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Mr. K. Moore for the rezoning of Lot 23 and the westerly 36 feet of Lot 32, Registered Plan No. 68 for the former Township of Stamford, now in the City of Niagara Falls, situated on the southeasterlY corner of Dunn Street and Allanthus Avenue, will conform to Official plan Amendment No. 28 as amended and approved by the Minister of Housing, once Amendment No. 78 is approved by the Minister of Rousing; AND the Seal of the Corporation be hereto affixed. Carried Unanim°uslZ No. 7 - SCHISLER - THOMSON - RESOLVED that the unit prices submitted by · Pine Vale Construction Limited for the construction of storm sewers in the Glenview N.I.P. Area be accepted at the tendered price of $136,641.00; AND the Seal of the Corporation be hereto affixed.. · Carried U~animous.lZ B Y - lAWS ORDERED on the motion of Alder~n Mann, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 76-23 - A By-law to authorize the conveyance to the Regional Municipality of Niagara of land acquired for the proposed Niagara Freeway. No. 76-24 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls planning Area. (Falls View Fireball) No. 76-25 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls. (Falls View Fireball) No. 76-26 - A By-law to authorize an agreement with Her Majesty The Queen In Right of 0ntsrio represented by the Minister of Housing. (Drummond South) No. 76-27 - A By-law to authorize an agreement with Her Majesty The Queen In Right of Ontario represented by the Minister of Housing. (Glenview) No. 76-28 - A By-law to authorize the execution of a development agreement with Ontario Mousing Corporation, (BucklaY Avenue) - 6 - No. 76-29 - A By-law to authorize the execution of an agreement with Pine Vale Construction Limited for the construction of storm sewers as part of the Glenview Neighbourhood Improvement program. No. 76-30 - A By-law to provide monies for general purposes. ' ' Carried Unanimousl~ ~ ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe, that the a. following by-laws be now read a second and third time: No. 76-23 - A By-law to authorize the conveyance to the Regienat ' Municipality of Niagara of land acquired for the proposed Niagara Freeway. ~ No. 76-24 - A By-law to provide for the adoption of an amendment to the Official.. ' plan of the Niagara Falls planning Area. (Falls View Fireball) No. 76-25 - A By-law to amend By-law No. 2530, 1960 of the former Township of .~ Stamford, now in the City of Niagara Falls. (Falls View Firehall) :; . to authorize an agreement with Her Majesty The Queen In t No. 76-26 A By-law Ontario represented by the Minister of Housing. (Dr''mmond ' Right of %; South) I No. 76-27 - A By-law to authorize an agreement with Her Majesty The Queen In ~ Right oftOntario represented by the Minister of Housing. (Glenview)~l No. 76-28 - A By-law to authorize the execution of a development agreement withl~ Ontario Housing Corporation. (Bucklay Avenue) ~ No. 76-29 - A By-law to authorize the execution of an agreement with pine Vale · Construction Limited for the construction of storm sewers as part of the Glenview Neighbourhood Improvement Program. No. 76-.3~ - A By-law to provide monies for general purposes. i, Carried Unanimously., It was moved by Aldernmu Crowe, seconded hy Alderman Smeaton, that meeting adjourn. ND ADOPTED, . , the EIGHTH MEETING Council Chambers February 16, 1976 SpECIAL MEETING Council met on Monday, February 16, 1976, at 7:30 p.m. for the purpose of diseussing Regional Government in order to prepare a brief to the Niagara Region Study Review Commission- All Members of Council were present. His Worship, Flayor Bukator presided as Chairman. REPORT No. 7Z - CitYManager ' Re: Gas Survey at Houck park. The report recommends that the proposal of Cartnet Lee Associates and proctor & Redfern for the survey of the generation and migration of methane gas st Houck Park, in the amount of $11,500, be accepted, and that the by-law authorizing the acceptance of the proposal be given the necessary readings. In response to a number of questions raised by members of Council, the Director o£ Municipal Works provided additional clarification on the conditions at ~ouck park, and the method by which the problem will be handled. Alderman "puttick was of the opinion that copies of the proposals'should be made available to Council, and that the consultants should make a presentation ~ to Council. Following further discussion, it was moved by Alderman puttick, Seconded By Alderman Smeaton, that the report be tabled for one week, and that the consultants be requested to make a verbal presentation.to Council on their proposal for a survey of the generation and migration of gas' at Houck Park. ~he motion was Defeated with the following vote: AYE: Aldermen Michael~Puttick, Schisler and Smeaton- };AYe: Aldermen Growe, Fare, Harrigan, Mann, err, Stewart, Thomson and Cheesman. ' It was then moved by Alderman Thomson, seconded by Alderman err, that the report be received and adopted. The motion ~srrie~. with the following Thomson Vote: AYE: Aldermen Crowe, Fete, Harrigan, Mann, Orr, Smeeton, Stewart, T'~' and Cheesman. ~AY~..: Aldermen M-tehael, puttick and Schtsler. RESOLUTION No. 8 - MANN - THOMSON - RESOLVED that the Corporation of the City of Niagara Falls petition for subsidy under the provisions of the public Transportation and Highway improvement Act on expenditures made during the year 1975 in the amount of $3,017,554.Z5; AND the Seal of the Corporation be hereto affixed. Carried Unanim°us.lZ By-lAW ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeared, that leave he granted to ~ntroduce the following by-law, and the by-law be read a first time: No. 76-31 - A By-law to authorize the acceptance of a proposal made by Gsrtner Lee Associates Ltd. and the proctor and Redfern Group for the survey of ~he gene~ation and migration of gas. Carried with Aldermen puttick and Schisler votin~ contrary and all others in fayour. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the following by-law be now read a second and third timel No, 76-31 - A..By-law to au~horize the acceptance of a proposal made by Cartnor Lee Associates Lid. and the proctor and Redfern Group for the survey of ~he generation and migration Of gas, Carried with Aldermen put~ick and Schisler voting contrary and all others in fayour. - 2- DISCUSSION ON REGIONAL GOVERNMENT Members of Council, His Worship, Mayor Bukator, and Regional Councillors discussed the various aspects of Regional Government and its effect on the City of Niagara Falls, as well as present conditions in the City, and suggesti0i on the more efficient operation of Regional Government in co-operation with the area municipalities. Mr. William Archer, Commissioner of the Niagara Region Study Review Cormmission was also in attendance at the meeting, and spoke briefly to Council regarding the submission of a brief from Niagara Falls. It was the intent of Council thst conments made during the discussion be used in the preparation of a brief to Mr. Archer. It was moved by Alderman Mann, seconded by Alderman Thomson, that the meeting adjourn. ~D A~ADOPTED, NINTH MEETING Committee Room #1 February 23, 1976 Council met in Committee of the Whole at 7:00 p.m. on Monday, February 23, 1976. All Members of Council were present with the exception of Alderman Stewart. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Conunittee of the Whole arose without reporting. READ AE~) ADOPTED, MAYOR LERK \ ~I . Council Chambers ~ ' February 23, 1976 Council met on Monday, February 23, 1976, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the ~ exception of Alderman Stewart. His Worship, Mayor Bukator presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES It was moved by Alderman Puttick, seconded by Alderman Smeaton, that the report dealing with a gas survey at Houck Park, as considered by Council at the meeting of February 16, 1976, be reconsidered. The motion Carried unanimously. Alderman Puttick stated that he wished the matter to be reconsidered because Council made their decision to engage consultants without the benefit of perusing the written proposals. He felt that there were certain points Council should consider before making a decision, such as whether the existing vents at the park could be cleared in order to solve the problem, whether or not the engineering department could handle the problem without the engagement of consultants, and the fact that the expenditure of $11,500 was not the upper limit on the cost, and correction of the problem would require an additional expenditure of $40,000 to $50,000. The Maintenance & Operations Engineer explained the methods proposed by the consultants, as well as their qualifications as experts in this field. It was further pointed out that none of the engineers on staff were qualified as hydrologists or chemical engineers, and the Maintenance & Operations Engineer did not feel that staff could take the responsibility of rectifying the problem. Alderman Thomson pointed out that if an explosion were to occur as a result of the gas leakage at Houck Park, the City would be held legally responsible. Alderman Mann expressed his concern that if the remedial work is not undertaken, the park should not 'be open this summer, particularly if there is any risk of explosion. Following considerable discussion, it was moved by Alderman Puttick, seconded by Alderman Smeaton, that the report be tabled, that copies of the consultants report be submitted to Council for the next meeting, and that no formal action be taken to commence work on the project until further consideration of the matter is made by Council. The motion Carried unanimous ly, Alderman Michael requested that his name be shown as voting contrary to the passing of By-law No. 76-31 in the minutes of the meeting of February 16, 1976. It was moved by Alderman Fete, seconded by Alderman Mann, that the minutes of the meeting of February 9, 1976, and the minutes of the meeting of February 16, 1976, as amended, be adopted. The motion Carried unsnimously. DEPUTATION pHOTOGRAPRER*S LICENCE FOR ANGEL pHOTOGRAPHIC STUDIOS Mr. Dale Plylet of Angel photographic Studios was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Orr. Mr. Ply~er explained that his firm operates on a coupon certificate basis. These coupons are included in booklets sold in the City of Niagara Falls, ' and entitle the purchaser to a portrait. The photoarsphs are taken in a suite at one of the Cityts local motels. Mr. Plylet explained that he had an obligation to the purchasers of these coupons to tske the portraitsJ since the. coupons. were purchased some time ego. - 2- Mr. Plyler provided additional information in response to a number of questions raised by members of Council. It was then moved by Alderman Thonmon, seconded by Alderman Fern, that the application for a photographer's litante be denied. The motion Carried unanimously. COMMUNICATIONS The communication No. 33 - Niagara Transit - Re: Statement of Affairs - 1975. advises of the Conffnission's intent to increase each level of fare by 5¢, with the transition to the exact cash fare system. Also attached is the 1975 statement of affairs, as well as additional information regarding the 1975 operations. Mr. G. Mowers, Chairman of the Conmiss ion was granted permission to address Council on the motion of Alderman Thomson, seconded by AldermanSmeato~ Mr. Mowers commented briefly on the proposed rate increases, and provided further information in response to inquiries from members of Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr, that the communication be received and filed, and further that the Greater Niagara Transit Commission proceed with their rate increases as proposed. No. 34 - Oxfam-Canada - The communication requests the proclamation of a week of concern for the earthquake victima of Guatemala. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the week of March 7th - 13th, 1976, be proclaimed as "Guatemala Earthquake Relief Week". No. 35 - Chamber of Carmerce - The communication advises that the Executive Council of the Chamber has discussed Council's request to appoint one full-time representative to the Board, and invites Council to nominate a representative. ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, ~hat Alderman J. Michael be appointed as the aldermanic representative to attend meetings of the Board of Directors of the Chamber of Commerce. No. 36 - Ontario Municipal Board - Re: Proposed Capital Expenditure Projects. The communication advises of the procedure to be followed in obtaining Board approval for certain capital expenditures in 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the connunication be received and filed. No. 37 - Regional Niagara Health Unit - Re: Mosquito Control. The connunicatio'~ advises ~f a seminar to be held on the matter of mosquito control. Alderman Michael suggested that a representative of the Region attend the seminar, and that the information be reported back to Niagara Falls. Alderman Thomson pointed out the importance of mosquito control due to the outbreak of vital encephalitis in 1975. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Puttick, that Alderman Thomson be authorized to attend the seminar to be held in Burlington on February 25 and 26, 1976. No. 38 - Regional Niagara Health Unit - Re: Fox Population in the Niagara Region. The communication requests that emphas is be placed on controlling stray dogs in the City due to the increased fox population, and the danger of transmission of rabies. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the communication be referred to the Humane Society with the request that emphasis be placed on controlling the number of stray dogs. No. 39 - Regional Municipality of Niagara - Re: Regional land Division Commttte~ The communication requests the submission of a name or nsme8 of persons prepare~ to serve on the land Division Counittee. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Chessman, that Che Regional Municipality of Niagara be advised that Mr. P.A. Pasquet ~s prepar~ to serve on the Regional land 'Division Committee. REPORTS No. 73 - Planning & Development Coen~ttee - Re: AM-34/75, 254188 Motor Inn Ltd Clark Avenue. The C~ittee recommends that Council certify by resolution that the application conform to Official Plan Amendment No~ 28 of the NiaSara Falls -3- planning Area as amended and approved by the Minister of Housing, and further that the application be approved subject to Development Control, the entire holding being placed under one by-law, and agreement and standards previously approved on the site. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the recom~nendations of the Planning & Development Committee be adopted. NOTE: Alderman Crows declared a conflict of interes t, and did not participate in the vote on this matter. See Resolution No. 9 See By-law No. 76-3'2 No. 74 - Planning & Development Committee - Re: AM-35/75, Power Glen Investments & D.B. Manniwell, McLeod Road. The Committee recommends that Council certify by resolution that the applicstion conforms to Officia 1 Plan A~nendment No. 28 of the Niagara. Falls Planning Area.as amended and approved by the Minister of Housing, and further that the application be approved subject to Development Control, :'50 foot minimum setback along the northerly boundary and minimum standards of the Draft Zoning By-law. Mr. F. Higgins, a resident of Hawkins Street, was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Orr. Mr. Higgins outlined the objections of the ares residents, which dealt mainly with an increased flow of traffic, loss of privacy in rear yards, loss of natural drainage in the area and increased pressure on the existing system. The residents also felt that the development would encourage similar proposals in the area. It was also pointed out that the property owners had purchased their homes With the intention of living in s single-family residential area. Members of Council conmented on objections of the residents, and various aspects of the proposal. It was then moved by Alderman Schisler, seconded by Alderman Smeaton, that Mr. D. McDermid, solicitor for the applicants, be permitted to address CoUncil. Mr. McDermid explained that the developers of the proposal were local persons who assembled the property on the basis of the Official Plan designation of multi-femtly residential. The density has been reduced from the twenty units permitted in the Official Plan to fourteen units. The present properties heve four driveways and the proposed development would result in only one driveway. The units would be two storey dwellings with full basements. It would be a condominium development, with ownership of the units by the residents. The proposal would yield roughly $11,200 per year in tax dollars compared to the $900 presently paid on the property. The lands would not drain into the existing system behind the property in question, and would therefore not create any pressure on that system. M~. McDermid emphasized the need for this type of housing in that many young families and older persons could not afford completely detached homes. photographs of the existing condition of the property were distributed to members of Council. Mr. M~Dermid also answered a number of questions raised by members of Council regarding maintenance', selling price and other aspects of the condominium units. Mr. D. Wilson, one of the developers involved in the project, also provided additional information. -~ Mr. D. Costsilo, a resident of Hawkins Street, was granted permission to address Council on the motion of Alderman Crows, seconded by Alderman Orr. Mr. Costello ~ointed out that many of the condominium type homes were only purchased by persons unable to afford single-family homes, and eventually resold in order to purchase e single-family residence. In contradiction to -the statement that 90% of the trees would be preserved, it was pointed out that the housing would be located where some of the letget trees presently exist. Mr. Costello further stated that 'the Official Plan had been changed after the residents had purchased their homes, and that many of these res idente had purchased the homes when they were first built. Members of Council debated this matter at 8rest length, and following considerable discussion, it was moved by Alderman Crows, seconded by Alderman Thongson, that the reco~nendations of the planning & Development Committee be adopted. The motion was Lost with the following vote: AYE: Aldermen Crows, Harrigan, Schis ler, Thomson, Cheesman and Mayor Bekator. NA"~: Aldermen Fern, Mann, Michael, Orr, Puttick and Smeaton. It was then moved by Alderman Chessman, seconded by Alderman Harrigan, that the application be tebled in order to allow further discussions between 'the area residents and the developers. The motion Carr.i~d. with the following vote: AYE: Aldermen Crowe~ Harrigan, Schisler~ gmeaton, Thomson and Cheesman. NA"~: Aldermen Fera, Mann, Michael~ Orr and Puttick. _ _ No. 75 - Planning & Development Committee - Re: AM-39/75, Kenmore Holdings Ltd. Allanthus Avenue. The Committee recommends that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing, and further that the application for two semi-detached lots be approved with the condition that the developer be required to pay the additional monies required,~ under the City's policy for expansion and renewal imposts. AND No. 76 - City Manager - Re: AM-39/75, Kenmore Holdings Ltd., Allanthus Avenue. The report recommends that the by-law to authorize an amending agreement provid, for payment of the additional impost and deletion of the site plan requirement for Block "B" , be given the necessary readings. further that the report of the City Manager be received and adopted. NOTE: Alderman Michael was absent when the vote was taken on this matter. See Resolution No.1 See By-law No. 76-3.~ See By-law No. 76-3~{' No. 77 - Planning & Development Committee - Re: AM-3/76, D. Costs, Allen Avenue~ The Committee recommends that the application be denied. His Worship, Mayor Bukstor advised that the applicant had requested that the application be tabled for two weeks. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be tabled. for twoc~eeks. No. 78 - City Manager - Re: Re-zoning Application - AM-7/73, A. & P. Calaguiro,~ Mountain Road east of Dorchester Road. The report recommends Counoil's consideration of the recommendation of the Planning & Development Committee tha~ an Official Plan amendment be prepared to permit the residential development of the Calaguiro property and that Council certify by resolution that the applicatM' will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Ar~ once an amendment is approved by the Minister of Housing. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the r~port be received and adopted. See Resolution No. No. 79 - City Clerk - Re: Restricted Area By-law 75-239, N. D~scenzo. The ,~ report advises that the Ontario Municipal Board has appointed Monday, April 26, 1975, at 11:00 a.m. in City Hall Council Chambers for the hearing of all parties' interested in supporting or opposing the application. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and filed. No. 80 - City Manager - Re: Workmen~s Compensation. The report reco~nends that the City not take out excess coverage insurance due to the very high deductible amount which would not Justify the ~xpenditure ~f 'the annual premium. ORDERED on the motion of Alderman Crows, seconded by Alderman T~omson, that the report be received and adopted. No. 81 - City Manager - Re: Employee Benefits. The report requests approval for staff to proceed with obtaining the information necessary to review the current rates for Group Life Insurance and the Extended Health Care plan. ORDERED on the motion of Alderman Crows, seconded by Alderman 0rr, that the report be received and adopted. No. 82 - City Manager - Re: Site Plan Approval - Willoughby Drive Collision. The report reconnends approval of the site plan as submitted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. No. 83 - City Manager - Re: Residential Rehabilitation Assistance Programme ~ Agency Agreement with C.M.H.C. The report recommends that the by-law authorizin~ an amendment to the agreement between the City end C.M.H.C. for the process ing of loans under the R.R.A.P. program, be given the necessary readings, and C.M.H. advised accordinaly. ORDERED on the motlon of Alderman Orr, seconded by Alderman.Thomson, that the 'report be received and adopted. See By-law No. 76-3~ No. 84 - City MansKer - Re: Acquisition of land - Woodbine Redevelopmerit Area, Lot 23, Plan 74 - 8135 Woodbine Avenue. The report recommends that the by-law - 5 - authorizing the acquisition and clearance of Lot 23, Plan 74 on Woodbine Avenue, be given the necessary readings. ORDERED on the motion of Alderman Crows, seconded by Alderman Schisler, that the report be received and adopted. See By-law No. 76-37 No. 85 - City FAmnager - Re: Parking on Culp Street. The report recommends that parking be prohibited at all times from a 50' section on the south side of Culp Street in front of the Grace Abbey Home, and that this "No Parking" area be signed by ambulances only. ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that the report be received and adopted. No. 86 - City Manager - Re: Parking on Ferry Street. The report recommends that the City request the Regional Municipality of Niagara to extend the 18 month period initially granted in light of the necessity to reduce capital expenditures. ORDERED on the motion of Alderman Crows, seconded by Alderman Fera, that the report be received and adopted. No. 87 - City Manager - Re: Parking on Magdalen Street. The report recommends that parking be prohibited at all times from the norrheas terly side of b~gdalen Street from McGrail Avenue to Ellen Avenue. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. ' No. 88 - City Manager - Re: Downtown Parking Lots. The report recommends that ~he City Manager be authorized to obtain quotations for the necessary parking gates, and that the necessary by-laws be prepared to authorize control of the Downtown parking lots in this way. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. No. 89 - City Manager - Re: Ontario Traffic Conference Elected Representatives Seminar. The report recommends that two members of Council be authorized to attend the seminar in Toronto on February 26, 27 and 28, 1976. Alderman puttick advised that he and Alderman Thomson usually attend this seminar, but felt that no representatives of Council should attend this seminar in view of the City's efforts in spending restraints. The Alderman Suggested that if any representatives from Regional Niagara were to attend the conference, copies of any subsequent reports could be requested by the City. Alderman Thomson pointed out that there are usually two conferences of this type during the year, and that Council could have representation at the later conference. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thon~on, that there be no Council representative at the Ontario Traffic Conference Elected Representatives Seminar. No. 90 - City Manager - Re: By-law Enforcement. The report recoumlends that the by-law authorizing the execut~pn of an agreement with the Canadian Corps of Commissionaires be given the necessary readings. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Chessman, that the report be received and adopted. See By-law No. 76-38 NOTE: Alderman Puttick retired from the meeting. No. 91 - City Manager - Re: Connection of Bender HiLl to Palmar Avenue. The report recommends that the connection of Bender Hill to Palmar Avenue be considered by Council during the budget discussions on the basis that 50% of the cost be paid by the banefiring property owners and that the crossing not be designed or signed to encourage tourist traffic to use the crossing. The Projects & Services Engineer provided further information in response to a question raised by Alderman Michael concerning the cost-sharing arrangements for the connection. ORDERED on the motion of Alderman Thomson, seconded by Alderman Michael, that the report be received and adopted. No. 92 - City Manager - Re: Regional Roads Classification Review - 1976. The report reconmmuds that the Director of Engineering for the Regional Municipality of Niagara be advised that the City of Niagara Falls agrees with the addition 'of Stanley Avenue extension across the Welland River connecting Lyons Creek Road to Stanle Avenue, to the Regional roadway network; and that the City of NiaSara Falls ~oes not agree to the addition of Main Street between Fer;y and Stanley to the Regional roads system. ORDERED on the motion of Alderman ThomsOn, seconded by Alderman Crowe, that the report be received and adopted. No. 93 - City Manager - Re: Former Branch 51 Royal Canadian Legion Property Victoria Avenue. The report advises that the M.T.C. has inquired if the City would be interested in using the former Legion site in conjunction with the small parkerrs on Victoria Avenue. The land will be available for $1.00 per year. It is reconmmnded that the Ministry be notified that the Municipality is prepared to lease the lands at the corner of Stamford Street and Victoria Avenue for $1.00 per year, and that the parks Dept. be instructed to arrange for maintenance of the property. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that the report be received and adopted. No. 94 - City Manager - Re: Use of Former Dunn Street Fireball. The report adviaes that a request has been received from the Niagara Falls Lions Club regarding the possible use of the former firehall for the purpose of holding .a one-day garage sale. It is recommended that permiss ion be granted on the understanding the Club will, prior to the event, provide the Municipality with proof of insurance coverage indemnifying the City from all claims which may arise as a result of the holding of the event. ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the report be received and adopted. No. 95 - City Manager - Re: G.C. 2-76, Sewer, Water and Base Road Construction Fronteast Woods Extension Subdivision. The report reconmmnds that the contractS! be awarded to the low tendeter, Provincial Construction (Niagara Falls) Limited' and that the by-law authorizing the execution of the contract agreement be given the necessary readings. ORDERED on the motion of Aldemsn Mann, seconded by Alderman Schisler, that the report be received and adopted. See Resolution No.12 See By-law No. 76-39 No. 96 - City Manager - Re: Unopened Road Allowance on Misener ~oad between Carl Road and Bigger Road. The report advises of a request received from Mr. V. Pietrangelo for permission to perform certain work on an unopened road allowance known as Minenet Road between Carl Road and Bigger Road. The report advises that there is no objection to the reqeest providing an agreement acceptable to the City Solicitor's Office between the City and Mr. Pietrangelo is executed, containing the following items: 1) That the City be indemnified from all claims that might be occasioned by the use of this roadway; 2) That the use of the roadway is clearly identified with farm uses, with a calditlon that the roadway is not to be used for access to any new building which might be constructed along the road allowance; and 3) That the Municipality would indicate the location and limits of any tree cutting on the road allowance. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received a~d adopted. No. 97 - City Clerk - Re: Municipal Licences. Recommending approval of Municipal Liceaces. ORDERED on the motion of Alderman Mann, seconded by Alderman Crows, that the report be received and adopted, and the liceaces granted. No. 98 - City Manager -"Re: Municipal Accounts, recommending payment of municipal accounts. ORDERED on the motion of Alderman Crows, seconded by Aideman err, that the report be received and adopted. RESOLUTIONS No. '9 - MANN - ORE - RESOLVED that the Council of the'Corporation of the City of Niagara Falls hereby certify that the application of 254188 Motor Inn Limited for the rezoning of part of Lot 14, Plan 173, situated on the west side of Clark Avenue, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the l~nister of Rousing; AND the gee1 of the Corporation be h~Feto affixed. Carried with Aldern~, Crowe abstaining on ~ conflict of interest and all others votinf~ in favour, -, - 7 - No. 10 - THOMSON - SMEATON - RESOLVED that the Council of the Corporation of the City of Niagara Fails hereby certify that the application of Kenmore Holdings (Niagara) Limited for the rezoning of Block "B', according to Registered Plan NS 2, situated on the east side of Allanthus Avenue, conforms to Official plan Amendment No. 28 of the Niagara Falls planning Area as amended and approved by the Minister of Rousing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 11 - THOMSON - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of A. & P. Calaguiro for the rezoning of Part Twp. Lots 5, 16 and 25 situated on the north side of Mountain Road, east of Dorchester Road, will conform to 0fficial Plan Amendment No. 28 of the Niagara Falls planning as amended and approved, once an amendment is approved by the Minister of Rousing; AND the Seal of the Corporation be hereto affixed. Carried Una~imousl7 No. 12 - MANN - SCRISLER - RESOLVED the t the unit prices submitted by provincial Construction (Niagara Falls) Limited for the construction of sewernmins and watermains and base roads in the Frontenac Woods Extension Subdivision, be accepted at the tendered price of $57,420.25; AND the S~al of the Corporation be hereto affixed. Carried Unanimous.17 ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that leave be' granted to introduce the following by-laws, and the by-laws be read a first time: No. 76-32 - A By-law to amend By-law No. 5335, 1955, as amended. (AMT34/75, '5/,I ' 254188-Motor Inn Limited) No. 76-33 - TABLED No. 76-34 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-39/75, Kenore Holdings) No. 76-35 - A By-law to authorize the execution of an amending agreement with Kenmore Holdings (Niagara) Limited. No. 76-36 - A By-law to authorize an amendment to an agreement with Central ' " Mortgage and Housing Corporation respecting the Residential Rehabilitatiol Assistance programme. No. 76-37 - A By-law to authorize the acquisition and clearance of land in the Woodbine Redevelopmeat Area of the City. No. 76-38 - A By-law to authorize an agreement with Canadian Corps of Commissionaires '~ (Hamilton). No. 76-39 - A By-law to authorize the execution of an agreement with provincial Construction (Niagara Falls) Limited for the construction of sewermains, watermains and base roads. (G.C. 2~76) No. 76-40 - A By-law to provide monies for general purposes. Carried with Alderman Crone abstaining on a c5nflict of interest on By-law 76.-32 ORDERED on the motion of Alderman Thomson, seconded byAlderman Fern, that the follo~ing by-laws be now read a second and third time: No. 76-32 - A By-law to amend By-law No. 5335, 1955 as amended. (AM-34/75, 254188 Motor Inn Ltd.) No. 76-33 No. 76-34 ,g- - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-39/75, Kenmore Holdings) No. 76-35 - A By-law to authorize the execution of an amending agreement with Kenmore Holdings (Niagara) Limited. No. 76-36 A By-law to authorize an amendment to an agreement with Central Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Programme. .No. 76T.37 - A By-law to authorize the acquisition and clearance of land in the Woodbine Redevelopment Area of the City. No. 76-38 No. 76-39 No. 76-40 A By-law to authorize an agreement with Canadian Corps of Commissi0~ (Hamilton). A By-law to authorize the execution of an agreement with Provinciel Construction (Niagara Falls) Limited for the construction of sewerml and watermains and base roads. (G.C. 2-76) A By-law to provide monies for general purposes. Carried with Alders: Crows abstain~u~on~ conflict of interest.~ By-law No. 76-32 HEW BUSIHESS HEGOTIATIONS WITH LOCAL 133, C.U.P.E. Alderman Smeaton asked when Council would be reviewing the negotiations with Local 133, C.U.P.E. The City Manager advised that this review would be made very shortly. PARKING IN THE FORMER VILLAGE OF CHIPPAWA Alderman Smeaton advised that he had received several complaints from residents of the former Chippawn area regarding a parking problem. Cars are parking for considerable lengths of time, and the cars are never seen being tagged. The Alderman suggested that the Commissionaires be instru~ed to increase their policing of the area. SEGO EFFICIENCY STUDY Aldermen Thomson asked when the Sego Efficiency Study would be presented to Council. The City Manager advised that Mr. Pierce had been requested to make the presentation at theM arch ist, 1976 Council meeting. A & P 24-HOUR OPERATION Alderman Thomson advised that a number of residents in the apartment building located adjacent to the A & P store on Portage Road, had given notice of their intention to leave the building due to the noise of the 24-hour operation. The City Clerk advised that he had written to the Manager of the A & P, advising him that residents in the area could take action under the anti-noise by-law. A similar letter was also sent to the owner of the Town & Country Plaza where the store is located. The City Clerk further advised that the municipality could also initiate action under this by-law, if the residents are unsuccessful. ,,1., , , , , , It was moved by Aldermen Crowe, seconded by Alderman Thomson, that the meeting adjourn to Committee of ~h~le READ AND ADOPTED, MAYOR - 9- COMMITTEE OF THE WHOLE Committee Room #1 February 23, 1976 Council met in Committee of the Whole on Monday, February 23, 1976, following a regular meeting of Council. All Members of Council were present with the exception of Aldermen Michael, Puttick and Stewart. Alderman Marrigan presided as Chairmen. Following consideration items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR Council Chambers February 23, 1976 Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present with the exception of Aldermen Michael, Puttick and Stewart. His Worship, Mayor Bukator pressed as Chairman. The meeting adjourned. READ AND ADOPTED, MAYOR TENTH MEETING Committee Room ~t March 1, 1976 Council met in Committee of the Whole at 7:00 p.m. on Monday, March 1, 1976. All Members of Council were present with the exception of Aldermen Earrigan, Michael, and Smeaton. Alderman Mann presided as Chairman. Following consideration of the ~ems presented, the Committee of the Whole ar se without report~n~ ·, READ AND ADOPTED, F. RK ~- MAYOR Council Chambers March 1, 1976 Council met on Monday, March 1, 1976, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Aldermen liarrigan and Smeaton. His Worship, Mayor Bukator presided as Chairman. Alderman Schisler offered the Opening Prayer. His Worship, Mayor Bukator welcomed the 26th Niagara Scout Troop from St. John's Church and their Scout Master Mr. S. Math to the meeting. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the minutes of the meeting of February 23, 1976, be adopted as printed. NOTE: .Alderman Michael arrived at the meeting. UNFINISHED BUSINESS GAS SURVEY - HOUCK PARK Report No. 99 - City Manager - The report provides additional information regarding the study on the migration of gas at Houck Park, as well as copies of the terms of reference and the consultants' proposals. Since the consultants originally engaged have withdrawn their proposal, the report recommends that the firm of Hydrology Consultants Ltd. he engaged, and that the by-law to engage the original consultants be amended by substituting the name of Hydrology Consultants Ltd., and ~e amount of $11,796.00 subject to adjustment at the rate of inflation for fees applicable after January 1, 1977. The matter of engaging consultants to study the gas problem at Houck Park was discussed at length by Council, and the Directpr of Municipal Works and Maintenance & Operations Engineer provided additional information in response to questions raised. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Mann, that the report be received, and the recowmendations be adopted. The motion Carried with the following vote: AYE: Aldermen Crows, Fern, Mann, Orr, Stewart, Thomson and Chessman. NAYE: Aldermen Michael, Puttick and Schisler. EXEMPTIONS UNDER THE RETAIL BUSINESS HOLIDAYS ACT Report No, 100 - His Worship, Mayor Bukator - The report of the special com~itCee reconnends that the applications of Finbow Supersave, New Way Red & White Foodmeter, Niagara Farm Market and Niagara Bait Centre, be approved and the Region be requested ~o prepare an appropriate by-law exempting the se~m from the reqnirements of The Retail Business Holidays Act. The Committee fFirther recommends that the application of Jack Dow Auto Supplies and Drummond Home Hardware be denied, and the applicants be provided with the asons for the Committee s decision. . .... ;. [ The City Clerk advised that the applications of Jack Dow Auto Supplies and Drununond Home Hardware had been withdrawn prior to the meeting. ORDERED on the motion of Alderman Fera, seconded by Alderman 0rr, that the report as amended by the withdrawal of the two applications, be received and adopted. COMMUNICATIONS No. 40 - Bell Canada - Re: After-Hours Service. The commnnication advises of Bell Canadaes policy for service after hours. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the communication be received and filed, and a copy sent toM r. W. McBurney. No. 41 - Ontario Housing Corporation - Re: Rent Supplement program. The .... communication advises of Ontario Housing COrporation!s Rent,Supplement Program in Niagara Falls. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann, that the connnunication be received and filed, and further that a letter of thanks be sent to Ontario Rousing Corporation for their explanation of the Rent Supplement program. No. 4Z - Ministry of the Solicitor General, Office of the Fire Marshal - Re: 1975 Fire prevention Contest. The commonication advises that the Niagara Falls Fire Department placed eleventh for Ontario in the Fire prevention Contest of last October, · ' ORDERED on the motion of Alderman Chessman, seconded by Alderman Sohisler, that the connnunication be received and filed, and further that congratulations be extended to the Fire Chief and his staff for achieving such recognition for the Niagara Falls Fire Department on a provincial and National basis. No. 43 - planning Act Review Committee o Re: Meetings with Elected Representatj The communication advises.of the meeting to be held on April 1, 1976 in Hamilton, with elected representatives from municipal councils regarding the review of the planning Act. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, ~:- that as many members of Council as possible attend the meeting. No. 44 - University of Western Ontario - Re: Special Seminar for Munioipal politicians. The communi~ation invites one member of Council to attend a seminar for sn invited group of municipal politicians in southwestern Ontario. .It was moved by Alderman Puttick, seconded by Alderman Fete, that the communication be received and filed, and that no member of Council at.te.nd the seminar. The motion was Defeated with the following vote: AYE: Aldermen Fete, Mann, Michael, puttick and Schisler. NAYE: Aldermen.Crows, Orr, Stewart, Thomson, Chessman-and May~r Bukator. It was then moved by Alderman Grows, seconded by Alderman Thomson, that one member of Council be authorized to attend the seminar, and that a report be submitted by that member on the proceedings of the seminar. The motion ~arrie~ unanimously. Alderman Crows suggested that Alderman Thomson attend the seminar. Alderman Thomson indicated that he would advise the City Clerk if he would be able to attend. No. 45 ~ St. Catharines Centennial (1976) Inc. - Re: St. Catharines Day at Sugar Bush. The communication invites Niagara Falls to send one or more two-man teams to a Log Sawing Contest at Sugar Bush on Sunday, March 7~ 1976. ORDERED on the motion of Alder~n Thomson, seconded by Alderumn Stewart, that members of Council forms 'team to attend the event. REPORTS No. 101 - planning & Development Committee - Re: AM-38/75~ D.A. Mersich, East Side of Stanley through to Buchanan Avenue and the North Side of Robinson Sires: The Committee reckends that the application be tabled until the Engineering Department has assessed the likelihood o~ the 0ntsrio~ Avenue extension being a~fected by this rezonin~ application... Mr. D. Mersich was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Crows. Mr. Marslob advised that he was acting ss solicitor for the applicsnts~ and was the son o~ two of the applicant&. The property consists of 2.9 aoree~ with thirteen separate parcels owned by ~wentY°five individuals. Mr. Mersieh distributed sketches of the land in question and advised that the portion shown in green is owned by his parents and is the land to be developed in the near future. Reference was made to the decision of the Ontario Municipal Beard in October of 1974, where an application for rezoning of the Mersich property was dismissed on the grounds that fragmentation of zoning in a transitory period was a phenomenon the Board would like to see municipalities avoid. The Mersich family then contacted the owners of adjacent propert so thst an application for rezoning could be made for a block of land. Although the planning & Development Committee saw no difficulties in the merits of the application, the concern was caused by e recent recommendation adopted that applications south of Peer Street extended to the railway be discouraged until the alignment of the Ontario Avenue extension was determined. Mr. Mersich quoted a number of sections of the Cityes Official plan, pointing out that the application was in conformante with the provisions therein. Reference was also made to the fact that no site .plan had been submitted with the application, and it was explained that under Section 35 of The planning Act, allowance is made for ~a later submiss ion of a site plan in accordance with the terms of the rezoning ~by-law. It was felt that the tabling of the application would leave the wishes of the property owners in limbo, on the basis of the possible extension of Ontario Avenue, the proposed alignment, the timing of construction and funding- The property value to the owners would be considerably less if they are not allowed to sell their land in order to develop it. The substantial benefit to the City in increased taxes was also mentioned. Mr. Mersich asked for Council's consideration of the application. The Director of Municipal Works explained that the alignment of the Ontario Avenue e~tension would form ~art of the Railway Relocation Study. The consultant could be asked to concentrate on that part of the study first and come in.with a reconunendation hopefully w~thin a year~s time, but possibly longer. Mr. S. Szolga was granted permission to address Council on the motion if Alderman Mann, seconded by Alderman Fera. Mr, Szolga raised a number of questions regarding the processing of this application, notification to' area. residents and the provisions of the Official plan. The planning Director provided clarification on the questions raised by Mr. Szolga. Members of Council discussed the various aspects of the application, including the proposed alignment of the Ontario ·Avenue extension, the timing of the study that will determine the proposed alignment, and the fact that no site plan had been submitted with the application. After considerable discussion, it was moved by Aldernmn Crows, seconded by Alderman Cheesman, that the application be approved subject to development control. The motion was Defeated with the following vote: AYE:~en Crows Stewart Thomson and theeamen. '~NAYE_: Aldermen Fete, Mann, Michael, 0rr, puttick and Schtsler. ' It was then moved by Alderman Mann, seconded by Alderman Orr, that the recommendation of the planning & Development Committee be adopted. The motion Carrie______ddwith the following vote: AYE: Aldermen Fete, Mann, Michael, Orr, Schisler and Gheeaumn. NA"~: Aldermen Crowe, puttick, Thomson and Stewart. .No. 102 - City Manager - Re: pietrangelo-Palumb~Request for Consent. The report re~on~nende that the Council of the City of Niagara Falls, in view of the circuu~tances of the ownership of these lands, in that they are owned by seven individuals, and in'view of the short time period following the change in legislation when these lands were bought and in view of the fact that one house has been erected, that therefore the planning Department of the City of Niagara Falls he authorized and directed to support the consent to sever off three parcels, notwithstanding ~he policies as adopted by the City of Niagara Falls. During the discussion on this item, reference was made to the circumstances surrounding the family~s request for the severance of three parcels of land in order to create four lots. In view of the fact that an earlier application was denied by the Land Division Conunities on the grounds that the application was considered to be contrary to the policies of the City, several-members expressed their concern that support of this application could set a precedent. Following further discussion, it was moved by Alderman Mann, seconded by Alderman Schialer~ that Council adhere to the existing policies~. and that ~he report be received and filed. The motion was Defeated with the £otlowing vote: AYE: Aldermen Crows, Mann and Schisler. ~'YE: Aldetm~n Fera~ Michael~ Orr, ~uttick~ Stewart, Thomson and theeamen. It was then mo~ed by Alderman Thou~on, seconded by Alderm~n Orr, that · The motion ~ with the following re oft be received and adopted Thomson, Chessman and vote: en Fera Michael, Orr, puttick, Stewart, A_~_~: or Bukstor. Mann and- Schisler~ . ' s~s that as a result. · ' e · lem n " "' ,ha er- Sol[ooncern[ authority under .~o. 103 - ~ity and t~ i~' the City obtai additional tYPes of meetings wit ~ould be helPfu in the C~tY, by-law which would prohibit solfc~tfng f°~rovisions of ~e Act to peas a included under the presen~ not provided for Municipal Act. A tion if a~cept application to sla ' necessary presently by legf ' ~chael, that pase{~ of 8 by-l~w to authorize the Asse~lY' of Alder~n ~ut~ick, seconded by Alder~n - aw O~E~D o- the motion ~ ~he report be received and adopted. , : N~a~ars Falls Memorial Aren~ and to te~inate j~nior ''A' Ro~ Y E. o~ended that the r~ G~fttee of Gounc_ file~, an~s~~ '~n a~ endeavor , ,' ea , - ra ~811s , aliu~s with ~ - and staff · franchise for Nia~a advised o~ the City s ~e and the reasons for the presen~ own ~ers of Gounci~ expressed their oPipf°~s o~ response ~o ~is WorshiP, ~yor 5ukstor provided further ~nfor~tioP in . seconded Quest~o~ ~a~sed. Foll~n$ ~urther d~scuss~on, ~t ~as m~ed by Alder~n C~owe, Alde~3n by Alder~n ~h~°n' that the report be received and ~led, a~d that yutt~ck's a~°~u~nt to the special c~ttee be con~=med' The motion ~unan~mouslY' nted Pe~{ssi°n to addr~s ~. E. ~i~r~e of of Alde~an ~h~°~t to ~bers of G~he re~o~t PS ~ "to second bein ~, ~eTce o[{ered ~he report, pf ~he eBswe= questions on of ~o~p~il ~etain Alder~n Cr~e, seconded by Alder~u Fera, that members report prior to ,., . Flan APPr~al' Spa ~o. 105~ ap d e o er ~he ~ep Space ~otel on ~n ~ons sac . - ex~s~%Son the ~otio~ o{ A ~ved and a~opted. Report. ~e repot~ N · tail t Alde~n Schister, 6itS. n ~hs motion o{ A a~ file~, and th s re~sration o ~P e o~t be receive etiort ~equiwed t . re~o~t. . Re: ~SX ~ovemnt Storm Sewer ~o. 107 construction dili~ul~les enoountered du~n$ the inst on the motion of Alderman Mann, ORDERED Bridge report be received and filed, parking on Bridge Street. The report recoupBends to to prohibit parking oe the so, side o properties. Thomson, that to dth~t the Reg the west limits of the Transit Cou~ission Street from Erie Avenue I~ann, seconded by Alderman ORDERED on the motion of Alderman the report be received and adopted. The report recommends payment Accounts · of the municiP The GitY l~snager provided an explanation of 8heques onseto questions raised by Alderman ~uttick. Orr, that the on the m°tt°a d°f Alders r,e, seconded by Alde --n report be received adopted. BY Mann, seconded by Alderman Michael, that ORDERED on the motion of Aldenman by-laws, and the by-laws be read leave be granted to introduce the following a first time: . ~50, 1959 and ~530, 1960 of the o , to emend BY'laws 1q°sno~ in the City o~ Niagara ~lla, as .... "' amended · application to the Legislative .~2 - A BY'law to authorize an of the province of Ontario for a Frivate Act. Carried Unanimousl .~ , A BY'law ~o provide monies for general purposes- Crowe~ seconded by Alderman Stewart, that e assscoria mend BY'law Nos. ~ A BY'laN to provide m ,. -.. ' "' ' ' ~W B~I~SS ~ meters of Council with a verbal report on dedn Control. The Alderman further Aldermen Thomso Peeminar held on Mosquito aspects of mosquito control the proceedings o£ the repor~ on any advised that he would continue to hd was involved with, ~ole, an~ ~ssed their opini Council e P ~e~tnZe · YO~ o P ~o~ ~ ~ or 0'~nBhl~ e sent to Y furthe~ info~ ' reques~ ge$io~ ' - 6 - Alderman Crows, seconded by Aldernmn Stewart, that the It was moved bYGonm~ittee ofa meeting adjourn to . ~J ~ ~. ~D AND ~OPTED, ~ ~. ~~~. C~ittee Room ~1 ~rch 1, 1976 Council met ~n C~ttee of the ~ole on MondaY, ~rch 1, 1976, a regular meeting of Council. All Meters o~ Council ~ere present ~t~ the e~cept~on of Aldermen ~rr~gs~' M~c~el~ ~r and Smeaton. Alde~ presided as Ch~i~n' Following co~de~atiou o~ the ~te~ p~ese~ted, the C~ttee o~ the ~ole arose without ~eP°~u~~'~ ~ , ~ A~ ADOPTED ~ ~ .~ ~ ~~~ , ' ' ~YOR Council Chambers March 1,-1976 Council reconvened in open session following a meeting of the C~ittee of the Whole, All Members of Council were present with the exception of Alderman Hsrrigan, Michael, Orr and Sineaton- His Worship, M~yor Bukator presided as Chairman. The m~etinS adJourned~ . READ AND ADOPTED, ' ELEVENTH MEETING Committee Room March 8, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, March 8, 1976. All Members of Council were present with the exception of Alderm~n 0rr. His Worshie, Mayor Bukator presided as Chairmen. Following consideration of the items presented, the Commfttee of the Whole arose ~ithout reporti. ng* ~... READ AND ADOPTED, ' t . ~ ~ ~ MAYOR I Council Chambers March 8, 1976 Council met on Monday, March 8, 1976, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. His WorshiP, Mayor Bukator presided as Chairman. Aldermen Sineaton Offered the Opening prayer, ADOPTION OF MINUTES ORDERED on the motion of Alderman Fern, seconded by Alderman Mann, that the minutes of the meeting of March 1, 1976, be adopted as printed. NOTE: Alderman Orr arrived at the meeting. [RES~TiON CF RETIREME~ V~TCHES H. Farm His WorshiP, M~yor Bukator presented retirement watches to Mr. of the Water Distribution Section, and Mr. C. Worville of the Farks & Cemeteries Department · UNFINISHED BUSINESS SERINER'~ CREEK pROJECt_ ds 1) That the City of Niagara No. 1 ~t of the N g for the entire project Falls adopt t e 2) That a total budget figure of 1.2 million dollars ba considered as the total cost for budget purposes at this time; and 3) That proctor &Redfern Limited be engaged as the Consulting Engineers for the detailed design work for the necessary control dams which would include design details on sad{mentati°n traps and.-9ther recouunendstlons msde in the Consultant's report. AND" nd Developments Ltd., Wedgewood Builders of ~ 46 N P H B La In the conununieation, the developers Con~n. No. ° .... l.td. and Group 2 Development Ltd._ - project must be borne by recognize that the remeindar of the costs of the development, and request that further m~ettngs be held with the special cowmittee in order to obtain up.to-date costs and various forms of developer stion on the project. puttick, seconded by Alderman Gro~e, ParticiPon the motion o{ Aldexqn~n co~unieation be received 0B/)EBED thst the report be received and adopted~ that the and sccepted~ and that further meetings be held to discuss developer participst~on in the finsncinS of the project. CO~NIGATIONS No~ 47 - Niagara Mist Cosmetics Ltd. - The firm is requesting the City to approve the riSht of Niagara M{st Cosmetics Ltd. to promote Niagsra Mist as the ,O~{icial Fragrance" of the Honeymoon Capital o~ the World, NtaSare Falls. F~. R. ~rentice, Fresident of the f~rm, was granted permission to address Council on the motion of Alderman Mann, seconded by Aldermsn Orr. Mr, ~r~ntice provided additions1 in[ormation on the proposal,.~ nnd answered various questions Tsised b~ members o~ Council. . .... 2 - 2 - ~ It was moved by Alderman Puttick, seconded by Alderman Michael, that the communication be tabled, and referred to the Niagara Promotion Association and Niagara Resort & Tourist Association for comment. The motion was Defeatet with the following vote: 'i] AYE: Aldermen Michael, Puttick, Schisler and Smeaton. '~ NAYE: Aldermen Fern, Harrigan, Mann, Orr, Stewart, Thomson and Cheesmsn. It was then moved by Alderman Thomson, seconded by Alderman Fern, that the request of Niagara Mist Cosmetics Ltd. be approved, and that Niagara Mist~] be adopted as the Official Fragrance of the City of Niagara Falls. The motion Carried with the following vote: AYE: Aldermen Fern, Harrigan, Mann, Orr, Stewart, Thomson and Cheesmsn. NAYE: Aldermen Michael, Puttick, Schisler and Smeaton. Alderman Crows declared a conflict of interest and abstained from voting on this matter. ' No. 48 - Environmental Nearing Board - Re: Regional Municipality of Niagara - City of Niagara Falls - Waste Disposal Site - Notice of Public Meeting. The communication advises that March 23, 1976 at 10:00 a.m. in Council Chambers, Niagara Falls, has been set as the date of the public hearing regarding the Ragfonts proposal to locate a waste disposal site in Niagara Palls. ORDERED on the motion of Alderman Thomson, seconded by Alderman Michael, that the communication be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the City of Niagara Falls re-affirm its stand in opposition to the Region's proposal, that the City Solicitor be authorized to represent the City, and the Director of Municipal Works and Planning Director be present at the hearing to give evidence on behalf of the City. The motion Carried with Alderman Puttick voting contrary, and all others voting in fayour. · No. 49 - Niagara Falls Review - Re: Progress Edition "Community Close-Up". The cormnunication requests the participation of the City in the promotion of Niagara Falls in the annual Progress Edition "C6~.nunity Close-Up". It was moved by Alderman Puttick, seconded by Alderman Fern, that the coEmunioation be received and filed. The motion Carried with the following vote: AYE: Aldermen Fern, Earrigan, Mann, Michael, Orr~ Puttick, Schisler and Smeaton. · NAYE: Aldermen Crows, Stewart, Thomson and Cheesmsn. REPORTS No. 111 - City Manager - Re: AM-33/75, W. Molodynia, Main Street. The report reconunends the preparation of an appropriate Offiqial Plan amendment, notice to property owners and preparation of the required zoning, all to be considered at the Council meeting of March 22, 1976. ORDERED on the motion of Alderman Crows, seconded by Alderman Stewart, that the report be received and adopted. · ?- , : - , - certify by resolution that the application conforms to Official Plan Amendmen[ No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister ef Housing, and further that the application be approved subject to.Development Control, 50 foot minimum setback a,]ong the northerly boundary end minimum standards of~he Draft Zoning By-law. Mr. D. McDermid, solicitor for the applicants, was granted permission to address Council, on the motion of Alderman Crows, seconded by Alderman Thomson~ Mr. MaDermid advised that the developers had mat with the area residents in an attempt to answer questions and explain the proposal more fully. The proposal was outlined in a plan posted in Council Chambers, and Mr. McDermid provided a more detailed explanation of the proposal to members of Council. The propos conforms to the Official Plan designation for the area, and the density had been reduced from the maximum of twenty allowed to fourteen units per acre. I~ answer to the objections raised by .the area residents, it was felt that many were without foundation, and many others could be overcome with the' site plan. It. was also pointed out that the residents had purchased their properties after the adoption of the Official Plan by the City, and that the designation - 3 - the planning Department staff, and the subsequent approval of the application by the planning & Development Con~nittee. Mr. F. Higgins, a resident in the area advised that the property owners were still opposed to the rezoning on the basis that the proposal is not compatible with the area. The residents had assumed that they had purchased their homes in a single-family residential area. Mr. Higgins felt that there would.be additional units constructed in the area, and eventually the residents would be "squashed in" with this type of development. Following further discussion by members of Council, it was moved by Alderman Crows, seconded by Alderman Thomson, that the recommendations of the Planning & Development Committee be adopted. The motion Carried with the following vote: AYE: Alderm~n Crows, Marrig~n, Puttick, Schisler, .Smeaton, Stewart, Thomson and Chessman. · NAYE: Aldermen Fera, Mann, Michael and Orr. See Resolution No. 13 No. 112 - Planning & Development Committee - Re: AM-36/75, Niagara River Construction, Portage Road at the H.E.P.C. Canal. The Committee reconmends that Council certify by resolution that the application conforms to Official plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing, and that the application be approved subject to Development Control, s tenderda of the Draft Zoning By-law and revisions to the access. The Planning Director and the Director of Municipal Works provided clarification on a number of points raised by members of Council. ORDERED on the motion of Alderman Earrigan, seconded by Alderman Smeaton, that the reconnnendations of the Planning & Development Committee be adopted. See Resolution No. 14 See By-law No. 76- 44 No. 77 - Planning & Development Committee - Re: AM-3/76, D. Costs, Allen Avenue· The Committee recommends that the application be denied. Mr. D. Costs was'granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Thomson. Mr. Costs simply requested Council to consider his application. Members of Council discussed the reasons outlined in the Conunittee's report recommending denial, and the Planning Director provided an explanation of the standards and policies used in reaching the reconnnendation. Several members expressed their opinions on the application, and the Committee's reco~mendation in relation to the circumstances involved with Mr. Costa's proposal. Following further discussion, it was moved by Alderman Crows, seconded by Alderman Thomson, that the recommendation of the Planning & Development Conmaittee'be denied, and the application approved. The motion Carried with the following vote: AYE: Aldermen Crows, Fern, Michael, Orr, PuSlick, Smeaton, Stewart, Thomson and Chessman. NAYE: Aldermen Harrigan, Mann and Schisler. See Resolution No. 15 No. 113 - Planning & Development Committee - Re: AM-6/76, Wedgewood Builders of Niagara Ltd.~ Portage Road. The Committee recommends that the application be denied. Mr. J. Stephenson, a resident of St. John Street, was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Mann. Mr. Stephenson advised that he was speaking on behalf of the residents of the St. John Street area, end provided a brief history of development in the area. The major objections to the application were loss of privacy, reduction in the value of the residential homes and the increased traffic congestion. Mr. Stephenson pointed out that the Planning & Development Committee had turned down the application, and hoped that Council would do the same. Mr. B. Sinclair, solicitor for the applicant, advised that the existing zoning on the property would permit such uses as auto sales and service, of multi-family residential had been effect at the time of purchase. retail stores, a tavern or hotel. The applicant felt that such uses would Mr. McDermid requested Council to weigh the merits of the application on fact,L~°t fit intp the continuity of the area, and was therefore requesting a good planning principles, the Official Plan designation, the c~muents of rezoning to permit the construction of an apartmant buildinS. Mr. Sinclair '~ ,.,.,3 ...,.4 ~ :~ described the proposal and indicated that there would be a buffer zone created between the proposal and existing homes. The distance from the apartment i ~: building to the rear lot line of the abutting street would be one-hundred and ~ fifty feet. In response to the traffic problem, Mr. Sinclair advised that i according to the Region, the commercial uses permitted under the existing zoning would increase traffic six times greater than a residential use would. Accident ratings of intersections show that the intersection in question was rated twenty-second in the City. Mr. Sinclair and the applicant, Mr. Walters~ provided additional information in response to questions raised by members of Council. Following further discussion by Council, it was moved by Alderman Harrigan, seconded by Alderman Puttick, that the recommendation of the Planning & Develop- meat Committee be spproved, and the application denied. The motion Carried with the following vote: AYE: Aldermen Fats, Hsrrigan, Mann, Orr, Puttick, Schisler and Smeaton. NAYS: Aldermen Michsel, Stewart, Thomson and Chessman. NOTE: Alderman Crows declared a conflict of interest and abstained from voting on this matter. No. 114 - Planning & Development Committee - Re: Official Plan Amendment No. 79 AM~7173, A. & P. Calaguiro, Dorchester and Mountain Roads. The report recom-~uds that Council adopt Official Plan Amendment No. 79 by by-law. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the recommendation of the Planning & Development Committee be adopted. See By-law No. 76-45 No. 115 - City Manager - Re: 1975 Annual Report of the Fire Department. The report provides s review of the activities of the Fire Department for the year 1975. The Fire Chief provided additional information ~n response to a number of questions raised by members of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and filed. No. 116 - City MansEer - Re: Fire Prevention Seminar. The report reco~mnends that Mr. J. Simon, Chief of the Fire Prevention Bureau, he permitted to attend the annual seminar of the Ontario Municipal Fire Prevention Officers' Association in Oshawa on April 7, 8 and 9, 1976. ORDERED on the motion of Alderman Crows, seconded by Alderman Mann, that the report be received and adopted. No. 117 - City Manager - Re: Linear Parks and Bikeway System - Ohtario Hydro Licence Agreement. The report reconnends that the City enter into a five-year lease agreement for the same Ontario Rydro right-of-way property uaediin 1975. The Director of Recreation commented on the success of the bikeway program and the cost of maintenance during the previous year. ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that the report be received and adopted. No. 118 - City Manager - Re: Safety of City Recreational Facilities. The report offers the following recommendations for the consideration of Council: 1) Extend the height of the screen behind the west goal at the Niagara South Recreation Centre; 2) Budget funds to install glass on the boards in front of the spectators, area at the Niagara South Recreation Centre. ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe, that 'the report be referred to the 1975 budget discussions. No. 119 - City Me'anger - Quotations - Spin-on Type Polypropylene Main Brooms and Gutter Brooms. The report recommends that the quotation submitted by Canadian Wire Brush for twenty-two main brooms (Wayne Sweepers), and thirty gutter brooms (Wayne Sweepers) be accepted; and the quotation of Petwin Industries for six gutter brooms (Elgin Sweepers) be accepted. No. 120 - City Manager - Re: Quotations - Spin-on Type Polypropylene Main Brooms[ and Gutter Brooms. The report recommends that the quotation submitted by - 5 - Canadian Wire Brush for twenty-two main brooms (Wayne Sweepers), and thirty gutter brooms (Wayne Sweepers) be accepted; and the quotation of Petwin Industries for six gutter brooms (Elgin Sweepers) be accepted. ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that the report be received and adopted. The motion Carried with Alderman Thomson voting contrary and all others in favour. See Resolution No. 16 .No. 121 - City Manager - Re: 1976 Tenders ~ Fertilizer, Grass Seed & Traffic paint. The report reconmends that the following bids be accepted: 1) Grass Seed - Otto Pick & Son. 2) Fertilizer - Brockville Chemical Industries 3) Traffic Paint - Niagara Paint & Chemical ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and adopted. The motion Carried with Alderman Thomson voting contrary and all others in favour. See Resolution No. 17 No. 122 - City Manager - Re: Demolition Tender. The report reconnmends that the demolition of the Park Street building be awarded to Richard R. Collee and the demolition of the S imcoe Street building be awarded to B.G. Demolition. ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that the report be received and adopted. See Resolution No. 18 NOTE: Alderman Orr retired from the meeting. No. 123 - City Manager - Re: Parking on Bond Street. The report recormmends that parking be prohibited from;the southerly side of Bond Street at all times. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the report be received and adopted. No. 124 - City Manager - Re: Parking at the Greater Niagara General Hospital. The report recommends . the following policy for the sanding of the hospital parking lots 1) The parking lot will be sandedby City Forces, only after all municipal priorities have been met. 2) It will be sanded on request of hospital officials to our Municipal Service Centre. 3) The cos ts for sanding will be ihvoiced to the hospital on a monthly basis. ORDERED on the motion of Aldermen Schisler, seconded by Alderman Fera, that the report be received and adopted. No. 125 - City Manager - Re: Transportation Safety Association Awards for 1975. The report recommends 1) That forty-nine qualified drivers be permitted te attend the annual banquet of the Transportation Safety Association on April 3, 1976; and 2) That His Worship, the Mayor or his des ignate and two members of supervisory staff also be authorized to attend. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the repor~ be received and adopted. No. 126 - City Manager - Re: Mount Forest II Subdivision. The report recommends that the City not request a hearing by the Environmental Appeal Board on this subdivision. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. No. 127 - His Worship, Mayor Bukator - Re: Resume of Activities of Regions1 Council. The report provides a summary of several of the more important matters approved by Regional Council recently. ORDERED on the motion of Alderman Crows, seconded by Alderman Michael, that the report be received and filed. No. 128 - City Manager - Re: Appointments to Recreation Board. The report advises of the names of vetsons submitting applications to serve on the a{,conflict of interest, and all others voting in tavour. It was then moved by Alderman Fern, seconded by Alderman Thomson, that Mr. Steve Newman be appointed to serve a one-year term. The motion qarried -4- described the proposal and indicated that there would be a buffer zone created between the proposal and existing homes. The distance from the apartment building to the rear lot line of the abutting street would be one-hundred and fifty feet. In response to the traffic problem, Mr. Sinclair advised that according to the Region, the commercial uses permitted under the existing zoning would increase traffic sLx times greater than a residential use would. Accident ratings of intersections show that the intersection in question was rated twenty-second in the City. Mr. Sinclair and the applicant, Mr. Walters, provided additional information in response to questions raised by members of Council. Following further discussion by Council, it was moved by Alderman Harrigan, seconded by Alderman Puttick, that the recommendation of the Planning & Develop- ment Committee be approved, and the application denied. The motion Carried with the following vote: AYE: Aldermen Fern, Harrigan, Mann, 0rr, Puttick, Schisler and Sineaton. NAYE: Alderman Michael, Stewart, Thomson and Cheesman. NOTE: Alderman Crowe declared a conflict of interest and abstained from voting on this matter. No. 114 - Planning &Development Committee - Re: Official Plan Amendment No. AM~7173, A. & P. Calaguiro, Dorchester and Mountain Roads. The report recom"~nds that Council adopt Official Plan Amendment No. 79 by by-law. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the recormnendation of the Planning &Development Committee be adopted. 79 See By-law No. 76-45 No. 115 - City Manager - Re: 1975 Annual Report of the Fire Department. The report provides a review of the activities of the Fire Department for the year 1975. The Fire Chief provided additional information in response to a number of questions raised by members of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and filed. No. 116 - City Manager - Re: Fire Prevention Seminar. The report recamaends that Mr. J. Simon, Chief of the Fire Prevention Bureau, be permitted to attend the annual seminar of the Ontario Municipal Fire Prevention Officers' Association in Oshawa on April 7, 8 and 9, 1976. ORDERED on the motion of Alderman Crowe, seconded by Alderman Mann, that the report be received and adopted. No. 117 - City Manager - Re: Linear Parks and Bikeway System - Ontario Rydro Licence Agreement. The report recomraends that the City enter into 8 five-year lease agreement for the same Ontario Hydro right-of-way property usedi in 1975. The Director of Recreation commented on the success of the bikeway program and the cost of maintermnce during the previous year. ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that the report be received and adopted. No. 118 - City Manager - Re: Safety of City Recreational Facilities. The report offers the following recon~nendations for the consideration of'Council: 1) Extend the height of the screen behind the west goal at the Niagara South Recreation Centre; 2) Budget funds to install glass on the boards in front of the spectators. area at the Niagsra South Recreation Centre. ORDERED on the motion of Alderman Mann, seconded by Alderman Crows, that 'the report be referred to the 1975 budget discussions. No. 119 - City Manager - Re: Ice Surface Rants1 Rates. The report recommends that the schedule of ice surface rental rates be approved for all four city ice surfaces and that they take effect on June 1, 1976. It is further recommended that the subsidy of specified 8roups be increased from$8 per hour to $13 per hour. ORDEREDon the motion of Alderman Mann, seconded by Alderman Smeaton, that the report be received and adopted. No. 120 - City Manager - Rez Quotations . Spin-on Type Polypropylene Main Broomsi 8nd Gutter Brooms. The report recommends that the quotstion submitted by -5- Canadian Wire Brush for twenty-two main broom (Wayne Sweepers), and thirty gutter brooms (Wayne Sweepers) be accepted; and the quotation of Petwin Industries for six gutter brooms (Elgin Sweepers) be accepted. ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that the report be received and adopted. The motion ~arried with Alderman Thomson voting contrary and all others in favour. See Resolution No. 16 No. 121 - City Manager - Re: 1976 Tenders 7 Fertilizer, Grass Seed & Traffic Paint. The report recommends that the following bids be accepted: 1) Grass Seed - Otto Pick & Son. 2) Fertilizer - Brockvilla Chemical Industries 3) Traffic Paint - Niagara Paint & Chemical ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and adopted. The motion Carried with Alderman Thomson voting contrary and all others in favour. See Resolution No. 17 No. 122 - City Manager - Re: Demolition Tender. The report reconnnends that the demolition of the Park Street building be awarded to Richard R. Collee and the demolition of the Simcoe Street building be awarded to B.G. Demolition. ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that the report be received and adopted. See Resolution No. NOTE: Alderman Orr retired from the meeting. 18 No. 123 - City Manager - Re: Parking on Bond Street. The report reconnnends that parking be prohibited from:the southerly side of Bond Street at all times. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the report be received and adopted. No. 124 - City Manager - Re: Parking at the Greater Niagara General Hospital. The report recozmnends the following policy for the sending of the hospital parking lot: 1) The parking lot will be sanded by City Forces, only after all municipal priorities have been met. 2) It will be sanded on request of hospital officials to our Municipal Service Centre. 3) The costs for sanding will be invoiced to the hospital on a monthly basis. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that the report be received and adopted. No. 125 - City Manager - Re: Transportation Safety Association Awards for 1975. The report recommends 1) That forty-nine qualified drivers be permitted ta attend the annual banquet of the Transportation Safety Association on April 3, 1976; and 2) That His worship, the Mayor or his designate and two members of supervisory staff also be authorized to attend. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomaon~ that the report be received and adopted. No. 126 - City Manager - Re: Mount Forest II Subdivision. The report reconunends that the City not request a hearing by the Environmental Appeal Board on this subdivision. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. No. 127 - His Worship, Mayor Bukator - Re: Resume of Activities of Regional Council. The report provides a sununsry of several of the more important matters approved by Ragions1 Council recently. ORDERED on the motion of Alderman Crowe, seconded by Alderman Michael, chat the report be received and filed. No. 128 - City Mansger- Re: Appointments to Recreation Board. The report advises of the names of persons submitting applications to serve on the Recreation Commission. Two appointees are required. The report also advises that Mrs. F. Williama hss requested a leave of absence from the Connission until the month of April. It was moved by Alderman Michael, seconded by A~derman ltarrigsn, that Mrs. Pam quinn be appointed to serve a two year term~ and .that the leave of absence be ,g~anted~. Thaamotion. Csrried with Alderman Stewart sbstai.ning on a,eonElict of interest, and all others voting in fayour. It was then moved by Alderman Fern, seconded by Alderman Thomson, that Mr. Steve Newman be appointed to serve a one-year terml The motion Carried -6- with Aldermen Marrigan attd Michael voting contrary, and all others voting in fayour. No. 129 - Planning & Development Committee - Re: Co=muting Patterns - Niagara Falls. The report outlines availability of data on commuting patterns within the City of Niagara Falls. The Planning Director provided additional information in response to questions raised by members of Council. ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that the report be received and filed. No. 130 - City Manager - Re: Building Permits. Breakdown of permits issued by the Building & Development Department for the month of February~ 1976. ORDERED on the motion of Alderman Michael, seconded by Alderman Fern, that the report be received and filed. No. 131 - City Manager - Re: Municipal Accounts. Recommending payment of municipal accounts. The City Manager provided additional information with regard to Cheques #2348 and ~2370, in response to questions raised by Alderman Puttick. The City Manager advised that he would provide additional information to Alderman Puttick on Cheque # 2370. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the report be received and adopted. No. i32 - His Worship, Mayor Bukator - Re: Assistance to Fort Erie, Crystal Beach and Port Colborne. The report advises of the assistance provided to the neighbouring communities of Fort Erie, Crystal Beach and Port Colborne as a result of a sever ice storm the previous week. In the report, His Worship, Mayor Bukator expressed his appreciation to those persons and businesses that offered assistance following the ice storm. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the report be received and filed. No. 133 - City Manager - Re: Storm Disaster, Fort Erie. The report advises of the actions taken by the Niagara Falls Fire Department as a result of the fce storm of March 2, 1976. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the report be received and filed. RESOLUTIONS No. 13 - CROWE-THOMSON - RESOLVED that the application of Power Glen Investments Limited and D.B. Hanniwell (In Trust) for the rezoning of Part Township Lot 172, situated on the north side of McLeod Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried with the following vote: AYE: Aldermen Crowe, Harrigan, Puttick, Schisler, Smeaton, Stewart, Thomson and Cheesman. ..NAYE: Aldermen Fern, Mann, Michael and Orr. No. 14 - HARRIGAN - SMEATON - RESOLVED that the application of Niagara River Construction Limited for the rezoning of Part Township Lot 95, situated on the east side of Portage Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 15 - CR(I4E-THOMSON - RESOLVED that the application of D. Costs for the rezoning of 6024 Allen Avenue, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried with the followin8 vote: · ~YE: Aldermen Crows, Fern, Michael, Orr, Puttick, 8meaton, Stewart, Thomson and Chessman. NA.__~: Aldermen Barrigan, Mann and Schisler. No. 16 - CROHE-STEWART - RESOLVED that the quotations submitted by Canadian Wire Brush for twenty-two main brooms (Wayne Sweepers), end thirty gutter brooms (Wayne Sweepers) be accepted at the quoted priceaoe.,.$3,918,20 and $1,464.00; - 7- and the quotation of Petwin Industries for six gutter brooms (Elgin Sweepers) be accepted at the quoted price of $229.20; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Thomson voting contrary and all others voting in favour. No. 17 - SCHISLER-STEWART - RESOLVED that the quotatton.lof Otto Pick & Son for the supply of grass seed mixture, perennial rye grass seed and creeping red feBcue at the quoted prices of $900.00, $75.00 and $128.00 respectively be accepted; the quotation of Brockvilla Chemical Industries for the supply of fertilizer at the quoted price of $2,443.10 be accepted; and the quotation of Niagara Paint & Chemical for the supply of white traffic paint and yellow traffic paint at the quoted prices of $2,255.00 and $838.00 respectively be accepted; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Thomson voting contrary and all others voting in favour. No. 18 - THOMSON-CHEESMAN - RESOLVED that the tender submitted by Richard R. Collee for the demolition of 4226 and 4232 Park Street, at the quoted price of $6,850.00 be accepted; and the tender submitted by B.G. Demolition for the demolition of 4408 and 4414 Simcoe Street, at the quoted price of $3~$50.00 be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ BY- LAWS ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws, and the by-laws be read a first timer No. 76-44 - A,By-law to amend By-law 2530,.1960 of the former Township.of Stamford, now in the City of Niagara Falls, as amended. (AM-36/75, Niagara River Construction) No. 76-45 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Fails Planning Area. (No. 79, A. & P. Calaguiro) No. 76-46 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (No Parking - Culp and Magdalen) No. 76.-4.7 - A By-law to authorize the execution of an agreement with William L. Sears and Associates Limited for a road needs study. No. 76-48 - A By-law to authorize the execution of an agreement with Hydrology Consultants Limited for a survey of.~he generation and migration of gas. No. 76-49 - A By-law to provide monies for general purposes. Carried with Aldermen Crows, Michael and Puttick voting contrary to Byelaw No. 76-47; and with Aldermen Crowe, Michael, Puttick and Schisler voting contrary to By-law No. 76-48. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the following by-laws be now read a second and third time: No. 76-44 .- A By-law to amend By-law 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended,. (AM-36/75, Niagara River Construction) No. 76-45 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 79, A. & P. Calaguiro) No. 76-46 - A By-law to amend By-law No. 3790, being a by-law for the regulation of. traffic. (No Parking - Culp and Magdalen) No. 76-47 - A By-law to authorize the execution of an a8reement with William L. Sears and Associates for a road needs study. . ,. No. 76-48 - A By-law to authorize the execution of an agreement with Hydrology Consultants Limited for a survey of the~generation and migration of gas. No. 76-49 - A By-law to provide monies for general purposes. Carried with Aldermen Crowe, Michael and Puttick voting contrary to By-law No. 76-47; and with Aldermen Crows, Michael, Puttick and Schisler voting contrary to By-law No. 76-48. NEW BUSINESS ONTARIO BUILDING CODE Alderman Crows advised that the Ontario Building Code would be coming into force on April 1st, and suggested that the Building & Development Department give a brief assessment of the Code. The City Manager advised that the matter was presently being studied by staff. NIAGARA FALLS ARENA Alderman Puttick inquired about the recent remodelling of the Niagara Falls Arena, in particular, who authorized the work end where the necessary monies would come from. The City Manager advised that he had authorized the work for the powder-puff tournament, and that fund8 had been used from the maintenance and operations budget of the arena. It was moved by Alderman Crowe, seconded by Aldermen Stewart, that the meeting adjourn. READ AND ADOPTED, MAYOR .t TWELFTH MEETING Council Chambers March 15, 1976 REGULAR MEETING Council met on Monday, March 15, 1976, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. Aldermen Stewart offered the Opening Prayer. ADOPTION OF MINUTES The minutes of the meeting of March 8, 1976, were corrected to indicate that Alderman Michael was not in attendance during the Committee of the Whole nmeting prior to the regular meeting. ORDERED on the motion of Aldermen Mann seconded by Alderman Stewart, that the minutes of the meeting of March 8, '1976, as corrected, be adopted. CO~4UNICATIONS No. 50 - Association of Municipalities of Ontario - The communication requests that the City cons ider the letter as an invoice to cover the City's share of expenses incurred by the Association in opposing the proposed rate increases of Ontario Hydro. An amount of 1¢ per capita is required from each member municipality in order to retire the obligation. It was moved by Alderman Thomson, seconded by Aldermen Stewart, that an amount of approximately $670 be placed in the 1976 current budget representing the City~ share of expenses incurred by the Association of Municipalities of Ontario in expressing opposition to the proposed rate increases of Ontario Mydro. The motion Carried with the following vote: AYE: Aldermen Crows, Fete, Orr, Smeaton, Stewart, Thomson and Cheesnmn. NAYE:Aldermen Michael, Puttick, and Schisler. NOTE: Alderman Mann declared a conflict of interest and abstained from voting on this matter. NOTE: Alderman Harrigan arrived at the meeting. No. 51 - Regional Municipality of Niagara - Re: Going Metric - A Management Survey and Evaluation Program. The communication requests a representative of the City of Niagara Falls appointed to the Task Force established to study the implications of the changeover to the metric system. ORDERED on the motion of Aldermen Thomson, seconded by Aldermen Fare, that one member of staff be authorized to participate in the Regton's Task Force established to study the implications of the changeover to the metric system. PROPOSED AMENDMENTS TO THE NIAGARA ESCARPMENT CCMMISSION DEVELOPMENT CONTROL AREA The City Clerk referred to a recent decision of Council (January 19, 1976) to oppose the proposed amendments to the Niagara Escarpment Connnission Develop- ment Control Areas in view of the fact that the Municipality was presently processing a plan of subdivision in the subject area. Regional Councillor Keighan further advised that the matter would be discussed by the Regional Cduncil.~on March 18th, and hopefully, if Council would re-affirm its stand in opposition to the changes, the Regional Council would amend the report by leaving the control boundaries in Niagara Falls as they presently exist. He suggested that a resolution to that effect from Council would be in order. No, 19 - THOMSON - FERA - RESOLVED THAT WHEREAS, at a special meeting of the City Council held on January 19, 1976, representatives of the Regional Municipality of Niagara and the Niagara Escarpment Commission outlined proposed changes to the boundaries of the area to be designated for development control under the Niagara Escarpment Commission; AND WHEREAS follo~ing full consideration of the matter, the City Council unanimously opposed the expansion of the development control area as outlined in Regional Report No. DPD 683, as amended; -AND WI~REAS the objections of the City Council were conveyed to the Regional Municipality of Niagara in a communication dated January 23, 1976; AND k~EREAS the Regional Planning & Development C~ittee hass in a report dated March 12, 1976s again recommended the easterly extension of the development control boundaries, notwithstanding the request of the City Counail and the faot that a plan of subdivision is now beir~ processed for -2° that area affected by the proposed extension; NO~ T}~PaFOKE BE IT RESOLVED THAT the Council of the City of Niagara Falls convey to the Regional Council its objections to the proposed easterly extension of the development control boundaries as proposed by the Planning & Development Committee, and request that the development control boundary east of the Queen Elizabeth Highway remain as it is at present. FURTHER BE IT RESOLVED that this Municipality not object to the proposed deletion from the present control boundaries of that area lying south of Mount, in Road and west of the Queen Elizabeth Way; AND the Seal of the Corporati0: be hereto affixed. Carried Unanimously REPORTS No. 134 - Planning & Development Co~nittee - Re: AM-37/75, J. Clanflout, Buchanan Avenue. The Committee recommends that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Ares ss amended and approved by the Minister of Housing, and further that the application be approved subject to Development Control. ORDERED on the motion of Alderman Fern, seconded by Aldermen Smeaton, that the recom~endations of the Planning & Development Con=elites be adopted. See Resolution No. 2i See By-law No. 76-50 No. 135 - City Manager - Re: Meeting re Marineland Expansion. The report advises of the ~eeting to be held between residents, the developer of Marineland and ~embers of Council regarding the proposed expansion. The meeting will be held on March 18, 1976, at 7:30 p.m. at City Hall. ORDERED on the motion of Alderman Crows, seconded by Aldermen Orr, that the report be received and filed, and notification made to all interested parties. No. 136 - City Manager - Re: Zoning Amendment for Clevette Property on Buckley Avenue. The report reco~nends that the by-law to provide for the rezoning of this property be given the necessary readings. ORDERED on the motion of Aldermen Crows, seconded by Aldermen Stewart, that the report be received and adopted. See Resolution No. 21 See By-law No. 76-53 No. 137 - City Manager - Re: Rental of Equipment for Landfill Site. The report recommends that the tender submitted by Alcopa Construction for the rental of a front end,!loader, and the ~ender submitted by Duffin Construction for the rental of a bulldozer, be accepted. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Smeaton, that the report be received and adopted. See Resolution No. 22 No. 138 - City Manager - Re: Vital Encephalitis Control Program. The report recommends: 1) That $10,000 be included in the 1976 Budget for an initial program to control mosquito breeding areas on City owned properties; 2) That one supervisor from the Streets Dept. and one from the Parks Dept. be authorized to attend the exterminator course by the Ministry of Environment; and 3) That Council appoint one alderman and authorize the Director of Municipal Works and the Maintenance & Operations Engineer as members of the Regional committee on measures to be taken against the spread of viral encephalitis. ORDERED on the motion of Alderman Harrigan, seconded by Alderman err, that the report be received sad adopted. Alderman !tarrigan volunteered to serve on the Regional Cou,~lttee as the Council appointee. No. 139 - City Manager - Re: Rainbow Village Condominium Project, South Skde of Dunn Street. The report recommends that the revised plan of Cotsad Developments Ltd. be approved in principle, subject to compliance with the conditions outlined in the report, that the questionnaire form be completed and returned to the Ministry of Rousing. ORDERED on the motion of Alderman Schisler, seconded by Aldermen Smeaton, that the report be received and adopted. No. 140 - City Manager - Re: ResOlutions from Other Municipalities. 1). City of St. Cstlmrines - Requesting the Government of Canada to withhold ~,the deei2nation of bilingual districts untiL:certain requirements are determined. Recommendation - That the resolution be endorsed. 2) ~: ~I H~wkelbs~l ' Requesting that the Association of Municipalities of [ r assume expenses incurred by members of the Board of Directors while actinS on Association business. - th, r,.olutien b, r, ferred dir,e lya,,o ietion . - 3- for consideration of the membership at the forthcoming annual conference. 3) City of Hamilton - Requesting the Federal and Provincial Governments to exempt from income for the purposes of Federal Supplementary Assistance and Provincial Supplementary Assistance amounts received under contributory pension plans. Recon~nendatton - That the resolution be received and filed. 4) City of Hamilton - Requesting a change in legislation in order to permit microfilm images to be used as evidence in Courts of Law, and that municipalities be authorized to dispose of original documents after they have been properly microfilmed. Recommendation - That the resolution be endorsed. 5) City of Brantford - Requesting the Province of Ontario to reconsider recently announced policies regarding the availability of alternate forms of revenue to municipalities. Recommendation - That the resolution be received and filed with the sug- gestion that the City of Brantford be somewhat more specific in their request. 6) City of Guelph - Requesting the Ministry of Consumer & Commercial Relations to seriously consider increasing the size of at least one elevator in a building to accommodate a standard sized stretcher. Recommendation - That the resolution be endorsed. 7) Borough of Scarborough - Requesting the Federal Government to impose a greater burden of responsibility on railway companies for weed eradication and control on railway property. Recommendation - That the resolution be endorsed. 8) To~n of Chesley - Requesting the Ontario Legislature to supply its policy and programme relating to proposed hospital closures, and to extend the operation of the Chesley and District Memorial Hospital. Recommendation - That the resolution be received and filed. It was moved by Alderman Puttick, seconded by Alderman Chessman, that Council endorse Part 1 of the resolution from the Town of Chesley, and that Part 2 of the resolution be received and filed. The motion Carried unanimously. It was moved by Alderman Smeaton, seconded by Alderman Thomson, the report, as amended, be received and adopted. The motion Carried unanimously. that No. 141 - Alderman J. Michael - Re: Mobile Home Parks. The report is submitted as an interim report to Council 'regarding the question of mobile home accommoda- tion as an acceptable form of housing, and the difficulties being encountered with this type of hous ing. It is suggested that the City continue to work with~:the owners of existing mobile home parks with the understanding that the Municipality intends to fully enforce the provisions of the new licensing by-law, in order to make mobile home 'living more meaningful for the persons who reside therein. Alderman Crows advised that the Landlord & Tenant Act now has provision for mobile home'parks, and the tenants therein are entitled to.all of the rights and protection covered in the statute. _~!derman Michael provided additional i~formation on the subject in response to a n,,mher of questions ra is e d. ORDERED on the motion of Alderman Crows, seconded by Alderman Puttick, that the report be received and filed. Regional Councillor Mitchelson advised that the Ontario Associstion of Rural Municipalities considered a very comprehensive report relating to the .change in legislation referred to by Alderman Crows, He suggested that a copy of this report could be of assistance in the further study of this matter. No. 142 - City Manager - Re: "Border Cities" Conference. The report recoa~kends that the Mayor and City Manager be authorized to attend the International Federation for Housing and Planning conference in Windsor and Detroit from April 4 - 6, 1976. His Worship, Mayor Bukator expressed a great deal of interest in attending the conference, and advised that he would use funds from his contingency fund to cover his expenses at the conference. ORDERED on the motion of Alderamn Michael, seconded by Alderman err, that the report be received and adopted. No. 143 - City Manager - Re: City of Niagara Falls Float for 1976. makes the following reconnnendations: 1) That the 1976 schedule for the City Float be approved. .4 The report - 4 - 2) That an allocation in the amount of $5,700 be provided in the 1976 OperatinB Budget for the City float. ORDERED on the motion of Alderman Nitheel, seconded by Alderman Thomson, that the report be received and adopted. No. 144 - City Marmger - Re: Tender Award for Contract G.C. 4-76, Sewermain, Watermain and Base Road Construction in Sunnylea Extens ion Subdivision. The report recommends that the low tendeter submitted by provincial Construction (Niagara Falls) Limited be accepted, and that the by-law authorizing the execution of a contract agreement be given the necessary readings. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera~ that the report be received and adopted. See Resolution No. 23 See By-law No. 76-54 No. 145 - City Manager - Re: Updating of City's June 1968 Report on Flood Control and pollution Abatement. The report recommends that an overall storm drainage scheme with environmental inputs for the Urban Development Area as defined in Official plan Amendment No. 43 be formulated for future reference; that the City Solicitor be instructed to prepare the necessary construction by-law for submission to Council for approval; and that the Region be petitioned to pay 25% of the total cost of updating the 1968 R.V. Anderson Report. ORDERED on the motion of Alderman puttick, seconded by Aldermen Crows, that the report be referred to the budget, that estimates be obtained on the cost of updating the 1968 Report on Flood Control and pollution Abatement, and that the Region be petitioned before-hand to pay 25% of the total cost of the updating, No. 146 - City Manager - Re: Retention of Consulting Engineer for Ontario Housing Corporation H.O.N.E. project off Montrose Road. The report recommends that the Consulting Engineering Firm of DeLeuw, Cather Canada Ltd. be retained to provide the engineering design and resident inspection services for the Ontario Housing Corporation H.0.M.E. project off Nontrose Road, subject to the approval of the Ontario Housing Corporation and that the engineering fee for DeLeuw, Cather Canada Lid. be in accordance with the current A.P.E.0. Fee Schedule (percentage fee basis). ORDERED on the motion of Aldermen Schtsler, seconded by Alderman Crows, that the report be received and adopted. No. 147 - City Manager - Re: Municipal Accounts. Recurending payment of municipal accounts. The City Manager provided information with respect to Cheques #2502 and ~2509 in response to questions raised by Aldermen Puttick. ORDERED on the motion of Alderman Crows, seconded by Alderman Smeaton, that the report be received and adopted. RESOLUTIONS No. 19 - See Page 1 No. 20 - FERA - S~ATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of J. Clanfleas 'for the fezcuing of Lots 17, 19 and 21, plan 653, situated on the east aide of Buchanan Avenue, conforms to Official Plan Amendment No. 28 of the Niagara Fells Plannin8 Area as amended and aperoved by the Minister of Rousing; AND the Seal of the Corporation be heroic affixed. Carried Unanimously No. 21 - CROWE - STEWART - RESOLVED that the Council of the Corporation ?f the City of Niagara Falls hereby certify that the application of S. Cloveits for the rezontng of 4895 Buckley Avenue, conforms to Official plan Amendment No. 28 of the Niagara Falls PlanninS Ares as amended and approved by the Minister of Rousing; AND the Seal of the Corporation be heroic affixed. Carried Unanimously No. 22 - THOMSON - 8~_ATON - RESOLVED that the tender submitted by Aleups Construction for the rents1 of a front end loader at the quoted price of $17.00 per hour be accepted; end that the tender submitted by Duffin Construction for the rents1 of a bulldozer at the quoted price of $16.90 per hour be accepted; AND the Seal of the Corporation be heroic affixed. Carried Unanimously No. 23 - THOMSON - FERA - RESOLVED that the tender submitted by provincial Construction (Niagara Falls) Limited for the construction of sewermains, watermains and base roads in the Sunnylee Extension Subdivision, be accepted at the tendered price of $23,398.80; AND the Seal of the Corporation be heroic affixed. Carried Unanimousl~ No. 24 - SMSATON - FERA - RESOLVED that pursuant to the public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby request an allocation of subsidy moneys for public transportation in the amount of $761,925.00 for the Capital Asset Assistance program and $152,200.00 for Transit Operating Deficit; AND the Seal of the Corporation be heroic affixed. Carried Unanimous_~ ~o. 25 - MANN -ORR - RESOLVED that Alderman Wayne Thomson be appointed Acting Mayor during the absence of Mayor George Bukator for the period March 16th to 24th, 1976, inclusive; AND the Seal of the Corporation be hereto affixed. Carried Unsnimousl7 BY-LAWS ORDERED on the motion of Alderman Schis let, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 76-33 - A By-law to amend By-law No. 2530, 1960 of the former Township ' ' of Stamford, now in the City of Niagara Falls as amended. (AM-35/75, power Glen Investments) No. 76-50 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-31/75, J. Cianflone) No. 76-51 - A By-law to provide for appointments to certain Boards, Commissions and Committees. No. 76-52 - A By-law to amend By-law No. 3790, being a By-law for the regulation ' of traffic. (No parkir~ on Bond Street) No. 76-53 -'A By-law to amend By-law No. 5335, 1955, as amended. (Clovetie property ' on Buckley Avenue) No. 76-54 - A By-law to authorize the execution of an agreement with provincial Construction (Niagara Falls) Limited for the construction of sewermains, watermains and base roads. ~(G.C. 4-76, Sunnylea Ext. Submd.) No. 76-55 ~ A By-law to authorize the execution of an agreement with Richard ' Collee Trucking and Excavating Limited for the demolition of buildings. (4226 and 4Z32 Park Street) No. 76-56 - A By-law to authorize the execution of an agreement with G.Othmer ' and William Leonard carrying on bus~hess in partnership as B. & G. Demolition for the demolition of a building. (4408 and 4414 aimcue ~ Street) No. 76-57 - A By-law to amend By-law No. 974 (1955) of the ~ormer Village of Chippaws, now in the City of Niagara Falls, as amended. (Industrial Zoning in the former Village of Chippaws) No. 76-58 .- A By-law to provide monies for general purposes. Carried with Aldermen Fore, Mann, Michael and err voting contrary to By-law 76-33, and all others votin~ i~ fsvo.u.r. 0 ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeston, that the following by-laws be now read a second and third time: No, 76-33 ' A By*law to amend By-law No. 2530~ 1960 of the former Township of Stamford, now in the City of Niagara Fables as amended. (AM-35/75, ~ower Glen Investments) No. 76-50 ' A By-law ~o amend By-law No. 5335, 1955r:as emanded. (AM-37/75, ~ ' J. Clanlions) ..... 6 A By-law to provide for appointments to certain Boards, Commissions and Committees. A By-law to amend By-law No. 3790, being a By-law for the regulation of traffic. (No Parking on Bond Street) A By-law to amend By-law No. 5335, 1955, as amended. (Clevette Prope~,f on Bucklay Avenue) A By-law to authorize the execution of an agreement with Previoeial Construction (Niagara Falls) Limited for the construction of sewermains, watermains,and base roads· (G.C. 4-76, Sunnylea Ext. Subl! 76-55 - A By-law to authorize the execution of an agreement with Richard, Collie Trucking and Excavat%ng Limited-for the demolition-of huildin~,j (4226 & 4232 Park Street) . ,,I, ,.ccc 76-56 - A By-law to authorize the executiOn'of'an agreement with 5. Othmer and William Leonard carrying on business in partnership as B. & G. Demolition for the demolition of a building. (4408 & 4414 Simcoe Str~ No. 76-51. No. 76-52 No. 76-53 - ~o. 76-54 - No. NO · 76-57 - A By-law to amend By-law No. 974 (1955) of the former Village of Chippawa, now in the City of Niagara Falls, as amended. (Industrial Zoning in the- former Vlllage of Chippaws) ~o. 76-58 - A By-law to provide monies for general purposes. Carried with Aldermen Fern, Mann, Michaeln:q Orr voting contrary t~ By-law 76-33, and all others voting in fave~-~' NEW BUSINESS QUALITY OF WATER IN MOBILE HOME PARKS Alderman Smeaton asked if it would be possible to obtain information on the quality of water, in particular the asbestos content, in comparison with other munici~.llties. The City Manager advised that he would check into the matter and provide Council with a report. ~RAINWHISTLES - SWAYZE DRIVE Alderman Smeaton advised that he was still receiving complaints from residents of the Swayae Drive with respect to the blowing of train whistles. The Alderman asked if any reply had been received from the C.T.C. onthe request for a prohibition. The City Clerk advised that no reply had been received as yet, but that he would follow up on the matter. 4 RAIL SHIPMENT OF BANGEROUS MATERIALS Alderman Smeaton asked if any reply had been received from C.N. regarding the shipment of dangerous materials by rail. The City Clerk advised that no reply had been received as yet, but that he would cheek into the matter again. SEGO.EFFICIENCY STUDY It was moved by Alderman Smeaton, seconded by Alderman Thomson, that.the Efficiency Study prepared by Sago International Ltd. be considered at the meeting of March 29, 1976. The motion Carried unanimously. I~SSAGE OF CONDOLENCE It was moved by Alderman Puttick, seconded by Alderman Thomson, that a letter of condolence be sent to the family of the lateB~n Fishman~ a respected member of the community. The motion Carried unanimously. CONCORDE JET - NIAGARA FALLS, NEW YORK AIRPORT Aldermsn Puttick requested the City Clerk to follo~ up on a letter sent to the Mayor of Bin,era Falls, New York regardin~ a proposal to land the Concords Jet at the Niagara Fells, New York airport. - 7- pOLE BRACING - NIAGARA SOUTH RECREATION CENTRE Alderman Puttick referred to an explanatory memo sent to him regarding the installation of pole bracing for the existing wooden pole on which lighting and transformers for the Niagara South Recreation were mounted. The Alderman requested that the City Manager provide Council with a breakdown of the hours, labour and material costs for the work. 100TH ANNIVERSARY ADVERTISEMENT - ST. CATHARINES STANDARD Alderman Puttick referred to an advertisement placed in the St. Catharines Standard congratulating the City of St. Catharines on their one hundredth anniversary. The Alderman requested who authorized the advertisement, the cost of the advertisement, and why Council was not advised in advance. His Worship, Mayor Bukator advised that he had authorized the advertisement without prior notice to Council since the request was made with only several days notice, and the advertisement appeared on the Friday. The Mayor further advised that he would use monies from his contingency fund to cover the cost of the advertisement, which was approximately $400 to $500. FLOODING OF KALAR-ROAD PUMPING STATION Alderman Puttick referred to the recent flooding of the Kalar Road Pumping Station, where Regional crews had pumped excess stormwater into the Shriner's Creek. He advised that he had requested the Director of Municipal Works to obtain a report from the Region on the reason for the flooding. It was the Alderman's understanding that this situation should not have happened, and expressed concern in view of the City's intention to extend development in the Shriner's Creek area. NEGOTIATIONS WITH FIRE FIGHTERS Alderman Puttick advised that when the settlement was reached with the Fire Fighters in 1975, Council had been advised that Sernie had received a 23% increase through arbitration, while the City had settled for a much lesser increase through direct negotiation. The Alderman further advised that he had recently read that the Anti-Inflation Board had rolled back this increase to 15%, but Council had not been advised of this. The City Manager explained that the comparison the Alderman was referring to involved another city, and was only used as an example. His Worship, Mayor Bukator suggested that the Sarnia settlement could have been reached after October 14th, 1975, the date the guidelines came into effect. COMMITTEE OF THE WHOLE PRESS COVERAGE It was moved by Alderman Michael, seconded by Alderman Orr, that all press personnel wishing to attend Committee of the Whole meetings be allowed to do so provided they adhere to the City's regulations on reporting of matters -regarding litigation, personnel and property acquisition. This motion was debated at great length, and during the discfission, members of Council expressed 'their opinions on the matter. Following considerable discussion, the motion was Defeated with the following vote: AYE: Aldermen Fern, Michael, 0rr, Puttick and Thomson. NAYE: Aldermen Crows, Harrigan~ Mann, Schisler, Smeaton, Stewart, Chessman and Mayor Bukator. TAPE RECORDING - ALDERMAN R. ORR Alderman Orr advised that he wished to play a tape recording which would indicate that he had not given out any confidential information relative to a meeting held on Junior '~" Hockey. It was moved by Alderman Chessman, seconded by Alderman Stewart, that the recording not be heard. The motion ~as pefeat~. with the following vote: AYE: Aldermen Schisler, Stewart and Chessman. NAYE: Aldermen Crows, Fern, Harrigan, Mann, Michael, err, Puttick, Smeaton and Thomson. It was then moved by Alderman Harrigan, seconded by Alderman Puttick, that the recording be played, that it be considered as a report to Council, and further t~at the recording be filed with the City Clerk. The motion Carri~ with the following vote: AY~t t~ldbrmen Crows, Fern, HarriSan, Mann, Michael, err, Puttick and Schisler. NAYE| Aldermen Smeston, Stewart, Thomson and Chessman. -8- Following a brief discussion, the recording was submitted to the City Clerk to be retained on record. TOUR OF CITY PROJECTS Alderman Stewart suggested that it would be appropriate for a bus tour of City projects to be scheduled in the near future. The City Manager advised that he would make the necessary arrangements. It was moved by Alderman Chessman, seconded by Alderman Crows, that the meeting adjourn. D AND ADOPTED, MAYOR a* L THIRTEENTH MEETING Committee Room #1 March 22, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, March 1976. All Members of Council were present with the exception of His Worship, Mayor Bukator, Aldermen Michael and Cheesman. Alderman Fera presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ,~&&*~4~, READ AND ADOPTED, Council Chambers March 22, 1976 Council met on Monday, March 22, 1976, 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 Bukator and Alderman Chessman. Alderman Stewart offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the minutes of the meeting of March 15, 1976, be adopted as printed. It was then moved by Alderman Puttick, seconded by Alderman Crowe, that Report No. 145 dealing with the updating of the City's 1968 Report on Flood Control and pollution Abatement, be received and adopted, subject to petitioning the Region to pay 25% of the cost of the updating, and that estimates be obtained on the cost of the updating. The motion Carried unanimously. Alderman Puttick explained that adoption of the report would allow the preparation of the construction by-law for two readings by Council, but would not commit the necessary monies at this time. UNFINISHED BUSINESS NIa~GARA SQUARE Report No. 148 - City Manager - Re: Niagara Square Site Plan. The report recommends that preliminary approval be given to the plans marked Exhibits 1.a to 1.g, subject to further detail being submitted and reviewed. ., Mr. C, Magwood, Vice-President of Cambridge Leaseholds Ltd. was granted permisSion to address Council on the motion of Alderman Mann, seconded by Alderman Fera. Mr. Magwood provided a report on the status of the project since the last time he had appeared before Council. preliminary site plans were posted in the Council Chambers, and Mr. Magwood gave a brief explanation of the plans. Following his presentation, Mr. Nagwood answered a number of questions raised by members of Council with respect to phasing of the construction, industrial building requirements, theatres and leasing arrangements. Following further discussion, it was moved by Alderman Schisler, seconded by Alderman Michael, that the report be received and adopted. The motion Carried unanimously. Report No. 149 - City Manager - Re: Execution of Engineering Agreement with Damas snd gmtth Limited for the Niagera Square Development. The report recommends thet the by-law authorizing the execution of an engineering aSreement with Danms and Smith, be 81yen the necessary readings. ORDERED on the motion of Alderman Schisler, seconded by Alderman Michael, that the report be received and adopted. See By-law No..76-66 THEME PARK PROPO8AL .- TAFT BROADCASTING CO. Report No. 150 - City Manager - The report recoem~euds that certain suggestions regarding servicing for the theme park proposal be approved by Council, _ ~. ~ following which suitable agreements will be presented for Council's considerat at a future meeting. Mr. G. Wachs, of Taft Broadcasting Co. was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Orr. Mr. Wachs advised that the site plan for the proposal has now been co-ordinated with the Official Plan amendment and the requirements therein. A brief description was given of the site plans displayed in Council Chambers of the three phases of the operation. ORDERED on the motion of Alderman Michael, seconded by Alderman Mann, that the report be received and adopted. MOSQUITO CONTROL pROGRAM Report No. 152 - City Manager - The report recommends that the representatives of the City of Niagara Falls on the Region's Committee established to devise measures to be taken against the spread of Vital Encephalitis, be authorized to vote in favour for the purchase of equipment and chemicals, if the costs are reasonable. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the report be received and adopted. EXEMPTIONS UNDER THE RETAIL BUSINESS HOLIDAYS ACT Report No. 153 - City Manager - The report advises that there are three courses of action that are available to Council regarding the granting of exemptions under the Retail Business Holidays Act: 1) Not approve any further applications for exertions beyond the tourist area originally approved by Council and confirmed by Regional By-law No. 1447-1392-76. 2) Request the Region to pass a by-law exempting all food stores in the City of Niagara Falls, notwithstanding the limitations contained in the Act. 3) The establishment of some type of predetermined limit on those food stores requesting exemptions (i.e. retail floor space, etc.). Mr. S. Gsmpel was granted permission to address Council on the motion of Alderman Crows, seconded by Alder~mn Michael. Mr. Gsmpel advised that he was representing the owners of Niagara Farms Market. In referring to the Act, Mr. G~mpbel advised that the Province had provided authority for exemptions under the Act, where it is essential for the maintenance or development of the tourist industry. He was of the opinion that the food industry was essential for the maintenance of the tourist industry, particularly in view of the increase in trailer parks in the City. Mr.'Gampel stated that the tourists will visit attractions in the City, but they do need food every day of the week, including Sunday. Reference was also made to the fact that Niagara Farms is located Just on the edge of the westerly limit of the area exempted under the Region's by-law. Mr. Gampel provided additional informa- tion in response to questions raised by members of Council. It was then moved by Alderman Smaaton, seconded by Alderman Mann, that Mr. H. Pinbow be permitted to address Council. Mr. Finbow commented on each of the options outlined in the report. With respect to all food stores being open on 'Sunday, he felt that it would be better for all to be closed, because if they were open, each and every operator would lose money. If the original area were only exempted and no further exemptions granted, it would be better to close and lose money than open and lose even more. If a classification were established, Mr. Finbow suggested that it should be set at 4000 sq. ft. He pointed out that'the three main stores in the City that had previously remained open on Sundays were all smaller than the 4000 sq; ft. figure, and had adequately served the tourist population in the past. Mr. Finbow felt that a store with 4000 sq. ft. could provide a complete shopping service, as well as large quantities when required. It was pointed out that a store with 2400 sq. ft. as presently provided for, could not provide the tourist with a complete range of foods. Reference was also made to the fact that the small corner stores which are allowed to remain opens are owned by large conglomerates, and the total square footage of all stores in the City would be above the present limits in the Act. Mr. Finbowanswered a number of questions raised by Council. Mr. T. Hamilton (9-9 Store) was also granted permission to address Council on the motion of Alderman Smeaton~ seconded by Alderman Puttick. Mr. Hamilton advised that his store had exactly 2400 sq. ft., and he could prowide · complete range of foods and groceries to the tourist population. He also pointed out that he had had deoreased his square footaSe in. order - 3 - to remain open. He felt that the provisions of the Act should be adhered to, and all stores should be treated the same as if they were located in Welland or St. Catherine,. The tourist industry was not dependent on grocery stores remaining open on Sunday, and Mr. Hamilton s rated that people do not travel to Niagara Falls to purchase groceries. ~. Henderson (Elmo's) was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Schisler. Mr. Henderson felt that he could supply a complete variety of goods in his 15,000 sq. ft. store. It was advised that the store employed sixty to sixty-five people throughout the week, and due to the location of the store on the "tourist strip" (Lundy's Lane), would provide a great service to the tourist industry. Mr. R. Matthews, owner of a local hardware store was then granted permission to address Council on the motion of Aldermen Fera, seconded by Alderman Orr. Mr. Matthews pointed out that he was only requesting a three hour exemption on Sundays as a convenience to the tourists and local people. In response to a number of questions raised, Fir. Matthew, advised of the type of commodity he sold during the summer to tourists in the City. Members of Council discussed this matter at great length, and following the discussion, it was moved by Alderman Mann, seconded by Alderman Crowe, that the provincial Government be petitioned to exempt the entire City of Niagara Falls from the provisions of the Retail Business Holidays Act on the grounds that the City is a prime tourist area. The motion was Defeated with the following vote: AYE: Aldermen Crowe!and Mann. NAYE: Aldermen Fera, Michael, Orr, puttick, Schisler, Smeaton and Stewart. It was then moved by Aldermen Puttick, seconded by Alderman Michael, that alternative (a) of the report be adopted. The motion was D~efeated. with the following vote: AYE: Aldermen Fern, Michael and Puttick. NA_~: Aldermen Crows, Mann, Orr, Sch~sler, Smeaton and Stewart. It was then moved by Alderman Fern, seconded by Alderman Orr, that the report be tabled, and that a special meeting of Council be held to discuss the matter further. The motion was Defeated with the following vote: AYE: Aldermen Fern and Orr. NAYE.: Aldermen Crows, Mann, Michael, puttick, Schisler, Smeaton and Stewart. It was then moved by Alderman Smeaton, seconded by Alderman Stewart, that the City of Niagara Falls request the Regional Municipality of Niagara to pass a by-law exempting from the mandatory closings required by the Retail Business Holidays Act, all retail food stores having less than 15,000 square feet. The motion was Defeated with the following vote: AYE: Aldermen Schisler, Smeaton and Stewart. NAYE: Aldermen Crows, Fern, Mann, Michael, Orr and Puttick. It was then moved by Alderman Smeaton, seconded by Alderman Orr, that the City of Niagara Falls request the Regional _M~uicipality of Niagara to pass a by-law exempting from the mandatory closings required by the Retail Business Holidays Act, all retail food stores having less than 7,500 square feet. The 'motion Carried with the following vote: AYE: Aldermen Fern, Orr, Schisler, Smeaton and Stewart. NAYE: Aldermen Crows, Mann, Michael and puttick. NOTE: Alderman Hertitan was absent when the vote was taken on this matter. COMMUNICATIONS No. 52 - Association of Municipalities of Ontario - Re: Energy Prices. The communication requests the comments of the municipality with respect to the implications of rising energy prices upon residential and industrial consumers of energy in the City. ORDERED on the motion of Alderman Crows, seconded by Alderman Mann, that the communication be referred to staff in order that the impact of the energy crisis upon the municipality can be determined. No. 53 - Ministry of Natural Resources - Re: planning for Flood Emergencies. The communication advises of the Ontario Coverrmaent's approach to emergency . planning'and the new responsibilities assigned to the Ministry of Natural ~Reeource8. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the - 4 - connnunication be referred to staff in order that the planning for flood emergencies can be co-ordinated with the City's Emergency Plan. NOTE: Alderman HatriSen was absent when the vote was taken on this matter. NOTE.: Alderman Orr was absent when the vote was taken on this matter. REPORTS No. 154 - planning Department - Re: Annual Report of the planning Department. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the report be received and filed. No. 155 - planning & Development Committee - Re: AM-13/75, Wedgewood Builders Niagara Ltd., East Side of Drummond Road. The Covmnittee recommends that the application be approved subject to 1) Development Control, 2) Reduction in density to 15 units per acre, 3) Road widening as required by the Region, and 4) agreement between the owner and the Regional Municipality of Niagara providing for alternate access; and further that the application conforms to Official Plan Amendment No. 28 as amended and approved by the Minister of Housing. The City Clerk read a letter of objection from Mrs. G. Staley. Mr. H. Voskuilen of Drummond Road was granted permission to address Council on the motion of Alderman MzLchael, seconded by Alderman Orr. Mr. Voskuilen expressed his concern over the increased traffic and lack of piny facilities for children in the area. He also felt that the development was located too close to the railroad tracks. Mr. W. Amadio, solicitor for the applicant, was granted permission to address Council on the motion of Alderman Schisler, seconded by Alderman Fern. Mr. Amadio briefly described the site plan posted in Council Chambers. Reference was made to the objection of Dr. Abou-Keer, and it was advised that when the Doctor had purchased his property, one of the conditions of sale was that he would not object to any rezoning application for the lands to the rear for multi-family, high-rise, semi-detached or condominium housing. With regard to the Region's proposal for the Drummond - C.N.R. Crossing, Mr. Amadio advised that the original plans for the proposal had been altered considerably to accommodate any future land requirements. There will be a berm and fencing installed between the property and the rail line which should provide adequate safety protection. The property will be developed aa condominium units if C.M.H.C. approval can be obtained, and if not, the units will be rented. There will be a playground area within the development located away from traffic and the rail line. With regard to the traffic problem, Mr. Amadio advised that Drummond Road was a major arterial roadway and was intended to carry traffic. The Director of Municipal Works provided additional information regarding traffic and the Region'a proposal for the C.N.R. crossing in response to questions raised by members of Council. Follo~ing further discussion, it was moved by Alderman Smeaton, seconded by Alderman Michael, that the rec~endattona of the Planning & Development Committee be adopted. The motion Carried with the following vote: AYE: Aldermen Mann, Michael, Orr,.Puttick, Schisler, Smeaton and Stewart. N~E:Aldermen Fern and HatriSen. NOTE: Alderman Crowe declared a conflict of 'interest and abstained from rotiRa on this matter. See ReSolution No. See By-law No. 76-6~ No. 156 - City Manager - Re: AM-29/75, for L. Martin on Swa~ze Drive. The report reconnends the following| 1) That Mr. & Nrs. Nattin be given firs~ right of refusal in acquiring all surplus lands involved in the Church's re-ali8~nt; 2) That ~. &~s. ~r~in would dedicate the triangular piecat of land at the northwest corner of their holdings to the Municipality free of charge at thist~; 3) If the City or~. ~r~in owns the applicable abutting frontage, ~. and Mrs. ~rtin ~ould have an equivalent 1,720 sq. of land deeded to them free o~ charge, subject to Ontario Hydro not ~posin$ any costs on the Municipality. If Ontario Hydro did impose costs, the char~es would be paid by Mr. &~s. ~r~in; 4) The refining lands involved in the future dosinS of Swsyze Drive as i~ now exists would be sold to ~. &~s, ~rtin at the appriased value o~ the land, such money to be used to ~iMnce the necessary watermin rel~ation; 5) An easement to accurate the existin~ j - 5 - buried hydro cable would be a condition of any land transfer for items 3 and 4 above; and 6) All conditions listed in 1 to 5 would be subject to Mr. &Mrs. Martin acquiring all of the surplus land involved so that a viable parcel of property would be available for construction purposes. ORDERED on the motion of Alderman patrick, seconded by Alderman Michael, that the report be received and adopted. NOTE: Alderman Orr retired from the meeting. No. 157 - City M~nager - Re: Concession Agreements. The report recommends that Council permit an agreement to be prepared for Concession rights for Oakes Park and Ker Park with the Greater Niagara Baseball Association Ladies Auxiliary and Mrs. B. Culp respectivelY. ORDERED on the motion of Alderman Cr0we, seconded by Alderman Schisler, that the report be received and adopted. NOTE: Aldermen Mann and Michael were absent when the vote was taken on this matter. No. 158 - City Manager - Re: Ontario Building Code. The report recommends that the by-laws prepared in accordance with the Ontario Building Code Act and regulations therein, ~e given the necessary readings. Alderman patrick expressed concern over the statement in the report that additional inspectors would be required, especially for residential buildings. The City Manager advised that this point would be discussed further during the budget meeting. ORDERED on the motion of Alderman Fern, seconded by Alderman Stewart, that the report be received and adopted. See By-laws 76-59, 76-60 and 76-61 -- NOTE: Alderman Michael was absent when the vote was taken on this matter. No. 159 - City Manager - Re: City of Niagara Falls Board of Museums. The report reconnnends that the by-law appointing Mrs. G. penney, Mr. W- Hicks, Mr. M. Hermash, Mr. N. Misener and Mrs. E. Chambers to their respective terms, be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the report be received and adopted. See By-lay No. 76-6~. NOTE: Aldermen Michael and Smeaton were absent when the vote was taken on ~:~his matter. No. 160 - City Manager - Re: Encroachment at 4966 Hamilton Street. The report recommends that the by-law authorizing the encroachment be prepared subject to the following conditions: 1) payment of $25.00 to cover legal costs; 2) The preparation of a legal description of the land of the owner; and 3) The preparation of a legal description of the part or parts of the highway encroached upon prepared by an Ontario Land Surveyor, J;ogethar with a plan of survey showing the encroachment. ORDERED on the motion of Alderman Mann,..seconded by Alderman Sqhis le~, that the report be received end adopted. NOTE: Aldermen Michael and Smeaton were absent when the vote was taken on this matter. No. 161 = planning & Development Committee - Re: Regional Urban Boundaries. The report suggests that a Joint meeting of Council and the Committee be held to discuss the proposed Regional Urban Boundary changes for Niagara Falls west of the Q.E.W. ORDERED on the motion of Aldernmn Crows, seconded by Alderman Stewart, that the meeting be scheduled on Tuesday, April 6, 1976, in the evening. NOTE: Alderman Michael was absent when the vote was taken on this matter. No. 162 - City Manager - Re: Consolidated Licensing By-law. The report advises that ~he.proposed fee schedule, if acceptable, will be incorporated into the new consolidated licensing by-law, which will be presented to Council at the meeting of April 5, 1976. ORDERED .on the motion of Alderman Crowe, seconded by Alderman Stewart, that the report be received ~d adopted. NO~E: Alderman Michael was absent when the vote was taken on this matter. $..e.6 - 6- No. 163 - City Manager - Re: M.E.A. - O.G.R.A. Workshops. The report advises of the proceedings during the annual M.E.A. and O.G.R.A. Workshops. ORDERED on the motion of Alderman Smeaton, seconded by Alderman liarrigan~ that the report be reQeived and filed. NOTE: Alderman Michael was absent when the vote was taken on this matter. No. 164 - City Manager - RE: Tenders for the Rental of General Purpose Equipment for 1976. The report recommends that the schedules of tenders received for the rental of general purpose equipment, be used starting with the economically lowest rate for equipment available and suitable, when required for City operations. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann, that the report be received and adopted. NOTE: Aldermen Michael was absent when the vote was taken on this matter. No. 165 - City Manager - Re: Exemption of Block B, Plan N.S.-2 from Part Lot Control. The report recommends that the by-law respecting Block B, Plan N.S.-2 be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. See By-law No. 76-64 NO~: Alderman Michael was absent when the vote was taken on this matter. No. 166 - City Manager - Re: O.B.O.A. Training Course. The report recommends that one member of the Building & Development Department be permitted to attend the O.B~O.A. course at Queens University in Kingston from April 4 - 9, 1976. Acting Mayor Thomson advised that it was the opinion of staff, that two members of the Building &Development Department should attend the course in that it is essential that employees be trained in the latest building codes and regulations. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan, that tWo members of the Building & Development Department be permitted to attend the course, and the report, as amended, be received and adopted. 'The motion Carried with the following vote: A.Y~.: Aldermen Crows, Fern, Harrigan, Mann, Puttick and Stewart. NAYE:Aldermen Smeaton and Schisler. NOTE: Alderman Michael was absent when the vote was taken on this nmtter. No. 167 - City Manager - Re: By-law 75=185, Regulating the Discharge of Firearms. The report recommends that the by-law amending By-law 75-185 be given the necessary readings. ORDERED on the motion of Alderman Smeaton, seconded by Aldermen Fern; that the report be received and adopted. See By-law No. 76-67 NOTE: Aldermen Michael was absent when the vote was taken on this matter. No. 168 - City ManaRer ~ Re: Retention of Soils Consultant for Church's Lane Storm Sewer. The report recommends that'Peto MacCallum be retained for this project at a cost not to exceed $1400. ORDERED on the motion of Alderman Mann, seconded by Aldermen Stewart, that the report be received and adopted. NOTE: Aldermen Michael was absent when the vote was taken on this ms. tier, No. 169 - City Manager - Re: Valley Way West Subdivision. The report recommends that the land exchange be approved and further that. the City will not object to the Regional Municipality of Niagara assuming the pumpin~ station and forcemain for this proposed plan of subdivision. ORDERED on the motion of Alderm~n Mann, seconded by Aldermen Crows, that the report be received and adopted. NOTE: Aldermen Michael was absent when the vote was taken on this matter, No. 170 - City Manager - Re: NiaSara Falls Arena. The report reconxaends that Rsmex Systems Limited be retained to supply and instslls new brine chiller at the Niagara Falls Arena in accordance with the specifications contained in their quotation at s cost not to exceed $25,866.00. a~DERED on the motion of Aldermen Puttick, seconded by Alderman 8meaton, that the report be receLyed and adopted. See Resolution No. 21t - 7 - No. 171 - City Manager - Re: Oakwood Drive - Valmec Holdings. The report advises that the solicitor acting for Valmac Holdings has informed City staff that a decision has been made by the Firm to proceed with construction of their new building on lands they presently own. ORDERED on the motion of Alderman Crowe, seconded by Alderman Fera, that the report be received and filed. No. 172 - Alderman W. Thomson - The report advises of the proceedings during a meeting between members of Council, residents of the Chippawn area and Mr. J. Holer, owner of Marineland. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the report be received and filed. No. 173 - City Manager - Re: Municipal Accounts. The report recommends the payment of municipal accounts. ORDERED on the motion of Alderman Michael, seconded by Alderman Fern, that the report be received and adopted. RESOLUTIONS No. 26 - SMEATON - MICHAEL - RESOLVED that the application of Wedgewood Builders Niagara Limited, for the rezoning of Part Township Lot 95, Part Plan 38, on the east aide of Drummond Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; A~fl) the Seal of the Corporation be heroic affixed. Carried with Alderman Crows abstaining on a conflict of interest, Aldermen Fern and HarriSan voting contrary, and all others. ~n layout. No. 27 - PUTTICK - SMEATON - RESOLVED that the quotation of Ramex Systems Limited for the supply and installation of a brine chiller at the Niagara Falls Arena be accepted, with the cost not to exceed $25,866.00; AND the Seal of the Corporation be heroic affixed. No. 28 - MANN - CROWE - RESOLVED that the statement of proposed supplementary expenditures for Public Transportation and Highway Improvements for the year 1976 dated March 22, 1976, be adopted as presented in the total estimated amount of $992,000.00 with an estimeted subsidy cost of $372,000.00; AND the Seal of the Corporation be heroic affixed. Carried Unanimoup~y It was moved by Aldermen Mann, seconded by Alderman Crowe, that a delegation from the City of Niagara Falls, composed of His Worship, Mayor Bukator, one member of Council, the City Manager and Director of Municipal Workss be authorized to meet with officials of the Ministry of Tra~sportation & Cunanunications to support the City's application for proposed supplementary expenditures for the year 1976. The motion Carried unanimously. No. 29 - SMEATON - MANN - RESOLVED that the Program of Proposed Expenditures for Highway Improvements for the year 1976 dated March 22, 1976, be adopted as presented, in the total estimated cost of $4,069,000.00 with an estimated subsidy cost of $1,260,0001 AND the Seal of the Corporation be hereto,' affixed. Carried Unanimousl~ BY- LAWS ORDERED on the motion of Aldermen Mann, seconded by Aldermen Crows, that By-law No. 75-226, as amended, be nOw read a third time: No. 75-226 - ~ By-law to authorize the construction of certain works as local improvements under. Section 12 of The Local Improvement Act. Carried Unanimously by all Members present, including Acting Mayor Thomson ORDERED on the motion of Aldermen Schisler, seconded by Alderman Harrigan, that ;leave be granted to introduce the followin8 by-laws, and the by-laws be read a first time: -8- No. 76-59 - A By-law respecting payment of deposits upon applications for buiIding permits. No. 76-60 - A By-law respecting buildings and building permits. No. 76-61 - A By-law to appolnt a chief building official and inspectors under the Buildlng Code Act, 1974. No. 76-62 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended.(Wedgewood No. 76-63 - A By-law to authorize an agreement with Her Majesty The Queen In Right of Ontario represented by the Minister of Housing. No. 76-64 - A By-law to designate certain land not to be subject to part lot control. (N.S.-2) No. 76-65 - A By-law in respect to the City of Niagara Falls Board of Museums. No. 76-66 - A By-law to authorize the execution of an agreement with Damas and Smith Limited respecting engineering services. No. 76-67 - A By-law to amend By-law No. 70-216, as amended, to regulate the discharge of firearms in a defined area of the City of Niagara Falls. No. 76-68 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Dorchester Square) No. 76-69 - A By-law to provide monies for general purposes. Carried with Alderman Crowe abstaining on 3 conflict of interest. on By-law 76-62, and all others voting in layout. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the following by-laws, be now read a second and third time: No. 76-59 - A By-law respecting payment of depos its upon applications for building permits. No. 76-60 - A By-law respecting buildings and building permits. No, 76-61 - A By-law to appoint a chief building 6ff!cial:snd inspectors under the Building Code Act, 1974. No. 76-62 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Fails, as anmnded. (Wedgewood - Builders) No. ,76-63 - A By-law to authorize an agreement with Her Majesty The Queen In Right of Ontario represented by the Minister of Housing. No, 76-64 - A By-law to designate certain land not to be subject.to part lot control. (N,S,-2) No, 76-65 - A By-law in respect to the City of Niagara Falls Board of Museums, No. 76-66 - A By-law to authorize the execution of an agreement with Damas:and Smith Limited respecting engineering services. No. 76,-67 -. A By-law to amend By-law No. 70-216, as amended, to regulate the discharge of firearms in a defined area o£ the City of Niagara Falls, No. 76-68 - A By-law to amend By-laws Nos. 2350, 1959 an~ 2530, 1960 of the former Township of Stamford, now ~n the City of Niagara Falls, as amended. (Dorchester Square) - 9- 76-69 - A By-law to provide monies for general purposes. Carried with Alderman Crows abstaining on a conflict of interest on By-law 76-62, and all others voting in favour. NEW BUSINESS DRIVEWAY ENTRANCE - CATTELL DRIVE Alderman Michael requested the Director of Municipal Works to investigate a complaint regarding a driveway entrance at 3243 Cattell Drive. INSTALLATION OF POLE BRACING - NIAGARA SOUTH RECREATION CENTRE Alderman Puttick referred to an information report regarding the installation of pole bracing for the existing wooden pole on which lighting and transformers for the Niagara South Recreation Centre were mounted. Although the breakdown indicated the individual charges for the work, the Alderman felt the price was high. HEART DISEASE Alderman Puttick referred to the monthly report of the Medical Officer of Health included with the meeting material included in the agenda. The Alderman advised that the report was very informative, and directed the attention of Council towards the information. FORMER CITY MANAGER, A.C. HUGGINS Alderman Puttick referred to a letter included in the agenda material from the former City Manager, Mr. A.C. Hugging, who had recently undergone surgery while visiting Florida. The Alderman was pleased to note that Mr. Huggins was doing well and would return to the City shortly. TAX ASSISTANCE TO ELDERLY HOME OWNERS Alderman Puttick advised that he had contacted the Taxation Office in St. Catharines regarding the $75 property tax rebate given by the City to persons receiving the Old Age Supplement Pension. Apparently these senior citizens cannot claim the $75 on their tax credits, and the money is then staying with the Provincial Government. It was moved by Alderman Puttick, seconded by Alderman Mann, that the City Manager investigate this matter, and prepare a report for submission to Council. The motion Carried unanimously. :It was moved by Alderman Smeaton, seconded by Alderman Crowe, that the meeting adjourn. ~a.~Aaa~ R~AD AND ADOPTED, FOURTEENTH MEETING Committee Room March 29, 1976 Council met in Connnittee of the Whole at 7:20 p.m. on Monday, March 29, 1976. All Members of Council were present with the exception of Alderman Michael. His Worship, Mayor Bukator presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting:- ~. READ AND ADOPTED, MAYOR Council Chambers March 29, 1976 Council met on Monday, March 29, 1976, at 7:30 p.m. for the purpose of considering general bus iness. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. Alderman Crows offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the minutes of the meeting of MArch 22, 1976, be adopted as printed. DEPUTATION MR. WILLIAM HUNTER RE: HUMANE SOCIETY His Worship, Mayor Bukator advised that Mr. Hunter had called and advised he would be unable to attend the meeting due to a prior commitment. COMMUNICATIONS No. 54 - Niagara Falls Review - Re: 1976 Connnunity Close-Up. The communication requests that the Review's request for advertising support in the 1976 Community Close-Up edition be either considered as an expenditure in the Mayor's Contingency Fund or again presented to Council. J ORDERED on the motion of Alderman Harriga~, seconded by Aldermen Michael, that the communication be received and filed. REPORTS No. 174 - City Manager - Re: Official Plan Amendment No. 80, W. Molodynia, AM-33/75, on Main Street. The report recommends that Council adopt an amendment to the Official Plan by By-law. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Fern, that the report be received and adopted. See By-law No. 76-79 No. 175 - City Manager - Re: Lot 23, Plan 74, 8135 Woodbine Avenue. The report requests Council's permission to demolish the building at 8135 Woodbine Avenue under the supervision of the Construction & Contract Control Superin- tendent at a cost of approximately $500. ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman, that the report be received and adopted. No. 176 - PlanninS & Development Committee - Re: AM-4/76, D. D'Addio, East Side of Drunmond Road. The Committee ree~ends that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 after a, further amendment has been spproved; that the application be spproved subject to Development Control and the conditions that 20% of the site be landscaped, that the garbage enclosure be made of brick end attached to the building; sad that full site plan control be exercised by Council, including Council approval of the elevation of the buildings. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart~ - 2 - that the reconmendations of the planning & Development Committee be adopted. See Resolution No. 30 No. 177 - City Manager - Re: Ontario Municipal Personnel Association Spring Workshop. The report recommends that the personnel Officer be authorized to attend the O.M.P.A. Spring Workshop in London, Ontario on April 8th and 9th, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received and adopted. No. 178 - City MarmEet - Re: Tenders for b~terials - 1976. The report recommends: 1) Tires, Tubes & Tire Repairs - Whitelay Tire Sales; 2) Hot Mix Asphalt & Asphaltic Cold Patch - Material will be purchased where it is economically feasible at the time required; 3) Supply of Granular Materials & Sand - Granular materials and sand to be purchased from the low bidder at the source closest to the site used; 4) Gate Valves - Canada Valve Limited; 5) Tapping Valves & Sleeves - Canada Valve Limited; 6) Valve Boxes - Emco Supply; 7) Oxygen & Acetylene - Border City Welding Supply and Niagara Welders Supply as outlined on the sun~aary sheet; '8) Supply & Apply of Traffic Line Striping - Provincial Pavement Marking; 9) Cement, Lime and Seal Bond - Weightman (Chippaws) Limited; 10) Ready-Mix Concrete - Weightman (Chippaws) Limited. ORDERED on the motion of Aideman Thomson, seconded by Alderman Stewart, that the report be received and adopted. See Resolution No. 31 No. 179 - Planning & Development Committee - Re: The Planning Act. The report suggests that two members of staff be directed to attend the public meeting on April 1, 1976, and as many Council members as possible attend the afternoon meeting on April 1, 1976. It is recommended that the attached report No. PD/50/76 be presented to the Planning Act Review C~ission. ORDERED on the motion of Alderman Mann, seconded by Aldermen Stewart, that the reconmendations of the Planning & Development Com~ittee be adopted. The motion Carried with Aldermen-Crowe voting contrary, and all others voting in layout. No. 180 - City Manager - Re: Property Tax Credits. The report provides informa- tion on the property tax credits given by the City and the Province through the Income Tax System. ORDERED on the motion of Alderman Puttick, seconded by Alderman Crowe, that the report be received and filed. No. 181 - City Manager - Re: Release of Sewer Easement in R.P. M-22. The report recommends that the by-law authorizing the release of an easement in Registered Plan M-22, be given the necessary readings. ORDERED on the motion of Alderman Schis let, seconded by Alderman Fera, that the report be received and adopted. See By-law No. 76-72 NOTE: Aldermen Crowe declsred~a confl=ictiof;interest,,andabstained~fro~avotigg on this matter. No. 182 - City Manager - Re: Municipal Accounts. Reconnnending payment of the municipal accounts. ORDERED on the motion of Aldermen Thomson, seconded by Alderman C,heesman, that the report be received and adopted. CO~4UNICATION No. 55 - Chamber of Cvui.erce - The communication requests that a meeting be set up between the Board of Directors of the Chamber, 'members of Council and Depsrtmant heads for an informal discussion and an exchange of opinions relative to tomunity affairs. The date of May 5, 1976, is suggested for the function. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that an informs1 meeting with the Board of Directors of the Chamber of Commerce be set up for the eveninS of May 5, 1976. RESOLUTIONS No. 30 - THOF~ON - STEWART * RESOLVED that the Council ce the Corporation the City of NieSa~a Falls hereby certify that the application of D. D*Addio -3- for the rezoning of Lots 17 to 22, Plan 33, situated on the east side of Drummond Road, will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved, after a further amendment is approved by the Minister of Housing; Am the Seal of the Corporation be hereto affixed. Carried Unanimously No. 31 - THOMSON - STEWART - RESOLVED that the following bids for the supply of materials for 1976 be accepted: 1) Tires, Tubes & Tire Repairs - Whitelay Tire Sales. 2) Hot Mix Asphalt & Asphaltic Cold Patch - The material will be purchased where it is economically feasible at the time required. 3) Supply of Granular Materials & Sand - Granular materials and sand to be purchased from the low bidder at the source closest to the site used. When two prices are equal for the same product, purchase of same will be divided as equally as possible. ; 4) Gate Valves - Canada Valve Limited. 5) Tapping Valves & Sldeves - Canada Valve Limited. 6) Valve Boxes - Emco Supply. 7) Oxygen and Acetylene - Border City Welding Supply and Niagara Welders Supply. 8) Supply & Apply of Traffic Line Striping - Provincial Pavement Marking. 9) Cement, Lime and Seal Bond - Weightman (Chippaws) Limited. 10) Ready-Mix Concrete - Weightmen (Chippawa) Limited. ~ND the Seal of the Corporation be hereto affixed. Carried Unanimously ,{ B Y - LAWS 'ORDERED on the motion of Aldermen Mann, seconded by Alderman Harrigan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 76-70 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (W. Molodynia on Main Street) No. 76-71 - DELETED No. 76-72 - A By-law to authorize the release of a sewer easement in Registered Plan M-22. ', No. 76-73 - A By-law to authorize the acquisition of land for the parking of vehicles. No. 76-74 - A By-law to provide monies for general purposes. Carried with Alderman Crowe abstaining on a conflict of interest on By-law No. 76-72, and all others in favour. ORDERED on the motion of Alderman Crowe, seconded by Alderman Orr, that the following by-laws be now read a second and third time: No. 76-70 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (W. Molodynia on Main Street) No. 76-71 - DELETED No. 76-72 - A By-law to authorize the release of a sewer easement in Registered Plan M*22. No. 76-73.- A By-law to authorize the acquisition of land for the parking of vehicles. No. 76-74 - A By-law to provide monies for general purposes. Carried with Aldermen Crowe abstaining on a conflict of interest on By-law No. 76-72, end a11 others in.. fsvour.' -4- WORK EFFECTIVENESS STUDY - SEGO INTERNATIONAL The Work Effectiveness Study of City Hall operations was brought forward for consideration of Council. Mr. Pierce of Sago International was present at the meeting, and an opportunity was provided for members of Council to ask questions on the contents of the report. The recommendations and final summary of the report were reviewed by Mr. Pierce, and additional information and clarification were provided at that time. Members of staff also provided information in response to questions raised by members of Council. Following full discussion and consideration, it was moved by Alderman Smeaton, seconded by Alderman Harrigan, that the Work Effectiveness Study be referred to the City Manager for study, and further that a report be prepared for Council, containing the comments of staff on the specific suggestions and recommendations outlined in the Work Effectiveness Study. The motion Carried unanimously. In response to a question raised regarding the timing of the staff report, the City Manager advised that every effort would be made to have the staff report presented to Council within a month. NEW BUSINESS ~ETTER OF CONDOLENCE It was moved by Aldermen Chessman, seconded by Alderman 0rr, that a letter of condolence be sent to the family of the late Miss Barbara Haynes, a valued employee of the City Treasurer's Department. The motion Carried unanimously. CONDITION OF PENN CENTRAL TRACKS Alderman Puttick advised that the Penn Central tracks near the intersection of Simcoe Street and Ontario Avenue were in an extremely dangerous condition. The Alderman further advised that the spikes were out of the ground at least one or two inches, and the track could be moved with a person's foot. The concern was expressed that a train carrying a tri-level car, the type used to transport vehicles, could topple over if the tracks gave way. It was moved by Alderman Puttick, seconded by Alderman Smeeton, that the City Manager investigate the situation and report back to Council. The motion Carried unanimous ly. RAIL SHIPMENT OF DANGEROUS MATERIALS Aldermen Smeaton advised that he had received material from the Honourable O. innS, Federal Minister of Transport, and from Mr. Roger Young, M.P., regarding rail shipment of dangerous materials. The Alderman suggested that the City should obtain copies of the regulations governing rail shipment of dangerous materials, and this information should be distributed to members of Council. It was the Aldermanes feeling that once this information was obtained, further efforts could be made to spur the railroad into providing the City with the necessary information. ONTARIO PRESS COUNCIL Alderman Puttick advised that he had written to the Ontario Press Council in Ottawa regarding certain items of interest. The Alderman further advised that he had received hack certain information, including the Press. Council'8 constitution. Included in the constitution was provision ~or the Press Council to review and report on attempts to restrict access to information of public interest. Also mentioned was the fact that any person having a complsint about the press, could contact the Press Council, and the Press Council would pay expenses involved, such as attendance et hearings on complaints. Mambers of the press can request the Press Council to hold hearings if it is felt that public information is being suppressed, and the Press Council will then determine and put in writing, their considerations and recommendations. Alderman Puttick felt that the public should be aware of this information. PARKING OF TRUCKS - WHIRLPOOL BRIDGE Alderman Thomson advised that he had spoken to the Chief of the Niagara Parks Police regarding the parkin8 of trucks at the Whirlpool Bridge. This problem was brought to the attention of Council s year ago, and apparently ' the situation still exists. The Alderman further advised that the Chamber of C~w,-~rce has had c6rrespondence with the C.N.R. regarding the lease of land - 5 - behind the C.N.R. tracks and an area almost directly behind the existing compound that could be used for that particular facility. The City has also had discussions with respect to the former Kimberly-Clark building, which could be used to provide enough space to park fifty units, and would help solve the problem of parking on the streets. Alderman Thomson felt that it would be an ideal time to hold a meeting with the appropriate officials in order to arrive at a solution to the problem. It was moved by Aldermen Thomson, seconded by Alderman 0rr, that a meeting be arranged between City officials, the Regional Police, the Niagara Parks Police, the Bridge Commission, Mr. Roger Young, M.P., Mr. Vince Kerrio, M.P.P., and the Minister of Transportation & Communications, Mr. Snow, in order to further discuss this problem. The motion Carried unanimously. CONDITION OF WILLOUGHBY DRIVE Alderman Michael requested the Director of Municipal Works to obtain a report from Regional officials regarding the condition of Willoughby Drive, and when restoration would be complete. PRESS CONFERENCE FOR GORGE WALK Alderman Michael asked if the City was participating in a press conference regarding the Rechatin walk. The City Manager advised that there was to be a press conference, but it was regarding a walk to be made by Philips Petite. Alderman Michael asked why the matter was discussed in Committee of the Whole, and how much money had been authorized for the expenditure. Alderman Puttick advised that the matter was discussed in Committee at the request of the Mayor of Niagara Falls, New York, and the Council had authorized a maximum of $200 to be spent. The City Manager further advised that the request had been received several hours prior to the Council meeting, and there was not sufficient time to include the item on the agenda. It was moved by Alderman Cheesman, seconded by Alderman Stewart, that the meeting adjourn. READ AND ADOPTED, CLERK MAYOR FIFTEENTH MEETING Council Chambers April 5, 1976 REGULAR MEETING Council met on Monday, April 5, 1976, at 7:30 p.m. for the purpose of considering general bus iness. All Members of Council were present with the exception of Alderman 0rr. His Worship, Mayor Bukator presided as Chairnmn. Alderman Fern offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the minutes of the meeting of March 29, 1976, be adopted as printed. DEPUTATION MR. WILLIAM HUNTER - RE: OPERATION OF THE NIAGARA FRONTIER HUMANE SOC.I.E.T.Y Mr. William Hunter was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Chessman. Mr. Hunter advised that he wished to discuss several matters relating to the operation amd'~expenditures of the Niagara Frontier H,,m~ne Society. Eight applications for membership on the Society had been rejected because the applicants were members of the Canadian Union of Public Employees. It was felt that since these eight persons were taxpayers concerned with the manner in which funds supplied by the City were being spent by the Society, they were entitled to' become members. Mr. Hunter further stated that an investigation should be made into the expenditures of the Society, since he felt that they were extremely high considering the size of the operation. Some of the expenditures questioned were Bell Telephone, gasoline, repair bills, chemicals and the fee of Niagara Industrial Relations Institute. Mr. Hunter asked if it was true that the Inst~Ltute's fee amounted to almost as much as the total cost of the wage package recently negotiated by the Humane Society. It was Mr. Hunter's opinion that in times of spending restraints, budget cuts and increased taxes, Council should find the answer to these questions and have a complete review of the operation. It was further advised that rejection of membership applications on the basis of union membership was discrimination, and that if Council did not answer the questions raised, legal action would be taken. Mr. Hunter commented further in response to a n,,mher of questions raised by members of Council. It was then moved by Alderman Puttick, seconded by Alderman Michael, that Mr. W. Savoie be granted permission to address Council. Mr. Savoie expressed concern over the statements regarding his repair bills on Humane Society equipment. It was explained that there were records showing where every nickel was spent on each of the vehicles, and who had authorized the work. Mr. SaVoie further advised that if the repairs had not been satisfactory, he would appreciate the vehicles being returned to his shop where any problems would be corrected at no coat. Following consideration of the questions raised, it was moved by Alderman Puttick, seconded by Alderman Mann, that the matter be referred to staff for investigation, and that a report be prepared for the Council meetin~ of April3.12, 1976. The motion Carried unanimously. UNFINISHED BUSINESS AM-38/75, D.A. ~RSICH, STANLEY AVENUE. BUCHANAN AVENUE AND ROBINSON STREET Report No. 101 -. Planning &Development Connittee - the report from the Council meeting of March 1, 1976 was presented, wherein the Conmittee recommends that this application be tabled until the Engineering Department has assessed the likelihond of the Ontario Avenue-extension being affected by this razesing application. AND Repqrt No. 183 - City Manager - The report advises of three alternatives Council has in considering the application: 1) That the entire spplication be denied, providing the maximum flexibility in any possible future alignment of 0ntsrio Avenue; 2) That the entire appliesties be approved, providing the least flexibility in shy possible future Ontario Avenue extension; or 3) That consideration be given to the rezoninB of part of the lands only. the lots numbered 3 to 9 inclusive were excluded from the application, some fiexibirity would still be possible for a future Ontario Avenue eligr~nent. 2 The Director of Municipal Works provided additional information in response to questions regarding the study of the proposed Ontario Avenue extension by consultants, in conjunction with the Railway Relocation Study. Following further cormant bF several members of Council, it was moved by Alderman Mann, seconded by Alderman Crows, that Mr. J. Simon be granted permission to address Council. Mr. Simon provided a brief history of this application since it was originally submitted in 1971. It was advised that Mr. Simon was not opposed to the rezoning of the Mersich property, but was concerned with the setback from the property line. If the motel were to be constructed six feet from the property line, two thirds of Fir. Simon's yard would not receive sunlight, and television and radio reception would be seriously affected. Mr. Simon felt that if Council were to approve the application without a proper site p~n that would protect his property, then whoever purchases the Mersich property could construct a building to whatever standards they desired. Mr. Simon also provided additional information in response to a D,,mher of questions raised by members of Council. Mr. D. Mersich was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Puttick. Mr. Mersich advised that if the application were spproved, it would be pursuant to the draft zoning by-law which calls for a 15' sideyard. The 15' sideyard cannot be used for .any purpose itself, and would probably be expanded to greater than 15'. With regard to the Ontario Avenue extension, Mr. Mersich felt that if the proposed extension would not take place for 25 years, the City would be losing substantial tax revenue by refusing to allow the owners to build. The tax revenue would be able to more than purchase any right-of-way required twenty-five years from now. Mr. Mersich provided further information in response to questions raised by members of Council. Mr. S. Newman, was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Puttick. Mr. Newman asked a number of questions regarding the Official Plan, the draft zoning by-law and the Ontario Municipal Board's comments regarding spot rezoning. He also commented on several recent applications south of Peer Street that were approved after Council had adopted a policy to discourage rezoning applications south of Peer Street until further study of the Ontario Avenue extension has taken place. Mr. Newman was also critical of the fact that Council had reversed decisions made 8t the Planning & DevelopmentConnittee level. Following considerable discussion, it was moved by Alderman Smeaton, seconded by Alderman Stewart, that the application be approved subject to .Development Control. It was then moved by Alderman Harrtgan, seconded by Alderman ManE, that the motion be amended to include provision for a 30' sideyard.. The amending motion was p~.feated with the following vote-: AYE: Aldermen Rarrigan and Mann. NAYE: Aldermen Crows, Fern, Michael, Puttick, Schisler, Smeatqn, Stewart, Thomson and Chessman. i The motion to approve the application subject to Development Control Carried with the following vote: A~E: Aldermen Crows, Fern, Michael, Puttick, Schisler, Smeaton, Stewart, Thomson and Chessman. NAYE~. Aldermen lisrrigsn and Mann. See Resolution No. 32 C0~fidUNICATIONS No. 56 - Social Planning Council of MisSare Palls - Re: The Committee on the Physically Disabled. The communication advises of the Cmnnitteess work to alleviate difficulties faced by disabled persons in their attempts to lead normal dally lives within our community. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the Committee ~n the Physically Disabled be cc-,m~nded for their work, and further that the communication be received and filed~ NOl~g: Aldermen Fern and Schisler were absent when the vote was taken on this matter. No. 57 - Council for Canadian Unity - Re: Canada Week, The communication .requests that the week of June 25th -. July let, 19?6,'be proclaimed as Canada Week. ~RDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, -3- that the request be approved, and the week of June 25th - July 1st, 1976, be proclaimed as Canada Week. NOTE: Aldermen Fern and Schisler were absent when the vote was taken on this matter. No. 58 - Bureau of Municipal Research - Re: Membership in the Bureau of Municipal Research. The c~mnunication requests the municipality to consider membership in the Bureau of Municipal Research. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the connnunication be.received and filed. NOTE: Aldermen Fera and Schisler were absent when the vote was taken on this matter. No. 59 - Canadian Symposium on Pets & Society - Re: An Emerging Municipal Issue. The communication requests representation from the City at the Canadian Symposium on Pets & Society to be held in Toronto on June 23, 24 and 25, 1976. ORDERED on the motion of Alderman Mann, seconded by Alderman Puttick, that Aldermen Stewart and Thomson be authorized to attend the Canadian Symposium on Pets & Society. The motion Carried with Aldermen Michael and Schisler voting contrary, and nil others in favour. REPORTS No. 184 - Planning & Development Committee - Re: Official plan Amendment No. 81, AM-4/76, D. D'Addio, East Side of Drummond Road. The Committee reconnends that Council adopt Official Plan Amendment No. 81 by by-law. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the reconnendation of the Planning & Development Committee be adopted. See By-laws 76-75 and 76-71 No. 185 - City Manager - Re: The Community Recreation Centrag Act, 1974. The report reconlnends that C6uncil designate by by-law the Community Resources Centre at 5017 Victoria Avenue and the Recreation Commission building at 7565 Lundy's Lane, as Community Recreation Centrag. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received and adopted. No. 186 - City Manager - Re: Expropriation of 4539 and.4541 Erie Avenue for the Greater Niagara Transit Commission. The report recommends that the by-law to ~uthorize an application for approval to expropriate the lands at 4539 and 4541 Erie Avenue for the purpose of the public transportation system operated by the Greater Niagara Transit Commission,_~e given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the r~port be received and adopted. See By. law No. 76-76 No. 187 - City Manager - Re: Parking on Casey Street. The report recommends that parking be prohibited at all times from the northwesterly side of Casey Street from Dorchester Road to President Drive. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. No. 188 - City Manager - Re: Parking on Walnut Street. The report recommends that parking be prohibited at all times from the southwesterly side of Walnut Street from Victoria Avenue to Kitchener Street. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. The motion Carried with Alderman Smeaton vetinS contrary and all others in fayour. No. 189 - City Manager - Re: Site Plan Approvals. The report recommends that the site plans for the follo~ing developments be spproved: 1) Proposed 55 Unit Towshouse Development Jubilee Drive; 2) Proposed Apartment Addition - Bonville Apartments on Portage Road; 3) Proposed 33 Unit Apartment Building - Swayze Drive. ORDERED on the motion of Alderman Thomson~ seconded by Alderman Stewart, that the report be received and adopted. No. 190 - City Mane r - Re: Proposed Plan of Subdivision, Capri Motor Inns (Toronto) Inc., AM.~6, "Hayman Subdivision". 'The report recommends preliminary -4- approval subject to seven conditions, and further that Council certify by resolution thst the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report be received and adopted. See Resolution No. 33 No. 191 - City Manager - Re: City of Niagara Falls Board of Museums. The report advises that Mrs. R. Chambers will be unable to serve on the Niagara Falls Board of Museums, and recommends that Mrs. J. Marshall be appointed as a member. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. See By-law No. 76-78 No. 192 - City Manager - Re: Kalar Rood Pumping Stotion. The report provides an explanation of the emergency flooding conditions thor necessitoted the pumping of diluted sewage into Shriner's Creek in order to prevent damage to the Kalar Road Pumping Stotion. Alderman Puttick advised that he had requested this report so that the information would be on record, and could be used by anybody at the Ontario Municipol Boord heoring commencing on April 12, 1976. The Director of Municipol Works provided odditional informlation in response to questions raised by Alderman Smeaton. Mr. P. Crandoni expressed his concern thor raw sewoge had been pumped into Shriner's Creek, when the pumping station was supposed to have a fail-safe system. Mr. Grandoni also referred to a time several years ago when livestock drank from the Creek and the rural children used it for sw{mming.and stated that the Creek smalls now. Following further discuss ion, it was moved by Alderman Puttick, seconded by Alderman Michael, that the report be received and filed. The motion Carried .unanimously. No. 193 - City Manager - Re: Harriman Avenue Local Improvement Road Construction and Prior Crescent Local Improvementf'StormSewer. The report recommends that the Harriman Avenue local improvement road work and the Prior Crescent local improvement storm sewer be added to Contract L.I. 28-75, and that the unit prices submitted by the contractor for these additional works be accepted, all subject to O.M.B. approval. The City Clerk.advised that the Ontario Municipal Board has spproved the Prior Crescent storm sewer as of the meeting date. ORDERED on the motion of Alderman Mann, seconded by Aldernmn Fare, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary and all others in fayour. See Resqlution No. 34 No. 194 - City Manager - Re: Proposed 1976 Local Improvement pr98ram. The report recommends that Council approve the proposed 1976 Local Improvement Program, and further that the City Solicitor be instructed to prepare the construction by-law to permit the necessary advertising under the Local Improvement Act and subsequent submission of the by-law to the Ontario Municipal Board for their approval. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chee'sman, that the report be received and adopted." No. 195 - City Manager ~ Re: Development Plan Approval Kings Inn Motel. The report advises that the development plan for the proposed construction of e swimming pool east of the existing Kings Inn Motel is posted in the Council Chambers and requires qpproval of Council. The by-law authorizing the development agreement also requires approval of Council. ORDBRED on the motion qf Alderman Thomson, seconded by Aldermen Fete, that the report be received and the sits plan approved. See By-law No. 76-80 No. 196 - City Manager - Re: Municipal Accounts. Recommending pelnnent of municipal accounts, .ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fare, that the reportbe received and adopted. No, 197 - City Manager - Re: 1976 Water Supply System and Parking Fund Budget. The report advises that both budSets Sanerate their 'income from the sale of a produc~ or service slid do not receive funding from taxation. It is rec~nded - 5 - that the 1976 Water Supply System and Parking Fund Budgets be adopted by Council. :. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Smeaton, that the report be received and the Budgets adopted. RESOLUTIONS No. 32 - SMEATON - STEWART - RESOLVED that the Council of~the Corporation of the City of Niagara Falls hereby certify that the application of D.A. Mersich for the rezoning of Lots 1 to 11, Plan 10, Part Range 54, Plan 653, situated on the east side of Stanley Avenue through to Buchanan Avenue, and the north side of Robinson Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Hous ing; AND the Seal of the Corporation be hereto affixed. Carried with the following vote: AVE: Aldermen Crows, Fete, Michael, Puttick, Schisler, Smeaton, Stewart, Thomson and Chessman. NAYE: Aldermen Harrigan and Mann. No. 33 - THOMSON - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Cspri Motor Inns (Toronto) Inc. for the development of approximately two acres of property located on the east side of Montrose Road, immediately west of Mount Forest Subdivision (R.P. M-29), conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 34 - MANN - FERA - RESOLVED that the unit prices submitted by Kerrio Limited for the local improvement road construction on Harriman Street, and the local improvement storm sewer construction on Prior Crescent, in the amounts of $10,380.00 and $4,340.00 respectively, be accepted; AND the Seal of the Corporation be.hereto affixed. Carried with Alderman Schisler voting contrary and all others voting in favour. No. 35 - SCHISLER - STEWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of the City of Niagara Falls to amend the zoning of property located on the east side of Willoughby Drive, conforms to Official PlanAmendment No. 30 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 36 -.DELETED BY-lAWS ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 76-75 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AN-4/76, D. D'Addio) No. 76-71 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls., as amended. (AM-4/76, D. D'Addio) No. 76-76 - A By-law to authorize an application for approval to expropriate land for the purpose of the public transportation system operated by. the Greeter Niagara Transit Commission. No. 76-77 - A By-law to authorize the execution of a license agreement with Weightmen (Chippaws) Limited. No, 76-78 - A By-law to amend By-law No. 76-75, being sn amendment to By-law No, 73-23, in respect to the City of Niagara Fells Board of Museums. No. 76,-,7~ - A By-law to provide monies for general purposes. No. 76-80 - A By-law to authorize the execution of a development agreement with Charles Zarafonitis and Nellie Zarafonitie. ................................................................... Carried Unsnimousl~ -6 - ORDERED on the motion of Alderman Fern, seconded by Alderman Stewart, that the following by-laws be now read a second and third time: No. 76-75 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AM-4/76, D. D'Addio) No. 76-71 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-4/76, D. D'Addio) No. 76-76 - A By-law to authorize an application for approval to expropriate land for the purpose of the public transportation ~ystem operated by the Greater Niagara Transit Commission. No. 76-77 - A By-law to authorize the execution of a license agreement with Weightman (Chippaws) Limited. No. 76-78 - A By-law to amend By-law No. 76-75, being an amendment to By-law No. 73-23, in respect to the City of Niagara Fails Board of Museum. No. 76-79 - A By-law to provide monies for general purposes. No. ~6-80 - A By-law to authorize the execution of a development agreement with Charles Zarafonitis and Nellie Zarafonitis. Carried Unanimously NEW BUSINESS PIANNING & DEVELOPMENT COMMITTEE It was moved by Alderman Harrigan, seconded by Alderman Mann, that Council abolish the Planning & Development Connnittee. During the discussion on this question, members of Council expressed their views on the operation of the Committee, and its benefits to the City of Niagara Falls. Following considerable discussion, the motion waS. Defeated with the following vote: AYE: Alderman Marrigan. NAYE:Aldermen Crowe, Fern, Mann, Michael, Puttick~ Schisler, Smeared, Stewart, Thomson and theesmart. SALE OF HUMANE SOCIETY BUILDING Alderman Mann referred to an article appearing in the local press, advising that the Humane Society building had been sold to the owner: of Marineland & Game Farm. It was .al~oL~dvised that the Humane Society has.entered tntoi an agreement with the City, which provides that the 8o~iety- shall notify the City of any intention to dispose of the lands and premises. It was moved by Aldemnan Mann, seconded by Alderman Michael, that the matter be referred to staff for investigation and the preparation of a report. The motion Carried unanimously. TAX ASSISTANCE TO ELDERLY HOME OWNERS Alderman Puttick advised that he had requested the City Clerk to prepare a draft resolution petitionin8 the Provincial Government to amend the Ontario Tax Credit System with regard to the tax credits received under The Municipal Elderly Residents' Assistance Act. Alderman Puttick further advised .that in view of the fact of the resulting tax burden adjustment, someone eventually must pay. Although he did not wish to pursue this matter, Alderman Puttick suggested that the resolution be distributed to members of Council so that the information can be kept in mind. FGST M4&RK - CITY OF NIAGARA FALLS Alderman PuttiCk advised that the post mark in Niagara Falls, no longer identifies the City ss the '~orld's Host Famous Address". It was the ,Aldermanes feeling that since Niagara Falls was a tourist centre, the identification on the post mark served as Seed advertising. It was suggested by Alderman Puttick, that the City Manager speak to the Postmaster, and submit some type of report to Councilon the matter. TRANSPORTATION SAFETY ASSOCIATION AWARDS DINNER Alderman Smeaton advised that he had artended the annual Transportation Safety Association awards dinner st which forty-nine City employees were henshred for 'their excellent safOty records in driving City vehicles. The Aldermen had - 7- noticed that the wives of these employees were not in attendance during the banquet, but did attend later for the dance. The Alderman felt that in view of the City's excellent safety record, it would be far less expensive to have the wives attend the banquet, th~n to have to pay higher insurance premiums. It was moved by Aldermen Smeaton, seconded by Alderman Stewart, that the present practice of attendance by City employees only at the annual banquet, be reviewed prior to the next banquet. The motion Carried unanimously. HUMANE SOCIETY OPERATION Alderman Stewart provided additional comments and information in respect to the Humane Society operation. It was moved by Alderman Michael, seconded by Alderman Crowe, that the meeting adjourn. READ AND ADOPTED, HAYOR 7 tl SIXTEENTH MEETING Council Chambers April 12th, 1976 REGULAR MEETING Council met on Monday, April 12, 1976, at 7:30 p.m. for the purpose of considering genersl business. All Members of Council were present with the exception of Alderman Orr. His Worship, Mayor Bukator presided as Chairman, andsoffered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the minutes of the meeting of April 5, 1976, be adopted as printed. DEPUTATION NIAGARA FALLS FAMILY Y.M.C.A. lIE: 1976 CANADIAN MEN'S FASTBALL CHAMPIONSHIP Communication No. 60 - Niagara Falls Family Y.M.C.A. - The communication requests the City of Niagara Falls to facilitate the Y.M.C.A. in their fund raising campaign for the 1976 Canadian Men's Fastball Championship by waiving and bearing on behalf of the Y.M.C.A. any costs that might be related to the usage of Oakes Park for the event, and further that the City consider acting as host for the opening banquet for the participants and other guests of the event. Mr. George Lalicich was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Chessman. Mr. Lalictch provided additional information on the type of expenses that would be incurred for the use of 0ekes Park during the event. Mr. Lalicich further advised that the Y.M.C.A. wishes to erect a refreshment stand in the park to provide food and beverages to the public, and the Greater Niagara Baseball Association Ladies Auxiliary who presently operate the concession stand at Oakes Park would also be able to remain open. In response to several questions raised by members of Council, Mr. Lalicich and several members of staff, provided additional information. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Puttick, that the Y.M.C.A. be granted concession rights for the event~ that the City absorb any costs related to the usage of Oakes Park, and further that the request for the City to host the opening banquet be referred to the 1976 Operating Budget discussions. The motion Carried with Alderman Crows abstaining on a conflict of ~terest, and all others ~oting in fayour. UNFINISHED BUSINESS NIAGARA ;FRONTIER HUMANE SOCIETY Report No. 198 - City Manager - The report recoupends that Council not become involved in examining such items as telephone bills, gasoline bills and repair bills of the Humane Society, and it is suggested that such explanations should come directly from the Society. It is further reconmended that Council ask the Board of Directors of the Humane Society to immediately review their recent decision to prohibit unionized personnel from voting or serving on their Board of Directors, end in lieu thereof, amend their constitution to provide for conflict of interest situations. It was moved by Alderman Michael, seconded by Alderman Thomson, that Mr. W. Hunter be granted permission to address Council. Mr. Hunter responded to a number of statements made durin~ the Council meeting of April 5, 1976, when he had not been present in the Council Chambers, regarding the operation of the Niagara Frontier Hu.mee Society. Mr. Hunter felt that the press coverage of the comments~mede when he was not present, was misleading and provided clarification on some of the points raised regarding the eight applicatiens for membership on the Society. With regard to the expenditures of the Society, Mr. Hunter felt that some were questionable, and used as an example, a telephone bill that jumped from $14.00 to $305.00. Mr. A. Sheppard, solicitor for the Niagara Frontier Humane Society was ~ranted permission to address Council on the motion of Alderman Crowe, seconded -2- by Alderman Mann. Mr. Sheppard stated that he had advised Alderman Stewart to exercise caution when dealing with this matter, in view of the statements snd allegations covered in the press. He further advised that he had only been consulted several days previously, and requested a further period of time to prepare the answers to the questions raised. Following considerable discussion, it was moved by Alderman Mann, seconded by Alderman Crows, that the report be received and adopted, and copies forwarded to FAr. Hunter and the Niagara Frontier H,,m~ue Society for perusal. The motion Carried unanimously. COMMUNICATIONS No. 61 - Young Women's Christian Association - Re: Improvement of Y.W.C.A. Facilities. The communication thanks the members of Council for the allocation of funds to the building renovations program during the past three years. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the communication be received and filed. No. 62 - Regional Municipality of Niagara - Re: Niagara Road 39 (Clifton Hill) Ripley International Ltd. Proposed Tight-Rope Walk. The communication advises that the Public Works & Utilities Committee is prepared to recommend to Regional Council, approval of' the' proposed series of tight-rope walks across Clifton Hill subject to several conditions. ORDEKED on the motion of Alderman Crows, seconded by Alderman Smeaton, that the conditions imposed by the Region heapproved, and further that the City of Niagara Falls be also included as an insured party of any public liability insurance policy required in conjunction with the events. No. 63 - Niagara Promotion Association - Re: Blossom Festival, May 7-24, 1976. The communication requests approval and assistance from the City of Niagara Falls for special events to take place during the Blossom Festival. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the communication be referred to staff in order that appropriate arrangements can be made to facilitate the holding of the events. No. 64 - Canadian Federation of Mayors and Municipalities - Re: Nominations. for the Federation National Board of Directors. The communication advises that all elected officers of municipal councils who wish to submit their names for serving on the National Board of Directors must sign a Consent Form, the Council must be prepared to meet the cost of hie attendance at C.F.M.M. Board of Directors meetings and the official is rAquired to be in attendance at the Vanconver ConferenCe. ' ORDERED on the motion of Alderman Michael, seconded by Alderman Fern, that His Worship, Mayor Bukator be authorized to consent to re-nomination as a member of the Hoard of Directors and to attend the Vancouver Conference. No. 65 - Chamber of Commerce - Re: Proposed Amendments to Existing Poiicy Rec~endations. The communication requests-the comments of the municipality with respect to amendments of existing policy recom-~ndations. ORDERED on the motion of Alderman Thomson, seconded 'by Alderman Smeaton, that members of Council and staff examine the policy statements provided and forward any cerements they may have directly to the-Chamber of Commerce. REPORTS No. 199 - Planning & Development Committee - Re: AM-8/76, R. Arigenello, West Side of DessonAvenue. The Committee recommends that Council certify by resolution that the application ~onforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing, and further that the application be approved subject to residential standards presently' established in the area. ORDERED on the mo'tion of Alderman Mann, seconded by Alderman Chessmen', that the recommendations of the Planning &Development Committee be adopted. See Resolution No. 3 See By-law No. 76-8~ No. 200 - Planning & Development C~Attee - Re: Planning & Development C~a~Attee Rec~,,~endations. The report provides statistics on the nu-~er of recommendations by thg PlenninB & Development Cmnittee gtt~ing 1975 that were adopted by Council, and those not adopted. ORDERED on the motion of Alderman Michael, seconded by Alderman ~chtsler,' that the report be received and filed. - 3 - No. 201 - City Manager - Re: Development Plan Approval - Kings Inn Motel. The report advises that the property owners have now decided to postpone the construction of the pool, and intend to construct the pool in conjunction with the construction of additional motel units at the close of the current season. It is recommended that By-law 76-80 authorizing the execution of the development agreement be repealed, and that a new development plan and agreement be re-submitted once the owners' plans for construction have been finalized. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. No. 202 - City Clerk - Re: AM-35/75, Restricted Area By-law 76-33, Power Glen Investments Ltd. The report advises that as a result of circulating the By-law, Notice of Application and explanatory note to all owners of property within 400 feet of the subject parcel of land, eight letters of objection were received. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received, and the objections forwarded to the Ontario Municipal Board. No. 203 - City Clerk - Re: Industrial Zoning east of Willoughby Drive, Restricted Area By-law 76-57. The report advises that as a result of circula- ting the By-law, Notice of Application and explanatory note to all owners of property within 400 feet of the subject parcel of land, two letters of objection were received along with one letter and a petition bearing thirty-six signatures in favour of the proposal. ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that the report be received, and the objections, letter in favour and petition be forwarded to the Ontario Municipal Board. No. 204 - City Manager - Re: Ontario Home Renewal Program. The report recommends that Council approve the resolution which authorizes an application to the Ministry of Housing for the purpose of making loans under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Crows, seconded by Alderman Fera, that the report be received and adopted. See Resolution No. 38 No. 205 - City Manager ~ Re: Highway ~420 Signing. The report recommends that the resolution petitioning the Ministry of Transportation & Communications with respect to Highway ~420 Signing to the Falls be approved, that the resolution be forwarded to the Region for endorsement, and that the Niagara Parks Commission be requested to approve the wording "The Falls" as the -message to appear on route markers to this major tourist attraction. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the report be received and adopted. See Resolution No. 39 No. 20~ - City Manager - Re: Asbestos Concentration in City Water. The report advises of a report obtained from the Ministry of Environment which shows that the concentration of asbestos is less than the detection limit in both the raw and treated water in the City of. Niagara Falls. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and filed. No. 207 - City Manager - Re: Conferences and Workshops, 1976. The report presents. a list of conferences and workshops of interest to the municipality during 1976 along with recommended attendance for the consideration of Council. Several. members of Council advised. that they preferred rodeel with each conference or workshop individually rather than as a group. It was moved by Aldermen Smeaton, seconded by Alderman Michael, that a 11 conferences and workshops be dealt with on an individual has is, and further that. the report be received and filed. The motion Carried unanimously~ No. 208 - City Manager - Re: Proposed 1976 Asphalt Overlay Program. The report recommends that the proposed 1976 Asphalt Overlay Program be approved and that an allocation in the amount of $47,600 be provided in the 1976 Operating Budget; and further that the Director of Municipal Works be authorized to proceed with the tender call for this year's asphalt overlay program on the understanding that no contract be awarded until the 1976 Operating Budget is approved by Council. NOTE: Alderman Crowe was absent when the vote was taken on this mmtter. -4- - 5 - No. 209 - City Manager - Re: Proposed 1976 Sidewalk Repair Program. The report recommends that the proposed 1976 Sidewalk Repair Program be approved and that an allocation in the amount of $73,700 be provided in the 1976 Operating Budget, and further that the Director of Municipal Works be authorized to proceed with the tender call for this year's Sidewalk Repair Program on the understanding that no contract is to be awarded until the 1976 Operating Budget is approved by City Council. The Director of Municipal Works provided additional information in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. No. 210 - City Manager - Re: Klydel Holdings Inc. "Valley Way West Subdivision".!! The report recommends preliminary approval of the proposed plan of subdivision subject to six conditions. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crowe, that the report be received and adopted. See Resolution No. ! No. 211 - City Manager - Re: Elimination of City Postmark. The report recommends that the resolution petitioning the Postmaster General of Canada to permit the continued use of a postmark containing the City's name be approved, and further that the resolution be submitted iumediately to the Noncurable Bryce Mackasey, and that a copy of the request be sent to Roger Young, M.P. for his support. Alderman Puttick advised that he had received several letters from as far away as British Columbia in support of Council's action on the retention of the Niagara Falls postmark. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann, that the report be.received and adopted. See Resolution No. ~ No. 212 - City Manager - Re: Building Permits. Breakdown of permits issued by the Building & Development Department for the month of March, 1976. ORDERED on the motion of Alderman Michael, seconded by Alderman Crowe, that the report be received and filed. No. 212 - City Manager - Re: Municipal Accounts. Rec~nding payment of municipal accounts. In response to a question raised by Alderman Puttick~ the City Manager provided an explanation of Cheques ~2858 and #2873. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that -the report be received and adopted. No. 213 - City Manager - Re: Spring Rubbish Collection. The report reckends that the Spring Rubbish Cnmpaign commence on May 3, 1976, and the campaign be limited to one collection on each route, and further that the date 'and procedure be advertised in the local newspaper. ORDERED on the motion of Alderman Smeston, seconded by Alderman gchisler, that the report be received and adopted, RESOLUTIONS No. 37 - MANN - CREESMaN - RESOLVED that the Council of the Corporation of the City of Niagara Palls hereby certify that the application of R. Ariganello for the rezoning of Part Lots 763 and 764, Registered Plan 2628, situated on the west side of Desnon Avenue, conforms to Official Plan Amendment. No, 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be heretoaffixed, Carried Unanimously No. 38 - MANN - STgWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorize the. City Clerk to apply to the Ministry of Housing for a provincial grant in the smount of $200,340.00 for the fiscal year of 1976 to 1977 for the purpose of making loans to owners of real property used for residential purposes to assist in the repair, rehabilitation and in~rovement of dwelling units pursusnt to The Housin~ Development Act end the reauletions and subject to the limitation thereof; AND FURTRER that the City Clerk is hereby authorized to apply for en eccountable~! advance of $100,170.00 and the Corporation aarees to account for this amount and apply for further payments through the submission of quarter yearly activity reports; ANDBE IT FURTHER RESOLVED that the Corporation of the City of Niagara Falls hereby agrees to comply with the Housing Development Act and the regulations thereunder in the administration of the Ontario Home Renewal Program; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 39 - THOMSON - CHEESMAN - RESOLVED THAT WHEREAS the Falls of Niagara is a major tourist attraction; AND WHEREAS Highway 420 is a Provincial Highway carrying large volumes of tourist traffic from the Queen Elizabeth Way to the Falls; AND WHEREAS more than one route from Highway 420 is required, and has been used to carry these large volumes to available parking areas; AND WHEREAS standard guide signing along these routes to the Falls is no longer in place; BE IT THEREFORE RESOLVED that the Ministry of Transportation and Communications be petitioned to: 1) Erect signing showing Stanley Avenue southbound as an alternate route to "The Falls" from Highway 420; 2) With the existing advance guide s igning on Highway 420 eastbound between Portage Road and Stanley Avenue remaining in its present sequence with the alternate route sign erected approximately five hundred feet in advance of Stanley Avenue; 3) And to use "The Falls" as the wording on maJor tourist attraction standard advance signing on the Queen Elizabeth Way interchange with Highway 420 as well as on standard route markers. AND FURTHER that the Regional Municipality of Niagara be requested to endorse this resolution; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 40 - CHEESMaN - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls requests the Regional Municipality of Niagara to assume the pumping station and forcemain required for the Valley Way West Subdivision (Dept. File: 26T-76012); AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 41 - CHEESMAN - STEWART - RESOLVED that the next Regular Meeting of City Council be held on Tuesday, April 20th, 1976, in the Council Chambers, ~ommencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 42 - PUTTICK - CHEESMAN - RESOLVED THAT WHEREAS the City of Niagara Falls has bean notified that the cancellation stamp used by local postal authorities in the cancelling of mail has been changed to provide that the nsme of the City of Niagara Falls will be deleted and Postal Code L2E 2L0 inserted in lieu thereof; ~' AND WHEREAS the use of the City's name in the cancellation process is instrumental in promoting the City of Niagara Falls as a world renowned tourist centre; AND WHEREAS there does not appear to be any serious difficulty as a result of the continuing use of the City~s name as part of the cancellation process; rl~REFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls petition the Honourable Bryce Mackasey, Postmaster General of Canada to permit the Niagara Falls Post Office to continue the use of a postmark containing the City's name; AND FURTHER BE IT RESOLVED that a copy of this resolution be sent to Mr. Roger Young, M.F. for his support; ANN the Seal of the Corporation be hereto affixed. Carried Unanimously BY-lAWS ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that By-law No. 76-10 be now read athird and final time: No. 76-10 - A By-law to authorize the construction of a storm sewer on Prior Crescent as a local improvement? .. Carried with Alderman Schisler voting contrary and all others including His Worship Mayor Bukstor yoting in fsvpuF.. -6- ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 76-81 No. 76-82 No. 76-83- A By-law to authorize a grant of right-of-way to Irving Milchberg and Renee Milchberg. A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended..(AM-8/76, R. Ariganello) A By-law to authorize a licence agreement with Ontario Hydro. No. 76-84 - 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 C~unications for the Province of Ontario. No. 76-85 - A By-law to amend By-law No. 3790, being a By-law for the regulation of traffic. (No Parking - Casey and Walnut Streets) No. 76-86 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Aldermen Crowe, that the following by-laws be now read a second and third time: No. 76-81 - A By-law to authorize a grant of right-of-way to Irving Milchberg and Renee Milchberg. No. 76-82 A By-law to amend By-law No. 2350, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-8/76, R. Ariganello) No. 76-83 - A By-law to authorize a licence agreement with Ontario Hydro. No. 76-84 - No. 76-85- 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 Counaunications for the Province of Ontario. A By-law to amend By-law No. 3790, being a By-law for the regulation of traffic. (No Parking - Casey and Walnut Streets) No. 76-8.6 - A By-law to provide monies for general purposes. Carried Unantmoualy SPRING RUBBISH COLLECTION The Maintenance & Operations Engineer advised that a request has been received from the Ability Centre in Welland for the City'to incorporate a mention of the tentress facilities in the Cityfs advertising for the clean-up. It was further advised that the Ability Centre would be mainly interested in the donation of old clothes, small and large appliances, etc. to create work for-their people. It was moved by Aldermen Thomson, secovAed by Alderman Stewart,. that the request of the Ability Centre to have mention made of their facilities,in the City's advertisement for the Spring Rubbish Collection, be approved. The motion Carried unanimously. MILF~GE BXPEN~ES FOR CONF~P~N~ES AND COURSES Alderman Puttick suggested that the City Manager prepare a report instructing employees travelling to conferences and courses to use the least expensive fOrm of transportation available when the mileage exceeds one hundred miles. T~ ASSISTANCE TO ELDERLY H(I~E MRS Alderman Puttick referred to his recent suggestion on the $75.00 rebate given by the City to elderly home owners in con]unction with the tax credits given by the Province, and advised that he wee pleased such a spontaneous outburst of oriticism on the topic. - 7 - It was moved by Alderman Crowe, seconded by Alderman Thomson, that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, MAYOR Committee Room #1 April 12th, 1976 Council met in Committee of the Whole on Monday, April 12, 1976, following a regular meeting of Council. All Members of Council were present with the exception of Alderman Orr. Alderman Crowe presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. . ~a, READ AND ADOPTED, MAYOR Council Chambers April 12th, 1976 Council reconvened in open session following a meeting of the Co~waittee of the Whole. All Members of Council were present with the exception of Aldermen Orr. His Worship, Mayor Bukator presided as Chairmen. The meeting adjourned. READ AND ADOPTED, SEVENTEENTH MEETING Connnittee Room ~1 April 20, 1976 Council met in Committee of the Whole at 7:00 p.m. on Tuesday, April 20, 1976· All Members of Council were present with the exception of Aldermen Mann, Michael, Smeaton and Thomson. Alderman Cheesman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR Council Chambers April 20, 1976 Council met on Tuesday, April 20, 1976 at 7:30 p.m. for the purpose of considering general business· All Members of Council were present with the exception of Aldermen Smeaton and Thomson. His Worship, Mayor Bukator presided as Chairman, and offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick requested that the section of the motion relating to the granting of concession rights to the Y.M.C.A. at Oakes Park during the 1976 Canadian Man's Fastball Championship (Comm. No. 60) be reconsidered during the discussion of the communication from the Ladies Auxiliary of the Greater Niagara Baseball Association. ORDERED on the motion of Alderman Chessman, seconded by Alderman Stewart, that the minutes of April 12, 1976 be sdopted subject to reconsideration of the granting of concession right~ to the Y,M.G.A.,during the 1976 Canadian Men{s Fastball Championship. REPORT No. 214 - His Worship, Mayor Bukator - Re: MaJ or Junior '~" Hockey Team. The report advises that the Major Junior ~" hockey team presently in St. Catharines will operate from the Niagara Falls Memorial Arena and will be known as the "Niagara Falls Flyera". It is recommended that the report be received and filed, and that the City be authorized to enter into an agreement with the Flyers Hockey Associationt Limited. ORDERED on the motion of Alderman Fern, seconded by Alderman Harrigan, tb~t the report be received and filed, and further that the City be authorized to enter into an agreement with the Flyera Hockey Association. The motion Csrried with Alderman Michael voting contrary, and all others in fayour. UNFINISHED BUSINESS MOSQUITO SPRAYING - VIRAL ENCEPHALITIS Report No. 215 - City Manager - The report recommends that City personnel be authorized to take action on abatement of mosquitos on private properties in accordance with all conditions of the Public Health Act, on the proviso that the officer of the Department of Health, who instructs the municipality to act, provides evidence satisfactory to staff that the obligations under the Act have been fulfilled. The Director of Municipal Works provided additional information in response to a number of questions raised by members of Council. Following further discussion, it was moved by Alderman HarriSan, seconded by Aldermen Chessmen, that the report be received and adopted. The motion Carried unanimously, HOUCK PARd GAS SURVEY Report No. 215A- City HansSet - The report rac~m~uends I) That a building permit for developin2 the property east of Houck Perk, be conditional upon proper ventilation of the structure during construction; 2) That the permit - 2 - should provide for construction of the trench to be located, designed and sealed and constructed by the City in accordance with recommendations by our consultant. An easement, if necessary to accommodate the trench for all times, should be given to the City free of charge; 3) That the probes in which sufficient gas for ignition could accumulate, be sealed while the park is being used by the public during the summer. It is requested that Council make a decision on whether the City or developer will assume the cQst of constructing the trench. · ORDERED on the motion of Alderman Puttick, seconded by Alderman Michael, that the reconunendations in the report be adopted, subject to advice from the City Solicitor on whether the City or .the developer of the land adjacent to Houck Park shall pay for construction and sealing of the trench, if required to protect the private property while the building is being erected. COMMUNICATIONS No. 66 - Mrs. Lucille Hilston - Re: Pops on Ice Show. The communication advises that the theme "Happy Birthday U.S.A." (written by Mrs. Hilston) will be played at the Pops on Ice show in Amherst, New York on April 24, 1976. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that Mrs. Hilston be thanked for bringing this function to the attention of Council, and further that the communication be received and filed. No. 67 - City of Niagara Falls, New York - Re: SST Concords Supersonic Transport. The communication advises that prospects of the intense use of these airplanes Bt the Niagara Falls, New York airport facilities are dimmed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Stewart, that the communication be received and filed. No. 68 - Greater Niagara Big Sister Association - Re: Big Sister Week. The communication requests authorization to have the week of June 20, 1976, proclaimed as Big Sister Week. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the communication be received, and the request granted subject to the ee~ab.ltahed policy for proclamations. No. 69 - Regional Municipality of Niagara - Re: 1976 Water Rates. The communication advises of the 1976 Water Rates for'water supplied by the Region to Area Municipalities. Alderman Puttick requested additional information on the administration costs included in the water rates. ORDERED on the motion of Alderman Puttick, seconded by Alderman Crows, that the communication be tabled and information obtained on the administration costs included in the rates charged for water supplied to Area Municipalities by the Regional Municipality of Niagara. The motion Carried with Alderman Chessman voting contrary, and all others voting in fayour. No. 70 - Regional Municipality of Niagara - Re: 1976 Sewage Rates. The communication advises of the 1976 Sewage Rates for sewage received from the Area Municipalities by the Region. Alderman Puttick also requested information on the administration costs included in the sewage rates. ORDERED on the motion of Alderman Puttick, seconded by Alderman Crows, that the communication be tabled and information obtained on the administration ~osts included in the rates charged for sewage received fromArea Municipalities by the Regional Municipality of Niagara. No. 71.- Mr, J. Saddler - Ra: Rear Yard Drainage Problem, Parkdale Street. The communication provides a history of the rear yard drainage problem since the purchase of 7184 Parkdale Street by Mr. Saddler. The residents do not · feel that they are responsible for causing the problem, and requests Council 'to decide whose responsibility it is to remedy the situation. NOTE| Alderman Mann arrived at the meeting, Mr. J. Saddler was 8ranted permission to address Council on the motion of Alderman 0rr, seconded by Alderman Fare. Mr. Saddler advised that the ream yard drainage problem had existed from the day his family had moved into the house. During the winter, the family pet had fallen through the ice and was - 3 - drowned. Mr. Saddler expressed concern that the young neighbourhood children could also drown if the water problem was not rectified. In response to questions raised by members of Council, Mr. Saddler provided additional information. Daring the discussion on this matter, the Director of Municipal Works provided additional information on the history of the problem. Following considerable discussion, it was moved by Alderman Crows, seconded by Alderman theeamen, that the matter be referred to staff for a complete report. The motion Carried with the following vote: AYE: Aldermen Crows, Fern, Hattitan, Mann, Michael, Schisler, Stewart and Chessman. NAYE: Aldermen Orr and Puttick. No. 72 - Greater Niagara Baseball Association, Ladies Auxiliary - Re: Concession Rights. The communication requests permission to address Council regarding the matter of concession rights. Mrs. N. Sadlet was granted permiss ion to address Council on the motion of Alderman Mann, seconded by Alderman Fern. Mrs. Sadler provided a his tory of her organization's problemsregarding the concession rights for Oakes:Park. She advised that sn agreement has been prepared granting concession rights to her Association, but has not as yet been executed. The main concern of the organization, was the fact that Council had granted concession rights to the Y.M.C.A. during the 1976 Canadian Men's Fastball Championship to be held at Oakes Park. Mrs. Sadlet assured Council that her organization did not wish to prevent any group from operating concessions at the Park, but felt that any arrangements for concessions should be made through the Ladies Auxiliary. It was moved by Alderman Puttick, seconded by Alderman Mann, that the matter of granting concession rights to the Y.M.C.A. during the 1976 Canadian Men's Fas tball Championship to be held at Oakes Park, and the decision made at the Council meeting of April 12, 1976, be now reconsidered. The motion Carried unanimously. During the discussion on this matter, Mrs. Sadlet answered a number of questions raised by members of Council. Following further discussion, it was moved by Alderman Chessman, seconded by Alderman Crows, that Mr. A. Henderson, a representative of the Y.M.C.A., be-granted permission to address Council. Mr. Henderson advised that it was his understanding that the Ladies Auxiliary held the concession rights at the park during the year, but that in the case of special events, permission would be obtained from Council to operate additional concessions. It was further advised that since this matter had been clarified, representatives of the Y.M.C.A. would be willing to meet with the Ladies Auxiliary, snd answe~ any questions relating to the upcoming tournament. Following considerable discussion, it was moved by Alderman Puttick, seconded by Alderman Mann, that the-suggested agreement between the Ladies Auxiliary of the Greater Niagara Baseball Association, and the City regarding the operation of concessions at Oakes Park be consumated in order~o allow the Auxiliary, as current licensee of the concession, to negotiate directly with the Y.M.C.A. relating to the operation of additional concessions during the Canadian Men's Fastball Championship, and further that the action taken by Council at the meeting of April 12, 1976, regarding the granting of concesston~tghts at Oakes Park be rescinded. The motion Carried unanimously. NOTE: Alderman Crows was absent when the vote was taken on this matter. REPORTS No. 216,- Planning &Development Committee - Re: AM-11/76, Dose Bros. Framing. The Committee recommends that the application be denied. The City Clerk advised that the solicitor for the applicants had requested that the report be tabled. ORDERED on the motion of Alderman Crowe~ seconded by Alderman Mann, that the report be tabled. NOTE: Alderman Puttick was absent when .the vote was taken on this matter. No. 216~- Recreation CommissiOn - Re: Experience '76 Proposals. The report provides a summary of the Camnission's elforbs to acquire additional staff for the Recreation Commission~s summer program, and to encourage other recreation -4- related organizations to take advantage of funding programs. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the report be received and filed. No. 217 - Recreation Commission - Re: 19~6 Park and School Reservations. The report recommends that the reservations for City parks be assigned as contains in the schedules and that official permits be used. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the recommendations of the Recreation Commission be adopted. No. 218 - Recreation Commission - Re: Seventeenth Annual Achievement Awards Recognition of Champions. The report requests that Council hold the Annual Achievement Awards evening at N.F.C.V.I. on Thursday, May 27, 1976, and further that the Recreation Commission be given all of the responsibility for the arrangements. ORDERED on the motion of Alderman Schisler, seconded by Alderman. Fern, that the report be received, and the requests approved. No. 219 - City Manager - Re: L. Martin, "Black Subdivision". The report recommends preliminary approval subject to ~hree conditions. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the report be received and adopted. No. 220 - City 1.~nager - Re: a~nistry of. Enviromnent Allocation for Residentis Development. The report recommends that the Council again request the Regional Municipality of Niagara to expedite the enlargement of the sewage treatment facilities at the Stanley Avenue plant as quickly as possible, and further that until a ~efinite commitment is received, probably in the form of the awarding of a contract for expansion of plant facilities, that all future subdivisions, with the exception of those considered to be infilling and having in total less than 148 single-family equivalent lots in reserve, receive approval subject to the extension of the existing sewage treatment facilities. The City Manager and City Clerk provided additional information in response to questions raised by Alderman Puttick. ORDERED on the motion of Alderman Crows, seconded by Alderman Stewart, that the report he received and adopted.. No. 221 - City Manager - Re: N.P.H.B. Land Developments Ltd., Ascot Woods Extension II Subdivision. The report recommends preliminary approval of the proposed plan subject to ten conditions, and further that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area and Official PlanAmendment No, 61 as appro~ed by the Minister of Nonsin~. It was moved by Alderman Mann, seconded by Alderman Orr, that Mr. P. Manr! solicitor for the objectors, be granted permission to address Council. Mr. Mann advised that he represented a number of companies located in the industrial zone in the Mantrams-Kent area, as well as several companies lonat~ in the south end of the subdivision. These industrial firm are objecting to the proposed subdivision for the following reasons: 1) Heavy traffic on Montr, Road created by the subdivision; 2) Many of the industrial firms have expsnsi~ plans for existing facilities, and several have purchased land to do so; and The noise and pollution presently created in the area by industry could resul{ in complaints and lawsuits. Mr. Mann advised that his clients. would not object to the development if the following conditions were imposed: 1) Plaeec a buffer zone between the industrial zone and proposed subdivision ashslating commercial development along the full length of Mantrams Road; 2) That any proposed commercial development should have a minimum height of 2 stareye or 18'; 3) The entrance to Mantrams Road known as Ascot Gate be telscared complel because its present position will create increased traffic congestion. It was suggested that it be relateted to the proposed extension of Morrison 8treat; 4) That two storey multiple dwelling houses be constructed behind the 500' zone (commercial). Mr. Mann answered a number of quest.ions raised by members - of Council. Mr. J. Long spoke on behalf of the applicants, in.reply to the points raised by Mr. Mann. With regard to pollution, Mr. Long advised that the gresl pollutant in the eras was the Q.E.W, In any areas, light industrial is used ee · shield between a residential area end highway noise. Hr. Long stated that the suggested commercial area buffer would create much more traffic and noise than the existing industrial uses. The aceess by Ascot Gate was established between the City end the ReStart and was given this location for an intersectTon with Nontrams Road because of the proposed future extension -5 - of Highway ~420 and the Morrison Street extension. With regard to a buffering zone, the applicants would not object to the provision of a landscaping berm. Mr. Long answered additional questions raised by members of Council. Members of staff also provided additional information on the proposal. Following considerable discussion, it was moved by Alderman Puttick, seconded by Alderman Fern, that the report be received and adopted, subject to the provision of s landscaping berm along Montrose Road. The motion Carried with Alderman Schisler voting contrary, and all others in favour. NOTE: Alderman Crowe abstained from voting on this matter on a conflict of interest. See Resolution No. 43 No. 222 - City Manager - Re: J. Moreira, "Moretin Estates". The report advises that the Planning & Development Cormnittee has recommended that the application be approved subject to the maximum number of units being 560, providing Phase I building not exceed 150 units, to be zoned to proceed immediately subject to services being made available and the balance of the land to be zoned in a holding category which will require further amendment to the zoning by-law, the intent being to develop a mixed project containing town houses and apartments. Thirteen conditions would apply to the development as recommended by the Con~nittee. It is recommended that Council certify by resolution that the application of J. Moretin conforms to Official Plan~/nendmant No. 28 of the Niagara Falls Planning Area, as amended and approved ~y the Minister of Housing. Initially, Mr. Moreira proposed to develop the project in 2 phases, end has no~ indicated that he wishes to proceed with the entire project when all necessary services are available. The Planning Director advised that Council could adopt the report subject to development control, or adopt the report in its present form and deal with the second phase zoning at a later date. Mr. W. Waiters, representing Namgood Comtruction, expressed his concern regarding the density proposed in the development. Mr. G. Ungaro, solicitor for the applicant, advised that Mr. Moretie wished to proceed with the entire development once services became available. The first phase would require an expenditure of $20,000 to handle storm drainage, and the second phase an additional $80,000 for a sewer. Mr. Moretin felt it would be less expensive for him to develop the entire plan requiring only the expenditure for the sewer. Members of Council discussed the matter in view of the developer's desire to ~oceed with the entire development once services are available. The City Clerk stated that the conditions attached to the overall development should be reviewed in order that they would reflect the total project as opposed to the phasing of the development as covered bFthe report before Council. FOllowing further discussion, it was moved by Alderman Harrigan, seconded by Alderman 0rr, that the entire plan be approved subject to development control, the provision of the required services, and the imposition of any further conditions which are relevant to the overall development of the scheme as opposed to the staging proposed in Report No. 222. The motion Carried with the following vote: AYE: Aidemen Crows, Fern, Harrigan, Michael, Orr, and Chessman. NAYE: Aldermen Mann~ Puttick, Schisler and Stewart.. See Resolution No. 44 No. 223 - City Manager - Re: Ontario Municipal Administrators' Association Annual Conference. The report requests approval for the City Manager to represent the City of Niagara Falls at the annnal conference of the Ontario Municipal Administrat9rs' Association to be held in Toronto on May 6 and 7, 1976. Ma;nbersof Council discussed the attendance-of the City ManeSet at this conference, as well as the question of attendance at conferences in general. After considerable debate, it was moved by Alderman Puttick, seconded by Alderman Michael, that the report be received and filed, and the request denied. The motion was Defeated with the followinS ~ote: ~.Y~: Alderman Puttick. NAYE:Aldemen Crows, Fera, I Harrigan, Mann, Micheel~ Orr, Schisler~ Stewart anda Chessman. It was 'then moved by Alderman Mann, seconded by Aldermen Orr, that the City Msnsger be authorized to attend the Ontario Municipal Administrator's -6- Association Annual Conference in Toronto on May 6 and 7, 1976. The motion Carried with Aldermen Puttick voting contrary, and all others in fayour. It was moved by Alderman Puttick, seconded by Alderman Stewart, that Council continue with the Order of Business, past the 11:00 curfew. The motion Carried unanimously. No. 224 - City Manager - Re: Pollution Control Association of Ontario Annual Convention. The report reconmends that one member of Council and one member of the Engineering staff be authorized to sitend the Pollution Control Association of Ontario Annual Convention in Ottawa fromApril 26 - 28, 1976. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that one member of the Engineering staff be authorized to attend the Pollution Control Association of Ontario Annual Convention. The motion Carried with the following vote: AYE: Aldermen Crows, Fern, Harrigan, Mann, 0rr, Puttick, and Schisler. NAYE: Aldermen Michael and Stewart. NOTE: Alderman Chessmen was absent when the vote was taken on this matter. No. 225 - City Manager - Re: 1976 Joint Meeting of the Ontario. Section, American Water Works Association and the Ontario Municipal Water Association Conference. The report recommends that one member of Council and two members of the Engineering staff be authorized-to attend the subJect':conference in Sudbury from May 9 - 12, 1976. In response to a question raised by Alderman Puttick, the Director of Municipal Works explained the City's involvement in water works.as opposed to the Region's involvement. It was moved by AIderman Michael, seconded by Alderman Fera, that one member of the Engineering staff be authorized to attend the Joint Meeting of the Ontario Section, American Water Works Association and the Ontario Municipal Water Association Conference in Sudbury from May 9 - 12, 1976. The motion was Defeated with the following vote: AYE: Aldermen Crowe, MatriCes, Mann, Orr, Puttick, Schisler, Stewart and Cheesmen. ~ NAYE: Aldermen Fern and Michael. It was then moved by Aldermen MarriSen, seconded by Aldermen theeamen, that two members of the Engineering staff be authorized to attend the Joint Meeting of the Ontario Section, American Water Works Association and the Ontario Hunicipal Water Association Conference in Sudbury fromMay 9 - 12, 1976. The motion Carried with the following vote: AYE: Aldermen Crowe, Harrigsn, Mann, Orr, Puttick, Schisler and Cheesmen. NAYE:Aldermen Fern, Michael and Stewart. No. 226 - City Manager - Re: Ontario'Association of Fire Chiefs. The report recum~ends that Fire Chief S.C. Thomson, Area Chief e. Somerville (Chippawn), Area Chief T. Smith (Willoughby) and Area Chief D. Stickel (Crowland), attend the annual conference of the Ontario Association of Fire Chiefs to be held in Oehawa from May 2 - 5, 1976, ORDERED on the motion of Alderwan Mann, seconded by Alderman Cheekman, that the report be received and adopted. The motion C~.~r!~.~ with the following vote: AYE: Aldermen Crowe, HarriSan, Mann, Orr, Sch~sler and Cheesman. N&YE| Aldermen Fern, Nicheel, Puttick and Stewart. No, 227 - City Manager - Re~ Development Plan Approval, Proposed Motel at Centre Street and Lewis Avenue. The report reconnends approval of the development plan as submitted. IllDEED on the motion of Alderman Chaosman, seconded by Aldermen Fern, that ~he report be received and adopted. .o. eysehoo . Th..port nds t -Is u n execution of an agreement between ~he Nia2sra Falls Hinor Hockey Association and the City regarding the operation of · summer hockey school, be 2ires the necessary readin2s. gigtoaD on the motion of Alderman Nldwel, seconded by Aidetan Orr, that the repQtt be ;#;aived nod egoprod, See By-law - 7- No. 229 - City Manager - Re: G.C. 6-76, Sewer, Water and Base Road Construction in Portage Green Subdivision. The report recommends that the low tender submitted by Provincial Construction (Niagara Falls) Limited be accepted, and that the by-law authorizing the execution of the contract be given the necessary readings. ORDERED on the motion of Aldermen Michael, seconded by Alderman Orr, that the report be received and adopted. See Resolution No. 45 See By-law No. 76-89 No. 230 - City Manager - Re: R.C. 7-76, Curb, Gutter, Sidewalk and Finished Road Construction in Ascot Woods Subdivts ion. The report recommends that the low tender submitted by Hard Rock Paving Co. Ltd., be accepted, and that the by-law authorizing the execution of the contract be given the necessary readings. ORDERED on the motion of Aldermen Michael, seconded by Alderman Orr, that the report be received and adopted. See Resolution No. 46 See By-law ~o..7~.-88 No. 231 - City Manager - Re: City Hall and Police Building Parking Lot. The report recommends that the by-law authorizing the City Manager to determine which employees will park on the lot west of City Hall, the Elizabeth Place lot and the Morrison Street lot, be given the necessary readings. . Alderman Cheesman suggested that some consideration be given to providing parking for members of Council visiting the City Hall during the day. ORDERED on the motion of Alderman Schisler, seconded by Aiderman Fern, that the report be received and adopted. See By-law No. 76-90 No. 232 - City Manager - Re: Proposed 1976 Surface Treatment Programme. The report recommends 1) that the proposed 1976 surface treatment budget be spproved and that an allocation in the amount of $146,000 be provided in the 1976 operating budget; and 2) that the Director of Municipal Works be authorized to proceed with the tender call for this year's surface treatment contract, on the understanding that no contract is to be awarded until the 1976 operating budget is approved by City Council. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann, that the report be received and adopted. No. 233 - City Manager - Re: Development Agreements. The report reconmends that the general by-law authorizing the execution of development agreements following Council's approval of the plans submitted for development, be given the necessary readings. Alderman Crowe stated that he was hesitant to pass the by-law without first kn~ing what the City's policy on development control was. He felt it would be appropriate to review the policy prior to the passing of the by-law. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the report be tabled until the City's Development Control policy is available. for Cou~cil's consideration. No. 234 - City Manager - Re: Municipal Accounts. The report recommends payment of municipal accounts. The City Manager provided an explanation on Cheques ~2995 and d3017 in response to questions raised by Aldermen Puttick and Michael. ORDERED on the motion of Aldermen Orr, seconded by Alderman Fern, that the report be received and adopted. RE S OLUT IONS No. 43 - PUTTICK - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of N.P.H.B. Land Developments Limited for the development of Township Lots 105 and 116, situated on the west side of Mostrose Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area and Official Plan Amend- ment No. 61 as approved by the Minister of Housing; AND the Seal of the Corporation be heroic affixed.. Carried with Aldermen Schisler voting contrary, Alderman Crowe abstaining on a conflict of interest and all others voting in fayour. No. 44 - HARRIGAN - 0RR - RESOLVED that the Council of the Corporation of the City ~f Niagara Falls hereby certify that the application of J. Moretin -8- for the development of Part of Township Lot 36, situated on the west side of St. Paul Avenue, conforms to Official plan Amendment No. 28 of the Niagara Falls planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried with the following vote: . AYE: Aldermen Crows, Fare, Harrigan, Michael, Orr and Chessman. NAYE: Aldermen Mann, Pnttick, Schisler and Stewart. No. 45 - MICHAEL - ORR - RESOLVED that the unit prices submitted by provincial Construction (Niagara Falls) Limited for the construction of sewermains, watermains and base roads in the Portage Green Subdivision, in the amoun~ of $278,971.20, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 46 - MICHAEL - ORR - RESOLVED that the unit prices submitted by Hard Rock Paving Company Limited for the construction of curbs, gutters, sidewalks and finished roads in the Ascot Woods Subdivision, in the amount of $143,775.50, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ., % ~ ,.' I BY-LAWS ORDERED on the motion of Alderman Orr, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws, and the by-laws be read a first time~ No. 76-87 - A By-law to repeal By-law No. 76-80, being a by-law to authorize the execution of a development agreement with Charles Zarafonitis and Nellie Zarafonitis. No. 76-88 - A By-law to authorize the execution of an agreement with Hard Rock Paving Company Limited for curb, gutter, sidewalk and finished road construction. (R.C. 7-76) No. 76-89 - A By-law to authorize the execution of an agreement with provincial Construction (Niagara Falls) Limited for the construction of sewenml watermains and base roads. (G.C. 6-76) No. 76-90 - A By-law to prohibit the parking or leaving of motor vehicles on ' property of the Corporation of the City of Nihgara Falls. (City Hall. and Police Building Parking Lots) No. 76-91 - TABLED No. 76-92 - A By-law to authorize the execution of an agreement with the Niagara Falls Minor Hockey Association. No. 76-93 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Michael, seconded by Alderman Stewart, that the following by=laws be now read a second and third time: No. 76-87 - A By-law to repeal By-law No.-76-80, being a By-law to authorize the execution of a development agreement with Charles Zarafonitis and Nellie Zarafonitis. No. 76-88 - A By-law to authorize the execution of an agreement with Bard Rock Paving Company Limited for. curb, gutter, sidewalk and finished road construction. (R.C. 7-76) No. 76-89 -.A By-law to authorize the execution of an agreement with Pr ' Construction (Niagara Falls) Limited for the construction of watermains and base roads. (G.C. 6-76) No. 76-90 - A By-law to prohibit the parking or leaving of motor vehicles on property of the Corporation of the City of Niagara Falls. (City and Police Building ~arking Lots) No. 76-9l - TABLED - 9 - No. 76-92 - A By-law to authorize the execution of an agreement with the Niagara Falls Minor Hockey Association. No. 76-93 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS MR. J. STOCKDALE, REGIONAL MUNICIPALITY OF NIAGARA His Worship, Mayor Bukator directed Council's attention to a notice included with the agenda material, inviting members of Council to a dinner to be held in honour of Mr. J. Stockdale, Director of Finance for the Region who will be resigning in the near future. The dinner will be held on Thursday evening, April 22, 1976. PRIVATE BILL - RE: SOLICITING Alderman Orr expressed concern over the City's application for a private bill regarding the matter of soliciting in the City. The Alderman felt that the suggested legislation could result in the loss of many jobs in the sun~ner months. The City Clerk did not feel the legislation would affect employment, since the bill only referred to soliciting on city road allowance and not on . private property. The private bill was simply permissive legislation, and would grant authority to pass by-laws regulating soliciting. REGIONAL URBAN AREA BOUNDARIES The City Clerk requested Council to set a date for a joint meeting between Council and the Planning & Development Committee regarding proposed changes to the Regional Urban Ares Boundaries. It was the direction of Council that one hour at the beginning of the Council meeting on April 26, 1976, be set aside for the joint meeting. NIAGARA SOUTH RECREATION COMPLEX Alderman Michael questioned the roller skating operation at the Niagara South Recreation Complex. It was the Alderman's understanding that the fee to rent roller skates and use the facility was $1.75, and it was the same price if people owned their skates. Also spacrating is not allowed. Alderman Michael asked if it would be cheaper for the City to run the rental operation. Alderman Mann advised that he had brought the matter to the attention of the Recreation Commission, and also provided a brief explanation of why the City preferred a private business to operate the rental of skates. The City Manager advised that he would check into the matter further. MAIL BOXES - TOURIST AREAS Alderman Puttick advised that some of the mail boxes in the tourist areas are being used as litter containers by mistake. The Alderman requested that the Post Office be contacted, and requested to put some form of identification on the boxes to designate them as mail boxes. It was moved by Alderman Crowe, seconded by Alderman Stewart, that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, ~ ' MAYOR Committee Room ~1 ', - April 20, 1976 Council met in C~ittee of the Whole on Monday, April 20, 1976, following s regular maetin8 of Council. All Members of Council were present with the exception of Aldermen Fera, Michael, Orr, Smeaton and Thomson, Alderman Chessman presided as Chairwan. - 10 - Following consideration of the items presented, the Con~mittee of the Whole arose without reportin~.~S~ala~a. READ AND ADOPTED, ,, - MAYOR ~"f wv ' Council Chambers ·, ·. ' April 20, 1976 Council reconvened in open session following a meeting of the Con~nittee of the Whole. All M~mbers of Council were present with the exception of Aldermen Fare, Michael, Orr, Smeaton and Thomson. His Worship, Mayor Bukator presided as Chairman. The meeting adjourned. READ AND ADOPTED, MAYOR EIGHTEENTH MEETING Council Chambers April 26, 1976 REGULAR MEETING Council met on Monday, April 26, 1976, at 8:00 p.m., following a joint meeting of Council and the Planning & Development Committee. All Members of Council were present with the exception of Aldermen Harrigan and Thomson. His Worship, Mayor Bukator presided as Chairman. Alderman Michael offered the Opening Prayer. His Worship, Mayor Bukator expressed concern regarding the manner in which members of Council had dealt with senior staff during Council meetings. The Mayor stated that members of Council had every right to criticize reports, but felt that members of staff should not be insulted or treated as if they were on trial. If a member of staff was not performing his duties, the Mayor indicated that he would entertain s resolution to have that staff member discharged or fired. His Worship, Mayor Bukator stated that this practice would not be allowed to continue. UNFINISHED BUSINESS CONSOLIDATED LICENSING BY-LAW Report No. 235 - City Manager - The report recommends that Council members review the draft by-law at their convenience and inform the City Clerk of any changes prior to April 29, 1976. The by-law in its final form will be presented to Council for passing at the meeting of May 3, 1976. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the report and by-law be tabled until the meeting of May 3, 1976. C0~fi~UNICATIONS No. 73 - Downtown Business Improvement Area Board of Management - Re: Direction to Downtown Area. The communication requests approval of the painting of a colonred line on Victoria Avenue which would direct tourists to the Downtown area. A billboard opposite Magdalen Street would provide an explanation of the colonred line and direct traffic to the Downtown area. AIderman Puttick advised that the estimated cost of painting the colonred line would be $700 and would be paid by the Downtown business people. The Director of Engineering for the Region had been contacted, and had indicated he would recommend this if no strong objections were received in opposition. ORNERED on the motion of Alderman Puttick, seconded by Alderman Michael, ~hat the request be referred to staff for study. No. 74 ~ Kiwanis International Foundation - Re: Canada - United States Goodwill Week. The communication requests the City to proclaim the week of April 25 - MAy 1, 1976, as "Canada - United States Goodwill Week". ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the request be approved~ subject to the established policy on proclamations. His Worship, Mayor Bukator advised that he had presented a Canadian Flag to the Kiwanis Club in Tonswands, New York. The Club had in turn presented the Mayor with a Bi-Centennial Flag to be flown in front of the City Hall. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr, that the American Bi-Centennial Flag be flown on the flag staff in front of City Hall. No. 75 - Knights of Columbus - Re: Knights of Columbus 73rd Ontario State Convention. The connnunication requests approval of Council to hold e parade on May 23, 1976 for a short memorial and wreath laying service at the Cenotaph in Victoria Park. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the comunicstion be received and the request approved, and further that the orSenizetion be requested to obtain similar approvals from all other suthorities involved. ' No. 76 - Chamber of Commerce - Re: Mayor's Coum,ittee on Housing. The cc~=.unication requests Council's consideration of appointin8 e member of the Chamber of Counuerce to the Mayor's Committee on Hous inS. ORDERED on the motion of Alderman Crows, seconded by Alderman Fare, that the c~u~unication be received and the request approved, and further that a - 2- representative of the Chamber be appointed to sit on the Mayor's Committee on Housing when new appointments are made. No. 77 - Niagara Falls Youth Hostel Committee - Re: Youth Hostel. The communication requests authorization from Council to operate a youth hostel in Niagara Falls during the sum=net months. ORDERED on the motion of Alderman Crowe, seconded by Alderman Schisler, that the communication be received and the request approved. REPORTS No. 236 - Planning & Development Committee - Re: Monthly Report on Residential Development. The report is submitted to Council for information. ORDERED on the motion of Alderman Fern, seconded by Alderman Orr, that the report be received and filed. No. 237 - Planning & Development Committee - Re: Westlane Industrial Basin. The report advises of s meeting to be held with the residents of the Westlane area regarding the study of the Westlane Industrial Basin. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the report be received and filed, and further that as many members of Council as possible attend. 'No. 238 - Planning & Development Conceittee - Re: Federal Housing Action Program The report advises that C.M.H.C. under the Federal Mousing Action Programme will grant to municipalities $1,000 for medium density housing units of modest price and s ize, along with additional information regarding the Programme. ORDERED on the motion of Alderman Crowe, by Alderman theesmart, that the report be received and filed. No. 239 - Recreation Commission - Re: Ontario Municipal Recreation Association Conference. The Commission requests that MS. C. McIvor, Mr. B. Barnes and Mr. R. Sones be authorized to attend the Ontario Municipal Recreation Associati0r Conference to be held in Sault ate. Marie from May 26 - 29, 1976. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, that MS. C. MaIvor, Mr. B. Barnes and Mr. H. Sones be authorized to attend the Ontario Municipal Recreation Association Conference in Sault Ste. Marie from May 26 - 29, 1976. The motion OaFtied with Alderman Michael voting contrary, and all others in fayour. No. 240 - City Manager - Re: Municipal Fire Department Instructors' Conference. The report recommends that D. Kemp, Chair of the Training Division, be authorizei[ to attend the annual conference of the Municipal Fire Department Instructors in Hamilton from May 16 - 19, 1976. ORDERED on the motion of Alderman 0rr, seconded by Alderman Mann, that the report be received end adopted. No. 241 - City Manager - Re: Purchasing Management Association Annnal Conference. The report recommends that Mr. J. Smyth, Purchasing Agent, be authorized to attend the 51st Annual Conference of the Purchasing Management Association of Canada in Montreal from June 16 - 19, 1976. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the . report be received and adopted, No. 242 - City Manager - Re: Ontario Traffic Conference Annual Convention. The report recommends that one member of Council and one member of Staff be authorized to attend the Ontario Traffic ConfereneeAnnual Convention in Hamilton from May 16 - 19, 1976. Alderman Puttick suggested that Alderman Thomson be authorized to attend the conference in view of his association with the Municipal Parking Consultras. Alderman Orr advised that Alderman Stewart had expressed an interest in attending the conference ss he was s member of the Railway Relocstion Committee. It was suggested that Aldermen Stewart end Thomson discuss the matter to determine the member of Council to attend the conference. OBIBRED on the motion of Alderman Mann, seconded by Alderman Orr, that the report he received and adopted. No. 243 - City Manager - Re: Review of Employee Benefits. The report advises that the review of e~oloyee benefits has been carried out, and that*staff.is Satisfied that the C~y is obtaining the best value for the premiums.paid for employee benefits which ere not controlled by legislation. The Personnel Officer and City Manager provided additional information in response to questions raised by members of Council. ORDERED on the motion of Alderman Michael, seconded by Alderman Puttick, that the report be received and filed. -3- No. 244 - City Manager - Re: Write-off of Tax Arrears. The report recommends that the City Treasurer be authorized to remove taxes amounting to $27,075.33 from the Collector's Roll. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that the report be received and adopted. No. 245 - Chairman, Architectural Conservation Advisory Committee - Re: Ontario Heritage Act and the Creation of an Architectural Conservation Advisory Committee. The Con~nittee requests approval of Council to participate in the Experience '76 Architectural Conservation Pvogram and to submit a budget to the Ministry of Culture and Recreation. Alderman Smeaton asked if any of the provis ions of the Ontario Heritage Act could be used to preserve the Battlefield Park. The City Clerk explained that the Act only dealt with the preservation of buildings. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Chessman, that the report be received and approval granted. No. 246 ~ City Manager - Re: R.C. 8-76, Curb, Gutter, Sidewalk and Finished Road Construction in Woodbridge Acres Subdivision. The report recommends that the low tender submitted by Ventrella Builders Construction Ltd. be accepted and that the by-law authorizing the execution of the contract be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the report be received and adopted. See Resolution No. 47 See By-law No. 76-94 No. 247 - City Manager - Re: Valley Way West Subdivis ion. The report recommends that the firm of Kerry T. Howe Ltd. be mtained for the design and contract administration for Valley Way West Subdivision, and that the engineering fee be in accordance with the current A.P.E.O. fee schedule, subject to an interim agreement being entered into between the subdivider and the City to cover the engineering fees to be paid to the consultants and the usual 2% for City administration fees. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the report be received and adopted. No. 248 - City Manager - Re: Special Events at City Parks. The report recommends that the policy providing for deposit in advance of special events, which would be refunded to the sponsor less any charges for extra work after the events, be approved by Council. ORDERED on the motion of Alderman Crows, seconded by Alderman Mann, that the report be received and the policy adopted. No. 249 - City Manager - Re: Municipal Accounts. Recommending payment of the municipal accounts. The City Manager provided an explanation of Cheques ~3055 and ~3062 in response to questions raised by Alderman Puttick. ORDERED on the motion of Aldermen Orr, seconded by Alderman Crows, that the report be received and adopted. RATIFICATION OF ITEMS CONSIDERED IN THE JOINT MEETING OF COUNCIL AND THE PLANNING & DEVELOPMENT COb~IITTEE Report .No. 250 - Planning Director - Re: Regional Urban Boundaries. The report recc. muends that certain areas be deleted and subsequent additions made in other parts of the City so that no loss in urban lands occurs. It is further recommended that the report be adopted and presented to the Regional Planning & Development Committee. Report No. 251 - Planning Director - Re: Niagara Escarpment Commission Development Control Boundaries. The report recommends that the Niagara Escarpment Development Control Area coveri only those lands as indicated on the map attached to Report No. 251, Alderman Smeaton indicated that although he agreed with Report No, 250 in generalt he wished to express his opp~sition to the inclusion of Area 1 in the urban area of the City. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Chessman, that the decisions reached in the Joint meeting of Council and the Planning & Development Cons. Arise be ratified, end Reports No. 250 and 251, be adopted. ~he motion Carried with Aldermen Puttick and Schisler voting contrary, and all others T~ur. RESOLUTIONS No. 47 - MANN - FERA - RESOLVED that the unit prices submitted by Ventrella Builders Construction Limited for the construction of curbs, gutters, sidewalks and finished roads in the Woodbridge Acres Subdivision, in the amount of $117,171.50, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 48 - CHEESMAN - FERA - RESOLVED that the Weed Inspector of the City of Niagara Falls be directed to cause the noxious weeds or weed seeds on any subdivided portions of the municipality, and lots not exceeding ten acres whether or not the lots are part of a subdivision, to be destroyed in the manner presribed In the regulations made under The Weed Control Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-lAWS ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that By-law No. 75-245, be now read a third and final time: No. 75-245 - A By-law to authorize the acquisition of land required for the purpose of a dam and storage basin for the collection and disposal of storm water. (Shriner's Creek) Carried Unanimously ORDERED on be granted time: the motion of Alderman Michael, seconded by Alderman Fera,.that leave to introduce the following by-laws, and the by-laws be read a first No. 76-94 A By-law to authorize the execution of an agreement with Ventrella Brothers Construction Limited for curb, gutter, sidewalk and road construction. (R.C. 8-76) No. 76-95 - A By-law to authorize the execution of a development agreement with John Stranges Investments Limited. No. 76-96 No. 76-97 - A By-law to establish additional community recreation centres for the City of Niagara Falls. - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Aldermen Stewart, that the following by-laws be now read a second and third time: No. 76-94 - A by-law to authorize the execution of an agreement with Ventrails Brothers Construction Limited for curb, gutters sidewalk and road construction. (R.C. 8-76) No. 76-95 - A By-law to authorize the execution of a development agreement with John Stranges Investments Limited. No. 76-96 - A By-law to establish additional communi~yrecreationcentres for the City of Niagara' Falls. No. 76-97 - A By-law to provide monies for general purposes. garried Unanimously BUSINESS INCIDENT AT FAIRWAY MOTEL Alderman Michael suggested that the incident which took place at the Fairsay Notel involving students from Duomore Pennsylvania and a n,:mher of local youths, was s serious enough matters that a report should be obtained ~from the Regional Police on the matter. It was moved by Alderman Nithas1, seconded by Aldermen Orr, thst the Nts~ars Regional police be requested to pr~vlde Council with s report on the incident. The motion Carried unanimously. -5 - SAND PIT - ST. PAUL AND MOUNTAIN ROAD Alderman Cheesnmn advised that on Sunday mornings, the sand pit near Mountain Road on St. Paul Avenue, was used by motorcyclists. There are many cars parking along the road, which could be a hazard in view of the traffic in the area. The main problem, however, was noise. The Alderman requested the City Manager to investigate the matter and provide a report on the problem. SWIMMING POOL FENCES Alderman Cheesman advised that a coroner's jury in the Province had recently reviewed the matter of swimming pool fences. One of the points raised was that of wooden fences, and the fact that the slats should be placed vertically rather than horizontally, since the horizontal slat fence can easily be climbed. Also mentioned was the chain link fence. The City's by-law provides for the openings to be not greater than 2" x 2". A coroner's jury had reconnnended 1~" x 1%". The Alderman suggested that staff could study this matter, with a view to amending the City's by-law to cover these safety features. HIGH RISE APARTMENT BUILDINGS Alderman Cheesman referred to a recent coroner's jury held regarding the death of a child that had fallen out of a window in an apartment building. Apparently a protective screen had not been in plane. The Alderman suggested that staff study this matter, with a view to providing the necessary protection in these buildings. MONTHLY REPORT OF THE MEDICAL OFFICER Alderman Cheesman directed Council's attention to the March report of the Medical Officer, which dealt with the matter of old age. The Alderman advised that the report was very interes ring, and suggested that members of Council take note of the information. One point of interest was the mention of planning of housing from the point of view of illumination, accident prevention and adaptation to possible impairment of function. The Alderman noted that through the years, more attention was being focused on people in wheelchairs in the construction of public facilities. CONDITION OF PENN CENTRAL TRACKS Alderman Puttick inquired on the status of the investigation into the condition of the Penn Central Tracks near the intersection of Simcoe Street and Ontario Avenue. The City Manager advised that the Maintenance & Operations Engineer was working with Penn Central on the problem. MEETINGS WITH CITY EMPLOYEES Inresponse to a question raised by Alderman Puttick, the City Manager provided a brief report to Council on meetings held with City union employees on Job vacancies and City operations. PANEL DISCUSSIONS AND SEMINARS Alderman Puttick suggested that if any member of staff or Council was requested to make a presentation or sit in on a panel discussion at a seminar, that approval of Council be obtained in advance. In this way, when the request is made to attend the conference in question, approval would be automatic. BY-lAW RE: FOULING OF MUNICIPAL SIDEWALKS Alderman Michael requested the City Clerk to obtain a copy of a by-law relating to the fouling of municipal sidewalks by pets. The Alderman advised that this type of by-law was in standard use in the United States, and had recently been put into effect in Brampton and Mississauga. TRAFFIC PROBLEM - FOURTH AVENUE & VALLEY WAY Alderman Orr advised that a traffic problem at the intersection of Fourth Avenue and Valley Way had been brought to his attention by some of the area residents. His Worship, Mayor Bukator stated that a petition from the res idents .he_d been reoeiveds and the matter was bein~ reviewed by the City Solicitor. MORETTA ESTATES SUBDIVISION Alderman Puttick advised that he had spoken to a gentleman concerned with drainage from the proposed Moretta development, particularly regarding storm water. Since some of the lands in the ares drain to the north, the concern centred on the possibility of storm run-off finding its way into the Four Mile Creek. The Director of Municipal Works advised that this subdivision would drain southerly, and would not contribute to the drainage in the north. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. READ AND ADOPTED, CLERK -~ MAYOR /, NINETEENTH MEETING Committee Room #1 May 3, 1976 Council met in Committee of the Whole at 7:25 p.m. on Monday, May 3, 1976. All Members of Council were present with the exception of Aldermen Michael and Puttick. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, CLERK - MAYOR Council Chambers May 3, 1976 Council met on Monday, May 3, 1976 at 7:30 p.m. for the purpose of considering genera 1 business. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the minutes of the meetings of April 20th and April 26th, 1976, be adopted as printed. DEPUTATION PETITION RE: CONSTRUCTION TRAFFIC ON WILINGER STREET Communication No. 78 - Residents of Wilinger Street Area - The petition requests the City to prohibit construction trucks from using Wilinger Street as an access street into the new construction area bounded by Riall Street, Wilinger Street and Wedgewood Crescent. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the request be approved, and further that permanent posts be erected prohibiting construction traffic from using Wilinger Street as an access route into the Gauld Neighbourhood Extension. UNFINISHED BUSINESS ELIMINATION OF CITY POSTMARK Report No. 252 - City Manager - The report advises that the postal authorities have suggested as an alternative, that additional mail boxes would be placed in the tourist areas of the City to receive mail destined for the United States and foreign countries, and will be processed in Niagara Falls using the City's name in the cancellation stamp. All other local mail will be processed through the central department in St. Catharines. It'is recommended that if this alternative is acceptable to Council, notification should be provided as quickly .as possible in order that the boxes can be placed prior to the advent of the tOUrist season. During the discussion on this matter, Alderman Chessman suggested that the local postal authorities be requested to provide proper schedules on mail boxes indicating the time of clearance. It was moved by Alderman Puttick, seconded by Alderman Thomson, that the alternative suggested by the Postal Authorities be adopted, and further that additional mail boxes to handle United States and foreign mail be placed at the main Post Office and all sub-offices in the City. The motion p~.rried unanimously. REQUEST OF WELLAND SECURITIES (1964) LIMITED TO CLOSE AND CONVEY UNOPENED ROAD ALLOWANCES IN TNE FORE~R TOWNSHIP OF WILLOUGHBY ' Report No. 253 - City golicitor - The report requests that Council take the followinS action at the present time: - 2- (a) Fix the price to be charged for the 4.188 acres of road allowance referred to in Item 1; (b) Approve the recommendation that no charge be nmde for that part of the road allowance referred to in Item 1 lying within the limits of the land formerly owned by Louis Weinbrenner; (c) Fix the price to be charged for the 5.871 acres of the road allowance referred to in Item 2; (d) Approve the recommendation that no charge be made for the renmining parts of the road allowance referred to in Item 2 which were previously sold; (e) Authorize the City Solicitor to proceed with the advertising and other necessary steps for the closing and conveyance of the road allowances referred to in Items 1 and 2 on the basis that Welland Securities is to reimburse the City for all costs incurred in addition to paying for the land to be conveyed at the price fixed by Council. ORDERED on the motion of Alderman Crowe, 'seconded by Alderman Cheesmsn, that the report and recommendations (a) to (e) be received and adopted, and further that the price of the land in Items (a) and (c) be fixed at $7,000 per acre. NIAGARA SQUARE Report No. 254 - City Manager - The report recommends that sufficient land (approximately 17') be dedicated for road widening to permit a 100' right- of-way to the west limit of the Niagara Square Subdivision. This land would 'be taken from lands now owned by the Municipality for the Stamford Park. In addition, it is recommended that an appropriate by-law be prepared by the City Solicitor. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the report be received and adopted. MOBILE HOME FACILITIES - CITY OF NIAGARA FALLS Report No. 255 - Alderman J, Michael - The report advises of the work presently being undertaken on the review of mobile home facilities in the City. It is also advised that once comments from mobile home park operators have been studi~ regarding Schedule 26 of the Consolidated Licensing By-law, this Schedule will be revised. A final report will be submitted along with a revised schedule for the by-law, within the next month. ORDERED on the motion of Alderman Michael, seconded by Aldernmn 0rr, that the report be received and filed. SUBMISSION OF BRIEF TO NIAGARA REGION STUDY REVIEW COMMISSION t Report No. 256 - City Manager - Submitted with the report is a copy of the proposed brief to the Commission in draft form. It is recommended that members of Council review its contents and during the week, notify the City Clerk of any suggested changes or revis ions. The 'final submission will be forwarded to Mr. Archer on May 7, 1976, ORDERED on the motion of A]dermsn Thomson, seconded by Alderman Chessman, that the report be received and adopted. PROPOSED DEVELOPMENT OF APARTMENT BUILDING AND THE PRESENCE OF ~ETHAr~E GAS AT HOUCK PARK Report No. 257 - City Manager - The report advises that if Council is in favour of selling the 30~ft. strip of land in order to permit development to proceed, five prerequisites as outlined in the report, may be considered by Council. During the discussion on this matter, several members of Council expressed concern on allowing the development to proceed in view of future problems that could occur as a result of the methane gas emanating from Houck Park. The City Solicitor referred to similar problems in Kitchener and Misaissauga, and advised that Kitcharier was anticipating litigation as a result of the problem. The City Solicitor further advised that because of problems of this nature, he was reluctant to recommend that Counail approve the sale of the lend to permit the owner to proceed with the development, however if Council wished to proceed, the conditions outlined in the report ere submitted as an alternative, The Director of Municipal Works also provided additional information in response to questions raised during the discussion, It was then moved by Alderman Mann, seconded by Alderman Puttick, that the matter be tabled until the interim report of the consultant is available. The motion Carried unanimously. COt~4UNICATIONS No. 78 - Mr. M. l)emizto - Re: Gales Gas Bar on Portage Road.' The connunicatl0n - 3- advises of problems experienced as a result of moving gas pumps north of their original position at Gales Gas Bar on Portage Road. ORDERED on the motion of Alderman Michael, seconded by Alderman Chessman, that the matter be referred to staff for the preparation of a report. No. 79 - Regional Municipality of Niagara - Re: 1976 Regional Tax Levy. The connnunication advises of the 1976 Regional tax levy. ORDERED on the motion of Alderman Crowe, seconded by Alderman Mann, that the communication be received and filed. No. 80 - Greater Niagara Safety Council - Re: Traffic Problem Fern Avenue Area. The communication advises of a traffic situation in the Fern Avenue area, and requests that stop signs be erected on Jill Drive and Cooper Drive at their intersections with Fern Avenue. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the matter be referred to'staff for the preparation of a report. 'No. 81 - Chippaws Lions Club ~ Re: Chippnwa Lions Club Carnival. The communication requests permission to serve beer at the carnival on June 23 - 26, 1976. ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that permission be granted subject to the Lions Club obtaining approvals of the Fire Inspector, Superintendent of Police and the L.C.B.O. REPORTS No. 258 - Planning & Development Committee - Re: AM-11/76, Dosa BrOthers Framing, East Side Portage Road, North Side Valley Way. The Connnittee recommends that the application be Dosa Brothers Framing, AM-11/76, be denied. It was moved by Alderman Mann, seconded by Alderman Fera, that Mr. H. Hockton be granted permission to address Council. Mr. Hockton advised that the area residents were opposed to the rezoning due to the fact that the area was mainly residential. The property owners were concerned with loss of privacy and devaluatton of property as a result of the development. Concern was also mentioned over the proposed commercial plans in the project. Mr. Hockt0n felt that such s rezoning would be "spot zoning" and suggested that the entire block be zoned commercial so that th~ properties would not go down in value. Mr. W. Slovak was then granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Chessman. Mr. Slovak requested that Council consider overturning the decision of the Committee for a number of reasons. It was advised that the applicants would be prepared to reduce the commercial proposal to 2500 sq. ft., and the density from eight to six units as suggested in the Planning Department report. Mr. Slovak pointed out that the area has a number of different uses at the present, including a church, gas station, the Canadian Legion and-~he senior citizens housing. It was further pointed out that the site is low in relationship to other properties in the area, and a site plan would protect the surrounding property owners. in response to a question raised by Alderman Thomson, the Deputy Planning Director advised that the property in question had not been scheduled for zoning in the draft zoning by-law. Following further discussion, it was moved by Alderman Harrigan;, seconded by Alderman Puttick, that the recommendation of the Planning & Development Committee be adopted, and the application denied. The motion Carried with Alderman Smeaton voting contrary, Alderman Crows abstaining o~ ~ conflict of interest, and all others voting in fayour. No. 259 - City Manager - Re: 1975 Annual Report of the City Manager. The report supplies information on the 1975 operations of the City of Niagara Falls. ORDERED on the motion of Alderman Puttiok~ seconded by Alderman Stewart, that the report be received and filed. No. 260 - City Manager - Re: Encroachment on Buttrey Street. The report recommends that the City Solicitor bc authorized to prepare a by-law permitting the encroachment on Buttrey Street, subject to the following conditions: a) Payment of $25.00 to cover legal costs; b) The applicant to provide a legal description of the premises known as 4399 Buttrey Street; and c) The applicant to provide a legal'description of the encroachment prepared by an Ontario Land Surveyor, together with the necessary plan of survey. ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that the report be received and adopted. -4 - No. 261 - City Manager - Re: Closing and Sale of Part of Acheson Avenue. The report recommends that the area shown cross-hatched on the attached sketch be closed and conveyed to the Provincial Crane Company, subject to the following conditions: a) payment of $800 plus an amount of $1500 to cover any taxes which would have accrued on the property from 1961 to the current year; b) The purchaser to be responsible for all costs incurred in the preparation of whatever legal descriptions or reference plans may be necessary to transfer the property; c) The purchaser to assume all legal costs, such as advertising, etc., incurred by the City in order to transfer the property; and d) The Purchaser shall, by agreement, grant to the City the right to use any sanitary or storm sewer or water services located on Acheson Avenue between Ferguson Street and Buttrey Street, and further that the Company agree to maintain the said services. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. No. 262 - Recreation Commission - Re: Meadowvale Park. The Conm~ission recommends that the proposed plan for the Meadowvale Park developed through s neighbourhood committee, be approved. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the recommendation of the Recreation Commission be adopted, and the plan approved. No. 263 - Recreation Cvuunission - Re: Funding Policies and Procedures Guideline Recreation Co-,,ission of Niagara Falls. The Commission recommends that Council approve the revised Funding policies and Procedures Guideline as endorsed by the Recreation Connntssion on April 27, 1976. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the reconnnendation of the Recreation Commission be adopted. No. 264 - Recreation Commission - Re: Area Recreation Board Appointments. The Commission recommends that the citizens indicated on the sheet attached to the report, be appointed to the Area Recreation Boards for one and two year terms as outlined. One alderman is required to serve on each of the · three Area Recreation Boards for a one year termi NOTE: The.name of Mr. Walter Lapp should appear under the Niagara Central Recreation Board as a one year term. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the reconmmendation of the Recreation Commission be adopted, and the appointments confirmed. No. 265 - City Manager - Re: Urban Area Boundaries - Mr. G~ Ellis. The report advises that further information on the proposal for the Ellis property is to be provided by Mr. Ellis. It is recommended that the report be received and filed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the report be received and filed. No. 266 - City Manager - Re: Release of Sewer Easement, Registered Plan M-22. The report recuu~ends that the by-law authorizing the release of a sewer easemen[: in fayour of the new owners of Lot 1, Plan M-22, be given the necessary readings.' ORDERED on the motion of Alderman Crows, seconded by Alderman Stewart, that '~ the report be received and adopted. See By-law No. 76-1~~ No. 267 - City Manager - Re: Development Agreement Senior Citizens Complex, O.R.C. - Bucklay Avenue. The report reconnends that Council authorize the necessary amendments to the Development Agreement and Developmen~ Plan for the Senior Citizens Complex, as requested from O.R.C. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the report be received end adopted. No. 268 - City Manager - Re: T.V. Sewer Inspection & Hydraulic CleaninS of Sewers and Culverts. The report recommends that the tender submitted by Senttank Inc. for T.V. inspection be accepted, and that the tender submitted by Superior Sewer Service for hydraulic cleaning of sewers and culverts be accepted, provided the firm confirms in writing thst the quality of the special high pressure plastic hose offered is equal or better then the rubber hose specified. The Maintenance &Operations Engineer and the Director of Municipal Motks provided additional information in response to questions raised,'by members of Council. ORDERED on the motion of Alderman Crews, seconded by Alderman Chessman, that the report be received end adopted. See Resolution No.j - 5 - No. 269 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Manager provided information on Cheques ~3219 and ~3235 in response to questions raised by Aldermen Fera and Schisler. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. NOTE: Alderman Puttick declared a conflict of interest with respect to Cheque ~3256. RESOLUTIONS No. 49 - CROWE - CHEESMAN - RESOLVED that the tender submitted by Sanitank Incorporated for T.V. inspection be accepted at the price of 34.7¢ per ft., and $25.00 per hour for delay; and further that the tender submitted by Superior Sewer Service for hydraulic cleaning of sewers and culverts at 7.5¢ per ft. and $270.00 per day, respectively, be accepted, subject to confirmation that the quality of the specie 1 high pressure plastic hose offered is equal or better than the rubber hose specified; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 76-98 No. 76-99 - A By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. - A By-law to authorize the undertaking of an engineering study and report for improvements and extensions to the sewage works of the City. (Update of R.V. Anderson !968 Study on Flood ~ontrol and Pollution Abatement) No. 76-100 - A By-law to authorize improvements to the electrical power distribution system and street lighting system of the City. No. 76-101 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-29/75, L. Martin) No. 76-102 - A By-law respecting the issue of licences. No. 76-103 - A By-law to establish ice surfac~ rental rates for City arenas. No. 76-104 - A By-law to amend By-law No. 76-72 to authorize the release of a sewer easement in Registered Plan M-22. No. 76'-105 - A By-law to authorize the execution of an agreement with De Leuw Cather Canada Limited for engineering services. No. 76-106 - A By-law to provide monies for general purposes. Carried with Aldermen Puttick abstaining on a conflict of interest on Cheque ~3256 of By-law 76-106 ORDERED on the motion of Aldermen Mann, seconded by Alderman Fera, that the following by-laws be now read a second time: ..No., 76-98 No. 76-99 A By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. ,- A By-law to authorize the undertaking of an engineering study and report for improvements and extensions to the sewage works of the City. (Update of 1968 R.V. Anderson report on Flood Control end Pollution Abatement) NO, 76-100 - A By-law to authorize improvements to the electrical power distribution system and street lighting system of the City. Carried Unanimously -6 - ORDERED on the motion of Alderman Crowe, seconded by Alderman Cheesman, that the following by-laws be now read a second and third time: No. 76-102 - A By-law respecting the issue of licences. No. 76-103 - A By-law to establish ice surface rental rates for City arenas. No. 76-104 - A By-law to amend By-law No. 76-72 to authorize the release of a sewer easement in Registered Plan M-22. No. 76-105 - A By-law to authorize the execution of an agreement with De Leuw Cather Canada Limited for engineering services. No. 76-106 - A By-law to provide monies for general purposes. Carried with Alderma~ Puttick abstaining 'a conflict of intere~ on Cheque ~3256 of By-law 76-106 By-law No. 76-102 Mr. L. Dopke was granted permission to address Council on the motion of Alderman Crowe, seconded by Alderman Orr. Mr. Dopke felt that the apartment building would only add to the drainage problem in the area. He advised that the situation should be corrected now with the cons truction of curbs and sidewalks. Mr. L. Martin was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Crowe. Mr. Martin stated that the water problem referred to was away from his property, further up Portage Road. The proposed road re-alignment will improve the traffic s ituation in the area. With regard to a comment made in one letter of objection, Mr. Martin advised that the building would not ~ing more. children into the area, as the apartments would be for adults. The Director of Municipal Works provided additional information in response to questions raised by members of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that By-law No. 76-102~ be now read a second and third time: s No. 76-102 -.A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. Carried Unanimously NEW BUSINESS - 7 - REGIONAL URBAN AREA BOUNDARIES & NIAGARA ESCARPMENT COMMISSION DEVELOPMENT CONTROL BOUNDARIES - MEETING AT REGIONAL OFFICES Alderman Crowe referred to the "feud" that took place at a meeting in the Regional offices on the Regional Urban Area Boundaries and the Niagara Escarpment Commission Development Control Boundaries. The Alderman felt that it was embarrassing to have the credibility and the reputation of the entire Council slighted over this incident. Alderman Puttick replied that he as an Alderman and citizen was concerned with the northwest sector of the City, and would continue to attend meetings and make statements in rebuttal and debate as he felt necessary. RAIL SHIPMENT OF DANGEROUS MATERIALS Alderman Smeaton asked if any information had been received from the rail companies regarding the type of materials shipped through the City. The City Clerk advised that the only reply received stated that materials were shipped in conformity with the legislation. Alderman Smeaton stated that he had been advised of the existence of a report on this matter prepared by a former Fire Department employee, Mr. W. Sills. He suggested that the report be located, as it would be of interest. His Worship, Mayor Bukator suggested that the loca 1M.P., Mr. Roger Young be requested to assist the City in this matter. Alderman Smeaton further advised of his concern in the matter, and felt that Council should continue their efforts to obtain this information. It was moved by Alderman Crowe, seconded by Alderman Stewart, that the meet ing adjourn. ~ ~ a a.~ ~ · ~ READ AND ADOPTED, MAYOR GARBAGE ON MOUNTAIN ROAD Aldermen Herrfgsn stated that he had driven down Mountain Road near the Q.E.W. and had noticed several bags of garbage on the s ide of the road. Over one of the bags, somaone had left a dead eat. Alderman MartlEan felt it was bad enough that the garbage had been left, but to leave a dead animal there showed a total disregard for every citizen living in the City. Alderman Thomson advised that he had noticed the garbage as well, and suggested that any City drivers travelling along Mountain Road to the landfill site, pick up garbage left along the roadway. The Alderman suggested that occasionally garbage is left along Mountain Road when the landfill site is closed. NIAGARA SOUTH RECREATION CENTRE Alderman Michael referred to an information report which outlines the terms of the Cityts agreement with the Operator at the Niagara South Recreation 'Centre. The Alderman suggested that adjustments be made for persons owning their o~n skates, end also that spectators be allowed. It was moved by Alderman Mictmel, seconded by Alderman Thomson, that a meeting be arranged to discuss the rates for person o~ning skates, and the possibility o~ spectators between the Operator, the Niagara South Recreation Board and City staff. The motion Carrie__d unanimously. TWENTIETH MEETING Council Chambers May 10, 1976 REGULAR MEETING Council met on Monday, May 10, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Crowe. His Worship, Mayor Bukator presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the minutes of the meeting of May 3, 1976, be adopted as printed. UNFINISHED BUSINESS ADMINISTRATION COSTS - REGIONAL SEWER & WATER LEVIES Report No. 270 - City Manager - The report provides information with respect to the 1976 sewage and water rates as set by the Regional Municipality of Niagara. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera, that the report be received and filed. DRAINAGE PROBLEM ON PARKDALE STREET Report No. 271 - CityManager - The report provides information on the City's policy on rear yard drainage problems. A history of the problems experienced by Mr. Saddler of Parkdale Street is also provided. It is recommended that the cost sharing procedure to be used to alleviate the problem, be approved by Council. During the discussion on this report, several members of Council suggested that consideration be given to amending the City's policy on rear~yard drainage so that elevations can be set for each lot to ensure that drainage problems would not occur. The Director of Municipal Works outlined the disadvantages of this procedure, and also stated that it would difficult to enforce this type of provision. Following further discussion, it was moved by Alderman Mann, seconded by Alderman Orr, that the report be received and adopted. The motion Carried unanimously. COMbtUNICATIONS-'; No. 82 - Community Resources Centre - The communication requests financial assistance from the City, in paying interest charges on the outstanding balance of a bank loan from April 1st to December 31st, 1976. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the request be referred to the 1976 Operating Budget discussions, No. 83 - Ontario Housing Corporation - Re: Rent Supplement Program. The com- munication advises of O.B.C.'s intention to advertise in the Niagara Falls Review on May 6,7,8, 1976 requesting proposals for the provision of rental accommodation in Niagara Falls under the Rent Supplement Program. ORDERED on the motion of Alderman Chessmans seconded by Alderman Fern, that the communication be received and filed. No. 84 - Niagara Frontier Humane Society - Re: 1976 City Grant and 1975 Audit Account. The communication advises that the Society will request the same grant for 1976 as that received in 1975. Also attached is the 1975 Audit Account. ORDERED on the motion of Alderman Thomson~ seconded by Alderman Fern, that the cotmnunication be referred to the 1976 Operating Budget discussions. REPORTS No. 272 - Planning & Development Committee - Re: AM-10/76, T.G. Bright & Co. Ltd., South side of Morrison, West of Dorchester Road, and Official Plan Amendment No. 82. The Committee recommends that Council certify that the application -2- of T.G. Bright & Co. Ltd. will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area when a further amendment is epproved by the Minister of Housing. Further that the application be approved for Single Family Residential, and that Council adopt Official Plan Amendment No. 82 by by-law. His Worship, Mayor Bukator provided information on the proposal in response to a question raised by Alderman Fern. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the reconmendations of the Planning & Development Committee be adopted. See Resolution No. 51 See By-law No. 76-10~ See By-law No. 76-10~~, No. 273 - City Manager - Re: Ontario Arenas Association Convention. The report recommends that one member of Council and one member of staff be authorized to attend the Ontario Arenas Association Convention in Cambridge from June 17 - 20, 1976. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fern, that Alderman Puttick and one member of staff be authorized to attend the Ontario Arenas Association Convention. 'No. 274 - City Manager - Re: Pollution Control Workshop. The report provides information on the proceedings of the annual workshop of the Pollution Control Association of Ontario in Ottawa on April 26 - 28, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received and filed. No. 275 - City Manager - Re: Roll No. 13-4-111 (Reg. Property #71-17) Pt. Lot 16, Twp. Willoughby, Concession 5, N,S, Lyons Creek Road. The report recommends that the by-law authorizing the conveyance of this property to the former assease owner, be given the necessary readings. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. See By-law No. 76-111 No. 276 - City Manager - Re: Sale of Lot 38, Falls Industrial Park. The report recommends that the by-law amending By-law 75-164, so that the deed from the City will be made in favour of John J. McKinnon instead of Metroe Foods Products Ltd., be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Aldermdn Smeaton, that the report be received and adopted. 'See By-law No. 76-1~ No. 277 - City Manager - Re: License Agreement for Use of Unopened Section of . Muir Avenue. The report recommends that the by-law to authorize the execution of a license agreement with LaRosa and Cartie Enterprises Ltd. permitting that Company to use the unopened section of Muir Avenue, be given the necessary readings. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. See By-law No. 76-11 No. 278 - City Manager - Re: 1976 Property Standards Officers' Study Session. The report recamends that Mr. J. Miles and Mr. G. Anderson be permitted to attend the 1976 Property Standards Officers' Bandy Session to be held in Toronto fromMay 30 - June 3, 1976. ORDERED on the motion of Alderman Smearone seconded by Alderman Chessman, that the report be received and adopted, No. 279 - City Clerk - Re: AM-36/74 - Proposed Subdivision East of Dorchester Road - Can·din. The report advises that as a result of mailinS copies of the By-law, Notfoe of Application and Explanatory Note to property owners within 40a! of the subject parcel of lands eight letters of objection were received. Alderman Smeaton advised that after reading the letters of objection, he noticed that in some cases, there appears to be some misunderstanding on the. designation "0" in the by-laws and suggested that some of the objections could be withdrawn if a meeting were held between the developer, residents and staff to explain the proposal more fully. OB/)ERED on the motion of Alderman Thomsons seconded by Alderman Sme·ton, that · me·tinS be arranged between the developers the objectors and City staff in order to resolve The objections to the application. -3- No. 280 = City Manager - Re: Sale of Lot 23, Plan 74, North Side of Woodbine Avenue.· The report recommends that the offers received for the purchase of Lot 23, Plan 74 be filed, the deposit cheques returned, and the Municipality retain the land for sale at a later date. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler, that the report be received and adopted. No. 281 - City Manager - Re: Availability of Surplus Lands - Former Chippawa Pollution Control Plant. The report reconnnends that due to the potential use of the lands for park purposes~ that the Region be requested to take the necessary action for revesting the ownership of the former pollution control plant site to the City of Niagara Falls. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. No. 282 - City Manager - Re: Pavement Markings as a Guide to Canmercial Areas. The report recommends that special coloured pavement markings on roadway pave- ments not be considered as part of any guide signing policy for the City. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the report be referred to the Board Of Management of the Downtown Business Improvement Area for study. No. 283 - Hie Worship, Mayor Bukator - Re: Seminar on the Review and ReorganizatiOn of Ontario Public Libraries. The report recommends that the Minister of Culture and Recreation be requested to retain the present provisions of The Public Libraries Act regarding the composition of Public Library Boards in urban municipalities, and further that the City's stand in this particular matter.be conveyed to the participants attending the seminar on May 15, 1976. ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Fern, that the report be received and adopted. No. 284 - City Clerk - Advisory Report - The report submits the following items to Council for advisory purposes: Regional Municipality of Niagara - Advising of a public meeting to discuss possible changes to the Urban Area Boundaries of the City of Niagara Falls, to be held at Westlane Secondary School on May 13, 1976 at 7:30 p.m.; Greater Niagara Senior Citizens Association - Inviting members of Council to participate in the Senior Citizens Olympics on June 24, 1976; Niagara Region Study Review Commission - Advising of the presentation of the City of Niagara Fails brief on May 11, 1976 at 7:30 p.m. in the Niagara Falls Public Library. It is recommended that members of Council and City staff attend; Niagara Deaf & Hard of Hearing Association - Requesting that the month of May be proclaimed as "Speech and Hearing Month". It is recommended that the request be approved subject to the established policy on proclamations; .Canada Manpower - Requesting permission to erect the "Hire a Student" banner over Queen Street between Erie and Ontario Avenues. It is recommended that the request be approved subject to approval of Niagara Fails Rydro for the use of the poles. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr, that the information be noted, and the report received and filed. No. 285 - City Manager - Re: Municipal Accounts. Recounending payment of the municipal accounts. ~ The City Manager provided an explanation of Cheque ~3286 in response to a question raised by Alderman Puttick. An explanation was also provided on Cheque ~3219 which had appeared in the accounts by-law (76-106) at the meeting of May 3, 1976. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, that the report be received and adopted. RESOLUTIONS No. 50 - MANN - STEWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of T.G. Bright & Company Limited for the resoning of part of Block F, Registered Plan 876, situated on the south side of Morri~on Street, west of Dorchester Road, will conform to Official Plan Amendment No. 28 of the Niagara Fails Planning Area when a further amendment is approved by the Minister of Housing; AND the Seal of the' Corporation be hereto affixed. Carried Unanimo~sl~ B Y- LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman HarriS·n, that leave be granted to introduce the following by-lawss and the by-law· be read a .first time: q -4- No. 76-107 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AM-10/76, T.G. Bright & Co. Ltd.) No. 76-108 - A By-law to amend By-law Nos. 2350, 1959 and 2530, 1960 of the forms Township of Stamford, now in the City of Niagara Fails, as amended. (AM-10/76, T.G. Bright & Co. Ltd.) No. 76-109 - A By-law to amend By-law No. 75-164 to authorize the sale of land in the Falls Industrial Park. (J.J. McKinnon, Lot 38) No. 76-110 - A By-law to authorize the execution of a license agreement with LaRosa & Cartie Enterprises Ltd. (Unopened Section of Muir Ave.) No. 76-111 - A By-law to authorize the conveyance of land to Raymond Dodge. (Rag. Property ~71-17) No. 76-112 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the following by-laws be now read a second and third time: No. 76-107 - A By-law to provide for the adoption of an amendment to the Official Plan of'the Niagara Falls Planning Area. (AM-10/76, T.G. Bright & Co. Ltd.) No. 76-108 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-10/76, T.G. Bright & 0o. Ltd.) No. 76-109 - A By-law to amend By-law No. 75-164 to authorize the 8ale of land in the Falls Industrial Park. (J.J. McKinnon, Lot 38) No. 76-110 - A By-law to authorize the execution of a license agreement with LaRose & Cartie Enterprises Ltd. (Unopened Section of Muir Ave.) No. 76-111 - A By-law to authorize the conveyance of land to Raymond Dodge. (Rag. Property ~71-17) No. 76-112 - A By-law to provide monies for general purposeS. 'Carried Unanimously NEW BUSINESS SAND PLANT RILL Alderman Thomson felt that Council should make the Provincial Government aware of their concern with respect to the hazardous conditions at Sand Plant Hill. It was moved by Alderman Thomson, seconded by .Alderman Puttick, that the Minister of Transportation & Communications be contacted to determine what action will be forthcoming on this matter, and further, if the action proposed by the Minister is not felt to be appropriate by Council, that more forceful action be taken to inform the Minister of the Council's concern in this matter. The motion Carried unanimously. EDITORIAL - NIAGARA FALLS REVIEW Alderman Thomson expressed disappointment at reading a recent editorial appearinS in the Niagara Falls Review, criticizing the City and the City Manager over s statement made in the City Managers, Annual Report, whereby the City of Niagara Falls appears to have the lowest taxes of any comparable large Canadian city. A number of the points raised in the editorial were problems that'were not within the Jurisdiction of the City· It was the Aldarman's opinion that low taxes did not mean the level of service received by the citizens of NiaBara Falls, was inadequate. PARKING ~ BEHIND B .J. 'S ~Nt8 SHOP Alderman Michael advised ~hat he had received several inquiries regarding instsllstion o£ psrking meters in the psrkinS sres behind B.J. s Man's Shop. His Worship, Mayor Bukstor explsined that the meters were inatslled ss. a result of s lessinS sr~adgement with the Fenn-Centrsl. - 5 - PARKING AREA BEHIND THREE PORTS RESTAURANT Aldermen Michael advised that he had received several calls regarding parking tickets issued against cars parked in the area behind the Three Ports Restaurant. The parking area had originally been leased by the owner from the City, but on May 1st the property reverted back to the City. ROLLER SKATING - NIAGARA SOUTH RECREATION COMPLEX Alderman Michael asked if any action had been taken on the matter of roller skating fees and spectators at the Niagara South Recreation Complex. The City Manager advised that the matter had been referred to the area board, and no answer had been received as yet. SCHEDULING OF OPERATING BUDGET MEETING The City Manager suggested that the budget meeting be scheduled for Monday May 17, 1976 to commence at 3:00 p.m. and continue until the dinner break, reconvene in the regular Council meeting, and following completion of the general business, return to the budget session. It was moved by Alderman Smeaton, seconded by Alderman Mann, that the schedule as suggested by the City Manager, be adopted for the 1976 budget discussions. The motion Carried unanimously. It was moved by Alderman Mann, seconded by Alderman Stewart, that the meeting adjourn to Cou~ittee ~ of the ole. READAND ~O~ED, , ~ : MAYOR . _ Committee Room ~1 , ~ May 10, 1976 Council met in Committee of the ~ole on Monday, May 10, 1976, following a regular meeting of Council. All M~bers of Council were present.' Alderman ~rowe arrived during the meeting. His Worship, Mayor Bukator presided as Chairman. Following consideration of the items presented, the Connittee of the Whole arose without reporting. --~ READ AND ADOPTED, MAYOR Council Chambers May-10, 1976 Council reconvened in open session followins a meetin~ of the Committee of the Whole· All Members of Council were present. His Worships Mayor Bukator presided as Chairman. The meeting adjourned· READ TWENTY-FIRST MEETING Council Chambers May 17, 1976 REGULAR MEETING Council met on Monday, May 17, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. Alderman Schis let offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fern, seconded by Alderman Mann, that the minutes of the meeting of May 10, 1976, be adopted as printed. UNFINISHED BUSINESS SHRINER'S GREEK AND ACQUISITION OF LAND FOR THE PURPOSE OF A DAM AND STORAGE BAg IN Report No. 286 - City Manager - The report recommends: 1) That the City agree that the contribution by the owners to reimburse the City for the cost of acquiring the Wyllie property will be refunded to the contrtbuters, without interest, by June 1, 1977 in the event that the construction of the project does not proceed, such refund to be either in cash or upon other terms mutually acceptable to the contributors and the City, and that the attached by-law to authorize the execution of such an agreement by the City be passed; and 2) That the Director of Municipal Works be authorized to instruct Proctor and Redfern Limited to proceed with the engineering design and preparation of drawings, contract documents and estimates for the construction of the project described as Alternative No. 8 in the "Shriner's Creek Environmental Impact Study". In response to a question raised by Alderman Puttick, Alderman Crows provided information regarding the refund to the contributors in the event the construction of the project does not proceed. The City Solicitor also provided additional information. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. See By-law No. 76-119 AGREEMENT WITH NIAGARA MIST COSMETICS LTD. Report No. 287 - City Manager - The report reco..~nds that the by-law to authorize the agreement to endorse Niagara Mat perfume and cologne as "the official fragrance of the City of Niagara Falls" and permit Niagara Mist Cosmetics to so promote the products on the condition that the City be relieved of any liability that may result from such endorsement and promotion, be given the necessary readings. ORDERED on the motion of Alderman Chessman, seconded by Alderman Stewart, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, Alderman Crowe abstainin~ on a conflict of interest, and all others voting in fayour. See By-law No. 76-113 METPRNE GAS AT }~OUOK PARK Mr. J. Nunan, of Hydrolo&y Consultants Ltd. was in attendance at the meeting and distributed copies of the Interim Report on the HouCk Park Gas Survey and Control. Also in attendance were Mr. S. Pingue and his solicitor Mr. J. Sloniowski. It was moved by Alderman Thomson, seconded by Alderman Cheesman, that Mr. J. Nunan be 8ranted permission to address Council. The motion was Defeated with the following vote: ' A.YE: Aidemen Fern, Mann, Puttick, Thonson and Cheesman. NAYE: Aidemen Crowe, Harrigen, Michael, Orr, Schtsler, 8meatonand Stewart. It was then moved by Alderman Smaton, seconded by Alderman Crowe, that the matter be tabled until the meetinS of May 25, 1976. The motion ~rried with the following vote: AYEt Aldermen Crows, Fern, Hsrrigan, Mann, Michael, Orr, Schisler, Smeaton and Stewart. NAYEl Aidemen Puttick, Thomson and Cheesman. -2- NIAGARA SQUARE SUBDIVISION Report No. 288 - City Manager - The report recommends that a reduced contingency allowance be accepted on the subdivision servicing because all works will be tendered shortly. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the report be received and adopted. COMMUNICATIONS No. 85 - Ministry of Housing - Re: Municipal Incentive Grant Program. The co.uannication provides information on the Municipal Incentive Grant Program and advises that in order to be eligible for grants, a municipality must forward a resolution to the Ministry of Housing stating that the fnnds received under the program will be used to facilitate housing production. ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that the communication be received and filed, and further that the appropriate resolution be passed and forwarded to the Ministry of Housing. See Resolution Nc No. 86 - Board of Management, Downtown Business Improvement Area - Re: Guide Signing to Downtown Business Area. The co,~unication requests Conncil to request the Regional Municipality of Niagara for permission to erect overhead guide signing on Stanley Avenue sonth of the Q.E.W. Roberie Street extension, 'which would direct traffic on Stanley Avenue to the downtown area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton, that the City request the permission of the Regional Municipality of Niagara to erect overhead guide signing on Stanley Avenue south of the Q.E.W. Roberrs Street extension. No. 87 - Ripley International Ltd. - Re: Tightrope Walk of Henry Rechatin. The communication advises of the location of the proposed walk and invites members of Council to attend the opening ceremonies on Saturday, May 22, 1976. ORDERED on the motion of Alderman Mann, seconded by Aldermen Fern, that the communication be received and filed, and further that as many members of Counci' as possible attend the function. REPORTS No. 289 -. Planning &Development Committee - Re: AM-9/76, Stamford Green Investmehts and Group II Development Ltd., Pt. Lot 22, R.P. 246, Frontenac The cn,wntttee recommends that Council certify by resolution that the applicati0 of Stamford Green Investments Ltd. and Group II Development Ltd. conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing and further, that the application be approved. ORDERED on the motion of Aldermen Mann, seconded by Alderman Orr, that the rec~,~aendations of the Planning &Development Committee be adopted. See Resolution No. See By-law No. 76-1 No. 290 - Recreation Cc~nission - Re: Area Recreation Boards. The C~nmission requests that Council appoint one Alderman to each of the three Area Recreation Boards. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that Alderman 0rr be appointed to the Niagara Central Recreation Board'. ORDERED on the motion of Alderman Michael, seconded by AldermenSchisler, that Alderman Mann be appointed to the Niagara South Recreation Board. ORDERED on the motion of Aldermen Mann, seconded by Alderman Thomson, that Alderman Puttick be appointed to the Niagara Northwest Recreation Board. No. 291 - City Manager - Re: Driveway Repairs. The report requests Countills guidance with respect to future policy on maintenance-of entranceways in order that the 1976 end future budgets can be adjusted accordingly. During the discussion on this matter, the Director of Municipal Works provided information in response to questions raised by members of Council. ORDERED on the.motion of Alderman Theeson, seconded by Alderman Michael, ttmt the City~s present policy on maintenance of entranceways be discontinued. No. 292 - City ManeQer - Re: Gasoline, Diesel Fuel & Lubricant Tender. The report recommends that the unit prices submitted by Gulf OilCompany on the Cityts 1976/77 petroleum requirements be accepted. ORDERED on the ~otion of Alderman 8me~,.ton, seconded by Alderman Michael, that the report be received sm~ adopted. See Resolution No.. 3 No. 293 - City Manager - Re: Rental of Equipment for Weed Control. The report recommends that the tender by D. Goslin for light equipment and hand labour be approved where his equipment will be adequate; that the tender by E. Murchie for heavy equipment and hand labour be approved for work where such equipment is necessary, and that E. Murchie be awarded the contract for chemical weed control for equipment and hand spraying. ORDERED on the motion of Alderman Smeaton, seconded by Alderman err, that the report be received and adopted. See Resolution No. 54 No. 294 - City Manager - Re: 1976 Tree Planting Program. The report recommends that the tree planting contract be awarded to Gauld Nurseries, and further that the by-law authorizing the execution of the contract with Gauld Nurseries, be given the necessary readings. ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that the report be received and adopted. See Resolution No. 55 See By-law No. 76-117 No. 295 - City Manager - Re: A.C. 9-76, Asphalt Overlay Program. The report recenthands that the contract be awarded to Steed & Evans Ltd., and further that the by-law authorizing the execution of the contract agreement be given the necessary readings. ORDERED on the motion of Aldermen Mann, seconded by Alderman Cheesman, that the report be received and adopted. See Resolution No. 56 -- See By-law No. 76-115 No. 296 - City Manager - Re: S.R. 11-76, Sidewalk Repairs and New Sidewalk Construction. The report recommends that the contract be awarded to D. L. Stephens Contracting Ltd. and further that the by-law authorizing the execution of the contract agreement be given the necessary readings. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Fera, that the report be received and adopted. See Resolution No. 57 See By-law No. 76-116 No. 297 -CityManager - Re: C.A.M.A. and C.F.M.M. Conferences. The report requests authorization for the City Manager to represent the City of Niagara Falls at the Canadian Association of Municipal Administrators Conference in Vancouver from June 13 - 15, 1976, and the Canadian Federation of. Mayors and Municipalities Conference also in Vancouver from June 16 - 18, 1976. ORDERED on the motion of Alderman Mann, seconded by Aldermen Schisler, that the City Manager be authorized to attend the C.A.M.A. and C.F.M.M. Conferences in Vancouver from June 13 - 15, 1976 and June 16 - 18, 1976 respectively. No. 298 - City Manager - Re: Use of Private-Vehicles for City Business. The · report recommends that the matter of car allowances for certain staff officials of the City of Niagara Falls be given consideration during the 1976 Budget discussions. ORDERED on the motion of Alderman Cheesman, seconded by Alderman err, that the report be referred to the 1976 Budget discussions. No. 299 - City Manager - Re: Parking on Temperance Avenue. The report recommends that parking be prohibited from the westerly side of Temperance Avenue from Emery Street to Spring Street between the hours of 8:00 s.m. and 6:00 p.m. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. No. 300 - City Manager - Re: Stop. Signs st Fern Avenue. The report recommends that the necessary by-law be passed to allow the erection of stop signs on Jill Drive and Cooper Drive at Fern Avenue. ORDERED on the motion of Alderman Thomsont seconded by Alderman Smeaton, that the report be received and adopted. No. 301 - City Manager - Re.! Building Permits. Breakdown of permits issued by the Building & Development Department for the month of April, 1976. ORDERED on the motion of Alderman Smeston, seconded by Alderman Puttick that the ~eport be received and filed. ~ No. 302 - .City Manager - Re: Municipal Accounts. Rec~,ending payment of municipal accounts. ORDERED on the motion of Alderman Michael, seconded by Alderman Orr, that the report be received and adopted. -4- - 5 - RESOLUTIONS No. 51 - CROWE - FERA - RESOLVED THAT WHEREAS the Province desires to encourage municipalities to develop land to produce medium-density housing of a modest size; AND WHEREAS the Central Mortgage and Housing Corporation has established the Municipal Incentive Grant Program to provide a grant of $1000 for each housing unit meeting the required criteria to provincially-designated municipalities; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby makes application to the Minister of Homing for a Certificate of Eligibility to enable this municipality to participate in the program; and agrees that funds received through this program shall be used to facilitate the production of housing; AND FURTHER an anneal report shall be submitted on or before March 1st to the Minister of Nous ins on the expenditure of funds received under this program in the previous calendar year; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 52 - MANN - ORR - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Stamford Green Invest- ments Limited and Group II Development Limited for the rezoning of part of Lot 22, Registered Plan 246, situated on the wast side of FrontsnaG Street, ' conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 53 - SMEATON - MICHAEL - RESOLVED that the tender submitted by Gulf Oil Canada Limited for the supply of gasoline, diesel fuel, lubricants and kerosene be accepted at the prices quoted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 54 - S~ATON - ORR - RESOLVED that the tender submitted by Mr. D. Goslin for the mowing of weeds at the quoted price of-$9.25 per hour for light equipme: and $5'.50 per hour for hand labour be accepted where. his equipment is adequate; that the tender of Mr. E. Marchie for the mowing of weeds at the quoted price of $13.00 per hour for heavy equipment and $5.00 per hour for hand labour be accepted where such equipment is necessary; and that the tender submitted by Mr. E. Murchie for chemical weed control at the quoted price of $20.00 per hour for equipment and $7.00 for hand spraying, be accepted; AND the Seal of the Corporation be hereto affixed. ...... Carried Unanimously_ No. 55 - THOMSON - CHEESMAN - RESOLVED that the tender submitted by Cauld Nurseries Limited at the bid price of $8,163.50 for 'the 1976 Tree Planting Program, be accepted; AND the Seal of the Corporation be hereto affixed. Evans Limited for the asphalt overlay program, in the amount of $57,851,00, be accepted; AND the Seal of the Corporation he hereto affixed. Carried Unanimouel2 No. 57 - TH0~SON - FERA - RESOLVED that the unit prices submitte. d by D. L. Stephens Contracting ~Niagara) Limited for sidewalk repairs and new sidewalk construction in the amount of $63.206.00 be accepted; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslI No. 58 - SMEATON - CHEBSMAN - RESOLVED that the next Regular Meeting of City Council be held on Tuesday, May 25th, 1976, in the Council Chambers, cowmencinS st'7:30 p.m.; AND FURTHER that Aldermen 8.W. Thomson be appointed Acting Mayor during the absence of Mayor George Bukator for the period of May 23rd to May 31st, 1976 until the commencement of the Council meeting of May 19~6; AND the Seal of the Corpore~ion be hereto affixed. Carried Unanimously By- L%WB ORDZI~D on the motion of Aldermen Mann, seconded by Alderman Stewart, that les~ be Sr~e~ to introduce the following by-laws, and the by-laws be read a first time: ..... 5 No. 76-113 No. 76-114 No. 76-115 - A By-law to authorize the execution of an agreement with Niagara Mist Cosmetics Limited for permission to promote its perfume and cologne as "the official fragrance of the City of Niagara Falls". - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-9/76, Stamford Green Investments & Group II Development Ltd.) - A By-law to authorize the execution of an agreement with Steed & Evans Limited for the construction of hot mix asphalt overlays. (A.C. 9-76) No. 76-116 No. 76-117 No. 76-118 No. 76-119 - A By-law to authorize the execution of an agreement with D. L. Stephens Contracting (Niagara) Limited for sidewalk repairs and new sidewalk construction. (S.R. 11-76) - A By-law to authorize the execution of an agreement with Gauld Nurseries Ltd. for spring tree planting. (T.P. 12-76) - A By-law to provide monies for general purposes. - A By-law to authorize the execution of an agreement with Group 2 Development Limited and others. (Shriner's Creek) Carried with Aldermen Puttick voting contrary on By-law 76-113, Alderman Crowe abstaining on a conflict of interest on By-law 76-113, and all others votin~ in favour. ORDERED on the motion of Alderman Mann, seconded by Alderman Fare, that the following by-laws be now read a second and third time: No. 76-113 - A By-law to authorize the execution of an agreement with Niagara Mist Cosmetics Limited for permission to promote its perfume and colgone as "the official fragrance of the City of Niagara Falls". No. 76-114 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, ss amended. (AM-9/76, Stamford Green Investments & Group II Development Ltd. ) No, 76~115.- A By-law to authorize the execution of an agreement with Steed & Evans Limited for the construction of hot mix asphalt overlays. (A.C. 9-76) No. 76-116.- A By-law to authorize the execution of an agreement with D. L. Stephens Contracting (Niagara) Limited for sidewalk repairs and new sidewalk construction. (S.R. 11-76) No..76-117 - A By-law to authorize the execution of an agreement with Gauld Nurseries Limited for spring tree planting. (T.P. 12-76) No. 76-118 - A By-law to provide monies for general purposes. No. 76-119 - A By-law to authorize the execution of an agreement with Group 2 Development Limited and others. (Shriner's Greek) Carried with Alderman Puttick voting contrary on By-law 76-113, Alderman Crowe abstaining on a conflict of interest on By-law 76-113, and all 9thers voting .ip fav~ur. NEW BUSII,.U~SS PROMOTION OF CANADIAN WINE PRODUC~ Conms. No. 88 - Mr. D. Wiley - The communication requests the assistance of City Council in persuading the Government of Canada to introduce a Government policy of "Government promotion of Canadian products by their use in preference to imported products',.. -6- Mr. D. Wiley was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Thomson. Mr. Wiley thanked Council for allowing him to speak on such short notice. He requested that Council endorse this policy, and consider writing a letter to the Niagara Falls M,P., as well as a copy to himself that he could forward to his M.P. Mr. Wiley provided additional inform~tion in response to questions raised by members of Council. It was moved by Alderman Thomson, seconded by Alderman Sineaton, that a letter be forwarded to Mr. Roger Young advising that the City of Niagara Falls endorses the policy of Government promotion of Canadian products by their use in preference to imported products. The motion Carried unsnimously. CHERRYHILL DRIVE PARK Alderman Th~nson advised that the problem of mini-bikes and motorized vehicles entering the Cherryhill Drive Park, was still being experienced. The residents in the area are concerned for the safety of their children playing in the park. The Alderman suggested that the matter be studied in an attempt to have the two entrances to the park prohibit access to mini- bikes and motorized vehicles. FIRE CHIEF S.C. THOt~ON It was moved by Alderman Puttick, seconded by Alderman Cheesman, that a ..letter of congratulations be sent to Fire Chief S.C. Thomson upon his election to the position of Second Vice-President in the Ontario Association of Fire Chiefs. The motion Carried unanimously. SEEOR CITIZENS" ASSOCIATION WONSHIP SERVICE It was moved by Alderman Cheesman, seconded by Alderman Thomson, that the Greater Niagara Senior Citizens' Association be thanked for the invitation to Council to attend the Worship Service on June 20, 1976 at the Queensway Free Nethodist Church, and further that as meny members of Council as possible attend the services. The motion Carried unanimously. It was moved by Alderman Smeaton, seconded by Alderman Stewart, that the meeting reconvene to Budget session. P, EAD AND ADO , r ~ ' TWENTY-SECOND MEETING Council Chambers May 25, 1976 REGULAR MEETING Council met on Tuesday, May 25, 1976 at 7:30 p.m. for the purpose of considering general bus iness. All Members of Council were present with the exception of His Worship, Mayor Bukator. Alderman Thomson, Acting Mayor presided as Chairman. Alderman Smeaton offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the minutes of the meeting of May 17, 1976, be adopted as printed. UNFINISHED BUSINESS METHANE GAS AT HOUCK PARK Mr. J. Nunan of Hydrology Consultants Ltd., was granted permiss ion to address Council on the motion of Alderman Mann, seconded by Alderman Cheesman. Mr. Nunan provided a sununary of the findings and recommendations as outlined in the Interim Report on Houck Park Gas Survey and Control. Mr. Nunan recommended that the first phase of the forced draft system be commenced in order to protect adjacent property. Additional information was provided in response to questions raised by members of Council. It was then moved by Alderman Michael, seconded by Alderman Smeaton, that Mr. J. Sloniowski, solicitor for Mr. S. Pingut, be granted permission to address Council. Mr. S loniowski advised that there would be no below ground structure within the maximum range of the migrating gas. Mr. Pingue has agreed to provide a vent air system on the apartment structure, and enter into an easement agreement to maintain the system and allow monitoring of the system as deemed necessary. According to the consultant's report, there would be no threat to construction workers during development of the project, and Mr. Sloniowski urged Council to allow the development of the proJect to proceed. It was further advised that Mr. Pingut had a deadline of May 30, 1976 to commence construction under the conditions of his mortgage commitment from C.M.H.C. Additional information was provided in response to questions raised by members of Council. Mr. C.R. Lowe, a resident of Arthur Street, was granted permission to address Council on the motion of Alderman Smeaton, seconded by Aldermen Mann. Fir. Lows expressed concern that the residents had received no notifi~ation of the discussion on this matter by Council,--other than having read press coverage of same. It was advised that during testing, there had been sn explosion, and a contractor had burned his hair and eyebrows as a result. Mr. Lows elso expressed concern over further explos ions, as he resided next to the property in question, and felt that the construction of the eighty- four unit apartment building would not be an asset to the ares. Mr. Nunan provided s clarification on the first phase system, and explained that the findings of the study indicated little likelihood of explosions, as the conSentrations of gas were found to be below the explosive limit. With regard to the deadline of May 30, 1976 as imposed by C.M.H.C., Mr. W. Ryan of Federal Trust Co. stated that C.M.H.C. hsd verbally advised that no further extension on the mortgage commitment would be granted to Mr. Pingut. If there was any possibility of an extension, it would be a short period of time, likely two weeks. The City Manager indicated that he would contact the St. Catharines office, and advise officials that the matter would be finalized shortly. In response to several questions raised by members of Council, the Assistant Solicitor advised that the City Solicitor's opinion on sellinB or conveying the right-ofyway to Mr, PinSue had changed, in that the property was originally purchased from Hydro in order to provide access, however his opinion wsS unchsnged on the problems inherent with this type of problem, the municipalityes responsibility to alleviate the prnhlem, and liability for the inherent danger. During the discussion on this matter, several members of Council indi- Cated their reluctance to des1 with the matter until the area residents had en opportunity to be present during the discussion on the matter, and become aware of the action to be taken with respect to the mathshe gas. - 2- It was moved by Alderman Mann, seconded by Alderman Orr, that the first phase of control, as recommended in the Consultant's report, commence immediately. The motion Cerrried with Alderman Puttick voting contrary, and all others in fayour. Following additional discussion, it was moved by Alderman Smeaton, seconded by Alderman Orr, that the matter of the 30' access strip of land be tabled until May 31st, 1976, subject to a temporary extension on the mortgage coTmnitment of C.M.H.C. being granted, and further that the area residents be notified that the matter will again be considered by Council on May 31at, 1976. The motion Carried with Alderman Marrigan voting contrary, and all others in fayour. COMMUNICATIONS No. 89 - Biasell Ltd. - Re: lO0th Birthday of Biasell Companies. The cormunits advises of the 100th Birthday of Biasell Companies, and requests that the City officially proclaim the week of May 31st to June 5th, 1976, as "Biasell Centen- nial Week". ORDERED on the motion of Alderman Michael, seconded by Alderman Stewart, that the week of F~y 31st - June 5th, 1976 be proclaimed "Biasell Centennial Week" subject to the established policy, and further that a letter of congratulations be sent to Biasell Ltd. in recognition of their 100th Birthday. REPORTS No. 303 - City Manager - Re: Land Division Committee File B-268/76, G. & R. Taylor, 9948 Beck Road, Request to Appeal Decision of Approval. The report recommends that Council direct the City Solicitor to lodge with the Ontario Municipal Board an appeal from the decision of the Land Division Committee relating to File B-268/76, G. & R. Taylor. It was moved by Alderman Smeaton, seconded by Alderman Stewart, that the report be received and filed. The motion was Defeated with the following vote: AYE: Aldermen Smaaton and Stewart. NAY]E: Aldermen Crows, Fare, Marrigan, Mann, Michaels Orrs Puttick, Schisler and Chessman, It was then moved by Alderman Crowe, seconded by Alderman Smeaton, that the report be adopted, that a more detailed report be submitted at the meeting of May 31st, 1976 outlining the reasons for approval of ithe Land Division Committee despite the Adverse comments presented by the Planning Department based on the Official Plan and Council's Consent Policies;.and further that Mr. &Mrs. Taylor be notified that the matter will be considered by Council. The motion ~srried unanimously. No. 304 - City Manager - Re: Non-Residential Property Standards By-law. The report advises that a draft by-law has been prepared which wil] be reviewed by City staff and then presented to Council as soon as possible for their consideration, ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman, that- the report be received and filed. NOTE: .Alderman Rarrigan was absent when this matter was considered. No. 305 - City Manager - Re: Site Plan Approval - Proposed Niagara Square Shopping Centre. The report recounnends that Council approve the site Plan as posted in the Chambers. It is further recommended that the developer be required to submit a detailed landscaped plan for Council's approval prior to FebruaryIs 1976. ORDERED on the motion of Alderman Crows, seconded by Alderman Schisler, that the report be received and adopted. NOTE: Alderman liartitan was absent when this matter was considered. No. 306 - City Manager - Re: DrtmsnOnd South N.I.P. Project. The report recommends that the by-law authorizing the various works in the Drunnond South Ares under the Neighbourhood Improvement Program for a 8ross amount of $661,50I with s net debenture amount o~ $38~,000 be given the necessary two readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the report be received and adopted. See By-law No. 76~ -3~ No. 307 - City Manager - Re: Retention of Soils Consultant for the Ontario Housing Corporation Subdivision, H,O.M.E. Project off Mentress Road. The report recommends that the engineering firm of Dominion Soil Investigation Ltd. be retained to undertake the geetechnical investigation program for the O.H.C. subdivision at a cost not to exceed $2,600. ORDERED on the motion of Alderman Mann, seconded by Alderman Schis let, that the report be received and adopted. NOTE: Alderman Michael was absent when this matter was considered. No. 308 - City Manager - Re: Lot 38, Falls Industrial Park. The report recommends that the three months extension to August 31, 1976 for Mr. J. McKinnon regarding the purchase of Lot 38, Falls Industrial Park, be approved. ORDERED on the motion of Alderman Sm~aton, seconded by Alderman Fare, that the report be received and adopted. NOTE: Alderman Michael was absent when this matter was cons tdered. No. 309 - City Manager - Re: Resurfacing of Thorold Town Line Road Northerly of Mountain Road. The report recommends that the unit prices accepted by Regional Niagara be also accepted by the City of Niagara Falls for the resurfacing of Thorold Town Line Road, and further that the Director of Municipal Works be authorized to proceed with the paving of Thorold Town Line Road northerly of Mountain Road on the basis of sharing the cost equally with the City of Thorold. The Maintenance &Operations Engineer and City Manager provided additional information in response to several questions raised by members of Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman 0rr, that the report be received and adopted. See Resolution No. 59 No. 310 - City Manager - Re: Canadian Institute of Planners. The report recenthands that the Planning Director be authorized to attend the Annual Conference of the Canadian Institute of Planners to be held in Winnipeg from June 27th to June 30th, 1976. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others in fayour. No. 311 - City Manager - Re: Boulevard Seeding or Sodding in New Subdivisions. The report explains the present policy on boulevard seeding or sodding in new subdivisions. It is suggested that if Council feels the current policy should be changed, further input will be required from the Development and Home Building Industries. ORDERED on the motion of Alderman Crowss seconded byAlderman Fare, that the report be received and filed. No. 312 - City Manager - Re: Contract S.T. 13-76, Surface Treatment of Various City Streets. The report recommends that NorJohn Contracting Ltd. be awarded the contract for Surface Treatment of Various City Streets, and further that the by-law authorizing the necessary agreement, be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Fare, that the report be received and adopted. See Resolution No. 60 See By-law ~ No. 313 - City Manager - Re: Ontario Municipal Water Association Workshop. The report advises of the proceedings of the O.M.W.A. Workshop held in conjunction with the A.W.W.A. at Sudbury. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and filed. No. 314 ~ City Nsnager - Re: Policies of the Land Division Committee. The report advises of the change in policy of the L~ud Division Committee providing that "throdghout the balance of the year 1976, 3 members only of this Committee will sit at hearings,. There are 12 members on the Committee, and if 3 members only sit at each hearing on a rotating basis, it will mean that the Niagara Falls appointee would only be attending one in every four meetings. The local appointee has indicated that he would prefer to have a minimum of 5 members -4- in attendance at each meeting. ORDERED on the motion of Alderman Smeston, seconded by Alderman tiarrigan, that the Regional Municipality of Niagara be advised that the Council of the City of Niagara Fails is opposed to a Lend Division Committee of three hearing each application, and feels that five members sitting at each hearing would be more realistic; AND further thst the City of Niagara Fails re-affirm its position of opposition to the "in-camera" decisions made by the Lend Division Committee. No. 315 - Deputy City Clerk - Re: AM-29/75, Restricted Area By-law 76-101, Leo Martin. The report advises that as a result of circulating a copy of the By-law, Notice of Application and an explanatory note to all owners of property within 400 feet of the subject parcel of land, three letters of objection were received. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the report be received, and the objections forwarded to the Ontario Municipal Board. No. 316 - Deputy City Clerk - Re: Advisory Report. The report submits the following items to Council for advisory purposes: Indian Defense League of America - Requesting permission for their annual border crossing parade to be held on Saturday, July 17, 1976 from Bridge Street to Niagara Falls, New York. It is reco.aaended that the request he granted as the applicant has the approval4 for a parade permit from the Regional Municipality of Niagara and Regional Police have been notified; Greater Niagara Senior Citizens Association - Requesting that Council proclaim the week of June 20th - 26th officially as Senior Citizen's Week in the City of Niagara Falls. It is recommended that the request be approved; Niagara District Art Association - Inviting members of Council to the official opening of their Art Workshop on Sunday, June 6th 1976 at 2:00 p.m. at the Recreation Commission building. It is recommended that as msny members of Council as possible attend the opening ceremonies; Greater Niagara Softball Association - Requesting permission to establish a beer concession at the Niagara Invitational Fastball Tournament to he held at Ker Park from July 30th to August 2nd, 1976. It is recommended that the request be approved subject to the applicant receiving approval from the Fire and Police departments, Regional Health Unit and Liquor Licence Board of Ontario. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the report be received and adopted. No. 31? - City Manager - Re: Municipal Accounts. The r~port reconnends payment of the Municipal Accounts. The City Fanager provided information on Cheques ~3539, ~3540 and ~3541 in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman, that the report be received and adopted. NOTE: Alderman 8meaton declared a conflict of interest regarding Cheque ~360L RESOLUTIONS No. 59 - 8MEATON - ORR - RESOLVED that the unit prices as submitted by NorJohn~ ; ' No. 60 - MANN - FERA - RESOLVED that the unit prices submitted by NorJohn Contracting Limited for the surface treatment of various city streets, be accepted in the amount of $128,633.00; AND the Seal of the Corporation be hereto affixed, Carried Unanimous~ BY-La~ OI~Ei~D on the motion o~ Alde~man Finn, secondod'hy'~ldermanStewart, that ~ ~eave be granted to intrude the ~o11~ng"by-lswS, and the"by-laws b~ read ~0' 76-120 ' A By-laY Co lu~horile the construction of certain works in ~he ~ D~u~ond Sou~h aeaevelop~nC Ares o~ the City. ~o, 76-12~ ' ~ By-law ~o s~nd By-lay No. 7531, bein2 I ~y-llw Co r~ide ~ox - e~ec~lon o~ s~op siena st intersection. (CoOper 6 Ji~l.at Fern -5- No. 76-122 - A By-law to amend By-law No. 3790, being a By-law for the regulation of traffic. (No Parking - Temperance from Emery to Spring) No. 76-123 - A By-law to authorize the execution of an agreement with Norjohn Contracting Limited for surface treatment of roads. No. 76-124 - A By-law to authorize the execution of an agreement with Earl Murchie for mowing weeds on private lots. No. 76-125 - A By-law to authorize the execution of an agreement with Earl Murchie for chemical weed control. No. 76-126 - A By-law to authorize the execution of an agreement with Douglas A. Coslin for mowing weeds on private lots. No. 76-127 - A By-law to provide monies for general purposes. Carried with Alderman Smeaton abstaining on a conflict of interest on Cheque ~3603 of By-law 76-127, and eli others votin~ in favonr. ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that the following by-law be now read a second time: No. 76-120.- A By-law to authorize the construction of certain works in the Drummond South Redevelopment Area of the City, . ORDERED on the motion of following by-laws be now Carried Unanimously Alderman Schisler, seconded by Alderman Crows, that the read a second and third time: No. 76-121 - A By-law to erection of No. 76-122 - A By-law to of traffic. No. 76-123 - A By-law to Contracting amend By-law No. 7531, being a By-law to provide for the stop signs at intersections. (Cooper & Jill at Fern Ave.) amend By-law No. 3790, being a by-law for the regulation (No Parking - Temperance from Emery to Spring Sts.) authorize the execution of an agreement with Norjohn Limited for surface treatment ~f roads. No. 76-124 - A By-law to authorize the execution of an agreement with Earl Murchie for mowing weeds on private lots. No. 76-125 - A By-law to authorize the execution of an agreement.with Earl Murchie for chemical weed control. No. 76-126 - A By-law to authorize the execution of an agreement with Douglas A. Goslin for mowing weeds on private lots. No. 76-127 - A By-law to provide monies for general purposes. Carried with Alderman Smeaton abstaining on a conflict of interest on Cheque ~3603 of By-law 76-127, and all others votin~ in layout. NEW BUSINESS WATER METERS FOR BUSINESS OFFICES IN RESIDENTIAL BUILDINGS Alderman ~uttick advised that he had rcccivcd a call from a resident running a ,one-room busines~ office from a residential home. In accordance- with the by-law, a water meter was installed.. The cost of installing the ~eter meter was more than the income generated, as there are no washroom facilities in the one-room o~fice. The Alderman suggested that it may be helpful if the matter were reviewed. It was moved by Alderman Futtick, ~enonded by Alderman Smeston, that a report be prepared regarding the use ~f water meters for offices operating out of residential homes. The motion Ca~riq~ unanimously. -6- BATTLEFIELD PARK Alderman Smeaton referred to discus, sions held in the past regarding the Battlefield Park. An appraisal of the property had been requested by Council, but the information had not been made available to Council as yet. The Alderman further advised that he had spoken to Mr. V. Kerrto and Mr. Roger Young recently regarding this matter, and both had agreed to make their respective Ministers aware of the s ituation. In view of the historical value of the property, the Alderman was of the opinion that more efforts should be made to retain the land for historical park purposes. It was moved by Alderman Smeaton, seconded by Alderman Crowe, that all future correspondence on the matter be forwarded to Mr. V. Kerrio and Mr. R. Young, and further that additional efforts be made to retain the property for historical park purposes. The motion Carried unanimous ly. RAIL SHIPMENT OF DANGEROUS F~TERIALS Alderman Smeaton advised that he had spoken to Mr. V. Kerrio and Mr. R. Young regarding the matter of rail shipment of dangerous nmterials. Although all materials are to be shipped in accordance with the government regulations, the Alderman advised that information he had been made aware of, indicates this does not always happen. The Alderman expressed concern ove~ the possibility of a spill of dangerous materials in the Clifton Hill area in the middle of the tourist season, in view of the large numbers of people visiting Niagara Falls in the summer. The City Manager advised that he had obtained copies of the material prepared by Mr. W. Sills formerly of the Fire Dept., and would be presenting the information to Council at the next meeting. It was moved by Alderman Smeaton, seconded by Alderman that all correspondence to date be sent to Mr. Roger Young, M.P. and Mr. Vince. Kerrio, M.P.P., and further that the City-continue to bring pressure on the Federal and Provincial Governments to obtain the information required. The motion Carried unanimously. NIAGARA FALLS TWINNING COMMITTEE Alderman Chessman felt there would be a great deal of merit in exploring the possibility of twinning the two Cities of Niagara Falls and Myrtle Beach. Alderman Thomson, Acting Mayor, suggested that the matter be referred to the Twinning fluunities for study. It was moved by Alderman Chessman, seconded by Alderman Smeaton, that the matter of twinning the Cities of Niagara Falls and Myrtle Beach, be referred to/the Niagara Falls TwinninE Connnittee for study. The motion Carried unanimously. ~ LOCAL LABOURCIAUSE IN CITY CONTRACTS Alderman Thomson suggested that a check be made to determine if out of town contractors are complyinE with the local labour clause contained in City contracts, particularly the Woodbridge Acres Subdivision. OUT-OF-T(14N PAVING CONPANES Alderman Thomson asked if pavinE companies from outside the City~ goingv door-to-door selling contracts for paving driveways, require a licence from the City. The Alderman was concerned since the sitnation has occurred where the cns~any has obtained a contract and the money for the work, and then left the City. The Deputy City Clerk advised that this type of company does not require a licerice from the City, however he urged that any citizens considering hirinE an out-of-to~n contractor, contact Mr. K. Nilne of the ~Chamher of Commerce, who is interested in the matter, and keeps a close watch onthis type of operation. It was moved by Alderman Crows, seconded by Alderman Chessman, Chat the -.meeting adjourn. READ AND A TED, .... AaTih TWENTY-THIRD MEETING Council Chambers May 31, 1976 REGULAR MEETING Council met on Monday, May 31, 1976 at 7:30 p.m, for the purpose of considering general business. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. Alderman Stewart offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Stewart, that the minutes of the meeting of May 25, 1976, be adopted as printed. DEPUTATION RED CROSS WATER SAFETY WEEK Mr. C.H. Billing was granted.permission to address Council on the motion of Alderman Mann, seconded by Alderman Chessman. Mr. Billing expressed his appreciation to the City Council for the financial assistance provided with respect to the boat patrol, on behalf of the Red Cross and St. John ~nbulance Association. Mr. Billing provided information on the operation of the service last year. Mr. Billing asked that Council proclaim the week of June 1 - 7, 1976, as Red Cross Water Safety Week in Niagara Falls. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the week of June 1 - 7, 1976, be proclaimed as "Red Cross Water Safety Week" subject to the established policy on proclamations. UNFINISHED BUSINESS METHANE CAS AT HOUCK PARK AND DEVELOPMENT OF 84-UNIT APARTMENT BUILDING Report No. 257 - City Manager - The report states that if Council is in favour of selling the 30' strip of land, and the development of the proposed apartment complex, the following prerequisites are submitted for Council's consideration: 1) An amount of $28,000. to be set aside in the current budget to cover the cost of studies undertaken to determine the extent of methane gas in the Houck Park area end the installation of stage one of a forced draft evacuation system. (NOTE: This action was approved by Council May 25, 1976) 2) That the registered owner of the Pingue property agree to bear 25% of the estinmted cost of stage one of the project or $3,750 and deposit their share of the estimated cost with the purchase pric~-of the 30 ft. strip. 3) An agreement to be prepared by the City Solicitor 'be entered into with the owners, that they will permit the City to use the proposed 3-storey apartment building without charge for the purpose of constructing venting facilities for the system, including a small building for housing the fan vents, if necessary, and that the City will be given permission to enter upon the property at all timas for the servicing of the facility, and will provide the City with all necessary easements. 4) That in the agreement, the owners undertake that they will not permit occupancy of any of the proposed units until Phase one of the venting project has been completed. 5) That in the agreement, the o~ners covenant that they and their successors in title will not undertake action against the City for any damages arising as e result of the presence of methane gas on the City*s property, or the migration of any gas from City property, and will release and indemnify the City from all claims. In response to a question raised by Alderman Crowe, the City Solicitor advised that subsequent to the submission of the May 3rd report, a study was made of the his tory of the 30' strip of land, and it has been determined that the property was purchased from Hydro in order to provide access to the PinSue property from Valley Way. The Solicitor further advised that in his opinion, he felt the, City could not refuse to permit access to the property in view of the history of the 30* strip of land, Mr. C. Lowe was granted permission to address Council on the motion of Alderman Smeaton, seconded by Alderman Crows. Hr. Lowe asked a number of questions, particularly regarding the condition of the present and subsequent - 2- owners indemnifying the City from all claims, them attar of possible explosions' and the fact that the area in question has been filled from the past excavation of the Sir Adam Beck ststion construction. Alderman Crowe, members of City staff and Mr. Nunan provided information in response to these questions. Mrs. M. Saddler was also granted permission to address Council on the motion of Alderman Smeaton, seconded by Alderman Crowe. Mrs. Saddler also requested information on the indemnity clause in the report, and expressed her concern, as an area resident, over the possible danger of the methane gas. Alderman Crowe provided an explanation of the indemnity clause, and also~ explained the City's efforts in the matter by authorizing the commencement of phase one of the control measures. Several members of Council expressed their views on this matter, and during the discussion, information and clarification were provided by City staff, Mr. Nunan, Mr. Sloniowski and Mr. Pingue. Following considerable discussion, it was moved by Alderman Crowe, seconded by Alderman Themson, that items #2, 3, 4 and 5 as outlined in Report ~257, (May 3, 1976) be adopted. The motion Carried with the following Vote: AYE: Aldermen Crowe, Fare, Mann, Michael, Orr, Schisler, Stewar~, Thomson and Cheesman. NAYE: Aldermen Puttick and Smeaton. LAND DIVISION COMMITTEE FILE B-268/76, G. & R. TAYLOR, REQUEST TO APPEAL DECISION OF APPROVAL No. 318 - City Manager - The report provides information on the reasons for the request to authorize the City Solicitor to lodge an appeal against the decision of the Land Division Con~nittee to permit G. & R. Taylor to sever a 1.004 acre parcel of land from their holding of 12.125 acres on Beck Road. Mrs. R. Taylor was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Thomson. Mrs. Taylor expressed her surprise that the matter had come before Council after she had received approval on the application from the Land Division Committee. The Taylors had applied for the severance as they wished to give their daughter s piece of property on which to build a home. Mrs. Taylor further advised that there were five residential homes all within a small area, and this severance wasn't intended as a "strip development" situation, and the residents would not be requesting the extension of any municipal services· Members of Council discussed the situation in view of the reason the severance had been requested, and the fact that the severance does not conform to the Official Plan or Council's consent policies. Following the discussion on this matter, it was moved by Alderman Smeaton, seconded by Alderman Orr, that the appeal lodged by the City Solicitor with the Ontario Municipal Board be withdrawn, and that the report be received and filed. The motion Carried with the following vote: AYE: Aldermen Fare, Michael, Orr, Puttick, Smeaton, Stewart, Thomson and ' Cheesmau. NAY]E: Aldermen Crowe, Harrigan, Mann and Schisler. AM-38/75. D. ~RSICH Report No. 319 - City Manager - The report provides information on the by-law which will permit the rezoning of the property bounded by Stanley Avenue, Robinson Street and Buchanan Avenue, approximately 371' x 344', involving approximately 13 land owners. It was moved by Alderman Thomson, seconded by Alderman Fare, that By-law No. 76-128 be brought forward for consideration at this time. The -!motion ~Srried unanimously. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fare, that leave be 8ranted to introduce By-law 76-128, and the By-law,be~read a first timel NO · 76-128 - A By-law to amend By-law No. 5335, 1955, as amended. Carried with Alde~ Bsrrigan an~ Mann contrary, and all in fayour. Mr. J. Simon was granted permission to address Council on the motion of Alderman Crowe, seconded by Alderman Thomson. Mr. Simon advised that his main concerns were the problem of denying sunlight to his family and property, and the investment he has made in amateur radio equipment, which would be invalidated by a large building adjacent to the antenna system. Mr. Simon asked if the prospective purchaser of the property has any commitment to build a motel and comply with the side yard end height restrictions. The City Solicitor advised that the by-law does not limit the applicant to build a motel, since there are a number of tourist commercial uses permitted, other than certain automobile uses. The height and side yard restrictions are set in the by-law, however the applicant could apply for an amendment to the by-law, or for a minor variance through the Committee of Adjustment if changes were desired. Mr. Simon then asked if it would be possible to view the site plan once submitted, prior to approval. The City Manager advised that if Council was in agreement, this could be done. In response to several questions regarding the site plan, the Director of Municip. al Works provided additional information. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson, that the following by-law be now read a second and third time: No. 76-128 - A By-law to amend .By-law No. 5335, 1955, as amended. Carried with Aldermen Harrigan and Mann voting contrary, and all others in favour. It was then moved by Alderman Smeaton, seconded by Alderman Michael, the t the report be received and filed, and further that Mr. J. Simon be given an opportunity to peruse the site pla~, once submitted. The motion Carried unanimously. RAIL SHIP~NT OF DANGEROUS M~TERIAL~ 'Report No. 320 - City Manager - The report provides a chronological list of events along with copies of correspondence from the time the matter was first discussed. Th~ report is submitted for Council's information and it is recommended that copies of the entire report be forwarded to the Provincial and Federal representatives with a further request that they endeavour to secure the answers to the questions raised by City Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thoms. on, that the report be received and adopted. PROPOSED BATTLEFIELD PARK SITE - Report No. 321 - City Manager - The report p~vides the history and most recent developments respecting the property. The appraised value of the land as of December 31, 1975, has bean set at under $50,000. The report is submitted for the information of Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson, that the report be referred to the Provincial and Federal representatives, that discuss ions be held with the owners in order to reach agreement on a purchase price, and further that the Parks & Recreation Departments be contacted in order to determine the need for a park in the area and what use can be made of the park as an historical facility. PURCHASE OF 4883 BUCKLEY AVENUE FROM EDWARD AND MARY SIEBERT Report No. 322 - City Solicitor - The report advises that Mr. &Mrs. Siebert have indicated they would be prepared to sell the property on the basis of an amended offer containing the following changes: 1) The City is given until August 30th (instead of November 30th) to obtain the approval of the Ontario Municipal Board and agreement from Ontario Howsing Corporation and the date for eempletion of the tale has been changed to August 30th (from November 30th)~ 2) Instead of the City being given vacant possession on completion of the sale, vacant possession is to be given 30 days after cempletion of the sale; 3) A provision has been inserted that the 8as wste~ heater is a rental hca tar and not included in the sale. In view of changes ~1 end #2, the report does not recommend that the City execute the offer as amended· If Council considers the changes acceptable~ a by-law to authorize the execution of the offer is listed on the agenda. The City Solicitor provided additional information in response to several questions.raised by Alderman Puttick. -4- ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that the counter offer be not accepted, that item ~3 be a point open to negotiation,' and items ~1 and ~2 be rejected. COMMUNICATIONS No. 90 - The Optimist Club - Re: Optimist Soap Box Derby. The communication requests that barricades be erected on Dr.,mmond Road and that waste baskets be placed along the route during the annual soap box derby on Drumond Road, June 12, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that[~ the request be approved. REPORTS No. 323 - Recreation Commission - Re: 1975 Annual Report. The report provides~ information on the 1975 activities of the Recreation Commission. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the' report be received and filed, and that a copy be forwarded to the Niagara Falls~ Public Library. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that a special letter of thanks be sent to Mr, Ron Perkin, former Chairman of the Recreation Commission, for his dedicated work over the years. No. 324 - Recreation Commission - Re: Canadian parks/Recreation Association Conference. The report requests that Mr. P. Cummings, Mr. N. Ross, Mrs. E. Wilson and Alderman Mann be authorized to attend the Canadian parks/Recreation' Association Conference to be held in Cornerbrook, Newfoundland from August 1St to 19th, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that Mr. p. C,,mmings, Mr. N. Ross, Mrs. E. Wilson and Alderman Mann be authorized to attend the C~mdian parks/Recreation Association Conference in Cornerbrook, Newfoundland from August 15 - 19, 1976. No. 325 - City Manager - Re: Annual Conference of Clerks and Treasurers. The report reco~nuends that the City Clerk and City Treasurer be authorized to attend the 38th Annual Conference of the Assoeiation of Municipal Clerks and Treasurers of Ontario in Toronto from June 20 - 23, 1976. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fern, that the~' report be received and adopted. No. 326 - City Manager - Re: Anneal Conference of the danadish Building Offici Association. The report retreads that the Buildin~ & Development Go-Ordinat be authorized to attend the annual conference of the Canadian Building Officia Association in N~ntreal on June 9, 10 and ll, 1976. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. No. 327 - City Maoager - Re: Parking Lot Equipment. The report recommends ths the price of $6,588.00 submitted by Canadian Parking Equipment for the supply of parking lot equipment be accepted, ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fern, that th~ report be received and adopted. "" See Resolution No. No. 328 - City ManaRer - Re: Contract G.C. 14-76, Primary Services in Macdons: Subdivis ion. The report rec~us~ends that the unit prices submitted by Provinc: Construction (Niagara Fails) Limited be accepted and further .that the by-law authorizing the execution of the contract be given the necessary readings. ORDERED on the motion of Alderman Smeaton~ seconded by. Alderman Cheesman, thw the report be received and adopted. See Resolution No See By-law No. 76: ".No. 329 - City Manager - Re: Regional Waste Recovery System. The report prey information on the study undertaken to assess whether or not a front-end plans in the Region of Niagara would be viable, and the activities of co~ittees fo Co monitor the study. ~UD on the motion of Alderman Thomson, seconded by Alderman Chessman, the the report be received and filed. No. 330 - City Nsnsger - Re: Development of Commercial Lots - Falls Industris F~rk, The report rec~n4s chat Council approve an extension of the-eSteems -5 - with Strev Construction Company Limited which will provide that the necessary leases and plans be presented to the City on or before October 1, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. No. 331 - City Manager - Re: Purchase of Additional Land Adjacent to Grassy Brook Park. The report recommends that the purchase price of $3,000 be paid out of the funds which have been collected by the City for the "general service charge" imposed by the Committee of Adjustment and Land Division Committee as a condition of granting consents for land severances. In accordance with the above recommendation, the necessary by-law may be given the necessary readings. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received and adopted. See By-law No. 76-131 No. 332 - City Manager - Re: Belmont Avenue Turning Circle. The report recommends that Council pass a by-law to authorize an application for an Order closing the said Part 2 and upon obtaining such an Order, that the said Part 2 be conveyed to Mr. & Mrs. Larry Ivanoff upon the payment to the City of its disbursements. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and adopted. The motion ~prried with Alderman Schisler voting contrary, and all others in favour. See By-law No. 76.-132 No. 333 - City Manager - Re: Family Care Workers of Ontario Inc. Grant Request. The report advises that a request has been received from the Family Care Workers of Ontario Inc. for a one time grant of $300. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schtsler, that the report be received and filed, and the request denied. t No. 334 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received and adopted. RES OLUT IONS No. 61 - SMEATON - FERA - RESOLVED that the quotation submitted by Canadian Parking Equipment for the supply of parking lot equipment be accepted at the quoted price of $6,588,00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 62 - SMEATON - tREESMAN - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limi.~ed for the installation of prim. ry services in the Macdonald Subdivision, in the amount of $11,956.25, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ORDERED on be granted time: the motion of Alderman Crowe, seconded by Alderman Fera, that leave to introduce the following by-laws, and the by-laws be read a first No. 76-130 A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of sewer- mains and water services. (G.C. 14-76) No. 76-131 - A By-law to authorize the acquisition of land in the former Township of Willoughby for park purposes. (Grassy Brook Park) No. 76-132 - A By-law to authorize an application for the closing of part of Belmont Avenue on Registered Plan No. 97 for the former Township of Stamford. No. 76=133 .- A By-law to allow the maintaining and using of a buildin~which encroaches on Buttrey Street. (Bentleyts Sporting Goods) No. 76-134 - A By-law to provide monies for general purposea. Carried with Alderman Schisler voting contrary on By-law 76-132, and all others in fayour. -6 - - 7- ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the following by-laws be now read a second and third time: READ AND No. 76-130 - A By-law to authorize the execution of an agreement with Provincial, Construction (Niagara Falls) Limited for the construction of sewer~ mains and water services. (G.C. 14-76) MAYOR No. 76-131 - A By-law to authorize the acquisition of land in the former Townsh'~ of Willoughby for park purposes. (Grassy Brook Park) No. 76-132 - A By-law to authorize an application for the closing of part of Belmont Avenue on Registered Plan No. 97 for the former Township Stamford. No. 76-133 - A By-law to allow the maintaining and us ing of a building which encroaches on Buttrey Street. (Bentley's Sporting Goods) No. 76-134 - A By-law to provide monies for general purposes. SHRINER'S CREEK PROJECT NEW BUSINESS Conmtttee Room #1 May 31, 1976 Council met in Committee of on Monday, May 31, 1976, following a regular meeting of Council. All Members of Council were present. Alderman Puttick presided as Chairmen. Following consideration of the items presented, it was moved by Alderman Smeaton, seconded by Alderman Crowe, that the Committee of the Whole rise and report. a~a~ Carried with Alderm READ AND OPTED, Schisler voting con on By-law 76-132, a all others in favou:I MAYOR e Council Chambers His Worship, Mayor Bukator read a letter he had received from the Minister'~ of Natural Resources regarding the Shriner's Creek project. The Minister is prepared to approve the acquisition of the one parcel of land under option at a price of $183,000 with the grant not to exceed $92,000. r GRANTS IN LIEU OF TAXES - NIAGARA PARKS CObR4ISSION Alderman Crowe commented on the news' release made regarding the 1976 arrangement for payment of grants in lieu of taxes on Parks Commiss ion building such as restaurants, snack bars, gift shops and attractions. Several members of Council congratulated His Worship, Mayor Bukator for his efforts in bringing-: about the new arrangement. FOPa~ER FALI~VIEW FIREHALL Alderman Thomson advised that Mr. K. Moore who bad purchased the former Fallsview Firehall from the City, had not realized the amountof time that is involved in the rezoning and Official Plan amendment. Mortgage funds have been approved, and Mr. Moore is anxious to move in to the property and ceasenee renovations. The Alderman asked if it would be possible for the City to allow Mr. Moore to enter the building and start renovations while waiting for final approval to be received· The City Solicitor advised that it:-would be possible if Mr. Moore would be willing to provide the money, and undertske the work at hie own risk, it could be srranged. Because of the site plan involved and other details, the matter would have to be worked out with the solicitor for the purchaser. It was moved by Aldernmn Thomson, seconded by Aldermen Crows, that a report be prepared on the status of the Official Plan Amendment and the possibility of granting pemmission to Nr. Moore to enter the building and begin renovations as soon as possible. T~e motion Carried unanimously. EXCESSIVE NOISE OF MOTORCYCLES Alderman Smeston expressed hie concern over excessive noise caused by the muffling system on motorcycles in the City. Many of the modified machines ere extremely loud and would not pass the legislated guidelines which are in ~xistence, The Aldermen suggested that the ReSiorml Police be asked to enforce :more stron21y the regulstions regarding proper muffling systems on all motor vehicles including motorcycles, Aldermen Puttick end Thanson felt that the : problem was not one of local Jurisdiction, in view of the Provincial standards -, let out by legislation, It was suggested that the Regional Police be asked ~i~.Z etap~dsrds they use with regard to excessive noise of motorcycles, May 31, 1976 Council reconvened in open session following a meeting of Committee of the Whole. All Members of Council were present. His Worships Mayor Bukstor presided as Chairman. SETTLEbfiENT WITH LOCAL 133, C.U.P.E. Report No. 335 - City Manager - The report advises that the Management Negotiating Committee consisting of the City Manager, Director of Municipal Works, Deputy Treasurer, Maintenance & Operations Engineer and Personnel Officer unanimously recommends to Council acceptance of the settlement. Wages & Salaries - 10.3% increase; Meal Allowance - $3.00 after 4 hrs~; Vacations - 3 wks. after 3 yrs., 4 wks. after 11 yrs., 5 wks. after 20 yrs.; Shift Differential - 22¢ evening shift, 26¢ night shift; General Welfare Plan - Dental Plan 90% paid by Corporation. ' ORDERED on the motion of Alderman Chessman, seconded by Alderman Michael, that the report be received and adopted. The motion Carried with Alderman Schtsler voting contrary, and all others in ~vour. It was moved by Alderman Smeaton, seconded by Alderman Crowe, that the meeting adjourn to Connittee of t ole READ AND DOPTEDs ~,:~-.. - : Council Chambers May 31, 1976 Council reconvened in Committee of the Whole on Monday, May 31, 1976, All members of Council were present. Alderman Puttick presided as Chairman. Following consideration Smaaton, sdconded by and report. , it was moved by Alderman Countttee of the Whole rise :i It was moved by Aidean Seaton, seconded by Aldermen 8tawart, that the ,meeting Odl¢urn Co Commi;tee of CheW hole, P~AD AND PTED, -8- COUNCIL MEETING Council Chambers May 31, 1976 Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. 1976 NON-UNION SALARIES Report No. 336 - City Manager - The report recommends that the following percentage increases be applied to the salary schedule for Executive, Supervisory and Secretarial positions: Level SEC 1-3 - 10.3%; ES 1-3 - 10.3%; ES 4-5 - 10.0%; ES 6-7 - 9.5%; ES,8-9- 9.0%; ES 10-14 - 8.5%; and ES 15-18 - 8.0%. It is also suggested that changes be made in the Benefits By-law in line with those recommended for Union personnel relating to vacations and the dental plan. Members of Council expressed their views on the increases recommended for non-union personnel, both in fayour and against, during the dlscussion On this matter. NOTE: Alderman Thomson retired from the meeting. Following further discussion, it was moved by Alderman Smeatqn, seconded by Alderman Crows, that the report be received and adopted. The motion Carried. with the following vote: AYE: Aldermen Crows, Fern, Marrigan, Mann, Orr, Sehisler, Smeaton, Stewart and Chessman. NAYE: Aldermen Michael and Puttick. The meeting adjourned. READ AND FEED, / MAYOR · TWENTY-FOURTHMEETING ' Committee Room~l June 7, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, June 7, 1976. All Members of Council were present with the exception of ttis Worship, Mayor Bukstor, Aldermen Crows and err. Alderman Michael presided as Chairman. Following consideration of the items presented, the Committee of theWhole arose without reporting. . .~. READ AND ADOPTED, Council Chambers June 7, 1976 Council met on Monday, June 7, 1976 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 Bukator and Alderman err. Alderman Chessman offered the Opening Prayer. RES OLUT ION No. 63 - SMEATON - SCHISLER - RESOLVED that Alderman S .W. Thomson be appointed Presiding Officer for the meeting of Council on June 7th, 1976, during the absence of His Worship Mayor Bukator; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the minutes of the meeting of May 31, 1976, be adopted as printed. PRESENTATION OF ACHIEVEMENT AWARD Alderman Thomson, Pres iding Officer, presented Mr. Gary Stickl with an Achievement Award for his outstanding performance at the Junior and Juvenile Golfing Championship for Ontario recently. " : :' DEPUTATION LIFTING OF ONE FT. RESERVE - PETTIT AVENUE Comm. No. 91 - Mr. J. Hopkins - Re: Fir. & Mrs. C. Brady, 6771 Freeman Street. The communication requests thst the matter of a one ft. reserve on Block ~', Registered Plan 235, be plsced before Council for consideration. Mr. J. Hopkins was granted permission to address Council on the motion of Alderman Smeeton, seconded by Alderman Michael. Mr. Hopkins dis tributed copies of a map of the ares showing the property in question. It was advised that the Brady's had! owned this property for s number of years, prior to the completion of the subdivision in which Pettit Avenue is located. The developer of the subdivision had promised to install a driveway for the Brady's, but had not fulliliad this promise. When the subdivision was subsequently completed, all one ft. reserves, except that on Block "E" were lifted. Mr. Hopkins suggested thst the lsrge tractor-trailer owned by the Brsdyfs was being used as a "red herring" to prevent them from gaining access Co their property, It was requested that Mr. & Mrs, Brady be granted the same rights es other property owners, that beta8 the right of access to their property from Pettit Avenue, end further that Council pass a by-law lifting the one ft. reserve on Block "E", Plan 235, Mr. Hopkins answered a number of questions raised by members of Council. Mr. W. 81ovak was then 8ranted permission to address Council on the 'motion 0f Alderman Fern, seconded by Alderman Chessman. Mr. Sicyak advised - 2- that he represented Mr. M. Johnston, the adjacent property owner. When Mr. Johnston purchased his property in 1967, he purchased it knowing the one ft. reserve existed and served as a protection against any ultimate intrusion. Shortly after the construction of the Johnston home, the Brady's truck was being parked on the strip of land, and access was obtained from Pettit Avenue over the one ft. reserve. An attempt was made to reach a compromise by providing access from the former N.S. & T. Right-of-Way, however nothing came of these negotiations. In 1973, the one ft. reserve was stopped up and posts were placed to prevent access. These posts were knocked down and subsequently replaced in concrete. Since this time, no use has been made of the strip of land by the Brady's tractor trailer. Mr. Slovak requested that Council abide by the single-family residential spirit of the zoning by-law, by not allowing use of the land by commercial vehicles. photographs of the ~ rked tractor-trailer taken from the Johnston property were distributed. ~ During further discussion on the matter, Mr. Brady and Mr. Johnston provided additional comments on the history of the matter. Information was also provided by members of staff. It was moved by Alderman Rarrigan, seconded by Alderman Fare, that the one ft. reserve on Block "E", Plan ~235, not be lifted. The motion was Lost with the following vote: AYE: Aldermen Fare, Harridan, Smeaton, Stewart and presidin~ Officer Thomson. NAYE: Alderman Mann, Michael, Puttick, Schisler and Chessman. NOTE: Aldez~nan Crows declared a conflict of interest, and abstained from voting on the matter. It was then moved by Alderman Michael, seconded by Aldernmn Chessman, that the matter be tabled for one week to allow a review of the previous material on the matter. The motion Carried with the following vote: AYE: Aldermen Mann, Michael, Puttick, Schisler end Chessman. NAYE: Aldermen Fete, Harrigan, Smeaton and Stewart. COI~UNICATIONS No. 92 - Ministry Of Transportation & Communications - Re: Guide Signing, Highway ~420, City of Niagara Palls. The communication advises that 'the request for guide signing on Highway ~420 has been forwarded to the Regional Traffic Office, and that office is in the process of developing signing to facilitate the request as received. I ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the communication be received and filed. No. 93 - Mr. Roger Young, M.P. - Re: Domestic Wines on Canadian Air Flights. The communication advises of Mr. Young's concern in this matter and support of the City's position. A base of support extending beyond the Niagara Peninsula has gathered, and as this grows, they look forward to more and more recognition of Niagara's needs and hopefully to a solution which will benefit the area. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fare, that . the a copy of the communication be forwarded to Mr. D. Wiley, and further that the communication be .received and filed. No. 94 - Urban Development Institute Ontario - Re: U..D.I. Workshop Series 1975-76 - Niagara-Hamilton Regions, The Development Industry in Relation to Emerging Government Plans & policies. The communication requests that the U.D.I. Workshop be brought to the attention of municipal counnlllors. The workshop is to be held on June 16, 1976, at the Beadon Hotel. ORDERED on the motion of Alderman Crows, seconded by Alderman Fare, that the communication be received and filed. No. 95 - Niagara peninsula Conservation Authority - Re: Annual Council Tour. · ,The communication extends an invitation to members of Council, senior staff 'and their spouses to attend the annual Counoil Tour on June 13, 1976. ORDERED on the motion of Alderman 8meaton, seconded by Alderman Stewart, that) the communication be received and filed~ and further that as many members of Council end senior staff, as possible, attend the function. No. 96 -~Y~e~or James H. PatticitY, City alOehaws - Re: Government Bill 55, The Regi Municipalities Amendment Act, 1976. The comaunitarian advises of the concern of s number of elected representatives from local ares munic,ip~ littee on Bill 55, 'L~Ae Rellonsl Municipalities Amendment Act, and a resolutior unanimously adopted by these elected representatives regardinS.the proposed Bill. ORDERED on the motion of Alderman Crows, seconded by Alderman 8meaton, that -3 - the communication be tabled until Council has had an opportunity to review Bill 55, and the amendments to The Planning Act, specifically Section 35 (a) and (b). REPORTS No. 337 - City Manager - Re: 1976 Operating Budget. The 1976 Operating Budget for the City of Niagara Falls is submitted for the approval of Council. During the discussion on the 1976 Operating Budget, several members of Council commented on the expenditures contained therein, both in favour and opposed. Reference was also made to the Regional and educational levies contained in the mill rate. Alderman Puttick made a motion tomeke the 1976 non-union salary schedule effective June 1, 1976, eliminating retreatlive pay to January 1, 1976. This motion however, did not receive a seconder. The Alderman also suggested that consideration be given to the advisability of setting the non-union salary schedule in the fall prior to January of the following year. Alderman Harrigan indicated his approval of the budget in principal, but re-affirmed his previous opposition to a number-of grants to various organizations included in the budget. Following further discussion, it was moved by Alderman Smeaton, seconded by Alderman Crows, that the report of the City Manager be received and adopted, and that the 1976 Operating Budget be approved. The motion Carried with the following vote: AYE: Aldermen Crows, Fare, Harrigan, Michael, Puttick, Smeaton and Chessman. NAYE: Aldermen Mann, Schisler and Stewart. No. 338 - City Manager - Re: Rodent Control. The report recommends that the tenders for rodent control be divided into: 1) A lump sum for all City properties and sewers; 2) A price for baiting on private property except industries and farms; and 3 ) A price for bating and/or fumigation for groundhogs on private property except industries and farms. It is further recommended that the owners requesting rodent control on their property deposit the appropriate tender price and indemnify the City, its agents and the exterminator from any claims and consequences to animals, humans, land and crop arising from the extermination services, provided that these services comply with all pertaining ordinances. The Director of Municipal Works provided additional information in response to a number of questions raised by members of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. No. 339 - City Manager - Re: Buckley Avenue ~heme. The report provides the status of the land acquisition program in the Bucklay Avenue scheme based on the latest information available. It is recommended: 1) That the City offer to O.H.C. Lot 6 and Part Lot 20 in exchange for Lot 18 and Part Lot 17, now owned by O.W.C. as shown on the attached sketch subject to: (a) If, at the time of exchange, the buildings have been demolished by O.H.C. on Lot 18 and Part Lot 17, then the City will demolish the buildings on Lot 6 and Part Lot 20; (b) Successful negotiation for the acquisition of Part Lot 20 and completion of the purchase; (c) Successful completion of the zoning by-law amendment extending the same zoning privilege to Lot 20 ss is currently in effect for the balance of the O.H.C. lands. 2) That we continue our efforts to obtain the Niagara Textiles property. 3) After completion of the O.H.C. land exchange, we will cannanee proceedings for dosing a portion of Bucklay Avenue as shown on the second sketch sitached hereto. ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that the report be received and adopted, and that Council waive Condition "B" in an agreement between the Municipality and Mr. & Mrs. S. Clevette for the purchase and sale of part of Lot 19, in order that the transaction may proceed. The motion Carried with Alderman Smeaton voting contrary, and all others in fayour. No. 340 - City Manager - Re: Local Improvement Sidewalks in Front of 5672 Arthur Street. TMe report recommends that the Director of Municipal Works be authorized to proceed forthwith with the new sidewalk construction on the south side of Arthur Street in front of 5672 Arthur Street and Bouck Park frontage, and further that the Clty's share of these works be charged against the 1976 Operating Budget for new sidewalk construction (Urban Service Ares). ORDERED on the motion of Alde~nmn Schisle~, seconded by Alderman Fare, that ~h~}eport be received end adopted. -4- No. 341 - City Manager - Re: Former Oneida Tower - Signs. The report recommends that Council approve the issuing of permits for 4 signs proposed to be erected on each s ide of the former Oneida Tower. The walls on which the signs are to be placed exceed 2000 sq. it., which will permit Council to approve the signs having an area of more than 150 sq. ft. ORDERED on the motion of Alderman Michael, seconded by Alderman Schisler, that the report be received and adopted. See Resolution No. No. 342 - City Manager - Re: Niagara promotion Association & Recreation Conunissi! The report recommends that Council authorize staff to prepare an indepth study the Niagara promotion Association being affiliated with the Recreation Conunissic and that the study be presented to both parties and Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. No. 343 - City Manager - Re: Resolutions from Other Municipalities. 1. County of Perth - Requesting the Minister of Consumer and Cuu~aercial Relations to amend the Ontario Building Code Act:toprovide that the regulations will also .include farm buildings. Recommendation - That the resolution be endorsed. 2. City of Stratford - Requesting the Ministry of Housing to remove the Ontario Housing Corporation rent-geared-to-income housing from the provisions of the rent control guidelines. Recommendation - That the resolution be endorsed. 3. City of Windsor - Requesting the Premier and Minister of Health to introduce legislation to authorize payment of a 75% provincial subsidy on approved expenditures to Municipalities, Health Units or Boards of Health which carr~ out a mosquito spraying programme for the control of encephalitiS- Recommendation - That the resolution be endorsed. ORDERED on the motion of Alderman Crows, seconded by Alderman Fern, that the resolution from the County of Perth be received and filed. ORDERED on the motion of Alderman Crows, that the resolutions from Stratford and Windsor be endorsed. No. 344 - His Worship, Mayor Bukator - Re: Grant in Lieu of Taxes - Niagara Perks Commission. The report provides information on the agreement reached on the payment of taxes by the Niagara Parks Commission to the City of Niagara Falls. It is recommended that the by-law rescinding previous agreements with the Niagsra Parks Commission relating to the former sharing of costs for the maintenance of River Road, be given the necessary readings. ORDERED on the motion of Alderman Smearion, seconded by AldermenMann, that the report be received and adopted. gee By-law No. 76-1 No. 345 - City Manager - Re: Snmmer Schedule of Council Meetings. The report recommends that the following schedule of Council meetings be adopted for the st,mmer months of 1976z June 14, 1976, June 21, 1976 July 5, 1976, July 19, 1976, August 3, 1976, August 16, 1976, August 30, 1976, September 13, 1976, ane every week thereafter. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and adopted. No. 346 - City Manager - Re: Niagara Transit Service Centre Parking. The report recommends that a by-law be prepared to regulate the parking on the Niagara Transit Service Centre property. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessmen, that the report be received and adopted. No. 347 - City Manager - Re: Municipal Accounts. Reccnmuending payment of the municipal accounts. The City Manager provided an explanation of Cheque ~3793 in response to ~a question raised by Alderman gmeeton. ORDERED on the motion of Aldermen Michael, Seconded by Alderman 8chisler, that the report be received and adopted. RESOLUTIONS No. 64 - MEtaL ' 8CRISLER - RESOLVED that the appliesrich of Nisgsra Tower Sad Plaza to erect a wall ~ign of an area in excess of one hundred and fifty s feet, bu~ not to exceed one hundred and ei&hty'.squsre feet be approved{ AND tb 8sa[ of. the Corporation he here~o ~fix~d, Carried Unanimous - 5 - ORDERED on the motion of Alderman Crows, seconded by Alderman Harrigan, that leave be granted to introduce the following by-laws, and the by-laws be read a ~first time: No. 76-129 - A By-law to authorize the execution of an agreement with Edward Siebert and Mary Siebert for the purchase of land for the purpose of a housing project. (Buckley Avenue) No. 76-135 - A By-law to provide for the appropriations for the year 1976. No. 76-136 - A By-law to fix the rates of taxation and to provide for the levying Of taxes. No. 76-137 - A By-law to provide for the collection of taxes for the year 1976. No. 76-138 - 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. No. 76-139 - A By-law respecting sick leave credits, pensions and other benefits for employees. No. 76-140 - A By-law to authorize the sale of land and an agreement with respect to land adjacent to Houck Park. (S. P~ngue) No. 76-141 - A By-law to authorize the termination of certain agreements with the Niagara Parks Commiss ion. No. 76-142 - A By-law to provide monies for general purposes. Carried with Alderman M~nn voting contrary on By-laws 76-136 and 76-137, Alderman Schisler voting contrary on By-laws 76-136 and 76-137, and Alderman Smeaton voting contrary on By-laws 76-129 and 76-140. ORDERED on the motion of Alderman Crows, seconded by Aldermen Stewart, that the following by-laws be now read a second and third time: No. 76-129 - A By-law to authorize the execution of an agreement with Edward Siebe~t and Mary Sicbert for the purchase of land for the purpose of a housing project. (Bucklay Avenue) No. 76-135 - A By-law to provide for the appropriations for the year 1976. No. 76-136 - A By-law to fix the rates of taxation and to provide for the levying of taxes. No. 76-137 No. 76-138 - A By-law to provide for the coll~ction of taxes for the year 1976. - 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. No. 76-139 - A By-law respecting sick leave credits, pensions and other benefits for employees. No. 76-140 - A By-law to authorize the sale of land and an agreement with respect to land adjacent to Houck Park. (S. Plague) No. 76-141 - A By-law to authorize the termination of certain agreements with the Niagara Parks Commission. No. 76-142 - A By-law to provide monies for general purposes. Carried with Alderman Mann voting contrary on By-laws 76-136 and 76-137, Alderman Schisler voting contrary on By-laws 76-136 and 76-137, and Alderman Smeeton voting contrary on By-laws 76-129 and 76-140. NEW BUSINESS FIRES IN REFUSE CONTAINERS - WESTFIELD COURT. LASOALA SUBDIVISION Alderman 8meaton expressed concern over the fires deliberately started in refuse containers in Westfield Court of the Lagcala Subdivision, The Alderman felt that this matter should be brought to the publte's attention, in view of the danger created, end also the cost to the municipality to send a fire trunk out repeatedly through the week. -6 - CITY BIKEWAY ROUTE Alderman Harrigan advised that while he and his son had been riding bicycles along the bikeway route, when they had come to the former Hydro right-of-way at Dorchester and Mountain Roads, the entire route had been strewn with broken glass and bottles. The Alderman noted that at the entrance of the right-of-way, access to cars and trucks was not possible, however s motorcycle could get through. It was felt that the littering most likely occurred at night, and suggested the possibility of imposing a curfew on the use of the right-of-way. During the discussion on the matter, the City Manager indicated that he would have the right-of-way cleaned up. It was moved by Alderman Harrigan, seconded by Alderman Cheesman, that a report be prepared based on an inspection of the property, the legalities involved in imposing a curfew on the use of the property, and further opinions of staff on remedial measures. The motion Carried nnanimously. RECREATION COMMISSION SUM~R PROGRAM DIRECTORY 1976 Alderman Schisler directed Council's attention to the 1976 Sun~ner Program Directory issued by the Recreation Conmission, which had been ~stributed with Council material. The Alderman further advised that 23,000 of these directories had been mailed to households throughout the City. SPEED OF TRAIN~ Alderman Puttick requested the City Manager to check on the speed limit for trains in the area of Montrose, Dr,mmond and Dorchester Roads. The Alderman asked that if there was a speed limit, that the people in charge enforce it. Alderman Smeaton advised that the tracks near the Canadian Rome Products Ltd. were also bad. Alderman Marrigan suggested the possibility of police monitoring of speeds, if it is within their Jurisdiction. UNOPENED ROAD ALLOWANCE - BRUCE AVENUE The Director of Municipal Works advised that Bruce Avenue is an unopened road allowance near Dorchester and McLeod Roads, having a depth of one lot and contains a one ft. reserve. The Region is presently reconstructing McLeod Road in the area. An application has been received from the owners of the land to sever a portion of the land in order to develop. The intention is to have some kind of condominium project that will ultim~tely proceed in the area. On the south side of McLeod Road there is a 54" diameter storm sewer, and along the north side a sanitary sewer and a watermain. There would be a problem if these services were extended after the reconstruction of MaLeod Road. The Director of Municipal Works recomended that the necessary services be extended to the north limit of the curb end of the Region's contract, and that monies from By-law 73-267 be used for the cost of the services. One of the conditions of the removal of the one ft. reserve would be payment of the installed services. The funds would be regained when the ].ands to the north are developed. It was moved by Alderman Smeaton, seconded by Alderman Mann, that the recommendations of the Director of Municipal Works be adopted. The . motion Carried unanimously. WILLOUGHBY CENTENNIAL PARK Alderman Stewart requested the Director of Municipal Works ~o look into the condition of the Willoughby Centennial Park. Apparently the weeds and grass are very high, and the Alderman felt that since money had been spent to develop the park, it should bemaintained. It was moved by Alderman Fern, seconded by Alderman Mann, that the .meeting adjourn to Committee of the Whole. READ ANO AOOPT"-O, ~"~ PMBIDI~ - 7 - COMMITTEE OF THE WHOLE 6ommittee Room~l June 7, 1976 Council met in Committee of the Whole on Monday, June 7, 1976, following a regular meeting of Council. All Members of Council were present with the exception of His Worship, Mayor Bukator and Alderman err. Alderman Michael presided as Chairman. Following cons ideration of the items presented, the Committee of the Whole arose without reporting&,~,, READ AND ADOPTED, Council Chambers June 7, 1976 Council reconvened in open sess ion following a meeting of the Committee of the Whole. All Members of Council were present with the exception of His Worship, Mayor Bukator and Alderman err. Alderman Thomson presided as Chairman. The meeting adjourned. READ AND ADOPTED, TWENTY-FIFTH F~ETING Connnittee Room ~1 June 14, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, June 14, 1976. All Members of Council were present with the exception of His Worship, Mayor Bukator. Alderman Mann presided as Chairman. READ ANDADOPTED, Council Chambers June 14, 1976 Council met on Monday, June 14, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were presen~ with the exception of His Worship, Mayor Bukator. Alderman Crows offered the Opening Prayer. RESOLUTION No. 65 - CHEESMAN - ORR - RESOLVED that Alderman S.W. Thomson be appointed Presiding Officer for the meeting of June 14, 1976, and that he be appointed as Acting Mayor during the absence of His Worship, Mayor Bukator for the week of June 14 - 19, 1976; AND the Seal of the Corporation be hereto affixed. Carried Una.nimously ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the minutes of the meeting of June 7, 1976, be adopted as printed. DEPUTATIONS MULHERN PARK Report No. 348 - Recreation Commission - The report advises of m~etings held by the LNorthweat Area Recreation Board regarding the Mulhern Park, wherein it has been determined that the area residents are in opposition to the land exchanges carried out in this area. The residents want the park to be left in its present location, and wish to exchange the elementary Separate School grounds with the parkland north of the Hydro right-of-way. Mr. W. Rookley, a member of the Northwest Area Recreation Board, was granted permiss ion to address Council on the motion of Alderman Mann, seconded by Alderman Smeaton. Mr. Rooklay expla ined the history of the meetings held on this subject, and the comments of the area residents at the public meeting. The ares residents wish the park to remain in its present location. The Mulhern family have indicated that they felt the park was donated to the tee idents in the area, and wished it to remain in its present location as their father had intended. It was suggested that the two senior elementary schools be placed side by side with s possible sharing of facilities. The residents were also concerned about the two lots formerly designated as park land. They asked who would profit from the sale of these lots which are to be severed. The Director of Municipal Works advised that the two lot8 would be sold on the market by the City, and the monies would be used for tho acquisition of park land.' No profit would be involved in the sale of the lands. In response to several questions raised on the land exchanges, the Planning Director provided an explanation of the exchanges carried out by the City, the Separate School Board, public School Board and a developer in the area, The Planning Director further advised that it would be possible to deal with the Separate ~chool Board on the land exchange, and did not anticipate any major problem. It was stressed at the meeting hOWever, tha~ the City did not own the l~nd, - 2 - and would have to deal with the Separate School Board in order to effect the transaction. Following further discussion, it was moved by Alderman puttick, seconded by Alderman Michael, that Council concur with the request of the Northwest Area Recreation Board that Mulhern Park remain in its original location, that staff be authorized to negotiate with the Separate School Board to determine if the necessary reversion of affected properties can be carried out, and further that a report on the staff findings be prepared for Council. The motion Carried unanimously. FAILURE OF WEEPING TILE - 7285 FREEMAN STREET Mr. T.E. Clark of 7285 Freeman Street was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman.Stewart. .Mr. Clark advised that. he. had purchased his home foul years ago, and shortly afterwards. had noticed a drainage problem on the property. Heritage Homes, the company that had built the home had been contacted immediately, and several minor ~ attempts were made to correct the situation. Mr. Clark proceeded to explain ~ the difficulties he had experienced with the contractor in attempting to correct the improperly installed weeping tile, and the measures he had taken in seeking assistance with the problem. Mr. Clark asked if Council would have the City inspect his property and obtain a report from the contractor involved. It was further advised that a gentleman from St. Catharines was experiencing similar problems with this contractor, and Mr. Clark felt that the City should be concerned since this contractor was buildin~homaa in Niagara Falls. In response to a question raised by Alderman Smeaton, the City Solicitor advised that if there is an allegation that the City's inspectors did not perform their Jobs satisfactorily, the City could investigate that matter. The Solicitor was of the opinion that the City should not become involved in disputes between a home owner and a contractor, and that if Mr. Clark wished to pursue that matter, the problem should remain with his solicitor. The Building &Development Co-Ordinstor advised that when his Department ~ had first become involved in the matter, an inspection was made of the property.. Attempts were made to contact the construction firm, and finally Mr. E. iangend~ of the firm had been requested to look into the matter personally. It was then that the firm commenced some repair work. The Building & Development Co-Ordinator was of the opinion that the City had fulfil~ed its moral obli~ation in the matter, and that nothing further could be done. UNFINISHED BUSINESS '~ SHRIWER'S CREEK Report No. 349 - City Manager - Re: Engineering Agreement with Proctor & Redfern tot t~e Shriner's Creek Control Dema Project. The report reckends that the by-law authorizing the execution of theeengineering agreement with proctor & Red fern Ltd. be approved. ORDERED on the motion of Alderman Crowes seconded by Alderman Fern, that the' report be received and adopted. See By-law No. 76-1q pROPOSED DEVELOPI~NT OF 84-UNIT APART~NT BUILDING AND THE PRESENCE OF I~THANE GAS - HOUCK PARK Report No. 350 - City Solicitor - The report advises of a requested change in the aSreemant between the City and the owner of the lands on which the apartme~ building is to be erected. The request is for a provision in the agreement as to the obligation of the City to maintain and repair the forced draft evacuation system which the City is to be permitted to install on the owner's .land and proposed building. The request is considered reasonable, and it is !rats=mended titst Council authorize the inclusion of the provision in the agreement o ORMRED on the motion of Alderman Mann, seconded by Alderman Crows, that the report ba received and adopted. The motion carri,ad, with Alderman Puttick voti ,co~_trar. y, and all others tn fevour. C(B~NICATION8 -3- the consideration and eventual adoption if Council feels there is a need. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the communication be referred to staff for study and a report. No. 98 - Ministry of Transportations & Communications - Re: Sand Plant Hill. The communication advises of remedial action with regard to the Sand Plant Hill on the Queen Elizabeth Way. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the cor~aunication be received and filed. NOTE: Alderman Orr was absent when the vote was taken on this matter. No. 99 - Ontario Energy Board - Re: Notice of Application and Hearing - Consumers' Gas Company. The communication advises of an application by Consumersm Gas Company regarding increased rates, and a hearing set for June 24, 1976; and October 7, 1976 for hearing of the application. ORDERED on the motion of Alderman Crows, seconded by Alderman Stewart, that the communication be received and filed. No. 100 - Italian Earthquake Fund - Re: Contributions for the Victims of the Italian Earthquake. The communication requests contributions to help the suffering victims of the recent earthquake in Italy. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Crows, Harrigan, Mann, Michael, Orr, Puttick, SchiSler, Smeaton and Stewart. NAYE: Aldermen Fern, Chessman and Thomson. No. I01 - Setting Free - Re: Charitable Drive to Aid in the Muscular Dystrophy Association of Canada Patient Care & Research Programme. The communication requests that the week of July 3 - 11, 1976, be proclaimed as Muscular Dystrophy Week. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the communication be received, and the request approved subject to the ea tablished policy on proclamations. REPORTs No. 351 - Planning & Development Committee - Re: AM-13/76, I. Popovich, Lundy's Lane. The Committee recommends that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing, and further that the application be approved subject to Development Control. ORDERED on the motion of Alderman Mann, seconded by Alderman Crows, that the recommendations of the Plannir~ & Devel~opment CommitC~e be adopted. See Resolutio.n No. 67 See By-law ~?... 76-144 No. 352 - Planning & Development Conduittee - Re: AM-18/76, W.S. Helstrom, Montrose Road. The Co~mnittee recommends that the application be denied. ORDERED on the motion of Alderman Michael, seconded by Alderman Orr, that the recommendation of the Plannin~ & Development Committee be adopted, and the application denied. No. 353 - City Manager - Re: Development Plan Approval, Proposed 99 Unit Town~ouse Development, Thorold Stone Road, AM-8/71. The report recommends that Council approve the Development Plan as submitted, and further that the by-law autho~izin8 the execution of the Development Agreement be passed. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the report be received and adopted. See By-law ~q. 76-145 No. 354 - City Manager - Re: Use of Wil.linEer Street as an Access to Solar Subdivision. The report advises of a request received from the subdivider that the permanent posts erected along the one ft. reserve on the east limit of the existing Willin~cr Street be removed, and thac the one ft. reserve be also l£fted. The posts in question were originally erected at the request of Wfllinger Street ares residents. Alderman Thomson, Presiding Officer, advised that he had spoken to several of the area residents, and they were still of the opinion that the posts should remain in view of the safety and dust problems. h~ -4- Mr. W. Waiters was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Chessman. Mr. Welters advised that Lots 5 and 6 of Plan 239, were used as an access route to serve the Wedgewood Subdivision. Mr. Welters felt that the posts should be removed to provide the same type of emergency access to the Solar Subdivision. Regarding the residents of Willinger Street and their complaint about trucks using the street, Mr. Waltera pointed out that every street in the City is used by trucks, and no other subdivision has posts prohibiting trucks from entering. The Director of Municpal Works pointed out that these posts could be removed quickly if there was an emergency in the subdivision. As far as the two lots were concerned, they can be released in that they are no longer required for emergency access. In response to other questions raised by members of Council, the Director of Municipal Works provided additional information. Following the discussion, it was moved by Alderman Michael, seconded by Alderman Mann, that the permanent posts erected along the one ft. reserve at the easterly limit of the existing Willinger Street be removed, and further that the one ft. reserve be lifted. The motion Carried with the following vote: AYE: Aldermen Crows, Harrigan, Mann, Michael, Orr, Puttic~, and Chessman. NAYE: Alderman Fete, Schisler, Smeaton and Stewart. It was then moved by Alderman Michael, seconded by Alderman Mann, that Lots 5 and 6 of Registered Plan 239 be released to the developer in order that building permits may be issued on these lots. The motion Carried unanimously. No. 355 - City Manager - Re: L.I.P. Projects. The report advises of the completion of two L.I.P. Projects: 1) Mapping of the City's sewermains and watermains; and 2) City Policy and procedural Manna1 and City Brochure. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received, and both projects kept up-to-date by staff, end further that letters of thanks be sent to the five employees involved in the preparation of the documents. No. 356 - City Manager - Re: Contract R.C. 15-76, Finished Roads in Dorchester Park Extens ion I Subdivis ion and Dorchester South Subdivision. The report rec~u~ends that the unit prices submitted by Venttells Bros. Construction be accepted and that the by-law authorizing the execution of the contract agreemem be approved. ' ORDERED on the motion of Alderman Mann, seconded by Alderman Fera,.that the report be received and adopted. See Resolution No. See By-law No. 76- No. 357 - City Manager - Re: Oakes Park. The report advises that certain sections of the stands around the main hall diamond are in need of repair and/ or replacement, and investigations are being undertaken to determine the extent of the problem. A further report including recommendations for future action will be wade to Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that · the report be received and filed. No. 358 - City Clerk - Re: AM-18/75, J. Dow, North Side of Elizabeth Street. The report advises that the Ontario Municipal Board has appointed Monday July 26, 1976 at 11:00 a.m. in the City Mall Council Chambers for the hearing of all parties interested in supporting or opposing the subject application. ORDERED on the motion of Alderman Mann, seconded by AldermanSchisler, that the date be noted and the report be received and filed. No. 359 - City Mansger- Re: Time Clock for Niagara Falls Memorial Arena. The report recommends that the quotation of Roto-Matic Display Signs Ltd. for the supply and installation of s four-sided digital score board, be accepted, and further that the City Treasurer be authorized to take all necessary steps to ; obtain advertising on the timer. ORDERED on the motion of Alderwan 8chtsler, seconded by Aldermen Puttick, that the report be received and adopted. See Resolution No. No. 360 - Cit~ Bansget - Ref Roadway Improvements Clifton Hill, Falls Avenue and Centre 8Crest. T~e report recommends that: A) The necessary by-laws be prepared to 1) Make Cantre 8treat one-way westbound from Victoria Avenue to EllenAvenue| 2).a~verse the atered perking on Centre Street from the.norther 5 - 5 - side to the southerly side; 3) Prohibit parking on both sides of Falls Avenue adjacent to the Fox Head Hotel with provision made for bus loading and unloading zones on the westerly side; 4) Parking be prohibited on the westerly side of Falls Avenue adjacent to the Brock Hotel from June 15 to September 15 and that provision be made for this time period for a bus leading and unloading zone; 5) Prohibit parking on both sides of Oneida Lane from Clifton Hill to its northerly terminus; B) The Region be informed that the City of Niagara Falls is in favour of the following recommendations on a trial basis only: 1) The prohibition of parking on both sides of Clifton Hill from Oneida Lane to Victoria Avenue; 2) The prohibition of parking on Clifton Hill from the first three spaces on the eastbound approach to Falls Avenue; C) The prohibition of pedestrian crossings on the southerly side of the Victoria Avenue/Centre Street intersection not be done at this time. The Projects & Services Engineer provided additional information in response to a number of questions raised by members of Council. ORDERED on the motion of Alderman Michael, seconded by Alderman Puttick, that the report be received and adopted. No. 361 - City Clerk - Re: Advisory Report. 1) Miss Dominion of Canada Pageant - Inviting the Mayor and Members of Council to greet the Miss Dominion of Canada contestants in front of the City Mall on June 28th st 11:00 a.m.; also requestin~ Council to sponsor a noon luncheon at the Brock Hotel. Recommendation - That the requests be granted as in previous years; 2) Niagara Falls Family Y.M.C.A. - Requesting permission to operate a beer garden at the Sports Festival to be held at Oakes Park August 31 - September 6, 1976. Reconnendation ~ That the request be approved subject to the applicant receiving approval from the Fire and Police Departments, the Regional Health Unit and the Liquor License Board of Ontario. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the report be received and adopted. NOTE: Alderman Crows was absent when the vote was taken on this matter. No. 362 - City Manager - Re: Building Permits. Breakdown of the permits issued by the Building & Development Department for the month of May, 1976. ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that the report be received and filed. NOTE: Alderman Crowe was absent when the vote was taken on this matter. No. 363 - City Manager - Re: Municipal Accounts. The report recommends payment of municipal accounts. The City Treasurer provided information regarding Cheque ~3985 in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Schisler;~'~econded by Alderman 0rr, that the report be received and adopted.. No. 364 - City Manager - Re: Local 528, Niagara Falls Professional Fire Fighters. The report reco~nends that a settlement of 9.4% increases effective January 1/76 and the provision of the Delta Dental Plan effective July 1/76, 90% paid by the City, be ratified by Council, and that the by-law authorizing the Collective Agreement for the year 1976 be passed. ORDERED on the motion of Alderman HartlEan, seconded by Alderman Smeaton, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and Aldermen Mann and Thomson abstaining on a conflict of interest. See By-law No. 76-151 RESOLUTIONS No. 65 - SEE PAGE ONE. No. 66 - CRCWE - STEWART - RESOLVRD that the Council of the Corporation of the City of Niagara Falls, hereby certifies that the application of the City of Niagara Falls for the rezoning of 4883 Bucklay Avenue, conform to Official Plan Amendmant No. 28 of the Niagara Falls Planning Area as amended and appro~ed by the Minister of Housing; AND the Seal of the Corporation be hereto affiXed. Carried with Alderman Smeaton voting contrary and all other~ in fayour.' No. 67 - MANN - CiOWE - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that the application of Ivan Popovich -6- for the rezoning of Part of Township Lot 139, situated on the south s ide of Lundy's Lane, 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 heroic affixed. Carried Unanimously No. 68 - MANN - FERA - RESOLVED that the unit prices submitted by Ventrella Bros. Construction Limited for the construction of finished roads in the Dorchester Park Extension I Subdivision and Dorchester South Subdivision, be accepted st the tendered price of $41,130.00; AND the Seal of the Corporation be heroic affixed. Carried Unanimously No. 69 - SCHISLER - PUTTICK - RESOLVED that the quotation submitted by Roto-matic Display Signs Limited for the supply and installation of a four- sided digital score board at the Niagara Falls Memorial Arena, be accepted at the quoted price of $16,500~001 AND the Seal of the Corporation be heroic affixed. Carried Unanimously B Y- IAWS ORDERED on the motion of Alderman Crowe, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first No. 76-143 - A By-law to authorize the execution of an agreement with Proctor ~ and Redfern Limited for engineering services. (Shriner's Creek Control Dams) No. 76-144 - A By-law to amend By-laws 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (I. Popovich, Lundy's Lane) No. 76-145 - A By-law to authorize the execution of a development agreement with Corald Developments Limited. No. 76-146 - A By-law to authorize the execution of an agreement with Ventrolls Bros. Construction Limited for the construction of finished roads in Dorchester Park Extension Subdivision and Dorchester South Subdivision, (R,C, 15-~6) No. 76-147 - A By-law to authorize the execution of agreements with Klydel Holdings Inc, and Kerry T, Howe Limited respecting engineering services for a proposed subdivision. No. 76-148 - A By-law to prescribe standards for the maintenance and occupancy of non-residential property. No. 76-149 - A By-law to amend By-law No. 5335, 1955 as amended. (Siebert on Bucklay Avenue) No. 76-150 - A By-law to provide monies for general purposes. No. 76-!51 - A By-law to authorize an agreement with the Niagara Falls professi0 Fire Fighters, Local 528 of the International Association of Fire Fighters. Carried with Alderman Schisler voting contrary on By-laws 76-148'and 76-151, ant Aldermen Mann and Thomson abstaining on a conflict of interest regarding By'law No~176-151. ORDERED on the motion of Alderman Fete, seconded by Alderman Crowe, that the following by-laws be now read a second and third time: No. 76-143 - A By-law to authorize the execution of an agreement with Proctor & Redearn Limbted for engineering services. (ghriner's Creek Control l~ms) No. 76-144 - A By-law to amend By-laws 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended (Ivan Popovich on Lundy's Lane) - 7- No. 76-145 - A By-law to authorize the execution of a development agreement with Corald Developments Limited. No. 76-146 - A By-law to authorize the execution of an agreement with Ventrella Bros. Construction Limited for the construction of finished roads in Dorchester Park Extension Subdivision and Dorchester South Subdivision. (R.C. 15-76) No. 76-147 A By-law to authorize the execution of agreements with Klydel Holdings Inc. and Kerry T. Howe Limited respecting engineering services for a proposed subdivision. No. 76-148 - A By-law to prescribe standards for the maintenance and occupancy of non-residential property. No. 76-149 - A By-law to amend By-law No. 5335, 1955 as amended. (Siebert on Buckley Avenue) No. 76-150 - A By-law to provide monies for general purposes. No. 76-151- A By-law to authorize an agreement with the Niagara Falls Professional Fire Fighters, Local 528 of the International Association of Fire Fighters. Carried with Alderman Schisler voting contrary on By-laws 76-148 and 76-151, and Aldermen Mann and Thomson abstaining on a conflict of interest regarding By-law No. 76-151. NEW BUSINESS CITY BIKEWAY ROUTE Alderman Puttick advised that he had received a call from a citizen regarding the use of mini-bikes in the former Hydro right-of-way, which forms part of the City bikeway route. Apparently mini-bikes are driving through and picking cherries from an orchard adjacent to the right-of-way. Alderman Thomson advised that he had also received calls on this matter, and felt that stricter policing of the area should be carried out. Alderman Puttick 'requested that this aspect of the problem be included in the report being prepared by staff as requested at the June 7, 1976 meeting. LETTER OF COMPLAINT Alderman Puttick advised that he had received a call from a Mr. A. Fry living on Victoria Avenue, who had written a letter of complaint to the City regarding the property adjacent to his home, and had not received a reply. The City Clerk indicated that he would investigate the complaint. NEWSPAPER ARTICLE RE: NIAGARA FALLS Alderman Puttick advised that he had received a copy of an article appearin~ in the Montreal Gazette, that was highly critical of Niagara Falls as a tourist centre. The Alderman requested that the article be distributed to members of Council with the next agenda for information purposes. It was moved by Alderman Crowe, seconded by Alderman Orr, that the meeting adjourn. REACT~.ND ADOPTED, PRESIDING OFFICER s su TWENTY-SIXTH MEETING Council Chambers June 21, 1976 Council met on Monday, June 21, 1976 at 7:30 p.m. for the purpose of considerleg general business. All Members of Council were present with the exception of Alderman Smeaton. His Worship, Mayor Bukator presided as Chairman. Alderman Fern offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick requested that the motion relating to the lifting of the one foot reserve at the easterly limit of Willinger Street (Report No. 354) be reconsidered during considerationof the deputation of Mrs. G. Ford. ORDERED on the motion of Alderman Fern, seconded by Alderman Mann, that the minutes of June 21, 1976, be adopted subject to reconsideration of the lifting of the one foot reserve at the easterly limit of Willinger Street. DEPUTATION OME FOOT RESERVE - WILLINGER STREET Comm. No. 102 - Residents of Willinger Street - A petition containing nineteen signatures requests the City to replace the truck barrier which was authorized removed one week ago. Comm. No. 103 - Mr. S. Black - Expressing concern over Council's decis ion to lift the one foot reserve on Willinger Street, and removal of posts prohibiting tr~ck traffic on Willinger Street. Mrs. G. Ford was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Orr. Mrs. Ford advised that the residents of the area wished the posts to remain in order to prevent construction traffic from using Willinger Street as an access route into the Solar Subdivision. Since the majority of children in the area are under the age of six, the number of trucks using the street would pose a hazard to these children. Mrs. Ford stated that one day, fifty-five trucks were counted us ing this access. In response to a question raised by Alderman Thomson, Mrs. Ford confirmed that trucks were using the Hydro right-of-way ss an alternate access route, however she was not sure if permission had been obtained from Hydro. Members of Council reviewed the previous decision made on June 14, 1976, in light of the comments made by the area residents in opposition to the removal of posts and the lifting of the one foot reserve. Members of staff provided additional information in response to questions raised by members of Council. It was moved by Alderman Thomson, seconded by Alderman Puttick, that the one foot reserve along the easterly limit of the existing Willinger Street not be lifted, that the permanent posts prohibiting truck traffic be re-installed, and further that discussions be held with Ontario Hydro regarding possible use of their right-of-way as an alternate access route into the Solar Subdivision. The motion Carri.ed with the following vote: AYE: Aldermen Fern, Orr, Puttick, Schisler, Stewart, Thomson and Chessman. NAYE: Aldermen Crows, Harrigan and Mann. UNFINISHED BUSINESS APPLICATION OF MR, & l{~S. G. BRADY TO LIFT ONE FOOT RESERVE Report No. 365 - City Manager - Attached to, and outlined in the report, is a history of the background relating to this matter. The report reco~nends that Council re-affirm its earlier decisionas and not remove the one foot reserve. Mr. J. Hopkins was granted permission to address Council on the motion ofAlderman r. seennd.d byAldsrmanstewsrt. Z' of the ares were present in Council Chambers in pp e by Mr. &Mrs. Brady-to have the one foot reserve lifted. It was f, rther advised by Mt. Hopkins that his submission was that since there is no provision in the zonin8 by-law prohibiting Mr. Brsdy from parkin8 his truck on his property, he wss entitled to use his property for this purpose, and further that the Brsdy'e are entitled to the same right of access to their property as others in the neighbourhood. Further information in support of the request was provided by lit. Hopkins. NORM: Alderman Michael arrived st the meeting. - 2 - It was then moved by Alderman Thomson, seconded by Alderman Nann, that Mr. W. Slovak be granted permission to address Council. Nr. Slovak stated that the real issue under consideration is whether Council will permit trucks, tractor-trailers and commercial vehicles in residential areas. When ~r. Johnstc originally purchased his property, he did so with the knowledge that the one foot reserve existed, dud would preserve the single-family residential zoning of the area. Mr. Slovak pointed out that many of the neighbours supporting the Brady's lived on Freeman Street, and would not be directly affected by the lifting of the one foot reserve, however Mr. Johnston would be affected. It was requested that Council not permit a co~nercial vehicle in a single family residential area. Mr. Slovsk provided additional information in response to questions raised by members of Council. During the lengthy discussion on this matter, reference was made to the draft zoning by-law, and a provision therein that would prohibit this type of vehicle in a residential area. It was pointed out by the Planning Director that with the time period involved in finalizing and processing this document and the probable O.M.B. hearing, it was unlikely that the by-law would officiall': come into force for a considerable length of time. While Mr. Brady's right of access to his property was not disputed, several members of Council expressed the concern that allowing him to use the property to park the tractor trailer would create a precedent, and could result in future problems throughout residential areas of the City. Following considerable discussion, it was moved by Alderman Orr, seconded by Alderman Puttick, that the one foot reserve shown as Block "E" on Registered Plan 235 be lifted. The motion was Defeated with the following vote: AYE: Aldermen Mann, Orr, Puttick, Schisler and Stewart. NAYE: Aldermen Fern, Marrigan, Michael, Thomson, Cheesmen and Mayor Bukator. NOTE: Alderman Crowe abstained from voting on a conflict of interest. It was then moved by Alderman Thomson, seconded by Alderman Cheesman, that the report recommending that the one foot reserve be not lifted, be received and adopted. The motion Carried with the following vote: AYE: Aldermen Mann, 0rr, Puttick, Schisler and Stewart. I~YE: Aldermen Fera, Harrigsn, Michael, Thomson, Cheesman and Mayor Bukator. NOTE: A~dermen Crowe abstained from voting on a conflict of ~nter~stT NOTE: Aldermen Mann and Puttick retired from the meeting. REGIONAL SLUDGE DISPOSAL SITE Communication No. 104 - MiniStry of the Envir0r~ent - Re: Results of Public Hearing - Regional Sludge Disposal Site. The communication advises that the Environmental Assessment Board has recounaended that the site is suitable for the purposes intended subject to the submission of satisfactory 'plans and specifications. Mr. James Haslet was granted permission to address Council on the motion ~ of Aldermen Michael, seconded by Aldermen Thomson. Mr. }Easier expressed the concern of the area residents over the decision handed down by the Environments]. Assessment Board. During the hearing, many questions Were not answered to the satisfaction of the area residents. Mr. tinslet advised that at the end of the hearing, the Board Chairmen indicated that no further submissions would be accepted, however the Region did make further submissions. The number of homes within 100' of the site was reduced by two thirds. Certain ~uestions placing the Region in a bad light were not answered. Mr. Has let expressed concern that the Region would commence work on the project without receiving the necessary approvals from the City. It was-requested that the City re-affirm its opposition to the proposal. Mr. Haslet further requested that the City consider hiring Mr. D. Estrin, a lawyer specializing 'in environmental cases, to represent the City during the.rezoning. During the discussion, His Worship, Mayor Bukator indicated that the City would be represented by its legal staff at any future hearings on the me~ter. It was also pointed out by several members 'of staff, that the established procedure on the rezoning should be followed, and the issue should not be pre-Judged until the application for rezonin~ has officially been made. Following further discussion, it was moved by Alderman Schisler, seconded by Alderman Fern, Chat COuncil re-affirm its opposition to the Regionts proposal to locate s sludge disposal site in the southwest section of the City. The motion Carri~ with Alderman Chessmen voting contrary, and all others.in fsvour. - 3- COMMUNICATIONS No. 105 - Regional Municipality of Niagara - Re: Downtown Guide Signing - Stanley Avenue. The communication advises that the Region is unable to erect additional overhead guide signing to downtown Niagara Falls on Stanley Avenue, but will replace the existing roadside guide signs and expand the message to include directions to downtown. ORDERED on the motion ofAlderman Crowe, seconded by Alderman Stewart, that the conmunication be received and filed, and a copy forwarded to the Board of Management of the Downtown Business Improvement Area. No. 106 - Regional Municipality of Niagara - Re: Regional Mosquito Control Program. The communication provides information on the Region's Mosquito Control Program. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schis let, that the communication be received and filed. REPORTS No. 366 - City Manager - Re: Annual Equipment Report. The report is submitted for information purposes only. ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that the report be tabled for two weeks. No. 367 - City Manager - Re: 8646 Willoughby Drive Condominium, Berkhout Holdings Ltd. The report recommends preliminary approval of this condominiUm subdivis ion proposal subject to eight conditions; reconmends passage of the by-lsws adopting the Official Plan Amendment and the rezoning; and recommends that Council certify by resolution that the application will conform to Official Plan Amendment No. 3!0 of the Niagara Falls Planning Area when Amendment No. 83 is approved by the Minister of Hous ing. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. See Resolution No. 70 See By-law No. 76-153 No. 368 -. City Manager - Re: Rainbow Gardens - 52 Unit Condominium on Dunn Street. The report advises of a co~nunicatton from Mr. A.F. Atherton, objecting to the use of the City'a Condominium Policy for the subject project. It is recommended that all requirements of the approved Condominium Policy be used for the Rainbow Gardens Condominium proposal on Dunn Street. Mr. A. Atherton was granted permission to address Council on the motion of Alderman Orr, seconded by Aldermen Stewart. Mr. Atherton advised that he represented Corald Developments Ltd. Approval of this project was granted in June of 1974, and at that time the Municipality was in theprocess of formulating a policy on condominium developments. That ~olicy was approved by Council on March 10, 1975 and made retroacttve to January 1, 1975. Corn ld Dave lopments had applied for a building permit on February 25, 1975, and subsequently received the permit on March 20, 1975. Corald proceeded to build the units and based the sale of the units on the impost fee of $125 per unit in accordance with By-law~ 73-267. When the project was completed, in accordance with policy, application was made to the Municipality and the Ministry of Housing for draft plan approval. At that time (April 1976) Corald received a list of payments that would be required by the Municipality prior to regis tration of the plan. Mr. Atherton outlined the various payments required by the Municipality. Corald is now requesting that the plan of subdivision be approved and that Corald Developments be charged $4840 over and above the $6250 already paid. Mr. Atherton advised that Corald Developments had never been notified of the change in policy, and the building permit was issued without advising Corald of the additional costs. The Director of Municipal Works advised that when this policy was considered by Council, consideration was given to the establishment of the effective date. The developer was then aware that the policy was being processed. Regarding the costs involved, it was advised that the City had recently received O.M.B. approval on an expenditure of $1,800,000 to provide storm sewer facilities in this area which was one of the requirements of ~his development. The expenditure will be made from Municipal funds~ and will allow the project to proceed. It was explained thet the policy is considered correct, and does not always meet every circumstance. The Planning Director further advised that the proposal was approved as a condominium project prior to adoption of the policy, but approval was on exactly the same basis then as now. The policy did not change, it was simply put in writing and dates clarified. -4- Following consideration, it was moved by Alderman Schisler, seconded by Alderman Fern, that the report be received and adopted. No. 369 - City Manager - Re: Licensing of Green Oaks Mobile Home Park - Stanley Avenue. The report recommends (a) That the area shown in red on the attached sketch including the area presently being used for mobile home purposes, be included in Schedule 26 of the consolidated Licensing By-law as being eligible for a Trailer Camp (Mobile Home) Licence. (b) That the balance of the land owned or leased by the operator of the Green Oaks Mobile Home Park be included in Schedule 9 of the consolidated Licensing By-law, relating to Camping Establishments. (c) That By-law No. 75-100 be amended to reflect recamnendation (a). ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. See By-laws No. 76- ~nd 76-155 No. 370 - City Manager - Re: Quotation for Installing Services for Lot 33, Registered Plan No. 74 on Ulster Avenue. The report recommends that the unit prices submitted by Ernie Damore & Son Ltd. for the services on Ulster Avenue be accepted, and that the by-law authorizing the necessary agreement he approved. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Fern, that the report be received and adopted. See Resolution No. 1 See By-law No. 76-15 No. 371 - City Manager - Re: Contract G.C. 10-76, Services in Niagara Square Subdivision. The report recommends that the unit prices submitted by the low tendeter H. J. Voth & Sons Limited be accepted snd that the by-law authorizing the execution of the necessary agreement be approved, subject to approval of the developer. ORDERED on the motion of Alderman Thon~on, seconded by Alderman Stewart, that the report be received and adopted. See Resolution No. ~See By-law No. 76-1i; No. 372 - City Manager - Re: Concession - Stamford Memorial Arena. The report reco-wnends that the necessary agreement be prepared to allow the Nisgers Falls Minor Hockey Ladies Auxiliary to operate the concessions at the Stamford Memorial Arena. It is further recommends that Mrs. Biamonte, previous operator of the concessions, be thanked for her co-operation overlthemenY years. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. No. 373 - Loan Review Committee - Recommending approval of thirteen application!': for assistance. ORDERED on the motion of Alderman Thomson, seconded by Alderman Iiarrigan, that the report be received and adopted. No. 374 - City Manager - Re: Municipal Accounts. Recommending payment of the municipal accounts. ORDERED on the motion of Alderman Schis let, seconded by Alderman Harrigan, that the report be received and adopted. RESOLUTIONS No. 70 - THOMSON - STEWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application Of Barkhour Holdings Limited for the rezoning of Lot 527, Registered Plan 11, situated at '8646 Willoughby Drive, will conform to Official PlanAmendment No. 30 of the Niagara Falls PlanninE Area, when 'Amendment No;. 83 is approved by the Minister of Housing; AND the Seal of the CorpOration be hereto affixed. Carried Umanimou I. No. 71 - THOMSON - FERA - RESOLVED that the unit prices submitted by Ernie Demote and Son Limited for the installation of services for Lot 33, R.P. 74 on Ulster Avenue, be accepted at the tendered amount of $4,474.501 AND the Seal of the Corporation be hereto affixed. · Carried UnsnimouslI No. 72 - THOHSO~ - SB~ART - I~SOLVED that the unit prices submitted by B. J. Voth & Sons Limited eor. the installation o~ services in the Niagara Square '.....5 - 5 - Subdivision, be accepted st the tendered price of $1,242~728.25; AND the Seal of the Corporation be hereto affixed. C~rried Unanimousl~ B Y- LAWS ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 76-152 - DELETED No, 76-153 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Berkhout Holdings - 8646 Willoughby Drive) No. 76-154 - A By-law to amend By-law No. 76-102 respecting the issue of licences. (Green Oaks) No. 76-155 - A By-law to amend By-law No. 75-100 to prohibit the use of trailers for living, sleeping or eating accommodation within certain areas of the City of Niagara Falls. (Green Oaks) No. 76-156 - A By-law to authorize the execution of an agreement with Ernie Demote & Son Limited for the construction of sanitary sewer snd sanitary and water service lateral installations on Ulster Avenue south of Woodbine Street. No. 76-157 - A By-law to authorize the execution of an agreement with H. J. Voth & Sons Limited for the construction of roads and underground services for the Niagara Square Subdivision. No. 76-158 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (One-Way on Centre Street) No. 76-159 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Parking Prohibition - Centre St., Oneida Lane and Falls Ave.) No. 76-160 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Cheesmen, seconded by Aldermen Thomson, that the following by-laws be now read a second and third time: No. 76-152 - DELETED No. 76-153 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Barkhour Holdings Ltd. 8646 Willoughby Drive) No. 76-154 - A By-law to amend By-law No. 76-102 respecting the issue of licences. (Green Oaks) No. 76-155 - A By-law to amend By-law No. 75-100 to prohibit the use of trailers for living, sleeping or eating accommodation within certain areas of the City of Niagara Falls. (Green Oaks) No. 76-156 - A By-law to authorize the execution of an agreement with Ernie Damore & Son Limited for the construction of sanitary sewer and sanitary-and water service lateral installations on. Ulster Avenue south of Woodbine Street. No. 76-157 - A By-law to authorize the execution of an agreement with H.J. Voth & Sons Limited for the construction of roads and underground services for the Niagara Square Subdivision. No. 76-158 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (One-Way on Centre St.) 76-159 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (No Parking - Centre-St., Oneida Lane & Falls Ave.) 76-160 - A By-law to provide monies for general purposes. Carried Unanimously f - 6- NEW BUSINESS COUNCIL DAY - NIAGARA DISTRICT AIRPORT Alderman Michael advised members of Council that Niagara District Airport will be sponsoring a "Council Day" on June 26, 1976 from 10:00 a.m. to 2:00 p.m. HIRE A STUDENT SIGN Alderman Michael requested that Canada Manpower be contacted to have the "Hire a Student" sign repaired. MR. GORDON SINGLETON Aldermen Chessman advised that a young Niagara Falls resident, Mr. Gordon Singleton will be trying out for the Canadian Olympic Cycle Team. The Alderman informed Council of some of Mr. Singleton's achievements to date, and felt that the City's best wishes for success should be forwarded to Mr. Singleton. It was moved by Aldermen Chessmen, seconded by Aldermen Thomson, that a letter be forwarded to Mr. Gordon Singleton, extending the best wishes and support of the City of Niagara Falls. The motion Carried unanimously. SYLVIA PIACE AND PARK STREET MARKETS Alderman Thomson advised that he had artended the official opening of the new Sylvia Place Market, and had noted with interest the activity in the area on Saturday mornings. The Alderm~.n suggested that consideration should be given to holding the market several days a week. This practice has proven to be successful in St. Cstharines and other municipalities. It was moved 'by Alderman Thomson, seconded by Aldermen Chessmen, that staff approach the farmers, arts & crafts Croups and business associations in order to investigate the merits of makin~ fuller use of the two markets. The motion Carried unanimous ly. CITY BIKEWAY ROUTE :. Aldermen Fera advised ths~ he had received calls ~rom residents 'complaining about the former Hydro right-of-way which is used as part of the City bikeway system. Apparently some users of the route have threatened adjacent property o~ners, and have thrown stones at pets in the area. The possibility of s fence around the right-of-way was suggested, however the City Manager advised that no funds are available in the budget for such an exp~nditure. The City Manager further advised that Superintendent Wilson, who was in attendance at a recent staff committee meeting, had promised to have the area policed on s regular basis. The report requested By Council would include all aspects of the compleints received, and would be available for the July 5th Council meeting. SOD TURNING CEREMONIES - NIAGARA SQUARE -' Alderman Stewart reminded members of Council of the sod turning ceremonies for Niagara Square on Tuesday, June 22, 1976 at 3:009p.m. ,!, ****** It was moved by Aldermen C. rowe, seconded by Aldermen Stewart, meeting adjourn. RFAD AND A D, -~_ that the MAYOR T~ENTY-SEVENTH MEETING Council Chambers July 5, 1976 Council met on Monday, July 5, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Cheesman. His Worship, Mayor Bukator presided as Chairmen. Aldermen Harrigan offered the Opening Prayer. ADOPTION OF MINIFigS ORDERED on the motion of Aldermen Thomson, seconded by Aldermen Stewart, that the minutes of June 14, 1976 and June 21, 1976 be adopted as printed. PRESENTATIONS TO STAFF His Worship, Mayor Bukator presented watches to George Monaghan, Sr., who is retiring after almost thirty-one years service, and to Sidney Radke, retiring after seventeen years service with the Municipality. Twenty-five year service pins were awarded to Tom Ellison, Sam Mfrabelli, Frank Mazzei, Don Saydot, and Mario Dilonardo. DEPUTATIONS The City Clerk referred to a petition received from the residents of Riall Street with further reference to construction vehicles using existing roadways as access to the Solar Subdivision, and asked that Mr. John Moore be allowed to address Council on behalf of the res idents of Riall Street. On the motion of Alderman Crows, seconded by Aldermen Thomson, permission was so granted. Mr. Moore reviewed the circumstances surrounding the residents' petition and acknowledged that the homes in the subdivision could not be built without construction vehicles using existing roadways; the residents of Riall Street feel, however, that there is ametter of principal involved and access to the Solar Subdivision should be shared by both Riall Street and Willieget Street. Use of the Hydro right-of-way as an alternate access was also discussed and it has been determined that the Hydro has no objection to the use of the right- of-way provided that appropriate liability insurance coverage is filed with them. A report of Aldermen Chessmen, commenting on this matter, was considered and a full discussion ensued. i It was moved by Alderman Michael, seconded by Alderman Crowe, that the posts placed in the 1-foot reserve on Willieget Street be removed and that the Munici- · pality sponsor a meeting with those general afi~ subcontractors working in the Solar Subdivision to implement the remedial measures suggested by Alderman Cheesman-.which are not beyond the legal jurisdiction of the Municipality. The motion Carried with the following vote: AYE: Aldermen Crows, Fare, Marrigan, Mann, Michael, Orr, Smeaton, Stewart, Thomson. .NAYE Aldermen4~chisler, Puttick. APPLICATION OF ALDER EQUIPMENT TO PURCHASE LOT 41, FALLS INDUSTRIAL PARK Mr. D. Susin was present at the meeting and on the motion of Alderman Orr, seconded by Aldermen Thomson, was granted permission to address Council. Mr. Susin stated that inasmuch as Mr. Cec Pare of the Business and Industrial Growth Department could not be present at tonight's meeting, he would ask that this item be tabled until such time as Mr. Pare could be in attendance. It was moved by Alderman Crows, seconded by Aldermen Thomson, that Mr. Susin's request be granted. The motion Carried. UNFINISMMD.,~USINMSS No. 366 - City Manager - Re: Annual Equipment Report. ORDERED on the motion of Alderman Crows, seconded hy Alderman Fera that the report be received and filed. -2- -3- COMMUNICATIONS No. 107 - City of Port Colborne - Letter of appreciation from Mayor Buecarino for Cityis assistance during last winter's ice storm. ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that the communication be received and filed. No. 108 - Niagara ReRional Police - Re: incident at Fairway Motel, 5958 Buchanan Avenue, April 24, 1976, indicating that a full report will be forthcoming as soon ae the case is concluded by the Courts. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the communi- cation be received and filed. No. 109 - Niagara Falls Family Y.M.C.A. - Requesttn~ permission to place banners at two locations within the City of Niagara Falls on a regional road (Stanley Avenue and Ferry Street), in connection with the Canadian Men's Fastball Championships. ORDERED on the motion of'AldermanMann, seconded by Alderman Smeaton, that per- mission be granted, in accordance with the City's policy respecting banners.. No. 110 - Niagara Falls Hydro - Advising that the Niagara Falls Hydro Commission is interested in expanding their Drummond Road property for a Service Centre, and requesting Council's approval for City staff to provide assistance as to any re- zoning required, capital financing and other details relative to the proposal. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the request be granted. No. 111 - Canada Manpower Centre - Requesting that the week of July 19th be pro- claimed ,,Hire-a-Student" Week in the City of Niagara Falls. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smsaton, that the request be granted. REPORTS No. 375 - City ManeRat - Re: Proposed "Monroe Subdivision Extension 1" Subdivision. The report recommends preliminary approval of the proposed plan, subject to certain conditions. During the discussion which followed, Alderman Crows expressed his con- cern regardin~ · problems which might arise as a result of the heavy'traffic on Thorold Stone Road, particularly at this point during peak hours. it was also pointed out that the entrance to Rolling Acres seems to be a logical place for a traffic light, rather than Burbank Crescent, in view of the flow'of traffic at that point. ORDERED on the motion of Alderman Crows, seconded by Alderman Oft,that the report be tabled until a report from the Region can be obtained~ since Thorold Stone Road is under Regional Jurisdiction. No. 376 - City Manager - Re: Use of former Chippawa Town Mall by the Chippawa Communi~ Workshop Group. The report advises that Mr. Norman Paterson, the present lessee of t~ former Chippawn Town Hall, has notified the City that he wishes to terminate the less~i; on July 31, 1976, as he plans to re-locate near his home in Winnipeg. Attached to the!' report was a brief from the Chippawn Community Workshop group outlining the various activities held at the Town Hall and available to residents of the area.. Mr. Petereo~t and the Group are most concerned that the craft programs now under~ay would have to discontinued if the building were to be sold or used for other purposes. The report recommends that the building be made available to the Chippawa Co~nun{ty Workshop in order to continue the programs, and suggests that all arrar~emsnts for the use of the building, caretakin8, supervision, etc. be the responsiblity of the Recreation Department, as the Workshop Co~nittee is not a legal entity and does not have the power to enter into a leasing arrangement. It further recommends that a letter of appreciation be sent to Mr. Paterson for his efforts in promoting the development of crafts in our area. ORDERED On the motion of Alderman Michael, seconded by Alderman Thomson, that the report be received and adopted. No. 377 - ~ity ManaRer - Senior Citizens* Centre. The report provides information regarding negotiations for the purchase of the Church of the Redeemer for a Senior Citizens' Centre and the possibility of obtaining a Community Recreation Centres' Grant and a Winratio Grant to assist with the financing. The report recommends that By-1a~76-157, appearing on tonight's agenda, be enacted by Council to establish and operate an Elderly Persons' Centre. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be adopted and the By-law enacted. See By-law No. 76-157~ No. 378 - City Manager - Use of Water Meters for offices operating out of residential homes. The report outlines the policy for installation of meters for offices operating out of residential homes, as governed by the definition contained in By-law 75-20. The policy has been in effect since 1968 and has proven to be a generally acceptable means of regulating the use of water. The report recommends that the current policy for the use of water meters be retained. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera, that the report be adopted. No. 379 - City ManeRat - Re Bikeway Routes. The report provides information on bike- way routes in general and particularly the use of the bikeway route between St. Paul Avenue and Mountain Road. Complaints have been received respecting vandalism, i.e. broken glee, trespass upon private property and presence of motor vehicles such as motorcycles and minibikes. The report suggests that fencing of the entire parkway would reduce the possibility of unauthorized entry onto private property and recom- mends the following steps be taken to reduce the existing problems: 1) The Police Department be asked to make periodic inspections of the subject lands for any vio- lations relative to the use of motorized vehicles prohibited on the bikeway and for the possible violation of any of the provisions of existing Acts, (i.e. liquor laws).2) The members of the Municipal Works Department inspect the area and carry out a periodic clean-up of the bikeway. 3) An effort be made to erect wooden posts at points of access, i.e. Portage Road, in order to restrict the entry of anything but pedestrians and bicycles. ORDERED on the-motion of Alderman Harrigan, seconded by Alderman Orr, that the report be adopted and the reconnendations carried out. - -- No. 380 - City Manager - Tenders for Protective Clothing - The report recommends that the tender submitted by Audibert Men's Fashions for the shirt and pant for a to- tal price per set of $12.64 be accepted. Also, that the price of $10.00 per pair for the coverells, as submitted by Jetryes Army Surplus, be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the low tenders be accepted. See Resolution No.73 No. 381 - City ManeRaT - Tenders for Purchase of New Equipment - The report recommends that the felt.owing quotes be accepted for the supply of cars, panel vans and pick-up trucks required by the Equipment Section: SIX - PASSENGER SEDANS Peninsula Motors THREE - PANEL VANS Jim Blair Motors EIGHT - PICK-UP TRUCKS Autoland Chrysler Limited $24,898.39 $i6,559.52 · -$34,901.10 (7) Jim Blair Motors 5,850.76 (1) ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the low tenders be accepted, as listed in the report. Alderman Puttick abstained from voting because of a conflict of interest. The motion Carried. See Resolution No. 74 No. 382 - City Manager - Re: Stop Signs at Various Intersections. The report advises that certain intersections have been examined by the Engineering Department and require stop signs. It is recommended that stop signs be erected: (1) Facing northbound and southbound traffic on Nod~eon at Watson. (2) Facing northbound traffic on Green Avenue at Watson St. (3) Facin8 eastbound and westbound traffic on McMickin8 St. at St. Andtaws Avenue. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. Ss -4- No. 383 - City Manager - Re: Bleachers at Oakes Park. The report recommends that the City Manager be authorized to call quotations for the temporary strengthening of the ! Oakes Park Bleachers and that the cost of these works be paid for from monies previous' reserved for major facility development. It is further recommended that an approprtatP amount be included in the 1977 operating budget for the complete replacement of the bleachers. Alderman Puttick asked for more specific information regarding the deteri- oration and the safety of the bleachers. The Projects & Services Engineer answered to the effect that the stauds are structurally sound but since the existing bleachers are about twenty-five years old the concrete has deteriorated and further weakening can be expected. The strengthening with the wooden beams is considered a short term solution only. ORDERED on the motion of Alderman Orr, seconded by Alderman Crowe, that-the report be received'and adopted. ' ............ No. 384 - City Manager - Re: Addit ional Dressing Room at'the Niagara Falls Memorial Arena. The report outlines plans for the construction of-a new dressing room and ' storage space for the Niagara Falls Memorial Arena, needed to accommodate minor hocksl teams and the visiting Junior A hockey teams. tt is necessary to relocate two hydro poles and transformers now located where the addition will be built. Niagara Falls Byd will undertake part of the work involved and the City will be responsible for the re- mainder. Three electrical contractors were requested to submit quotations for the City"s share of this work. One contractor did not submit a price and quotations were received as follows: 1) Pointview Electric - $3;270.00.. 2)Ground Aerial Maintenance Service --$4,092.00. The report'recommends.that the quotation of Pointview Electric be accepted and that they be authorized to proceed with the necessary exterior elec- trical work. It further recommends that the City Manager be authorized to call for and award to the lower or lowest bidder quotations for the necessary materials and labour to'complete the addition.= ORDERED On the motion of Aldermen Crows, 'seconded 'by Alderman Fern, that the report be received and adopted. No. 385 - City Manager ~ Re: Parking in the Vicinity of the New'Police Building. The report'recon~nends'that parking be'removed'from both sides of Morrison Street from Erie Avenue to Ontario Avenue and from the westerly'side-of Elizabeth Place from Huron Street to Morrison Street. ORDERED on the motion of Aldermen Thomson, seconded by Aldermen Stewart, that the report be received and adopted. No. 386 - City Manager - Re: Rodent Control in the City of Niagara Falls. Re: Tenders for yearly rodent control from July 1st of each year. This year the specifications conform to Report 338 approved by Council on June 7, 1976. The report recommends that thequotationby Abell Waco Ltd. for one year from July 1, 1976 be accepted and that an agreement to this effect be executed, the total cost to be $2,780.00. ORDERED on the motionyIlderman Orr, seconded by Alderman Smeaton, that the report be received and adopted. The motion Carried, with Alderman Thomson opposed and all others in favour. See Resolution No. 75 nd he a e a s s s Park in 1967, and that the City Manager be authorized to acquire new self-ballasted mercury yapour bulbs, which are available from Durotest Electric Limited. at a total price, including a two year replacement warranty; of $5,580.00. ORDERED on the motion of Aldermen Michael,'seconded 'by' Aldermen Orr, that the report be received and adopted. No. 388 - City Manager - Re: Extension of Ker Park. The report recommends the enact' meat of a By-law to authorize the acquisition of land from Ontario Nydro, for park poses, and the execution of a license agreement with Ontario Hydro. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the repo be received and adopted. See By-law No. 76-168 -5 - No. 389 - City Manager - Re: Morrison Street Fencing (Optimist Park). The report recommends that 1) Parking be prohibited on the north side of Morrison Street from Dorchester Road westerly, a distance of approximately 962 ft.; and 2) That monies be included in the 1977 Operating Budget for the consideration of Council in 1977. The monies would cover the installation of a 4' chain link fence, with one gate which would be erected approximately midway between the former Rydro right-of-way and Dorchester Road. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. No. 390 - City Manager - Re: 4th Annual Conference of Canadian Association of Municipal Administrators, June 14 and 15, 1976. Being a report of the City Manager on his participation in the Conference and attaching program details and notes for the information of Council. ORDERED on the motion of Alderman Michael, seconded by Alderman Puttick, that the report be received and filed. No. 391 - Planning & Development Committee - Re: AM43/74 V. Baldo, Pt. Lot 33, Plan 74, east side of Ulster Avenue, south of Woodbine Street, requesting a change in zoning of his property from Agriculture to Single Family Residential. The report recommends approval of the application. 0RDERED on the motion of Alderman Mann, seconded by Alderman Fete, that the report be received and adopted. See By-law No. 76-153A See Resolution No.76 No. 392 ---Mayor Bukator - Re: F.C.M. Annual Conference, June 15 to 18, 1976. Being a report of His Worship Mayor Bukator respecting his participation in the Annual Conference of the Canadian Federation of Mayors and Municipalities, at Vancouver, B.C. 0RDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the report be received and filed. No. 393 - City ManaRer - Re: Request of Welland Securities (1964) Limited to close and convey unopened road allowances in former Township of Willoughby. The report recommends that the by-law to stop up and close the road al{owances referred to be passed by Council. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Fete, that the report be received and adopted. See By-law No. 76-154__A No. 394 - Mayor Buketor - Re: Removal of Tree at 4~50 Terrace Avenue. The report recommends that the tree should be removed using City funds, as a specific exception to our general policy on matters of this type. Alderman Puttick questioned the liability coverage should anyone be injured. The City Solicitor stated that with the consent of the owner of the property, City workmen would be covered by City's insurance. ORDERED on the motion of Aldermen Crows, seconded by Alderman Thomson, that the report be received and adopted. No. 395 - City ManaKer - Re: Sale of Former Falls View Firehall Property. The report recommends that the by-law authorizing the sale of the said property to 332176 Ontario Limited be passed by Council. ORDERED on the motion of Aldermen Crews, seconded by Aldermen Fare, that the report be received and adopted. See By-law No. 76-163 No. 396 - C~ty ManaKer - Re: Complaint of Mr. M. Demizio, 4364 Portage Road, regarding Gales Gas Bar. The report recommends that further consideration be given to the content of a new agreement which would provide additional protection for the Demizio property. ORDERED on the motion of Aldermen Crows, seconded by Alderman Puttick that the report be received and ~lled and suggesting that a copy of Che report be sent to Nr. Demizio in the event tha~ he requires any further details. -6- No. 397 - City Manager - Re: Updating alarm receiving equipment - Fire Department. The report outlines the efforts of the Fire Department officials to improve fire alarm between businesses throughout the City and the Morrison Street Fire Head- quarters building. Mr. Ford of the A.D.T. Security Systems Company was present and, at the request of the Deputy Fire Chief, explained the function of the new receiving equipment. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and filed. No. 398 - City Manager - Re: Loan Review Committee - Recommending approval of seven applications for assistance. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. - 7 - No. 405 - City Manager - Re: Tender Award for Contract R.C. 17-76, Finished Road Construction in Ker Park, Glengewan and Rolling Acres Extension I Subdivisions. The report recommends that the united prices submitted by the low tendeter, Hard Rock Paving Company Limited, be accepted, and further that the by-law authorizing the execution of the contract agreement with the said contractor be approved. ORDERED on the motion of Alderman Smeaton, seconded by Alderman 0rr, that the report be received and adopted. No. 406 - City Manager - Re: Municipal Accounts. Municipal accounts. See Resolution No. See By-law No. 76-159A Recommending payment of the ORDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the report be received and adopted. No. 399 - City Manager - Re: Widening and Reconstruction of Robinson Street from Clark Avenue to Stanley Avenue, the Widening and Reconstruction of Ferguson Street from Victoria Avenue to Terrace Avenue, and the Installation of a Trunk Storm Sewer on Church's Lane from Stanley Avenue to St. Paul Avenue. The report recommends that the three by-laws dealir~with the said works be passed by Council. ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that the report be received and adopted. '~ ~' '.~' See By-law No. 76-155A No. 76-161 No. 76-162 No. 400 - City Manager - Re: Debenture Issue Request. The report provides details for the financing of the Sylvia Place market building in the aggregate amount of $100,000., and recommends that the City request the Regional Municipality of Niagara to issue a debenture in accordance with the term and amount set out in the schedule attached to the report and confirm that it has &ntered into a contract for, or authorized the commencement of the project shown on the schedule. ORDERED on the motion of Alderman ThomaQn~,!seconded by Aideman Stewart, that the report be received and adopted. See Resolution No.77 No. 401 - City Manager - Re: Contract R.C. 16-76 for road and culvert reconstruction on Bosserr and Marshall Roads. The report recommends that the unit prices submittei~ by the low tendeter, The George Campbell Company Limited, for contract R.C. 16-76, accepted, and that the by-law authorizing. the execution of a contract agreement with the said contractor be approved~ at the tendered price of $92,545.20. ORDERED on the motion of Alderman Stewart, seconded by Alderman Schisler, that the report be received and adopted. See Resolution No. 78 See By-law No. 76-156A No. 76-160A No. 402 - City Manager - Re: Retail Survey-Downtown Business Improvement Area. The - report outlines a request of the Board of Management for the Downtown Business Impr0i~. meat Area that the City participate in financinS of a Retail Study of the Downtown ShoppinS Area, and recommends that Council approve and authorize the financial assis'i tance to the Retail Study - Downtown Business Improvement Area, Niagara.Falls, in the amount of $2 500.00. ORDERED on the motion of Alderman Smeaton, seconded by Alderman be received and adopted. No. 403 - City ManaSer- Re: Replacement of an Existing Combined Sewer on Ellsworth Place. The report recowmends that the unit prices of the low quotation submitted by~ D. L. Stephens Contracting (Niagara) Limited ($30,772.50) for replacin~ the existing combined sewer on Ellsworth Place be accepted, and further that the by-law authorizi the execution of a contract agreement with the contractor be approved. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the rap0 be received and adopted. See Resolution No. 79 See By-law No. 76-164 No. 404 - Mayor Bukator - Re| Matters approved by Regional Council. The report lists .- nine items of major importance which have been approved by Regional Counail~ which tb Mayor wished to bring to the attention of Council. ORDERED on the motion of Alderman Thomson~ seconded by Alderman Fera, that the Xep0rt .' be received and filed. RESOLUTIONS No. 73 - MANN - STEWART - RESOLVED that the tender submitted by Audibert Men's Fashions for the shirt and pants for a total price per set of $12.64 be accepted, and that the price of'$10.00 per pair for the coverails, as submitted by Jerry's Army Surplus~ be accepted; AND the Seal of the Corporation be hereto affixed Carried: Unanimously (Alderman Chessman absent) No. 74 -MANN -.STEWART - RESOLVED that the following quotes be accepted for the supply of cars, panel vans and pick-up trucks required by the Equipment Section: Six - Passenger Sedans, Peninsula Motors, $24,898.39; Three - Panel Vans, Jim Blair Motors, $16,559.52~ Eight- Pick-up Trucks, Autoland Chrysler Ltd., $34,901.10 (7) JimBlair Motors, $5,850.76 (1); AND the Seal of the Corporation be hereto affixed. Carried: Alderman Puttick abstained from voting (conflict of interest) Absent: Alderman Cheesmsn No. 75 - ORR - SMEATON - RESOLVED that the quotation from Abell Waco Ltd. for one year from July 1, 1976, be accepted at the tendered price of $2,780.00, and that an agreement to this effect be executed; AND ~he Seal of the Corporation be hereto affixed. Carried: With Alderman Thomson opposed and all others in favour. Absent: Alderman Chessman No. 76 -MANN - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of V. Baldo for the rezoning of Part of Lot No. 33, Plan 74, situated on the east side of Ulster Avenue, south of Woodbine Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried: Unanimously(Alderman Chessman absent) No. 77 - THOMSON - STEWART - RESOLVED that 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 in theschedule attached hereto; and, further, that the City of Niagara Falls hereby confirms that it has entered into a contract for, or authorized the commencement of all works or projects included in the schedule; AND the Seal of the Corporation be hereto affixed. Carried: Unanimously (Alderman Cheesmsn absent) No. 78 - STEWART - SCHISLER - RESOLVED that the unit prices submitted by the low tanderer,~e George Campbell Company Limited,($92,545.20), for Contract R~C. 16-76, be aceepted~ and that the By-law authorizing the execution of a contract agreement with the said contractor be approved; AND the Seal of the Corporation be hereto affixed. Carried: Unanimously (Alderman Cheesmsn absent) No. 79 - SCHISLRR - FERA - RESOLVED that the unit prices of the low quotation submitted by D, L, Stephens Contracting (Niagara) Limited ($30,772.50) for replacing the existing combined sewer'on Ellsworth Place be accepted, and further, that the by-law authorizing the execution of a contract agreement with the contractor be approved. Carried: Unanimously (Alderman Cheesman absent) -8 - BY -LAWS - 9 - ORDERED on the motion of Alderman Crowe, seconded by Alderman Mann, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 76-151A A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Ontario Housing Corporation, Montrose Road). It was moved by Alderman Smeaton, seconded by Alderman Mann, that Mrs. Mildred Vincent, spokesman for the objectors, be allowed to address Council. Mrs. Vincent explainec that a number of the objecting residents are away on vacation and reques~ that the By-law be tabled for two weeks. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fete, that the by-law be tabled for two weeks. The motion Carried, with Alder- man Harrigan and Stewart voting contrary. No. 76-152A A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (N.P.E.B. Kalar Road) No. 76-153A No. 76-155A A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended (V. Baldo, Woodbine Street) A 'Byelaw to stop. up ann close and to.~u~orize ~he:sale and conveyance of parts of certain road allowances in the former Township of Willoughby. A By-law respect{ng"tfi~'~[~tallation of an 84 inch and 54 inch diameter [~dfik*st6r~'~w~ '~fi "dh~r~hes~L&~e"'~dm"Seanley~A~e to St. Paul Avenue. ' ' No. ~6-156A-~A By-law to authorize the reconstruction of parts of,Bossert Road and Marshall Road together'with the constr~ctio~ Of'now culverts~: " No. 76-157A A By-law to establish ahd operate an elderly persons centre in the City of Niagara Falls., (See Report No. 377) No. 76-158A A By-law to autfgri~a ~e~aqutait~gfi-'Ofa~afid:~0r~l~rk purposes and a li~ ag.ree.~-t.wi~h Ontario Hydro. No. 76-159A A By-law to authorize the-execution of an agreement with Hard-Rock Pavin Company LImited for ~he construction of finished roads in Ker Park Sub- .,,~d~lsion~f~leng~wan Subdivision, and Rolling Acres Extension N~. 76-i60A No. 76-161 No. 76-162 A By-law to authorize the execution of an agreehen& with the Geo[ge Campbell Company Limited for the construction of roads and culverts on Bosserr Road and Marshall Road. A By-law respecting the widening and reconstruction of Ferguson Street from Victoria Avenue to Terrace Avenue. A By-law respecting the widening and reconstruction of Robinson from Clark Avenue to Stanley Avenue. i Street No. 76-163 A By-law to authorize the sale of land to 332176 Ontario Limited. No. 76-164 A By-law to authorize.:,t~:.%xe~ion of an agreement with D. L. Stephens Contractir~ .Niagara Limited for the construction of a sewer on Ellsworth Place. --No.' 7~-165. A-Sy-law!.t~.~zo~ide:,monies.. for general purposes. No. 76-166 A By~law to establish a eerie,in 1-foot The motion Carried, with Alderman 8thislet votir~ contrary on By-law No. 76-154A and No. 76-156A ORDERED on the motion of Aldermen Thomson, seconded by Alderman Crows, that the following by-laws be now read al Second and third timez No. 76-151A Tabled No. 76-152A A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (N.P.H.B. Kalar Road) No. 76-153A A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (V. Baldo, Woodbine & Ulster) No. 76-154A No. 76-155A No. 76-156A A By-law to stop up and close and to authorize the sale and conveyance of parts of certain road allowances in the former Township of Willoughby. A By-law respecting the installation of an 84 inch and 54 inch diameter trunk storm sewer on Church's Lane from Stanley Avenue to St. Paul Avenue. A By-law to authorize the reconstruction of parts of Bosserr Road and Marshall Road together with the construction of new culverts. No. 76-157A A By-law to establish and operate an elderly persons centre in the City of Niagara Falls. (See Report No. 377) No. 76-158A A By-law to authorize the acquisition of land for park 9dr~oses and 'a liCence agreeme~ ~[~h:'0~t~rf6"H~aro. No. 76-159A A By-law to authorize the execution of an agreement with. Hard-Rock Paving Company Limited for the construction of finished roads in Ker Park Shbdfvision, Glengowan Subdivisi6n 'and Rollia~"Acres Extension Subdivision. ' ..... ~' on Bosserr Road and ~rshall RoadL,..,f.{~ .. ~---~.~ ~: No. 76-161 A By-law respecting the widening and'~&ao~s~a~ion'gf Ferguson Street ' from Victoria. Avenue~ to TerraCe Avenue. No. 76-162 A By-law respecting' the ~idaff{n~"ana reco~st~ucEion"of Robinson Street · ' · from Clark Avenue to StaDley.Ave~ . . No. 76-163 A By-law to authorize the sale o~ ia~dh~a', 3~l~'g~5~ario Limited. NR. ]~-164 · -A By-l~ to authorize the execution of an agreement with D. L. Stephens Contracting Niagara Limited for the construction of a sewer on Ellsworth Place. No. 76-165 A By-law to provide monies for general purposes. one foot No. 76-166 .A By-law to establish a certain/block as a public hig[n~ay. The motion Carried, with Alderman Schisler voting contrary on By-law No. 76-154A and No. 76-156A POLICY FOR 1-FOOT RESERVES .-;. Alderman Thomson made reference to the amoi~ht:':~lim~peh~z.b~ Cit~ Couh~iY during the past few months on the matter of removal of 1-foot reserves. He suggested that part' ~f' the~ ~btem ~as': ~h~ aba~C~ blf hhy' d~f~e~: ~ollc~' in %his ~esp~ht.!' In"brder to minimize any further problems, he suggested that Staff bring in a report on the possible adoption of a policy with respect to the lifting of 1-foot reserves. PROPOSED CALAGUIRO SUBDIVISION Alderman Thomson reviewed recent action by the Regional Planning & Development Committee regarding the proposed Calaguiro Subdivision on the north side of Mountain Road. He noted that Regional planners had recommended a drastic reduction in the number of lots, notwithstanding the City's recommended approval of the entire subdivision and the request that the Urban boundaries be expanded to include the entire proposed subdivision. Ordered on the motion of Alderman Thomson, seconded by Alderman Stewart, that the City Council re-affirm its previous decision to approve the entire Calaguiro Sub- division and that the Ragionel Council be notified accordingly. - 10 - TRAFFIC - PETTIT AVENUE Alderman Thomson suggested that measures be taken to curb the speed of traffic on Pettit Avenue. He requested that Staff investigate the possibility of erecting a flashing light as a deterrent to'speeding motorists; : AVAILABILITY OF PUBLIC WASHROOMS Alderman Puttick noted that public washrooms had been included in the construction of both the North-end and South-end market facilities, but that the facilities were' only available during the market hours. He asked if information could be made available regarding the possibility of keeping both public washrooms open, with attendants, during the week days. He also asked that some consideration be given to the possibility of providing public washroom facilities in the Centre Street area of the City. LOCATION OF SLUDGE DISPOSAL SITE Alderman Schisler asked if the Council would support a resolution notifying the Hon. George Kerr, Minister of the Environment, of the position taken by the City of Niagara Falls with respect to the location of the Proposed Sludge Disposal Site. 6RDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton, that a resolution be forwarded to Hon. George Kerr, Minister of the Environment, re-afft the position taken by the City of Niagara Falls with respect to the location of the proposed Sludge Disposal Site. The motion Carried Unanimously. It was moved by Alderman Smaaton, seconded.by Alderman Stewart, that the meeting adjourn. TWENTY-EIGHTH MEETING Committee Room July 19, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, July 19, 1976. All Members of Council were present with the exception of Alderman Crowe. Alderman Harrigan presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without READ ADOPTED, MAYOR Council Chambers July 19, 1976 Count il met on Monday, July 19, 1976, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. Alderman Mann offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the minutes of the meeting of July 5, 1976, be adopted as printed. UNFINISHED BUSINESS ONTARIO HOUSING CORPORATION H.0.M.E. PROJECT, MONTROSE ROAD It was moved by Aideman Mann, seconded by Alderman Thomson, that By-law 76-151A be tabled until later in the meeting. This motion was Defeated with the following vote: AYE: Aldermen Mann, Thomson and Cheesmsn: NAYE: Aldermen Fern, Marrigan, Michael, Orr, Puttick, Schisler, Smeaton and Stewart. It was then moved by Alderman Smaaton, seconded by Aideman Harrigan, that leave be granted to introduce By-law 76~151A, and that the By-law be read a first time: No. 76-i51A - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. The motion Carried with the following vote: ~YE: Aldermen Fern, Marrigan, Michael, Orr, Puttick, Schisler, Smeaton, Stewart and Thomson. .I~YE Aidemen Mann and Cheesman. It was moved by Alderman HarriSan, seconded by Alderman Fern, that By-law NO. 76-151A be now read a second and third time: No. 76-151A - A By-law to amend By-laws Nos. 2350,,1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. The motion ~Fried with the following vote: AYE: Aldermen Fern, Harrigan, Michael, Orr, Puttick, Schisler, Smeaton, Stewart and Thomson. NAYE: Aldermen Mann and Cheesman. NOTE; Alderman Crowe arrived at the meeting. - 2- SEG0 INTERNATIONAL LIMITED ~ WORKEFFECTIVENESS STUDY Report No. 407 - City Manager - The report comments on the Work Effectiveness Study prepared by Sago International Ltd., outlining the recommendations that can and cannot be carried out, and the reasons for same. Also attached to the report are comments of Department Heads and senior staff personnel. Members of Council discussed various aspects of the report, and it was suggested that the consultant should be requested to provide further information and clarification on a number of points raised in the report. The City Manager provided additional information in response to a number of questions. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Smeaton, that a copy of the City Manager's report be forwarded to Sago International Limited for study; that the comments of the consultant be available to Council prior to the meeting at which the matter will be discussed, and further that Mr. R. Pierce be in attend~nc~ at the meeting when final discussion will take place. The motion ~arried with the following vote: AYE: Aldermen Crowe, Fera, Marrigan, Mann, Michael, Orr, Puttick, Smeaton, Thomson and Cheesman. NAYE: Aldermen Schis let and Stewart. OFFICIAL PlAN AMENDMENT NO. 72, TAFT BROADCASTING COMPANY Report No. 408 - Planning & Development Conm~ittee - The Committee recon~nends that Council approve the Province's suggested modification to Official Plan Amendment No. 72, as revised, and that this section be included as part of that Amendment to be approved by the Ministry of Housing. ORDERED on the motion of Alderman Crowe, seconded by Alderman Michael, that the recommendations of the Planning & Development Committee be adopted. EXPROPRIATION OF PROPERTY AT 4539 AND 4541 ERIE AVENUE Report No. 409 - City Manager - The report recommends that a resolution be passed: a) That the Council of the Corporation of the City of Niagara Falls as approving authority, approve the expropristion of the subject properties; b) That the Mayor and Clerk be authorized to execute the required Certificate of Approval under The Expropriations Act; c) That leave be granted for the introduction of the expropriation by-law; d) That the Director of Municipal Works be authorized and directed to prepare a plan or plans showing the lands to be expropriated for registration ~n the Registry Office pursuant to The Expropriations Act; and e) That the City Clerk be authoriz~d and directed to execute and the City Solicitor be authorized to serve the Notice of Expropriation required pursuant to The Expropriations Act and such notices of possession that may be required to obtain possession of the expropriated lands. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received-and adopted. See R~solution No. CONCESSION AGREEMENTS AT OAKES pARK WITHTHEGREATER NIAGARA RASERALLA.~SO~IATI~ LADIES AL~ILIARY Report No. 410 - City Manager - The report recommends passage of the by-law authorizing the agreement with the Ladies Auxiliary for concession rights at Oekes Park, and the by-law authorizing the agreement with the Ladies Auxiliary for concession rights in Oakes Park during the Canadian Men's Fastball Championship, August 31 - September 6, 1976. O~UERED on the motion of Alderman Crowe, seconded by Alderman Fare, that the report be received and adopted. COI~IUNIGATIONS No~ 112 - B.I.G. Department, Chamber of Commerce - Re: Industry of Distinction Award. The communication commends the City for presenting Biasell Ltd. with the "Industry of Distinction" plaque, end requests that consideration be given to continuing this practice when circumstances Justify it. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the practice of presenting "Industry of Distinction" plaques be continued at the discretion of His Worship, Mayor Bu~ator. See Sy-~aws 76-167 a~a 76'168 -~ -3- REPORTS No. 411 - Planning & Development Committee - AM-7/76, Canjam Developments Ltd., 7719 Woodbine Street. The Committee reconmends that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing, and further that the application be approved. Mr. J. Campbell, a resident of the area, was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Cheesmsn. Mr. Campbell advised that he had a list of thirty-seven names on a petition in opposition to the proposal. The residents in the area are opposed to the proposal, since all homes in the area are single-family residences situated on large lots. Mr. Campbell stated that the residents wish the ~onin~ in the area to remain single-family residential. Mr.' B. Sinclair, solicitor for the applicant, was then granted permission to address Council on the motion of Alderman Cheesman, seconded by Alderman Michael. Mr. Sinclair advised that there are other multi-family units on Woodbine Street. The Land Division Committee granted a severance to create two semi-detached lots. The creation of two single lots had been pro- posed as a minor variance to the Committee of Adjustment, but the Committee had turned down the application because the frontage would only be thirty-seven and a half feet, and this was not considered to be a minor variance. The units would be constructed on a lot seventy-five by one hundred and seventy- three, and would be of a back-split style, with fireplace~ installed. Mr. Sinclair further pointed out the need for this type of housing, and felt the proposal would be an asset to the area. Members of Council discussed the application further, and the Deputy Planning Director provided additional information in response to several questions raised. Following further discussion, it was moved by Alderman Michael, seconded by Alderman Puttick, that the report of the Planning & Development Committee be received and filed, and the application of Canjam Developments Ltd., be denied. The motion Carried with the following vote: AYE: Aldermen Fare, Mann, Michael, Orr, Puttick, Schisler, Smeaton and Thomson. NAYE: Aldermen Harrigan, Stewart and Cheesman. NOTE: Alderman Crowe declared a conflict of interest and abstained from · voting on this matter. No. 412 - Planning & Development Committee - Re: AM-14/76, Ten Partners Development Ltd., Southeast Corner of McLaod and Drummond Roads. The Committee recommends that Council adopt Official Plan Amendment No. 84 by by-law. Alderman Harrigan pointed out that the issue before Council dealt with 'the Official Plan Amendment which would change the zoning from tourist- commercial to m]J{ed residential, which would include some tourist-commercial, largely res idential, and some neighbourhood commercial. The compos ition of the subdivision has not been dealt with by the Planning & Development Committee, and no recon~aendation on this aspect of the application has been made to Council as yet. It was then moved by Alderman Harrigan, seconded by Alderman Chessman, that Mr. A. Brass of Proctor & Redfern be permitted to address Council. Mr. Brass advised that the proposal of Ten Partners Development Ltd. would a ressonable balance of tourist-commercial at the easterly extremity to the north, and the remainder of the site would be designated for neighbourhood residential uses. Mr. Brass described the studies taken to determine the appropriate land use in the area, and requested Council to adopt the amendment as recommended in the report. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Thomson, that the recommendation of the Planning & Development Committee be adopted. See By-law No. 76-1.70 No. 413 ~ City Mansger- Re: Firehall Theatre. The report recommends that the NieSare Falls Music Theatre Society be given permission to sublease the Firehall Theatre to the Penny-~sr~hing Players and Theatre Max for the time period as specified. ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson, that the report be received and adopted. -4- No. 414 - City Manager - Re: Lions Club Swimming Pool. The report recommends that the by-law authorizing the execution of an agreement with Lions Club of Niagara Falls to provide for the operation of the swimning pool on Drummond Road be passed. ORDERED on the motion of Alderman Mann, seconded by Aldermen err, that the report be received and adopted. See By-law No. 76-171 No. 415 - City Manager - Re: Resignations of Two Members of Senior Staff. The report advises of the resignation of Mr. P. Van Belle, planning Director to be effective August 23, 1976, end Mr. K. Yu, Design & Construction Engineer to be effective August 8, 1976. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Smeaton, that the report be received and filed, and further that the appreciation of Council be extended to Mr. Van Belle and Mr. Yu for their dedicated work with the Municipality. No. 416 - City Manager - Re: Disposal of Surplus Property - M.T.C. The report advises that notification has been received from the M.T.C. regarding the possible disposal of Lot 16, Registered Plan 158 on Wanless Street. As the Municipality does not require the lands. for roadway purposes, it is recommended that the Ministry be notified that the City has no interest in acquiring the property. ORDERED on the motion of Alderman Smeaton, seconded by Aldermen Fete, that ~he report be received and adopted. No. 417 - City Manager - Re~ Grant of Easement for Sanitary Sewer, West Side of Stanley Avenue, north of Ramspy Road. The report recommends passage of the by-law authorizing the execution by the City of the grant of easement for a sanitary sewer across the subject property. ORDERED on the motion of Aldermen Michael, seconded by Alderman Thomson, that the report be received and adopted. See By-law No. 76-172 No. 418 - City Manager - Re: Lot 5, Stamford Industrial Subdivision, East Side of Mentress Road. The report reconmmnds that Council approve the preparation and execution of a new deed in fayour of the owners of Lots 3 and 4, Angelo Marine and Robert Perfects, subject to the reservation of an easement 15' in width across the southerly limit of the lot, and subject to all of the covenants in the 1965 deed except the covenant requiring the lot to be built upon before it is sold or re-sold or leased for a term exceeding two years, and that the owners pay the City's costs for preparing the additional deed. ORDERED on the motion of Aldermen Crows, seconded by Alder~n Thomson, that the report be received and adopted. See By-law No. 76-173 No. 419 - City Manager - Re: Extension of Urban Service Area - Kalar Road. The report recommends passage of the by-law to include the properties of Mrs. V.E. Rivard and Mr. Henry Badger in the Urban Service Area of the City, and following approval by the O.M.B., that the Rivard and Badger properties 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 Mann, seconded by Alderman Thomson, that the report be received and adopted. See By-law No. 76-174_ No. 420 - City Manager - Re: 8646 Willoughby Drive Condominium, Berkhout Holdings Ltd. The report recommends that the preliminary approval of the Be~khout appltca' tion. be amended by the deletion of Condition No. 2 regardin8 the grantin8 of lands for park purposes, and the Ministry of Housin8 be notified accordingly. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. No. 421 - City Manager - Re: proposed Plan of Subdivision, Klydel Holdings Inc., West side of Garner Road. The report recommends preliminary approval of the proposed plan subject to three conditions, and further that Council certify by resolution that the application conforms to Official plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Ministry of Housing. . ORDERED on the motion of Alderman Mann, seconded by Alderman Smaaten, that the report be received and adopted. See Resolution No. 8A - 5 - No. 422 - City Manager - Re: Sale of Used Equipment. The report recon~aends that certain pieces of equipment be sold by auction and that arrangements be made for this auction for the latter part of September. ORDEREDon the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. No. 4~3 - City Manager - Re: Purchase of New Equipment. The report recommends that the following quotations be accepted: 1) Compressor - Compair Canada Ltd., 2) Chipper - SMI Industries Ltd., 3) Loader - Ridgeway Farm Equipment; 4) Backhoe/Loader - Stallwoods Garage. ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that the report be received and adopted. See Resolution No. 82 I No. 424 - City Manager - Re: Fire Department Hose. The report recommends that the quotation submitted by C.E. Hickey for the supply of fire hose, be accepted. ORDERED on the motion of Aldermen Mann, seconded by Alderman Cheesman, that the report be received and adopted. See Resolution No. 83 No. 425 - City Manager - Re: Contract R.C. 18-76, Finished Roads in Casey Subdivision. The report recommends that the unit prices submitted by the low tendeter, Steed & Evans be accepted, and further that the by-law authorizing the execution of the contract agreement be approved. ORDERED on the motion of Aldermen Mann, seconded by Alderman Cheesman, that the report be received and adopted. See Resolution No. 84 See By-law No. 76-175 No. 426 - City Manager - Re: Contract R.C. 20-76, Finished Road Construction in Bell Crescent Extension Subdivision. The report recommends that the unit prices submitted by the low tendeter, Hard Rock Paving Co. Ltd., be accepted, and further that the by-law authorizing the execution of the contract agreement be approved. ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that the report be received and adopted. See Resolution No. 85 See By-law No. 76-176 No. 427 - City Manager - Re: 1975 Financial Statements. The report provides informerion on the 1975 financial statements for the City of Niagara Falls. ORDERED on the motion of Alderman Fera, seconded by Aldermen Harrigan, that the report be received and filed. No. 428 - City Manager - Re: Shoring of Trenches. The report recommends the purchase of two prefabricated light trench boxes for use in the Sewer and Water Departments from Ray Gordon Co. The Maintenance & Operations Engineer~'~rovided additional informerion in response to several questions raised by Aldermen Schisler. ORDERED on the motion of Alderman Crows, seconded by Aldermen Chessman, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Crows, Fera, Harrigan, Mann, Michael, Orr, Puttick, Thomson and Cheesmen. NAYE: Aldermen Schisler, Smeaton and Stewart. See Res.olut~o.n .No... 86 No. 429 - City Manager - Re: Management Development Seminar. The report recommends that the Deputy Treasurer & Budget Director be authorized to attend a Management Development Seminar to be held in Londgn, Ontario from October 5- 7, 1976. ORDERED on the motion of Aldermen Thomson, seconded by Aldermen Schisler, that the report be received and adopted. No. 430 - City Manager - Re: Annual Conference - Association of Ontario Municipalities. The report requests the designation of five persons to rep- resent the municipality at the annual conference.in Toronto, August 8 - 11, 1976. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Stewart, that the following members of Council be designated to attend the annual conference of the Association of Ontario Municipalities: Aldermen Mann, Patrick, Stewart, Thomson ~nd Cheesmen. No. 431 - City Mana er - Re: 1976 I.C.M.A. Conference. The report requests authorization for ~e City Manager to attend the Annual of the Conference - 6 - International City Management Association to be held in Toronto on September 26 - 29, 1976. ORDERED on the motion of Alderman Mann, seconded by Alderman Marrigan, that the City Manager be authorized to attend the 1976 I.C.M.A. Conference. The motion Carried with Alderman Puttick voting contrary, and all others in favour. No. 432 - City Manager - Re: Resolutions from other Municipalities. 1. City of Owen Sound - Requesting that special grants be provided from Winratio Funds to assist in up-grading arena facilities. Recon~nendation - That the resolution be endorsed and the appropriate bodies be notified. 2. City of Kingston - Requesting legislation to permit municipalities to charge fees for zoning by-lawsamendment applications and Official Plan Amendment applications. Recommendation - That the resolution be endorsed and the City of Kingston ' ' notified accordingly. 3. City of Windsor - Requesting an amendment to present legislation to enable a municipality to incur a debt without obtaining the approval of the Ontari0i{ Municipal Board. Recommendation - That the resolution be received and filed. 4. City of Mississauga - Requesting that in future, when the Province decreases taxation revenues, when such revenue decreases are not contained in their yearly budgetary forecasts, that the transfer of grants made to municipalitie4 based on the Edmonton Commitment not be decreased and penalized. Recommendation - That the resolution be received and filed. 5. City of Trenton - Expressing dissatisfaction with the decision of Courts relative to vandalism. Recommendation - That the resolution be received and filed. 6. Township of Rope - Requesting revision of equalization factors compiled by the Ministry of Revenue and Ministry of Education to ensure that they are brought up to date by at least January, 1977. Recommendation - That the resolution be endorsed. 7. City of London - Requesting that municipalities be permitted to increase the $50.00 per unit levy, permitted under Section 304 of The-Municipal Act. Recommendation - That the resolution be endorsed. Alderman Thomson expressed concern with respect to the resolution from the City of Owen Sound regarding special funds to assist in up-grading arena facilities. The Alderman pointed out that a number of municipalities have taken steps to upgrade their arenas, and he hoped that any funds would be made retroactive. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttlck, that the report be received and adopted. No. 433 City Manager Re: Parking on Temperance Avenue. The report recommend . , that the necessary by-law be passed to limit parking on the easterly aide of Temperance Avenue from Emery Street to Spring Street to a two-hour maximum between the hours of 8:00 a.m. and 6:00 p.m. ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that the report be received and adopted. No. 434 - City Manager - Re: Truck prohibitions - Rolling Acres Drive. The report reconlnends that the necessary by-law be passed to prohibit heavy trucks from usin~ RollinS Acres Drive. ORDERED on the motion of Alderman Ferns seconded by Alderman Stewart, that the report be received and adopted. No. 435 - City Manager - Re: Stop Signs at the Intersection of Be6k Road and Idarshall Road. The report recommends that the necessary by-law be prepared to allow the erection of stop signs on both approaches of Marshall'Road to Beck Road such signs to be erected as soon as Regional approval has been obtained, and to provide for the removalof the existing signs on Beck Road at Marshall Road on October 18, 1976. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Stewart, thac the report be received and adopted. No, 436 - City Manager - Re: Reroofing Recreation Commission Building. The report recf,~ends that the quotation of Brown-Jarvis Roofing for the reroofing of the Recreation C~ission Building be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman StewnEt, that the report be received and adopted, See Resolutipn No, No. 437 - City Martsget - Re= Water Restrictions. The report outlines. methods used in determining the necessity of water restrictions. It is recommended 7 that a copy of the report be sent to the Regional Director of Engineering with a letter expressing the City's full co-operation and willingness to continue the present mutual consultation for the benefit of all concerned. Alderman Puttick expressed concern that if water restrictions were to be placed on Niagara Falls, they should also be placed on Niagara-on-the-Lake, as water service was extended to portions to the Town from Niagara Falls in 1974. The Alderman felt it would not be equitable if that municipality were allowed the unrestricted use of water when rest rictions were in effect in Niagara Falls. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the report be received and adopted, and further that the Regional Director of Engineering be advised of the City's concern in this matter. No. 438 - City Clerk - Re: Advisory Report. 1) Regional Niagara Health Unit - Progress Report re: Vaccination campaign against swine influenza. 2) Royal Canadian Legion - Requesting permission to hold the Annual Warrior's Day Parade on August 15, 1976. Recommendation - That the request be granted. 3) Ministry of Transportation & Coaununications - Advising of second advance payment of subsidy in the amount of $378,000. Recommendation - Receive and file. 4) St. Ann's Church - Requesting permission to hold Feast of St. Ann procession on July 25, 1976. Recommendation - That approval be granted. 5) 3ohn Howard Society of St. Cathsrtnes - Regarding Basic Job Readiness Program. 6) City of St. Catharines - Expressing appreciation for the tribute paid to their municipality on their 100th Anniversary. Recommendatio__n - Receive' and file. 7) Optimist Club of Fort Erie - Requesting permission to have a beer tent at the Niagara International Air Show 76. Recommendation - That approval be given subject to the applicant receiving the approval of the Fire Chief, the Health Unit, the Chief of Police and the Liquor Control Board of Ontario. ORDERED on the motion of Alderman Mann, seconded by. Alderman Schisler, that the report be received end adopted. No. 439 - City Manager - Re: Building Permits. Breakdown of permits issued by the Building & Development Department for the month of 3une, 1976. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Stewart, that the report be received and filed. No. 440 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. Alderman Stewart questioned Cheque ~4381 regarding truck rentals. The Alderman was concerned that the City was renting trucks when City trucks were available. The Maintenance & Operations Engineer advised that the trucks were used in parking lot construction by the Construction Dept., and that City vehicles are available, but due to vacations, there are not sufficient drivers. His Worship, Mayor Bukator sugges ted that a report should be made to Council on this matter. ORDERED on the motion of Alderman Schisle~/: seconded by Alderman Mann, that the report. be received and adopted. PETITION Comm. No. 113 - Mr. Stephen Oprici - Re: Railroad Tracks, Nabisco - Victoria Avenue Area. Requesting that immediate repairs be made to the tracks, the eventual removal of the tracks, posting of warning signs to bicyclists to prevent further injuries. The attached reply from His Worship, Mayor Bukator provides additional information. His Worship, Mayor Bukator advised that the City Manager had contacted railroad officials regarding repairs to the tracks. The Maintenance & Operations Engineer stated that warning signs for bicyclists could be erected. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Stewart, that the connnunieation be received and filed. RE S 0LUT IONS No.. 80 - MANN - THOMSON - RESOLVED that having considered the report of the City Manager dated the nineteenth day of July, 1976, BE IT RESOLVED AS FOLLOWS: a) That the Council of the Corporation of the City of Niagara Falls as approving authority, approve the expropriation of the following lends: ALL AND SINGULAR that car'rain parcel of tract of land and premises situate, lying and being in the City of Niagara Falls in the Regional Municipality of Niagara and being composed of those portions of Lot 12, Block I according to the Zimmerman and -8- Oswald Plan for the Town of Niagara Falls now known as Plan No. 999 and also according to the R. G. Benedict Co. Plan for the said Town of Niagara Falls now known as Plan No. 1000 designated as ~Parts 1 and 2 on a Plan deposited in the Land Registry Office for the Registry Division of Niagara South on the 18th day of March, 1976 as 59R-1559; b) That the Mayor and the Clerk be authorized to execute the required Certificate of Approval under The Expropriations Act; c) That leave be granted for the introduction of the expropriation by-law; d) That the Director of Municipal Works be authorized and directed to prepare a plan or plans showing the lands to be expropriated for registration in the Registry Office pursuant to The Expropriations Act; e) That the City Clerk be authorized and directed to execute and the City Solicitor be authorized and directed to serve the Notice of Expropriation required pursuant to The Expropriations Act and such notices of possession that may be required to obtain possession of the exproprieted lands; AND the Seal of the Corporation be hereto affLxed. Carried Unanimously No. 81 - MANN - SHEATON - RESOLVED that the Council of the Corporation of the City of Niagara Fells hereby certifies that the application of Klydel Holdings Incorporated for the development of approximately 100 acres of property on the west side of Garner Road and north of Lundy's Lane and the C.N.R. Right-of-Way, conforms to Official Plan Amendment No. 28 of the Niagara Fells Planning Area es amended and approved by the Ministry of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 82 - MANN - CHEESMAN - RESOLVED that the following quotations for the supply of various pieces of equipment be accepted: 1) Compressor - Compair Canada Ltd. - $7,785.00; 2) Chipper - SMI Industries Ltd. - $8,346.00; 3) Loader - Ridgeway Farm Equipment -. $9,518.00; 4) Beckhoe/Loader - $13,220.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 83 - MANN - CHEESMAN - RESOLVED that the quotation submitted by C.E. Nitkey for the supply of fire hose in the total amount of $3,456.90 be accepted; AND the Seal of the Corporation be-hereto affixed. Carried Unenimously No. 84 - MANN - CREESMAN - RESOLVED that the unit prices submitted by Steed & Evans Limited for the construction of finished roads in the Cssey Subdivision be accepted at the tendered price of $142,249.30; AND the Seal of the Corporation-~ be hereto affixed. Carried Unanimously No. 85 - MANN - CHEESMAN - RESOLVED that the unit prices submitted by Hard Rock Paving Company Limited for the construction of finished roads in the Bell Crescent Extension Subdivision be accepted at the tendered price of $16,809.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 86 - CROWE - C~ESMAN - RESOLVED that the price submitted by Ray Gordon Company for the supply of two prefabrtcated light trench boxes be accepted in the total amount of $6,218.00; AND the Seal of the Corporation be hereto affixed. Carried with the following vote: AYE: Aldermen Crows, Fern, Harrigan, Mann, Michael, err, Puttick, Thomson and Cheesman. NAYE: Aldermen Schisler, Smeaton and Stewart. No. 87 - MANN - STEWART - RESOLVED that the quotation submitted by Brown-Jervis Roofing for the reroofing of the Recreation Commission Building be accepted at the quoted price of $2,875.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAW8 ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws, and the by-laws be read ~ first time: No. 76-167 - A By-law to authorize an eSteemant with the Greater Niagara Basebsl Association ladies Auxiliary for special concession rights ' ' k976"C~nsdian Man's Fastball Championship at Oakes Park. - 9- No. 76-168 - A By-law to authorize a concession agreement with the Greater Niagara Baseball Association Ladies Auxiliary for concession rights at Oskes Park. No. 76-169 - DELETED No. 76-170 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 84 - Ten Partners) No. 76-17I - A By-law to authorize an agreement with Lions Club of Niagara Falls respecting a swimming pool. No. 76-172 - A By-law to authorize the execution of a grant of easement from John Holer, In Trust, for a sanitary sewer. No. 76-173- A By-law to authorize the execution of a deed to Angelo Marine and Robert Petrecca of Lot 5, Registered Plan No. 160 for the former Township of Stamford. No. 76-174 - A By-law to alter the boundaries of the Urban Service Area of the City. No. 76-175- A By-law to authorize the execution of an agreement with Steed & Evans Limited for the construction of finished roads in Casey Subdivision. No. 76-176- A By-law to authorize the execution of an agreement with Hard Rock Paving Company Limited for the construction of finished roads in Bell Crescent Extension Subdivision. No. 76-177 - A By-law to amend By-law No. 3790, being a By-law for the regulation of traffic. (No Parking - Morrison St., Elizabeth Place) No. 76-178 - A By-law to amend By-law No. 7531, being a By-law to provide for the erection of stop signs at intersections. (Bodgson, Green, McMicking) No. 76-179 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the following by-laws be now read a second and third time: No. 76-167- A By-law to authorize an agreement with the Greater Niagara Baseball Association Ladies Auxiliary for concess ion rights during the 1976 Canadian Man's. Fastball Championship at Oskes Park. No. 76-168 - No. 76-169 - A By-law to authorize a concession agreement with the Greater Niagara Baseball Association Ladies Auxiliary for concession rights at 0ekes Park. DELETED No. 76-170 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 84 - Ten Partners) No. 76~171 - A By-law to authorize an agreement with Lions Club of Niagara Falls respecting a swimming pool. No. 76-172 - A By-law to authorize the execution of a grant of easement from John Noler, In Trust, for a sanitary sewer. No. 76-173- A By-law to authorize the execution of a deed to Angelo Marine and Robert Petrecca of Lot 5, Registered Plan No. 160 for the former Township of Stamford. No. 76-174 - A By-law to alter the boundaries of the Urban Service Area of the City, No. 76-175 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of finished roads in essay Subdivision. No. 76-176- A By-law to authorize the execution of an agreement with Hard Rock Paving Company Limited for the construction of finished roads in Bell Crescent Extension Subdivision. ..... l0 - 10 - No. 76-177 - A By-law to amend By-law No. 3790, being a By-law for the regulation of traffic.(No Parking - Morrison Street, Elizabeth Place? No. 76-178 - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at interseetions. (Hodgson, G~een, McMicking) No. 76-179 - A By-law to provide monies for general purposes. , Carried Unanimously NEW BUSINESS REGIONAL SLUDGE DISPOSAL SITE Alderman Thomson referred to discussions held over the last year regarding the Region's proposal to locate a sludge disposal site in the former Township of Crowland. During early d tscussions on this matter, s suggestion had been made to the Region of an alternate site located near the Welland Chemical plant. This site, designated as Site ~11 by the Region, was not considered as the property, apparently was not available at the time. The Alderman pointed out the merits of this site, proximity to transportation routes and close to an existing plant which might be more acceptable than the Crowland site. Several other members of Council commented on this matter, and following further discuss ion, it was moved by Alderman Thomson, seconded by Alderman Cheesman, -that the Regional Municipality of Niagara be requested to reconsider alternate locations for the Regton's proposed sludge dtsposs 1 s its in the City of Niagara Falls, in particular Site ~11, and further that the Region be requested to report back to Council on the feasibility of us ing Site #11 and other possible sites as the alternate location of the Regton's proposed sludge disposal site. The motion Csrrte~ with Alderman Puttick voting contrary, and all others in layout. LUNDY'S LANE HISTORICAL SOCIETY MEMORIAL SERVICE His Worship, Mayor Bukator directed Council's attention to an invitation received from the Lundy's Lane Historical Society to attend the 89th Memorial Service commemorating the fallen at the Battle of Lundy's Lane, July 25, 1814. The service.will be held on Sunday, July 25, 1976 at 12:15 p.m. FOULING OF MUNICIPAL ROADWAYS Alderman Puttick suggested that By-law No. 7551, 1967, could be helpful in dealing with complaints regarding trucks leaving mud, stones, paper or other types of refuse on the roadway. The City Clerk advised that it would have to'.be determined if legislative authority existed to enable the City · to charge in this type of situation. PARKING I~TER PERMIT - HIS WORSHIP, MAYOR BUKATOR Alderman Puttick suggested that consideration be given to issuing His Worship, Mayor Bukator a permit to enable him to park his cnr 'in metered zones without incurring violations. CONSTRUCTION TRAFFIC - WOODFIELD. STREET Alderman Crowe advised that an agreement exists between the developer of the Mount Forest Subdivision and the City, that existing roadways, in particular Woodfield Street would not be used for construction traffic in and out of the new subdivision. Trucks are using Woodfield Street even though there is sn alternate route built specifically for this subdivision. The Alderman suggested that either a barrier be erected at the end of the residential portion of Woodfield Street, or if a reserve exists, that the City invoke the limitation. The City MAnager advised that the matter. would be investigated. It was moved by meeting adjourn. by Alderman Fern, that the ,AND ADOPTED, MAYOR TWENTY-NINTH MEETING Committee Room August 3, 1976 Council met in Committee of the Whole at 7:15 p.m. on Tuesday, August 3, 1976. All Members of Council were present with the exception of Aldermen Crowe, Harrigan and Smeaton. Alderman Fern presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting~&&AAA READ AND ADOPTED, MAYOR Council Chambers August 3, 1976 Council met on Tuesday, August 3, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Aldermen Harrigan and Smeaton. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the minutes of the meeting of July 19, 1976, be adopted as printed. NOTE: Alderman Crowe arrived at the meeting. PRESENTATION His Worship, Mayor Bukator presented framed certificates on behalf of the Council and Citizens of the City of Niagara Falls to Miss Monics Draeger and FAr. Gordon Singleton in recognition of their participation in the games of the 21st Olympiad held in Montreal during July, 1976. Miss Draeger participated in the Women's 4's with Cox Sculling competition, and FAr. Singleton competed in the Spring Cycle competition. C Comm. No. 114 - FAr. E. Soens - Mr. Soens offers his commendations to Gordon Singleton, stating that if Mr. Singleton is the example of the sort of young person in this City, that the future is v~.y bright for Niagara Falls. Conun. No. 115 - Lord Killshin, President, Coreit& International Olympi.~e Lord Killshin expresses thanks for plaques aDd.best wishes received from the Council and citizens of Niagara Falls, an~a. tes that he is sure the City is very proud of Gordon Singleton. ~'~%~ ORDERED on the motion of Alderman Thomson, sec0~y Alderman Stewart, that the information be noted, and the communications received and filed. DEPUTATIONS COMPLAINTS RE: DOMINION STORE, LUNDY'S LANE Mrs. Laura Johns was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Michael, Mrs. Johns advised that she was speaking on behalf of residents in the Ker Street - Ba~ker Street area regarding the operation of the Dominion Store on Lundy's Lane. The complaints concerned noise from trucks making deliveries to the Dominion Store at all hours of the day and night, a noisy air conditioner and noise from the large trash compactor. The odour from the trash compactor is quite bad particularly during the warm weather, and litter behind the stores and the driveway is continuous. The driveway entrance. to the plaza has a continuous growth of weeds. Firs. Johns requested the assistance of Council in resolving these complaints. It was moved by Alderman Thomson, seconded by Alderman Mann, that Ci~y stair in conjunction with the Regional Niagara Health Unit, contact - 2- the local officials of the Lundy's Lane Dominion Store and officials from the head office of Dominion Stores, in an effort to resolve the complaints of the area residents, and further that a report be prepared for the next Council meeting outlining what action has been taken, and will be taken on the matter. The motion Carried unanimously. PURCHASE OF LOT 41, FALLS INDUSTRIAL PARK Mr. D. Susin of Alder Equipment was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Thomson. Mr. Sus in advised that at the time he made application to purchase Lots 12 and 41,in the Falls Industrial Park, he did not have sufficient funds to purchase Lot 41. A request for a reserve on Lot 41 was made, however there was a reserve on Lot 41 at that time, and the lot was therefore not available for sale. Mr. Sus in stated that he had requested Mr. C. Pare of the Business & Industrial Growth Department to advise him if and when the lot became available for sale. On January 8, 1975, the City Clerk forwarded a letter to the solicitor acting on behalf of Mr. Susin, advising that the lot was not available, however no copy of this letter was received by Mr. Susin. The solicitor apparently did not notify Mr. Susin of the letter, and Mr. Susin did not become aware of the contents of the letter until recently. When the option on Lot 41 was not exercised, Mr. C. Pare telephoned Mr. Susin's office and left a message with Mrs. Susin that the lot was available. This message was also not received by Mr. Susin. In view of the problem in communications, Mr. Susin did not become aware of the availability of Lot 41 until May of this year. Mr. Susin explained that when he made application to purchase Lot 41, he was advised that the price of land had increased from $7,000 to $11,000 per acre. Mr. Susin felt that since he had expressed an interest in purchasing Lot 41 prior to the price increase, and since he had never officially been notified that Lot 41 was available for sale prior to the price increase, he should have the right to purchase the~lot at the price of $7,000 per acre. Mr. C. Pare explained that at the time Lot 12 was purchased, an option was held on Lot 41 by another firm, which was due to expire onMarch 31, 1975. When this option was not exercised, Mr. Pare had called Mr. Susin's office on a number of occasions and spoke with Mrs. Susin, explaining that the lot was now available. During further discussion on the matter, the Director of Municipal Works explained that the price increase from $7,000 to $11,000 per acre was based on the City's cost in servicing the subdivision. This increase was approved by Council in December of 1975. The City Clerk also explained that the letter of January 8, 1975, was directed to Mr. Susin's solicitor who had originally contacted the City with regard to the purchase of Ehe two lots. The City Solicitor referred to a report of the City Manager adopted by Council on December 30, 1974, which was conveyed to Mr. Susin's solicitor. A covenant in the deed concerning construction on Lot 12 within a specified period of time was a factor in the sale of Lot 41 to Mr. Susin. During Council's consideration of this matter, several members comiented on the fact that the $11,000 price figure involved the recovery of .the City's costs in servicing the subdivision, and did not provide a margin of piefit. It was suggested that a review be made of the history of the situation to see if there were extenuating circumstances involved which could]Justify the sale of Lot 41 at the previous price. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Chessman, that a report be prepared including all background information end comments from the Business and Industrial Growth Department to enable Council to reach a fair decision on the matter. This motion was Defeated with the following vote: AYE: Aldermen Michael, Thomson and'Chessman. NAYE: Aldermen Crows, Fern, Mann, err, Puttick, Schisler and SteWart. UNFINISHED BUSIN'MSS NIAGARA SQUARE SUBDIVISION AGREEMENT AND DEPOSIT FOR ENGINEERING SERVICES Report No. 441 - City Manager - The report recommends that the request of th~ developer to have a cash payment of $128,300 made in November, 1975, credited with interest earned on the money deposited for estinmtedccosts including design engineering, be approved. It is also recommended that the by-law authorizing the execution o£ an amending subdivision agreement be passed by Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the report be .received and adopted. See By-law No. 76'~ -3- METHANE GAS AT HOUCK PARK Report No. 442 - City Manager - The report recommends that staff proceed with the preparation of contract documents and call of tender for Phase 1 of the control system. In response to questions raised by Aldermen Puttick and Thomson, the Maintenance and Operations Engineer advised that the cost of raeasures to be taken under Phase 1 is within the amount allotted for this part of the project. With regard to possible works under Phase 2, it was advised that the extent of work required would be determined after monitoring of the system during the winter months. ORDERED on the motion of Alderman err, seconded by Alderman Crows, the t the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Crowe, Fern, Mann, Michael, err, Stewart, Thomson and Chessmen. NAYE: Aldermen Puttick and Schisler. MULNERN PARK Report No. 443 - City Manager - The report advises that in view of the reply received from the Separate School Board indicating an unwillingness to participate in further negotiations for land transfers, and the normal procedures followed by the City in the decis ion-making process concerning the establishment of the present Park/School concept of the Mulhern Neighbourhood and also recognizing the urgency of a final establishment of the future park site for development under the Neighbourhood improvement Programme for the Woodbine area (completion date for the N.I.P. is Dec. 31/77), it is now essential that a "Mulhern Park" site be finally agreed upon. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the matter her:deferred until the next Council meeting, and that copies of the report be provided to Mr. Rooklay and the area residents prior to the next meeting. EXPROPRIATION OF 4539 AND 4541 ERIE AVENUE Report No. 444 - City Manager - The report recommends that the by-law authorizing the acquisition of 4539 and 4541 Erie Avenue be passed. ORDERED on the motion of Alderman Mann, seconded by Alderman Themsou, that the report be received and adopted. See By-law No. 76-181 MONROE SUBDIVISION EXTENSION I Comm. No. 116 - Regional Municipality of Niagara - The communication provides comments requested concerning a proposal to relocate future Burbank Crescent to intersect Thorold Stone Road opposite Rolling Acres Drive. AND Report No. 375 - City Manager - The report recommends preliminary approval of the proposed plan subject to seven conditi~ns, and further that Council certify by resolution that the application Conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Hou8 ing. Alderman Crowe requested information respecting the availability of traffic counts in this area, confirmation of information from the M.T.C. respecting the Thorold Stone Road - Q.E.W. Interchange and the offsets referred to in item ~2 of the Region's letter respecting offsets. Mr. A. Gear of Group 2 Developments was granted permission to address Council. Mr. Gear stated that traffic counts would only confirm that there is a lot of traffic on Thorold Stone Road. With respect to the offsets referred to in item ~2, there is approximately a 400' distance from Rolling Acres and 800' from Dorchester Road. Mr. Gear further advised that he had correspondence from the M.T.C. concerning the interchange and would make it available for perusal. It was requested that Council make a decision on the,Subdivision, and not defer the matter again, so that his firm could proceed with development of the subdivision. Additions 1 comments were also provided by the Director of Municips 1 Works, and the Regional Director of Engineering on the matter. Following further discussion, it was moved by Aldermsn Crowe, seconded by Alderman err, that the matter be tabled to ascertain whether traffic counts have been taken, ahd to ascertain from the M.T.C. coum,ents concerning the location of Burbank Crescent in connection with the Thorold Stone Road Interchange. The motion was Defeated with the following vote: AYE: Aldermen Cr"~"F, Fera, Mann and Orr. ~7'YE: Aldermen Michael, Puttick, Schisler, Stewart, Thomson and Cheesman. -4- It was then moved by Alderman Cheesnmn, seconded by Alderman Stewart, that the communication be received and filed, and the report received and adopted. The motion Carried with the following vote: AYE: Aldermen Puttick, Schisler, Stewart, Thomson, Chessman and Mayor Bukator. NA~: Aldermen Crows, Fera, Mann, Michael and Orr. See Resolution No, 88 COMMUNICATIONS No. 117 - World Literscy of Canada - Re: International Literacy Day. The communication requests that September 8, 1976, be proclaimed as International Literacy Day. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the request be approved subject to the established policy on proclamations. No. 118 - Regional Municipality of Niagara - Re: Processed Organic Residue Recovery Site. The conmunication requests: 1) An amendment to By-law No. 1538 or other by-laws as may be necessary to permit the use of the subject lands for the storage and transfer of processed organic residue. 2) The closing and conveyance to the Regional Municipality of Morris Road between Lincoln Street and Yokom Road; 3) An amendment to the official plan to permit the clos ing and rezoning of part of Morris Road for use as described in (1) above. During the discussion on this matter, Alderman Thomson asked if the Region had powers of expropriation that could be used to acquire properties possibly more suitable, that were not available for sale. Mr. C. H. Eidt, Director of Engineering for the Region was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Thomson. Mr. Etdt advised that the property located near the Welland Chemical was the Region's first choice for the location of the facility. Contact had been made with the owner of the lands, and the Region had been advised that the property was not for sale. This fact was again confirmed during the past week. The Region does have powers of expropriation, but chooses to use this power only when necessary. Consultants were engaged to determine suitable locations for such an~operation. From the one hundred sites originally selected, the site in the former Crowland Township was finally chosen as the mostssuitable site available. Regional Councillor M. Taylor stated that it is the Region's responsibility to dispose of this material, and the provision of this facility is a necessity in allowing future development within the Region. Mr. Taylor requested the co-operation of the City in expediting a solution to this problem. Both Mr. Eidt and Regional Councillor Taylor ..... provided additional information in response to several questions raised. Considerable discussion took place on this matter, during which time several members of Council commented on the necessity of such a facility which will permit future development in the area. In addition, Alderman Schisler pointed out several disadvantages of the Crowland site, and felt that the property near the Welland Chemical would be better suited for such an operation as opposed to the Region's selection. Following further comment, it was moved by Alderman Schisler, seconded by Alderman Fern, that item ~1 of the Region's request ~eapecting the rezoning, be referred to the Planning and Development Committee, and further that items ~2 and ~3 be tabled pending receipt by Council of the reccamuendations of the Planning and Development Committee on the rezoning. The motion Carried unanimously. NOTE~,.Aldennan err retired from the meeting. No. 119 - Mr. B. b~rbella, 6405 Weedy Drive - Re: Driveway Approaches. The communication protests the City's policy of not paving approaches'on the City's property. ORDERED on the motion of Alderman Fern, seconded by Alderman Stewart, that Mr. Marbells be informed of the dxisting policy and the reasons for its adoption. No. 120 - Cansdis Niagara Falls, Limited - Re: Zoning. By-law ~6-68. The · con~nunication expresses appreciation for the co-operation of the City in the processinS of the Cansdis rezoning by-law. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the communication be received and filed. No. 121 - Association of professional En2ineers of Ontario - Re; ~. R.W. Rodman. 'The communication advises that Mr. R.W, Rodman has been elected to the office of Chairmen of the Niagara Chapter .of the Association. ORDERED on the motion of Alderman Michael, seconded by Alderman Stewart, that congratulations'be extended toM r. Rodman, av~ further that the communication be received and filed. - 5 - No. 122 - Crystal Beach Alpsfest Committee - Re: Annual Parade. The communication requests the participation of the City's float in the annual parade to be held on August 13, 1976, and extends an invitation to the Mayor and Council to participate in the events of the evening. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the City float be authorized to participate in the parade, and further that the Alpafest Committee be thanked for the invitation extended to members of Council. No. 123 - J. G. Collins Real Estate Limited - Re: Blocks A and B, R.P. 244, Stokes Street. The communication requests consideration of the sale of Blocks A and B in Registered Plan 244, for the purposes of residential building lots. ORDERED on the motion of Alderman Schisler, seconded by Alderman Michael, that J. G. Collins Real Estate Ltd. be advised that Blocks A and B, Registered Plan 244 are intended for park purposes, and are therefore not available for sale. REPORTS No. 445 - City Manager - Re: Development Control Policy - Niagara Falls. The report recommends adoption of the Development Control Policy. ORDERED on the motion of Alderman Crowe, seconded by Alderx~n Thomson, that the report be tabled for further study until the next meeting of Council. No. 446 - Recreation Conmission - Re: Appointment to Northwest Recreation Board. The Commission recommends that Mr. Fred Sacco be appointed to the Northwest Recreation Board to fill the vacancy created by the resignation of Mr. A. Newbery. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the recommendation of the Recreation Commission be adopted, and Mr. Sacco be appointed to the Northwest Recreation Board. No. 447 - City Solicitor - Re: AM-18/75, J. & E. Dew, North Side of Elizabeth Street. The report advises that Mr. and Mrs. Dew do not wish to proceed with the application for rezoning, and recommends that the by-law repealing the rezoning by-law be passed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. See By-law No. 76-182 No. 448 ~ Alderman C. Chessman - Re: Community Month. The report recommends that the month of October be proclaimed as "Community Month", and requests suggestions or ideas for projects which may provide an increased awareness and understanding of the community. ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson, that the report be received and adopted. No. 449 - City Manager - Re: Agreement witM Greater Niagara Falls Minor Hockey Association. The report recommends that the by-law authorizing the amending agreement with the Association be passed. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. See By-law No. 76-183 No. 450 - City Manager - Re: Intersection Control Robinson Street and Buchsnan Avenue. The report recommends that the necessary by-law be prepared to allow the removal of the signals at the intersection of Robinson Street and Buchanan Avenue and further thst stop signs be erected on both the northbound and southbound approaches of Buchanan Avenue at Robinson Street. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. No. 451 - Ctt~.,Mansger - Re: School Crossing Guard - Portage Road a~ Stsnley Avenue North. The report recommends that the City Manager be authorized to take the necessary steps to place a school crossing guard at this location. ORDERED on the motion of Alderman Chessman, seconded by Alderman Crowe~ that the report be received and adopted, No. 452 - City Manager - Re: Annual Plumbing Inspectors' Conference. The report rebommends that the City Plumbing Inspector be authorized to attend the annual conference of the Ontario Plumbing Inspectors' Association to be held in Sudbury from September 26 to 29, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received and adopted. -6 - - 7- No. 453 - City Manager - Re: Statement of Revenue and Expenditure. The report provides information on the statement of revenue and expenditure for tax supported services, water and parking operations for the s ix months ended June 30, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and filed. No. 454 - City Manager - Re: Debenture Issues - C.M.H.C. The report recommends that the City request the Regional Municipality of Niagara to issue debentures with Central Mortgage and Housing Corporation for the Stanley Avenue atorm sewer project in accordance with the terms and amounts set out in the schedule. ORDERED on the motion of Alderman Crowe, seconded by Alderman Fera, that the report be received and adopted. See Resolution No. 89 No. 455 - City Manager - Re: Rental of Trucks. The report provides information regarding rental of trucks of the same type as owned by, and therefore could have been supplied by the City. ORDERED on the motion of Alderman Stewart, seconded by Alderman Cheesmsn, that the report be received and filed. No. 456 - City Manager - Re: Development Plan Approval, 254188 Motor Inn Ltd. The report recommends that Council approve the Development Plan aa submitted, and that the by-law authorizing the execution of the Development Agreement be passed. 9RDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. See Byelaw No. 76-184 NOTE: Alderman Crowe declared a conflict of interest and abstained from voting on this matter. No. 457 -Clty Manager - Re: Closing and Sale of Duncan Avenue. The report recommends that Duncan Avenue be closed and sold to Mr. M. Smiljanich subject to him entering into an agreement of purchase and sale of the subject lands at a price of $16,000.00, and that such agreement be executed prior to the commencement of road closing procedures. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. No. 458 - City Manager - Re: Contract R.C. 22-76, Finished Road Construction in Thorold Stone Acres Subdivision. The report recommends that the unit prices submitted by Steed & Evans Ltd. be accepted, and further that the by-law authorizing the execution of the contract agreement be approved. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisle~, that the report be received and adopted. See Resolution No. 90 See By-law No. 76-185 No. 459 -Clty Manager - Re: Contract R.C. 23-76, Finished Road Construction in Westwood Village Subdivision and Westwood Village Extension I Subdivision. The report recommends that the unit prices submitted by Venttells Bros. be accepted, and further that the by-law authorizing the execution of thecon contract agreement be approved. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. See Resolution No. 91 See B]-law No. 76-186 No. 460 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. Alderman Stewart questioned Cheques ~4557, ~4608 and ~4758 which involved the rental of equipment. The Director of Municipal Works explained the Cityes policy on renting equipmentJ stating that the City rents equipment when it is not economics1 to purchase the equipment l~ it is not used on s continuous basis. The Director of Municipal Works also provided information on the duties of truck drivers on City construction projects in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Mann, seconded by Alderman Fare, that the report be received and adopted, NOTE: Alderman Puttick declared a conflict of interest with respect to L Cheques ~4641 end 4~75, and abstained £romvociq. RESOLUTIONS No. 88 - CHEESMAN - STEWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of River Realty Development Limited and Group 2 Development Limited for the develop- ment of approximately 9 acres of property located at the south-east corner of Thorold Stone Road and the Queen Elizabeth Way, to the north of Registered Plan M-18, 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 with the following vote: AYE: Aldermen Puttick, Schisler, Stewart, Thomson, Cheesman and Mayor Bukator. NAYE: Aldermen Crowe, Fern, Mann, Michael and Orr. No. 89 - CROWE - FERA - RESOLVED that the Corporation of the City of Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures with Central Mortgage and Housing Corporation in accordance with the terms and amounts set out in the schedule; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 90 - THOMSON - SCHISLER - RESOLVED that the unit prices submitted by Steed & Evans Limited for the construction of finished roads in the Thorold Stone Acres Subdivision, be accepted at the tendered price of $95,721.21; AND the Seal of the Corporation be hereto affixed. Carried UnanimouSly No. 91 - THOMSON - SCHISLER - RESOLVED that the unit prices submitted by Venttells Bros. Construction Limited for the construction of finished roads in the Westwood Village Subdivision and Westwood Village Extension I Subdivision, be accepted at the tendered price of $114,702.50; AND the Seal of the Corporation be hereto affixed. Carried Unanimously B Y- LAWS ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that leave be granted to introduce the followihg by-laws, and the by-laws be read a first time: No. 76-180 - A By-law to authorize the execution of an amending agreement with Niagara Square Limited and others. No. 76-181 - A By-law to acquire certain lands for the purpose of the public transportation system operated by Greater Niagara Transit Commission. No. 76-182 - A By-law to repeal By-law No. 75-194. (J. & E. Dow, AM-18/75) No. 76-183 - A By-law to authorize the execution of an amending agreement with Greater Niagara Falls Mind~ Hockey Association. NO. 76-184 ~ A By-law to authorize the execution of a development agreement with 254188 Motor Inn Limited. No. 76-185 - A By-law to authorize the execution of an agreement with Steed & Evans Limited for the construction of roads. (Contract R.C. 22-76) No. 76-186 - A By-law to authorize the execution of an agreement with Ventrails Bros. Construction Limited for the construction of roads. (Contract R.C. 23-76) No. 76-187 - A By-law!~to amend By-law No. 3790, being a By-law for the regula- tion of traffic, (Parking Prohibition - Temperance Avenue) No. 76-188 - A By-law to amend By-law No. 7531, being a By-law to provide for the erection of stop signs at intersections. (Marshall Rd, at Beck Rd.) No. 76-189- A By-law to amend By-law No. 72-163, being a By-law to prohibit .hbavy traefic on certain highways in the City of Niagara Falls. (Rolling Acres Drive) No. 76-190 - A By-law to authorize an agreement with Abell Waco Limited for rodent controldervices. - 8 - No. 76-191 - A By-law to provide monies for general purposes. Carried with Alderms Crowe abstaining on~ Alderman Puttick abs~' .ing on a conflict of interest on Cheques_~ and ~4775 of By-law 76-191, and Alderman Thomson voting contr~ on By-law No. 76-190 ORDERED on the motion of Alderman Fete, seconded by Alderman Cheesman, that the following by-laws be now read a second and third time: No. 76-180 - A By-law to authorize the execution of an amending agreement with Niagara Square Limited and others. No. 76-181 - A By-law to acquire certain lands for the purpose of the public transportation system operated by Greater Niagara Transit Commissi0 No. 76-182 - No. 76-183 - No. 76~184 - No. 76-185 - No. 76-186 - No. 76~187 - No. 76-188 - No. 76-189 - No. 76-190 - No. 76-191 - A By-law to repeal By-law No. 75-194. (J. & E. Dow, AM-18/75) A By-law to authorize the execution of an amending agreement with Greater Niagara.Palls Minor Hockey Association. A By-law to authorize the execution of a development agreement with 254188 Motor Inn Limited. A By-law to authorize the execution of an agreement with Steed & Evans Limited for the construction of roads. (Contract R.C. 22~76) A By-law to authorize the execution of an agreement with Ventrella!~[ Bros. Construction Limited for the construction of roads. (Contract R.C. 23-76) A By-law to amend By-law No. 3790, being a By-law for the regula- tion of traffic. (Parking Prohibition - Temperance Avenue) A By-law to amend By-law No. 7531, being a By-law to provide for the erection of stop signs at intersections. (Marshall Rd. at Beck A By-law to amend By-law No. 72-163, being a By-law to prohibit heavy traffic on certain highways in the Gity of Niagara Falls. (Rolling Acres Drive) A By-law to authorize an agreement with Abell Waco Limited for rodent control services. A By-law to provide monies for general purposes. Carried with Alders: Crowe abstaining one conflict of interest By-law No. 76-184, Alderman Puttick abs !hE on e conflict 0f interest on Cheques! and ~4775 of By-law] 76-191, and Alderman Thomson voting contra on By-lsw No. 76-19~ NEW BUSINESS . P~INBOW GARDRI~ CONDOMINIUM. DUNN STREET Aldernmn Michael asked if the plan of subdivision for the Rainb~ Gardens Cond~ninium project on Dunn Street had been reSistered, and if Corald Develop- ments had paid the outstanding servicing, costs required by the City. The City Solicitor advised that he had received several inquiries on this matter, and had written to the developer asking whether Corald Developments was prepared to pay the costs in accordance with the estimates o~ the Engineering Department. - 9- No reply to this communication has been received to date. The Solicitor further explained that the City must wait until the developer decides whether he wishes to proceed. Alderman Michael explained that because the plan was not registered, residents who have purchased units cannot make mortgage psyments and are paying an occupancy fee only, which is not deducted from their mortgage. The residents are under the impression that the City is involved in the delay, and are very concerned over the matter. Alderman Michael requested the City Clerk to forward a letter to the residents explaining that the City is not responsible for the delay in registering the plan of subdivision, and that the problem rests with the developer. PRINCESS TREATRE, MAIN STREET Alderman Puttick advised that he had been approached by a number of citizens interested in using the Princess Theatre on Main Street, which is to be closed in the future, for live theatre productions. The Alderman felt that the suggestion had merit, and should be studied. It was moved by Alderman Puttick, seconded by Alderman Cheesman, that City staff contact Mr. Ted M~Quade and the "little theatre" group to investigate the possibility of the Princess Theatre being utilized for live theatre productions. The motion Carried unanimously. It was moved by Alderman Crowe, seconded by Alderman Stewart, that the ~ meeting adjourn. .~, MAYOR THIRTIETH MEETING Committee Room #1 August 16, 1976 Council met in Committee of the Whole at 7:00 p.m. on Monday, August 16, 1976. All Members of Council were present with the exception of Aldermen Crowe, Harrigan and Mann. HiS Worship, Mayor Bukator presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR Council Chambers August 16, 1976 Council met on Monday, August 16, 1976, at 7:30 p.m. for the purpose of" considering general business. All Members of Council were present with the exe~ption of Aldermen Crows, Harrigan and Mann. His Worship, Mayor Bukator presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the minutes of the meeting onfAugust 3, 1976, be adopted as printed. PRESENTATION His Worship, Mayor Bukator presented a framedcertificate on behalf of the Council and Citizens of the City of Niagara Falls to Miss Jackie Mitchell in recognition of her participation in the Olympic Games for the Phys ically Disabled held in Toronto during August, 1976. Miss Mitchell won a Bronze Medal for Canada in the 100 metre backstroke. DEPUTATION SPORTS AND REHABILITATION COMPLEX - NIAGARA FALLS Mr. George Heinonen of Canada Scandsnavian Enterprises was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Chessman. Mr. Heinonen advised that Finland is an advanced country in the fitness field, and has a number of sports and rehabilitation centres throughout the country. Canada Scandanavian Enterprises wanted to locate this type of facility in Canada, and finally came to the conclusion that Niagara Falls was the most desirable location. The "Niagara Project" will consist of a rehabilitation and spores complex, with facilities for swimming, track and field, a gymnasium, indoor and outdoor pools, squash courts, saunas, living accommodation for 1200 and dining for 600. A Canadian architect will carry out the preliminary work, after which a Finnish architect, who had worked on the Toronto City Hall, will take over the project. A major track and field event will be held in Niagara Falls annually, and would attract athletes from around the world. If there are no delays, the complex will he completed in 1979 and trials could be held for the Moscow Olympics in this City. In response to several questions raised by members of Council, Mr. Heinenan advised that the complex involves an expenditure of $34,000,000 to $36,000,000. The Provincial Government is considering contributing funds to the project, but no funds are being requested throughout the Region. The final site when chosen, will require a rezoning, The City Manager advised that a speci&l zoning will have to be created for the complex, as the proposal does not fit any existing zoning in the City at the present time. His Worship, Nayor Bukator thanked Mr, Heinonen for coming to Council tom eke his presentation, and assured the co-operation of Council and City staff when the necessary rezoninS is required, -2- UNFINISHED BUSIMESS COMPLAINTS RE: DOMINION STORE, LUNDY'S LANE Report No. 461 - City Manager - The report advises of action taken in order to alleviate complaints from residents of the Ker Street area with respect to the Dominion Store operation on Lundy's Lane. It is recommended that a copy of the report be forwarded to Mrs. Laura Johns with a request that the City be notified whether or not the situation improves. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the report be received and filed, and a copy forwarded to FLrs. Johns with the request that the City be notified whether or not the situation improves, -3 - COMMUNICATIONS No. 124 - Ontario Municipal Employees Retirement Board - Re: Final Average Earnings Plan. The communication provides information on the change to a final average earnin s pension benefit. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the communication, be~.received and filed, and members of City staff and Unions be notified. No. 125 - Canadian National - Re: Niagara Falls Passenger Station. The communication advises that CN intends to demolish a portion of the west wing of the Niagara Falls passenger station, and requests advice on permits required and if the City has any objections. MULRERN PARK Report No. 443 - City Manager - The report advises that.the:Separate"B'chool Board is unwilling to participate in any further land exchanges, and it'is now necessary that a site for the Mulhern Park be finally agreed upon. Mr. Rookley of the Northwest Area Recreation Board advised that the residents were aware of the Separate School Board's decision, but hoped that they could have some input into traffic patterns in the area. In particular the residents feel that entrance to the park should not be from BelfastAAvenue, but from Ulster Avenue. The Deputy Planning Director advised that there -'were three possible points of access to the park, Baldwin, Belfast and Ulster. Traffic patterns will not be dealt with until the schools have been built. ORDERED on the motion of Alderman Thomson, seconded. by Alderman Chessman, that plans for the Mulhern Park continue, that the report be received and filed, and further that residents be given an opportunity to comment on the plan prior to final approval. DEVELOPMENT CONTROL POLICY Report No. 445 - City Manager - The report reconmends adoption of the Development Control Policy and procedure. The Director of Municipal Works provided information regarding policies on Regional Roads in response to a question raised by Alderman Puttick. The Alderman also pointed out that Page 2, section 3.1 referred to the brand name of a type of cement, and felt that the policy should not contain a brand name but refer to the material in general. The Director of Municipal Works advised that the error would be corrected. ORDERED on the motion of Alderman Thomson, seconded by Alderman O~r, that the report and p61~cy be received and adopted. P06SIBLE ACQUISITION OF LANDS ADJACENT TO BATTLEFIELD CEMETERY Report No. 462 - City Manager - The report advises of unsuccessful;mttempts~to obtain funding from the Provincial and Federal Governments in order to preserve -the lands adjacent to the Drummond Rill Cemetery as an historical park, and certain disadvantages of the site for usage as s park. For'these~ressons, it is reco~nended that representatives of the owner be asked to meet with the City Planning staff in order to discuss further possible use of the property for residential purposes. Members of Council discussed the City's attempts to obtain government funding .for the park, and the City Clerk provided additional information on the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderma~ Orr, that the report be received and adopted. SHRINER'S CREEK RETENTION POND SITE - OLD BUILDING Report No. 463 - City Manager - The report advises that a request has been received from Mr. J. Ksmphius to purchase the building located on the property designated for the retention pond for the Shriner's Creek proposal. It is recommended that the City enter into an agreement with Mr. Ksmphius whereby he is authorized to remove the mteriel conditional on the site being left clean and clear to grade and that the City not be held liable in anyway. ORDERED on the motion of Aldermen Cheesman, seconded by Alderman Fete, that the report be received and adopted. Due to the historical importance of this building, members of Council felt that the advice of the Architectural Conservation Advisory Committee should. be obt~ined~ ORDERED on the motion of Alderman Thomson, seconded by Alderman Michael, that the co~munication be referred to the Architectural Conservation Advisory Comment for study and a report. No. 126 - Regional Municipality of Niagara - Re: Water Restrictions. The communication advises that if water restrictions sreiimposed in Niagara Falls they will also apply to the Town of Nisgara-on-the-~ake. ORDERED on the motion of Alderman Chessmen, seconded by Alderman Stewart, that the co~munication be received and filed. No. 127 - Regional Municipality of Niagara - Re: Submission to the Blair Commission on Property Tax Reform. Alderman Chessmen provided the City Manager with copies of material he . had obtained on this subject at the Association of Municipa litlea of Ontario conference. The City Manager also provided information in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Chessman, seconded by Alderman Smeaton, that members of Council review the Region's submission and provide the City Clerk with their comments prior to August 30th in order that a comprehensive reply can be prepared for submission to the Region. No. 128 - Regional Municipality of Niagara - Re: Proposed Sludge Disposal Site, City of Niagara Falls. The communication provides information on the Region's consideration of alternate sites for the proposed sludgedd~sposal operation. Durin~ the discussion on this matter, reference was made to information received by members of Council regarding the quality of soil in the area of the Region's proposed sludge disposal site. The clay content in the soil would act as a natural seal for the site according to Regional officials, however bore holestesting carried out by the St. Lawrence Seaway Authority several years ago,~hows that the soil is extremely porous, composed. of s~lt and sand. The maximum clay content is 8% which could prove inadequate for sealing purposes, Aldelmaan Michael provided additional information with respect to problems being experienced in different areas as a result of sludge disposal operations. The C~ty of Indianapolis has spent up to $10,000,000 to eliminate their sludge ponds. Environment Canada. also reports that there is evidence in Europe that crop damage has occurred as a result of the application of sewage sludge to agricultural land. The land is showing signs of exhaustion resulting from extensive sludging. · Concern was also expressed that industrial waste might also be disposed of at the site. Reference was also made to the Region's reluctance to expropriate lands for the purpose of the sludge disposal site, . Due to the apparent inadequacy of the soil. in the area and objections of the residents, it~.~as also felt by several members~ that expropriation was warranted in this situation. Alderman Puttick pointed out that the Region could not carry out soil tests on lands they did not own, and if the lands were expropriated and found to be unsuitable, the ,-,penditure could not be Justified. Aldermad Schisler, Smeeton and Thomson felt that s number of statements made by the Region regarding the various sites considered appeared to be conflicting. Following further discussion, it was moved by Aldermen Cheesmen, seconded by Alderman Smeaton, that the communication be received and filed~ and further L -4- that the Region be acquainted with the information given to members of Council regarding Site ~18, and sludge disposal operations in general. The motion Carried unanimously. It was then moved by Alderman Cheesman, seconded by Alderman Thomson, that the Region be requested to reinvestigate the possibility of acquiring alternate sites, particularly those that must be expropriated. The motion Carried with the following vote: AYE: Aldermen Fern, Michael, Orr, Smeaton, Stewart, Thomson and Cheesman. NAYE: Aldermen Puttick~ and Schisler. No. 129 - Mr. Hans Burger - Re: Proposed Regional Sludge Disposal Site. The conmunication comments on the proposed sludge disposal site.~ ORDERED on the motion of Alderman Michael, seconded by Alderman theesmart, that the communication be received and filed. No. 130 - Mrs. Brenda Cronin - Re: Railroad Crossing - Proposed Morrison Street Extension. The communication requests assistance in obtaining a crossing guard for the CN crossing in the vicinity of the proposed Morrison Street Extension. Mrs. B. Cronin was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Stewart. Mrs. Cronin advised that this problem has been going on for seven years, and nothing has been done to date. Mrs. Cronin's daughter will be starting school this Fall, and will have to cross the railroad tracks in the vicinity of the proposed Morrison Street Extension. Alternate routes are not acceptable due to distance, and the lack of sidewalks. Mrs. Cronin requested that a crossing guard be placed at the crossing for young children in September. Members of Council reviewed the history of the matter, and the legalities involved in appointing a crossing guard at this location. The Projects and Services Engineer pointed out that the problem centred around the fact that the crossing was not a legal crossing. He felt that Council should not appoint a crossing guard to assist children in using the illegal crossing. The Canadian Transport Commission has been approached about legalizing the cross ing, but approval has not bean obtained as yet. The City Clerk also provided additional i~formation. Following further discussion, it was moved by Alderman Thomson, Seconded by Alderman Smeaton, that His Worship, Mayor Bukator and Mr. Roger Young, M.P. approach the Canadian Transport Commission in order to expedite approval of the crossing as a legal crossing. The motion Carried unanimously. NOTE: The petition from residents of the Centre Street area was brought forward for consideration at this time. PETITION Corm. No. 131 - Residents - Centre Street Area - Re: One-Way Traffic on Centre Street. ~e petition states:that the imposition of one-way traffic on Centre Street between Victoria and Ellen Avenues is affecting b~sinesses in the area. Mr. J. gtranges was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Michael. Mr. Stranges felt that the one-way section of Centre Street was affecting business operations in the area. Problems were also being experienced by employees working st the various tourist establishments in reaching their Jobs by car. Concern was. expressed by severalmembers that traffic during changes during the middle of the tourist season could seriously affect tourist establishments in the area. The time period involved in reverting Centre Street back to two-way traffic, was also a matter of concern. The Director of Municipal Works advised that'the:time period would involve three to six k~ weeks~tn order to pass another by-law and obtainn Regional approval of same. Although the change was imposed as a temporary. measure, ~he Director of Municipal Works felt that since it had only been in force a short time, the City should be given an opportunity to determine if there were any benefits to the change. Reference was also made to traffic studies carried out in the area, one of which reco~s~ended the Centre Street change. The Projects & Services Engineer advised that the change was made to move traffic through the area and into. other parts' of the City. The. ProJeots & Services Engineer felt -5 - that the City should wait for the N.R.T.A. to report on the effects of the change on the total tourist industry in the City. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Michael, that the City Solicitor be directed to prepare a by-law to rescind By-law 76-158 which designates Centre Street between Victoria Avenue and Ellen Avenue as a one-way street. The motion Carried with the following vote: AYE: Aldermen Fern, Michael, Orr, Smeaton and Thomson. NAYE: Aldermen Puttick, Schisler, Stewart and Cheesman. REPORTS No. 464 - City Manager - Re: AM-3/75, Home for the Mentally Retarded, Kalar Road. The report recommends that Council approve the purchase from Ontario Hydro of a parcel of land about 3.2 acres, and the sale of the parcel to the Greater Niagara Association for the Mentally Retarded at the City's costs and that a by-law ~o authorize the purchase and resale be submitted to a subsequent meeting of Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report be Teceived and adopted. No. 465 - City Clerk - Re: AM-35/75, Power Glen Investments Ltd., McLeod Road. The report advises that the Ontario Municipal Board has appointed September 29, 1976 at 11:00 a.m. in City Hall Council Chambers for the hearing of all parties interested in supporting or opposing the application. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report be received and filed. No. 466 - City Clerk - Re: Zodtng Amendment - Willoughby Drive, Cattell Drive, Furlong Avenue and Weinbrenner Road. The report advises that the Ontario Municipal Board has appointed September 30, 1976 at 11:00 a.m. in City Hall Council Chambers for the hearing of all parties interested in supporting or opposing the application. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and filed. No. 467 - City Manager - Re: Fire Department Uniform Tender. The report recommends that the tender submitted by Audibert Men's Fashions for complete uniforms and fatigue type pants be accepted. It is also recommended that Fishman's Men'a Shops be awarded the tender for shirts and ties. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the report be received and adopted. See Resolution No. 92 No. 468 - City Manager - Re: Residential Rehabilitation Assistance Program. The report recommends that the by-law authorizing the execution of a new agreement with CMHC regarding the Residential Rehabilitation Assistance Program, be passed. ~: ORDEREDon the motion of Alderman Michael, seconded by Alderman Orr, that the report be received and adopted. See By-law No. 76-192 No. 469 - City Manager - Re: Drummond South N.I.P. Area, The report advises that the Municipality must pass a resolution authorizing the application for contribution toward the N.I.P. implementation stage and a by-law adopting the redev~lopment plan. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report be received and adopted. See Resolution No. 93 See By-law No. 76-193 No. 470 - City Manager - Re: Renewal of Agreement - Fire Alarm Stations. The report recommends that the by-law authorizing execution of an agreement with Dominion Electric Protection Company for the maintenance of twenty street manual fire alarm stations, be passed. ORDERED on the motion of Alderman Sehisler, seconded by Alderman Stewart, that the report be received and adopted. See By-law No. 76-194 No. 4~1 - City Manager - Re: Conveyance of Part of Rbad Allowance between Twp. Lots 125 and 131. The report recommends the conveyance of part of an unopened road allowance between Township Lots 125 and 131, and that the ~y-law authorizing the conveyance be passed. ORDERED on the motion of Aldernmn Thomson, seconded by Alderman Stewart, that the report be received and adopted. The motion Cgrried with Aldermsn Schisler voting contrary, end all others in fsvour. See By-law No. ~6-19}. -6 - No. 472 - City Manager - Re: Leasing of Parking Spaces, Morrison Street Lot. The report recommends that the by-law authorizing the execution of the lease agreement with the Region for the parking of cars for use by the Niagara Regional Board of Commissioners of Police for a term of 20 years at an annual rate of $400.00, be passed. Alderman Thomson pointed out that the Parking Committee was reviewing the rental fees charged for parking spaces, and the Committee felt that the $50 fee would soon be inadequate. Since the agreement provides for the $50 fee over a twenty-year period, the Alderman felt that the $50 fee was unrealistic and should be open to negotiation annually. The Projects and Services Engineer provided additional information in response to several questions raised. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Michael, that the report be received and filed, and further that the by-law be amended to provide for periodic adjustments in the rental fee, rather than the established amount as presently provided. The motion Carried unanimously. No. 473 - City Manager - Re: Debenture Issue - Winter Capital Projects Fund. The report recommends that the City request the Regional Municipality of Niagara to issue debentures with the Province of Ontario - Winter Capital Projects Fund in accordance with the terms and amounts set out in the schedule. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that the report be received and adopted. See Resolution No. 94 No. 474 - City Manager - Re: Roads & ~ransportation Association of Canada - 1976 Annual Conference. The report recofinnends that ona~mamber of staff and one member of Council be authorized to attend the 1976 Annual Conference to be held in Quebec City fromSeptember 12 - 16~ 1976. ORDERED on the motion of Alderman Chessman, seconded .by Alderman Michael, that the report be received and adopted. No. 475 - City Manager - Re: Association of Municipal Tax Collectors of Ontario. The report recommends that the Tax Supervisor be authorized to attend the annual conference to be held in Scarborough from September 12 - 15, 1976. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the report be received and adopted. No. 476 - City Manager - Re: Bleachers at Cakes Park. The report requests ratification of verbal approval received from Council earlier, to accept the quotation of CO]-mhuS Plate Works for the temporary strengthenin~of the Oakes Park bleachers, and to commence construction on the work required. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that the report be received and adopted. The motion CarriFd with the following vote: AYE: Aldermen Fare, Michael, 0rr, Smeatop, Stewart, Thomson a~d-Cheesman. NAYE:.Aldermen Puttick and Schisler, . " See Resolution No. 95 No. 477 - City Manager - Re: Concession Agreemant.'at Stamford Memorial Arena with Niagara Falls Minor Hockey Ladies' Auxiliary. The report recommends that the by-law authorizinS the concession agreement with the Niagara-Falls Minor Hockey Ladies' Auxiliary for one year, be passed, ORDERED on the motion of Alderman Chessman, seconded b~ Alderman Smeaton, that the report be received and adopted. See'By-law NO. 76-1~ ,,No. 478 - City Nenager - Re: Unopened Road Allowance on Missnet Road between Carl Rnad and BigSat Road. The report recommends .that the by-law authorizing . sn agreement with Mr. V. Pietrangelo for the removal of trees, brush and other similar types of obstruction. within a certain area, be passed. eRDa-RED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report be received and adopted. See By-law No. 76-19~ No./+79 - City Menseer -Re{ Improvements to Sidewalks and Pavement On Perk Street and ~.rie Avenue Adjacent to NeW Transit Garage Building. The report .r~,~a~nds~ that ~the,'neeesssr)~ works he, carried out in 1976, and that the - 7- cost of sidewalk repairs be charged against the sidewalk account, and the cost of repaying be charged against the Commercial Development account. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. No. 488 - City Managers- Re: Dorchester Square Subdivision. The report recommends that Council accept a proposal of the developer to dedicate 2.50 acres of park to the Municipality if a stipulation is included in the Subdivision Agreement that no additional park requirements would be required when hhe 18.1 acre parcel of land is developed. It is also recommended that a suitable clause be inserted in the Subdivision Agreement indicating that no additional park requirements will be requested by the City as a condition of development of the 18.1 acre parcel of land. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. No. 481 - City Manager - Re: Proposed Grade Separation of gentrose Road at C.N.R. Right-of-way. The report recommends that alternative number 1A be approved by Council, sub4ect to certain changes for the typical cross-section. OREEKED on the motion of Alderman Puttick, seconded by Alderman Michael, that the report be received and adopted. No. 482 - Loan Review Conunittee - Re: Applications for Assistance. The report recommends approval of twenty-two applications for assistance under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Chessman, seconded by Alderman Stewart, that the report be received and adopted. No. 483 - City Manager - Re: Building Permits. Breakdown of permits issued by the Building & Development Department for the month of July, 1976. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and filed. No. 484 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and adopted. NOTE: Alderman Puttick declared a conflict of interest with respect to Cheque ~4994, and abstained .from voting. RESOLUTIONS No. 92 - CHEESMAN - SCHISLER - RESOLVED that the low, tender submitted by Audibert Mun's Fashions for complete Fire Department uniforms and fatigue type pants be accepted at the total price of $8,643.37; further that the low tender submitted by Fishman's Man's Shop for shirts and ties in the total amount of $3,656.46 be accepted; AND the Seal of the Corporation be 'hereto affixed. -~' Carried Unanimously No. 93 - PUTTICK - CHEESMAN - RESOLVED that the Council of the Corporation -of the City of Niagara Falls hereby authorizes: '1) The submission of an "Application for Contribution - Neighbourhood Improve- mant ~rogram Implementation Stage" to the Ministry of Housing for a Federal contribution of $299,000.00 and a Provincial contribution of $232,250.00 under the terms of Part III -1 of the National Hens ing Act and pursuant to the agreement entered into between the Province of Ontario and Central Mortgage and Housing Corporation dated June 17, 1975 and Section 24 of the Planning Act, Province of Ontario, to assist in implementing the Dr,,~m. ond South Improvement Plan. 2) The submission of an application for an accountable advance of $40,000.00 from the Federal Government and $20,000.00 from the Provincial Government and an agreement to account for this amount and to apply for further payments through the submission of certifieddstatements of implementation expenditures on a quarterly basis to the Province; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 94 - SCHISLRR - TH~ON - PaSOLVED that the Uorporation of the City of Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures with the Province of Ontario - Winter Capital Projects Funds in accordance with the terms end amounts set out in the schedule; AI~ the Seal 9~ the Corporation be hereto a~fixed. ~. Carried Unanimously -¸8- No. 95 - THOMSON - FERA - RESOLVED that the low tender submitted by Columbus Plate Works for the temporary strengthening of the Oakes Park bleachers be accepted at the tendered price of $12,600.00; AND ~he Seal of the Corporation be hereto affixed. Carried with Aldermen Puttick and Schisler ' ,.~ ,..,. . ~ voting contrary and others tn favour. No. 96 - PUTTICK - SMEATON - RESOLVED that a letter expressing get well wishes be sent to former Mayor Franklin Miller, who is recuperating from a recent illness; AND the Seal of the Corporation be hereto affixed. Carried Unanimously B Y- LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Michael, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 76-100 - DELETED No. 76~192 - A By-law to authorize the execution of an agreement with Central Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program. No. 76-193 - A By-law to adopt a Redevelopmerit Plan for the Drummond South Redevelopment Area. No.. 763194 - A By-law to authorize a supplementary agreement with Dominion Electric Protection Company for the maintenance of a fire alarm signalling system. No. 76-195 - A By-law to authorize the execution of a conveyance of part of the road allowance between Township Lots '125 and 131 for the former Township of Stamford. No. 76-196 - DELETED No. 76-197 - A By-law to authorize the execution of an agreement with the Niagara Falls Minor Hockey Ladies Auxiliary for concession rights at Stamford Memorial Arena. No. 76-198 No. 76-199- A By-law to authorize the execution of an agreement with Victor Pietrangelo for the removal of trees, brush and similar types of obstruction within an unopened road allowance on Missnet Road between Carl Road and Biggar Road in the Gity of Niagara Falls. A By-law ~o provide monies for.general purposes. Carried wi~h Alderman - Schisler voting .... ' on By-law No. 76-195 8~ Alderman Puttick ing on a conflict of interest with respect Cheque 4~4994 of 76-199. ORDERED on the motion of Alderman Smeaton, seconded by Alderman. Stewart, that the following by-laws be now read a second and third ti.me: No. 76-100 - DELETED No. 76-192 - A By-law to authorize the execution of an agreement with Central Mortgage and Housing Corporation respecting the Residential ; Rehabilitation Assistance Program. No. 76-193 - A By-law to adopt a Redevelopment Plan for the l)r-mmond South Redevelopmerit Area. No. 76-194 -A By-law to authorize a supplementary agreement with Dominion Electric Protection Company for the ~sinten~nce of a fire alarm signalling system, - 9 - 'No. 76-195 - A By-law to authorize the execution of a conveyance of part of the road allowance between Township Lots 125 and 131 for the former Township of Stamford. No. 76-196 - DELETED · -No. 76-197 - A By-law to authorize the execution of an agreement with the Niagara Falls Minor Hockey Ladies Auxiliary for concession rights at Stamford Memorial Arena. No. 76-198 - A By-law to authorize the execution of an agreement with Victor Pietrangelo for the removal of trees, brush and similar types of obstruction within an unopened road allowance on Misener Road between Carl Road and Biggar Road in the City of Niagara Falls. No. 76-199 - A By-law to provide monies for general purposes. Carried with Alderman Schisler voting contrary on By-law No. 76-195 and Alderman Puttick abstain- ing on s conflict of interest with respect t% Cheque #4994 of By-lawNo, 76-199. Alderman Puttick retired 'from the meeting. NEW BUSINESS NOISE OF VEHICLES - LUNDY'S LANE Alderman Smeaton expressed concern with respect to the noise of vehicles travelling on Lundy's Lane during the evening and early hours of the morning. Many of the residents in the area have given up hope that the problem will ever be resolved. Drivers using Lundy's Lane are not only violating the anti-noise by-law,but traffic regulations as well. Alderman Cheesman also pointed out that three persons have been killed on LUndy~sLaae during these hours. It was moved by Alderman Smeaton, seconded by Alderman Chessman, that the City Clerk forward a letter to Chief Sherman of the Regional Police requesting stricter enforcement of traffic regulations on the section of Lundy's Lane between Dr-mmond Road and Garner Road immediately, and that the comments of Chief Sherman be obtained on the progress of steps taken in this matter. The motion Carried unanimously. RAIL SHIPMENT OF HAZARDOUS MATERIALS Alderman Smeaton stated that although the regulations governing the shipment of.h~zardous materials by rail had been received, the City still does not know exactly what type of materials are being shipped through some of the densely populat&d,~sections of the community. It was moved by Alderman Smeaton, seconded by Alderman Thomson, that a letter be sent to the appropriate government authorities requesting answers to specific guestions previously raised by Council regarding the types of materials being transported by rail through the City of Niagara Falls. The motion Carried unanimously. PHOTCGHAPH - NIAGARA FALLS REVIEW Alderman Smeston referred to a photograph appearing in the Niagara Fells Review showing s number of naked persons on a beach. The Alderman felt that printing of the photograph was in poor taste. a ,L LORD THOMSON OF FLEET His Worship, Mayor Bukator suggested that s letter of condolence be forwarded to the family of the late Lord Thanson of Fleet, who at his death, owned numerous newspapers, including the Niagara Falls Review. The Mayor felt that Lord Thomson should be recognized for his contribution to this Country. SUgaR HOCKEY SCHOOL Alderman Orr provided members of Council with a report on the success of the summer hockey school being operated by the Niagara Falls Minor Hockey Association. The Alderman connnended the coaching staff for their excellent work with the young people in the City. ..... 10 - 10 - It was moved by Alderman Sineaton, seconded by Aldermen Stewart, that the meeting adjourn to Co ittee READ AND ADOPTED, e.' Committee Room #1 August 16, 1976 Council met in Co~antttee of the Whole on Monday, August 16, 1976, following a regular meeting of Council. All Members of Council were present with the exception of Aldermen CrowS, Harrigan and Mann. His Worship, Mayor Bukator .preadded as Chairmen. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, CLERK MAYOR Council Chambers August 16, 1976 Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present.with the exception of Aldermen Crows, Harrigan and Mann. His Worship, Mayor Bukator presided as Chairmen. The meeting adjourned. MAYOR THIRTY-FIRST MEETING Committee Room #1 August 30, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, August 30, 1976. All Members of Council were present with the exception of His Worship, Mayor B~kator and Alderman err. Alderman Chessman presided as Chairmen. Following consideration of the items presented, the Committee of the Whole arose without reporting.,-'&&as aa READ AND ADOPTED, Council Chambers August 30, 1976 Council met on Monday, August 30, 1976, 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 Bukator and Alderman err. Aldermen Schisler offered the Opening Prayer. RESOLUTION No. 97 - CHEESMAN - SMEATON - RESOLVED that Alderman S .W. Thomson be appointed Presiding Officer for the Council meeting of August 30, 1976; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ADOPTION OF MINUTES ORDERED on the motion of Aldermen Fera, seconded by Alderman Stewart, that the minutes of the meeting of August 16, 1976, be adopted as printed. UNFINISHED BUSINESS MORRISON STREET - PETTIT AVENUE CR(BSING OF CANADIAN NATIONAL RAILWAY T. RACK. S Report. No. 485 - His Worship, Mayor Bukator - The report advises that the subject crossing has now been approved By the appropriate Federal departments which will permit the City to provide a crossing guard at the location until such time as mechanical crossing protection is installed. It, is'-recommended th~t, Mr.tRoger~Yoeng=be th&nked,fcr~hls.~participation in the matter,'Snd fuVtherths~ a. crossing guard be stationed at the Morrison Street - Pettit Ege~aeDcrossing'-of~thecCa~mdtan-Nattonal-'ga~lway-~tracksA~ommenci~g Tuesday, September 7, 1976. Mrs. McKay, representing the area residents, thanked the members of Council for their efforts in this important matter. ORDERED on the motion of Alderman Smeaton, seconded by Aldermen Chessmen, that the report be received and adopted, and further that Mr. Roger Young and His Worship, Mayor Bukator be thanked for their assistance in this respect. SF~O INTERNATIONAL LTD. - WORK EFFECTIVENESS STUDY Comm. No. 132 - Mr. R. Pierce, Sego International Ltd. - The communication provides information and comments on certain recommendations contained in the work effectiveness study, in response to questions raised in s report of the City Manager dated July 19, 1976. Following discussion by members of Council, it wee moved by Alderman Chessmen, seconded by Alderman Puttick, that the communication be tabled until such time as His Worship, Mayor Bukstor has had an opportunity to meet with Department Heads, and report his findings to City Council. The ~otlon: Celtled ~fth Alderrosa Crows voting contrary, and all others in fayour. .$ - 2- - 3- AM-26/76, PROCESSED O~GANIC RESIDUE RECOVERY SCHEME Report No. 486 - Planning & Development Committee - The Committee recommends that the application by the Regional Municipality of Niagara to have lands in the former Township of Crowland, fezchad to permit their use for the development and construction of a processed Organic Residue Station, including Sludge Transfer Lagonr~, be denied. Mr. J. Healer was granted permission to address Council on the motion of Alderman Smeaton, seconded by Alderman Stewart. Mr. Healer reiterated previous submissions as to the unsuitability of the proposed sludge pond site and cormended Council for their stand in opposing the Region's application. A full discussion was held, during which time it was recognized that whatever objections may be raised, the final decision is in the hands of the Ontario Municipal Board. Mr. Hans Burger, one of the objecting .residents, added his comments in opposition to the Region's proposal. Following further discussion, it was moved by Alderman Michael, seconded by Alderman Fern, that the recommendation of the Planning & Development Com- mittee be adopted. The motion Carried with the following vote: AYE: Aldermen Crowe, Fern, Harrigan, Michael, Schis ler, Smeaton, Stewart, ~nd theeamen. NAYE: Alderman Mann and Puttick. GREATER NIAGARA TRANSIT COMMISSION - EXPRORPRIATION OF 4539 AND 4541 ERIE AVENUE Report No. 487 - City Manager - The report ~rovides detailed information on the expropriation of 4539 and 4541 Erie Avenue, for use as part of a storage and maintenance yard for the Transit Commission equipment. The report advises that the by-law authorizing an application for approval to expropriate may be given three readings and passed by Council. It will now be necessary for the City to serve Notice of Application for Approval to ExpropNiate by publication. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. See By-law No. 76-201 REQUEST OF WELLAND SECURITIES ~19649 LTD. TO CLOSE AND CONVEY UNOPENED ROAD ALLOWANCES IN THE FORMER TOWNSHIP OF WILLOUCHBY Report No. 488 - City Solicitor - The report provides detailed information on the request of Welland Securities (1964) Ltd. to close and convey certain unopened road allowances in the former Township of Willoughby, It..is. requested that!.rCouncil decide whether it will grant the requbst for a. conveyance of the section of the,original road allowance between Lots,.20. and 21 wArhour payment for thai.land included Within the limits Of the'roadatlowance,.,,,!Witb regard to the o~ginal road allowance-between the Broken Front ConceSsion and .Concession I (north-south road allowance) the solicitors for Welland Securities have agreed to pay for the 5.87~ acres included in the road closing by-law at the rate of $7,000 per acre fixed by Council,_making a tots! payment of $41,097 p.lus the costs incurred by the City. Al~angthy discussion was held regarding those sections of Edgeworth Road and the road allowance shown as '~" and "B" on the sketch attached to the report. In reply to questions raised by Alderman Crows, the City Solicitor indicated that it appeared that the section of Edgeworth Road shown as '~" on the s~etch was obtained for the relocation of a road in place of the road allowances and therefore Welland Securities did not feel compensation should be paid to the Municipality. Aldersan Crowe also questioned whether any attempt had been made to reach s compromise. The City Solicitor indicated that he had not been authorized by CounCil to attempt to reach a compromise. It was then moved by Alderman Crows, seconded by Aideman Smeaton, that the City Solicitor be authorized to discuss the matter further with Wellend Securities in the hope of reaching s compromise regardins those lands shown as '~" and "B~' on the sketch attached to the City Solicitor's report. ~hermoCion Carried unanimously. CO~2~NICATIONS No. 133 - Region Niagara Tourist Council - Re: Tourist Information Centre i~ Niagara Falls~ The commu2icetion requests Council's comments-and. suggestions regarding the need for additional tourist information centrag within the municipality of Niagara Falls. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the communication be referred to the N.R.T.A. for comment. No. 134 - Mr. P. Grandoni - Re: Proposed Morrison Park Subdivision. The communication expresses concern over the proposed Morrison Park Subdivision. It was advised that the proposed subdivision was rejected some time ago, and to date has not been re-initiated. ORDERED on the motion of Alderman Michael, seconded by Alderman theeamen, that Mr. Grandoni be advised as to the status of this proposal, and his letter retained on file for future reference. No. 135 - 1976 Census of Canada - Re: 1976 Population Figure. The communication provides the preli~inary census population count for Niagara Falls as of June 1, 1976, 69,450. It was pointed out that the 1976 population figures as gathered in the Provincial enumeration are not as yet available. The City Clerk suggested that .Statistics Canada be acquainted with previous discrepancies in the p~pulation figures, e.g. 1971 Provincial figure - 64,790, ours - 67,163. ORDERED on the motion of Alderman Smeaton, seconded by Alderman theeamen, that the City Clerk contact the appropriate authorities and acquaint them with previous discrepancies in the population figures. No. 136 - Chamber of Commerce - Re: Klydel Holdings Inc. Distribution Centre. The communication advises that Klydel Holdings has requested an extension of their existing agreement with the Chamber of Commerce concerning the Distribution Centre, until October 9, 1977. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the extension be granted. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Stewart, that the two petitions appearing on the order of bus iness, be moved forward for consideration at th~s time. PETITIONS Comm. No. 137 - Residents of Sinnicks Avenue - Re: Back-up of Storm Water on Sinnicks Avenue. ~he petition requests assistance with regard to a flooding problem on Sinnicks Avenue. Mr. James Foster was granted permission to address Council on the motion of Alderman theeamen, seconded by Alderman Stewart. Mr. Foster, speaking on behalf of the Sinnicks Avenue residents, advised that the problem ha~ existed since 1959.' Me stated that a meeting ha~ been held with the Director of Municipal Works on August 20th in an effort to find a solution to the problem. ~he residents wish to have this area included in any improvements carried out in this neighbourhood. The Director of Municipal Works indicated that the Brooks Street sewer will be an outlet sewer for this area. If it is approved in the 1976 Budget, it will likely be installed in 1977. Following further discussion, it was moved by Alderman Cheesman, seconded by Alderman Smeaton that this area be included in the 1977 considerations for Local Improvements. The motion Carried unanimously. Comm. No. 138 - Residents of Fourth Avenue between Bridge Street and Hamilton ~treet.- Re: Truck and Noise Problem. The residents of Fourth Avenue between Bridge Street and Hamilton Street petition Council to assist in a truck and noise problem caused by large trucks using the area for storage of trucks and a dep6t for trailers. Mr. Aldo Visentin was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Cheesman. Mr. Visentin, representing the area residents, described the problems caused by the noise and vibration of 'large trucks using this roadway at all hours. It was requested that Cyanamid be contacted and asked if they would permit the trucks to use their back entrance, rather than Bridge Street. Since Fruitlaud vehicles appear to be the worst offenders, it was also requested that the Company be persuaded to curtail the movement of trucks for at least part of the day. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that this matter be referred to Staff and that a further report be submitted at the next martin~ of Council. -4- REPORTS No. 489 - City Manager - Re: Amendment No. 83 to the Niagara Falls Official Plan, Barkhour Condominium, Chippaws. The report recommends approval of a modification of the Body of Amendment of Official Plan Amendment No. 83 to read as follows: '~.3 notwithstanding, the density categories of this section of the Official Plan, the Barkhour Condominium (CDM-75-209) shall be recognized as a medium density residential development", and that staff be authoriaed to forward the modified Body of Amendment to the Official Plans Branch of the Ministry of Rousing for insertion in Official Plan Amendment No. 83 in place of the previously approved Body of Amendment. ORDERED on the motion of Alderman Crows, seconded by Alderman Mann, that the report be received and adopted. No. 490 - Recreation Commission - Re: Recognition of Champions. The Co~unission reconnends that the annual achievement awards continue to be presented as follows: (1) Ontario scholarship awards be presented at the respective graduation ceremonies. These awards to be presented by the Mayor or his representative. (2) Sports awards to be presented at the respective sports organizations' annual banquet, by the Mayor or his representative from Council or Recreation Commission. (3) The presentation of other achievement awards where there is no organization involved, be made at a Council meeting within one month after the recognized achievement. ORDERED on the motion of Aldermen Chessman, seconded by Alderman Smeaton, that the recon~nendations of the Recreation Commission be adopted. No. 491 - City Manager - Re: Tennis Courts - Westlane Secondary School. The report reconnends that the by-law authorizing the execution of an agreement between the City and the Niagara South Board of Education for maintenance and supervision of tennis courts at Westlane Secondary School, be passed. ORDERED on the motion of Aldermen Smeaton, seconded by Aldermen Stewart, that the report be received and adopted. The motion Carried with Alderman Schlsler voting contrary and all others in fayour. See By-law No. 76-202 No. 492 - City Manager - Re: Princess Theatre, Main Street. The report provides information regarding an investigation into the possible use of the Princess Theatre for live theatre productions by local residents. ORDERED on the motion of Alderman Michael, seconded by Alderman Chessman, that the report be received and filed. No. 493 - City Manager - Re: Group Co-operative Salt Tender 1976/7~. The report reconunends acceptance of the low bid submitted by Canadian Salt Company in the amount of $15.108 per ton delivered to the Municiphl SerEice Centre as required. ORDERED on the motion of Aldermen Mann, seconded by Aldermen Chessmen, that the report be received and adopted. See Resolution No. No. 494 - City Manager - Re: Church's Lane Storm Sewer, Contract S.S.21-76. The report recommends that the unit prices submitted by Provincial Construction for the construction of a storm sewer on Church's Lane, be accepted. ORDERED o~ the motion of Alderman Ferns seconded by Alderman gchisler, that the report be received and adopted. See Resolution No. 99 See By-law No. 76-20~ No. 495 - City Manager - Re: Miracle Food Mart Sign, Victoria Avenue. The report reco,~nds approval of a proposed sign havin~ an area of .203 sq. ft. at the new Miracle Food Mart Building'on Victoria Avenue. ORDERED on the motion of Alderman Schisler~ seconded by Alderman Chessman, ~hat the report be received and adopted. See Resolution No. 1~ No. 496 - City Hansget - Re: Saks Furniture Ltd., Cash-in-Lieu of Parking. The report recommends that the City Solicitor be authorized to prepare the necessary by-law and agreement allowing Raks Furniture to payccaeh-in-lieu of. parking spaces for a proposed addition to their existing building. ORDERED on the motion of-Alderman Mann, seconded by Alderman 8meaton, that the report be received and adopted. No. 497 - City Manag~er - Re: Change of Market Fees. The report reco;~ends passage of a by-law establishing a fee for met stalls st $200 per annum and ,~_.~lls for produce growers st ~50 per annum. 8tells rented on .a daily basis ~uld increase from $1 per day to $2 per day. -5 - Members of Council were concerned that possibly the persons using the market had not been notified of the proposed increases, and also raised the question as to whether the fees were being increased merely because they are lower than adjacent municipalities, or whether it was because the markets were operating at a loss. The question was also raised as to how many of the people using the market actually live in Niagara Falls. ORDERED on the motion of Alderman Puttick, seconded by Alderman Stewart, that the report and relevant by-law be tabled, and that a report be prepared by staff providing further information on the questions raised. The motion Carried with the following vote: AYE: Aldermen Fera, Rarrigan, Michael, Puttick, Schisler, Smeaton, Stewart and Cheesmen. NAYE: Aldermen Crowe and Mann. No. 498 - City Manager - Re: Regional Waste Recovery System. The report provides information ~egarding the Provincial program for study of waste recovery plants to be located throughout the Province. Further reports will be forthcoming when more detailed information is available. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler, that the report be received and filed. No. 499 - City Manager - Re: Traffic in the Vicinity of Stanley and McLeod. The report refers to a study undertaken by consultants for the Region on roadway improvements which might be necessary in the future in the vicinity of Stanley Avenue and McLeod Road. It is recommended that the report be adopted end referred.to the Region to be used for their cox~ultants for their guidance. ORDERED on the motion of Alderman Crows, seconded by Alderman Fern, that the report be received and adopted. No. 500 - City Manager - Re: Intersection of Valley Way and Fourth Avenue. The report recommends that the necessary by-law be prepared establishing a four-way stop at the intersection of Valley Way and Fourth Avenue. ORDERED on the motion of Aldermen Michael, seconded by Alderman,Fern, that the report be received and adopted. No. 501 - City Manager - Re: Local Initiatives Program. The report recommends that the City Manager be authorized tom eke application for participation in the Local Initiatives program for the year 1977 on the basis of submitting one application so that work can be commended on January 10, 1977. This method will reducedoverhead costs in processing forms and reports. ORDERED on the ~otion of Aldermen Chessmen, seconded by Alderman Stewart, that the report be received and adopted. No. 502 - City Manager - Re: Fencing Contract. The report recommends that the fencing contract for park fencing and backstops be awarded to. Frost Steel & Wire CO. Ltd. ORDEREDSon the motion of Alderman Fern, seconded by Alderman Narrigan, that the report be received and adopted. See Resolution No. 101 No. 503 - Francis J. Pettie - Re: Canadian National Railway Station. The report outlines a proposal of CN to demolish 80 ft. of the west wing of the station structure. Mr. Pettie recommends that a representative of tangdish National be invited to make a presentation to the Local Advisory Committee " and/or Council as to their proposals for the demolition. This would allow the Committee or Council to comment directly and make further or alternative suggestions. It is further recommended that the present demolition project be expanded to include some restoration of the remaining structure which would recognize the significant historical contribution of this building to :the City. It is ioted that Niagara Falls is now the eastern terminus of the steam trains journey from Toronto. Perhaps this fact could be developed at the building to enhance the experience of the passengers using the tour. Mr. Petrie was present at the meeting and advised Council that if the Railway company proceeds with the demolition, they should be asked to brick in the open end of the building with brick salvaged from the demolitions to preserve the character of this building. ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that the recommendations of Mr. Patrie be adopted, No. 504 - Francis J. Petrie - Re: Designation. of Architecturally and Historically Significant Buildings within the City of Niagara Falls. The report provides ~niormstion on the work of the local Architectural Conservation Advisory Committee in cataloguing and designating buildings for preservation under L -6- Ontario Heritage Act of 1974. The Committee has selected fourteen buildings in the first installment of buildings which could be designated under the Act. The report recommends that the:subject buildings be included in a by-law designating the buildings as having historical and architectural significance. Mr. Pettie spoke briefly on the objectives of the Program and introduced Mr. J. Harris, Student Researcher engaged by the Ministry to compile supporting data. Members of Council expressed their appreciation to both Mr. Pettie and Mr. Harris for their efforts in this particular project. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the recommendation of the Committee be adopted, subject to clarification by the City as to whether Federal and Provincial properties can be legall~ designated under the Program. No 505 - City Mamaget - Re: Lot 22, R.P. 246, Request for Exemption from Part Lot Control. The report recommends that the by-law des ignating Lot 22, R.P. 246 as not being subject to part lot control, be passed and submitted to the Minister of Housing for approval. ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that the report be received and adopted. See By-law No. 76-205 No. 506 - City Manager - Re: Lot 38, Falls Industrial Park. The report recommends the granting of a further extension to October 5, 1976, to Mr. John McKinnon to finalize the purchase of Lot 38, Falls Industrial Park. ~ORDERED on the motion of Aldermen Mann, seconded by Alderman Fera, that the report be received and adopted. No. 507 - City Manager - Re: Re-conveyance of Lots 5 & 6, Register4d Plan 239. The report recommends that the subdivision agreement regarding Registered Plan 239 be amended by the revision of Paragraph 17B in order to allow the imm~diate re-conveyance of Lots 5 and 6, upon payment of $800.00 to the City, by the Subdivider. ORDERED on the motion of Aldermen Crows, seconded by Alderman Puttick, that the report be received and adopted. No. 508 - City Manager - Re: Dedication of Part of Cadham Street as a Public Road Allowance. The report recommends that in order to remove any title difficulties involved in the sale of property immediately north of the subject lands, that the by-law establishing the lands acquired by the former Township of Stamford in 1947 as a public highway, be passed. ORDERED on the motion of Alderman Chessmen, seconded by Aldermen Smeaton, that the report be received and adopted. · ' See By-law No. 76-207 No. 509 - City Manager - Re: Request for Conveyance of Part of Township Lot 134, Former Township of Stamford. The report recommends that the subject lands be reconveyed to the owner of the adjoining lands, and further 'that no charge be made for the reconveyance of the lsnds since any future roadways necessary for subdivision development will be dedicated free of charge at that time. The necessary by-law mey be given three readings. ORDERED on the motion of Aldermen Smeaton, seconded by Alderman Mann,. that the report be received and adopted. The motion .C.sF.ried with Alderman Schisler voting contrary and all others in favour. '- .... See By-law No. 76-206 No. 510 - City Manager - Re.. Sewer & Watermain Design Course. The report recommends that one member of the Engineering Department be euthor. lzed to attend the 1976 Sewer and Watermein Design Course to be held at the Ministry of the Environment laboratories in Etobicoke, September 27 - October 1, 1976. ORI~RED on the motion of Alderman Manna. seconded by Alderman Schisler, that the report be received and adopted. No. 511 - city Maoager - Re: Conference - Society of Profession,Is in Dispute Resolution. The report recoe~nends that the Personnel Officer be authorized to attend the annual workshop of the Society of Professionals in Dispute Resolution to be held in Toronto from October 24 - 26~ 1976. ORDEBED on the motion of Alderman Msn~ seconded by Alderman Crows, that the Teport. be received and adopted. No. 512 - City Men. get - ~e.. Acquisition of Pollution Control Plant Site - Former Villege of Chippaws. The report recommends the ecquisition of lends situated between Br.idSewster Street and the hanks of the Wellsnd Rivers formerly =he site of s Pollution Control Plant serving the former Village. .The lsnds, 1,062 sores in size, can be acquired st · cost of $3,717.00. ORDERED on the motion of Alderman Menn, seconded by Alderman Micheel~ that the report be received end sdopted. J_ No. 513 - City Manager - Re: Curb Configurations. The report reviews the proposal initiated in 1975 regarding the use of depressed curb and sidewalks at certain intersections in the City of Niagara Falls to improve the use of sidewalks by pedestrians, particularly the physically handicapped. It is recommended that an emount be included in our 1977 Operating Budget for consideration next, to implement this proposal. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and adopted. No. 514 - City Manager - Re: Consolidated Airport Area and Four Mile Creek Drainage System. The report recommends that the total amounts due to the Town of Niagara-on-the-Lake relative to both drainage systems be paid to that Municipality during the current year, and that the City Solicitor be requested to prepare a by-law authorizing the imposition of a special levy on those lands within the City of Niagara Falls liable for assessment under the Consolidated Airport Area and the Four Mile Creek drainage schemes. ORDERED on the motion of Alderman Schis ler, seconded by Alderman Smeaton, that the report be received and adopted. No. 515 - Loan Review Committee - Re: Applications for Assistance. The report recommends approval of three applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion ofAA{derman Crowe, seconded by Alderman Fera, that the report be received and adopted. No. 5 16 - City Manager - Re: Municipal Accounts. The report recommends payment of municipal accounts. Aldermen Puttick referred to certain items in the accounts concerning the practice of paying the expenses of prospective employees. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crows, that' the report be received and adopted. ORDERED on the motion of Alderman Puttick, seconded by Alderman Crowe, that a report be prepared outlining the City's current policy with respect to the payment of expenses incurred by persons invited to an interview for a position with the City. . RESOLUTIONS No. 97 - SEE PAGE ONE No. 98 - MANN - CHEESMAN - RESOLVED that the low bid submitted by Canadian Salt Company in the amount of $15.108 per ton delivered to the Municipal Service Centre as required, be accepted; AND The Seal of the Corporation be hereto affixed. Carried Unanimously No. 99 - FERA - SCRISLER - RESOLVED tha~ the unit prices submitted by Provincial Construction Limited for the construction of the Church's Lane Storm Sewer, be accepted at the tendered price of $617,525.50; AND the Seal of the Corporation be hereto affixed. Carried Una~i~ou.sly No. 100 - SCHISLER - CHEESMAN - RESOLVED that the application of Miracle Food Mart to erect a wall sign of an area in excess of one hundred and fifty square feet, but not to exceed two hundred and three square feet, be approved; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 101 - FERA - MARRIGAN - RESOLVED that the quotation, submitted~by~Fkost Steel and Wire Company Limited for the supply of park fencing and backstops, be accepted at the quoted price of $29,118.00; AND the Seal of the Corporation be hereto affixed. Carried Una~i.~ously BY- lAWS ORDERED on the motion of Aldermen Harrigan, seconded by Alderman Fere', that the following by-laws be now read a third and final time: No. 76-99 - A By-law to authorize the undertaking .of an engineering study and report for improvements and extensions to.the sewage works of the City. - 8 - No. 76-100 - A By-law to authorize improvements to the electrical power distribution system a~dtstreet lighting system of the City. Carried Unanimous ly ORDEKED on the motion of Alderman tLarrigan, seconded by Aldernmn Fern, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: - 9- No. 76-207 - A By-law to establish part of Township Lot 173 in the former Township of Stamford as a public highway. (Cadham Street) No. 76-208 - A By-law to amend By-law No. 3790, being a by-law for the regula- tion of traffic. (Two-Way Traffic - Centre Street) No. 76-209 - A By-law to provide monies for general purposes. No. 76-200 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-33/75, Molo~guia ) No. 76-201 - A By-law to authorize an application for approval to expropriate land for the purpose of the public transportation system operated by the Greater Niagara Transit Commission. No. 76-202 - A By-law to authorize the execution of an agreement with the Niagara South Board of Education for the use of tennis courts to be constructed and maintained by the City at Westlane Secondary School. No. 76-203- A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of a trunk storm sewer on Church'8 Lane. - No. 76-204 - TABLED No. 76-205 - A By-law to designate certain land not to be subject to part lot control. (Lot 22, R.P. 246) No. 76-206 - A By-law to authorize the conveyance of land to Lloyd Skrinek. (Twp. Lot 134) No. 76-207 - A By-law to establish part of Township Lot 173 in the former Township of Stamford as a public highway. (Cadham Street) No. 76-208 - A By-law to amend By-law No. 3790, being a by-law for the regulation of. traffic. (Two-Way Traffic - Centre Street) No. 76-209 - A By-law to provide monies for general purposes. Carried wkth Alderman Schisler voting contrar ~ on By-lawS 76-202, 76J Aldermen Mann~ Puttick ' and Chessman voting contrary on By-law 76-~ and all others voting ~ fayour. ORDERED on the motion of Alderman Smeaton, seconded by Alderman~Lohael, that the following by-laws be now reed a second and third time:_ No, 7~-200 - A By-law to amend By-law No. 5335, 195~., ,a~:~em&~ded. (AM-33/75, ..... ,. ~o~o4yBis) .., .., ~.. No. 76-201 - A By-law to authorize sn application for approve1 to expropriate land for the purpose of the public transportation system operated by the Greater Niagara Transit Commission. ,Np. 76-202 - A By-law to authorize the execution of an aBreement with the Niagara South Board of Education for the use of teniis courts to be con- structed and maintained by the City at Westlane Secondary School. No. 76-203- A By-law to authorize the execution of an' agreement with Provincial Construction (Niagara Fells) Limited for the construction of a trunk storm sewer on Church!s Lane. No. 76'204 - TABLIiD : :No. 76-205 - A By-law to designate certain land not to be subject to part lot control. (~0e.22, R.P. 246) A By-law to authorize the conveysante of !end to Lloyd Skrinek. /(Twp. Lot '- 134 ) .... Carried with Alderman Schisler voting contrary on By-laws 76-202, 76-206 Aldermen Mann, Puttick and Cheesman voting contrary on By-law 76-208 and all others voting in fayour. NEW BUSINESS MESSAGE OF THANKS FROM FRANKLIN J. MILLER Aldermaa~Smeaton, at the request of former Mayor Franklin J. Miller, conveyed Mr. Miller's thanks to Council for cards and flowers received during his recent stay in the hospital. RESOLUTION TO NIAGARA RESORT & TOURIST ASSOCIATION Alderman Mann requested that a resolution be sent to the N.R.T.A. along with a copy of the letter received from Mrs. Pattitin Vogel and Family of Pittsburgh, Pennsylvania, with a suggestion that they request the Chicago Daily News to publish a copy of Mrs. Vogel's remarks. NIAGARA FALLS REVIEW COVERAGE OF AUGUST 24TH DAREDEVIL TRIP OVER FALLS Alderman Michael referred to the recent coverage provided by the Niagara Falls Review relative to the attempt made on August 24th by a New Jersey man to navigate the Horseshoe Falls. Particular reference was made to the obvious prior knowledge of the event by the local newspaper and their failure to notify local authorities of the pending event, and that failure to communicate this information could have resulted in the death of the daredevil. He indicated the amount of coverage provided for the event equalled that given to man's first landing on the moon, and termed the action of the Review as irresponsible, inasmuch as a loss of life could easily have resulted. He also made reference to the expense incurred by Canadian ratepayers in assuming the cost of rescue operations. Alderman Crows expressed the opinion that the principal objective of most newspapers is to report the spectacular and that an obJectinm to the type of reporting carriedoout by the local newspaper would be of little avail. 'It was moved by Alderman Michael, seconded by Alderman MarriSen, that -the Council of the City of Niagara Falls wishes to go on record as deploring the action taken by the Niagara Falls Review in its handling of the attempt ,by the New Jersey man to navigate the Horseshoe Falls on August 24, 1976, and in particulars the failure of that newspaper to notify the proper authorities of the proposed attempt. The motion Carried unanimously. SHRIIe~R'S CREEK - RETENTION POND Alderman Puttick requested information from the Director of Municipal Works with respect to the Shrlner~s Creek Retention Pond. The Director of Municipal Works indicated that a report on the matter is in the process of being prepared. WESTFIELD COURT Alderman Puttick made reference to the article in the Niagara Falls Review on Westfield Court. The Alderman suggested that a meeting should be arranged with Ontario Housing Corporation, representatives of the residents of the ares and the Mayor~s Committee on Rous inS. Alderman Crows reported that he had received calls from some of the responsible residents and had suggested some ways for them to proceed, including approaching the City Council for any help or support needed. ~ ~N PI~NNING DIRECTOR Alderman Puttick requested consideration of a suggestion that the new PleOning Director be appointed fromwithin existing staff and that further 10 - 10 - cons ideration be given to deleting the position of Deputy Planning Director. It wss moved by Alderman Puttick, seconded by Alderman Stewart, that the new Planning Director be appointed from within existing staff, and that further consideration be given to deleting the position of Deputy Planning Director. The motion was Defeated with the following vote: AYE: Aldermen Puttick and Stewart. .. NAYE: Aldermen Crowe,/Fera,-Rarrigan, Mann, Michael, Sch~aler, Smeaton and Cheesamn. CONDITIONS AT JOLLEY CUT Alderman Thomson, acting as Presiding Officer, referred to the poov condition of Jolley Cut. Re reported that there are holes large enough for persons to fall through, which could result in serious injury. The Niagara Parks Commission had been contacted, and had advised that this section was owned by the City. The Director of Municipal Works indicated that a meeting was scheduled with thecconsultants for the project on Robinson Street, and the problem of Jolley Cut will be considered at that time. It was moved by Alderman Crows, seconded by Alderman Smeaton, that a report on the matter be prepared for the next Council meeting. The motion Carried unanimously. ROADS & TRANSPORTATION ASSOCIATION OF CANADA CONVENTION It was moved by Alderman Puttick, seconded by Alderman Mann, that Alderman Stewart be authorized to attend the forthcoming Roads & Transporta- tion Convention to be held in Quebec City. The motion Carried unanimously. DISTRIBUTION CENTRE With reference to the request received from Klydel Holdings regarding the Distribution Centre, Alderman Puttick inquired as to whether future projections had been made by the Battelle Institute when making their original recommendation that a distribution centre be established in the City. It was moved by Alderman Puttick, seconded by Alderman Crows, that a report be prepared outlining projections used in the Battelle report relative to the need for a distribution centre in the City. The motion Carried unanimously. MR. J.~.~4ONTGOMERY. B.I.G. DEPT. Alderman Puttick made reference to the minutes of a recent meeting of the B.I.G. Committee regarding six weeks vacation taken by Mr. J. Montgomery, Manager of the B.I.G. Department of the Chamber of Commerce. Aldermen Michael and. Thomson, representatives on the Committee advised that Mr. Montgomery had put in approximately eight to ten weeks in overtime hours ~or which he is not paid, and had taken the six weeks. vacation at the suggestion of the Committee. It was moved by Alderman Smeaton, seconded by Alderman Stewart, that the meeting adjourn. PRESIDING OFFICER THIRTY-SECOND MEETING Committee Room ~1 September 13, 1976 Council met in Committee,:~f thaW hole at 7:15 p.m. on Monday, September 13, 1976. All Members of Council were present with the exception of Aldermen Crows and Stewart. Alderman Thomson presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR wlI Council Chambers September 13, 1976 Council met on Monday, September 13, 1976, at 7:30 p.m. for the purpose of considering genera 1 business. All Members of Council were present with the exception of Aldermen Crows and Stewart. Aldermen Smeaton offered the Opening Prayer· ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that the minutes of the meeting of August 30, 1976, be adopted as printed. UNFINISHED BUSINESS STREET LIGHTING - 80DOM ROAD - Q.E.W. INTERCHANGE Report No. 517 - City Manager - The report recommends that the quotation received from Ground Aerial Maintenance Service for the installation of street lighting at the interchange, be accepted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that the report be received and adopted. See Resolution No, 192 COI~IUNICATIONS No. 139 - Chamber of Commerce - Re: Mod~l Noise Control By-law· The communication requests that Council delay any further discussions leading to the enactment of ' an official municipal policy to establish a Noise By-law. 'ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson, that the matter be referred to staff for consideration in conjunction with the review presently being made of the model by-law, and further that copies of a report prepared by the City Clerk on the subject of noise, be distributed to members of Council for perusal, No. 140 - Chamber of Connnerce - Re: Trade Dollars Program. The Chamber requests the official support of Council for the Trade Dollars Program in the form of a proclamation, and endorsement of the-program for the year 1977. F~,]~Milne of the Chamber was granted permission to address Council on · he motion of Alderman Michael, seconded by Alderman Smeston. Mr. Milne advised that the program will be int=oduced by the Chamber in 1977 and is hoped to make sizeable profits available to con~unity projects· ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that ~ouncil endorse the program, and approve the reques~ for the proclamation subject to the established policy. No. 141 - Mr. L. Russell - Re: Parking by the Medical Arts Building. The commu~ication expresses concern over the parking of vehicles by patrons of the Medioal Arts building on the west side of the approach road running from ValleyWay. to the Q.E.W. ORD~ERED on the motion of Alderman Thomson, seconded by Alderman Mann, thst the matter be referred to staff for the preparation of a report. NOTE: Alderman risen abstained from voting on a conflict of interes'h . .... 2 No. 142 - Regional Municipality of Niagara - Re: Resource Recovery~System Study. The communication requests comments on the study, and suggested dates and locations for the holding of a public meeting. ORDERED on the motion of Alderman Michael, seconded by Alderman Chessman, that the matter be referred to staff for the preparation of a report. No. 143 - Ministry of Housing - Re: Safety of Children in Multi-Storey Buildings. The communication advises of the authority provided to municipalities to require the installation of protective features on external openings on multi-storey buildings. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that the con~nunication be referred to staff for the preparation of a report. No. 144 - Ministry of Treasury, Economics and Intergovernmental Affairs - Re: Municipal Act, Section 44~a. The connunication advises of a recent amendment to The Municipal Act relating to the legal status of certain m~nicipal road works. ' " ORDERED on the motion of Alderman Michael, 'seconded by Alderman Orr, that the · cormunitarian be received and filed. No. 145 - Board of Management, Downtown Business Improvement Area - Re: Change of Board Name. The communication requests that Council amend By-law No. 72-179 changing the name of the organization to the "Downtown Board of Management". ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the request be appToved, and an appropriate by-law be prepared. It was moved by Alderman Narrigan, seconded by Alderman Cheesman, that a delegation present in the Chambers be permitted to address Council on the subject of noise from helicopters. The motion Carried with Alderman Schisler voting contrary, and all others in layout. PETITION Comm. No. 146 - United Citizens Committee - Niagara Falls, Ontario - Niagara Falls New York - The petition requests that Council pass a resolution banning the flights of tourist helicopters over the Niagara River. Mr. Claude Scott was granted permission to address Council on the motion of Alderman Thomson, seconded hy Alderman Mann. Mr. Scott, speaking on behalf of residents of Niagara Falls Ontario and Niagara Falls New York, requested the backing of Council in fighting the problem of noise from helicopters in the Niagara River area. Mr. Scott stated that the number' of tourists served b.y the helicopters did not Justify the noise nuisance caused for other visitors to the City, and the almost two thousand tax-paying residents who must practically give up using their back yards in the summer months. The peqitton of the residents was discussed at great length by members of Council, and during the discussion, it was pointed out by several members of Council and staff that the flight of helicopters was under, Federal Juris- diction. While the Council sympathized with the problems being experienced hy the residents, it was stated that the Municipality had no authority to act in this matter other than topetition the Federal Minister of Transport to take action in the mattgr.. Mr. T. Franklin of Niagara Falls, New York, was granted permission to address Council on the motion of Alderman Puttick, seconded by Aideman Orr, Mr. Franklin advised that the Co.mlttee had received the support. of the Council from Niagara Falls, New York, and that meetings had been set up · with officials from both the United States and Canadian governments to discuss the problem. Mr. Franklin stated that he realized City Council could not pass a resolution banning the flight of helicopters in this area · of the City, and requested the support of Council in resolvin~ the noise problem. Following further discussion, it was moved by Aideman Puttick, seconded by-Alderman Thomson, that a resolution be passed endorsing the complaints of the residents respecting noise of helicopters in the City of Niagara Falls, and further that the resolution be forwarded to the appropriate government officials in order to obtain their-assistance in the matter. 'The motion Csrrled unanimously.. REPORTS No. 518 - City Manager - Re: Planning Director. The report recommends that Mr. Alec Greaves be appointed to the position of Planning Director at a salary of $26,990 per annum, being Step 4 of Salary Level ES 13. The appointment will be effective approximately October 12, 1976o ORDERED on the motion of Alderman Harrigan, seconded by Alderman Smeaton, that the report be received and adopted, The motion Carried!with Alderman Schisler voting contrary, and all others in favour. No. 519 - Planning & Development Committee - Re: AM-20/76, Bill Black Tile Service, Maple Street - Victoria Avenue. The Committee recommends that Council certify by resolution that the application of B. Black conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Ministep of Housing, and further, that Council approve the application subjec~ So dp~lop~ent contro1 and a minimum 24 foot setback-along the westerly boundary. Mr. W. Amadio, solicitor for the applicant, was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Thomson. Mr. Amadio advised that his client proposes to build a warehouse four ft. from the property line. In order to do this, he must tear down an existing house on Maple Street to provide the additional parking required. At the Planning and Development Committee meeting, the Planning Director advised of a proposal to locate a laneway behind the commercial buildings on Victoria Avenue. Because of this proposal, the Committee granted the rezoning subject to a twenty-four ft. rear yard requirement. Mr. Amadio advised that if the City is seriously considering acquiring land for this proposal, his client would wait to see the outcome, however if the proposal is being considered for some distant pointtin the future, it was requested that Council grant the rezoning with the four ft. setback from the property line. In response to a number of questions raised by members of Council, the Deputy Plannin~ 'DireCtor provided information on the proposedclsneway~to the ~e~rtoffthe commercial properties on Victoria Avenue. This proposal will move traffic along the rear of the buildings to other parking areas. It would also provide loading facilities at the rear of the stores to keep away from loading operations c{r~m beinM carried out on Victoria Avenue. During consideration of the applica%ion, members of Council discussed the feasibility of providing the proposed laneway to the rear of the commercial buildings on Victoria Avenue. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Chessman, that the recommendations of the Planning & Development Committee be adopted subject to a minimum four ft. setback along the westerly boundary. The motion Carried with the following vote: AYE: Aldermen Harr,gan~ Mann,:O~r,~Puttick, Sohisler,bSmeaton, Thomson and Chessman. NAYE: Aldermen Fern and Michael. See Resolution No. 104 .- See By-law No. 76-210 NO. 520 - Planning &Development Committee - Re: Policies and Procedures for the Naming of Streets. The Committee recommends that the Street Name Committee be created and that the Principles, Policies and Procedures be adopted for the naming of streets and residential developments. The Deputy Planning Director provided additional information in response to a question raised by Alderman Thomson. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton~ that the repommendations of the Planning & Development Committee be adopted. No. 521 - City Solicitor - Re: O.P. Amendment No. 85, AM-22/76 Imperial 0il Ltd., northwest corner McLeod and Dorchester Roads AND AM-44/74, Gulf-Oil Canada Ltd., southwest corner McLeod and Dorchester Roads. The report draws to Council's attention that appearing on the agenda is a report recommending a~pptian of an official plan amendment and rezoning to permit the construction of a self-serve gas bar at the northwest corner of McLeod and Dorchester Roads. The report also advises thatCCouncil has refused to adopt an official plan .amendment and zoning by-law amendment to permit thecconstruction of a self-serve 8as bar at the southwest corner of McLeod and Dorchester Roads, and that the Ontario Municipal Board is holding a hearing on September 15, 1976 on-Gulf Oil'a appeal from Council's refusal of the application. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann, that Council withdraw its opposition to the application of Gulf 0il Canada Ltd. for the Official PlanAmendment and necessary rezoning. .{ -4- No. 522 - Planning & Development Committee - Re: Official Plan Amendment No. 85, AM-22/76, Imperial Oil Limited, Northwest corner McLeod and Dorchester Roads. The Committee recommends the adoption of Official Plan Amendment No. 85 by by-law. ORDERED on the motion of Alderman Sineaton, seconded by Alderman Mann, that ~c the recommendations of .the Planning & Development Committee be adopted. NOTE: Alderman err was absent when the vote was taken on this matter. See Resolution No. 105 See By-law No. 76-211 No. 523 - City Manager - Re: Snow Fence, Posts and Ties. The report recommends the acceptance of the quotation ~ubmitted by Fawcett Metal Products for the supply of snow fence, posts and ties. The Purchasing Agent supplied additional information in response to several questions raised by Alderman Thomson. ORDERED on the motion of Alderman gmeaton, seconded by Alderman Chessman, that the report be received and adopted. See Resolution No. 106 · No. 524 - City Manager - Re~Parking on Wesley Place. The report recommends the prohibition of parking on the southerly side of Wesley Place from a point 95 ft. westerly of Eastwood to a point 60 feet further westerly. Alderman Cheesman suggested that staff consider studying the area around Epworth Circle area, in particular determining whether parked vehicles impede fire department and emergency vehicle access. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fern, that the report be received and adopted. No. ~2~ - City Manager - Re: Remuneration e 1976 Election Expenses. The report recommends the following rates for the 1976 municipal election: Deputy Returning Officer - $40.00, Poll Clerk - $30.00, and Rental of Polling r Place - $30.00. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler that the report be received and adopted. No. 526 - City Manager - Re: Observation of Christmas and New Year Holidays 1976-77. The report recommends that Friday December 24, 1976 be granted for Christmas Day, Monday, December. 27, 1976 ~or Boxing Day and Monday, January 3, 1977 for New Year's Day. ORDERED on the motion of Alderman Thomson, 8econded by Alderman Sineaton, that the report be received and adopted. No. 527 - Alderman N. Puttick - Re: Annual Conference - Association of Munici- palities of Ontario. The report advises that copies of the proceedings of the various topics discussed are available in the City Clerk's Department for those members offCouncil wishing to inspect the material. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttick, that th~reporti. be redetyedland ftleds~and further tbat~copies of the professional employees salary survey included in the report of the Prestdent~t-~che annual conference, be distributed to members of Council. No. 528 - City Manager - Re: Fall Workshop - Ontario~h~p_ten, Municipal Purchasers. The report recommends that the Purchasing Agent be authorized to attend the Fall Workshop of the Ontario Chapter, Municipal Purchasers to be hald in Kitcharier on October 7th and 8th, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. No. 529 - City Manager - Re: Canadian' Tire Store - Sign, Victori~ Avenue. The "report recommends approval of anuapplication for a wall s ign at the new Canadian Tire Store on Victoria Avenue exceeding the maximum area of 150 sq. ft. provided in the sign by-law. The sign will cover an area of 200 sq. ft. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. See Resolution No. 1~ No.' 530 - City Manager - Re: Kent Avenue. The report recommends that Council pass a resolution. indicating the Municipality~s acceptance of that section of Kent Avenue sho~n as Part I on Plan P-2425-143 from the M.T.C. ORDERED on the motion of Aldermen ameston, seconded by Alderman Thomson, that the report be received and adopted. See Resolution No. -5 - No. 531 - City Manager - Re: Bramalea Commercial Development. The report recommends that the Municipality expend $6,200 from the Expansion and Renewal Fund for the necessary watermain connection, and that a suitable agreement be executed between the Municipality and the Bramalea Group covering the ins tallation of the a forementioned services on the street allowances referred to in the report. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the report be received and adopted. No. 532 - City Manager - Re: Renewal of Lease - 4300 Queen Street. The report recommends that the Mayor and City Clerk be authorized to enter into a renewal o~re~e lease between the Ministry of Government Services and the City for a one-year period from January 1/77, at an annual rental of $46,094.40, payable in advance in monthly installments of $3,841.20. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. No. 533 - City Manager - Re: Theresa Subdivision Ext. 3. The report recommends preliminary approval of the proposed plan subject to five conditions, and further that Council certify by resolution that the application for development conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. In response to a question raised by Alderman Cheesman, the City Clerk · advised that the proposed walkway leading from St. Anthony Crescent to Churc~'s lane, will be fenced, but lighting is not normally included in the subdivis ion agreement. It was further advised that the nmtter would be taken into consideration when finaltztr~ the subdivision agreement. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. glee Resolution No. 109 No. 534 - City Manager - Re: Canadian-British Consultants Fees for Landfill Forcemain. The report recommends: 1) that upon receipt of a credit of $834.48 of fees claimed for setvines prior to April 16~76 by the consultant, the balance of fees, $7,403.33 be paid; 2) that the consultants be paid fees in the amount of $1,116.35 for additional services after April 16, 1976 related to disputes among theecontractors; 3) that the consultant be reimbursed for expenses in the amount of $468.31 due in accordance with Article IV of the Agreement; 4) that ~y-law 74-241 authorizing the agreement with the consultant be amended accord- ingly; 5) that the amount of fees agreed upon be increased to $10,000 to cover adequately the additional services by the consultants in re~pect to the dispute between the contractors involved in this project, and that the by-law to this effect be passed; and 6) that the question on the dispute of alleged damages among the contractors and reimbursement to the City for part of the consultant's fees and expenses related to investigation of the allegations, be considered when-the disputes have been settled. During the discussion on this matter, several members eipeessed concern over the delay in reporting this information to Council. The City Manager agreed that the report should have been available to Council some time ago. The City Manager further explained that the work which was very complicated, was now complete and done well, and also that any engineering firm involved in the project would have ended up in the same situation. The Maintenance & Operations Engineer provided a brief explanation of the factors resulting in the additional cost. The original design called for e specific type of pump. The construction of the 0!den Avenue sewer provided an opportunity to reduce the quantity of pipe required at a savings e~timated at $15,000. The design was reconsidered to take advantage of the savings, and it was at that t~me the consultant was informed that the type of pump required was no longer in production. This resulted in a complete re-design of the entire system. Another delaying factor was a dispute which arose between the two contractors worktn~ on the project. The 6onsultant was requested to investigate and solve that dispute. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Michael, that the report of the City Manager be tabled, and the consultant be requested to provide Council with a report and be present at the meeein~ when the matter is again discussed. The motion Carried unanimously. -6- No. 535 - City Manager - Re: Jolley Cut. The report advises of remedial action taken to improve certain conditions existing at the Jolley Cut. The report suggests that provision of lighting and some type of ground cover to protect against erosion, be considered in the 1977 operating budget. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Fern, that the report be received and filed, that discussions continue with the Niagara Parks Commission on further improvements to the Jo~ley Cut, and that a report be submitted on the final disposition of the problem. No. 536 - City Manager - Re: Niagara Falls Memorial Arena. The report recommends that an area of 4,000 square feet in the parking lot adjacent to the Niagara Falls Memorial Arena be constructed using "uni-stone' by the firm at a price of $1.60 per square feet. In response to a question raised by Aldermen Puttick, the Projects and Services Engineer advised that there is no warranty on this work as the City is paying for material only, and not construction costs. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann,-that the report be received and adopted. No. 537 - City Manager - Re: Nabisco Foods on Lewis Avenue. The report recommends approval of a r~quest by Nabisco Foods for the blocking off of Lewis Avenue on Friday October 1 and Saturday, 0ctober 2 between the hours of 8 a.m. and 5 p.m. on the understanding that any barricading will be removed after 5 p.m. on each of the days mentioned. ORDERED on the motion of Aldermen Schisler, seconded by Alderman Chessmen, that the report be received and adopted. No. 538 - City Manager - Re: Reform of Property Taxation in Ontario. The report provides comments on proposed reforms of property taxation in Ontario, and it is recommended that the report be forwarded to the Blair Commission on Property Taxation in Ontario. The City MAnager provided information on the report in respnnse to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Puttick, seconded by Aidel-man Thomson, that the report be received and adopted. No. 539 - City Manager - Re: Niagara Junior "A" Hockey Agreement. The report recommends that the by-law authorizing the execution of an agreement between the City and the operator of the Major Junior 'A" Hockey Club for use of the Niagara Falls Memorial Arena, be passed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smsaton, that the report be received and adopted. r See By-law No. 76-213 No. 540 - City Manager - Re: Changes of Market Fees. The report provides additional information on the reasons for increasing market fees, as requested by Council at the meeting of August 30, 1976. It is recommended that the by-law authorizing the new fee structure be passed. ORDERED on the motion of Alderman Michael, seconded by Alderman Schtsler, that the report be received and adopted. '- See By-law No. 76-204 No. 541 - City Clerk - Re: Advisory Report. l)._Me. G. Burley, Niagara Local Study Team on the Suitability of Regional or Local Hydro Systems - Progress report on the activities of. the local Cou~lttee. Reconxnendation - Receive and file. 2) Ministry of Culture &Recreation - Advising of the issuance of s cheque for $41,924.33 for the Community Resources Centre Hall in Niagara Falls. Recommendation - Receive and file. 3) Niagara Peace Movement - Requesting endorsement of the week of September 12 - 19, 1976 as "Peace Week". 'Rec~endation - That the request be approved. 4) Niagara Frontier Humane Society - Requesting that the week of October 3 - 9, 1976 be proclaimed as "Be Kind to Animals Week", and extending an invitation to members of Council to visit the Shelter and observe operations. Rec~mnendation - That the request be approved in accordance with the established policy on proclamations, and the Society be thanked for their invitation. ORDERED on the motion of Alderman Mann, seconded by Aldermen Fern, that the report be received end adopted. The motion Carried with Aldermen Michael, 8chisler end Chessmen voting-contrary on item~3.~of the report, and others voting in favour. - 7- No. 542 - City Manager - Re: Building Permits. Breakdown of permits issued by the Building & Development Department for the month of August, 1976. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the report be received and filed. No. 543 - City Manager - Re: Municipal Accounts. Recommending payment of the municipal accounts. The City Manager provided information on Cheque No. 5453 in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary on Cheques ~5365 and ~5382, and ~1 others voting in fayour. RESOLUTIONS No. 102 - THOMSON - CHEESMAN - RESOLVED that the quotation from Ground Aerial Maintenance Service for the installation of street lighting at the Q.E.W. - Sodom Road Interchange, be accepted at the quoted price of $27,190.82; AND the Seal of the Corporation be hereto affixed. Carried Unagimously No. 103 - PUTTICK - TNO~ON - RESOLVED THAT WHEREAS a concern has been expressed by residents of the City,,parttcularly those residing in the northeast quadrant regarding the noise problemccreated by helicopters;aid AND WHEREAS the operation of helicopters has curtailed the right of the people in the affected area to enjoy their property; AND WHEREAS the affected residents have solicited the support of the City Council in attempting to bring about remedial measures; NOW THEREFORE the Council of the Corporation of the City of Niagara Falls hereby petitions the Department of Transport for their assistance in resolving the problem of noise created by helicopters operated over or adjacent to the City of Niagara Falls; AND FURTHER that support for the City's attempt to bring about remedial measures be requested from Roger Young, M.P.,a~dn~eKerrio~ M.L.A.~ the Niagara Falls Chamber of Commerce and the Niagara Resort and Tourist Association; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 104 - THOMSON - CHEfSMAN - RESOLVED that the Council of the Corporation of the City of Niagara Palls hereby certifies that the application of B. Black for the rezoning of property located on the west side of Uictoria Avenue and north side of Maple Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. ... Carried with Aldermen Fera and Michael voting contrary, and all others in favour. No. 105 ~ SMSATON - MANN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that the application of Imperial Oil Limited. for the rezoning of property at the northwest corner of McLeod and Dorchester Roads, will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, once Of.ficist, Plan Amendment No. 85 has been approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 106 - SMEATON - CHEfSMAN - RESOLVED that the quotation submitted by Fawcett Metal Products for the supply of snow fence, posts and ties be accepted at the quoted price of $4~289.70; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 107 - THOMSON - SCHISLER - RESOLVED that the application of Canadian Tire Corporation to erect a wall sign of an area in excess of one hundred and fifty square feet, but not to exceed e~o hundred square feet, be approvod; AND the Seal Of the Corporation be hereto affixed. Carried Unan~ No. 108 - 8MEATON - THOMSON - RESOLVED THAT WF~REAS the Ministry of Transportation and CommuniCations has requested the City of Niagara Falls to assume ownership and -8- responsibility for certain roads constructed by the Ministry of Transportation and Communications in conjunction with the reconstruction of the Q.E.W. - Roberrs Street - Highway 420 Interchange; AND WHEREAS the City deems it advisable to assume the subject roadways; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls Confirm its approval of the assumption of that section of Kent Avenue shown as Part I on Plan P-2425-143; AND BE IT FURTHER RESOLVED that the Ministry of Transportation and Communications be notified of Council's action in this respect; AND the Seal of the Corporation be hereto affixed. Carried Unenimously No. 109 - THOMSON - S~ATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that the application of Group 2 Development Limited for the development of 2.6 acres ef property located to the west of St. Anthony Crescent and north of Church's Lane, 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 Unan&mously BY-LAWS ORDERED on the motion of Aldermen Thomson, seconded by Alderman Mann, that leave be granted to introduce the following by-laws, and the by-laws be read ' ':a first time: No ~.' 76-20/4 - NO. 76=210- A By-law to amend By=law No. 1813, as amended, being a By-law relating to the market. (Increase of market fees) A By-law to amend By-law No. 5335, 1955, as amended. (Note: 24' ~ setback reduced to 4') (AM-20/76, B. Black) No. 76-211 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 85, Imperial Oil Ltd.) No. 76-212 - TABLED A By-law to authorize the execution of an agreement with the Flyer's Hockey Association Limited for the use of the Niagara Falls Memorial Arena for all regular, play-off and exhibition games. No. 76-213 - DELETED ' A By-law to authorize an amendment to a subdivision agreement and the reconveyance of land to Namgood Construction (Niagara) Limited. (Lets 5 & 6, R.P. 239) No. 76-214 = No. 76-215- A By-law to authorize the execution of an agreement with Sake Furniture Limited respecting parking facilities. A By-law to amend By-law No. 7531, being a By-law to provide for the erection of stop signs at intersections. (Valley Wa~ at Fourth) A By-law to provide monies for general purposes. Carried with Alderrenal Fern voting contrary By-law 76-204, Alder' Puttick voting contrg on Chsques ~5365 h t layouT. No. 76-216 - No. 76-217 - No. 76-218 - ORDERED on the motion of Aldermen Mann, seconded by Alderman Thomson, that the ~.ollowing by-laws be now read a second and third time: 'No. 76-204 - A By-law to amend By-law No, 1813, as amended,being a By-law _u · reintin8 to the market, (Increase of market fees) _No, 76-210 - A By-law to amend' By-law No. 5335, 1955, as amended. (Note: 24* setback' reduced to 4' setback) (AH-20/76, B. Black) - 9 - No. 76-211 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 85, Imperial Oil Ltd.) No. 76-212 - TABLED No. 76-213 - A By-law to authorize the execution of an agreement with the Flyer's Hockey Association Limited for the use of the Niagara Falls Memorial Arena for all regular, play-off and exhibition games. No. 76-214 - DELETED No. 76-215 - A By-law to authorize an amendment to a subdivision agreement and the reconveyance of land to Namgood Construction (Niagara) Limited. (Lots 5 & 6, R.P. 239) No. 76-216 - A Byelaw to authorize the execution of an agreement with Sake Furniture Limited respecting parking facilities. No. 76-217 - A By-law to amend By-law No. 7531, being a By-law to provide for the erection of stop signs at intersections. (Valley Way at Fourth) No. 76-218 - A By-law to p~ov~de monies for general purposes. Carried with Alderman' Fern voting contrary on By-law 76-204, Alderman Patrick voting contrary on'Cheques #5365 and .~5382.of ~y-law 76-218, and all others we.ring in favour. HEW BUSINESS PETITION FROM CHILDREN OF FERN PARK Con~n. No. 147 - Children from Fern Park - The petition requests the assistance of Council in setting up a baseball diamond at Fern ~venue Park. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the petition be referred to staff for the preparation of a report. AVAILABILITY OF REPORTS Aldermen Thomson referred to a press report on a discussion recently held by the Planning & Development Conunittee on the practice of making copies of reports available to individuals prior to Committee meetings. There is no written policy on thin subject at the present time, for Council or Committee reports. A discussion took place on this topic, during which time several members of Council expressed their opinions on the desirability of making copies of t~ports available to persons involved in matters appearing before the Planning & Development Committee and City Council. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Cheesmen, that a report be prepared regarding the establishment of a policy relative to the availability to the public of reports to be considered both by the Planning & Development Committee and City Council. The motion C~rried with the following vote: AYE: Aldermen Fern, Orr, Puttick, Schisler, Smeaton, Thomson and Cheesman. ,MATE: Aldermen HarriSan, Mann and Michael. REMOVAL OF O.P.P. FROM NIAGARA REGION Alderman Thomson expressed conaern over a recent announcement by the Provincial Government that the Ontario Provincial Police presently providing police service to a number of areas within the Region, would be withdrawn. This action wtll necessitate the hiring Of additional police personnel, at an estimated cost of $1,000,000 to Regional taxpayers. His Worship, Mayor Bukator advised that the O.P.P. officers removed from the Region would be absorbed into the Provincial force, which actually does not result in any savings to the Province. The Mayor further explained that the Province Ims agreed'to m eke available~,increases i~ per capitalgrants for policing, and it is anticipated that the Region will be able to pick up the increased costs through these grants. ..... 10 - 10 - PROVINCIAL PROGRA~ff~ - REVITALIZATION OF D(X~NTO~N CORES Alderman Chessman referred to a recent press article advising of a Provincial programme established to assist smaller communities in the revitalization of downtown cores. The deadline for submission for participation in the programme is November 15, 1976, and the Alderman suggested that the matter be inv~atigated. It was moved by Alderman Cheesnmn, seconded by Alderman Mann, that a report be made available to determine if the Municipality is eligible for participation in the programme. The motion Carried unanimously. PRINCE EDWARD PARK Alderman Cheesman advised of a complaint he had received from a resident in the Prince Edward Park area concerning vandalism. The problem is apparently growing worse, and the Alderman felt that action should-be taken as soon as possible. It was moved by Alderman Chessman, seconded by Alderman Puttick, that the matter be referred to staff for study and remedial action. The motion Carried unanimously. It was moved by Alderman Schisler, seconded by Alderman Harrigan, that the meeting adjourn. ' READ AND ADOPTED, L THIRTY-THIRD MEETING Committee Room ~1 September 20, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, September 20, 1976. Alli'Members of Council were present with the exception of Alderman Puttick. Alderman Smeaton presided aS Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, Council Chambers September 20, 1976 Council met on Monday, September 20, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Puttick. Alderman Stewart offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the minutes of the meeting of September 13, 1976, be adopted as printed. · PRESENTATION OF NATIONAL COACHING DEVELOPMENT PROGRAM CERTIFICATES Mr. T. Valeriote of the Ministry of Culture and Recreation, was granted permission to address Council on the motion of Alderman Smeaton, seconded by Alderman Fera. Mr. Valetlore explained that the National Coaching Development Program had been initiated by the Province, and was now operational throughout Canada. The Program was developed due to concern over the calibre of athletes and coaching involved in sports today. Mr. Valetlore commented further on the concept of the Program, and following his remarks, introduced Mr. Bill Harris to the members of Council. Mr. Harris elaborated further on the Program, and stated that he was pleased to give recognition to those individuals who have devoted their time and efforts to the youngsters of the Niagara area. The following tddividuals received Certificates for successful completion of the Level I National Coaching Development Program: Mr. Gino Brsgagnolo, Mr. Claude Collee, Mr. Norm Fisher, Mr. B~uno Gagno, Mr. Frank Girhiny, MrL Rod Glares, Far. Allen Henderson, Mr. David Henderson, Mr. James W. Jestadt, Mrj Bill Mitchell, Mr. Robert Pakkala, Mr. Stanley Sherat, Mr. Bert Vantfoort and Mr. C, aryWalkling. Certificates will also be forwarded to the following individuals who w&~ hnable to be present at the meeting: Mr. Mickey Bilotta, Mr. Vic Ceccato, Mr. Roy Doucet, Mr. John Miller, Mr. Douglas Robins, Mr. Doug Sauer, and Mr. James,Szuch.. His Worship, Mayor Bukator congratulated the recipients, and thanked them on behalf of the City for their time and efforts in this worthwhile Program. Alderman Orr also thanked the group on behalf of City Council, for their work with the youth of the community. DEPUTATION PROP(BED THEME PARE DEVELOPi~ilNT - TAFT BROADCASTING C0. The City Clerk advised that the representative of Taft Broadcasting Co. who was to be present at the meeting, had taken ill in Buffalo, and would be unable to attend the meeting. It has been requested that the matter be tabled for one week. ORDERKp on the motion of Alderman Thomson, seconded by Alderman Mann, that the eatter be tabled for one week. - 2- UNFINISHED BUSINESS NIAGARA SQUARE AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES Report No. 544 - City Manager - The report recommends passage of a by-law authorizing the execution of an amending agreement between the City, the Region and Dames and Smith Limited for engineering services required under the subdivision agreement for Niagara Square. ORDERED on the motion of Alderman Crowe, seconded by Aldermen Smeaton, that the report be received and adopted. See By-law No. 76-219 AM-44/74, GULF OIL CANADA LIMITED, SOUTHWEST CORNER MCLEOD & DORCHESTER ROADS Report No. 545 - City Solicitor - The report advises that the Ontario Municipal Board has approved the Official Plan Amendment for the proposal and has indicated that it would order Council to pass the amendment to the zoning by-law in the form of the draft by-law attached to Gulf's application. When this application was originally approved ~y Council, one condition was "subject to the elimination of the Gulf Service station at the intersection of McLeod Road and Drummond RoadU. As the Board felt it did not have Jurisdiction to impose a similar condition, it was agreed to withhold its order for a period of not more than 30 days in order to permit Gulf and the City to work out some arrangement with respect to the McLeod and Drummond site. The report is submitted for information purposes. ORDERED on the motion of Alderman Crowe, seconded by Alderman Mann, that the report be received and filed. COMMUNICATIONS No. 148 - Regional Niagara Health Unit - Re: Nutrition Week. The communication requests that the week of October 17 - 23, 1976 be proclaimed "Nutrition Week". ORDERED on the motion of Alderman Crowe, seconded by Alderman Orr, that the request be approved subject to the established policy on proclamations. No. 149 - Local Council of Women - The communication requests the appointment of a wife of an aldermen to attend meetings as a representative of the City. ORDERED on the motion of Aldermen Mann, seconded by Aldermen Schisler, that Mrs. K. Stewart, wife of Alderman E. Stewart, be appointed to act as representative on the Local Council of Women. REPORTS No. 546 - City Manager - Re: Amendment to Plumbing By-law No. 6328. The report reconnnends passage of a by-law amending the Plumbin~ By-law which will result in proper administration of the Plumbing By-law. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Cheeamen, that the report be received and adopted. See By-law No. 76-220 No. 547 - City Manager - RE: Downtown Revitalization Program. The report recommends the sending of a letter to the Minister of Housing prior to I~c November 15/76~ ~n order to ensure ConsideWation of the City's:~pa~tieip~tlen in the Program. During consideration of this matter, Aldermen Smeaton expressed concern that the City intended to make application for funding to revitalize the Downtown areas when new commercial proposals were proceeding in other parts of the City. The Alderman felt that Council should study the commercial requirements of the City in rel&tion to the population. Alderman Crome felt that new commercial areas would promote employment and comp&eition with other commercial areas, and benefit the people directly. Both Aldermen Michael and Orr stated that the Downtown area would remain strong because City Council backs the Downtown area. Following further discussion, it was moved by Alderman Michael, seconded by Aldermen Cheesmen, that the report be received and adopted. The motion Carried unanimously. No. 548 - City Manager - Re: Lot 19, Falls Industrial Park. The report recommmndS'that the City repurchase Lot 19 pursuant to subparagraph (e) of paragraph 4 of the Schedule of Conditions of the deed, by refunding to the registered owners 80% oe the purchase price (~15,512.00) received by the - 3 - City for the sale of the lot less the amount of taxes owing and unpaid, and further that the by-law authorizing the repurchase of Lot 19, be passed. The City Manager provided additional information in response to a question raised by Alderman Thomson. ORDERED on the motion of Alderman Crowe, seconded by Aldermen Smeaton, that the report be received and adopted. No. 549 - City Manager - Re: Availability of Reports. The report recommends that all reports to be considered by Council (with the exception of Committee of the Whole items) be made available for review at the City Clerk's Dept. during the normal office hours on the day of the Council meeting. If persons wish a copy, a nominal charge should be made to cover the expense incurred by the Municipality. The onus for determining when a particular matter is to appear before Council must be placed on the interested party. With respect to-Planning ~ Development Committee reports, it is recommended that the · Committee b~ 'requested t~ cobalder a similar policy of making evaliable reports ~· for public examination on the Monday immediately preceding the date on which the matter is to be considered. A nominal charge for copies should also be ' made. Existing arrangements with the press are satisfactory, and should be continued. Alderman Crowe suggested that the policy include other committees as well, for example, the Committee of Adjustment. ORDERED on the motion of Alderman Thomson, seconded by Alderman thee,men, that the report be received and adopted, and further that the policy apply to the Committee of Adjustment also. No. 550 - City Manager - Re: Encroachment - 4281 Sixth Avenue, Lot 285. The report recommends that a Letter of Tolerance be provided to permit the subject encroachment to continue until such time as the lands are required by the Municipality. The City Clerk provided additional information in response to a number of questions raised by Alderman Thomson. ORDERED on the motion of Aldermen Schisler, seconded by Alderman Thomson, that the report be received and adopted. NOTE.]b.Aldermen Crowe declared a conflict of interest and abstained from voting on this matter. No. 551 - City Manager - Re: Rubbish Collection, Fall Campaign. The report recommends that the fall campaign be advertised sad carried out between October 11 and 22, 1976. It is also recommended that all advertis ins include information on the services of the Ability Centre in Welland. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received and adopted. No. 552 - City Manager - Re: Emergency ~ssiatance - Fort Erie & Port Colborne. The report recommends that the City apply to Fort Eric and Port Colborne for reimbursement of expenses incurred during an ice storm in March, 1976, in the same proportion as those cities receive compensation from the Province. ORDERED on the motion of Aldermen Cheesman, seconded by Alderman Fare, that the report be received and adopted. No. 553 - City Manager - Re: Clay Cover Materi~ls at Sanitary Landfill Site. The report recommends the t the Engineering Dept. be authorized to rent equip- meat from Walker grog. Quarries Ltd. and hire trucks on a trial basis for the purpose of obtaining clay cover material at the most economical rate. It is further recommended that the arrangement be confirmed by letter and the present agreement with Woodington Systems Inc. be cancelled. ORDERED on the motion of Alderman Cheesmen, seconded by Alderman Mann, that the report be received and adopted. No. 554 - City Manager - Re: Ontario Building Officials Conference. The report recommends that three members of the Building & Development Dept. be authorized to attend the Ontario Building Officials Association annual conference in Mississauga on October 26 - 28, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the rep?rt be received and adopted. No. 555 - City Manager - Re: Grey Cup Parade. The report recommends that the City Float be entered in the Grey Cup Parade. ORDERED on the motion of Alderman Manna seconded by Aldermen Orr, that the report be received and adopted. 4 No. 556 - City Manager - Re: Parking on Park Street. The report recommends that parking be prohibited from the southerly aide of Park Street from Erie Avenue 215 feet westerly. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. No. 557 - City Manager - Re: Miller Park Drainage. The report recb.-,-nds that the low quotation ~ubmitted by Peter Demote Construction for drainage improvements at Miller Park, be accepted. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fern, that the report be received and adopted. See Resolution No. 110 No. 558 - City Manager - Re: Arena Rental Rates. The report reconnnends that the by-law setting out ice surface rental rates be amended to provide that out-of-town teams my rent our ice surfaces at a rate of $30.00 per hour if the booking is made less than 48-hours before the rental time. Alderman Thomson expressed concern that the rate of $45 per hour for out-of-town teams was not realistic if the City was not renting ice time due to the rate being high. The Alderman suggested a flat rate of $35 at all times for out-of-towns. The City Manager explained that for.persons requesting ice time less than 48 hours before the rental, the fee will be $30.', If a request is received less than 48 hours prior to the requested time, and the arena is available, the ice time probably could not have been rented in any event. In this way, the City is making $30 rather than not renting the arena. The City Manager and City Treasurer provided additional information in response to questions raised by Aldermen Mann and Orr. Following . further discussion, it was moved by Alderman Mann, seconded by Alderman Fern, that the report be received and adopted. The motion Carriedwwith the following vote: AYE: Aldermen Crowe, Fern, Harrigan, Mann, Michael, 0rr, Schtsler, Smeaton and theeamen. .NAYEi Aldermen Stewart and ThomsOn. No. 559 - City Manager - Re: Municipal Accounts. The report reconnende payment of the municipal accounts. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman, that the report be received and adopted. NOTE: AldeEman Crows was absent when the vote was taken on this matter. RESOLUTIONS No. 110 - S}~_ATON - FERA - RESOLVED that the quotation submitted by Peter Damore Construction for drainage improvements at the Miller Parks be accepted at the quoted price of $8,481.00; AND the Seal O~ the Corporation be hereto affixed. Carried Unanimous ly BY-LAWS ORDERED on the motion of Alderman Thomson, Seconded by Alderman Cheesman, that' leave be granted to introduce the following by-laws, sad the by-laws be read a first time: No. 76-214 - A By-law to authorize a subdivision agreement with Ontario Housing Corporation (H.O.M.E. Project). No. 76-219 -. A By-law to authorize the execution of an amending agreement with Damns and Smith Limited respecting engineering services. No. 76-220 - A By-law to amend By-law No. 6328, 1963, as amended, being the Plumbing By-law. No. 76-221 , A .By-law to authorize the repurchase .of.lands in the Falls Industripl Park. (Lot'19) No. 76-222 , A By-law to amend By-law. No. 75-124, to provide for the appointment of municipal officials. (A. Greaves) ' No. 76-223 - A By-law to authorize the renewal of the lease of the old City Hall, 5 No. 76-224 - A By-law to amend Byelaw No. 3790, being a By-law for the regulation of traffic. (No Parking - Wesley Place) No. 76-225 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-3/76, D. Costa) No. 76-226 ~ A By-law to amend By-law No. 72-179, to establish a board of management for the Downtown Bus iness Improvement Area. No. 76-227 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Harrigan, seconded by Aldermen Smeaton, that the following by-laws be now read a second and third time: No. 76-214 - A By-law to authorize a subdivision agreement with Ontario Housing Corporation (H.O.M.E. Project). .No. 76-219 - A By-law to authorize the execution of an amending agreement with Dames and Smith .Limited respecting engineering services. No. 76-220 - A By-law to amend By-law No. 6328, 1963, as amended, being the Plumbing By-law. No. 76-221;- A By-law to authorize the repurchase of lands in the Palls Industrial Park. (Lot 19) No. 76-222 - A By-law to amend By-law No. 75-124, to provide for the appointment of mun~cipal officials. (A. Greaves) No. 76-223 - A By-law to authorize the renewal of the lease of the old City Hall. No. 76-224 - A By-law to amend By-law No. 3790, being a By-law for the regulation of traffic. (No Parking - Wesley Place) No. 76-225 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-3/76, D. Costs) No. 76-226 - A By-law to amend By-law No. 72-179, to establish a board of management for the Downtown Business Improvement Area. No. 76-227 - A By-law to provide monies for general purposes. NEW BUSINESS NO~SE COMPLAINTS - MISS ~. HOWATSON Carried Unant.mously t' Miss J. Howarson was granted permission to address Council on the motion of Alderman Fern, seconded by Alderman Bchisler. Miss Howarson advised Council that noise from the factory boilers at the former Kimberly-Clark building, and trains from the C.N. yard, is continuing to be a major problem for her. Miss Mowerson explained in detail, the efeorts she has made to solve this problem through the City and the Ministry of Environment, Following her presentation, Miss Howarson referred to the City's study of the Ministry's model municipal noise control by-law, and asked the status of the City's review of the by-law. His Worship, Mayor Bukator advised that the review is still being carried out at the staff level. Once this work is completed, Council will discuss the recommendations made by staff, and hopefully arrive at a course of action to be taken with respect to noise problem in the City. INTEnSEOrION OF DRUMMOND ROAD AND BURDETTE DRIVE Alda=man, Cheesmanreferred to the intersection of Drummond Road and Burdette Drive, which is included in the Regional Traffic Operations"Study. This intersection is shown in the study as being the location for a probable signalized intersection. The Alderman suggested that the City should contact the Re~ion to determine the status of this intersection. It was moved by Alderman Cheesman, seconded by Alderman Thomson, that the Region be contacted in order to determine the status of the Region's consideration o6 signalizing this intersection. The motion Carried unanimously. -6- ONE WAY SYSTEM ON CENTRE STREET Alderman Thomson referred to a by-law recently passed by Council, reverting the one-way section on Centre Street to the previous two way system. The by-law was sent to the Region for their approval, and to date this has not been received. The Alderman requested that the Region be contacted in order to determine the status of the by-law. His Worship, Mayor Bukator advised that he would contact Regional officials in this respect. N.R.T.A. Alderman Thomson advised that the president of the N.R.T.A. had spoken to him about the one-way traffic restriction on Centre Street. Apparently when this change was being discussed, the N.R.T.A. had not been contacted for their comments. The Alderman felt that matters such as this should be referred automatically to the N.R.T.A., although apparently there is some doubt as to whether or not the N.R.T.A. is the official tourist agency for the City. It was moved by Alderman Thomson, seconded by Alderman Crowe, that staff prepare a report on the advisability of establishing the N.R.T.A. as the official tourist agency in the City.' The motion Carried unanimously. RAIL SHIPMENT OF HAZARDOUS MATERIALS Alderman Smeaton advised that the City Clerk had supplied hlmwith a copy of a letter from the Canadian Transport Commission, which outlined the various types of dangerous commodities transported through the City. The letter also advised that representatives of the C.T.C. would be pleased to meet with Council and discuss the problem. Alderman Thomson pointed out that many of the commodities listed in the letter, were probably manufactured right in the City, and discussions on this matter could affect local industries. Following further discussion, it was moved by Alderman Smeaton, seconded by Alderman Orr, that the City Clerk make the necessary arrangements to set up a general meeting at the earliest convenience with members of Council and the various agencies involved, and further that copies of the correspondence from the Canadian Transport Connission be distributed to members of Council. The motion Carried unanimously. It was moved by Alderman Schisler, seconded by Alderman Chessman, that the meetingadjourn. READ AND ADOPTED, P L THIRTY-FOURTH MEETING Committee Room #1 September 27, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, September 27, .1976. A1L~embers of Council were present with the exception of Alderman Marrigan. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR Council Chambers September 27, 1976 Council met on Monday, September 27, 1976 at 7:30 p.m. for the purpose of considering general business. All Members-of Council were present. Alderman Thomson offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the minutes of the meeting of September 20, 1976, be adopted as-printed. DEPUTATION PROPOSED THEME PARK DEVELOPMENT - TAFT BROADCASTING CO. The City Clerk advised that the representative of Taft Broadcasting Co. who was to be present at the. meeting, had been unable to reach Niagara Falls due to inclement weather. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the matter be deferred until further arrangements can be made by Taft Broad- casting Co. UNFINISHED BUSINESS TRUCK TRAFFIC - FOURTH AVENUE Report No. 560 - His Worship, Mayor Bukator - The report advises of meetings r held with representatives of Fruitbelt Trucking, Cyanamid Ltd. and residents of the Fourth Avenue area, regarding the parking of trucks. The report further advises that C.N.R. is willing to lease land to the rear of the existing Customs Compound for the use of large trucks and tractor-trailers. It is recommended that Council authorize a special conmittee to meet with the various affected bodies (Niagara Falls Bridge Commission, Federal and Provincial authorities, O.N.R., etc.) in order to determine possible avenues of assistance for the project, and possible means of recovering the cost. His Worship, Mayor Bukator requested that Aidemen Crowe and Thomson be appointed to serve on this special committee to meet with the appropriate bodies in order to resolve the problem. ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesmsn, that the report be received and adopted, and further that Aldermen Crows and Thomson be appointed to serve on the special committee with His Worship,. Mayor Bukator. COMMUNgCATIONS No. 150 - Regional Municipality of Niagara - Re: Capital Budget 1977-1981. The c~unication requests,all area municipalities to attempt to contain the -2- -3- 1977 debenture quota requests to an increase of no more than 7% over the quota originally approved by the Region in 1976. It is also requested that the Region and all areazmunicipalities contain the annual growth rate of their capital debenture quota for the years 1978-1981 to within 10% per annum. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the communication be included in the 1977 Capital Budget material for reference purposes. No. 151 - Ministry of the Solicitor General - Re: 1976 Fire Prevention Week. The communication requests that the City of Niagara Falls observe 1976 Fire Prevention Week during October 3 - 9, 1976. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann, that the week of October 3 - 9, 1976, be proclaimed Fire Prevention Week in the City of Niagara Falls. No. 152 - Niagara Peninsula Five-Pin Bowling AsSociation ~ Re: Bowlers Week in Ontario. The communication requests that the week of November 7 - 13, 1976 be proclaimed [~Bowling Week". The City Clerk pointed out that the dates requested will conflict with the observance of "Remembrance Week". ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the week of November 7 - 13, 1976, be proclaimed "Bowling Week", subject to the established policy on proclamations. The motion Carried with the ,following vote: AYE:.Aldermen Fern, Mann, Miuhael, .Orr,-Schisler~ Smeaton, Ste~art,,Thomson and Cheesman. '~=~ :' NAYE: Aldermen Crowe and Puttick. NOTE: Alderman Marrigan arrived at the meeting. to be provided and appropriate landscaping. It is suggested that a letter of appreciation be sent to representatives of C.N. for their willingness to discuss the proposal prior to its implementation. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. No. 564 - City Manager - Re: Proposed "Sunnyside Subdivision". The report recommends preliminary approval of the proposed plan subject to nine conditions, and further that Council certify by resolution that the applica- tion conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. See Resolution No. 111 No. 565 - City Manager - Re: Site Plan Approval Proposed Addition, Glengate Collision, Drunmond Road. The report recommends approval of the Site Plan -as posted in the Council Chambers. Alderman Harrigan referred to a previous site plan approved on this property, and asked if the applicant had ever fully complied with the conditions of that s its plan. The Director of Municipal Works advised that he had only been involved with certain conditions of the previous site plan, and that all of those conditions had been carried out. It was then moved by Alderman Harrigan, seconded by Alderman Crowe, that the report be tabled, and further that the site plan and all previous reports on this matter be made available to Council for further consideration. The motion Carried with the following vote: AYE: Aldermen Crowe, Harrigan, Mann, Michael, Schisler, Stewart and Cheesmsn. NAYE: Aldermen Fare, Orr, Puttick, Smeaton and Thomson. No. 153 - Petition from Murray Street Residents - The petition requests the installation of storm sewers in the West Murray Street area. During the discussion on the petition, several members of Council made inquiries regarding the installation of the storm sewer under the Local Improve- mant Program, and the possibility of having the works installed in 1977. The City Clerk advised that the procedure involved was quite lengthy, and even if Council were to authorize the construction of the sewer, it would be impossible to receive Ontario Municipal Board approval this year. The Director of Municipal Works further explained that one of the problems involved M.T.C. subsidy of the storm sewer construction. Subsidies for 1976 were cut back this year, and if the storm sewer requested by the residents was installed under the 1976 Local Improvement Program, there would not be enough subsidy to carry out the entire Program. The Director of Municipal Works also advised that there will be a storm sewer installed in 1977 on part of Murray Street, however it had not yet been determined how many households included in the petition would be serviced by the sewer. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Crows, that the petition be tabled and referred to staff for the preparation of.a report at the next meeting Of Council~ The motion Cart.fed unanimously.. REPORTS No. 561 - Alderman C. Cheesman- Re: C~unity Month. The report ~dvises of certain arrangements made during the observance of Conmunity Month. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Oheesman, · that the report be received and adopted. No. 562 - City Clerk - Re: Objection .to Zoning Amendment By-law 766200, W.-Molodynia. The report. advises that as a result of-circulating the zoning amendment by-law, one letter of objection was received signed by three individuals. ORDERED on the motion of Alderman Mann, seconded by Alderman-Harrigan, that Council reaffirm its approval of the zoning amendment, and further that the letter of objection be referred ~o the Ontario Municipal Board. No. 563 - City Msrm2er - Re: Demolition of West Win~ of Canadian National Railway Station. The.report advises of C.N.'g decision to demolish the West winS of the passenger station, but that every effort will be made by C.N. to' finish off the buildins acceptably with adequate parking facilities i_. No. 566 - City Manager - Re: Site Plan Approval, Proposed RetailSStore, Heritage Drive and Stanley Avenue. The report recommends approval of the site plan as posted in the Council Chambers, ORDERED on the motion of Alderman Crowe, seconded by Alderman Harrigan, that the report be received and adopted. No. 567 - City Manager - Re: Portage Road. The report recommends passage of a by-law authorizing an agreement with the Niagara Parks Commission for the transfer of the section of Portage Road previously under the jurisdiction of the Niagara Parks Commission to the City of Niagara Falls. Alderman Puttick expressed concern that the City would assume this section of Portage Road, and then be faced with extensive paving within two years. The Alderman was of the opinion that the road work recently carried out in this area was poorly done. It was moved by Alderman Puttick, seconded by Alderman Michael, that the report be tabled for further information on the likelihood of further road reconstruction being required on this section of Portage Road. The motion Csrried with the following vote: ~.Y~.: Aldermen Fern, Michael, Orr, Puttick, Thomson, Chessman and Maypr Bukator. NAYE: Aldemmen Crows, ttarrigan, Mann, Schisler, Smeston and Stewart. No. 568 - City Manager - Re: Human Resource Management in Local Government. The report requests authorization for the City Manager to participate in a seminar to be held at Queen's University from November 14 - 19, 1976. It was moved by Alderman Puttick, seconded by Alderman Orr, that the report be tabled until finalization of the Sego Work Effectiveness Report. This motion was Defeate~ with the following vote: AYE: Aldermen Michael, Orr, Puttick and Schisler. NA"~: Aldermen Crows, Fern, Harrigan, Mann, Smeaton, Stewart~ Thomson end Chessman. It was then moved by Alderman Crowe, seconded by Alderman Harrigan, that the City Manager be authorized to attend the seminar at Queen's University from November 14 - 19, 1976. The motion Carried with the following vote: AYE: Aldermen Crows, Fern, HarriSan, Mann, Michael, Smeaton, Stewark, Thomson end theeamen, ..NA.Y~. :, Aldermen Orr, Put tick and Schis let. -4- No. 569 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer provided information on Cheques #5904 and #5941 in response to a question raised by Alderman Schisler. Information was also provided on Cheques ~5933 and ~5918 in response to questions by Aldermen Puttick and Stewart. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. The motion Carried with Alderman Mann voting contrary with respect to Cheque ~5964, and all others voting in fayour. RESOLUTIONS No. 111 - PUTTICK - ORR - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that the application of Gike Incorporated for the development of approximately five acres of property located on the south side of proposed Scholfield Road to the east of Montroae Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the CorpQrat!On be heroic affixed. -. :- ~., Carried Unanimously No. 112 - CHEESMAN - THOR]ON - RESOLVED that a letter of condolence be forwarded to the family of the late Mr. Jack Pearce, a valued employee of eighteen years with the City of Niagara Falls; AND the Seal of the Corporation be heroic affixed. Carried Unanimously No. 113 - MANN - TH0~ON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that the application of W. Molodynia for the rezoning of Part Lots 23 and 24, Registered Plan 653, situated on the north s ide of MAin Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; ANN the Seal of the Corporation be heroic affixed. Carried Unanimously BY- lAWS ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: · No. 76-228 - TABLED No. 76-229 - A By-law to amend By-law No. 76-103, establishins ice surface rental rates for the City Arenas. No. 76-230 - A By-law to authorize the execution of an agreement with Corald Developments Limited (Rainbow Gardens Condeninium, South 'Side of Dunn Street). ~ ' No. 76-231 - A By-law to amend By-law No. 3791, being a By-law designating through highways, and By-law No. 7531, being a By-law to provide for the erection of atop signs at intersections. (Fourth Avenue at Valley Way) No. 76-232 - A By-law to provide monies for general purposes. Carried ~tth Alderman Mann voting contrary 0n Cheque ~5964 of By-law No. 76-232,.and all others voting in fav0~. ORDERED on the motion of Aldermen Mann, seconded by Aldermen Thomson, that the following by-laws be now read a second and third time: No. 76-228 - TABLED No. 76-229 - A By-law to amend By-law No. 76-103, ests~ilehin8 ice .s~rfSce -. rental rates for the City Arenas. No. 76-230 - A By-law to authorize the execution of an agreement with Corald l)evelcpments Liralied (Rainbow Gardens Condomtnlum~ South 81de, o£ ~unn Street). -5 - NO · 76-231 - A By-law to amend By-law No. 3791, being a By-law designating through highways, and By-law No. 7531, being a By-law to provide for the erection of stop signs at intersections. (Fourth Avenue at Valley Way) No. 76-232 - A By-law to provide monies for general purposes. Carried with Alderman Mann voting contrary on Cheque #5964 of By-law No. 76-232, and all others voting in favour. NEW BUSINESS SYLVIA PLACE MARKET Alderman Thomson advised that he had visited the Sylvia Place Market, and had been given a petition from several farmers regarding the new market fees recently established by Council. Apparently some of the farmers are .still in disagreement with the new fees, as well as a number of other problems being experienced at the market. Alderman Thomson suggested that a committee be established to meet with the farmers in order to resolve some of the problems. Following the discussion on this matter, it was moved by Alderman Thomson, seconded by Alderman Chessman, that a special market liaison committee be established to meet with the farmers using the City markets, in order to resolve problems presently exis ring at the markets. The motion Carried with Aldermen Puttick voting contrary. His Worship, Mayor Bukator, Aldermen Thomson and Chessman were appointed to act on the Committee, and the Building & Development Co-ordinator will serve as secretary to the Committee. NIAGARA COLLEGE LOCAL CAMPUS Alderman Thomson advised that at a recent meeting of the committee established to work with representatives of Niagara College on the location of a local campus, the matter of access to the proposed site was discussed. The site selected is adjacent to the Q.E.W. between Lundy's Lane and the extension of Oakwood Drive, and the two points of access would be from the Oakwood Drive extension and Lundy's Lane. The College is now asking for endorsement from the City on the acceptability of the proposed traffic pattern. The City Clerk and Director of Municipal Works provided additional information in response to questions raised by'~mbers of Council. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Chessman, that Council agree in principle with the proposed traffic pattern, and further that a report be prepared on the details of the proposal, in order to proceed with the project. The motion Carried unanimously. ONE FT. RESERVE - PETTIT AVENUE Alderman Thomson suggested that a report be mode available on the status of negotiations on the matter of the one ft. reserve on Pettit Avenue. Alderman Crows stated that the negotiations are still pending, and suggested that interference in the matter could possibly prejudice the negotiations· WALKWAY FOR CHILDREN AT GREENDALE SCHOOL Alderman Cheesman referred to a proposed pathway the City had arranged to have for children from the Ascot Woods Subdivision travelling to Greendale School. The Aldermen asked the status of that matter. The City Clerk advised that the walkway had been completed that day. TRAFFIC SIGNALS - Q.E.W. AT STANLEY AVENUE Alderman Cheesmen advised that he had been travelling east on the Q.E.W. and when making a left turn on Stanley Avenue on the flashing green light, had narrowly missed collidiu~ with cars travelling in the opposite direction. Apparefitly the lights Were not staggered, thereby giving traffic ~n both directions a green signal. The Alderman requested the Director of Municipal Norks to check into the matter, -6- OCTOBER 14TH DAY OF PROTEST Alderman Orr raised a number of questions regarding the possible partici- pation of Local 133, C.U.P.E. in the Octoberll4th day of protest against the Federal wage controls recently established. The Alderman was particularly concerned about the City's legal position with regard to the Union and the taxpayers. Several members of Council commented on this issue, but due to the complexity of the problem, His Worship, Mayor Bukator suggested that the matter be referred to staff for the preparation of a report at the next meeting of Council. It was moved by Aldermen Schisler, seconded by Alderman Chessman, that the meeting adjourn. READ AND ADOPTED, MAYOR THIRTY-FIFTH MEETING REGULAR MEETING Council Chambers October 4, 1976 Council met on Monday, October 4th , 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Fern. Alderman Cheesman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the minutes of the meeting of September 27, 1976, be adopted as printed. PRESENTATION OF ACHIEVEMENT AWARD His Worship, Mayor Bukator presented an Achievement Award to Mr. Ted Bishop, who won first place in the O.F.S.S.A.A. Junior Boys Discus competition in Etobicoke on June 5, 1976. Mr. Bishop represented A.N. Myer Secondary School, and was the only student from Niagara Falls to take a first place ribbon at the event. DEPUTATION PROPOSED THEME PARK DEVELOPMENT - TAFT BROADCASTING CO. Mr. Gary Wachs of Family Leisure Centres, a subsidiary firm of Taft Broadcasting Co. was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Chessman. Mr. Wachs regretfully advised Council that his firm would be unable to continue plans for the proposed theme park. This decision was based partly on the recent announcement of MArineland & Game Farm to expend their operations to include an amusement park, and the proposed construction by the Niagara Parks Commission of a parking lot adjacent to the Marineland complex. The firm felt that these recent developments no longer gave the theme park proposal the preferred opportunity of ten months ago. Mr. Wachs thanked His Worship, Mayor Bskator, members of City Council~aad~City staff for the co-operation extended to Taft Broadcasting during the planning stages of the project. Mr. Wachs further advised that his firm would continue its interest in Niagara Falls, and hoped to seek future projects in the area. Several members of Council thanked Mr. Wachs for personally attending the meeting and explaining the position of Taft Broadcasting and the firm's reasons for withdrawing from the project. CANADIAN BRITISH CONSULTANTS FEES FOR LARDFILL FORCEMAIN Report No. 534 - City Manager - The report recommends: 1) that upon receipt of a crsdit of $834.48 of fees claimed for services prior to Apt. 16/76 by the consultant, the balance of fees, $7,403.33 be paid; 2) that the consultants be paid fees in the amount of $1,116.35 for additional services after Apt. 16/76 related to disputes among the contractors; 3) that the consultant be reimbursed for expenses in the amount of $468.31 due in accordance with Article IV of the agreement; 4) that By-law 74-241 authorizing the agreement with the consultant be amended accordingly; 5) that the amount of fees agreed upon be increased to $10,000 to cover adequately the additional services by the consultants in respect to the dispute between the contractors involved in this project, and that the by-law to thise~ffect be passed; and 6) that the question on the dispute of alleged damages among the contractors and reimbursement to the City for part of the consultant's fees and expenses related to investigation of the allegations, be considered when the disputes have been settled, Mr. R. Puttee of Canadian British Consultants Ltd., was granted permission to address Council on the motion of Alderman Chessmen, seconded by Alderman Thomson. Mr. Puttee explained fn detail, the additional fees his firm was requesting due to additional services provided during construction of the pumping station and forcemain at the Landfill site. D~rinS the discussion on this matter, several members of Council etated that the additional fees were Justified, and the only criticism made was the fact that Council had not been notified when the situation first developed. 2 The City Solicitor and City Manager provided additional information in response to several questions raised. ORDERED on the motion of Alderman Thomsons seconded by Alderman Crows, that the report be received and adopted. See By-law No. 76-212 COMMUNICATIONS No. 154 - East Niagara Housing Authority'- Re: Request for Additional Senior Citizen Units in Niagara Falls. The communication requests that steps be initiated to provide another proJ act to accommodate an additional 120 applications for senior citizen units. In response to a number of questions raised by Alderman Thomson, Mr. L. Detlor, Chairman of the Authority, stated that the Authority felt it advisable to keep a reserve on the waiting llst in order to prevent the possibility of having too many units available. Mr. DeClot further stated that there was no positive solution to providing ~nits for 100% of the applications on file, but that applying for additional acconnnodation would offset the demand at this time. Alderman Crows pointed out that this type of housing can also be provided through a profit making venture using private capital. Several programs established by the Federal Government now apply On geared to income housing provided through private investment. Following further discussion, it was moved by Alderman Crowe, seconded - by Alderman Thomson, that steps be initdAted to provide the additional senior citizen units required. The motion Carried unsnimously. See Resolution No. 114 No. 155 - Skyion - Re: International Marathon Week. The communication requests that the week of October 10 - 16, 1976, be proclaimed International Marathon Week. ORDERED on the motion of Alderman Thomson, seconded by Alderman 0rr, that the request be approved subject to the established policy on proclamations. No. 156 - Marconi Lodge Order, Sons of Italy of Ontario - Re: Columbus Day. The communication requests that October 12, 1976 be proclaimed Columbus Day in the City of Niagara Falls. ORDERED on the motion of Alderman Michael, seconded by Alderman Stewart, that the request be approved subject to the established policy on proclamations. No. 157 - Regional Municipality of Niagara - Re: Future Traffic Signals, Burdarts Drive and Drummond Road. The co.~unication provides information on the possible future signaliaation of the intersection of Burdarts Drive and Dr--w. ond Road. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesmans that the communication be received and filed. No. 158 - Minister of Energy - Re: Energy Conservation Week. The communication requests that Council adknowledge and support energy conservation week in Ontario - October 31 to November 6, 1976. ORDERED on' the motion of Alderman Schisler, seconded by'Alderman Orr, that the week of October 31 - November66, 1976, be~pvoclaimed Energy Conservation Week subject to the established policy on proclamations. No. 159 - Downtown Business Improvement Area Board of Management - Re: Signing for Downtown Area. The conmmnication refers to a request for signing to the Downtown area made in February of 1975, which to date, has received no r~ply from the City. The Projects & Services Engineer explained that signs falling.under the Jurisdiction of the City had been ereceed. Many of the signs requested were Under.the Jurisdiction of other authorities, i.e.M.T.C., Region, Niagara Parks'C~muission, Niagara Pails Bridge Cowuission, etc. Contact had been made with most of these authorities, and consideration was takins place of e uniform guide signing policy. Following further discussion, it was moved by Alderman' Puttick, seconded by Alderman Chessman, that the c~un~unication be received end filed, end further that the Projects & Services Engineer be requested to attend the next meeting of the Downtown Business Improvement Area BoardoSf ManeCement, in order to clari~y the matter o~ signing to the Downtown area. The motion Carried unanimously. J_ -3 - REPORTS No. 570 - Planning & Development Committee - AM-15/76, J. & N. McKinley, Corner of Shark and Sodom Roads. The Committee recommends that Council certify by resolution that the application conforms to Official Plan Amendment No. 29 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing, and further that the application be approved subject to Development Control. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, the t the recommendations of the Planning & Development Committee be adopted. See Resolution No. 115 See By-law ~o. 76-233 No. 571 - City Manager - Re: Extension of Storm Sewer - Murray Street. The report recommends that the petition as it relates to that section of Murray Street not covered by the 1976 Local Improvement Program, be referred to staff for consideration in conjunction with the 1977 Program. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and adopted, and the tea idents notified accordingly. No. 572 - City Manager - Re: Provision of Advance Polls for 1976 Municipal Election. The report recommends that Council, by by-law, provide for advance polls in the City of Niagara Falls on November 27 and December 4, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. See By-law ~q.. 76-234 No. 573 - City Manager - Re: ReVised Site Plan - Glengate Collision Service Ltd. The report reconunends that the revised site plan presently before Council be approved and that Mr. D'Addio be notified of the Ctty's intention to enforce ' all the requirements of.the revised site plan. The City Clerk provided additional information in response to several questions raised by Alderman Chessman. ORDERED on the motion of Alderman HarriSan, seconded by Alderman Thomson, that the report be received and adopted. No. 574 - City Manager - Re: Repairs to Portage Road. The report provides background information on the assumption of the section of Portage Road from the Niagara Parks Commission. It is reconnnended that Council approve the by-law authorizing acceptance of this section of roadway from thQ Niagara Parks Couaulssion. In response to a question raised by Alderman Puttick regarding the '~avy" condition of the roadway, the Director of Municipal Works advised that this condition was deliberately built into the roadway to direct. l=t drainage westerly away from the embankment. At the pos ted speed, there is no problem created for motorists due ~o the wavy condition of the road. Drainage running off the roadway over the embankment was the cause of thewash-out in the firs t place. It was also pointed out that the City had assumed maintenance costs for the roadway for the last two years. Following further discussion, it was moved by Alderman Michael, seconded by Alderman Thomson, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others in fayour. See By-law No. 76-228 No. 575 - City Manager - Re: gale and Replacement of Used City Equipment. The rQport requests permission to obtain quotations on a replacement for the 1965 model street sweeper, and recommends that all revenue and surplus on the 1976 Equipment Budget be held in reserve for purchase of the proposed street sweeper and any balance be reserved for equipment replacements in 19~7. ORDERED on the motion of Alderman Schisler, seconded by Aldeznmn Stewart, that the report be received and adopted. No. 576 -' City Manager - Re: Contract G.C. 24-76, Chsrnwood Subdivision. The report recommends tImt the tender submitted by Damore Bros, Limited for the installation of underground services and base road construction in the Charnwood Subdivision be accepted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received sad adopted. See 2 -4- No. 577 - City Manager - Re: Day of Protest - October 14, 1976. The report provides information on the position of the City in the event union members choose to participate in the October 14th Day of Protest on the Federal wage controls. It is pointed out in the report that not all of the questions raised by Alderman Orr, in particuIar those relating to the legal implications of the day of protest, can be answered until confirmation of the Union's decision has been received. It is recommended that the report be received and filed, and further that Council be kept aware of any decision made by unionized staff of the City regarding the observance of the day of protest. During the discussion on this matter, several members of Council expressed the opinion that should the Union decide to observe the day of protest, the employees would 'not hesitate to offer their services in the event of an emergency. It was also felt that until a decision had been reached by the Union, no immediate action could be taken. The Personnel Officer provided additional information on the matter. Following considerableddiscussion, it was moved by Alderman Smeaton, seconded by Alderman Crows, that the report be received and filed. The motion Carried unanimously. NOTE: Alderman Orr retired from the meeting. No. 578 - City Manager - Re: Registered Property ~65-4, Stella A. Kostecki, 7941 Woodbine Avenue. The report recommendsppassage of a by-law authorizing ~he conveyance of the subject property by the City to the former assessed owner. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smaaton, that the report he received and adopted. See By-law No. 76-236 No. 579 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Manager provided information on Cheques ~6177, ~6153 and ~6159 in response to several questions raised by Alderman Puttick. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the report be received and adopted. RESOLUTIONS No. 114 - CROWE - THOMSON - RESOLVED that Ontario Housing Corporation be requested to undertake and carry out a survey to determine the need and effective demand for senior citizen housing accommodation on a geared-to- income basis in the City of Niagara Palls; AND.the Seal of the Corporation be hereto affixed. Carried Unanimously No. 115 - MANN - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that the application of J. & N. McKinley for the rezoning of Lots 1 to 11, 11 to 41, 56 to 60, situated on the northeast corner of Shark and SodomRoads, conforms to Official Plan Amendment No. 29 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 1!6 - THOMSON - MANN - RESOLVED that the unit prices submitted by Damore Bros. Limited for the installation of underground services and base road construction in the Charnwood Subdivision, be accepted at the tendered price of $5~9,025.871 AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-IAW~ ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that leave be granted to introduce the following by-laws, and the by-laws be read s .fiFs~'~ime~,, 'No. 76-~12 - A By-law to authorize an amendment to an agreement with Canadian British Consultants (1971) Limited respecting enSineering services in connection with a forcemain for the tityes sanitary landfill site, -5- No. 76-228 - A By-law to authorize an agreement with the Niagara Parks C Connuission for the assumption of Portage Road between Buchanan Avenue and McLeod Road. No. 76-233 - 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-15/76, J. & N. McKinley) No. 76-234 - A By-law to provide for the holding of an additional advance poll for the 1976 municipal election. No. 76-235 - A By-law to authorize the execution of an agreement with Damore Bros. Limited for the construction of sewermains, watermains and base roads in the Charnwood Subdivision. (G.C. 24-76) No. 76-236 - A By-law to authorize the conveyance of land to Stalls A. Kostecki. (7941 Woodbine Avenue) No. 76-237 - A By-law to authorize a subdivision agreement with Leo N. Martin (Black Subdivision). No. 76-238 - A By-law to authorize a subdivision agreement with Klydel Holdings Inc. (Westwood Village Extension II). No. 76-239 - A By-law to provide monies for general purposes. Carried with Alderman Puttick voting contrary on By-law 76-228, and all others voting.in favour. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the following by-laws be now read a second and third time: No. 76-212 - A By-law to authorize an amendment to an agreement with Canadian British Consultants (1971) Limited respecting engineering services in connection with a forcemain for the City's sanitary landfill site. No. 76-228 - A By-law to authorize an agreement with the Niagara Parks Commission for the assumption of Portage Road between Buchanan Avenue and McLeod Road. No. 76-233 - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby now im the City of Niagara Falls, as amended. (AM-15/76, J. & N. McKinley) No. 76-234 - A By-law to provide for the.holding of an additional advance poll for the 1976nmunicipal election. No.~76-235 - A By-law to authorize the execution of an agreement with Demote Bros. Limited for the construction of sewermains, watermains and base roads in the Charnwood Subdivision. (G.C. 24-76) No. 76-236 - A By-law to authorize the conveyance of land to Stalls A. Kostecki. (7941 Woodbine Avenue) No. 76-237 - A By-law to authorize a subdivision agreement with Leo N. Martin (Black Subdivision). No. 76-238 - A By-law to authorize a subdivision agreement with Klydel Holdings Inc. (Westwood Village Extension II). No. 76-239 - A By-law to provide monies for general purposes. Carried with AIderman Puttick voting contrary on By-law 76-228, and alloothers voting in faYour. NEW BUSINESS .P-EVITALIZATION OF DOWNTOWN CORE Alderman Cheesman referred to a recent decision by City Council to apply for participation in the Provincets program on revitslization of -6- downtown cores. The Alderman advised that this program was not limited strictly to renovations to store fronts, but included re-cycling of properties, acquisition of vacant land, construction of malls and parkettes, and the provision of art galleries. The Alderman hoped that City staff would study the possibility of a specific proposal for the downtown area. During the discussion on this topic, Aldermen Crows, Puttick and Thomson all made reference to a number of projects recently completed in the downtown area, i.e. the new police building, the new Transit Commission depot on Park Street, renovation of a large commercial building at Ontario and Queen Streetss and the new Park Street market building. Alderman Thomson also referred to a recent editorial appearing in the local newspaper, describing the downtown area as a '~asteland of desolatinn". The Alderman felt that such s negative approach was unfair in view of the many improvements in the downtown area which have been carried out recently. ONE FT. RESERVE - PETTIT AVENUE It was moved by Alderman Thomson, seconded by Alderman Michael, that the City Manager investigate the dispute over the one ft. reserve on Pettit Avenue, in an attempt to reach a reconciliation of the problem. NOISE OF HELICOPTERS Alderman Puttick presented a copy of a petition from residents regarding {he noise of helicopters to the City Clerk, and requested that it be ~orwarded on to the appropriate authorities. ABOVE GROUND POOLS Alderman Puttlck stated that in the past, many homeowners had purchased above-ground pools to avoid assessment on an in-ground pool. The Alderman stated that in checking recently, he had been advised that the Province was now considering assessing above-ground pools as well. Alderman Puttick requested that a report be prepared on the matter. DRAINAGE PROBLEM - NARLEYFORD CRESCENT It was moved by Alderman Puttick, seconded by Alderman Smeaton, that a report be prepared on a ~ear y4rd drainage problem on Harleyford Crescent to the rear of Sarah Street. The motion Carried unanimously. ' DRAINAGE PROBLEM - CORRY CRESCENT It was moved by Alderman PUttick, seconded by Alderman Smeaton, that a report be prepared on a drainage problem for those. prop~rties backing on to Corry Street. The motion Carried unanimously. TOUR OF CITY PROJECTS Alderman Stewart suggested that a tour of City p~oJects-be arranged prior to the end of the year. _ " It was moved by Aldernmn Harrigan, seconded by Alderman Smeaton,' that the next regular meeting of Council be held on October 18, 1976. The motion Carried unanimously. . the meeting adjourn. It was moved by ~lderman Puttick, seconded by Alderman Schisler, that READ AND ADOPTED, HAYOR THIRTY-SIXTH MEETING Committee Room ~1 October 18, 1976 Council met in Committee of the Whole at 7:00 p.m. on Monday, October 18, 1976. A1L.~embers of Council were present. :Alderman-Puttick presided as Chairman. Following cons ideration of the items presented, the Committee of the Whole arose without reporting...&~a, xaa.. READ AND ADOPTED, MAYOR Council Chambers October 18, 1976 Council met on Monday, October 18, 1976 at 7:30 p.m. considering general business. All Members of Council were present. Crowe offered the Opening Prayer. for the purpose of Alderman ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the minutes of the meeting of October 4, 1976, be adopted as printed. PRESENTATION OF ACHIEVEMENT AWARDS His Worship, Mayor Bukator presented Achievement Awards to Mr. Fred Audibert, Mr. Lorne Papetti and Mr. Bill Kozak. Mr. Papettt won the all Ontario Y.M.C.A. Sports Festival Cross Country Run Championship held in Cambridge, Ontario in May of this year. Mr. Audibert won the Optimist all Ontario efatorical Contest, and Mr. Koaak won the C.P.G.A. Canadian ProfessiOnal Sen~ors Golf Championship held in Toronto this year. UNFINISHED BUSINESS EXPROPRIATION OF 4539 AND 4541 ERIE AVENUE Report No. 580 - City Manager - The report recommends passage of a resolution as follows: (a) That Council as approving authority, approve the expropriation of the subject lands; (b) That the Mayor and Clerk be authorized to execute the~required Certificate of Approval under the ExpropriationsAAet; (c) That leave be granted to the introduction of the approval and the expropriation by-laws; (d) Thst the Director of Municipal Works be authorized and directed to prepare a plan or plans showing the lands to be expropriated for registration in the Registry 0ffice pursuant to The Expropriations Act; (e) That the City Clerk be authorized and directed to execute and the City Solicitor be authorized and directed to serve Notice of Expropriation pursuant to The Expropriations Act and such Notice of Possession that may be required to obtain possession of the expropristed lands. ORDERED on the motion of Alderman C~o~e~ seconded by Alderman Mann, that .the report be'received-and adQpted. See Resolutio.n .No. 117 See By-laws 76-240 and 76-241 COMMUNICATIONS No. 160 - H M C Travel Ltd. - Re: Permission for Fireworks Display. The cc~=~nications requests permission to hold a fireworks display on November 6, 1976. ORDERED' on the motion of Aldernmn Thomson, seconded by Alderman Cheesman, that the request be approved subject to compliance with all requirements of By-law No. 70-86. - 2- No. 161 - Region Niagara Tourist Council - The communication provides information on the activities of the Council, and new programs proposed by the Council. Aldermen Cheesmsn and Puttick referred to a con~nent in the communication on the need for additional washroom facilities in tourist areas and the City markets, and suggested that consideration be given to providing such facilities. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the communication be received and filed, and that a copy be forwarded to the N.R.T.A. for information purposes. No. 162 - Regional Niagara Health Unit - Re: TmmuniZation Against Swine Flu. The communication provides clarification on the Health Unit's position ~n the swine flu immunization program. ORDERED on the motion of Alderman Michael, seconded by Aldernmn Fera, that the communication be received and filed. '- No. 163 - Chamber of Commerce - Re: Community Month. The communication extends an invitation to men~ers of Council and City staff to participate in the various activities planned for Community Month. Alderman Chessman provided additional information on the work of the committee in planning activities during Community Month. ORDERED on the motion of Alderman Puttlck, seconded by Alderman Chessman, that the communication be received and filed. No. 164 - Chamber of Commerce - Re: Availability of Reports. The co~munication commends City Council for the decision to make copies of various reports available to the public prior to meetings, and requests Council's support in requesting the Regional Municipality of Niagara to consider such a policy on Regional matters. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the Regional Municipality of Niagara be informed of the action taken by the City and be asked to support a similar procedure for Regional matters. No. 165 - Niagara Transit - Re: Allocation of 1977 Transit Operating Subs idy Funds. The connunication advises that the new policy adopted by the M.T.C. on allocation of 1977 transit operating subsidy funds will-result in a savings of $75,000 to the City in the coming year. During consideration of this item, Aldermen Cheesmsn and Puttick requested information on how the City would realize this savings. The City Manager provided a brief explanation, however it wassfelt that representatives of the Transit Commission should be requested to provide the ~equired information. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Mann, that the conmunication be tabled for one week, and that the Manager of the Transit Commission be requested to attend the next meeting in order to provide the additional infornmtion required. No. 166 - Canadian Transport Commission - Re: Rail Shipment of Dangerous Commodities. The connunicatton advises that representatives of the Railway Transport Committee will meet with representatives of CIty Council, end suggests that arrangements be made to set up the necessary meeting. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson, that a meeting be arranged as soon as possible, and that all interested members of Council attend. No. 167 - Downtown Business Association - Re: Saturday Sanitation De'pC. Pick-up. The communication requests that the usnal Saturday morning refuse pick-up in the downtown area begin by 9:30 s.m. ' ORDERED on the motion of Alderman Michael, seconded by Alderman Smeston, that the request be referred to staff for the preparation of a report on the cost and feasibility of granting the request. No. 168 - Lorerio High SchoOl - Re: Walk-a-Thon, November 10, 1976. The coununication requests Counctl~s permission to hold s Walk-a-Thon on November 10, 1976. ORDERED on the motion of Alder~mn ~h~on, seconded by Aldermen Fers, that the request be spproved subject to similar approvals being obtained from the Regional Municipality of Niagara,on the proposed r~e. No. 169 - ~tslettve ~ee~ly. Oe~tce 'o~ the ~positton - Re: Brief to Blair C~/ss/on on Property~ax bfo~. ~e c~n/cetLon pr~des copies of the - 3 - brief presented to the Blair Commission on Property Tax Reform on behalf of the New Democratic Party Caucus. Alderman Michael commented on how the reforms will seriously affect the operation of golf courses, and advised that the golf associations~..will be presenting a brief to the government on this matter. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the communication be received and filed. No. 170 - Residents of Stanley Avenue - Ramsey Road Area - Re: Niagara Metals. The communication and enclosed petition advise that residents are taklng action against Niagara Metals as s result of the "fall-out" from their operation, and request the support of City Council in resolving the problem. AND Report No. 581 - City Manager - The report advises of action taken by the Ministry of the Environment and Niagara Metals in order to reduce the discharge of emissions from the plant to acceptable levels. It is recommended that the Niagara3Metals be!requested to have their insurance agent meet with those property owners claiming damage, in an effort to remedy any problems which have arisen as a result of the dust emission. Alderman Puttick provided additional information on complaints he had received from residents in the area regarding the dust emissions from the plant. ORDERED on the motion of Alderman Puttick, seconded by Alderman Crows, that the report be received and adopted, and further that the Ministry of the Environment be requested to take the appropriate steps to alleviate the problem. .P~.PORTS No. 582 - Planning & Development Committee - Re: AM-21/76, S. Mingle, 5525 Victoria Avenue. The Committee recommends that Council certify by resolution that the application of S. Mingle for the rezoning conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved, and that the application be approved subject to Development Control. Mr. A. Everett, an area resident was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Chessman. Mr. Everett advised that the residents felt their homes would become devaluated by the proposal, fndview of the residential nature of the area. Mr- Everett also advised that many of the residents had lived in the area for a p-mher of years, and have invested time and money into the upkeep of their homes. There was also some confusion on the lands to be included in the proposal, and Mr. Everett pointed out that one of the properties shown for future expansion was owned by a resident who had no intention of selling. Mr. G. Barycky, solicitor for the applicant, was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Stewart. Mr. Barycky advised that his client only applied for rezoning on properties he presently owns. The existing motel is a legal non-comforming use, and the change in zoning will reflect the tourist-commercial nature of the property. It was also advised that adequate parking will be provided on the site, and that no on-street parking would be involved. Following further discussion, it was moved by Alderman Michael, seconded by Alderman Smeaton, that the reconmendations of the Planning and Development Committee be adopted. The motion .Carried unanimously. No. 583 - City Manager _ Re: Interview Expenses. The report recommends reimbursement to e person who is required to travel a minimum of 150 miles to attend an interview at the request of the City, Also attached to the report is a survey sho~ing the policies of other municipalities on this matter. Considerable discussion took place on the suggested policy, durin8 which time a number of members indicated their support or-opposition to the proposal. Various suggestions were made with regard to the minimum travelling distance required before expenses would be paid, and whether or not expenses should be .paid 6n the first interview. The City Manager provided additional infornmtion in response to addition~l questions raised by members of Council. The question was also raised on payment of moving expenses to a Person required to relocate in the City when hired, The City Manager advisedi -4- that he was not aware of an existing policy on this matter, however Council had paid relocation expenses in the past depending on the circumstances involved. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Thomson, that the report be tabled, and a further report be submitted on an entirenpolicy of interview and relocation expenses to be paid, including current policies in other municipalities and industry. The motion was Defeated with the following vote: AYE: Aldermen Fern, Michael, Puttick and Thomson. NAYE: Aldermen Crowe, Harrigan, Mann, Orr, Schisler, Smeaton, Stewart and Cheesman. It was moved by Alderman Schisler, seconded by Alderman Smeaton, that the report be amended to provide for expenses to be paid outside a onehhundred mile radius, and that the report be received and adopted as amended. This motion was Def~ated with the following vote: AYE: Aldermen Mann, Orr, Schisler, Smeaton and Cheesman. NAYE: Aldermen Crowe, Fern, Harrigsn, Michael, Puttick, Stewart and Thomson. It was then moved by Alderman Cheeaman, seconded by Alderman Orr, that the report be received and adopted. The motion Csrried with the following vote: AYE: Aldermen Crowe, Harrigan, Mann, Orr, Stewart, CheeSman and Mayor' Bukator. NAYE: Alderman Fern, Michael, Puttick, Schisler, Smeaton and Thomson. No. 58& - City Manager - Re: Design & Construction Engineer. The report advises that Mr. Dev Tyagi has been appointed to fill the position of Design and Construction Engineer at a salary of $24,305 per annum, with duties to commence on November 1, 1976. It is recommended that the report be received and filed. The City Manager advised that the City would be paying Mr. Tyagi 50% of the relocation expenses involved in moving to Niagara Falls. In response to a question raised by Alderman Crowe, the City Manager explained that the practice of paying relocation expenses to new employees had evolved through the years, and that he had simply continued the practice when he Joined the City. Following further discussion, it was moved by Alderman Michael, seconded by Alderman Crows, that the report be received and filed, and further that staff be instructed to bring in a full report on the policy of paying relocation expenses when hiring new employees. The motion Carried unanimously. No. 585 - City Manager - Re: Site Plan Approval - Empire Motel. The report recommends approval of the site plan as posted in Council Chambered. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. No. 586 - City Manager - Re: Tenderffor Snow Removal Trucks.. The report recon~uends acceptance of truck rentals as submitted, with the proviso that the truckers be nalled upon in order of their hourly rates per cu. yd. and that their trucks are suitable for theloaders employed. It is further recommended that the remaining truckers he=~alled upon when city trucks are not available.~'Rv}l~D -, ~!.=. ' .~ . .. e..-~.~f.~ .v ORDEREB~On themmotion of Alderman Thomson, seconded by Alderman Orr, that the report be received and adopted. No. 587 - City Manager - Re: Regional Resource Recovery System. The report recommends that R~port No. 498, Augnat 30, 1976, be submitted to the Regional Municipality of Niagara as Councll's initial c~-.~nts. It is also recommended that Council reserve the right to further comments when adequste information becomes available and that for this purpose, the Cityss representation on the Technical and Advisory Committees continue as part of the 'l~r.oposed" Monitoring co~maittee. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, that =he. report be received and adopted. No. 588 - City Manager -. Re: Parkin8 on St. Clair Avenue between Huron and Morrison, The report recommends that the. on-street perking meter by-lew be amended to provide for three hour perking meters on the easterly side of St. Clsir Avenue from Huron Street to Morrison Street. ORDERED on the motion of Alderrash Thomson, seconded by Alderman Fern, that the report be received and adopted, - 5 - No. 589 - City Manager - Re: Parking Opposite the Medical Arts Building. The report advises that the land presently used for parking purposes oppos ire the Medical Arts Building is owned by the M.T.C. It is recommended that the M.T.C. be requested to either improve the present parking area or take the necessary steps to prohibit parking. Alderman Puttick suggested that representatives of the Medical Arts building meet with Ministry officials in order to work out a type of lease arrangement to improve the lands so that they my be used for parking purposes. ORDERED on the motion of Alderman Mann, seconded by Aldernmn Michael, that the report be received, and that the M.T.C. and Medical Arts building officials negotiate a possible lesse arrangement for improvement of the lands for parking purposes. NOTE: Ald. Harrigan abstained on s conflict.of..interest. No. 590 - City Clerk - Re: Observance on Halloween. The report recommends 1) That Council proclaim Saturday, October 30, 1976 as UNICEF Day in the municipality; 2) That citizens of the City observe Halloween on that day; and 3) That drivers be reminded to observe additional care while driving on the above date. Members of Council considered the advisability of observing Halloween on October! 31st rather than October 30th as recommended in the report. Following the discussion, it was moved by Alderman Mann, seconded by Alderman Michael, that the report be received and filed, and that Halloween be observed on October 31, 1976 in the Municipality. An amendment to the motion was moved by Alderman Crowe, seconded by Alderman Harrigan, that Council recommend that all activities terminate by 9:00 p.m. on October 31st, 1976. The amendment to the motion was Defeated with the following vote: AYE: Aldermen Crows and Harrigan. NAYE Aldermen Fera, Mann, Michael~ Orr, Puttick, Schisler, Smeaton, Stewart, Thomson and Chessman. The original motion to receive and file the report and observe Halloween on October 31st, 1976, was ~F.ried with the following vote: AYE: Aldermen Crows, Fera, Harrigan, Mann, Michael, 0rr, Schisler, Stewart and Thomson. N~.YE: Aldermen Puttick, Smeaton and Chessman. No. 591 - City Manager - Re: Assessment of Above Ground Pools. The report provides information on the possible decision of the Ministry of Revenue to assess above ground pools for municipal taxation purposes. It is recommended thst the report be received and fileds and that representatives of the Ministry of Revenue be asked to keep the City informed of any definite policy that may be adopted as a result of the current examination of the effect of above ground pools on the marke. t value of property. Members of Council expressed concern over the Ministry's proposal, a~d'the resulting confusion that would arise over which pools would be assessed for taxation purposes. Reference was also made to the fact that many persons purchased above ground pools in order to avoid the assessment. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman 0rr, that the report be received-and filed. No. 592 - His Worship, Mayor Bukator - Re: ACtivities of Regionsl Council. The report provides a svmmnry of some of the more important matters approved recently by Regions1 Council. ORDERED on the motion of Alderman Thomson, seconded by Alder~n Stewart, that.the report be received and filed. No. 593 - City Manager - Re: Harleyford Crescent and Corry Crescent, Former Village of Chippawn. The report provides information on drainage problems presently experienced in this area, and action taken to date to resolve the problem. In. response to a question raised by Aldermen Putticks the Director of Municipal Works explained that contact had been made with the developer, and arrangements are being made to frye:and have the builders construct the required swale. It was hoped that a definite answer on this matter would ~e available within a month, ~h~ Director of Municipal Works further -6- · advised that drainage problems exist throughout the City, and that his department was arranging a meeting with developers and builders in order to discuss the.problem and how it might be solved. ORDERED on the motion of Alderman Puttick, seconded by Alderman Stewart that the report be received and filed, and that the affected property owners in the Harleyford and Corry Crescents area be notified accordingly. No. 594 - City Manager - Re: Municipal Engineers Association Seventeenth Annual Fall Workshop. The report recommends that three members of the Municipal Works be authorized to attend the Workshop to be held in Ottawa from November 23 - 26, 1976. It was moved by Alderman Michael, seconded by Alderman Puttick, that one member of the Municipal Works be authorized to attend the Workshop, and the report as amended, be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Michael, Puttick and Schisler. NAYS: Aldermen Crowe, Fern, Harrigan, Mann, Orr, Smeaton, Stewart, ThomSon and Chessman. It was then moved by Alderman Cheesman, seconded by Alderman Harrigan, that the report be received and adopted. The motion Carried with the following Vote: AYE: Aldermen Crows, Fern, Harrigans Mann, 0rr, Schislers Smeaton, Stewart, Thomson and Chessman. NAYE: Aldermen Michael.and Puttick, No. 595 - City Manager - Re: I.C.M.A. Conference. The report provides information on the proceedings of the annual conference of the International City Management Association held in ~o~onto from September 26th to 30th. The City Munagerpprovided additional information in response to several questions raised by Alderman Puttick. ORDERED on the motion of Alderman Michael, seconded by Alderman Fern, that the report be received and filed. No. 596 - City Manager - Re: Bramalea Developments Ltd. on Thorold Stone Road. The report recommends approval of a retaining wall scheme for the development along the east limit. ORDERED on the motion of Alderman Crows, seconded by Alderman Fern'. that the report be received and adopted. No. 597 - City Manager - Re: Council Tour. The report advises that arrange- ments are being made to hold a tour of various municipal prdjects on November 6, 1976 to begin at 9:00 s.m. at the Municipal Service Centre. ORDERED on the motion of Alderman Stewart, seconded by Alderman Mann, that the report be received and adopted. No. 598 - City Manager - Re: Parkins Permits for Comnercial Vehicles. The report recemnends that the existing'rate structure Eor parking permits be revised to a fee of $50 for the first vehicle, $10 for the second and $5 for all other vehicles under the same ownership. It is further recommended that the effective date of the new fee structure be January.i, 1977. In response to a question raised by Alderman Michael. the City Manager advised that the average person wishing to Park in a metered area, pays 10~ per hour. Under the existing fee structure, commercial'vehicles pay $10 per year to park fnee~in,metered. areas, and based on a 250 day year, the cost is 4¢ per day for parking. Under the new structure of fees. the cost would be increased to 20¢ per day. while other persons are paying 10¢ per hour. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Michael, that the report be deferred fer, one~.we~k,:,andthhattbhe Projects & Services Engineer be in attendance at the meeting to provide additional information. The motion was Defeated with the following vote| AYE: Aldermen Fare, Mann, Nitheel, Smen~on end Thomson. ..NAYE: Aldermen Crows, Harrigan, O~rBtph~.tiok, gehisler, Stewart and Thomson. It was then moved by Alderman Crows, seconded by Alderman Stewart, that the report be received and adopted. The motion Carried with the following vote: ' Aldermen Crowe, Harrigen, err, Putticks 8chis.lers Smeaton, Stewart, 'FA'~: Thomson sad Cheesmn, N&YB~AldermenFera, Mann end Michael. - 7- No. 599 - City Manager - Re: Gladstone Avenue. The report recommends that Council authorize the Solicitor to prepare a license agreement with Niagara Plumbing Supply Co. Ltd. for the use of the portion of Gladstone Avenue north of the Q.E.W. subject to four conditions. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. No. 600 - City Manager - Re: Safety of Children in Multi-Storey Buildings. The report provides information on the protection of balconies and windows in high rise residential buildings. It is recommended that the City write to the Minister of Housing suggesting that the City would favour greater restrictions on the protection of windows in hig~ r~se residential buildings, and further that when the Province makes such a change to the Ontario Building Code, that the City amend its Minimum Standards By-law accordingly. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. No.6601 - City Clerk - Re: Resolutions from Other Municipalities. 1) City of Burlington - Requesting that the Ministry of Transportation and Communications be petitioned to enact legislation relative to mini bikes, trail bikes and similar vehicles. Recommendation - Receive and file. ~) City of London - Requesting an amendment to existing legislation to exempt certain municipalities having retained the services of professionally qualified Engineers, from the necessity of obtaining approval of ~rovincial authorities for new storm and sanitary sewers. Recommendation - Receive and file. 3) City of 0shawa - Requesting the Ministry of Commercial and Social Services to consider raising the existing ceiling on operating grants to approved Senior Citizen Centres. Reconnendation - That the resolution be endorsed and the appropriate bodies so notified. ~) City of St. Catharines - Regarding Municipal property taxes. Recommendation - Receive and file. 5) Metropolitan Toronto - With reference to financing of public housing at a modest interest rate, not exceeding 6%. Recommendation - Receive and file. 6) City of Windsor - Requesting an increase in the amount of rebate of property taxes or rental payments for ipensioners, etc. Recommendation - That the resolution be endorsed. 7) City of Windsor - Suggesting that a proportion of the income tsx be returned to municipalities as an unconditional grant. Recommendation - Receive and file. A]Alderman Puttick questioned why the interest rate of 6% referred to in the resolution from Metropolitan Toronto was consideredunrealistic. The City Clerk advised that governments cannot-borrow at 6% interest. Alderman Crows pointed out that there are some government programs that subsidize interest rates probably below the rates at which the governments are borrowing. ORDERED on the motion of Alderman Michael, seconded by Alderman Puttick, that the resolution from Metropolitan Toronto be endorsed, and the report, as amended, be received and adopted. No. 602 - Loan Review Committee - Re: Applications for Asssistance. The report recommends approval of one application for ass~ tahoe under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Thomson, seconded by-Alderman Stewart, that the report be received and adopted. No. 603 - City Manager - Re: Building Permits. Breakdown of the permits issued by the Building & Development Department for the month .of-September, 1976. Alderman Crows questioned whether the increased value of permits issued indicated an increase in building in the City or reflected inflationsty trends. His Worship, Mayor Bukator suggested that a report on the matter be prepared for Countills information. ORDERED on the motion of Alderman Mann, seconded by Alderman CrowS, that the report be received and filed. ORDERED 6n the motion of Alderman Crows, seconded by Alderman Stewart, that a report be prepared on the possible effect of inflation on the va:lue of permits issued by the Building & Development Department. -8- No. 604 - City Manager - Re: Municipal Accounts~ The report recommends payment of the municipal accounts. ' The City Marmger provided information on Cheques ~6281, ~6294 and ~6361 in response to questions raised by Alderman Michael and Puttick. ORDERED on the motion of Alderman Schisler, seconded by Alderman Michael, that the report be received and adopted. RESOB~TIONS No. 117 - CROWE - MANN- RESOLVED that the Council of the Corporation of the City of Niagara Falls as approving authority, ~pprove the expropriation of the following lands: All and Singular that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls in the Regional Municipality of Niagara and being composed of all that portions of Lot 12, Block I according to the Z~,-nerman and Oswald Plan for the Town of Niagara Falls, now known as Plan No. 999, and also according to the R.G. Benedict Co. Plan for the Town of Niagara Falls, now known as Plan No. 1000, des ignated as Part 3 on a plan deposited in the Land Registry Office for the Registry Division of Niagara South as 59R-1559; That the Mayor and Clerk be authorized to execute the required Certificate of Approval under The Expropriations Act; That leave be granted to the introduction of the approval end the expropriation by-laws; That the Director of Municipal Works be authorized and directed to prepare a plan or plans showing the lands to be expropriated for registration in the Registry Office pursuant to The Expropriations Act; That the City Clerk be authorized and directed to execute and the City Solicitor be authorized and directed to serve Notice of Expropriation pursuant to The Expropriations Act and such Notice of Possession that may b~erequired to obtain possession of the expropriated-lands; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 118 - MICHAEL - SMEATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that the application of S. Mingle o{or the rezoning of lands situated on the west side of Victoria Avenue, south of Kitchener Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of 'Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Aldernmn Crome, seconded by Alderman Mann, that the following by-law be now read a third and final time: No. 76-'120 - A By-law to authorize the construction of certa in works in the 0 Drummond South Redevelopment Area of the City. Csrried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that leave be granted to'introduce the following by-laws, and the by-laws be read a first time: No. 76-240 - A By-law to approve the expropriation of certain lands for the purpose of the public transportation system operated by the Greater Niagara Transit Commission. No. 76-241 A By-law to acquire certain lands for the purpose of the public transportation system operated by the Greater Niagara Transit Commission. - No. 768242 - A By-law to amend Byglsw No. 5335, 1955, as amended. (S. Mingle, AM-21/76) No. 76;243 No. 76-244 By-law to amend By-law No. 974 (1955) ef the former Village of Chippawn, now in the City of Niagara Falls, as amended, (Berkhout Holdings Condominium) By-law to'provide monies for general purposes. Carried Unanimously - 9 - ORDERED on the motion of Alderman Crowe, seconded by Alderman Schisler, that the following by-laws be now read a second and third time: No. 76-240 - A By-law to approve the expropriation of certain lands for the purpose of the public transportation system operated by the Greater Niagara Transit Commission. No. 76-241 - A By-law to acquire certain lands for the purpose of the public transportation system operated by the Greater Niagara Transit Commission. No. 76-242 - A By-law to amend By-law No. 5335, 1955, as amended. (S. Mingle AM-21/76) No. 76-243 - A By-law to amend By-law No. 974 (1955) of the former Village of Chipp~wa, now in the City of Niagara Falls, as amended. No. 76-244 - A By-law to provide monies for general purposes. Carried U.nanimously NEW BUSINESS ~. A. GREAVES, PLANNING DIRECTOR Members of Council welcomed Mr. A. Greaves, recently appointed to the position of Planning Director, to the Council meeting. PARKING ~TERS - QUEEN STREET It was moved by Alderman Puttick, seconded by Alderman Thomson, that the request of the Downtown Business Association to have parking meters on Queen Street bagged on October 19, 1976 from 1:00 p.m. to 9:00 p.m., be approved. The motion ~grried unanimously. RODENT CONTROL .' Alderman Puttick .advised that he had received .complaints from .residents of a new subdivision located south of Lundy's Lane concerning rodents. It was thought the rodents'could be coming from the former landfill operation, but investigation has proven they are not. In view of the fact that the City discontinued the program of baiting for rodents on private property, the Alderman felt that Council should reconsider the earlier decision. Alderman Thomson further advised that the program cost the City around $2,000 per year, and he felt that the control of rodents in the City wss well worth the expenditure. It was moved by Alderman Puttick, seconded by Alderman Thomson, that a report be prepared on the advisability of re-establishing the City's rodent baiting.program. The motion Carried unanimously. 8EGO WORK EFFECTIVENESS STUDY Alderman Puttick asked when the Work Effectiveness Study would again be discussed by Council. His Worship, Mayor Bukator indicated that the matter may be considered at the next Council meeting. SHRINER'S CREEK PROJECT Alderman Puttick asked when a report would be presented on the cost sharing of thetShriner's Creek project. His Worship, Mayor Bukator advised that the Conservation Authority would have information available by November 15, 1976. RELICOPTERE Alderman Puttick referred to a by-law forwarded to the City from the Mayor of Niagara Falls, New York regarding the operation of helicopters, and asked if the matter would be coming to Council. His Worship, Mayor Bukator advised that the matter had been referred to staff for the preparation of a report. POSSIBLE CITY SEWER CREW Alderman Puttick advised that a private contractor had spoken to him about the installation of sewers on City road allowances. These sewers are - 10 - being installed by private contractors on the City road allowance, and the Alderman felt the City could install these sewers and charge the cost back to the developers. It was moved by Alderman Puttick, seconded by Alderman Michael, that a report be prepared on the advisability of hiring a sewer crew to carry out work presently performed by private contractors. The,~otion Carried unanlmously. EDITORIALS RE: DOWNTOWN AREA Alderman Puttick referred to a number of recent editorials appearing in the local paper, in particular comments in these editorials regarding the Sack ofpp61icing in the Downtown area. The Alderman suggested that both the Downtown Business Association and the Police Commission should be asked to comment on this matter. During the discussion on this matter, several members of Council cowmented on the editorials and the Downtown area. Alderman Smeaton also .expressed concern about policing in the City~ and agreed that the Police Commission should be requested to cormneat on the nu~berfof,~ol~c~apa~r011~ng, in ,the:C~ty. N.IAGARA SQUARE Alderman Thomson advised that he had received calls from local merchants in the City regarding leasing space in the Niagara Square plaza. Apparently, local merchants are experiencing difficulty in trying to get space, as the plaza is trying to lease space to major chain stores..2 The City Manager advised that he would be meeting with representatives of Cambridge later in the week, and would check into the matter. It was moved by Alderman Crowe seconded by Alderman Schisler, that the meeting adjourn.. READ AND ADOPTED, MAYOR THIRTY-SEVENTH MEETING Committee Room ~1 October 25, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, October 25, 1976. All Members of Council were present with the exception of Alderman Michael. His Worship~ Mayor Bukator presided as Chairman. READ AND ADOPTED, MAYOR · 'www,,w ~ Council Chambers October 25, 1976 Council met on Monday, October 25, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Michael° Alderman Fern offered the Opening Prayer. ADOPTION OF MINUTES Aideman Cheesman advised that the item appearing under New Business, entitled "Editorials re: Downtown Area" refers to comments made by Alderman Puttick. The Alderman advised that he had made the con~ents, and suggested that the minutes be corrected accordingly. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the minutes, as corrected, ~er the meeting of October 18, 1976~ be adopted, PRESENTATION OF RETIREI{NT WATCH AND 25 YEAR PINS His Worship, Mayor Bukator presented a retirement watch and 25 year pin to Mr. Luigi Tiesi, anformer Parks Department employee who retired on September 30th, 1976. His Worships Mayor Bukator also presented 25 year pins to Mr. D. Binmonte and Mr. S. Matteucci, both of the Parks Department. PRESENTATION OF COMMEMORATIVE BOOK Mr. David Lewis of the St. Catharines Centennial Committee presented a coEnnemorative book, the "St. Catharines Centennial Book" to His Worship, Mayor Bukator in recognition of the City of St. Catharines' anniversary, and in appreciation for the friendship of the two connnunitiea. The book is inscribed, '~resented to a 8cod nextdoor neighbout, the City of Niagara Falls by 'The Grand Old Lady~, the City of St. Catharines on the occasion of the City's 100th Anniversary Celebration". His Worship, Mayor Bukator expressed the City's deep appreciation for the book, and thanked Mr. Lewis for hie presentation, 'It Was moved by Alderman Smeaton, seconded by Alderman Schisler, that the report regarding the new transitysnbsidy formula be brought forward for consideration at this .time. The motion Carrie____.~d unanimously. REPORT No. 605 - City Manager - Re: New Transit Subs idy Formula. The report provides information on the savings to be realized by the City in using the new transit subsidy formula. Mr. J. McMahon, Manager of the Transit Co~nission provided further explanation' of the new formula, and answered s number of questions raised by members of Council. Following further discussion, it ~as moved by Alderman Crowe, seconded by Alderman Stewart, that the report be received ,i' ,I -2- and filed, and that representatives of the Transit Commission be thanked for attending the meeting and providing the requested information. The motion Carried unanimously. COMMUNICATION No. 171 - Niagara Yransit - Re: Official Opening of Transit Garage. The communication extends an invitation to members oftCouncil and City officials to attend theq~fficial opening of the transit garage on Saturday, October 30, 1976. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson, that the communication be received end filed, and that as many members of Council and staff as possible attend the function. UNFINISHED BUSINESS OPERATION OF NELICOP~RS ~Report No. 606 - City Manager - The report provides information on action taken by the City of Niagara Falls, New York relating to the licensing of helicopters in that City. Also attached is a letter from the Regional Superintendent of Air Regulations making the Department of Transport's position clear. It is recommended that a copy of the report, resolution from the City of Niagara Falls, New York and a copy of the Regional Superintendent of Air R~gulations' cormants be forwarded to Reger Young, M.P., inasmuch as the operation of helicopters remains a matter of Federal Jurisdiction. The special citizens' co~nittee should also be provided with a copy for their records. Alderman Harrigan suggested the only ~ourse of action open to the City would be through an amendment to The Aeronautics Act and Air Navigation Orders assigning specific altitudes over populated areas of the City. The helicopters are presently operating in accordance with Federal regulations, and the only method of resolving the complaints is to have the law changed by the Federal Government. In response to a question raised by Alderman Thomson, the City Clerk advised that Ministry of the Environment officials have confirmed that no municipal or ~rovincial by-law can be made to apply to an operation governed by Federal authorities and therefore, the model municipal noise control by-law could not be used to deal with the complaints. Aldermen Thomson and Chessman suggested the possibility of a public meeting with Department of Transport officials present in order to discuss the problem. Alderman Puttick referred to the fact that New York State au~horities have agreed to consider not renewing the lease of land to a helicopter operator on Goat Island when the existing lease terminates. The Alderman suggested that a similar approach be made to CNRwho leases the land to the helicopter operator in this City. Alderman Marrigan then suggested that a committee of Council make arrangements 'to meet with the Minister of Transport in Ottawa in an attempt to resolve the matter. Aldermen Mar~iBan,'and~!Thomson both indicated an interest in meeting with the Minister of Transport as part of ,the proposed Committee. Hr,.T.'E~an~lin Was,granted p. ermisSion, to,:address Council,on the .metton,~Of Alderman~Themson, seconded by Alderman Smeaton..Mr. Frenk~ia.,,~ expressed doubt that a change in flight patterns or altitudes would~. resolve the, problem, unless the Operation relocated, Mr.:Franklin also felt thatCouncil.coUld bring,more pressure~on the Federal GovernmeDt,. thanthe'citizens',concerned;!and requested Council's support in trying to resolve the problem. Following further discussion, it was moved by Alderman Marrigsn, seconded by Alderman Thomson, that the report be received and adopted, that a committee of Council meet with the Minister of Transport in Ottawa to discuss remedial action to alleviate the problem, and that all other allied matterS, including the lease of the propert~ with CNR be investigated prior to meetingwith the Minister of Transpovt~ The motion ~prried unanimously. -3- TRUCK TRAFFIC ON FOURTH AVENUE AND PARKING IN THE VICINITY OF THE WHIRLPOOL RAPIDS BRIDGE Report No. 607 - His Worship, Mayor Bukator - The report advises that the firm of Samray Ltd. has expressed an interest in creating a truck parking depot in the area of the Whirlpool Rapids Bridge. It is recommended that: 1) The City discontinue its negotiations with CNR relative to the possible leasing of land on the understanding that Samray Ltd. will pick up and continue these negotiations; 2) The Municipality will undertake discussions with representatives of the Niagara Falls Bridge Commission and the Canadian Customs to obtain any approvals necessary to permit transport trucks to enter the proposed truck compound via the lands presently being used for Customs compound purposes; 3) The municipality will request the Regional Municipality of Niagara to impose regulations prohibiting the parking of commercial vehicles on Bridge Street from River Road to Victoria Avenue and that the Regional Niagara Police be asked to enforce such regulations after they are enacted. -, " Alderman Thomson advised that the Province was considering permitting United States carriers to-drive:in Canada for a limit of five or ten miles, and that this matter could have some bearing on the proposal by Samray. Aideman Crowe stated that the firm would take this factor into account, as well as other factors in the area prior to embarking on the venture. The City Clerk read a letter received from Samray Ltd. outlining a number of conditions under which they intend to proceed with the development. Alderman Puttick suggested that the ~ity Solicitor review the matter prior to final approval. ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that the report be received and adopted, that Samray Ltd. provide the City with copies of all material related to the project in the event the proposal does not proceed, and further that all agreements be subject to review by the City Solicitor. SHIPMENT OF HAZARDOUS MATERIALS Report No. 608 - City Manager - The report advises that a meeting has been arranged with representatives of the Canadian Transport Commission, Conrail and CNR to discuss the shipment of hazardous materials by rail. ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton, that the report be received and filed,. and that all interested members of Council attend the meeting. COMMUNICATIONS No. 172 - Optimist Club - Re: Youth Appreciation Week. The communication requests that the weak of November 7 - 13, 1976, be proclaimed Youth - Appreciation Week. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the request be approved subject to the established policy on proclamations. No. i73 - Ministry of Housing - Re: Ontario Home Renewal Program (Rental). The communication provides information on the recently announced Ontario Home Renewal Program (Rental). ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the communication be received and filed, and the appropriate resolution ~uthorizing application under the Program be passed. See Resolution No. No. 174 - Port Colborne Chamber of Commerce - Re: Fall Dinner Dance. The communication extends an invitation td members of Council to attend the forthcoming fall dinner dance on November 3, 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the communication be received and filed, and as many members of Council as possible attend. REPORTS No. 609 - City Manager - Re: Group Co-Operative Fuel Oil Heating Tender 1976-77. The report recommends that the low tender submitted by Shell Oil Company ~e accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that ,the report be received and adopted. See Resolution..Ng.~ 119 -4- No. 610 - City Manager - Re: Purchase of New Equipment. The report recommends the purchase of various pieces of equipment from the following firms: l) Autoland Chrysler; 2) Jim Blair Motors; 3) Keenan Motors~ 4) Archer,Truck Services; and 5) SMI Industries. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. See Resolution No. 120 No. 611 - City Manager - Re: Effect of Inflation on Building Permit Estimated Value. The report provides information on the effect of inflation as related to the estimated value of permits issued by the Building & Development Dept. Alderman Puttick asked if the increase in building in the City reflected an increase in assessment. The City Manager advised that information was now being compiled for a report on the value of assessment in the City, and would be submitted in November. ORDERED on the motion of Alderman Crowe, seconded by Alderman Fera, that the report be received and adopted. No. 612 - City Manager - Re: MaLeod Road Reconstruction, Watermain and Sewermain. The report recommends that the following works be undertaken in conjunction with the M~Leod Road reconstruction by the Region: 1) That City forces be authorized to install a 12" diameter watermain on MaLeod Road from Dell Avenue to Drummond Road; and 2) That the Region's contractor be authorized to install approx4m~tely 15' of 10" diameter sanitary sewer from MaLeod Road to the south street line of McLeod Road for future servicing 6f the Kingsview Subdivision. This item will be financed using Expansion and Renewal funds, which will be recovered when the subdivision is processed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the report be received and adopted. No. 613 - City Manager - Re: Screening Jack Bell Arena. The report recommends that the quotation of Crystaplex Plastics Limited for the supply of plexiglass screening at the Jack Bell Arena be accepted. ' " In response to a question rsised by Alderman Smeaton, the City Manager advised that monies for this work were to be used for heaters at the Arena, but due to the safety hazard involved, it was felt the monies should be spent on the protective screening. Monies for the heaters will be placed in next year's budget. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. See Resolution No. 121 No. 614 - City Manager - Re: Draexlmaier Estates Ltd. The report provides information on the new German industry which is constructing a plant in the Falls Industrial Park. ORDERED on the motion of Alderman Puttick, seconded by Alderman Harrigan, that the report be received and filed. NOTE: Alderman Crows declared a conflict of interest and abstained from voting on this matter. No. 615 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann, that the report be received and adopted. · · RES 0LUT IONS No. k19 - MANN - FERA - REBOLVED that the low tender submitted by Shell Oil Company in the amount of $.3591 per gallon for the supply of fuel oil heating, be accepted; AND the Seal of the Corporation be hereto affixed, Carried Unanimously No, 120 - THOMSON - SCHISLER - RESOLVED that the followin~ tenderss.~o~,the supply 'of equipment be accepted :' Item ~1 - 1 Crew Cab Utility, 10,000 GVW - Autolsnd Chryslel: -. $~,356.70 Item #2 - I Utility Truck, 10,000 ~ - Jim Blair Motors - 7,463.25 item ~3 - 2 Reversible Dump 25,500 GVW - Keenan Motors - 3e,679.88 Item ~4 - 1 Truck Chassis, 25,500 GW - Keenan Motors - 9,353.94 Item #5 - 2 Tru~kuChsssis 32,000.GVW - Archer Truck Services - 32,089.30 Item ~6 - 2'20 Co. Yd. Refuse Packer Units - 8MI Industries - 22,930.10 ; AND the ,gaol of the Corporation be hereto affixed. Carried UnanimouslY. -5 - No. 121 - PUTTICK - ORR - RESOLVED that the quotation of Crystaplex Plastics Ltd. for the supply of plexiglass screening at the 3ack Bell Arena, in the -amount of $5,029.67, be accepted; AND the Seal of the Corporation be!~hereto affixed. CCarried Unanimously No. 122 - CROWE - THOMSON - RESOLVED that staff of the City of Niagara Falls be authorized to make application to the Ministry of Housing for funds under the Ontario Home Renewal Program (Rental); AND the Seal of the Corporation Be hereto affixed. Carried Unanimously BY- LAWS ORDERED on the motion of AldernmnMann, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 76-245 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-41/73) Bambi Estates) No. 76-246 - A By-law to amend By-law No. 72-132, being a By-law to provide for the use of parking meters on streets. (St. Clair Avenue from Huron to Morrison) No. 76-247 - A By-law to provide monies for general purposes. Carried Unangmously ORDERED on the motion of Aldernmn Thorason, seconded by Aldernmn Mann, that the following by-laws be now read a second and third time: No. 76-245 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (~hM-41/73, Bambi Estates) No. 76-246 - A By-law to amend By-law No. 72-132, being a By-law to provide for the use of parking meters on streets. (St. Clair Avenue from Huron to Morrison) No. 76-247 - A By-law to provide moniesf~or general purposes. Carried Unanimously NEW BUSINESS PIETRANGELO PROPOSAL His Worship, Mayor Bukator thanked'Regional Councillor Keighan for his assistance in processing the pietrangelo application through the Regional Planning & Development Committee recently. COP~NTS OF REGIONAL COUNCILLOR REIGNAN Regional Councillor Keighan advised members of City Council that he would not be seeking re-election to Regional Council in the upcoming municipal election. Mr. Keighan thanked the public and City Council for their support, and indicated his support for any person wishing to be elected to Regional Council. INCREASE IN POSTAGE RATES Alderman Thomson referred to the recent increase in postage rates, and the resulting increase in costs to the City in mailing water bills and tax bills. The Alderman further advised that he had spoken to the Treasury Department about this matter, and consideration was being given to the possibility of including both bills in one mailing in order to save costs. Alderman Thomson requested that once the matter had been considered, that the results of the study be brought to Council. ASSISTANCE IN BEATING PROBLEMS Aldermen Thomson referred to a recent problem experienced by s citizen whose gas had been turned off due to lack of payment of a bill, and the assistance offered by the Mayor in the matter. The Alderman suggested the possibility of establishing a fund to assist in such matters, particularly when children are involved in an unheated home. Both Aldermen Crows and Puttick felt that such a fund could be abused, and Aldermen Crows pointed out that in cases of emergencies, some individual is usually willing to step forward and offer assistance. POLICE PROTECTION - DRUMMOND ROAD Alderman Cheesman referred to arecent connunication from the Region regarding the possibility of signalizing the intersection of Drummond Road and Burdarts Drive. According to the Region, installation of signals is not warranted at this time, however a resident living on the corner of Dr-mmond and Burdarts feeIs differently. The resident has witnessed children knocked off their bicycles, and in one instance, a car was driven through his hedge. The resident felt there was a different level of police protection along Dorchester Road than Dr,~mond Road. Alderman Chessman suggested that the Police Coua~ission be requested to provide closer supervision of this particular section of Drunmond Road. YOUTH IN GOVERNMENT DEBATE Aldermen Chessman reminded members of Council of the Youth in GOvernment debate to be held on October 27, 1976 at 7:30 p.m. in the Council Chambers. LIGHTS - SODOM ROAD INTERCHANGE Alderman StewaFt asked what had happened to the lights on the Sodom Road overpass. The Director of Municipal Works advised that Regional Council had approved their share of the cost of the work, and'the lights would be installed shortly. POLICE PROTECTION - SOUTH END OF TItlE CITY Aldermen Schisler advised that a ne&ghbour of his had called the Regional Police recently, and after forty-five minutes, no police had arrived. The Alderman advised that it was his understanding that units from the Welland detachment would handle calls if the Niagara Falls . detachment could not respond. It was moved by Alderman Schisler, seconded by Alderman Smeaton, that the matter be brought to the attention of the th Regional Police with the request that police supervis ion in t e south end of the City be improved. The ~ot!qn Carried unanimously. It was moved by Alderman Cheesman, seconded by Alderman Crowe, that the meeting adjourn. HEAD AND ADOPTED, , ?, THIRTY-EIGHTH MEETING 1976. Committee Room ~1 November 1, 1976 Council met in Committee of the Whole at 7:00 p.m. on Monday, November 1, All Members of Council were present. Alderman Mann presided as Chairman. Following consideration of She items presented, the Conmittee of the Whole arose without reporting. READ AND ADOPTED, MAYOR Council Chambers November 1, 1976 Council met on Monday, November 1, 1976 at 7:30 pn~. for the purpose of considering general business. All Members of Council were present. Aldermen Marrigan offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson, that the minutes of the meeting of October 25, 1976, be adopted as printed. DEPUTATION NIAOABA FALLS KINSMN CLUB PROPOSAL Report No. 616 - Recreation Commission - The report advises of a proposal by the Nisgara Falls Kinsmen Club for development of a park and community centre on property north of McLeod Road between the new and old Montrose Road. The Commission has endorsed the proposal in principle, and is referring the matter to City Council for consideration. Mr. D. Elliott of the Niagara Falls Kinsmen Club was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Stewart. A slide presentation was made on the proposal, which will consist of a community hall, picnic area, creative playground, action walkway, tennis court and toboggan run and other facilities. Development will take place in stages. The Director of Recreation advised that the Kinsmen Club has requested assistance from the City in supplying fill and heavy equipment to prepare the land. Although the Club is not requesting funds from the City, assistance is requested in approaching various government bodies to obtain funding. As the land is City owned, the Club is requesting approval in principle for the proposed use of the land. In response to couaaents made by Alderman Crows and Puttick, the City Manager advised thata~pproval in principle will allow work to proceed on a final plan and cost estimates involved, An agreement will be necessary between the City and the Kinsmen Club, however all details on costs, servicing and the legal aspects will be presented to Council prior to approval of the agreement. Following further discuss ion, it was moved by Alderman Thomson, seconded by Alderman Mann, that Council endorse in principle the concept of recreational facilities at the northwest corner of McLeod and Montrose Roads as proposed by the Niagara Falls Kinsmen Club. The motion Carriefi. unanimously. UNFINISHED BUSINESS RAIL SRIPI~NT OF HAZARDOUS MATERIALS Report No. 617 - Alderman Smeaton - The report advises of information received during the meeting held on October 27, 1976, with representatives of the - 2- Canadian Transport Commission, Canadian National Railways and Conrail regarding the rail shipment of haeardous materials. It is recommended that the report be received and filed, and that representatives of the Canadian Transport Commission, Canadian National Railways and Conrail be thanked for their co-operation. During the discussion on this report, several members of Council commented on the time involved in receiving the requested information and the various levels of government that were approached during that time. Alderman Smeaton advised that precautions are being taken, and present regulations are under constant review by various authorities. Alderman Cheesman suggested that a copy of the report be provided to members of the Railway Relocation Committee for their information. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the report be received and 'filed. COMMUNICATIONS No. 175 - Niagara Fells ProfesSional Fire Fighters, Local 528 - The communica- tion extends an invitation to members of Council to attend the annual Fire Fighter's ball to be held November 19, 1976. ORDERED on the motion of Alderman Michael, seconded by Alderman Fera, that the communication be received and filed, the Association be thanked for the invitation, and as many members as possible attend the function. No. 176 - City of Orillia - Re: Acts of Vandalism and Malicious Damage. The cbmmunication requests endorsation of a resolution recommending changes to the laws and regulations of Canada and the Province with respect to acts of vandalism and malicious damage. During the discussion on the resolution, several members of Council expressed concern over the section of the resolution requiring the courts to deal more severely with acts of vandalism, and the impos ition of restitution orders. Aldermen Crowe and Puttick questioned the severity of penalties, and Alderman Crowe felt the courts required a degree of flexibility to ensure the penalty matched the offante. Alderman Cheesman felt the law should reflect the wishes of the community and that the intent of the resolution was to have the courts deal with the matter in a more forthwtght manner. Alderman Puttick suggested that the resolution be referred to the City Solicitor for his opinion. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Thomson, that the communication be tabled for further information. The motion Carried with the following vote: AYE: Aldermen Crowe, Fern, Rarrigan, Y~chael,: 0r~, :Puttic~, ~meaton Stewart ' and Thomson. ' ' ' NAYE: Aldermen Mann, Schisler and Chee~mnn. No. 177 - Regional Municipality of Niagara - Re: Delegation of Subdivis ion Approval Power. The communication provides information on preliminary discussion of procedures and policies to be used when the Region assumes power of subdivision approval from the Ministry of Mousing, and requests comments of the Alderman Cheesman suggested that members of Council should advise staff of their thinking on the matter while the report is still in the formative stages. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the matter be referred to staff for the preparation of a report for the further consideration of Council. NOTE:. Alderman Crows was absent when the vote was taken on this ms~ter. REPORTS No. 618 - City"Msnsger., Re: Saturday Garbage Collection - Queen Street. The report recommends that garbage collection on Queen Street prior to collection from adjacent areas, be initiated on a trial basis. Alderman Mann referred to the statement in the report that the change could result in someo~ertime st s cost of approximately $35.00 per hour. The Alderman felt that if similar requests were received from other business areas for schedule changes, the resulting costs mould be quite high. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received end adopted. The motion Csrried~ith Alderman Mann votinS .contrary, and all others in fayour. - 3 - No. 619 - City Manager - Re: Progress Report on Public Washrooms. The report makes the following recommendations: 1) That the Sylvia Place market washrooms remain closed except during market hours; 2) That the Park Street market washrooms be open from 6:00 a.m. to 2:00 p.m. for a 3 month trial period, and that small washroom signs be placed; 3) That public washrooms in the Clifton Hill - Centre Street area be given a separate study and septate report at a later date. Alderman Thomson suggested thet the report on washrooms in the Clifton Hill - Centre Street ares be submitted to Council within six weeks. ORDERED on the motion ~f Alderman Thomson, seconded by Alderman Cheesman, that the report be received and adopted. No. 620 ~ City Manager - Re: Debenture Issue Request. The report recommends that the City request the Regional Municipality of Niagara to issue a debenture in accordance with the term and amount set out in the schedule attached for purposes of the Chippawa Public Utilities Conmission. ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that the report be received and adopted. See Resolution No. 123 No. 621 - City Manager - Re: Revenue & Expenditure Statement, January 1 - September 30, 1976. The report provides information on the statement of revenue and expenditure for the nine month period ending September 30, 1976, for tax supported services, water supply system and the parking fund. The City Manager provided an explanation of specific items contained in the report in response to a number of questions raised by members of Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Stewart, that the report be received and filed. No. 622 - City Manager - Re: City's Portion of 36"Watermain on Montrose Road from Lundy~s lane to Charnwond Road (Emma Street). The report recoumends the installation of certain works in conjunction with watermain construction for the Charnwood Subdivision with $1,100 charged to the new hydrant account and $900 for the Bambi Estates Subdivision connection, to be charged to the Expansion & Renewal Fund. ORDERED on the motion of Alderman Crowe, seconded by Alderman Fare, that the report be received and adopted. No.6623 - City Clerk - Re: 1976 Municipal Elections. The report advises that members of Council have been provided with a copy of the 1976 preliminary list of e~eetors, an index to be used in conjunction with the voters list, a map showing polling subdivisions and a copy of the nomination form for the 1976 election. Additional information on the election is also provided. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. No. 624 - City Manager - Re: 1976 Population Figures. The report provides information and statistics relative to the population of the City. The 1976 figure is 69,017 representing an increase of 1,124 persons over the previous year. ORDERED on the motion of Alderman Schis let, seconded by Alderman Harrigan, that the report be received and filed. No. 625 - City Manager - Re: M.T.C., M.O.E. and O.T.C. Training Courses. The report recommends that..app~ication be made. for the attendance of fourteen members of the Municipal Works Department to attend the subject courses, ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the report be received and adopted. No. 626 - City Manager - Re,~ Municipal Accounts. The report recommends payment of municipal accounts. The City Manager provided information on Cheques #6822 and #6864 in response to questions raised by Aldermen Puttick and Michael. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Orr, that the report be received and adopted. NOTE: ~ldermsn Puttick declared a conflict of interest with respect to Cheque ~6872, and abstained from voting thereon, -4- RESOLUTIONS No. 123 - CRONE - STEWART - RESOLVED that the Corporation of the City of Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the term and amount set out in the schedule attached hereto; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ORDERED on the motion of Alderman Crows, seconded by Alderman Mann, that leave be granted to introduce 'the following by-laws, and the by-laws be read a first time: No. 76-248 - A By-law to authorize an agreement with Her Majesty The Queen in Right of Ontario represented by the Minister of Housing. (Drummond South Redevelopment Area) No. 76-249 - A By-law to provide-monies for general purposes. Carried ~ith Alderman Puttick abstaining on a conflictof interest con Cheque ~6872 of By-law No. 76-249, and all others voting in fayour. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the following by-laws be now read a second and third time: No. 76-248 - A By-law to authorize an agreement with Her Majesty The Queen in Right of Ontario represented by the Minister of Housing. (Drummond south Redevelopmeet Area) No. 76-249 . A ByElaw to provide monies for general purposes. Carried with Alderman Puttick abstaining on a conflict of interest on Cheque ~6872 of By-law No. 76-249, and eli othersvvoting in fadour. NEW BUSIM~SS MR. DEV TYAGI, DESIGN & CONSTRUCTION ENGINEER His Worship, Mayor Bukator welcomed Mr. Dev Tyagi and his wife to the Council meeting. Mr. Tyagi has been appointed to the position of Design and Construction Engineer. LETTERS OF INTEREST His Worship, Mayor Bukator referred to three*{etter~of interest that were distributed to members of Council with ageode material. Letters from Mr. Harold Wright, President of the Canadian Olympic Association and Mr. Marcel Dienee were. sent in appreciation to His Worship, Mayor Bukator for his thoughtfulness in the past. Another letter from Fire Chief Thomson commended the Parks Superintendent for an excellent Job in landscaping and beautification of Fire Department properties. RENTAL RATES AT CITY APaN~S Alderman Cheesman advised that under certain circumstances, rental rates for the use of City arenas by various organizations are negotiated. Groups "arranging unusual or infrequent events have negotiated rental rates with Cit~ stale in the past, and as there are no set guidelines, problems have ~ occasionally arisen. The Alderman felt consideration should be given to eSmblishin8 some type of guideline or procedure to be followed when circumstances warrant negotiated rates. The Director of Municips 1 Works advised .that organizations holding fund raising events have naSotiatdd -5 - rates in order to raise more money for a specific cause. The Director of Municipal Works felt that Council should be advised in such situations, and that guidance from Council should be obtained on this matter. It was moved by Alderman Cheesman, seconded by Alderman Schisler, that staff be instructed to prepare a report on the matter of establishing basic guidelines in the area of negotiable rental rates for City arenas. The motion Cabtried unanimously. UNITED WAY FUNCTIONS Alderman Chessman advised members of Council of two up-coming events scheduled by the United Way, All proceeds from the events:will go to the United~Way fund. POSSIBLE CITY SEWER CREWW Alderman Puttick asked when the report on the advisability of retaining a sewer crew to carry out work now performed by private contractors, would be available. The Maintenance & Operations Engineer advised that the report would be submitted at the next Council meeting. POLICE PROTECTION - CITY OF NIAGARA FALLS Alderman Fera referred to a recent article appearing in the local press regarding a "night of terror" in the City. The article made reference to a number of crimes that occurred one evening, and the Alderman felt this was a clear indication of the increase interims in the community. Alderman Fern requested that the Board of Commissioners of Police be adked to provide information on the two police per cruiser arrangement. Alderman Thomson provided the following saatistics relating to crime in the City: In 1974, there was an 18% increase in crime in the City. In 1975, with the return of Superintendent Wilson to the City, the increase was 2%, the lowestidnthhe Region. In 1976, crime is down 6X over the same period in 1975, and the clearance rate of 33.4% is higher than the national average of 32%. The Chief pf Police had recommended the hiring of 112 new officers. This figure was reduced to 24 by the Board of Commissioners of Police, and reduced to zero by Regional Council. The cost of providing 100 additional officers in the Region would be approximately $6.00 per capita. Aideman Thomson pointed out that while the crime rate was serious, it was not as badass other places in the Region, and he felt Council should go on record as wanting more police when the new budget is set. Alderman ~eesmsn referred to a recent meeting, when he had suggested that comments should be obtained from the police and the Downtown merchants on the question of crime in the City. Council hadnnet officially r~quested thisidnformation, however the newspaper had published the comments of a number of Queen Street merchants on the problem. A~derman Puttick pointed out that the information Alderman Thomson had provided was available to all members of Council. The Alderman also stated that a number of Downtown merchants had been reluctant to comment to .the press on the problem, possibly due to resulting bad phblicity, Alderman err advised that in talking with a number of merchants. he had been told the crime problem was not that serious, but that the matter had become a p~litical issue. Alderman Crowe stated that if more police protection,~was wanted, the cost would have to be paid, otherwise it was useless to complain about the problem. Alderman Stewart referred to diffict~S he was experiencing in having summonses delivered by the police, due to a shortage of manpower. Alderman Michael commented on the fact that, in many cases, criminals were back on the streets before the police are back on duty after giving evidence in court. Alderman Michael also agreed that the crime rate was not as serious as in other cities ofco~wnpar~ble.size... Aldermsn Smeaton felt that priorities have become mixed up, there are Eunds for recreations1 facilities but not for adequate police protection. Since Regishal Council controls police expenditures, the problem must be considered at that level. Alderman HarriSan felt that a Joint meeting should be held with the Board,.of Commissioners of Police to determine how the situation should be handled. Alderman Thomson advised that the Downtown Board of Management had requested a meeting with the Board of Con~nissioners of Police, and suggested that the meeting be held Jointly with representatives of the Downtown Board of Managements Council and the Board of Con~nissioners of Police. Alderman Mann felt that the discussion should not be limited to just bus inesses located in the Downtown area, as the problem oftcrime was of concern to the entire City. Following further discussion, it was moved by Alderman Harrigan, seconded by Alderman Thomson, that a joint meeting be arranged between representatives of City Council, the Board of Commissioners of Police and the Downtown Board of Management to discuss the matter pf police protection in the City of Niagara Falls. The motion Carried with Alderman Mann voting contrary, and all others in fayour. It was then moved by Alderman Fera, seconded by Alderman Orr, that the Board of Commissioners of Police be requested to supply the following information: 1) Are two police per cruiser always necessary, and if so, why? 2) Is the two police per cruiser arrangement a permanent condition of the contract, or a matter which san be negotiated? The motion was Defeated with the following vote: AYE: Aldermen Fera, Michael, Orr and Schisler. NAYE: Aldermen Crows, HatriSen, Mann, Patrick, Smeaton, Stewart, Thomson and Chessman. [SSAGE OF CONDOLENCE It was moved by Alderman Puttick, seconded by Alderman Thomson, that s message of condolence be sent to Alderman Michael's family on the passing of his father-in-law. The motion Carried unanimously. STREET LIGHT .- DELLPARK DRIVE Alderman Thomson advised that a resident living near the end of Dellpark Drive adjacent to the hydro right-of-way, had experienced three break-ins; and had requested that a street light be installed at this end of the street to illuminate the area and hopefully reduce the number of break-ins. It was moved by Alderman Thomson, seconded by Alderman l~chael, that a street light be installed at the end of Dellpark Drive~ adjacent to-the Hydro right-of-way. 'The motlos Carried unanimously. DEPUTY PIANNING DIRECTOR The City Manager advised that Mr. C. farsen, Deputy Planning Director had aebmitted his resignation, to be effective November 5, 1976. The City Manager also advised that Mr. farsen had done a good JOb during his term of employment with the City. ~ RES OLUT ION No. 124 - ORR - FERA - RESOLVED that Alderman 8 .W. Thomson be appointed Acting Mayor during the absence of His Worship, Mayor Bukator, for the period of No.vembQr 3 -6, 1976; AND the Seal of the Corporation be hereto affixed. Carried Unanimously It was moved by Alderman Crows, seconded by Alderman Stewa=t,. that the .m~eting adjourn. EEAD AND-ADOPTED, . . MAYOR. THIRTY-NINTH MEETING Committee Room #1 November 8, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monday, November 8, 1976. All Members of Council were present, with the exception of Aldermen Michael and Smeaton. His Worship, Mayor Bukator presided as Chairman. Following cons ideration of the items 'presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, CLERK ~YOR Council Chambers November 8, 1976 Council met on Monday, November 8, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Aldermen Michael and Smeaton. Alderman Harrigan offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the minutes of the meeting of November 1, 1976, be adopted as printed. UNFINISHED BUSINESS TENDERS ON HOUCK PARK GAS COLLECTOR SYSTEM Report No. 627 - City Manager - The report advises that four tenders were received on the Houck Park gas collector system, two tenders based on the use of ABS pipe as specified, one tender based on the use of ABS pipe with a reservation of using PVC pipe, and one based on the use of PVC pipe. The consultant has confirmed that the use of PVC pipe would be acceptable, and would result in sav~ngs to the City. As prices based on the use of ABS pipe are considerably higher than the consultant's estimate, and the tender received based on the use of PVC pipe wase not in accordance with contract specifications, six possible options are offered for Council's consideration. The Director of Municipal Works advised that he could not recommend any=of the six options, but a seventh option was now available, and could be recommended to Council. This option provides that the contract will be retendered based on the use of PVC pipe/by those:firms previously submitting bids;.that the tender submitted by L. cW~lter & Sons Excavating Ltd. remain a fixed bid, and the tender deposit cheque submitted by L. Walter & Sons Excavating Ltd. be retained. In response to a question raised by Alderman Mann, the Director of Municipal Works confirmed that Mr. Waltere would be allowed to submit another bid in addition to the bid that would remain fixed. It was moved by Alderman Mann, seconded by Alderman Crowe, that Mr. L. Walters be granted permission to address Council. The motion Carrie~ with Aldermsn Cheesmsn voting contrary. Mr. Walters advised that this seventh option was acceptsbit to him. Alderman Puttick felt that the consultant should not charge the City a fee for reviewing the new tenders, as he had given the information out to FE. Walters on the use of PVC pipe, which was not specified in the contract. The Director of Municipal Works advised that this point would be put very strongly to the consultant. Following further discussion, it was m~ved by Aldermsn Thomson, seconded by Alderman Orr, that the report be received and filed, that the contract be -2- be retendered based on the use of PVC pipe by those firms previously submitting bids; that the tender submitted by L. Welter & Sons Excavating Ltd. remain a fixed bid, and the tender deposit cheque ~ubmwit~ed by L. Walter & Sons Excava- ting Ltd. be retained. The motion Carried with the following vote: AYE: Aldermen Crows, Fare, HatriSen, Mann, Orr, Stewart, Thomson and Chessman. NAYE: Aldermen Puttick and Schisler. COMMUNICATIONS No. 178 - Bell Canada - Re: Request for Increase in Rates. The communication provides information on the requested increase in rates. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the communication be received and filed. REPORTS No. 628-- City Solicitor - Re: Sale of Former Police Building to Dr. Afrukhteh. The report .requests Council to establish the interest rate for the mortgage on the sale of the former police building to Dr. Afrukhteh, 8~%or 10%% per annum. The by-law authorizing the sale of the property may be given three readings and passed. In response to a question raised by Alderman Thomson, the Assistant City Solicitor advised that the property would revert back to the City any time during the ten year period if the building is not used as a fine arts gallery. The purpose of this clause in the by-law is to ensure that the property is ~sed as a fine arts gallery. Aldermen Puttick and Cheesman suggested that the property should be offered to other individuals or groups for use. Alderman Puttick further suggested that some individual might wish to purchase the property outright, and the City would be able to derive taxes on the property. The City Manager advised that the property had been offered to all organizations in the City, and no interest in the property had been expressed. Alderman Crows also pointed out that Dr. Afrukhteh would improve the building, it would be preserved for its historical significance, and after a ten year period, the property would revert back to the City. Following further discussion, it was moved by Alderman Crows, seconded by Alderman Thomson, that the interest rate on the mortgage be set at 8%7o per annum, and that the appropriate by-law be given the necessary readings. · The motion Carried with Alderman Puttick voting contrary, and Alderman Harrigan .abstaining. See By-law No. 76-250 No. 629 - City Manager - Re: Rental of Snow Removal Equipme~t~ The report recommends that tenders submitted by Symes-Towers Paving, Dicon Contracting and Modern Crane for rental of trucks be accepted, with the proviso that the units are operational and available when called out and are capable of performing the work required. It is further recommended that any additional equipment, especially front end-loaders, necessary and available be rented at the hourly rates for construction equipment previously approved by Council, or at a negotiated price if necessary. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that th~_.report be'received and adopted. See Resolution No. 125 No. 630 - City Manager - Re: New Sewer Crew. The report provides information on the advisability of hiring a crew to install sewer laterals on city road allowances, which is now carried out by private contractors. Due to. cost factors, and the fact that the crew would not be used on a full-time basis, it is recousaended that the existing procedure of private contractors-doing this Work be continued. During the discussion on this item, Alderman Puttick suggested the possibility of renting the equipment to perform the work rather than purchasing the equipment. The Alderman also suggested that partselms employees normally laid off in the Fall could be kept on, and used in other departments when the workload was light. Inrresponse to a question raised by Aldermen Puttick, the Maintenance & Operations Engineer advised that he had not contacted other municipalities to determine .the procedure used in installing sewer laterals on road allowances. Alderman Puttick rcquested that this informstion be obtained. ORDERED on the motion of Aldermen Schisler, seconded by Alderman Puttick, that the report be received and adopted. -3 - No. 631 - City Manager - Re: 1976 Local Improvement Program. The report advises that as a result of publication of the proposed program, sufficiently signed petitions were received in objection to works proposed on Coholan Street and Jolley Crescent. It is recommended that Item 7 (Coholan Street) and Item 10 (Jolley Crescent) be deleted from the By-law, and application be made to the Ontario Municipal Board for approval of the remaining work. ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that the report be received and adopted. No. 632 - City Manager - Re: Proposed Plan of Subdivision, Drummond Park Village. The report reconmnends preliminary approval of the proposed plan subject to ten conditions. The Director of Municipal Works provided information in response to questions raised by Aldermen Chessman and Puttick. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the .report be received a~d adopted. See Resolution No. 126 No. 633 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Crows, seconded by Alderman Fera, that the report be received and adopted. No. 634 - His Worship, Mayor Bukator - Re: Lot 51, Falls Industrial Park. The report advises that Mr. G. Engstler, owner of a large Germany company in the metal bonding industry, has signed a form requesting a three month reservation on Lot 51 in the Falls Industrial Park. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and filed. RESOLUTIONS No. 125 - THO~BON - MANN - RESOLVED that the following tendered prices for the rental of snow removal equipment be accepted: 1) Symes-Towers Paving - $34.50 per hr. 2) D~con Contracting - $34.80 per hr. 3) Modern Crane - $35.00 per hr. ~AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 126 - CROWE - ORR - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that the application of Ten Partners :Development Ltd. for the development of approximately 90 acres.of property located on the south side of McLeod Road and east side of Drummond Road, will conform to Official Plan Amendment No. 28' of the Niagara Palls Planning Area, once Amendment No. 84 has been approved by the Minister of Homing; AND the Seal 'of the Corporation be hereto-affixed. Carried Unanimou.slZ No. 127 - THOM~0N - FERA - RESOLVED that a message of condolence be sent to the family of the late Mr. Simeon Corfield, a f~rmer alderman and member of Council in the Municipality; AND the Seal of the Corporation be hereto affixed. · . Carried Unanimously BY-lAWS ORDERED on the motion of Alderman Crows, seconded by Alderman Fera, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 76-250 - A By-law to authorize the sale of the former police bullding~ (Dr. Afrukhteh) No. ~6-251 - A By-law to provide monies for general purposes. Carried with Alderman Harrigan abstaining on By-law No. 76-250, Alderman Puttick voting contrary on By-law No. 76-250, and all others in layout. ,, -4- ORDERED on the motion of Alderman Fera, seconded by Alderman Mann, that the following by-laws be now read a second and third time: No. 76-250 - A By-law to authorize the sale of the former police building. (Dr. Afrukhteh) No. 76-251 - A By-law to provide monies for general purposes. NEW BUSINESS Carried with Alderman Harrigan abstaining on By-law No. 76-250} ' Alderman Puttick!voting contrary on By-law No. 76-250, and a~ others in fayour. CHRISTMAS GREETINGS His Worship, Mayor Bukator advised that the City had received the first Christmas card of the season from Mrs. M.V. Nichols. ITEMS OF INTEREST His Worship, Mayor Bukator directed Council's attention to several letters included in agenda material. One letter was from the general manager of the Sheraton-Brock commending the Fire Chief for assistance ~iven by members of the Fire Department following a recent fire. Another letter was from the Chamber of Commerce extending an invitation to attend a Chamber Meeting on November 18 regarding property tax reform in Ontario. EXTENSION OF TAD STREET Alderman Thomson referred to a letter he had received from residents in the area of the proposed Charnwood Subdivision requesting that Tad Street which ended in a cul-de-sac, not be extended into the new subdivision. This matter had been referred to staff, and the Alderman stated that he had received severals calls~recently advising that the street was now being extended through the cul-de-sac into the new subdivision. The Director of Municipal Works advised that the road did not end in a cul-de-sac~ but'a one foot reserve which was lifted when the subdivision lands were developed. It was further advised that this street will be themmajor road through the subdivision. His Worship, Mayor Bukator advised that he had written .to one of the residentsx~ho had raised the question and had explained why the street was being extended. The Mayor indicated that a copy of this letter would be made available 'to Alderman Thomson. It was moved by Alderman Crows, seconded by Alderman Puttick, that the meeting adjourn. READ AND ADOPTED, ,. .MAYOR / m FORTIETH MEETING REGUI1AR ~JlTiNG Council Chambers November 15, 1976 Council met on Monday, November 15, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. Alderman Mann offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick requested that Council reconsider the sale of the former police building prior to the signing of the formal agreement on the proposed use as an art gallery. The Alderman felt that a better price could be obtained for the property, and suggested that a survey be made of the two blocks on Zimmerman Avenue in order to determine a more realistic value for the former police building property. This suggestion was not made in the form of a motions and was not seconded. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the minutes of the meeting of November 8, 1976, be adopted as printed. COFR~JNICATIONS No. 179 - Business & Industrial Growth Dept., Chamber of Commerce - Re: Lot 30, Falls Industrial Park. The communication requests approval of the change in name and ownership of Lot 30, Falls Industrial Park. The new firm name will be Niagara Macaroni & Foods Ltd. Mr. C. Pare of the Chamber of Commerce provided information on this matter in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that a~proval be granted to the change in name and ownership of Lot 30, subject to the new owner agreeing to abide by all existing covenants imposed on the present owner, and further that the City Solicitor be authorized to prepare the necessary documents. No. 180 - MinisteN ofq~ransportation & Communications - Re: Railway Relocation Studies~ The communication advises that the Federal Government has now committed itself to new programs using funds from the Railway Ralocation and Crossing Act, and that at this time, no further studies of rail will be done in Canada. It is further advised that the Province will continue to press for the five pilot railway studies. His Worship, Mayor Bukator requested that Council authorize him to meet with the Mayors of the other four cities involved in railway relocation studies in an effort to have the Federal Government reconsider its position. 'ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that His Worship, Mayor Bukator be authorized to meet with the Mayors of North Bay, St. Thomas, Brantford and Sarnia in an attempt to have the Federal Government reconsider its position regarding railway relochtion studies, and further that the communication be recet, ed and flied. No. 181 - Niagara R~gionsl Board of C~lssioners of Police - Ra: Meeting Date. The communication advises that an appointment has been made for members of City Council to attend a meeting of the Niagara Regional Board of Commissioners of Police on November 23s 1976 at 10:00 a.m. Alderman Fera expressed concern that the meeting was arranged during working hours, as it was difficult for members of Council to attend meetings during the day. He suggested that the meeting be re-arranged and held during evening hours. ORDERED on the motion of Alderman Michael, seconded by Alderman Chessman, that the Niagara Regional Board of Commissioners of Police be requested to re-schedule the meeting during evening hours. No. 182 - Young Women's Christian Association - Re: Alcohol Abuse. The communication outlines four recoenendations of the Y.W.C.A. regarding alcohol abuse as it affects the City~s youth~ It is also advised that a film on this subject will be shown in February of next year. - 2 - Alderman Thomson stated that while m~mhers of Council shared the concerns raised by the Y.W.G.A., there was some question as to what action the Y.W.C.A. wished Council to take. The Alderman suggested that the Y.W.C.A. be contacted to determine what action is requested of Council, and if endorsement of the four recommendations outlined in the letter would be appropriate action at this time. ORDERED on the motion of Alderman Thomson, seconded by AldernmnMann, that the Y.W.C.A. be contacted to determine what action they wish City Council to take on the matter. REPORTS No. 635 - Planning & Development Committee - Re: AM-27/76, H. Salfi & L. Rea 5583 Ontario Avenue. The Co~nittee recommends that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. Further that Council approve the application subject to Development Control, the advice of the City Solicitor for a site plan to include a right-of-way over Lot 15 to service Lot 14, the proposed garage renovation for the beauty salen having a re, tdential appearance, and the zoning change limiting the use to a beauty .salon. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the reconnendations of the Planning & Development Committee be adopted. See Resolution No. 128 See By-law Ne. 76-253 N~.'636 - City Manager - Re: Appointment of Deputy Director Of Recreation. The report advises that Mr. John MacDonald has been appointed to the pos ition of Deputy Director of Recreation at a starting salary of $16s290'with duties to connnence on November 29, 1976. In response to a question raised by Alderman Michael, Alderman Schisler advised that the Recreation Commission had recommended the appointment to the Personnel Officer and City Manager. Alderman Thomson also advised that it was within the City.Man,germs authority to make appointments under the level of department head. ORDERED on the:m~tion of Alderman Michael, seconded by.Alderman Schisler, that the report be received and filed. No. 637 - City Manager = Re: Capital Budget Projects. The report recommends passage of a number of by-laWs authorizing works which were included in the Capital Budget for 1976, The following projects are included lathe by-laws: Road Projects - Churchill Street, Cadham Street and Brant Avenue. Storm Sewers - 48" diameter storm sewer on Brooks Crescent, storm.sewers on McLeod Read between Dr--.nond Road and Stanley Avenue. Sanitary Sewers - Sanitary sewer on taledeals Street from Dunn Street to Dorchester Road. -.Watermains - Watermain on Murray Hill from the Penn Central overpass to provide an interconnection of watermains in Queeu Victoria Park and Murray Hill, watermain on Main Street from WtllouShby Drive to 8ndom Road, watermain on Kalar~Roe4 from McLend Road to the south limit of the We,tweed II Subdivision. Falls. Industrial Park Extension - Installation of storm sewers, sanitary sewers watermaine and base road construction on Kister Road from Murie Street to the north limit of R.P. 243. ORDERED on the motion of Alderman Thomson~ seconded.by Aldernmn Smeaton, that the report be received and adepted~ See Byelaws 76-255 to 76-265 No. 638 - City Manager - Re: Lease of Vacant Property, North Side Of Park Street. The report recommends that Mr. T.E. Harkhess Jr. be permitted to lease the land at 4465 Park Street for a sum of $15.00 per month, payable in advance. Alderman Crows felt that the rate of $15.00 per month was not comparable with other rates charged in the area, and augSeated the possibility of increasing the rate. The City Clerk pointed out that the ~arcel of lend was small in size,.and it was questionable whether the City could make use of it. The Clerk also advised that the land backs on to the railway riSht-0f-wey,,and the rate of $15.00 per month would,produce,more revenue per year then property tax. -3 - Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Crows, that the report be tabled for further investigation on other uses of the property. The motion was Defeated with the following vote: AYE: Aldermen Crowe, Harrigan, err, Puttick and Schisler. NAYE: Aldermen Fera, Mann, Michael, Smeaton, Stewart, Thomson and Cheesnmn. The City Clerk then suggested that the property could be leased on a month-to-month basis, and staff could investigate the possibility of obtaining more money for the property. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fare, that the report be received and adopted, subject to the property being leased on a month-to-month basis. No. 639 - City Manager - Re: Licensing of Exhibits and Amusement Places - Consolidated Licensing By-law. The report recommends that a uniform fee of . $25.00 per annum be established for both exhibitions and amusement places. If this recommendation is acceptable, an appropriate by-law amending the fee schedule of the Consolidated Licensing By-law will be presented at the next meeting. In response to a question raised by Alderman Cheesman, the City Clerk advised that art exhibits, such as the Janflails Gallery, ~ennot licensed, but do pay a business tax. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the report be received and adopted. No. 640 - City Manager - Re: 1977 N.I.P. Ryerson-Market Area. The report recommends passage of a resolution and by-law designating the Ryerson-Market area as the 1977 N.I.P. area for the City of Niagara Falls. ORDERED on the motion of Alderman Mann, seconded by Alderman Crows, that the report be received and adopted. See Resolution No. ,130 See By-law No. 76-254 No. 641 - City Manager - Re: Downtown Revitalization. The report advises that under the Downtown Revitalizerich Program, applications will only be processed by the Province where plans are completed and have reached a stage when the exact s ire 'and type of building with its use are established. It is reconn~ended that a resolution be passed stating the:City's intent to participate in the program in the future. In response to a question raised by Alderman Cheesmsn, the Director of Municipal Works advised that the City was not at the stage where final plans are available ~s well as a private developer to carry out the project. The intent of the resolution is to confirm the City's interest to participate in the future. ORDERED on the motion of Alderman MiChael~ seconded by Alderman Stewart, that the report be received and adopted. See Resolution No. 129 No. 642 - City Manager - Re: Building Permits. Brehkdown of permits issued by the Building & Development Department for the month of October, 1976. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the report be received and filed. No. 643 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The Director of Municipal Works provided information on Cheque ~7202 in response to a question raised by Alderman Chessman. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the report be received and adopted. RESOLUTIONS No. 128 - MANN - THONSON - REEODVED that the Council of the Corporation of · the City of NiaSara Falls hereby certifies that the application of H, Salfi and L. Rea for the razeninE of Lots 14 and Part 15, Plan 41, 5583 Ontario Avenue, conforms to Official Plan Amendment No. 28 of the Niagara Falls PlanninS Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unenim~us.ly -4- No. 129 - MANN - CHEESMAN - RESOLVED 'that the Council of the Corporation of the City of Niagara Falls hereby declares to the Ministry of Housing of the Province of Ontario that: The Municipality of Niagara Falls intends to participate in the Province's Downtown Revitalizerich Program and upon finalization of a proposed project, will make the necessary application to the Ministry of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 130 - MANN - CHEESMAN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes: 1) The submission of an '~pplication for Contribution - Neighbourhood Improvement Program Planning Stage" to the Ministry of Housing for a Federal contribution of $82,500.00 and anProvincial contribution of $41,250.00 under the terms of Part III of the National Housing Act .for the Ryerson/MArket area. 2) The submission of an application for an accountable advance of $82,500.00 from the Federal Government and $41,250.00 from the Provincial Government f~ the Planning Stage of the Ryerson/Market area; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that [~eve be granted to introduce the following by-laws, and the by-laWs .be read a first time: No. 76-252 - A By-law to stop up and close and to authorize the sale and conveyance of part of Bucklay Avenue. No. 76-253 - A By-law to amend' By-lawb-No.-533~z~ 1955,. as amended~..(AM-27/16~)a) · No. 76-254 - A By-law to designate a Redevelopment Area. (Ryerson-Market Area) No. 76-255 - A By-law to authorize the reconstruction of Brant Avenue .from Churchill Street to Cadham Street. No. 76-256 ~ A By-law to authorize the reconstruction of Churchill Street from Dell Avenue to'grant Avenue. No. 76-257 - A By-law to authorize the reconstruction of Cadham Street from Pope Avenue to grant Avenue. No. 76-258 - A By-law to authorize the construction of watermains as improvements to the water supply system in the Urban Service Areas of the City. (Murray Hill, Main Street, Eelat Road) No. 76-259 - 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. (McLeod Road, Drummond to Alex) No. 76-260 - A By-law to a~thorize the construction of a storm sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. (M~Leod Road, Donald to Stanley) : No. 76-261 - A By-law to authorize the construction of a storm sewermain as an improvement and extension to the sewage system in the U~ban Service Areas of the City. (Brooks Crescent) No. 76-262 A By-law to authorize the construction of a sanitary sewermain as an in~provement and extension to the sewage system in the'Urban Service Areas of the City. (CaledoniaSStreet) No..76-263 - A By-law to authorize the construction of inkorovements and extensions to the sewage system in the Urban Service Areas of the City. (Sanitary Sewer on Kister Road from Hurie to Progress and Storm Sewer on Kister Road from the North Limit of R.P. 243 to Murie) No. 76-264 - A By-law to authorize the construction of.Kister Road from Murie Street to the north limitof Registered Plan 243. ..No. 76-265 - A By-law to authorize the construction of a watermain as an improve- ment 2o,.the. wster supply system in the Urban Service Areas of the City, (Kister Road' from Murie to the north limit of R.P. 243) -5 - No. 76-266 - A By-law to provide monies for general purposes. Carried .Unanimously ORDERED on the motion of Alderman Crowe, seconded by Alderman Harrigan, that the following by-laws be now read a second time: No. 763255 - A By-law to authorize the reconstruction of grant Avenue from Churchill Street to Cadham Street. No. 76-256 - A By-law to authorize the reconstruction of Churchill Street from Dell Avenue to Brant Avenue. No. 76-257 - A By-law to authorize the reconstruction of Cadham Street from Pope Avenue to grant Avenue. No. 76-258 No. 76-259 No. 76-260 No. 76-261 - A By-law to authorize the construction of watermains as improvement to the water supply system in the Urban Service Areas of ~he City. (Murray Hill, Main Street and Kalar Road) - 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. (McLeod Road, Drummond to Alex) - A By-law to authorize the construction of a storm sewermain as an improvement and extension to the Sewage System in the Urban Servic~ Areas of the City. (McLeod Road, Donald to Stanley) - A By-law to authorize the construction of a storm sewermain as an improvement and extension to the sewage system in the Urban Service A~eas of the City. (Brooks Crescent) No. 76-262 - A By-law to authorize the construction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City1 (Caledonia Street) No. 76-263 No. 7~-264 - A By-law to authorize the construction of improvements and extensions to the sewage system in the Urban Service Areas of the City. (Sanitary Sewer on Kister Road from Murie to Progress, Storm Sewer on Kister Road from the north limit of R.P. 243 to Murie) - A By-law to authorize the construction of Kister Road from Murie Street to the North Limit of Registered Plan 243. No. 76-265 - A By-law to authorize the construction of a watermain as an improve- ment to the water supply system in the Urban Service Areas of the City. (Kister Road from Murie to the north limit of R.P. 243) Carried Unanimously ORDERED. on the motion of Alderman Crowe~ seconded by Alderman Chessman, that the fellowi~g by-laws be now read a second and third time: No. 76-252 - A By-law to stop up and close and to authorize the sale and conveyance of part of Bucklay Avenue. No. 76-253 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-27/76) No. 76-254 - A By-law to designate a Redevelopment Area. (Ryerson-Market Area) No. 76-266 - A By-law to provide monies for general purposes. NEW BUS~SS ~erried Unani.~us.1X ITEMS OF INTEREST !, His Worship, Mayor Bukator directed Council's attention to several item of interest included in agenda material. A letter from the Tower of London Wax Museum was received thanking the local Flre~'Dept. for assistance extended followin~ s recent fire at the museum. Another letter has been received from the Niagara Guild of Crafts thanking City Council, the Works Department and ~,c~¢atton Commission for the Sylvia, placepromea~de. -6- PUBLIC TRANSPORTATION FOR THE HANDICAPPF. B Alderman theeamen advised that the Province is co-operating with four cities in an experimental program on transportation for the handicapped. The program is {unded partially through Metro Toronto and the M.E.C.' The Toronto Transit Commission provides consultant services. Actual transportation service has been provided by private firms on a contract basis. Alderman Chessman suggested that representatives of the City, Transit Commission and the Social Planning Council form!~ connni~tee to study the problem of transportation for the handicapped in this City. Alderman Thomson advised that a committee has been set up to discuss this problem. The Committee has representation from the Transit Commission, Social Planning Council, and Alderman Thomson represents Council. The Alderman further advised that the committee will be making a presentation to Council in the new year on this matter. . IMPERIAL TOWERS - DRUMMOND ROAD Alderman Puttick advised that he had received a number of calls from residents of the Imperial Towers apartment building on Drummond Road, who have been approached by the owner regarding the purchase of their units as a condominium unit. The Alderman advised that there is a certain procedure that must be followed when converting an .apartment building to a condominium proposal, and he felt that the residents in the building should he made aware of this procedure. Alderman Smeaton felt that this problem would arise more frequently in the next few years, and agreed that the public should be made aware of the procedure that must be followed under such circumstances. Alderman Harrigan also advised that the City has a policy on condominlums, which should be made known to the public. Alderman.Crows felt that the matter should be referred to the City Solicitor, as the Imperial Towers proposal did not appear to be a condominium project. It was moved by Alderman Crowe,~seconded byAldermanCheesman, that the matter be referred to the City Solicitor. The motion Carried unanimouSly. TRAFFIC PROBLEM - TOWN & COUNTRY PLAZA Alderman Fern advised that cars leaving the Town & Country Plaza have · a great deal of difficulty trying to get out on to Portage Road. There was an accident here recently, and several others occurred during the summer. As Portage Road is a Regional road, the A~derman felt the Region should he contacted to see if anything can be done to improve the situation. Alderman Puttick suggested that the Projects & Services Engineer might be able to provide some ass letante in the matter as well. 'It was moved By Alderman Fern, seconded by Alderman Crows, that the matter he referred to the Projects ~ Services Engineer and the Regional Municipality o~ Niagara for study. The motion Carried unanimously. NEXT REGULAR I~ETING OF COUNCIL It was moved by Alderman Chessman, seconded by Alderman Smaaton, that there be no further meetings of Council held prior to the municipal election, subject to the necessity of a meeting being determined by staff. .Thc~' motion Carried unanimously. It was moved by Alderman ,Marrigan, seconded by Alderman Chessman, that the meeting adjourn. -' - ,-&'*as. '. READ AND ADOPTED, MAYOR FORTY-FIRST MEETING REGULAR MEETING Council Chambers November 29, 1976 Council met on Monday, November 29, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Mis Worship, Mayor Bukator, Aldermen Mann and Michael. RESOLUTION No. 131 - THOMSON - ORR - RESOLVED that Alderman Harrigan be appointed Presiding Officer for the meeting of November 29, 1976, in the absence of His Worship, Mayor Bukator; AND the Seal of the Corporation be hereto affixed. Carried Unanimously Alderman Crowe offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the minutes of the meeting of November 15, 1976, he adopted as printed. PRESENTATION NIAGARA FALLS LABOUR COUNCIL Mr. G. Norton of the Niagara Falls Labour Council presented City Council with a cheque in the amount of $4,000 for the fund pledged to the City for the Prince Charles Park Pool. Alderman Marrigan, Presiding Officer, thanked Mr. Norton on behalf of City Council and the citizens of the City for this contribution. UNFINISHED BUSINESS TENDERS, HOUCK PARK GAS INTERCEPTOR SYSTEM Report No. 644 - City Manager - The report recommends that Walter & Son be awarded the contract for the gas interceptor system at the unit prices for System '~ & D" in the amount of $20,997.90; that the present consulting firm of Hydrology Consultant Limited donduct the complete supervision of the above mentioned contract at an estimated fee of $3,500 and the existing agreement with the City be accordingly amended; and further that the by-laws authorizing the necessary agreements be approved. The Director of Municipal Works provided additional information on the total cost of the project in response to a number of questions raised by Alderman Orr. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Crows, Orr, Stewart, Thomson and Chessman. NAYE: Aldermen Puttick, Schisler and Smeaaen. LANDSCAPE PLAN APPROVAL, NIAGARA SQUARE SHOPPING CENTRE See Resolution No. 132 See By-laws 76-270~76-271. Report No. 645 - City ManaBer - The report recommends approval of the landscape plans as submitted. ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that the report be received and adopted. NIAGARA SQUARE SHOPPING CENTRE THBATRE BUILDING Communication No. 183 - Cambridge Leaseholds Ltd. - The communication requests a change in zoning to permit the construction of a free-standing cinema on the shopping centre site. AND Report No. 646 - City M~nager - The report recommends passage of the by-law 2 which will incorporate the requested change in zoning. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that the request be approved, and the report received and adopted. See Resolution No. 133 See By-law No. 76-272 BUCKLEY AVENUE 1AND EXCRANGE WITH ONTARIO HOUSING CORPORATION Report No. 647 - City Manager - The report recommends passage of a by-law to authorize the exchange of lands with Ontario Housing Corporation to he effective at such time as the City acquires title to Part Lot 20. ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman, that the report be received and adopted. See By-la~ No. 76-273 COMMUNT~TIONS No. 184 - Greater Niagara Senior Citizen's Association - Re: Senior Citizens' Centre. The communication advises that the new closing date of purchase for the former Church of the Redeemer property is now March 31st, 197~, instead of December 30th, 1976. ORDERED on the motion of Alderman Crows, seconded by Aldermen Thomson, that the communication be received and filed. No. 185 - Y.W.C.A. - Re: Alcohol Abuse. The cnannunication requests Council's endorsement of the Y.W.C.A.'s stand on alcohol abuse. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Smeaton, that the recommendations outlined in the Y.W.C.A.'s stand on alcohol abuse, be endorsed in principle. No. 186 - Cyanamid of Canada Limited - Re: Progress Report on Pollution Abatement Project. The communication provides information on the nitric acid.pollution abatement project. Alderman Puttick requested that a copy of this communication be sent to the Committee of a Thousand for their information. ORDERED on the motion of Alderman Crows, seconded by Aldermen Thomson, that · the communication be received and filed, and a letter of appreciation be sent to Cyanamid of Canada Ltd. in appreciation for their co-operation in this respect. No. 187 - Minister of Energy - Re: Energy Conservation and Christmas Lighting. The communication requests CouncilSendorse and observe energy conservation in the design of Christmas displays in the municipality, and by confining the hours for displays to 7:00 p.m. and 11:00 p.m. ~ During the discussion on this item, Alderman SmeatOn felt that the Ministry of Energy should also find othersways of conserving energy during the other eleven months of the year as well. Following further comment, it was moved by Alderman Crows, seconded by Aldermen Thomson, that the Christmas lighting energy conservation proMham of the Province be endorsed. The motion Carried with the following vote: .AYE: Aldermen Crows, err, Puttick, Stewart, Thomson and Chessman. NAYE: Aldermen Schisler and Smeaton. REPORTS No. 648 - City Manager - Re: Proposed C~s Bar, Gulf Oil Canada Ltd., Dorchester & McLeod Roads, AM-44/74. The report recommends the following: 1) Passage of the necessary Official Plan Amendment; 2) Passage of the necessary ~Oning By-law amendment; 3) Approval of the development plan as submitted; end 4) Passage of the by-law authorizing the execution of the development agreement. ORDERED on the motion of Aldennan Chessmen, seconded by Alderman Crows, that the report be received and adopted. 'See Resolution No. 13~ See By-laws 78-267, 76-268 end 76-269 No. 649 -'City C~erk - Re'zoObJection to Zoning Amendment By-law 76-225, AI~3/76, D. Costs. The report advises that ss a result o~ circuletinS the by-lew, Notice of Application and Explanatory Note, one letter of ~bJection was received. ORDERED on the motion of Aldermen Thomson, seconded by Alderm~n Schisler, that ~aunctl re-sffirm its earlier decision, and refer the letter of objection to he. Ontario Municipal Board. -3 - No. 650 - City Manager - Re: Purchase of New Equipment. The report recommends acceptance of a quotation from Archer Truck Services in the amount of $15,018.22 for the supply of s 1976-77 model single axle truck chassis, and authorization for the fabrication and installation of a crew cabccompartment required for this unit at a cost of $3,049.00. The Equipment Superintendent provided information in response to a question raised by Alderman Chessman. ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the report be received and adopted. See Resolution No. 135 No. 651 - City Manager - Re: Building Permits - Progress Report. The report provides a breakdown of building activities in the City to November 23, 1976, in r&lationship to assessment. The City Manager provided additional information on the breakdown of the value of permits issued in relationship to assessment and tax revenue, in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the .report be received and filed. No. 652 - City Manager - Re: Proposed Expansion of Downtown Business Improvement Area. The report recommends that Council agree to the request of the Downtown Business Association to expand the present Business Improvement Area, and authorizetehe preparation and circulation of a "Notice ok Intention of the City of Niagara Falls to pass a by-law designating an area to be added to the existing Downtown Improvement AreaU. In response to a question raised by Alderman Chessman regarding possible inclusion of other areas, the Planning Director advised that the proposed areas to be included were predominantly commercial in nature. The Planning Director was not able to comment on earlier consideration of other areas, as he had not been present during those discussions. Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. The motion Carried unanimously. No. 653 - City Manager - Re: Delegation of Subdivision Approval Powers by Minister of Housing - Preliminary Discussion of Procedures and Policies. The report recommends that 1) The Planning Director suggest to Regional 'Planners that a meeting of all local municipality Planning Directors be arranged to review various points raised or he will take up their offer to meet with them separately in order to review our comments; 2) The Planning Director will report back to Staff Management Comnittee; and 3) A final staff report will then be presented to City Council for consideration and transmittel to the Region. Aldermen Puttick suggested the possibility of combining the second two recowanendations so that Council members would attend the Staff Management Committee meeting when this matter was discussed, and would assist in the preparation of a draft report. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler, that the first recommendation of the report be adopted, and that a meeting be set up between members of Council end the Staff Management Committee to discuss this metter and prepare the necessary report. No. 654 - City Manager - Re: Ontario Planning Directors' Workshop. The .report recommends the attendance of the Planning Director at the Planning Directors~ Workshop in Toronto on December 13th and 14~h, 1976. ORDERED on the motion of Alderman Chessman, seconded by Alderman Crows, that the report be received and adopted. NOTE: Alderman err was absent when the vote was taken on this matter. No. 655 - City Manager - Re: Summer Hockey School, Niagaza Falls Arena. The report recuu~ends that a by-law be passed to authorize an aEreement with the Niagara Falls Minor Hockey people to operate a summer hockey .school at the Niagara Falls Arena from July '25, 1977 to August 27, 1977. ORDERED on the motion of Alderman Crows, seconded by Aldermen err~ that the report be received and adopted. NOTE: Alderman Fera arrived at the meeting. -4- No. 656 - City Manager - Re: Purchase of Lawnmowers, Etc. The report recommends that Frank's Mower &Marine be ~warded the order for the supply of a 12 h.p. lawnmower at a cost of $2,812.80, and the supply of other equipment be awarded to other low tenderera. The Purchasing Agent provided additional information in response to a question raised by Alderman Thomson. OPaERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. See Resolution No. 136 No. 657 - City Manager - Re: Niagara Falls Flyera. The report recommends that Mr. L.A. Emma be informed that the City is in favour of half-price costs for senior citizens for seating at all Niagara Fails Flyera hockey games for the balance of the 1976/77 season. ORDERED on the motion ofllderman Thomson, seconded by Alderman Orr, that the report be received and adopted. No. 658 - City Manager - Re: Parking on Market Street. The report recommends passage of a by-law authorizing the use of parking meters on the section of the parking lot across from the Transit Garage located on Market Street. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. See By-law No. 76-274 - 5- No. 664 - City Manager - Re: Exemption of Certain Lots in Plan M-26 from Part Lot Control. The report recommends passage of a by-law exempting certain lots in Plan M~26 from part lot control, and that any costs arising from the registration of the by-law following its approval by the F~inistry be assumed by the applicant. In response to a question raised by Alderman Crowe, the City Clerk advised t~mt all requests of this nature are checked to ensure that the zoning permits the erection of semi-detached dwellings. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. See By-law No. 76-277 No. 665 - City Manager - Re: Exemption of Certain Lots in Plam~M~33 from Part Lot Control. The report recommends passage of a by-law exempting certain lots in Plan M-33 from part lot control, and that any costs arising from the registration of the by-law following its approval by the Ministry be assumed by the applicant. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. See By-law No. 76-278 NOTE: Alderman Crowe declared a conflict of interest and abstained from voting on this matter. No. 659 - His Worship, Mayor Bukator - Re: Railway Relocation. The report advises of action taken by the Railway Relocation Advisory Committee which was subsequently endorsed by Regional Council. It is recommond6d that Council endorse the recommendations of the Railway Relocation Committee and reserve the necessary funds for the City's share of the study costs. Alderman Puttick suggested that rather than establishing a reserve fund for the expenditure, a!veeem~endation be made to the 1977 Council to allocate funds for the study out of the 1977 budget. The City Manager advised that the City ' ~hould , be in a position to show a firm con~nitment On the study .by having the funds in reserve, when the approach is made to the Province. Regional Councillor Mitchelson also confirmed that the Region is supporting the position of the city with regard to the Railway Relocation Study. .ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. See Resolution No. 137 No. 660 - City Manager - Re: Boys' and Girls' Club of Greate~ Niagara. The report recon~nends that $4,000 of the allocation ~12020 on page 32 of the 1976 operating budget be re-allocated to the Boys' and Girls' Clubof Greater Niagara for the purposes of repairing the swimming pool equipment. ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that thereport be received and adopted. See Resolution No. 137~ No. 661 - City Manager - Re: Establishing.Reserves to Complete Projects Budgeted for in 1976. The report recommends that the list of projects and dollar amounts be adopted and reserves established by a resolution of Council. In response to a question.,raised by Aldernmn Puttick, the City Manager advised that the monies to be placed in reserve for the Railway Relocation Study.were taken from a contingency fund within the 1976 budget alloca,tions. ORDERED on the motion of Alderman Smeaton, seconded by Alderman ChesSman, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others in favour. See Resolution No. 137 No. 662 - City Manager - Re: Write-off of Tax Arrears. The report recommends that Council authorize the Treasurer to remove certain taxes from the Collectores Ro11~ which are considered to be uncollectable. ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr,.thet the report be received and adopted. No. 663'- City Manager - Re: Rating By-law for $946,000 Debenture Issue. The report recoe~ends passage of a byelaw providing for the hvy of rates to pay the princip&l and interest on the debenture issue of $946,000. ORDERED on the motion of Alder~n Puttick, seconded by Alderman Thomson, that the report be received and ~dopted. -. See By-law No. 76-276 No.6666 - City Manager - Re: Observance of Boxing Day, 1976. The report advises' that for the purposes of the Retail Business Holidays Act, 1975, Sunday, December 26th will be Boxing Day and any merchants wishing to remain open on Monday the 27th will not be in contravention of the Act. Alderman Cheesman stated that appropriate notice should be given in the press so that all business operators in the City are aware of this fact. ORDERED on the motion of Alderman Cheesman,. seconded by Alderman Puttick, that the report be received and filed. No. 667 - His Worship, Mayor Bukator - Re: Draexlmaier Estates Limited, Lots 26 - 29 Inclusive, FallshIndustrial Park. The report provides information on the firm of I)raexlmater Estates Limited, a firm recently locatedi~n the Falls Industrial Park. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the report be received and filed, and a letter of appreciation sent to the Business & Industrial Growth Department for their assistance in this matter. NOTE: Alderman Crowe declared a conflict of interest and abstained from voting on this matter. No. 668 - City Manager - Re:LLots 16 & 17, Falls Industrial Park. The report recommends approval of the sale of Lots 16 and 17 having a total area of 5.53 acres to-Precicast S.A. st the rate of $11,000 per acre, at a total price of $60,830; That the deposit of $500 be refunded in the event F.I.R.A. does not . .. approve 'the application; and that the Legal Department be authorized to prepare the necessary documents for the completion of this property sale. ORDERED on the motion of Alderman Thomson, secondedby. Alderman Fern, that the report be received and adopeed. See By-law No. 76-279 No. 669 - City Manager - Re:Sale of Lots 21 & 22, Falls Industrial Park. The report recommends approval of the sale of Lots 21 and 22 to Pyramid Properties at a total price of $61,270 (5.57 acres ~ $11,000 per acre), and that the Legal Department be authorized to prepare the necessary documents for the completion of this property sale. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that the report be received and adopted. No. 670 - City Manager - Re: Church's Lane Trunk Storm Sewer. The report recommends that a by-law be passed authorizing the Mayor and Clerk to sign the proposed agreement with C.M.H.C.-regarding funds for the Church's Iane Trunk Storm Sewer. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the report be received and adopted. See By-law No.. 76-280 No. 671 - City Manager - Re: Glenview N.I.P. Area and Woodbine N.I.P. Ares. The report reconmendsppassage of certain by-!aws which authorize the construction -6- of certain works and acquisition and clearing of lands in the Woodbine and Glenview Neighbourhood improvement Program Areas. ORDERED on the motion of Aldermen Crowe, seconded by Aldermen Thomson, that the report be received and adopted. See By-laws 76-281, 76-282 and 76-283 No. 672 - City Manager - Re: Contract G.C. 27-76, Black Subdivision. The report recommends acceptance of the unit prices submittdd by M.J. Storm Ltd. for the construction of underground services in the Black Subdivision. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Schisler, that the report be received and adopted. See Resolution No. 138 'See By-law No. ~6-284 No. 673 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Crowe, seconded by Aldermen Smeaton, that the report be received and adopted. .. RESOLUTIONS No. 132 - THOF~ON - ORR - RESOLVED that the unit prices submitted by L. Walter & Sons Excavating Inc. for the supply and installation of the gas interceptor system at Houck Park be accepted at the tendered amount of $20,997.90; AND the -Seal of the Corporstion be hereto affixed. Carried with the following vote: AYE: Aldermen Crows, O~r, Stewart, Thomson and Cheesmen. NAYE: Aidemen Puttick, Schisler and Smeaton. No. 133 - THOMSON - CROWE - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that the application of Cambridge Leaseholds Limited for the rezoning of a small portion of Registered Plan M-40 · (Niagara Square Subdivision), conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 134 - CHEESMAN - CROWE - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that the application of Gulf Oil Canada Limited for the rezoning of property located at the southwest corner of Dorchester and McLeod Roads, will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area once Amendment No. 74 has been approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Oarfled ~nanimously No. 135 - THOMSON - ORR - RESOLVED thst the quotation of Archer Truck Services for the supply of one single axle truck chassis at the quoted price of $15,018.22 be accepted; AND the Seal of .the Corporation be hereto affixed. Carried Unanimously No. 136 - THONSON - STEWART - RESOLVED that the quotations submitted by the following firms for the supply of lawnmowers, chainamws and portallie generators be accepted at the prices quoted: 1) Gravely 12 H.P. Model 566 Complete with 40 Come. Mower Frank~s Mower & Marine.- $2,182.80. 2) Chain Ssw 16" Bar & Chain Crawford Mower - $470.80. 3) Chain Saw 14" Bar & Chain Drummond Sports & Marine - $256.80. 4) Rotary Mower 25" Cut Crawford Mower - $4,173.00. 5) Rotary Mowers 21,, Cut Com. Model 625S Crawford Mower - $1,358.88.: I 6) Rotary Mowers 21" Cut Comm. Model 6277. Crawford Mower - $1,551.18 .... 7) Portskle Generator 2,000 Watts Crawford Mower '- $460 ..05 ~ ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously - 7- No. 137 - CROWE - THOMSON - RESOLVED that the Council of the City of Niagara Fallshhereby authorizes and directs that the following amounts be es~sblished as reserves and said amounts be used for the purposes enumerated hereunder: 1. Road construction - Locus 2. " " - Fairlawn 3. " " - Biamonte 4. " " - Piva 5. " " - Churchill " " - Merritt Fire Equipment 8. Christmas Lighting 9. Westlane Tennis Courts 10. Houck Park Remedial Works 11. Oeke8 Park Running Track 12. Railway Relocation & Transportation Study 13. Service Centre Yard Lighting & Driveway 14. Major Sewer Repairs - Sanitary Sewer under C.N. Tracks at Victoria & Buttrey - Sewer Repairs on Morrison at Second Avenue - Repairs near Pollution Plant 15. Capital Grant - N.F. Music Theatre Society - Boys' & Girls' Club of Greater Niagara - Senior Citizens' Centre 16. Water Fund - New Watermains ; AND the Seal of the Corporation be hereto affixed. BUDGET CODE ~MOUNT 11247 $ 4,000. 11248 7,500. 11249 35,600, 11250 12,000. 11251 12,500. 11252 23,200. 10714 15,000. 10877 1,500. 12172 7,200. 12169 18,000. 12160 27,000. 13109 18,750. 11012 10,000. 11608 20,000. 11608 10,000. 11608 10,000. 12020 2,500. 12020 4,000. 12021 44,630. 32200 1]0,000. Carried with Alderman Schisler voting contrary and all others in favour. No. 138 - THOMSON - SCHISLER - RESOLVED that the unit prices submitted by M.J. ~torm Limited for the construction of underground services in the Black Subdivision be accepted at the tendered price of $32,627.50; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslF No. 139 - THOMSON - CROWE - RESOLVED that the next regular meeting of CitycCouncil be held on December 13th, 1976; AND the 8eel of the Corporation be hereto affixed. Carried Unanimously BY-lAWS ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: ~' No. 76~267 - AABy-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AM-44/74, Gulf Oil Canada) No. 76-268 - A By-law ~o amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of N~gara Falls, as amended. (AM-44/74, Gulf Oil Canada) No. 76-269 - A By-law to authorize ~hecexecution of a development agreement with Gulf Oil Canada Limited· No. 76-270 - A By-law to authorize an amendment to an agreement with Hydrology Consultants Limited. No. 76-271 - A By-lawtto authorize the:.execut~on of an agreement with L. Walter & Sons Fakcsvating Inc. for the supply and installation of the gas interceptor system in Houck Park. No. 76-272 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Niagara SqUare Cinemas) NO · 76-273 - A By-law to authorize an exchange of land with Ontario Housing Corporation. (Buckley Avenue Scheme) - 8 - No. 76-274 - A By-law to amend By-law No. 72-132, being a by-law to prnvide for the use of parking meeers on gtreets. (Market Street) No. 76-275 - A By-law to provide for establishing parking lots on Park Street and for regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. No. 76-276 - A By-law to provide for the levy of rates to pay the principal and interest on debentures of the Regional Municipality of Niagara in the principal amount of $946,000 issued for the purposes of the Corporation of the City of NiagaraPFAlls~ No. 76-277 - A By-law to designate certain land not to be subject to part lot control. (M-26) No. 76-278 - A By-law to des ignate certain land not to be subject to part lot control. (M-33) No. 76-279 - A By-law to authorize the sale of land in the Fails Industrial Park. CLot 16, Precicaat S.A.) No. 76-280 - A By-law to authorize theeexecution of an agreement with Central Mortgage and Housing Corporation respecting the trunk storm sewer on Church's Lane. No. 76-281 - A By-law to authorize the construction of concrete sidewalks in the Glenview Redevelopment Area of the City. (Two Readings) No. 76-282 - A By-law to authorize the construction of certain works in the Woodbine Redevelopmerit Area o~ the City. (Two Readings by 3/4 Vote) --No. 76-283 - A By-law to authorize the acquisition and clearance of land in the Woodbine Redevelopment Area of the City. (Two Readings) No. 76-284 - A By-lawtto authorize the execution of an agreement with M.J. Storm Limited for the construction of sewermains, watermains and base roads in the Black Subdivision. (G.C. 27-76) ._No. 76-285 - A By-law to authorize the imposition of special drainage rates upon certain lands and roads in the City of Niagara Falls in respect of which assessments for benefit, outlet liability and inguring liability have been made under the Drainage Act (Consolidated Airport Area Drain). No./66286 - A By-law to authorize the imposition of special dXainage rates upon certain lands and roads in the City of Niagara Falls in respect of which assessments for outlet liability have been made under The Drainage Act (Four Mile Creek)D~aifi).- No. 76-287 - A By-law to amend By-law 76-102, being a By-law respecting the issue of licences. NO · 76-288 - A By-law to authorize the execution of an amending development agree- ment with Ontario Housin~ Corporation· 76-289 - A By-law to authorize the execution of a lease with the Minister of Transportation and,Conmunicationa. (Former Lagion Property, Victoria Avenue) No. 76-290 - A By-law to amend By-law No. 76-61, being a By-law to appoint a chief building official and inspectors under the Building Code Act, 197 ~o. 76-291 - ABBy-law to provide monies for genera!.purposes. Carried with Aidemen Puttick, Schisler and Smeaton votin8 contrar) on By-laws 76-270, and 76-271, Aldermen Crowe abstaining on a confli~ of interest on By-law ' 76-278, and all others including.Alderman !tsrrigsn, Presiding Of cer vetins in fayour.. - 9 - ORDERED on the motion of Alderman Crowe, seconded by Alderman Fera, that the following by-laws be now read a second time: No. 76-281 - A By-law to authorize the construction of concrete sidewalks in the Glenview Redevelopment Area of the City. No. 76-282 - A By-law to authorize the construction of certain works in the Woodbine Redevelopment Area of the City. (3/4 Vote) No. 76-283 - A By-law to authorize the acquisition and clearance of land in the Woodbine Redevelopment Area of the City. Carried Ubahimously with all members voting, in- cluding Alderman Harrtgan Presiding Officer ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the following by-laws be now read a second and third time: No. 76-267 - A Byetaw to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AM-44/74, Gulf Oil Canada) No. 76-268 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-44/74, Gulf Oil Canada ) No. 76-268 - A By-law to authorize the execution of a development agreement with Gulf Oil Canada Limited. No. 76-270 - A By-law to authorize an amendment to an agreement with Hydrology Consultants Limited. No. 76-271 - A By-law to authorize the execution of an agreement with L. Walter & Sons Excavating Inc. for the supply and installation of the gas interceptor aystem in Houck Park. No. 76-272 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Niagara Square Cinemas) No. 76-273 - A By-law to authorize an exchange of lands with Ontario Housing Corporation. (Bucklay Avenue Scheme) No. 76-274 - A By-law to amend By-law No. 72-132, being a by-law to provide for the use of parking meters on streets. (Market Street) No, 76-275 - A By-law to provide for establishing parking lots on Park Street and for regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. No. 76-276 - A By-law to provide for the levy of rates to pay the principal and interest on debentures of the Regional Municipality of Niagara in the principal amount of $946,000 issued for the purposes of the Corporation of the City of Niagara Falls. No. 76-277 - A By-law to designate certain land not to be subject to part lot control. (M-26) No. 76-278 - A By-law to designate certain land not to be subject to part lot control. (M-33) No. 76-279 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lot.16i ~recicast S.A.) No. 76-280 - A By-law to authorize the execution of an agreement with Central Mortgage and Housing Corporation respecting the trunk storm sewer on Church's Lane. No. 76-284 - A By-law to authorize the execution of an agreement with M.J. Storm Limited for the construction of sewermains, watermains and base roads iu the Black Subdivision, (G.C, 27-76) INo. 76-285 - A By-law to authorize the imposition of special drainage rates upon certain lands end roads in the City of Nia8srs Falls in respect of which assessments for benefit, outlet liability and injuring - 10 - liability have been made under The Drainage Act (Cons~lidated Airport Area Drain). No. 76-286 - A By-law to authorize the imposition of special drainage rates upon certain lands and roads in the City of Niagara Falls in.respect of which assessments for outlet liability have been made under The Drsinage Act (Four Mile Creek Drain). No. 76-287 - A By-law to amend By-law 76-102, being a by-law respecting the issue of licences. No. 76-288 - A By-law to authorize the execution of an amending development agreement with Ontario Housing Corporation. No. 76-289 - A By-law to authorize the execution of a lease with the Minister of Transportation and Communications. (Former Legion Property) No. 76-290 - A By-law to amend By-law No. 76-61, being a by-law to appoint a chief building official and inspectors under the Building Code Act, 1974. No. 76-291 - A By-law to provide monies for general purposes. Carried with Alderman Puttick, Schisler and Smeaton voting contrary on By-laws 76-270, and 76-271, Alderman Crowe abstaining on a conflict of interest on By-law 76-278, and all others voting in fayour. NEW BUSINESS 8HRINER'S CREEK PROJECT · AldermanAPuttick asked why the report on cost-sharing for the Shriner's Creek Project hag not been made available by this meeting. The Director of Municipal Works advised that he had only been involved ~n discussions regarding the establishing of park lands, and that the matter of cost-sharing was. still under consideration. FORMER POLICE BUILDING Alderman Sineaton stated that certain items regarding the former police building should be included in the agreement between the City and Dr, Afrukhteh. The Alderman was concerned over the type of renovations to be carried out, and following the ten year period, what artifacts would become the property of the City. The City Manager advised that the agreement was now being finalized and provision would be made for these items in the agreement.. The City. Manager . also advised that it was hoped the agreement; wouldbe submitted to .Council for consideration prior to the end of-the year, It was moved by Alderman/Crows, seconded by Aldenman'Thomson, that the meeting adjourn. FORTY-SECOND MEETING Con~nittee Room #1 December 13, 1976 Council met in Committee of the Whole at 7:15 p.m. on Monddy, December 13, 1976. All Members of Council were present. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reportin~..'a~a~. ,..~ READ AND ADOPTED, MAYOR J f NG Council Chambers December 13, 1976 Council met on Monday, December 13, 1976 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present.wiAlderman Cheesman offered the Opening Prayer. ADOPTION OF MINUTES ORDEREDnon the motion of Alderman Thomson, seconded by Alderman Fern, that the minutes of the meeting of November 29, 1976, be adopted asppiinted. DEPUTATION LOT 41, FALLS INDUSTRIAL PARK Mr. D. Susin was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Stewart. Mr. Sue in advised that when he had purchased Lot 12, he had wanted two adjoining lots. Due to financial problems, he could only purchase one lot and had then requested Mr. Fare to notify'him if the option on Lot 41 was not exercised so that he might purchase the lot. W11en the option was not exercised, a letter was sent to Mr. Susin's solicitor and a telephone call was made to Mr. Susin's office and the message was t~ken by Mrs. Susin, Mr. Susin was not informed by his solicitor or his wife that the option had expired. MJ~. Susin advised the t he could not afford the increase in price and since he had expressed an interest in the lot prior to the price increase, he felt Council should allow him the opportunity of purchasing Lot 41 at the original price of~ $7,000 per acre. · Considerable discussion took place on'this matter, during which time the City'ManaSer, City Clerk and Mr. C. Pare of the Business & Industrial Growth Dept. provided information in response to questions raised. The City Clerk provided members of Council with a history of correspondence relating to Lot 41, from which it was pointed out that Mr. 8ustn had not fulliliad all of the covenants on Lot 12. The point was also raised that in charging $11,000 per acre forlands in the Palls Indnatrial Park, the City would only recover costs and no profit would be realized. Following further discussion, it was moved by Alderman Crowe, seconded by Aldermen Harrigan, that Council re-affirm the price on Lot 41 at $11,000 per acre and that Mr. Susin be given an opportunity to purchase Lot 41 when he has complied with all covenants on Lot 128 as confirmed by the previous decision of Council. The motion Carried with the following vote: ~.Y~..: Aldermen Cr'~we, Harrigsn, Mann, Miehael~ Puttick, Schisler, Smeaton, Thomson and Cheesman. N~YB: Aldermen Fern, Orr and Stewart. COMMUNICATION8 No. 18~ - Astral Signals Inc. - Re: Traffic Signals & Emergency Vehlcles. The communica~ion provides information on a controller giving emergency vehicles - 2- priority right-of-way at traffic controlled intersections. ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson, that the communication be referred to staff for further study. No. 189 - Regional Municipality of NiaBara - Re: Regional Election Centre. The communication expresses the appreciation of the Region to City personnel involved in the election. ORDERED on the motion of Alderman Mann, seconded by Alderman Sc~isle~, that the c~maunication be received and filed. No. 190 - Rotary Club - Minor Hockey Association - Re: Skate-A~Thon. The communication ex~ends an invitation to members of Council and city staff to 'participate in the annual Rotary - Minor Hockey Association Skate-a-thon to be held on February 5, 1977. ORDERED on the motion of Alderman Orr, seconded by Alderman Mann, that the Rotary Club be advised that members of City Council and City staff will be pleased and willing to participate in the Skate-A-Thon. No. 191 - Mr. J.N. Tries - Re: Niagara Metals. The communication which is addressed to the Honourable George Kerr, Minister of the Environment, requests a meeting to discuss the matter of emissions from the Niagara Metals plant on Stanley Avenue. ORDERED on the motion of Alderman Michael,=seconded b~.AldermandOrr, that the communication be received and filed. No. 192 - Regional Municipality of Niagara - Re: Capital Pollution Abatement -and Water Supply Construction Priorities. AND No. 193 - Regional Municipality of Niagara - Re: First Draft of 1977 Water Supply and Pollution Abatement Cash Flow Program. AND Report No. 674 - City Manager - The report provides comments on the above conmunicationa from the Region as they affect the City of Niagara Falls. It is recommended that the report be adopted by Council and forwarded to the Regional Municipality of Niagara and Mr. William Archer. During the discussion on this metter, several members of Council expressed concern over the priorities and proposed cash flow program of the Region and how they would affect development in larger municipalities, particularly the City of Niagara Fells. Aldermen Crowe referred to the limitation placed on development by the Ministry of Environment until expansion of the pollution control plant takes place, and the fact that the Region is proposing a tender call in 1977 with construction to takep~lace during 1978 and 1979. This delay · in the necessary expansion of the pollution control plantwWill hold up development in the Cityagfter the M.0.E. allotment has beer}uutil{zed. The Director of Municipal Works advised that the Director of Engineering for the Region had advised him after the writing of the report that an additional five hundred lots would be made available for development purposes subject to certain conditions being met. The conditions would include a tender call for the proposed expansion this year, tomoval of organic residue from the plant site to 'allow room for expansion, and a decision on the proposed processed organic realdue site. The M.O.E. had also indicated that a furthe~ five hundred lots-would become available when a contract is awarded for the plant expsns ion. Alderman Crowe also expressed concern regarding the timing of the Chippaws trunk storm sewer which originslly was to be constructed in 1977, and now funds for engineering only have been allocated for 1977. Alderman Thomson felt that development in large menicipalities would be stifled, while smeller municipalities would derive the benefit with the larger municipalities paying the bulk of the cost. Aldermsn Thomson also~f~lt that council should meet with the Public Works & Utilities Committee of the Region t~ discuss this matter which will have a considerable effect on develop.ment in the City. Alderman Sohisler expressed concern over p~oposed "double impost" fees with both the City and Region charging impost fees. While these fees are not ' restrictive in urban areas, they are conside~able in rural areas. The Alderman also felt that the Region was s holding a decision on the sludge pond over the .City~s head before allowing further development to proceed. Alderman Puttick suggested a lack of liaison between the City and the Region, and that the City's representative on the Regional Public Works & Utilities C,~lttee should be contacted. Following furthe~ discussion, it was moved by Alderman Puttick, seconded by Aideman Harrigan that the c~u~unications from the Regional Municipality of Niagara be received and filed. The motion Carried with Alderman Crows vo~ing contrary. .....3 -3- It was then moved by Alderman Crowe, seconded by Alderman Cheesman, that the report, along with Councilts strong opposition to the communications, be forwarded to the Region and further that the City would be opposed to any further dealings until such time as a joint meeting is arranged between rep- resentatives of the City of Niagara Falls and the Regional Public Works and Utilities Committee to explore the matter further. The motion Carried unanimously. No. 194 - Liquor Control Board of Ontario - Re: Chippaws Liquor Store. The communication requests ~uncil's comments on the Chippaws liquor store remaining open on a six day per week basis. ORDERED on the motion of Alderman Michael, seconded by Alderman Harrigan, that the Liquor Control Board of Ontario be informed that City Council has no objection to the ~hippawa Liquor Store remaining open on a six day a week basis. .' REPORTS No. 675 - City Manager - Re: Employee Fringe Benefits. The report advises that the firm of R.C. Young Insurance Agency Ltd. representing Tri-Care Services Ltd. has requested that the City cons ider adopting a system of consolidating 'the complete benefit package. There would be no cost to the City for the preparation of a report.by R.C. Young Insurance Agency Ltd. to determine if a worthwhile savings can be achieved. Alderman Orr felt that other insurance firms in the City should also be given an opportunity to submit a proposal on a benefit package for the City. The Personnel Officer advised that R.C. Young Insurance Agency Ltd. had contacted the City with this proposal, and will be permitted to review the City's costs of all benefits, in order to determine if a savings could be made by utilizing a single billing system. There would be no decision on hiring a firm to provide this service until it is known if a savings can be realized. Alderman Orr advised that several firms had approached himand had advised that they would like to submit a proposal on an employee fringe benefit package. Following furtherddiscussion, it was moved by Alderman Schisler, seconded by Alderman Fare, that the report be received and filed. It was moved by Alderman Orr, seconded by Alderman Crows, that the motion be amended so that the firm of R.C. Young Insurance Agency Ltd. be authorized to present a proposal on the consolidation of employee benefits, and any other firms wishing to submit proposals may do so. The motion, as amended, Carried with the following vote: AYE: Aldermen Crows, Harrigan, Michael, Orr, Smeaton, Stewart and Cheesmsn. 'NAYE: Aldermen Fete, Mann, puttick,aSChisler and Thonmon. -No. 676 - City Clerk - Re: Objection to Zoning Amendment By-law 76-245, Bambi Estates. The report advises that as a result of circulating a copy of the By-law, Notice of Application and an Explanatory Note, one letter of objection Was ~ceivedfromMr. M. Rakovic, a property owner in the area. -- The City Clerk indicated that a meeting was to be held with the objector -to determine if the objection could be resolved. The Clerk suggested that the objection be referred to the Ontario Municipal Board at this time, and if it can be resolved, it would be withdrawn at a later date. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that Council re-affirm its earlier decision Cn approve the application, that the objection be forwarded to the Ontario Municipal Board, and that the City Clerkkattempt to resolve the objection. No. 677 - City Manager - Re: 1977 Inaugural Meeting. The report reco~enends passage of s by-law designating Wednesday, January 5, 1977 as the date for the inaugural meeting of the 1977-78 Council. ORDERED on the motion of Alderman Marrigan, seconded by Alderman Orr, that '-the report be received and adopted. See By-law 76-292 No. 678 - City Manager - Re: Council Meetings for Balance of 1976. The report recommends that the meetings of December 20th and December 27th be suspended, and that a final meeting of the 1976 Council be held on Wednesday, December 29th · at 4:30 p.m. ORDEI~D on the motion of Alderman Crowes seconded by Alderman H~rrigan, that the report be received and adopted. NOTE: Aldermen Mann and Cheesman were absent when the vote was taken on this matter. ..... ~ 4 No. 679 - His Worship, Mayor Bukator - Re: Activities of Regional Council. The report provides information on some of the more important matters approved by Regional Niagara Council recently, ORDERED on the motion of Alderman Thomson, seconded by Alderman gchisler, that the report be received and filed. NOTE: Aldermen Mann and Chessman were absent when the vote was taken on this matter. No. 680 - City Manager - Re: Parking Prohibition McLeod Road. The report advises that the Regional Public Works Committee will be reconnnending to Regional Council that parking be prohibited from both sides of McLeod Road from Merritt Avenue to Drummond Road. It is recommended that the Region be advised that the City of Niagara Falls agrees with the proposed prohibition. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Crows, that the report be received and adopted. NOTE: Aldermen Mann and Chessman were absent when the vote was taken on this matter. No. 681 - City Manager - Re: Parking Prohibitions on Victoria Avenue and Palmet Avenue. The report advises that the Regional P6blic Works Committee will be recommending to Regional Council that a parking prohibition on the southeasterly side of Victoria Avenue from Palmer toWelnut and on both sides of Palmar Avenue from Victoria to a point 100 feet easterly. As the matter must be referred to the Municipal Parking Committee, it is recommended that the Region be advised that the Municipal Parking Committee will be considering their recormnendations and that they be requested to delay action by their Council until after the next meeting of City Council. ORDERED on the motion of Alderman Crows, seconded by Alderman Smeaton, that the report be received and adopted. NOTE,:~2Aldermen.iManBcand Chessman were absent when the vote was taken on this matter. No. 682 - City Manager - Re: Transfer of Sections of Roadways in the Vicinity of the Q.E.W. - McLeod Road Interchange. The report recommends passage of a resolution indicating the City's acceptance of the following roadways: 1) All portions of the Service Road on the east side of the Q.E.W. between McLeod Road and the Welland River .previously acquired for construction purposes by them. 2) That portion of McLeod Road west of the westerly limits of the west Service Road (Montrose Road) to the westerly limit of the roadway previously assumed by the M.T.C. 3) That portion of the original alignment of Montrose Roadlwhich now ends in a cul-de-sac. OmnERED on the motion of Alderman Schtsler, seconded bY Alderman Stewart, that the report be received and'adopted. ' See Resolution No. No. 683 - City Manager - Re: Sale of Imperial Towers, 6563 Drvmmond Road. The report provides information on the proposed sale of the apartment building known as Imperial Towers. It-is recommended that any persons considering partieipation~ in the project seek the advice of a solicitor, and further that a copy of the report be forwarded to a represeneetive of the tenants in Imperial Towers to make them aware of the absence of Municipal Jurisdiction in this matter. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the report be received and adopted. No. 684 - City Manager - Re: 1977 Appointments. The report advises of the va~a aldermsnic and citizen appointments to be made to the various boards, commissions and'committees. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that an advertisement be placed in the press soliciting the names of att~zens~ interested in serving on the various boards, c~issions and conmittees, and that the ..... appp~Cm~p be considered early in the new year by the 1977 Council. · No. 685 - City Manager - Re: Building Permits. The report provides a breakdown ~of the permits issued by the Building & Development Department for the month of November. ORDERED on the motion of Alderman Mann~ seconded by Alderman Harrigan, that the report be received and ~iled. -5- No. 686 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan, that the report be received and adopted. RES OLUT IONS No. 140 - SCHISLER - STEWART ~ RESOLVED THAT WHEREAS the Ministry of Transportation and Communications has requested the City of Niagara Falls to assume ownership and responsibility for certain roads constructed by the Ministry of Transportation and Communicationsitn conjunction with the construction of the Q.E.W. - McLeod Road Interchange; AND WHEREAS the City deems it advisable to assume the subject roadways; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls confirm its approval of the assumption of: 1) All portions of the Service Road on the east side of the Q.E.W. between McLeod Road and the Welland River previously acquired for construction purposes by the Ministry of Transportation and Communications. 2) That portion of McLeod Road west of the westerly limits of the west Service Road (Montrose Road) to the westerly limit of the roadway previously assumed by the Ministry of Transportation and Communications. 3) That portion of the original alignment of Montrose Road which now ends in a cul-de-sac. AND BE IT FURTHER RESOLVED that the Ministry of Transportation and Communications be notified of Council'~ action in this respect; AND the Seal of the Corporation be here~o affixed. Carried Unanimously No. 141 - HARRIGAN - STEWART - RESOLVED that By-law No. ~6-98, being a by-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act, which was read a first and second time at the meeting of Council held on May 3~d, 1976, be amended as follows: 1) by striking out the figures $509,000, $4~,320, $362,894 and $103,786 in the first, second, third and fourth lines, respectively, of the third recital and inserting in lieu thereof $303,000, $37,116, $185,486 and $80,398 respectively; 2) By striking out "2 to 10 inclusive" in the second line of the fifth recital and inserting in lieu thereof "2 to 6 inclusive and 8 and '3) by striking Out "10" in the second line of ,section 3; 4) by striking out "2 to 10 inclusive" in the third line of section 4 and inserting in lieu thereof "2 to 6 inclusive and 8 and 9"; 5) by striking out all of Items Nos. 7 and 10 of Schedule 6) by striking out the totals "$509,000, $42~$20, $362,894, $103,786, $68,486 and $17,533" at the bottom. for the first, second, third, · fourth, seventh and eight columns, respectively, of Schedule '~" and inserting in lieu thereof "$303,000, $37,116, $185,486, $80,398, $37,442 and $13,588" respectively; and that the said By-law, as amended, be n~w read a third time and passed; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl BY-LAWS ORDERED on the motion of Alderman Harrigan, seconded by Alderman Stewart, that the following by-law be now read a third and final time: No. 76-98 -. A By-law to authorize the construction of certain works as local improvements under Section 1~ of The Local Improvement Act. Carried UnanimousiX ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that leave be granted to introduce the following by-laws, 'and ~he by-laws be read a first time: No. 76-292 - A By-law to fix the day and hour of the Insugural Meeting of the Council for the year 1977. No. 76-293 - A By-law to amend By-lsw No. =2-132, being a by-law to provide for the use of perkinS meters on streets. . .... 6 -6- No. 76-294 - A By-law to authorize the execution of an agrQQment'regarding the resale of land in the Falls Industrial Park. No. 76-295 - A By-law to provide monies for general purposes. Carried Unanimnusly ORDERED on the motion of Alderman Mann, seconddd by Alderman Harrigan, that the following by-laws be now read a second and third time: No. 76-292 - A By-law to fix the day and hour of the Inaugural Meeting of the Council for the year 1977. No. 76-293 - A By-law to amend By-law No. 72-132, being a by-law to provide for the use of parking meters on streets. No. 76-294 - A By-law to authorize the execution of an agreement regarding the resale of land in the Falls Industrial park. No. 76-295 - A By-law to provide monies for general purposes. Carried Unanimously BUSINESS LUNDY'S LAN~ HISTORICAL MUSEUM OPEN HOUSE His Worship, Mayor Bukator advised members of Council that an invitation had been extended to members of Council to attend the special Christurns Open House at the Lundyrs Lane Historiaal Museum on December 19, 1976. NOISE OF HELICOPTERS Alderman Cheesman asked if arrangements had been made t~tmeet with the Minister of Transport in Ottawa regarding the noise of helicopters. His Worship Mayor Bukator advised that Nr. Roger Young was setting up the meeting and would be advising of the date soon. FIRE ALARM SYSTEMS- It was moved by Alderman Thomson, seconded by Alderman Mann, that a report be prepared for the new Council on the possibility of making it mandatory for all schools to be connected to the alax~n system at the fire station. The motion Carried unanimously. ~ N~W CITY FOREMAN Alderman Fera stated that he had been informed the new Sewer Foreman hired recently, was usinS a City vehicle to drive back and forth to Welland where he now lives. The City Nausger advised that the person had not coa~aenced his employment,yb~ but the matter would be investigated. USE OF SALT ON CITY ROADS Alderman Puttick advised he had received a call from a resident claiming the City was using straight.salt on the streets. The Director of Municipal Works advised that this has been '~he practice of the City for a number of years, and straight salt is used ~namain streets when snow is Just starting to fall. He also advised that this 'practice ia also followed by the Region and 'the M.T.C. BUS SERVICE ON DORCHESTER ROAD Alderman Puttick advised that there is no bus service on Dorchester Road between Lundyss Lane and Dunn Street, and that senior citizens at Dorchester Nanor had to depend on irisads for transportation. The City Manager indicated he would speak to the Transit Commission about the matter. .~ CO!~2NTS OF ALDEIL~N PUTTICK Alderman Puttick wished members of Council and staff a Merry Christmas, snd offered his hopes for success to the new Council in 1977. WELCOME TO NEW NEMBERS OF COUNCIL His Worship, Mayor Bukator welcomed Aldermen-Elect Jan Jaluvka, Seaman Moonay and Mary Sobol to the meeting. It was moved by Alderman Harrigan, seconded by Alderman Cheesman, that the meeting adjourn. ~a&&, ' a,. ,.,..,, f MaYOR FORTY-THIRD MEETING REGULAR MEETING Council Chambers December 29, 1976 Council met on Wednesday, December 29, 1976 at 4:30 p.m.-~for the purpose of considering general business. All Members of Council werepresent with the exception of Aldermen Harrigan, Michael, Puttick and Thomson. Alderman Cheesman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that the minutes of the meeting of December 13, 1976, be adopted as printed. UNFINISHED BUSINESS CONVEYANCE OF 4539 AND 4541 ERIE AVENUE TO THE GREATER NIAGARA TRANSIT COMMISSION Report No. 687 - City Manager - The report recommends passage of a by-law authorizing the conveyance of 4539 and 4541 Erie Avenue to the Greater Niagara Transit Commission. ORDERED on the motion of Alderman Crowe, seconded by Alderman Fera, that the report be received and adopted. See By-law No. 76-296 C OMMUN ICAT IONS No. 195 - Regional Municipality of Niagara - Re: First Draft of 1977Water Supply and Pollution Abatement Cash Flow Program and Capital Pollution Abatement and Water Supply Construction Priorities. The communication advises that s meeting has been arranged to discuss these matters on January 11, 1977 at 2:30 p.m. in Regional Council Chambers. ORDERED on the motion of Alderman Crowe, seconded by Alderman Smeaton, that the conmaunication be received and filed, and as many members as possible attend the proposed meeting. No. 196 - Regional Mnnicipa lity of Niagara - Re: Construction of a Bridge over the Welland River. The communication advises that no objections have been received to the proposal to censtFuct a bridge ever the Welland River and to realign Chippaws Parkway. ORDERED on the motion of AldermenMann, seconded by Aldermen Crows, that the communication be received and filed. No. 197 - Regional Municipality of Niagara - Re: Regional Roads Reclassification Review - 1976. The communication provides information on the inclusion and deletion of certain roadways in the Regional Road System. Alderman Schis hr suggested that in view of past problems with Bigger Road~ the City should forward any information available to the Region, as the Region will be assuming this roadway. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton, that the communication be received and filed. No. 198 - Regional Municipality of Niagara - Re: Subdivision of Regional Lands Morrison Street Extension. The communication provides information on a propose 1 of the Region to subdivide Regional lands north of the proposed Morrison Street extension for the purpose of relocating five houses bought by the Region as part of the proposed extension. Alderman Stewart inquired if the Region intended to rent these houses once relocated. The City Manager indicated that the homes would be sold. ORDERED on the motion of Alderman Crowe, seconded by Alderman err, that the communication be referred to staff for the preparation of a report. ~. 199--DRagtOnal MuMictp~lityWofkNi~gsra,,-, Re: ,Front Street,Gravity Trunk Sewer4 .,Theioo~mh~i~a~on:tadU~b~slthata~Hecp~eposed Front Street, gravity trunk s~ve~l'doe8 nOC ~et~,~he ~c:i~er(a~fbb~'aesump~ion~a~'d RegAOnel~ac~Lt~y~:, :: ~:,~ the con~u,~ica/i,~n t,v 1e~ clvcd and [ih,d , , 2 -2- His Worship, Mayor Bukator provided members of Council with a brief history of the pumping station on Front Street. The Director of Municipal Works provided additional information in response to a question raised by Alderman Schislarr. ORDERED on the motion of Alderman Chessman, seconded by Alderman Stewart, th~t the communication be received and filed. No. 200 - Regional Municipality of Niagara - Re: Acquisition of H.E.P.C. Lands for Widening of portage Road. The conmunication advises that lands will be acquired on the west and east sides of Portage Road to facilitate the future widening of Portage Road. ORDERED on the motion of Alderman Mann, seconded by Alderman Shhisler, that the communication be received and filed. No. 201 - Regional l~mtcipality of Niagara - Re: Regional Road Lighting Policy. The connunication advises that the Region's Road Lighting Policy will be amended to stipulate that the Region will no longer contribute toward the cost of unwarranted illumination. In response to several questions raised, the Director of Municipal Works advised that the Region has patterned its criteria after that used by the M.T.C. If a lighting situation does not meet their warrants, the Region will not contribute to~ard the cost of such lighting. The criteria of the Region do~sp~o~dds for extenuating circumstances, but under the · new policy, if conditions do not meet their criteria, they will not consider contributing to the cost. 'ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the communication be received and filed. REPORTS £or in 1976. The report recmmnends that r~serves be established for certain =p~oJects budgeted for in 1976 but not completed as yet. '!' * ' In response to a question raised by Alderman Stewart, the City Manager advised that this type of project is usually scheduled for November and 3 No. 688 - City Manager - Re: Foreman, Sanitation Department. The report . provides information relating to. the new Sewer Foreman hired by the City, ~ and the use of a City vehicle by this employee. ~ Alderman Fera referred to a statement in the report, that no specific ~ policy exists on the employment of individuals living outside the municipality as it relates to the use of City vehicles. The Alderman felt that such a policy should be adopted as soon as possible. The Director of Municipal Works advised that there is a staff policy on this 'matter, but no specific policy of Council exists. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the report be received and filed, and further that the 1977-1978 Council be requested to consider the adoption of a policy relating to the use of City vehicles by employees. t No. 689 - Fire Chief - Re: School Conneotions to Fire Dept. Alarm System. The report advises that the Deputy Fire Marshal of Ontario has indicated that he has no knowledge of any by-law regulating schools to connect fire 'alarms to Fi~e Department alarm panels. In response t~ a question raised by Alderman Cr'owe, the City.Solicitor · advised that he had examined the provisions of the Municipal Act as it relates to Fire Department matters, and in his opinion, Council does not have the authority to comp~ schools to connect to the Fire Department alarm system. ORDERED on the motion of Alderman Crows, seconded by Alderman Smeaton, that the Niagara South Board of ,Education be requested to provide a statement of policy as to what a~tion they intend to take on this problem. No. 690 - City Manager - Re: Development Plan Approval - Proposed Resideads for the Mentally Retarded, Kalar Road. The report recommends approval of the development plan as submitted. Alderman Smeaton and the City Manager provided information in response to a question raised by Alderman Schisler. ' ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. · No.' 691 - City Manager - Re: Establishing Reserves to Complete projects Budgeted -3- December, but due to the early cold weather and snow conditions, employees that would normally carry out such work were involved in snow removal operations. ORDERED on the motion of Alderman Crowe, seconded by Alderman Cheesman, that the report be received and adopted. See Resolution No. 143 No. 692 - City Manager - Re: Parking Prohibitions on Victoria Avenue st Palmer Avenue, City of Niagara Falls. The report recommends that the Region be informed the City of Niagara Falls is in favour of prohibiting parking on both sides of Palmar Avenue from Victoria Avenue 100 feet easterly and on the south-easterly side of Victoria Avenue from Palmet Avenue to Walnut Street. It is further recommended that the necessary by-law be passed by the City to prohibit parking on both sides of Palmer Avenue from 100 feet easterly from Victoria Avenue to Bender Hill. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the report be received and adopted. No. 693 - City Manager - Re: Olden Avenue and Scholfield Street. The report recommends passage of a by-law accepting Scholfield Street and Olden Avenue as part of the City's road system. .ORDERED on the motion of Alderman Crowe, seconded by Alderman Smeaton, that the report be received and adopted. See By-law No. 76-297 No. 694 - City Manager - Re:~unicipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Orr, seconded by Alderman Crowe, that the report be received and adopted. RESOLUTIONS No. 142 - MANN - FERA - RESOLVED that the Corporation of the City of Niagara Falls hereby consents to the incorporation of a corporation under the name of Niagara Falls Business and Industrial Growth Agency Incorporated, or any variation thereof; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 143 - MANN - FERA - RESOLVED that the Council of the City of Niagara Falls hereby authorizes and directs that the following amounts be established as reserves and said amounts be used for the purposes enumerated hereunder: Budget Code Amount 1. Installation of bulkhead in the sand/salt shelter. 2. Siding for the sand/salt shelter. 3. Storm drainage for the Service Centre yard. ; AND the Seal of the Corporation be hereto affixed. 11009 $2,000 11009 $6,000 11012 $2,000 , Carried Unanimously BY-lAWS ORDERED on be granted time: the motion of Alderman Mann, seconded by Alderman Crows, that leave to introduce the foilowing by-laws, and the by-laws be read a first No. 76-296 - A By-law to authorize the conveyance of lands to the Greater Niagara Transit Commission. (4539 & 4541 Erie Avenue) No. 76-297 No. 76-298 - A Byelaw to authorize the acceptance of ai alternate service road as part of the City's raid system. (Scholfield St. and Olden Ave.) - A By-law to authorize the acquisition of land in the former VillaSe of Chippaws for park purposes. No. 76-299 - A By-law to provide monies for general purposes. CsrrieU Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the following by-laws be no~ read a second and third time: No. 76-296 - A By-law to authorize the conveyance of lands to the Greater Niagara Transit Commission. (4539 & 4541 Erie Avenue) No. 761~97 - A By-law to authorize the acceptance of an alternate service road as part of the City's road system. (Olden Ave. & Schblfield St.) No. 76-298 - A By-law to authorize the acquisition of land in the former Village of Chippawa for park purposes. No. 76-299 - A By-law to provide monies for general purposes. Carried Unanimously BUSINESS RENEWAL PROGRA/IS IN NIAGARA FALLS Report No. 696 - City Manager - The report provides information regarding the operation of the Renewal program in Niagara Falls as a result of recent newspape;] articles. It is further advised that as a result of a thorough review, no irregularities were found. ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman, that the report be received and filed, and further that copies be made available So-any interested persons. CO~fi~ENTS OF ALDERMAN SI~TON Alderman Sineaton thanked"ehe members of Council and staff for the co-operation and assistance extended during his term of office. COMMENTS OF THE CITY MANAGER The City Manager extended his best wishes for luck to Alderman Smeaton who will be serving on Regional Council during 1977 andl1978. Also on behalf .... ~.Of the members of Staff, the City Manager wish&d all members of Council best wishes for the New Year, and expressed his thanks for' the Council's continued '~upport. .. It was moved by Alderman meeting adjourn. READ AI~ ADOPTED, led by Aldermen Crows, that the t