Loading...
Minutes1973FIRST MEETING Council Chambers, January 8, 1973. INAUGURAL MEETING In accordance with the provisions of The Municipal Act and By-law No. 7268 of the City of Niagara Falls, the Council met st 4:15 p.m. in the Council Chambers of the City Hall. The Council included His Worship Mayor George Bukator and Aldermen Christensen, Fern, Harrigan, Hunt, Keighan, Mann, Puttick, gchisler, Smeaton, Thomson, Walker and Wallace. The Statutory Declarations of Office and Qualifications were filed with the City Clerk when the Oaths of Office had been taken by His Menour Judge Johnstone L. Roberrs. It was then Ordered on the motion of Alderman Mann, seconded by Alderman Harrigan that a vote of thanks be extended to His Henour Judge Johnstone L. Roberrs for administering the oaths of office to His Worship M~yor Bukator and members of the City Council. Following the Invocation, it was Ordered on the motion of Alderman Keighan, seconded by Aldermen puttick that Reverend William Fingland, the Officiating Clergyman, be thanked for his presentation of the Prayer of Invocation. -" His Worship Mayor Bukator then delivered his Inaugural Address . ~ Reverend Sirs, Honoured Guests, Members of Council, Ladies and'Gentlemen: Several moments, ago,thirteen persons subscribed to an oath of office which, upon completion, officially established the Council of the City of Niagara Falls for the years 1973 and 1974. To those present and on behalf of the members of ~he newly-elected Council, mey I convey our sincere appreciation for the henour it is to have you share in this meaningful ceremony. I believe it has beegoastomary in the past for the newly-elected Mayor to review in detail the items to be considered by the new Council.While I intend to mention briefly those items of importance, I have no desire to helahour the multiplicity of metters that this Council will face during the next two years. My remerks will not be directed to my fellow members of Council alone, but rather to each and every resident of the City of Niagara Falls, for each of us has very important responsibilities to one another and to our system of local government. I do not intend to review or cu~n~ent on the previous administration-. This is a new year - a new term - and a time to look optimistically ahead to the future. There has, for the past number of years, been additional emphasis placed on the importance of citizen participation and involvement in the function of local government. I suggest to the members of Council that it is up to us to create a climate that will stimulate a genuine interest in the municipality by our residents. People have, in the past and will continue to be, the centre of my interest. It is for these people that local govern- ment is established and we, as s Municipal Council, must not'degenerate into a selected group of bureaucrats who, ~mmediately upon election, conveniently forget their obligation to those represented. I earnestly solicit the support of each and every resident of this City in Council's efforts - this is the part you must play - for if we are to build a better place in which to live - we must do it together. This Council has today, in assuming the reins of control, been given responsibility for the operation of the City for the next two years. Our City is a fine place, a place without.major problems. There are, however, many challenges that premise to make an exciting term of office. It is upon these major challe. nges that I should like to dwell !or a few moments. Of prime importance is the current shopping centre dilemma. 'A consultant has been retained and is presently working with administrative staff to compile the info~mation necessary to permit conmencement of a regional shopping centre. I am convinced that the established business areas csn co-exist with a plaza - there is a place for both. In determining the size of the approved plaza, full consideration will be given to the normal expansion of existing business areas, This City has been blessed with having businessmen who have a genuine interest in preserving the established business areas. Through a combined effort with the City, they have been able to prevent the decay that has befallen many of the downtown areas elsewhere in the Province. Their continued interest is widened by the self-help program now authorized by the downtown develop- ment area, 3 proposal whereby the downtown businessmen will improve and promote the downtown area through a levy made annually against their properties. It is encouraging to note that a similar proposal is being processed for the southend area. These programs must be encouraged as they constitute an excellent example of c~wmuni~Y concern and involvement. In all facets. of development, this Municipality must develop an aggressive attitude. It is not enough to sit back and hope for things to happen - we must '~n~ke things happen". We must build an image of the City in the minds of industrialists and developers as a progressive, expanding community. At the present time, there are approximately 2,200 residential lots now under development in proposddDplans of. subdivisions. This is, I believe, indicative of the potential that is possible. With our residential development, we must have corresponding industrial. expansion. There is an t~nediate need to establish a greater degree of co-ordination with the Business and Industrial Growth Committee. I would like to suggest that, effective immediately, the ~ayor be authorized to sit as a member of this committee and that a complete review be made of the current program of industrial development. During my many years of activity in the various levels of government, I have been able to establish many lines of co~Eaunication. I would ask Council's support in the building of bridges to those bodies with whom we must work. Where existing legislation prohibits the City from undertaking what it considers to be necessary, then legislation should be changed. Of particular importance is the granting of tax relief to persons on fixed incomes. : : 'While on the subject of greater liaison with other governmental bodies, an immediate requirement is the need for closer liaison with the Regional Municipality of Niagara. Situations have developed which would lead one to believe that "the tight hand is unaware of whaC the left hand is doing". Policies affecting matters of common interest to both C~local and regional municipality cannot be formulated independently - they must reflect acceptance by both parties. In this respect, it may be necessary to schedule periodic meetings with the Regional representatives of the City or with Regional Councillors. I do not intend to let this City become the second choice City of the Region, nor do .I believe we should be reluctant :in questioning the merit of an aspect of legislation governing regional operations. Certainly an encouraging sign is the cooperation that has been initiated between our sister city - NiagaraFalls, New York. The urban renewal program undertaken by that city and the construction Of a convention centre development will have a major impset on'the tourist industry in both cities. It is expected that 200 million dollars will be spent on this project and it has been suggested that interhational reception centres be established in both cities. To foster Join cooperation, I intend to meet with the Bayor of Niagara Falls, New York, in order to create better relationship and coordinate cur efforts in prunoting the Niagara frontier. -3- Ranking among the more important challenges and certainly requiring priority ,.is the proposed new regional official plan. I cannot over-emphasize the importance of obtaining a complete understanding of the Region's proposal and its short and long term effect upon the City of Niagara Falls. The official plan may well be an excellent vehicle for establishing a new level of Region-City cooperation. Likewise, the City's proposed new zoning by-law is long overdue. At present the Municipality is labouring under a number of obsolete zoning documents. The implementation of the new by-law has dragged considerably and further processing is an immediate priority. Regarding recreational facilities, a study should be undertaken ~rm~ediately to determine the need for additional facilities, in particular, swimming and skating areas. The S.P.I.C.E, program has been successful in involving some twenty service organizations in recreational needs. In this manner, the Municipality has achieved diversified representation in deter- mining recreational requirements. I am convinced that, notwithstanding pending construction of the satellite arena adjacent to the Stamford Memorial Arena, a new recreational complex is required, preferably in the southerly area of the City. As a result of the S.P.I.C.E. program, a proposal is presently being considered for the construction of a swimming pool in the Mitchelson Park area of the City. Before She end of the current month, the members of Council will be asked to consider a proposed five-year capital budget. Careful consideration must be given to establishing priorities in order to minimize rising debenture' debt charges. To be considered immediately is the Transit Study as prepared by Acres Consulting Services Limited and the recommendations contained therein. While any attempt to minimize the amount of annual operating deficit ~ncurred by the Transit Commission is commendable, service cannot be curtailed simply because it is not self-sustaining. The principal aim is to provide a service for those who require it, not necessarily to derive a profit. Associated with this matter is the decision to continue service to the former Chippaws area and to amend Urban Service Area No. 2 in order to permit the residents to carry their share of the coat. During the 1973-74 construction season, it is expected that work will be completed on various projects undertaken ~o curtail pollution. Approximately three and one-half million dollars will be spent in the con- struction of the low lift pumping station in the former Village of Chippaws, a new high lift pumping station west of the hydro canal, together with necessary forcemains and trunk sewermains. The overall effect of this work will be to eliminate the treatment plant in Chippaws which has exceeded its intended capacity, the sewage lagoon on the east side of Stanley Avenue north of the Welland River and the settling tanks on the south side of McLeod Road on the east bank of the hydro canal. As well as eliminating an existing pollution problem, the completion of these facilities will enable further development, particuhrly in the areas south of the Welland River and in the Dr,,mmond - McLeod area. In addition to the new pollution control systema previously mentioned, expansion of water supply systems will be requir~d. Initiating this expansion will be the construction of the new five million gallon water reservoir ad]acent to the former N.S.& T. right-6f-way west of Kent Avenue. While the acquisition of additional facilities such as sewer, water, entail sizable expenditures, it is necessary that they be undertaken in order ~onmke serviceable land available for-industrial and residential expansion. The expansion of sewer and water services will no doubt require a review of the existing rates for both services within the next two years. The new development arising as s result of the availability of services will minimize the extent of any increases. I am sure that during the coming:term, this Council will become involved'in many issues effectinS the people of this City. It will be necessary to help bring to fruition projects such as the proposed new public library which it is hoped will be connenced in the spring, and to undertake thorough -4- examinations of proposals such as the report of the Steering Co~nittee of Task Force Hydra and its reco~nendation that municipal hydra commissions be rationalized into upper tier regional utility co~missions. While the formation of utility co~missions at'a regional &]~vel may be an ultimate goal of the Task Force, it would appear to be much more practical and an immediate remedy to consolidate present utility conmissions to coincide with municipal boundaries. The continuing existing of the Chippaws Public Utilities Commission to handle the supply of power to a small segment of the City seems most impractical, particularly when consideration is given to other services that are now centralized within the enlarged City. In any discussions involving utility coomissions, we must continue to speak on behalf of the basic power users. From the foregoing, it will become evident that we face a challenging period ahead. We certainly do not lack an abundance of goals at which to aim. It is the turning of these goals into achievements upon which I wish to centre my closing remarks and it is these remarks that are directed to each and every resident of the City of Niagara Falls, as well as the Municipal Council. Firstty, let us tackle the job that lies ahead with enthusiasm, for enthusiasm is contagious. We cannot build a bigger and better City in which to work and play if we are pulling in different directions. We can only achieve greatness as a team working toward a cummon goal. We live in the greatest City of the world - one that has been abundantly blessed with unequalled natural beauty - but saying say just isn't enough. proper recognition of this fact can only be accomplished through the manner in which we cooperate to make it even greater. As men are mauldud by their own actions, so also do co~mmunities or nations hold fate in their own hands. Let us here and now colleetiv~y resolve to be the masters of our destinyt Following the presentation of the Inaugural Address by His Worship Mayor George Buka~or, it was Ordered on the motion of Alderman .Smeaton, seconded by Alderman Schisler that the Mayor's address be included in the minutes of the meeting. BY-LAWS No. 73-1 - A By-law to provide for aDpointments to certain Boards, Cc~a~lsA~ans and Committees. ORDERED on the motion of Alderman Walker, seconded by Alderman Thomson that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carries Unanimously ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that the By-law be now given a second and third readinB. .- Carried Unanimously ADJOURNMENT It was Ordered on the motion of Alderman Hunt, seconded by Alderman Fera that the Council adjourn and reconvene on Tuesday, January 9, 1973, at 7:30 p.m. RFAD AND'ADOPTED, Clerk m Rayor SECOND MEETING Council Chambers, January 9, 1973. REGULAR MEETING Council met on Tuesday, January 9, 1973, for the purpose of considering general business. All Members of Council were present. His Worship Mayor George Bukstor presided as Chairman. Alderman Wallace offered the Opening Prayer. ADOPTION OF MINUTES The minutes of the special meeting of December 11, 1972 and a regular meeting held December 18, 1973 were adopted as printed. DECLARATION OF OFFICE - ALDERMAN R. KEIGHAN Mayor Bukator commented on Alderman Keighan's concern that his Declaration of Office as an Alderman may not be proper as he had unintentionally held the Bible in his left hand during the inauguration ceremonies. To eliminate any doubt, the City Clerk had administered the Oath of Office to Alderman Keighan prior to the meeting. " DEPUTATION RECREATIONAL FACILITIES - FORMER VILLAGE OF CHIPPAWA The Kinsmen Club of Chippawa requested permission for a spokesman to address Council regarding prhposed recreational facilities.fqr the former Village of Chippaws. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that M3~. D. Susin be granted permission to address Council, Mr. Susin requested Council to specify that an amount qf $50,000, allocated in the budget for recreational purposes in the former Village of Chippawn,be granted to the Kinsmen Club of Chippaws for the specific purpose of providing an outdoor artificial ice surface and building as the first phase of a sports complex on the former Starlite property on Sodam Road. In reply to numerous questions by members of Council, Mr. Susin providing the following additional information: The Kinsmen Club, with the support of the Citizens Action Connnittee and the Chippaws Lions' Club, propose to develop the property as a conununity park; the Kinsmen Club has applied for Local Initiative Program grant in the amount of $47,000 which together with the City grant of $50,000, will be used to construct the ice surface as the first stage of the project; additional funds will be raised by public subscription; it is intended to proceed with the project with or without the L.I.P. grant; the building, designed for a future second story if necessary, will house public washrooms, change rooms, equipment and storage rooms and a small concession room. Mr. Susin confi~med that the interested organizations wish to proceed with the ice surface rather than the swimming pool facilities previously considered by Council. The Recreation Director, R. Sones, indicated his approval in principle, of the project as presented. Development of the total area, he said, has been recoumiended by the Citizens' Action Committee, the Volunteer Firemen, the Lions' Club and the Kinsmen Club. He suggested the proposal be presented to the Recreation Cou~ission at their next meeting. · ORDERED on the motion of Alderman Hunts seconded by Alderman Christensen that the Chippaws KinsmenAs proposal to develop an ice skating surface and supporting building on property located on Sodam Road, be referred to the City Manager and the Recreation Conmission for a report. Communications UNFINISHED BUSINESS · AppLICATION OF D.D'ADDIO, SOUTH-EAST CORNER DRUI~OND RD.& WILLIAM ST. Keport #1 - City Clerk - Referring tothe request of D.D'Addio for a change in zoning to permit the erection of a public garage for mechanical and autobody repairs on property located at the south-east corner of Drummond Read and William Street; advising that four letters of obJection'~aud twenty-one identical letters in support of the application were received following the usual circulation of the by-law; requesting the direction of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report of the City Clerk be received and filed end, notwithstanding the objections received, Council reaffirm an earlier decision to approve the application of D.D'Addio and the application, together with the objections received, be forwarded to the Ontario Municipal Board for consideration. AppLICATION OF DAMORE BUILDERS - SOUTH-EAST CORNER ST.PAUL AVE,CflURCH'S lANE Report #2 - City Clerk - Advising that By-law 72-168 passed on September 25, 1972 will permit the construction of four multiple family dwellings on property located at the soobh-east corner of St.Paul Ave. and Church's Lane; advising further that the by-law together with the objections received were forwarded to the Ontario Municipal Board and the Board has appointed Tuesday, Feb.6,1973 at 11:00 e.m. in the Council Chambers for a hearing. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the date of the hearing be noted and the report of the City Clerk be received and filed. COMMUNICATIONS No. 1 - Ukrainian Con~unity of Niagara Falls and District - Requesting permission to raise the Ukrainian National Flag at City Hall on Jan.22, 1973 at 10:00 a.m. to connnemorate Ukraines' Independence and Unification; inviting Members of Council to attend the flag-raisinS ceremony. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that the invitation be accepted with thanks and as many members of Council as possible attend the ceremonies. No. 2 - NIAGARA FALLS FAMILY Y.M.C.A. - Requesting proclamation of the week of January 15-21, 1973 as "Canadian Y Week". ORDENED on the motion of Alderman Thomson, seconded by Alderman Marrigan that the communication be received and the proclamation be approved in accordance with established policy. No. 3 - Ontario Good Roads Association - Re: 7~ Anniversary Convention, Toronto, February 26 and 28, 1973. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the connunication be received and filed and Alderman Hunt, one other member of Council and five members of the Engineering Department be authorized to attend the Ontario Goods Roads Conference. Naming of the second member of Council to attend the Conference was deferred pending an indication of interest by any member. The motion Carried with Aldennan Puttick voting contrary and all others in,layout. No. 4 - Ontario Good Reeds.Association - Seminar for Councillors, Ontario Good Roads Convention, Monday, February 26,1973, Toronto. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the communication be received and filed and any member of Council expressing an interest in attending the one-day Seminar be authorized to do so. The motion Carrie_...~with Alderman PuStick votix~ contrary and all others in fayour, No. 5 -.Task Force on Policing in Ontario - Advising that the Task Force will study the needs, reso~ces and application of police services in O~tsrio during the cominS years; advising further that hearings will be conducted throughout the Province with.the location of such hearings determined by the prior submission of witten briefs no later than February 1, 1913. Task Force on Policing - Contd. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the communication be received and referred to the Regional Municipality of Niagara requesting the Region to submit a brief on behalf of area municipalities. . In response to a suggestion by Alderman Thomson, the City Manager indicated that he, in conjunction with the Superintendent of Police, would submit comments to Regional authorities for possible inclusionin. the brief. No. 6 - Town of Fort Erie - Requesting endorsation of a resolution petitioning the Provincial Government to establish the first Monday of November as the date for municipal elections. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wallace that the communication be received and the resolution of the Town of Fort Erie be not endorsed. No. 7 - Town of Pelham - A resolution requesting the Ontario Good Roads Association to petition the Ministry of Transportation and Communications for increased subsidies. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the communication be received and filed and the resolution of the Town of Pelham be not endorsed. REPORTS No. 3 - Planning Administrator - Re: AM-26/72 Admiral Motel, 5911 Clark Ave. The fezcuing application will allow the owners of the Admiral Motel to use the bottom portion of the building ironling on Ferry Street for the purpose of a motel office and store. The amending by-law will also permit a lot, located south of the existing motel, to be used for tourist commercial purposes. The report advises that the site plan and conditions for the site plan agreement have been approved by the Site Plan Technical Cor~uittee and the Staff Management Committee. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the advisory report be received and filed. See By-law No.73-7 No. 4 - Planning Administrator - Re: AM-6/71 Stamford Green Investments Ltd., west side of Portage Road North. Advising that the proposal is to legalize a non-conforming uae of property which is part of the Town and Country shopping plaza and includes a Shell service station; advising also that the site plan and agreement were considered and approved by the Site Plan Technical Committee and Staff Management Committee. The agreement provides that any future changes in the building or driveways of the service station will be subject to Council's approval of a revised plan. ORDERED on the motion of Alderman Thomson, seconded By Alderman Hunt that the advisory report be received and filed. See By-law No. 73-9 No. 5 - City MariaSet - Re: Lundy's Lane Widening at Montrose Road. Noting that a portion of land in front of property owned by the City at the north- east corner of Lundy's Lane and Montrose Road, previously expropriated for rounding the corner, was not officially established as a public highway; advising tha~ inasmuch as Lundy's Lane and Mootrose Roads are now Regional roads, the Region has requested the City to convey the land to the Region followinS which the Regional council will pass s by-law to establish the -lands as a ~ubl~c highwayx ~econ~nending that the request be granted and the land conveyed to the Regional Municipality for a nominal con~ idaration. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. , See By-law No.73-5 No. 6 - City Manager ~ Re: Bridge Street - Stanley Avenue Intersection. Referri~S to an earlier decision of Council to authorize the Region to proceed with the necessary improvements at the intersection of Bridge St. and Stanley Ave.; advistnS the Region has now accepted a tender for the proposed road wideninS, curb reconstruction and sidewalk relocation; recommending that the by-law appearing on the agenda be approved. ORDERED on the motion of Alderman Hunt, seconded by Alderman Hsrrigan that the report be received and adopted. See By-law No. 73-6 -4- Reports (~°nt'd)na er - Re: purchase of a 5-acre parcel of land in the former for park purposes. Advxsing that the transaction was completed in December, 1972 and a by-law to'approve and ratify the acqutsi- hi . tion of the land is included in the agenda. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the advisory report of the City Manager be received and filed. See By-law No.73-3 No. 8 - Git Mama er - Re: Acquisition of land required for outlet for of Garden St. and Brookft land owned by Mr. and Mrs. Ross Weaver on the north side lying between the north limit of Garden St. and the southeasterlY limit of the H E P C power canal reserve land; advising that the property owners have fo~ the appraised value reque~t~d't~t the City purchase the land outright of $225.00 plus legal fees in the amount of $75.00. The by-law to authorize the perchase is listed on the agenda. ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson that the advisory report be received and filed. See By-law No. 73-4 No. 9 - City Manager ' Re: By-law for Restriction of Heavy Traffic. Reco~nding that By-law No. 1011 - 1956 of the former VilAage of Chippaws prohibiting heavy traffic on Sarah Street be repealed immediately; reco~nending further that if Council is of the opinion that heavy traffic be prohibited from Sarah St., Staff be directed to include the street in Schedule "A" of By-law 72-163 which prohibits heavy traffic on certain roadways within the City. It was noted that according to the provisions of By-lsw No. 1011, trucks weighing five tons or more are prohibited on Sarah Street including road graders for snow ploughing, garbage packers,etc-; By-law 72-163 describes ,,heavy traffic" as vehicles weighing 10 tons. ORDERED on the motion of Alderman puttick, seconded by Alderman Christensen that the report of the City Manager be received and adopted. The City Engineer indicated that heavy traffic restrictions on other roadways will be dealt with as the need arises. Several years ago, he said, a proposed by-law setting out various truck routes (basically Regional roads) was set aside by Council. At the present time all Regional roadways allow truck traffic. information regarding the previously suggested truck routes will be made available to Council. No. 10 - City Mama8er ' Re: international Asphalt PaviBg Conference,Bermuda, February 21 - 25,' 1973. Advising that a special invitation has been extended to the City Engineer, R.W.Rodman to present the views of the smaller cities on theMaintenance-Management System relating to roadway construction and a performance review of pavement resurfactng techniques; recommending that Mr. Roaman be authorized to represent the City at the Conference. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. No. 11 - City Manager - Re: Housing and Urban Development Assoc~ convention' January 28 to 31,1973 in Toronto. Reconmmending that the Building Inspector be authorized to attend. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. No. 12 - Lottery Licensing Officer - Recommending approval of a~plications to manage sod conduct Bingo Lottery series for the year 1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted. ' No. 13-Lottery Licensing Officer - Reco~mending approval of applications to marmac a~d conduct p~ffle"totteries. ORDERED on the motion of Alderm~nMann, report be received and adopted. seconded by Alderman Munt thet the -5 - Reports (Cont'd) No. 14 - City Clerk - Recommending the granting of Municipal Licences. ORDERED on the motion of Alderman Schisler, seconded by Aldernmn Smeaton that the report be received and adopted and licences granted. No. 15 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the report be received and adopted. No. 16 - City Manager - permits issued by the Building Department for the month of December, 1972. Mayor Bukator drew attention tothe total figures which indicate an increase of 4~ million dollars in the value of building permits since 1968. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and filed. NEW BUSINESS COMMENTS OF ALDERMAN KEIGHAN Alderman Keighan commented on the discrepancy between the City's cormnercial and industrial assessment and the value of building '- permits issued. In 1971 assessment was less ~by~ one million dollars while the report presented to Council indicates building permits i~sued in the value of seventeen million dollars. The Alderman predicted serious problems if assessment figures continue to drop while municipal spending increases. For the benefit of the new Cquncil members, he requeated a report, in layman's language, setting out what the Council and the taxpayers are committed to by way of capital expenditures. He stated that approximately 3~ million dollars, not yet reflected on tax bills, is being spent on new projects ~uc~d~it~on tobthe~ib~ary~satellite arena and a water reservoir. Alderman Keighan asked that the report also indicate the amount already contributed to the ExpanSion and Renewal Fund by subdividers for the expansio~ of sewer and water systems and why the fund is not used for the purpose for which it was designed. In respect to assessment, the City Manager stated that due to re-evaluation, the method of assessment will change in 1975 but, in the meantime, the City is working with the existing system which is not satisfactory. During the past two months, he said, several ~eetings have been held with assessment branch officials to clarify several · matters and it is believed a neWlY-adoPted system of reporting between the City and the Province will improve the situation. Although some figures are not as yet obtainable from the Region, Mr. Price his repQrt will give as good an indication as possible of the projected capital debt, debt charges and mill rate-increases. STREET LIGNTING- LYON'S CREEK ~OADi~L,A~ ~Y0~ ~m~E~ In reply to questions by Alderman Hunt, the City Engineer advised that no reply has been received from the Welland B~anch of Ontario Hydro in respect to the suggested lighting of Lyonis Creek Parkway and Lyon's Creek Road. The matter will be followed up by staff members. SKATE SHARPENERS - NIAGARA FALLS ARENA Alderman Christensen reported that a representative of the local Minor Hockey Association had approached him about the possibility of pro- riding skate sharpening services at the Niagara Palls Memorial Arena. He pointed nut that during a recent tournament, the service was not available for participating teams in the early morning hours. The suggestion was referred to the City Manager. SUGGESTIONS TO HONOUR FORMER MAYOR F. J. MILLER Alderman puttick suggested that a park on Robinson Street, now known as Grey Park, be re-named to henour farmer Mayor Franklin J. Miller. Alderman Thomson suggested that either the new satellite arena or the proposed co~munity park in the former Village of Chippaws could be named in honour of the former Mayor. Mayor Bukator said that his first item of business as Mayor was to write to the former Mayor commending him for his many years of excellent service to the City and the public. A motion by Alderman Puttick, seconded by Alderman Harrigan to refer the suggestions to the City Manager and the City Clerk for consideration and a report Carried unanimously, "SIGHT POLLUTION" Alderman Thomson referred to Mayor Bukator's inaugural speech in which he indicated his intention to establish improved relations with the City of Niagara Falls, N.Y. The Alderman noted that some time ago Mayor Lackey had arranged a meeting of the two Councils and it was understood that Niagara Falls,Ontario would reciprocate but this has not been done as yet. As Council's representative to the Niagara Parks Commission and as a member of a committee studying sight pollution on both the United States and Canadian side of the Niagara River, Alderman Thomson suggested that His Worship Mayor Bukator arrange a similar meeting as soon as possible. It was moved by Alderman Thomson, seconded by Alderman Smeaton that Mayor Bukator be requested to arrange a joint meeting of the Councils of Niagara Falls, Ontario and Niagara Falls, New York and the planning boards, industrial committees and Chambers of Commerce of both con~nunittes. The motion Carried unanimously. FINANCING OF 1976 OLYMPICS Alderman Puttick expressed his concern about the reported expendi- ture of $500 million dollars of tax money to finance the Olympic Games in Montreal in 19~6. The Alderman voiced his objections to the City contributing any funds whatsoever to provide housing for competing athletes. It was his opinion that if monies were available they should be used for more worthy projects such as urban renewal, the welfare of senior citizens, etc. It was then moved by Alderman Puttick, seconded by Alderman Mann that the City Clerk be directdd to prepare a resolution to decry the amount of money to be expanded for the 1976 Olympics and to suggest that the government establish more acceptable priorities for use of the funds. The motion Carried unanimously. The resolution will be presented for the consideration of Council at a future meeting. POLICE BUILDING AND PROVINCIAL COURTHOUSE Alderman Wallace requested the City Solicitor to provide written information as to whether it is the responsibility of.the City Council or the Regional Council to provide the land a~d/or building for a new police building and provincial courthouse. He also asked the City Manager to prepare a report setting out the history of the project and stating the amount the City has already spent for architectural plans and specifications and the present ownership of such plans and specifications. The Alderm~n asked for further information concerning the City's acquisition of land in the Huron,Morrison,0ntario,Erie Avenue area; the purchase price of the acquired properties and the status of negotiations for the remaining properties. He enquired if City funds were used to purchase the properties or if any portion was paid by the federal government through an urban renewal program. Alderman Wallace asked if the City had made a~plication for urban renewal funds and requested details and status of the application. The Alderman explained that inasmuch as Council will become involved in a proposed five-year capital budget, he wanted to know where this partLcular project fitted into the proposed budget. Council approved the request for a report on the motion of Alderman Wallace, seconded by Alderman Thomson. Alderman Puttick noted that plans had been prepared and reviewed by the Superintendent of Police and suggested a letter previously received from the R~gional Police Co~ntssion in regard to the selection of a site be made available tothe new members of Council, - 7- New Business (Cont'd) SPECIAL MEETING - CAPITAL BUDGET DISCUSSIONS It was moved by Alderman Walker, seconded by Alderman Smeaton that the meeting of Council scheduled for January 15, 1972 for the purpose of considering the Capital Budget, be an open public meeting. The motion Carried unanimously. BY-lAWS No. 72-172 - A By-law to authorize the construction of a storm sewermain on Murray Street extended and an outfall to the Niagara River as an extension and improvement to the existing sewage system in the Urban Servi~e Areas of the City. (The By-law received a first and second reading on September 25, 1972) THIRD READING - Alderman Hunt and Alderman Man. Carried Unanimously No. 72-181 - A By-law to authorize the construction of improvements and extensions to the sewage system in the Urban Service Areas of the City. (Storm sewermain on Dorchester Road from Caledonia St. to Douglas St. and on Caledonia St. from Dorchester Rd. to Hater Ave. The By-laW was given a first and second reading on October t0th,1972) THIRD READING - Alder~nanMann and Alderman Schisler. Carried Unanimously No. 72-214 - A By-law to approve an application of The Niagara Falls Public Library Board for the issue of debentures in the principal amount of $1,400,000. (The by-law was given a first and second reading on November 27, 1972) THIRD READING - Aldernmn Schisler and Alderman Hunt. Carried Unanimously No. 73-2 - A By-law to authorize the borrowing of $4,000,000.00. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 73-3.- A By-law to authorize the acquisition of land in ~he former Township of Crowland for park purposes. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderm~n Schisler be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the By-law be now given the second and third reading. Carried Unanimously -8- By-laws (Cont'd) No. 73-4 - A By-law to authorize the acquisition of land required for ~he Br~kfield Avenue storm sewermain. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 73-5 - A By-law to authorize the conveyance of land to the Regional Municipality of Niagara. (Northeasterly corner of Lundy's Lane and Montrose Road) ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that Aldernmn Smeaton be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 73-6 - A By-law to authorize the conveyance of land to The RegionaY Municipality of Niagara. (Southeasterly cOrner'of Stanley Ave. and Bridge St.) ORDERED on the motion of Alderman Runt, seconded by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the By-l~w be now given a second and third reading. Carried Unanimously ~o. 73-7 - A By-law to authorize the execution of a site plan agreement with Paul Roffner and others. (Admiral Motel, Clark Ave.) ORDERED on the motion of Alderman Themson, seconded by Alderm~n Schisler that Alderman Fera be granted leave to introduce the By-law and the By-law be given the ~ir8~ reading. -. Carried Unanimously ORDERED on the motion of Alderm~n Fera, seconded by Aideman Hunt that the By-law be now given the second and third reading. Carried Unanimously No. 73-8 - A By-law to amend By-law No. 5335, 1955, as amended. (Admiral Motel, Clark Avenue) ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that Alderman Walker be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimous.ly - 9 - By-taw No.73-8 (Cont'd) ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that the By-law be now given a second and third reading. Carried Unanimously No.73-9 - A By-law to authorize the execution of a site plan aguemerit ~with Stamford Green Investments Limited. (Westerly side of Portage Road, Town and Country Plaza) ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimously No. 73-10 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of NiagaraFalls, as amended. (Stamfor~ Green Investments Ltd., Westerly side of Portage Road) ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Alderman Thomson be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Aldermen Fera that the By-law be now given the second and third reading. Carried Unanimously No. 73-11 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously ADJOURNMENT The meeting adjourned at 10:15 p.m. on the motion of Alderman Thomson, seconded by Alderman Hunt. READ AND ADOPTED, Mayor THIRD MEETING Committee Rooms 2 & 3 January 15, 1973. SPECIAL COUNCIL SESSION Council met in open session on Monday, January 15, 1973, at 7:30 p.m. for the purpose of discussing a Five Year Capital Budget Forecast. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present with the exception of Alderman Puttick. CAPITAL BUDGET ~ SUPPLEMENTARY INFORMATION The City Manager, S. R. Price, explained the purpose of the report was to give Council an over-view of the City's position and the projected five year capital budget program. The report indicates a tax supported debt of approximately $18,500,000 and a self sustaining debt of $4,200,000 resulting in a total debt of $22,700,000 to which the City is comuitted as of December 31, 1972. An analysis of tax supported City debt indicates the outstanding debt forecast at the end of the years 1973 to 1977, mostly for projects already approved. Mr. Price noted the outstanding City debt forecast at the end of 1973 is $9,686,000 and includes an amount of 1.4 million dollars for the new library. In reply to questions by Alderman Keighan, the City ~anager sei~ the report indicates the Council-controlled debt and does not include the education debt, the figures for which are not available at this time. There are no nmjor expenditures for schools in 1973, he said, and there has been a substantial decrease in school board budgets for the past two years. The Deputy Treasurer, R. Lewis, advised that items for which the City is entirely responsible include pollution control, waterworks, sanitary sewers and pumping stations. The City's portion of the cost'of other regional projects such as major roadways and municipal buildings-is basically 21% according to the ratio of tax assessment which varies each year. The City has control over projects within the municipality; on Regional undertakings, such as bridges, liaison is provided through the City's representatives on the Regional Council which includes Mayor Bukator. The Region is responsible only for the facilities that are allocated under Bill 174. At present the municipality must operate under existing assessment systems, Mr. Price said. In 1975 when equalization is completed, the market value assessment will be in effect. It was noted that the City of Niagara Falls is below the suggested debt limit and is not in a critical position financially. The City has the second lowest mill rate in the Niagara Peninsula. A comparison of mill rates for debt charges provided by the Deputy Treasurer, indicates 12 mills for Niagara Falls, 15 mills for Port Colborne, 12 mills for St.Catharines and close to 15 mills for the City of Welland. Expressed as a mill rate, the City's tax supported debt charges total 7.7 mills, being 4.6 mills for City General and 3.1 mills for urban service areas. The 1973 budget and future budgets will be in relation to that figure. The total estimated tax supported debt charges for City debt and City supported regional debt in the General Area and Urban Service Area is $1,726,000 which includes 3~ million doll rs for the southend sewer system and all other projects that have been approved and are under construction. The mill rate for all tax supported debt charges is 11.9 mills. The report also provides an analysis of debt supported by water rates. The 1973~1977 Regional debt supported by Niagara Falls water rates is not available at this time. - 2- 1973 CAPITAL BUDGET The total capital budget for all purposes is $2,525,000. A statement of unfnnded capital works as of December 1972 refers to projects approved but not funded as well as projects approved but not commenced. Included are roads, storm sewermains, sanitary sewermains, local improvements, water as well as such items as the new library, arena and structural reinfor~ement~ of the Niagara Falls Arena. It was pointed out that the budget when passed by Council, will be forwarded to the Regional Municipality to be consolidated with the budgets of other area municipalities. Following Regional approval, the consolidated budget is forwarded to the Ontario Municipal Board. The Board's approval is limited to expenditures for the current year. For this reason, staff members, for the most part, restricted thei~ connnents on the details of the capital budget to the years 1973 and 1974. ROADS The City Engineer, R.W.Rodman, explained that the estimates given are preliminary engineering estimates only. When works are required, the item must be presented to Council with a full engineering report and detailed costs. A by-law must be passed for each project. Re pointed out that major roads in the municipality are regional afterisis and there are not too many large capital works that are within the City's jurisdiction. In reply to Alderman Keighan's concern about the City's obliga- tion to pay 21% of all regional roadwork regardless of the municipality in which construction or reconstruction takes place, Councillor Mitchelson sta~ed that regional roads are discussed by the Regional Public Works and Utilities Conmittee which attempts to spread the work over the entire Region. Alderman Thomson saggeared that the City seek the snpport of area municipalities of a resolution petitionleg the Regional Council to consider · a five or ten year works program so that each municipality wo~ld be assured of s fair allocation from the Region. While agreeing with the validity of the suggestion, the City Engineer suggested that the problem is the Region does not have a five year budget forecast for roads at this time. Eventually the Region will get into a planning program whereby each municipality will be more aware of the individual works going on throughout the Region. This will allow more co-ordination of underground and road projects. Alderman Wallace noted that during the next two years, apart from local improvements, the only roadwork suggested is on Morrison Street from Victoria to Cryslat and from Cryslat to Erie Avenue. The Alderman questioned the priority given to Morrison Street. The City Engineer explained the roadway is in poor shape, has exceeded its lifetime and requires reconstruction to collector standards. The Morrison St.alignment frnmStanley Ave. westerly is a Regional responsibility end money has been allocated in the Regional budget to construct Morrison St. from Dorchester Road to Dr,wnmond Road. The bridge across the H.E.P.C.Canal will be a Regional responsibility. It is also anticipated that Mg~r,l~son St. when extended across the Q.E.W. will be a Regional roadway. ... BRIDGES Three bridges are proposed for 1973 and construction by-laws will be required: 1) Portage Road bridge over the C.N.R.near Rainbow Dairies; .2) Robinson St. bridge and 3) Portage Rd. bridge over th~ H.E.P.C.Canal. The City Engineer advised that the Portage Road bridge over the C~N.R.railway presently has a five-ton limit. Consultants have been enraged and eventually the road will be to collector ~oadway standards under City Jurisdiction. To date, the Regional Hunicipslity has not accepted' the City's scheme for bridges over the H.E.P.C. Canal. 'Once a decision has been made, th width of the Portage Rd. bridge can be investigated. The City has an agreement with Hydro whereby the Hydro Commission pays the City's share of the con- struction cost of the bridge itself. Consultants have been retained for the desi8n work and it is proposed to proceed with this work and negotiate with the Region as to the width of the structure. This bridge now has an 8-ton load limit in effect. - 3 - Bridges (Cont'd) The Robinson Street presently has a load limit. An application has been submitted to the Canadian Transport Commission for a proposed cost-sharing arrangement. Permission has been granted to give estimates to the Ministry of Transportation and Communications. The municipality gets involved in about 20% of the cost after subsidy. The City's consultants have prepared preliminary designs for the proposed bridge. PARKING LOTS H.A.Lamb, Projects Engineer, noted that three lots are proposed for 1973: 1. Main Street lot 2. A lot at Crysler and St. Clair Ave. and 3. Lot at Erie Ave. and Ontario Ave. It is intended that the charges resulting from the issue of debentures will be paid for by businesses within the specific benefit areas of the City and not by the general taxpayer. Businesses in the downtown area are presently paying the actual cost of two existing parking lots on Huron Street and the same specific area charg~s~are suggested for the three lots proposed in the budget. The Main Street lot will be located behind the Main St. liquor store. The parking lots to the rear of the liquor store, the bank and other establish- ments have been studied and appraisals nmde. Staff is presently determining the exact cost of acquiring the properties. Estimates will then be completed and permission sought to pass a by-law and approve the spegial assessment arrangements . Between Crysler and St. Clair A~e. is an existing parking lot which provides free parking at this time. The acquisition of one duplex house facing St.Clair Ave. is being investigated. Lots to the rear of all businesses in the total block will be improved, landscaping undertaken and the control of entrances improved. The City owns some property near the ramlway spur which runs from Erie Ave. towards Ontario Ave. It is proposed to acquire additional property if it 'is available and re-surface and impr,ove the area to provide more parking. The program for the year 1974 includes the establishment of parking lots on Park Street between Ontario and St. Clair; Huron St. between Crysler and St.Clair and on ParkqS~i between St.lawrence and Crysler. STORM SEWERMAINS T. A. Rankin, Design and Construction Engineer, briefly reviewed the R.V.Anderson report and the various sewers recon~nended to solve existing problems and' to provide for the future expansion of the City. On tabled maps he indicated the location of various watercourses running generally north and south of Thorold Stone Road and west of Montrose Road. - In 1973, it is proposed to extend Shriner's Creek W-5-1 watercourse further west to tie into the W-5-2 watercourse and the City is in the process of buying land for the necessary improvements required to service land east of the Q.E.W., existing streets in the Dorchester Road area and plans of subdivision proposed for the area. The budget also includes monies for the pur- chase of land along the W-5-4 watercourse. A storm sewermain is proposed along Montrose Road from Lundy's Lane to Watson Street. The Region will pay the costs of s facility to service a 66 foot road allowance; if the municipality desires to service more than the road allowance, it will be necessary to pay the additional cost. The budget provides an amount of $50,000 for this item. Questioned about an 84" storm sewer to be built from the Canal to Stanley Ave. South of the pollution plantMr~Rankin advised that the facility wou~d eventually provide an outlet necessary for the development of lands north of Riall St. and south of Mountain Road as well as decreasing atom water going into the treatment plant. Mr. Rankin also reviewed the projects proposed for future years. -4- In reply to questions posed by Alderman Keighan, the City Engineer stated there are monies in the Expansion and Renewal Funds most of which are connnitted to date. Consideration is being given to using the remaining funds to provide services to sn area east of the Q.E.W. and for a watercourse along the Penn Central right-of-way from Stanley Ave. to the Canal. Fir. Rodman said it is preferable to use the Expansion and Renewal Funds to meet crises and confirmed that both the Expansion and Renewal Funds and funds available under the provisions of By-law No. 7611 are used for the purposes intended. SANITARY SEWERMAINS A sanitary sewermain will be constructed on Wiltshire Blvd. from Oxford to the South Limit and $100,000 have been allocated in the 1973 budget for this purpose. Soil problems have made it necessary to expend monies to repair the existing sanitary sewer and it is suggested that plastic liners through the sewer will alleviate this problem. In addition, it will be racesgary to build a second sanitary sewer to pick up individual laterals from homes. Notification has been received the Region intends to recon- struct Main St. in the former Village of Chippaws and it is considered advisable to replace old sewers on Main St. from Sarah St. to SodomRd. at this time. FIRE DEPARTMENT Anew station is required in the area of McLeod Road and Dorchester Road to replace the Dunn St. station. Council will be con- sidering the purchase of land and $15,000 has been allocated in the budget for this purpose. No land appraisals have been undertaken at this time. With an objective of completing the station in 1974, $150,000 has been placed in the budget. In 1975, it is estimated a small addition to the Morrison Street station will be required and in future .years a new station will be proposed for the area of Kalar Road north of Lundyls Lane. When asked to comment, the Deputy Chief S. Thomson advised that according to a Fire Marehall's survey in 1962, s replacement for the Dunn St. station was to be provided by the year-1966. The suggested .location in the McLeod Rd.-Dorchester Rd. area is considered ideal to service the south end of the City and property should be acquired while it is still vacant. MISCELLANEOUS LOCAL IMPROVEMENTS Local improvements include sanitary and storm sewers where they are non-existent; reconstruction and improvements to existing roadwsys; curbs and gutters and sidewalk construction on local streets. At a~future meeting s report regarding the 1973 Local Improvement Program will be pre- sented to Council and a budgeted amount of $300,000 is considered sufficient.: Some of the work involves storm sewers on St.John, Colborne and St,Peter Streets and sidewalks on Buchanan St. fromMurray St. southerly.'and on Wills Street. MARKET BUILDING - PARK STREET The Planning Administrator said that originally the urban renewal scheme provided for a market building in the area of Park Street and Cryslat Avenue. The City proposes a more economical, two-phased plan: 1) Improve a vacant lot at Park St. and Cryslat Ave. and move what was the original market building; 2)to acquire an existing duplex house on St.Clair Ave. and establish a small mall on St.Clair Ave. north of Queen St. The 'plan is to provide a market building, sized to demand, in the first phase and establish parking areas in a fashion that will permit open stalls. - 5- RECREATION COMPLEX As a result of discussions with Council last year, an amount of $330,000 was allocated in the current year's budget for a recreation complex somewhere in the City. There is still a question of where the complex should be located. The Recreation Director, R. Sones, made reference to informa- tion made available to members of Council regarding the S,P.I.C.E. program which provided an o~pottunity for service clubs to participate in discussions regarding recreational facilities in the City. A recreation study previously submitted listed priorities which included an ice surface for 1972 and also a swin~ning pool in the Stamford area. Mr. Sones said that although it was not possible to specify what the recreation complex will be, the designated amount in the budget would permit al.thorough study by all interested groups.and the development of a type of recreation facility to meet the needs reconmended in the recreation study. Mr. Sones also conunented on the advantages of dual purpose facilities such as double rink surfaces, a pool and rink, schools and parks, etc. The City Manager indicated that approval of the allocation would make it possible for all interested groups to make plans, select a location and make a recommendation to Council. HYDRO BUILDING An allocation of $400,000 for a new Hydro Conmission building appears in the 1974 budget by which time a decision will have been nmde regarding a regional hydro commission as reconE~ended by the Task Force. PARK LANDS The Planning Administrator suggested that with the approval of Amendment ~43, the City is now in a position to allow development in three new areas of the City: 1) south of Chippawa; 2) south of Lundy's Lane, west of the Q.E.W.; 3) west of the Q.E.W., north of Lundy's Lane. Secondary plans are being prepared for these areas. As indicated in the study "Environment for Tomorrow", a new park is desirable in'the north-west planning district and the capital budget provides for a 30-acre park in that area. TRANSIT COMMISSION Alderman Keighan comnented on the financial position of the Greater Niagara Transit Con~nission and the cost of servicing equipment because of the lack of maintenance facilities. It is expected the Transit Study will include a recormnendation that the City construct a maintenance building for Transport Commission vehicles and it was noted that grants for transportation purposes are now available and would provide 75% of the cost of such a project. It was then moved by Aideman Keighan, seconded by Alderman Christensen that an amount of $150,000 be placed in the 1974 Capital Budget {oward the construction of a maintenance building for, transportation purposes. The motion Carried unanimously. WATER DEPARTMENT Watermain construction costs become part of the water charges and do not affect the mill rate. The proposed replacement of watermains on Main St. from Willoughby Drive to Sodom Road ties in with reconstruction of Main.' St. by the Region as well as a report prepared for the Region by Gore and ~tOr~x[eregarding the water requirements in the entire City of Niagara Falls. Watermain construction along the east Q.E.W. service road fremMcLeod Road to the existing main is also indicated in the 1973 budget. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the Capital Budget for 1973, as presented, be approved and forwarded to the Regional Municipality of Niagara, The meeting adjourned on the Thomson, seconded by Aldemaan IIF~D AND ADOPTED, Hayor FOURTH MEETING Committee Rooms 2 & 3 January 16, 1973. SPECIAL COUNCIL SESSION Council met in open session on Tuesday, January 16, 1973, at 7:30 p.m. His Worship Mayor George Bukator presided as Chairman. All members of Council were present with the exception of Alderman Puttick. Also in attendance: Mr. Dennis Semkiw,Canadian-British Engineering Consultants Ltd. Mr. Bruce Creamer, Ministry of the Environment Mr.George Doust, Ministry of the Environment In June 1972, the City Council engaged the firm of Canadian-British Engineering Consultants Ltd. to investigate certain problems existing at the sanitary landfill site situated on the north-east corner of Mountain Road and Montrose Road. Mr. Semkiw outlined the reasons leading to the preparation of the report as prepared by his firm and made available to members of Council. The problem necessitating the preparation of the report was created by the drainage of leachate from the sanitary landfill site into the headwaters of Six Mile Creek. In order to minimize the flow of effluent into the Creek, the municipality constructed storage facilities in order to collect the leachate. This system had minimal effect. It has now become necessary to extend the ~ landfill operation onto adjacent lands and the Ministry of the Environment has expressed reluctance to issue the necessary permit until some indication lis received from the municipality that an effort will be made to reduce or eliminate the entry of leachate into the Six Mile Creek. · In-their report,-the Canadian-British Engineering Consultants propose a system of subdrains for the collection of the flow of leachate from the existing and proposed fill area; the construction of a pumping station at the sanitary landfill site and forcemain to the existing sewermain at the intersection of Mountain Road and Whirfield Avenue. Alderman Thomson noted that the ,Regional Municipality of Niagara has authorized a $60,000 study respecting a sanitary landfill area and it may be that the consultants will reconanend the abandonment of the Montrose Road site. He suggested that the present site was not suited for a landfill area because of the high water table. It was his opinion that adoption of the report and the expendi- ture of funds for the proposed construction of the pumping station and forcemain could be premature at this time and should be postponed until the contents of the Regional report are known. Mr. Creamer indicated that the municipality would require a certificate of approval for the extension of the existing operation. The City Engineer conznented on the urgency of the situation and stated that if the report was adopted at this time, he would hope the pumping station would be constructed in 1974. Following considerable discussion it was moved by Alderman Wallace, seconded by Alderman Walker that the report on the extension of the landfill site as prepared by Canadian-British Engineering Consultants Ltd., be accepted and, further, that city officials be authorized to apply to the Ministry-of the Environment for a permit to extend the limits of the present sanitary landfill site. The motion Carried with Alderman Thomson voting contrary and all others in favour. DOWNTOWN BUSINESS IMPROVEMENT AREA Report No. 17 - City Manager - Providing background information relative to the appointment of two Aldermanic representatives to the Board of Management, Downtown Business Improvement Area. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that Aldermen Thomson and Christensen be appointed as Counctl's representatives on the Board of Management, Downtown Business Improvement Area. - 2- COUNCIL COMMITTEE MEETINGS In a memo to His Worship Mayor Bukator, the City Clerk provided information regardihg the reasons for the adoption of the Council Committee meetings and emphasized the value of informal discussions on major items. The following procedure was suggested: 1. Formal Council Meetings on alternate Mondays. 2. On the off Monday, Council conduct research and analysis sessions to which the press and public will be invited. The meetings will be completely open but will be less formal and held in Committee Roems 2 and 3. No limitation will be placed on the press with respect to reporting. 3. When discussion is required on such items as litigation, personnel matters. union negotiations, etc. these matters to be discussed in Committee-of-the- Whole'sessions, held in camera. The suggestions were unanimously Carried on the motion of Alderman Keighan, seconded by AldermanChristensen. ' The meeting adjourned at 9:30 p.m. on the motion of Alderman Thomson, seconded by Alderman Hunt. READ AND ADOPTED, Mayor FIFTH MEETING REGULAR MEETING Council Meeting, January 22, 1973. Council met on Monday, January ·22, 1973, for the purpose of considering general bus iness. His Worship Mayor George Bukator presided as Chairman. All MQmbers of Council were present with the exception of Alderman Puttick. ADOPTION OF MINUTES Alderman Keighan requested that the minutes of the January 9th meeting be amended to indicate the intent of his remarks regarding connnercial and industrial assessment. The Alderman had stated that the 1971 assessment was "less by one million dollars" rather than "less than one million dollars". The Alderman had also noted that approximately 3~ million dollars, not yet reflected on tax bills, is being spent on new projects "in addition" to the library, the satellite arena and a water reservoir. Alderman Hunt referred to comments made by him during the January 9th meeting regarding street lighting and advised that his enquiry about the installation of lights was in respect to lighting on Lyons Creek Road rather than the Lyon~ Creek Road - Lyon~s Creek Parkway intersection as recorded in ." the minutes. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the minutes of the Council meetings held January 8th., January 15th and January 16th, 1973 be adopted as printed; further that the minutes of the January 9th meeting be adopted as printed with corxections on Page 5, Lines 17 and 43. · DEPUTATION MR. RUDOLPH H. MEUSER Mr. Meuser had requested permission to address Council on the subject of "Municipal Elections~' The request was approved on the motion of Aldernmn Mann, seconded by Alderman Schisler. Mr. Meuser asked Council to support the suggestion that the date of' future municipal elections be changed from the first Monday in December to an earlier date. He commented on the advantages of an earlier election: better weather conditions resulting in greater turnouts at the polls and campaign meetings; for the convenience of elderly citizens; to complement the City's annual Civic Month activities and to avoid the busy Christmas season. Mr. Meuser suggested that the City pass and circulate a resolution asking the provincial government to establish the first Monday in October as the date for future municipal sleetions and an appropriate change in the governing years. It was then moved by Aideman Themson, seconded by Alderman Mann that Mr. Meuser's submission be referred to the City Clerk for a report. The motion was Defeated with the following vote: bY.E: Aldermen Fera, Mann, Keighan, Thomson. NAYE:Aldermen Christensen, Hunt, Harrigan, Smeaton, Schisler, Wallace and Walker. UNFINIB}~D BUSINESS ONTARIO HYDRO LANDS - GRASSY BROOK AREA Report ~ 537 - City Manager (October 10, 1972) - Re: Ontario Hydro Lands,Part of Lots 9 and 10, WRBF Concession, Twp.of Willoughby (Grassy Brook Area). Outlining the conditions under which the Hydro Commission will sell the land and noting the cost to the City would total $10,050 for the 40.20 acre' parcel and $1,630 for the 3.26 acres. Council adopted the recon~endation that the City purchase the property and approve the conditions of sale. Report ~18 - City Manager - Co~enting on the necessity of passing the required by-law for the acquisition of the Grassy Brook site from Ontario Hydro; recommending approval of the by-law and that the municipslity convey to Hydro officisls appreciation for the manner in which priortry was given to the City for the purchase of the lend. ORDERED on the motion of Aldevnmn Thomson, seconded by Alderman Smeston that the report be received and adopted and the City purchsse the described property as soon as possible. SEE BY-IAW NO. 73-1~ - 2- COMMUNICATIONS No. 8 - Chamber of Conmerce - An invitation to members of Council to attend Board of Directors meetings on a rotating basis; submitting a schednle of monthly meetings. His Worship Mayor Bukator had artended the January 18th meeting on behalf of Council and a survey indicated that Aldermen Wallace, Hunt, Keighan, Hsrrigan, Fera, Thomson and Walker would attend the Board meetings on a rotating basis. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that -the communication from the Chamber of Connnerce be received and filed. REPOR~ No. 19 - City Manager - Re: Proposed Plan of Subdivision, Pt. Twp.Lot 79, (Monroe) 27T-22812. Recommending approval of a draft plan of subdivision subject to seven conditions enumerated in the report. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 20 - City Manager - Re: Proposed Plan of Subdivision, Part of Twp.Lot 178 (Woodbridge Acres),File No.27T-23449 located south of McLeod Road 4mmediately adjacent to the east bank of the Hydro Canal; recommending preliminary approval of the draft plan of subdivision subject to fourteen conditions enumerated in the report. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 21 - City Manager - Re: Angelmore (Langendoen), Proposed Plan of Subdivision, Dorchester Park Extension, west side of Dorchester Road, south of McLeod Road. Recemaending preliminary approval of the plan subject to nine conditions enumerated in the report. ORDERED On the motion of Alderman Mann, seconded by Alderman Christensen that the report be received and adopted. No. 22 - City Manager - Re: Revision of Proposed Plan of Subdivision, Block "B", Plan N.S.11,File No.27T-22813 (revised), between Dorchester Road on the west, the Q.E.W. on the east and the H.E.P.C. right-of-way on the north; recommending preliminary approval of the revised plan subject to five conditions enumerated in the report. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. No. 23 - City Manager - Re: Proposed Plan of Subdivision,Part Twp.Lot 37 (Dalciu), Northwest corner Church's Lane and Stanley Ave., File No.27T-23301. Recon~nending preliminary approval of the proposed pla~ subject to nine con- ditions enumerated in the report. 'ORDERED on the 'motion of AIde[man Mann, seconded by Alderman Thomson that the report be received and adopted. No. 24 - City Mar~ger - Re: Sproule Subdivision, seven lots on the west side of Dorchester Road, south of Mountain Road (N.S.12). Suggesting an amendment to the Subdivider's Agreement to permit the issuance of building permits for the installation of sanitary sewer laterals and water laterals; recommending that the contract for the work be awarded to L & N Construction and Excavating of Niagara Falls at the tendered price of $6,843.00. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that ' the report be received and adopted. The motion Carried with Alderman Walker voting contrary and all others in fayour. See Resolution No.1 No. 25 - City Manager - Re: A-2-73, L. & I. Ciammattola, Pt. Twp.Lots 7 and 14, west side of Mewburn Road; referring to an application to the C~.,ulttee of Adjustment to expand an existing mobile home park to permit 38 additional mobile hums sites; advising that the Cc~ulttee granted the extension of a legal non-conforming use a.lthough it was the consensus of City staff that the application 'should not be approved; rec~adending that Council authorize and direct the City Solicitor to lodge an appeal against the decision of the Committee of Adjustment on application A-2-73 Luigi end Ida Oiannattola, owners of Part T~p.Lots Nos.? and 14, located on the west side of Mewburn Road, north of Mountain Road, on behalf of the municipality. ORDERED on the motion of Alderman Wallace, seconded by Alderman Smeaton that the report be received and adopted. , - 3- Reports (Cont'd) No. 26 - City Manager - Re: Canadian Federation of Mayors and Municipalities. Submitting an outline of the structure of the Federation and of activities during 1972; advising that membership fees are 2.5 cents per capita and reconnnending approval of the membership fee for the City of Niagara Falls in-:the,~amount of $1,631.78 based on a population figure of 65,271. ORDERED on the motion of Alderman Keighan, seconded by Alderman Thomson that the report of the City Manager be received and adopted and the City continue as a member of the Canadian Federation of Mayors and Municipalities, The motion Carried with Alderman Hunt voting contrary and all others in fayour. No. 27 - City Manager - Re: Use of Street Ends, former Village of Chippaws. Advising that, in accordance with Council's directions, new agreements for six street ends have been executed by the licensees and payment of fees received; recon~nending execution of a by-law authorizing the agreements on behalf of the City. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and filed and the by-law be given the necessary readings. See By-law No.73-15 No. 28 - City Manager - Re: Adjustment of Assets, former Township of Willoughby. Advising that, according to an appraisal, the properties acquired by the former Township of Willoughby through tax sale procedures are valued at $50,000 which must be credited to taxpayers residing in the former Township; advising that if the appraised figure is acceptable to Council, 26.7% will be payable to the Town of Fort Erie and will permit finalization of the adjustment of assets; recormnending that Council approve the completion of the adjustment based on the appraisal of $50,000 and the Town of Fort Erie be asked for their approval. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. No. 29 - City Manager - Re: Use of Lyons Creek School by Recreation Conmission. Advising that the Board of Education has agreed to a renewal of an agreement for 1973 to allow the Recreation Commission to continue using the Lyon's Creek School building through the Willoughby Neighbourhood Recreation Committee. The authorizing by-law appears later on the agenda. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and filed. See By-law No.73~17 No, 30 - City Manager - Reconmending the enactment of by-laws to provide for an interim levy of taxes for the year 1973 and to provide for the collection of such taxes. ORDERED on the motion of Alderman Schisler, seconded by Alderman Walker that the report be received and filed and the by-laws be ~pproved. See By-law Nos.73-12 & 73-,1,3 No..31 - City Manager - Re: Public Hearings of the International Joint Commission on Pollution of the Great Lakes. Submitting two letters of notifica- - tion from the International Joint Conmission in respect to public hearings to investigate pollution of the Great Lakes system; also submitting a brief prepared by the Works Engineer regarding the public hearing on January 25,1973 on the matter of pollution of the Great Lakes system from land use activities; recummending the brief be forwarded to the I.J.C. and representation be made at the hearing in Toronto to formally present the City's position. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that the report be received and adopted. No. 32 -Cit Manager - Re: City of Niagara Falls Plan for Peace Time Disasters. Submitting t~e final revised copy of the City's Plan for Peace Time.Disasters · and requesting Council to review its contents to determine if it is acceptable; requesting c~,ents prior to the end of January following which a by-law will be presented to formally adopt the proposed plan. ORDERED on the motion of Alderman Keighan, seconded by Alderman Fera that the ,report be received and tabled until the latter part of January at which time the comments of Council will be submitted.: -4- Reports (tout'd) No. 33 - City Manager - Re: 28' Strip of Laud adjacent to and north of the former N.S. & T. right-of-way (east side of Dorchester Road). Advising that the City has an opportunity to acquire the strip of land from River Realty Ltd.; recon~nending 1) that the Region~scquire a 10' widening across the 28* right-of-way to permit the necessary sidewalk construction in the area; and 2) that River Realty be advised that the remaining section of the 28' right ~' of-way is not required by the municipality. : ORDERED on the motion of Alderman Schis let, seconded by Alderman Mann that the report be received and the recommendations of the City Manager be adopted. The motion Carried with the following vote: AYE: Aldermen Christensen,"""~unt, Mann, Harrigan, Keighan. Schisler. ~'yE:Aldermen Fera, Smeaton, Walker, Thomson, Wallace. No. 34 - City Manager - Re: 1973 Tenders. Requesting authority to call tenders for certain materials and clothing. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and filed and tenders prepared and called when the need arises. The motion Carrie.____jd with Alderman Thomson voting contrary and all others in favour. No. 35 - City Manager - Advising that Mr. A. Cserpes, owner of the Rainbow Motor Court, has requested exemption from By-law 7611 which imposes special !~ charges on certain.classes of buildings with respect to sewer and water systems; advising further that Mr.Cserpes con~nenced construction of an additional 15 motel units before a building permit was issued at which time the special charge of $746.59 was collected. Because the applicant recently removed 15 cabins he feels he should not contribute in accordance with the by-law; reconnnending that the request be received and filed and Mr.Cserpes be advised that the buildings presently under construction, come under the charges set down in By-law 7611. ORDERED on the motion of Alderman Kelghan, seconded by Aldernmn Walker that the report of the City Manager be received and adopted. No. 36 - City Manager - presentation of the Annual Report of the Safety Inspector. No. 37 - City Manager - presentation of the Annual reportof the Trench I Inspector, · ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the Annual Reports of the Safety Inspector'and the Trench Inspectorbe received and filed. No, 37 - Lottery Licensing Officer - Recowmendtng approval of applications to manage and conduct lotteries. ORDERED on the motion of Aldernmn Keighan, seconded by Alderman Harrigan -- that the report be received and adopted. The motion Csrrle__d with Alderman Hunt voting contrary and all others in fayour. No. 38 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of AldermanSchisler, seconded by Alderman Ke~ghan that the report be received and adopted and licences granted. No. 39 - City Manager - Recommending payment of Municipal Accounts.. ORDERED on the motion of Alde~nmn M~nn, seconded by Alderman Fera theft the report be received and adopted. P~SOLUTIONS No. 1 - THOMSON - H~T - RESOLVED that the contract for 'the installation of sanitary sewer laterals and water-laterals in the 8proule Subdivision on the west side of Dorchester Road, south of Mountain Road, be awarded to L. & N. Construction & Excavating Ltdo at the'quoted price of $6,843.00; AND the Seal of the Corporation be hereto affixed. No. 2 - HUNT - FBRA- RESOLVED that By-law No.72-142 to authorize the con- struction of certain works as Local Improvements under Section 12 of The Local Improvement Act, read a first and second time at the meeting of Counc~ held on the 14th day of August, 1972, be amended es follo%%:.# Cont,d.next~ s2 No.2-A I~NN - HUNT - RESOLVED thet't~e'C~u~cil'o~ ih~ ~o~p;~tion of the C~t o{ Niaga4 'c rtif that the a llcation of Group 2 Developments td. for tKe r z nin 5 Resolution No. 2 (Cont'd) 1) By striking out the figures $530,700, $333,351 and $121,841 in the second third and fifth lines, respectively, of the second recital and inserting in lieu thereof the figures $517,900, $327,391 and $115,001 respectively; 2) By striking out "1 to 20, inclusive" in the section line of Section 5 and inserting in lieu.thereof the words "2 to 6 inclusive and 8, and 10 to 20 inclusive"; 3) By striking out "1 to 20inclusive' in the second line of Section 6 and inserting in lieu thereof the words "2 to 6 inclusive, and 8, and 10 to 20 inclusive"; 4) By striking out items 1, 7 and 9 of Schedule "A" under the heading "Four Foot Ordinary Sidewalks"; By striking out the totals $530,700, $333,351 and $121,841 in the columns headed "Estimated Cost, "Estimated Urban Service Areas' Share" and "Estimated Owners' Share", of Schedule '~" and inserting in lieu thereof $517,900, $327,391 and $115,001; and that the said by-law as so amended, be now read a third time and passed; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS BOARD OF MUSEUMS In reply to a query by Alderman Hunt, the City Clerk advised that a draft by-law naming appointees to a new Board of Museums is being reviewed by the City Solicitor and will be presented for Council's consideration in the near future, WELlAND RIVER BRIDGE Aideman Hunt suggested that Regional authorities ascerta in what amount the government will contribute toward the 'cost of the proposed bridge over the Welland River. The Alderman connnented on the substantial sum set aside for the con$truction and noted that the government had provided three fourths of the cost of the bridge spanning the Chippaws Creek.- CONSULTANTS' SERVICES Alderman Hunt commented on the cost of consulting services and questioned why the City found it necessary to engage consultants in view of the fact that City staff included five competent engineers. In reply, the City Manager referred to a previous survey and report which indicated that Niagara Falls has fewer engineers for thel.~o~k that is accomplished, than 60 - 70% of other cities. He also noted that Niagara Falls is one of the few cities to do all subdivision design work in order to have better control. Mayor Bukator indicated that the matter would be fully discussed prior to the-budget meeting. PARKING ON EMERY STREET Alderman Fern reported receiving complaints about parking on both sides of Emery Street apparently by hospital employees. The Alderman suggested that consideration be given to imposing a two-hour parking limit on Emery The matter was referred to the Parking Committee. PARKING FACILITIES - GREATER NIAGARA GENERAL HOSPITAL Alderman Fera referred to a memorandum from the Greater Niagara General Hospital concerning the institution of paid parking at the hospital for visitors and out-patients. The Alderman wished to be recorded as being opposed to the new policy and suggested that the hospital purchase additional property for parking purposes~- -6 - New Business (toni 'd) PROPOSED REGIONAL BUDGET Alderman Keighan expressed his concern about the draft Regional budget and a recent news story which indicated Regional spending would be in excess of three million dollars over last year. He noted that the City's share would be over $500,000 or a four mill increase for local taxpayers. The Alderman asked if there was sufficient assurance that the Regional budget would not be "out of line". As me~bers of the Regional Finance Comittee, Mayor Bukator said that the figure had also "staggered" he and Councillor Mitchelson. The Chairman,W.F. Match, had assured the Finance Committee that the b~dget would go back to various co,m~ittees to have the expenditures cut. The matter will again be discussed by the Finance Committee at a meeting scheduled for Wednesday, January 24th. ASSESSMENT DEPARTMENT Alderman Thomson said he had been able to confirm that the Assessment Department was being transferred from City Hall to St. Catharines. The Alderman asked if any steps had been taken to retain the service in the City for the convenience of residents and because the new City Hall had been designed to acconmodate the assessment operation. Alderman Thomson was critical of the service provided since the take-over of assessment responsi- bilities by the provincial government and the trend toward centralization of similar services such as unemployment insurance. The City Manager advised that information about the move had been received late in the week. He had contacted the Regional Director who indicated he had received orders from Toronto headquarters that the assessment records in Niagara Falls and Wellsnd were to be moved to St.Cathatines, It is believed that the space leased in the City Mall will be used by the field crew now doing the assessment and re-assessment of the Niagara area. The.lease arrangements terminate on December 31, 1974.- It was then moved by Aldermen Thomson, seconded by Alderman Walker that the Ministry of Treasury, Economics and Intergovernmental Affairs be advised that the City of Niagara Falls objects strenuously to a recent decision by the Assessment Division that all assessment records in the Niagara area he centrslized in the City of St.Catharines as such action severely reduces the svailability of assessment information to the ratepayers of the City of Niagara Falls; and be it further resolved that the Regional Municipality of Niagsra and other area municipalities be notified of the City's objections and their support solicited. The motion Carried unanimously. t CONVENIENCES IN PUBLIC BUILDINGS FOR T~ HANDICAPPED Alderman Themeon referred to a booklet recently published by the Social,Planning Council regarding transportation and other problems encountered by handicapped persons, The Alderman had received another government publication which included building suggestions to make it possible for the handicapped to enter public buildings. The suggestions can be co-ordinated with the National Building Code and deal with stairway construction, hand rails, width of doorways and other conveniences. The Alderman suggested that the book be stud~4~dby the Building Department for possible implementation of some of the reconmnendations when considering the construction of government or public buildings. The matter.was referred to the Building Inspector. . KITCHENER STREET SCHOOL Aldermen Thomson said that if the Kltchener Street School' is to be closed as rnmoured, the site would be ideal for the future expansion of the Niagara Falls Nemortal Arena and to provide parking facilities. He suggested that City offieials investigate the possibility of acquiring the property if it is to become available. The City Hansget indicated the item would be discussed at a mating with the Director of Education, New Business (Cont'd) - 7- ENTRANCES TO TOWN & COUNTRY PLAZA - PORTAGE ROAD Alderman Smeaton said he was concerned about traffic hazards at the entrances to the Town and Country Plaza on Portage Road. The Alderman had been approached by several residents of the area with a request that control of access to the plaza be improved. He enquired if there were any plans for the area in addition to the proposed traffic light st the O'Neil St. - St.Paul intersection. The City Engineer replied that it is his understanding the developer is considering closing off one of the driveways and suggested the traffic light to be installed in 1973, should improve the situation. He also suggested that the effect of the new traffic light should be studied before recon~nending additional installations to the Regional Municipality. NEW COURTHOUSE AND POLICE BUILDING Alderman Walker supported an earlier request by Alderman Wallace that members of Council be provided with an up-to-date report in respect to .the possibility of obtaining a new police building and courthouse for the City. Alderman Walker took exception to statements by Chief Sherman that the City of Welland had first priority in regard to new police facilities. He commented on the conditions in Niagara Falls police buildings which, he said, "in no way, shape or form compare to what Welland is complaining about now". The City Manager said his staff is working on a comprehensive report which will be pre- sented at the next meeting of Council. C.N.R. BRIDGE STREET PROPERTY In reply to questtsns by Alderman Christensen, the City Manager said that, at this time, the City~s only participation in the development of the C.N.R.property on Bridge Street is to provide information regarding such things as services in the area, land uses, etc. The City hes cooperated with the E.N.R. to bring the matter to a stage where concrete proposals are invited. The .City will have no direct participation until propossls are made public at which time all assistance possible will be given to the d~velopers. SOLID WASTE MANAGE~NT STUDY Members of Council were provided with the Terms of Reference, Regional Municipality of Niagara Solid Waste Main gement Study for information purposes. : BY-LAWS No. 72-104 - A By-law to authorize the construction of improvements and extensions to the sewage system in the Urban Service Areas of the City. The By-law was read a first and second time on June 22, 1972. THIRD READING - Alderman Mann and Alderman Hunt. The motion Carried with the following vote: ~FE: Aldermen Christensen, Hunt, Mann, Marrigan, Smeaton, Walker, Themson, Wallace and Mayor Bukator. -~AYE:Aldermen Fern, Keighan and Schisler. No. 72-142 - A By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. The By-law was read a first and second time on the 14th day of August, .1972. THIRD READING - Alderman Hunt and Alderman Mann. Carried Unanimously -'8- By-laws (Cont'd) No. 72-215 - A By-law to authorize alterations to the Stamford Hemorial Arena. The By-law was road a first and socond time on the 27th day .of November, 1972. THIRD READING.- Alderman Thomson and Alderman Fern. The motion Carried with the following vote~ AYE: Aldermen Fern, Harrigan, Smeaton, Schisler, Walkor, Thomson, Wallaco. .NAYE:Aldermen Hunt, Mann, Keighan and Christensen. No. 73-12 - A By-law to provide for an interim levy of-taxes. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace that Alderm~n Christensen be granted leave to introduce the By-law and the By-law be given the first reading. ~arried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-1.3.- A By-law to provide for the collection of interim taxes for the year 1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Christensen be granted Eeave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ,. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously ' No. 73-14 - A By-law to appoint the members of the Board of Management for the Downtown Business 'Improvement Area. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Fern be granted leave to introduce the By-law and the By-law be given the first reading. : Carried Unanimously =, , ORDERED on the motion of Alderman Fern, seconded by Alderman Hunt that the By-law be now given a second and third reading. CarriedUnan.i!nouely No. 73-15 - A By-law to authorize the execution of a license agreements ~ld G. Barnett and others. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that Alderman Mann be 8ranted leave to introduce the By-law and the By-law be given the first reading. Carried UnanimOusly OREEKED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. Csrried Unanimously - 9- By-laws (Cont'd) No. 73-16 - A By-law to authorize the acquisition of land in the former Township o~ Willoughby for park purposes. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried UnanimousiX No. 53-17 - A By-law to authorize the execution of an agreement with Niagara South B&~rd of Education providing for the use of the Lyons Creek School building. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried UnanimousiX ORDERED on the motion of Alderman M~nn, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried UnanimousiX No. 73-18 - A By-law to amend By-law No. 72-163, being a By-law to prohibit heavy traffic on certain highways in the City of Niagara Fates. (Sarah St.) ..... 'ORDERED ~n'the motion of Alderman Mann, SeConded by Alderman Keighan that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimouslx ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that the By-law be now given a secondsand third reading. ! Carried Unanimously No. 73-19 - A By-law to amend By-law No. 7531, being a By-law to provide for the erection of Stop Signs at Intersections. (Buckley Ave., Lyons Creek Road, Ridge Road, McKenaey Road, Morris Road, Kalar Road and Spence Street) ORDERED on the motion of Aldernmn Mann, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-laW be given the first reading. Carried UnanimousIX ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the By-law be now given a second end third reading. Carried Unanimously No. 73-20 - A By-law to amend By-law No.6340 providing for the erection of ~ht-of-Way signs at certain intersections in the Municipality. (Mitchell Ave. end Freeman St.; Morrison Street snd Kent Ave.; Industrial St. and Kent Ave.) ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that Alderman Smeatonbe granted leave to introduce the By-law and the By-law be given the ~irst reading. Carried Unanimously - 10 - By-law No. 73-20 (Cont'd) ORDERED on the motion of Alderman Smeaton, seconded by Aldernmn Schisler that the By-law be now given a second and third reading. Carried Unanimously No. 73-2___.__.~1- A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that the By-law be now given a second and third reading. Carried Unanimously ADJOURNMENT The meeting adjourned on the motion of Alderman Wallace, seconded by Alderman Thomson. READ AND ADOPTED, Mayor SIXTH MEETING REGULAR MEETING Council Meeting, February 5, 1973. Council met on Monday, February 5, 1973, for the purpose of considering general business. His Worship Mayor George Bukstor presided as Chairman. Alderman Wallace offered the Opening Prayer. All Members of Coancil were present. ADOPTION OF MINUTES The minutes of a regular meeting of Council held January 22, 1973, were adopted as printed on the motion of Alderman Thomson, seconded by Alderman Hunt. WELCOME His Worship George Bukator welcomed the Guides of the 10th Stamford Girl Guide Company and the 26th Niagara Boy Scout Group who, together with their leaders, were in the Council Chambers as observers. UNFINISHED BUSINESS PLAN FOR PEACE TIME DISASTERS Report #32 - City Manager - Re: City of Niagara Falls Plan for Peace Time Disasters. Submitting the final revised copy of the City's plan and requesting Council to review the contents to determine if it is acceptable. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the report of the City Manager be received and filed and the Plan for Peace Time Disasters be approved as presented and referred to the City Clerk for prepara- tion of the required by-law. RECREATIONAL FACILITIES - FORMER VILLAGE OF CHIPPAWA Report ~40 - City Manager - Referring to the presentation on January 9, 1973, of Mr. D.Susin on behalf of the Chippaws Kinsmen Club regarding the development of an artificial ice surface on the former Starlira Theatre property on Sodom Road; advising that at a Joint meeting of representatives of the Citizens' Action Committee, S.P.I.C.E.Connnittee, Recreation Comnission, City Council and City Staff, the following motion was passed: That City staff work in conjunction with the Citizens' Action Cclmnittee and (1) investigate the problems and availability of land and services in two proposed areas in Chippaws; (2) that City staff and the Citizens' Action Committee develop a complete recreational plan for this area, with costing done in stages and (3) that the plan be presented to the Recreation Commission at their regular monthly meeting of April 17, 1973. The report requests the approval of the motion by Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the report of the City Manager be received and the decision of the Joint committee regarding a recreational plan for the former Village of Chippaws be approved. COMMUNICATIONS No. 9 - Mrs.A.Crawley - Co~nents re: possibility of resuming rear-yard garbage pick=up service. ORDERED on the motion of Alderman Thomsons seconded by Alderman Puttick that the eonnnunication be received and filed and City staff be asked for cost estimates for the rear-yard garbage pick-up service and the matter be discussed at a Council Conm~ittee meeting prior to the [973Budgetjdiscussions. The motion Carried with Alderman Wallace voting contrary and all others in fayour. No. 10 - Aid for Senior Citizens - Submitting a resume of the organization's program and objectives; requesting the appointment of a Council representative to the Advisory Board. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the communication be received and the request for an appointee to the Advisory Board of the Aid for Senior Citizens group be approved. His Worship Mayor Bukator wtll appoint a Council representative. The motion Carrie_dwith Alderman HarriSan voting contrary and all others in layout. - 2- Communications (Cent'd) No. 11 - Regional Municipality of Niagara - Re: Interim Levy By-law. Sub- mitting a copy of the by-law which provides for an interim levy against area municipalities in the year 1973. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the communication be received and filed and the City Treasurer be authorized to make payments of the Regional interim levy as required. No. 12 - Town of Thorold - Re: Composition of conmittee personnel of Regional Council; soliciting support of s request that the Regional Council consider enlarging the Finance Committee to include one representative from each area municipality. ORDERED on the motion of Alderman Hunt, seconded by Alderman Wallace that the communication be received and filed. No. 13 - Advisory Task Force on Housing Policy - Requesting submissions regarding housing conditions in the area and other general matters; advising that, following receipt of submissions from municipal councils, public meetings will be held in s number of Ontario municipalities. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the conmunication be received and referred to the MByor's Cormnittee on Housing for preparation of s brief for consideration of the City Council before being submitted to the Task Force. No. 14 - Ontario Anti-pove~Conference - Advising that the Conference will be held February 16 - 18, 1973 in Toronto. Requesting financial assistance in the amount of $120.00 to cover the costs of two low-income delegates from the City of Niagara Falls. ORDERED on the motion of Alderman Themmen, seconded by Alderman Mann that the communication be received and the City of Niagara Falls support the Anti- poverty Conference and approve a grant of $120.00 subject to the City and the Social Planning Council receiving full information and nmterial prior to the Conference dates; providing also that a full report on the Conference is sub- mitted. During discussion of the matter, Alderman Puttick suggested that the City Manager in conjunction with the Social Planning Council provide information regarding the number of impoverishedpersons residing in the City~ of Niagara Falls. NOT__E: AldermanThomson retired from the meeting at 8:00 P.M. REPORTS No. 41 - City Clerk - Report of the Council Conmittee Session. A. Chairm~n for Council Committee Sessions - Recommendation: That until .further direction, Role 37(2) of procedural By-law No.72-61 be suspended and His Worship Mayor George Bukator be appointed to act as Chairman for Council Cotm~ittee meetings. (See Resolution No. 3) B. Application for Salvage Yard License - Recoamendation: That the Regional Board of Cmmuissioners of Police be advised that the Council of the City of Niagara Falls does not object to'the issuance of a salvage yard liceace to Mr.Gordon Washington, providing the applicant adheres to the undertakings given by his solicitor, Mr.Robert Abbey. The seven conditions are enumerated in the report. C. New Court House and Police Building - Recommendation: That His Worship Mayor George Bukator, Alderman D. Wallace and Alderman N~ puttick act as a special co~nittee to meet with His Henour Judge Scott and the members of the Board of Police Commissioners to discuss the possible erection of new p~lice facilities in the City of Niagara Falls and, in connection therewith, administrative staff be directed to prepare a brief outlining the need for police and court facilities in the municipality. It is further recentheaded that the special conmittee also be authorized to meet with appropriate provincial authorities relative to new court facilities. D. i~e=alta~fo~t of Hearers - Metal Building - Municipal Service Centr~ - ~eco~nnendatton: That Council accept the second lowest bid by Tower Plumbing ' and Heating for the supply and installation of heaters at the Municipal Setvii Centre at the quoted price of $5,642.00. (See Resolution No.4) - 3- Report of the Council Conmnittee (Cent'd) E. Revised Cemetery By-law - Recommendation: That the cemetery by-law appearing elsewhere on the ageode be approved and given three readings.(See By-law No. 73-22) ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the report be received and the recommendations of the Council Conmittee be adopted. No. 42 - City Manager - Re: Historical Museums. Reviewing the operation of the Lundy's Lane Historical Museum and the Willoughby Museum and commenting on the necessity of co-ordinating the operation of the two museums; suggesting the by-law to establish the Niagara Falls Board of Museums be passed by City Council and the various museum societies be asked for alis t of nominees for possible appointment as men/berg of the Board following which the appointments will be ratified by by-law. ORDEIED on the motion of Alderman Mann, seconded by Aideman Wallace that the report of the City Manager be received and filed. See By-law No. 73-23 No. 43 - City Manager - Re: Construction of Queen Elizabeth Way Interchanges and Service Roads. Advising that the Ministry of Transportation and Con~munica- tions has requested City Council to approve a set of plans setting out the assumption, reversion and closing of certain City roads involved in the Q.E.W. construction program; recommending that the assumption, reversion and closing of certain roads within the City of Niagara Falls, as described on plans sub- mitted by the Ministry of Transportation and Communications and numbered P-1915-85, P-2425-142 and P-2425-143, be approved. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the report be received and adopted. See Resolution No. 5 No. 44 - City Manager - Re: Lease to Chippawa Lion's Club for Lion's Park located between Banring Ave., Welland St., Oliver St. and Gunning Drive. The report describes some of the maj or improvements initiated by the Lion's Club and recommends renewal of a five-year lease for the park. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the report be received and adopted. No. 45 - City Manager - Re: Parking on Epworth Circle. Recommending that parking be removed from the outside of Epworth Circle at all times and that the Niagara South School Board be so informed. During discussion of the subject, the City Manager replied to Alderman &uttick's questions and described the problems encountered by the residents of Epworth Circle. Be indicated a report would be forthcoming in regard to the estimated cost of providing additional parking in the general area. The City owns 12' of property from the inner curb and, with the cooperation of school officials, angle parking could be provided on the inner circle. As an alternative, the purchase of property in the area for parking purposes could be considered if the expenditure was considered practical. Alderman Patrick expressed concern that prohibition of parking on Epworth Circle would create similar problems on a~Jacent streets. Alderman Fera q~estioned the availability of sufficient parking for studentSduring school hours. The City Manager said that school officials have indicated that the problem is not serious during daytime hours. ORDERED on the motion of Alderman Harrigan, seconded hy Alderman Hunt that the report of the City Manager be received and adopted and parking be removed from the outside of Epworth Circle at all times. The motion Carried with the follow- ing vote: AYE: Aldermen Christensen, Hunt, Fete, Mann, Smeaton, Schis.ler~ Walker, Wallace, Harrigan. NAYE:Aldemen Puttick and Keighan. No. 46 - City Manager - Re: Parking on Morrison St. between Valley Way and Stanley Avenue. Recommending that an appropriate by-law be passed to prohibit parking on both sides of Morrison Street from Stanley Avenue to Valley Way at all times. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. The motion Cartie__d with the following vote: AYE: Aldermen Christensen, Hunt, Fera, Mann, .Smeatpn, Schisler, Walker, Wallace, Harrigan. : NAYE:Aldermen Puttick and Keighan. Reports (Coni'd) No. 47 - City Manager - Re: Parking on Prince Edward Ave. and First Ave. Reconnending (1) that parking be prohibited from the west side of Prince Edward Avenue from Cook Street to Frederica Street at all times and (2) that parking be prohibited from the east side of First Avenue from Huron Stree~ 75 feet northerly. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report be received and adopted. The motion Carried with Alderman Keighan voting contrary and all others in ~vour. No. 48 - City Manager - Re: Parking on Portage Road and on Bridge Street. Recommending (1) that the Region be requested to prohibit parking on the southerly side of Portage Road from Chippawa Parkway to Norton Street at all times and (2) that the Region be requested to prohibit parking at all times on the southerly side of Bridge Street from Stanley Ave. to a point 370 feet west of Sixth Avenue. Alderman Keighan spoke about the possibility of the City receiving many requests for no parking regulations and suggested that solutions to the problems should be found rather than eliminating parking altogether. ORDERED on the motion of Alderman Hunt~ seconded by Alderman Mann that the report be received and adopted. The motion Carried with Alderman Ketghan voting contrary and all others in favour. No. 49 - planning and Development Conm~ittee - Re: AM-37/72 A. Nero, Pt. Twp. Lots 107 and 114, Dorchester Road and Dawson Street. A rezoning application to permit a small shopping complex and a gas bar. Recommending that the application be held in abeyance until soch time as Council makes a decision with respect to the findings of the Commercial Study. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 50 - Planning and Development Co~nnittee - Re: AM-38/72, M. & C. Bubna, Lot 7, Plan 653, south side of Ferry Street. Approval of the application to amend the soning by-law would permit the applicant to develop a motel in conjunction with an existing motel on property currently occupied by Harrison Cleaners. Rec~mending (1) approval of the application subject to a site plan and site plan agreement and that Council certify by resolution that the application conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area after an official plan amendment is enacted by Council and is approved by the Miniater of Treasury, Economics and Inter- governmental Affairs; and (2) that the Planning Department be authorized to prepare the required Official Plan amendment. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the report be received and adopted. ~ See Resolution No. 6 No. 51 - Planning and Development Committee - Re: AM-l/73 F.Constantino, Lot 20, Plan 5, 5050 Ontario Avenue. Noting that the property has a 61 foot frontage on Ontario Ave. with a depth of 166 feet upon which the applicant proposes to build a four-unit building. The current standard is 80 feet for a four-unit building; recommending that the application be denied. ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that the solicitor for the applicant, Mr. G. Ungaro, be granted permission to address Council. Mr. Ungaro exhibited a plan of the proposal to demonstrate how the building would fit in with the character of the neighbourhood and make the best use of the property. He drew attention to existing , two and' three-storey homes in the general area which are now used for multi-family purposes. Mr. Ungaro asked Council to consider the Official Plan which, he said, proper'ly sets out what the area is best suited for and the appli- cation will only change the present two-family des ignation to four-family use. M~bers of Council questioned why Mr. Constentino was not' represented st the meeting when the matter was considered. Mr. Ungaro explained that his client was nnfamllisr with procedures and had not understood that he had the right to speak. Alderman Keighan, Chairman of the Planning and Development Cvu,~ittee, stated that at the Cowultras meeting three of five applicants had not appeared and, follo~ing discussion, a policy was established whereby applicants will be required to have representation at the meetings. Alderman Puttick suggested that the proposed review of the -5 - Report #51 (Coni'd) area to determine the suitability if higher density residential should be undertaken. Alderman Keighan replied that because of the Planning Department's workload, the study cannot be proceeded with for several months to a year and it was the opinion of the Connnittee that a decision should be made at this time rather than have the applicant await the results of the study. It was then moved by Alderman Mann, seconded by Alderman Hunt that the report be received and adopted and the application of F. Constantino be denled. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Mann, Harrigan, Schisler, Keighan. NAYE:Aldermen Faro, Puttick~ Smeaton, Wallace and Walker. No. 52 - Planning and Development Committee - Re: Proposed Official Plan for the Fort Erie Planning Area. Reconnending that no objection be lodged against the proposed Official Plan and the Clerk of the Town of Fort Erie and the Ministry of Treasury, Economics and Intergovernmental Affairs be so notified. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that the report be received and adopted. No. 53 - City Manager - Referring to an earlier suggestion that a student be appointed to the Recreation Commission to represent secondary schools in the municipality; reconmending (1) each of the five secondary schools in the City be asked to appoint one student to act in an advisory capacity to the Recreation Conmission and (2) the Niagara Falls Labour Council be asked to designate a representative to act on the Recreation Cormnisston for the years 1973 and 1974. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wallace that the report be received and adopted. No. 54 - Recreation Conmission - Re: 1972 Annual Report. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the Annual Report of the Recreation Conm~ission be received and accepted. No. 55 - City Manager - Re: Demolition Tender. Recommending that the contract for the demolition of buildings at 4347 Morrison Street, 4358 Huron Street and 4300 Drummond Road be awarded to Collee Wrecking in the amount of $3,150.00. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera that the .report be received and adopted. See Resolution No. 7 No. 56 - City Manager - Re: Winter Works Program - Fencing. Recommending acceptance of the following tenders: (1) 500' - 6I high chain link fence, 20' gate complete in the amount of $1,400 from Frost Steel; (2) Farm fence 9 x 48" at $2.05 per rod from Lundy Fence; (3) 8' x 6"/4.5 cedar posts at $1.25 each from W. Haun and (4) 8' x 7"/5.5" cedar posts at $1.75 each from W. Haun. The report requests authority to purchase farm fence from Lincoln Farm Supply at $2.10 per rod if the estimated $17.50 unit freight does not cover the fence from Lundy Fence Co. The total estimated cost of fencematerial. is $3.,0.00.00. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the report be received and adopted. The motion carr~e.d with Alderman Puttick voting contrary and all Dthars in favour. See Resolution No. 8 No. 57 - City Manager - Requesting authority to prepare and call tenders for the purchase of a new 625 CPM Class '~" Centrifugal Combination Pumper to replace a pumper presently at Fire Station 6 in the Crowland area. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the report be received and adopted and authority granted to call tenders for the equipment. No. 58 -.City Manager - Re: Membership - Council pf Public Employers. Advising that C.O.P.E. has requested that potential member agencies signify their intention.to become members and designate two representatives, one elected and one appointed; rec~ending the City Join the Covncil of Public Employers and Mayor Bukator and the Personnel Officer, Mr.A.L.Jobey, be appointed as official representatives. -6 - Report #58 (Cont'd) The City Manager provided information regsrding the purpose of C.O.P.E. and the participation of the City in the formation of the group. The personnel Officer, Mr. Jobey, is a Director. The City Manager suggested the City should be represented in order to be part of the decis~nn~ will be made. Alderman Harrigan questioned the cost of membership and Mayor Bukator advised that the budget is $6,000 to which members will contribute. The Regional Municipality has alresdy provided funds. Mayor Bukator said that when the City is officially represented at a meeting, a report regarding membership fees could be submitted to Council. It was then moved by Alderman Keighan, seconded by Alderman Fera that the report of the City Manager be received and adopted. The motion was Defested with the following vote: AYE: Aldermen Fete, Schisler, Wsllsce, Keighan. ~E:Aldermen Christensen, Hunt, Mann, Harrigan, Puttick, Smeaton and Walker. No. 59 - City Manager - Re: International City Management Association Con~nittee. Advising that the City Manager has been asked to serve and repre- sent the province of Ontario on a special eu~mittee to study local government structures in relation to regionalism; advising that it will be necessary to attend two or three meetings between now and next Jhly with all expenses · being paid by the Association; requesting permission to participate as a membe:~ of the ICMACon~nittee on Hegionalism. It was moved by Alderman Puttick, seconded by Alderman Hunt that the report be received and filed. The motion was Defeated with the following vote: AYE: Aldermen Puttick and Hunt. ~E:Aldermen Christensen, Fete, Harrigan, Mann, Sehialer, Walker, Wallace, Keighan, Smeaton. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Harrigan that the report be received and filed and the City Manager be granted permission to serve on the special committee of the International City Management Assoc. The motion Carried with the following vote: AYE:Aldermen Chri'~tensen, Fete, Marrigan, Mann, Schisler, Walker, Wallace, Keighan, Smeaton. .NAYE:Aldermen Furtick and Hunt. No. 60 - City Manager - Re: Seminar - Governmental Budgeting and Control. Recommending that the Deputy Treasurer, Mr. R. Lewis, be euthorized to attend the seminar to be held in Toronto on February 22 and 23, 1973. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt .that the report be received and adopted. The motion Carried with Alderman puttick voting contrary and all others in favour. No. '61 - City Manager- Re: Meeting of the. Ontario Sewer and Watermain Contractors' Association, February 28, 1973, Toronto. Recu~nending that two members of the Engineering Staff be authorized to attend the first day. of £he O.S.W.C.A. meeting. ORDERED on the motion of Alderman Hunt, seconded by Alderman Harrigan that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary and all others in layout. No. 62 - Lottery Licensing Officer - Recuum.ending approval of the application of the Four Square Club to manage'and conduct a Bingo Lottery; also recoMnend-] ing that the Canadian Council of War Veterans Associations and the Sports Lottery of Ontario be granted permission to sell tickets in the City. ORDERED on the motion of Alder~.mn Hunt, seconded by Alderman Fera that the report be received and adopted. The motion Carried with Alderman Walker. voting contrary and all others in favour. No. 63 - City Manager - Re: Lottery Licensing Officer's reports. Recommendin~ that rather than submit regular reports, the Lottery Licensing Officer be requested to approve routine applications on behalf of Council. It is under- stood that applications which do not meet the requirements of the Act or are not of a routine or re-occurring nature, will be brought to the attention of Council. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the report be received and adopted. The motion Carri.e,d, with Alderman Wallace voting contrary and all others in favour. i l. - 7- Reports (Cont'd) No. 64 - City Manager - Building Permits issued during the month of January,t973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the report be received and filed. ORDERED on the motion of Alderman Hunt, seconded by Alderman HerrlEan that the report be.received and adopted and licences granted. No. 66 - City Manager - Reconmaendicg payment of Municipal Accounts. ORDERED on the motion of Alderman Wallace, seconded by Alderman Walker that the report be received and adopted. RESOLUTIONS No. 3 - SCHISLER - MANN - RESOLVED that until further direction, Rule 37(2) of Procedural By-law No.72-61 be suspended and His Worship Mayor George Bukator be appointed to act as Chairman for Council Committee meetings; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 4 - SCHISLER - MANN - RESOLVED that the bid submitted by Tower plumbing and Heating for the supply and installation of heaters at the Municipal Service Centre be accepted at the quoted price of $5,642.00; AND the Seal of the Corporation be hereto affixed. Carried UnanimousiX No. 5- SCHISLER - CHRISTENSEN - RESOLVED that the assumption, revers ion and closing of certain roads within the City of Niagara Falls, as described on plans submitted by the Ministry of Transportation and Communications and numbered P-1915-85, P-2425-142 and P-2425-143, be hereby approved; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 6 - PUTTICK - (~RISTENSEN - RESOLVED that the Council of'the City of Niagara Falls hereby certify that the application of M. & C. Bubna for the rezoning of Lot 7, Plan 653, located on the south side of Ferry Street will conform to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area after an Official Plan amendment is enacted by Council and is approved by the Ministry of Treasury, Economics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanhnously No. 7 - ' SMEATON ,.,I, FERA: - RESOLVED that the contract for the demolition of buildings at 4347 Morrison Street, 4358 Huron Street and 4300 Drtumnond Road be awarded to Collee Wrecking in the amount of $3,150.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 8 - SCHISLER- CHRISTENSEN - RESOLVED that the following tenders be accepted: 1. 500' - 6' high chain link fence, 20' gate complete Frost Steel · 2. Farm Fence, 9 x 48" Lnndy Fence 3. Cedar Posts, 8' x 6"/4.5 W.Haun 4. Cedar Posts, 8' x 7"/5.5" W.Haun AND the Seal of the Corporation be hereto affixed. Carried $1,400 $2.05 per rod $1.25 each $1.75 each No. 9 - PUTTICK - MANN - RESOLVED that WHEREAS His Worship Mayor Jean Drapeau has publicly expressed a desire for the City of Montreal to host the 1976 Summer Olympics; ANDWHEREAS it is quite obvious that the City of Montreal cannot, by itself, finance this event, thereby requiring heavy subsidization by the Government of Canada. It has been estimated, based on statistics available from the 1972 Olympic Games, that the proposed '76 Sm~uner Olympics may cost at least $500,000,000; AND WHEREAS Mayor Drapeau has acknowledged that, to date, the Organizing Cormnittee for the Olympics has been guaranteed assistance to the amount of $7,000,000 through the sale of television rights; -8- Resolution No.9 (Cont'd) NOW THEREFOREBE IT RESOLVED that the Council of the City of Niagara Falls urgently requests the Government of Canada to thoroughly examine requests for subsidization of the 1976 Sunnner Olympics before making connitments to the City of Montreal,particularlY with respect to the priority of this expenditure when compared with other national needs; AND BE IT FURTHER RESOLVED that the Government of Canada evaluate any proposed subsidization in terms of providing athletic facilities on a national scale as compared to sponsoring a -one-shot" international extravaganza. It is suggested, if the Government wishes to encourage and promote sporting activitie far more effective results could be obtained by establishing athletic faciliti~ throughout the entire Nation; AND BE IT FURTHER RESOLVED that a copy of this resolution be directed to the Right Honourable Pierre Elliott Trudeau for his consideration; AND the Seal of the Corporation be hereto affixed. The motion to approve the resolution Carried with the following vote: AYE: Aldermen Christensen, Furs, Hunt, Mann, Harrigan, Keighan, puttick. NA'YE:Aldermen Smeaton, Schisler, Walker and Wallace. NEW BUSINESS SHOPPING pLAZAS Alderman Wallace suggested that the consultants' first stage ,,Connnercial-Retail Report" would probably not be presented until later in February after which there would be subsequent further meetings with staff members and with the developers of the Cansdis and Niagara Square Plazas. The Alderman stressed the importance of all members of Council being apprised of the position of staff and to be brought up-to-date on the plans of the developers. He suggested that in order to save time while awaiting the consultants' report, meetings could be held with City staff and with repre- sentatives of Canadia. and Niagara Square so Council would be familiar with all the material which would lead to a more meaningful understanding and discussion of the report. The City Solicitor suggested that Staff should be heard first and given an opportunity to present background information. It was then moved by Alderman Wallace, seconded by Alderman HarriSan that the two developers, Niagara Square and Canadia, be sun~noned by the City Clerk to attend a Committee of Council meeting on February 12, 1973,,~ to make a presentation to Council regarding their respective plaza proposals :~ on the understanding that no decision will be made on the proposals at that time. The motion Carried with Alderman Puttick voting contrary and all othezs~ in favour. POSITION OF'NEW BUSINESS' ON AGENDA · Alderman Keighan suggested that consideration be given to con- sidering "new Business" after the by-laws have been dealt with. The Alderman was concerned that after lengthy discussions under new business, important by-lawsmay not be given sufficient consideration. The suggestion was referred to the City Clerk. 'NO PARKING" - WILLOUGHBY DRIVE As traffic problems and hazards are created by the parking of vehicles on both sides of Willoughby Drive and the parking of a large tractor. trailer on the roadway, Alderman Christensen suggested that consideration be given to a parking prohibition on both aides of Willoughby Drive in the Vicinity of Gunning Drive. The matter was referred to the parking Co~nittee.~ SNOW I~MOVAL - ASSISTANCE FOR SENIOR CITIZENS Alderman Puttick asked the City M~nager to obtain information about a snow removal program for senior citizens which. is practiced in the City of Toronto. REPAIRING OF CARS IN RESIDENTIAL ARFA Complaints that car and truck repairs are being carried on in a residential area (4719 Jepson Street) psrticularly on the weekends, were referred to the City Clerk. The complaints were reported by Alderman Puttick - 9- New Business (Cont'd) ROYAL CANADIAN MOUNTED POLICE Alderman Puttick noted that the Royal Canadian Mounted Police were looking for outdoor areas or theatres which would be suitable for a pre- sentation of a special show which is being produced in con]unction with the R.C.M.P. lO0th Anniversary. The Alderman provided the City Manager with a newspaper clipping on the subject and suggested that he follow it up and discuss the matter with Niagara Parks Commission representatives. NAMING OF PARK AFTER PRIME MINISTER LESTER B.PEARSON Alderman Fera enquired about the development of s proposed park in the general area of the Mary Ward School on the west side of Dorchester Road and the possibility of naming the park in honour of Prime Minister Lester B. Pearson. The City Engineer stated that parks in subdivisions are generally established after the street pattern has been developed and road grades set. It was moved by Alderman Fera, seconded by Alderman Christensen · that a proposed park on the wes~,'s.ide,o~,Dorchester Road near the/Mary Ward School be named in honour~'of~the late.~esteY B;,Pearson, former. Prime'Minister Of Canada.. The motion Carried with the following ~ote,: ~1 : . v.l~ AYE: Aldermen Christensen, Fera, Keighan, Smeaton, Schisler and Walker. bAYE:Aldermen Hunt, Mann, Harrigan, Puttick, Wallace. SENIOR CITIZENS~ UNITS - HERON STREET Alderman Keighan expressed concern that the design of the ten-storey senior citizens' apartment building being constructed on Huron Street does not provide sufficient room for recreation purposes or parking. It was moved by Alderman Keighan, seconded by Alderman Mann that the Foas~biIty of the On~s~o Housing Corporation acquiring land adjacent to the senior citizens a~artment building on Huron Street for recreation and parking purposes be considerea by the Mayor'a Committee on Housing at their next meeting. The motion Carried with Alderman puttick voting contrary and all others in fayour. TRANSIT STUDY Alderman Harrigan engulfed as to when Council could expect a report from the Greater Niagara Transit Commission regarding the recommendations con- tained in the Transit Study undertaken by Acres Consulting Services. His Worship Mayor Bukator indicated that the Connnission plan to discuss some of the problems with the bus drivers and more information will be available at the next meeting of Council. SKATE SHARPENING MACHINE Xlderman Christensen referred to his earlier request for information regarding the possibility of providing skate sharpening machines at the Niagara Falls Memorial Arena. The City Manager indicated that information was being sought regardi~g a new type of machine and the matter would be followed up. BY-LAWS No. 73-2~ - A By-law regard ing Cemeteries. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given the first reading. Cjrried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the. By-law be now given s second and third r~ading. Carried Unanimously By- laws - 10 - (Con t ' d ) No. 73-23 - A By-law to establish a board to be known as the"City of Niagara Falls Board of Museums" and to provide for the appointment of members thereto. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that Alderann Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Aldernmn Hunt, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimously No. 73-24 - A By-law to authorize the execution of an amending agreement ~r House Realty Incorporated- (Registered Plan N.S.-21) " ORDERED on the motion of Alderman Hunt, seconded by Aldernmn Smeaton that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. - Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-25 - A By-law to authorize the execution of e site plan agreement ~as John Hishen and Elizabeth pattitie Hishen. (Gasoline bar on parts of Lots 3,4,5,6.7 and 30,R.P. 5, former Twp.of Willoughby) ORDERED on the motion of Alderman Schisler, seconded'by Alderman Mann that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-26 - A By-law to amend By-law No. 395, 1966 of the former Township ~g~by, BqF in the City of Niagara Falls, as amended. (Hiehen) ORDERED on the motion of Alderumn Mann, seconded by Alderumn ..Christensen that Alderman Hunt be granted leave tointroduce the Byelaw and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law he now given a second and third reading. Carried Unanimously No. 73-27 - A By-law to amend By-law No. 2530, 1960 of the former Township ~ now in the City of Niagara Falls, as amended.(West side of Meadowvale Drive, R.P.245) ORDERED on the motion of Alderman Bchisler, seconded by Alderman Mann that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously - i1 - B -law No.73-27 Cent'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Puttick that the By-law be now given a second and third reading. Carried Unanimously No. 73-2______J8 - A By-law to amend By-law No. 7531, being a By-law to provide for the erection of Stop Signs at Intersections. (Deletions - McKenney Rd. at Lyons Creek Road; McKenney Rd. at Ridge Rd.; Morris Road at Ridge Road) ORDERED on the motion of Aiderman Mann, seconded by Aiderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimously No. 73-29 - 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. (Angelmore Inv.,west side of Dorchester, south of McLeod) ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Wallace be granted leave to introduce the By-law and the By-law be given the first reading. Carrie~ Unanimously ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-3__0 - ~ By-law to provide monies for general purposes. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. Ca~ried'Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, Mayor - 12- COMMITTEE OF THE WHOLE February 5, 1973 Connaittee Room #1 Council met in Connnittee of the Whole at 10:50 p.m. following the regular Council meeting. All members of Council were present with the exception of Alderman Thomson. Alderman Christensen presided as Chairman. Following consideration of the items presented, the Con~ittee of the Whole arose without reporting. READ AND ADOPTED, .lark COUNCIL MEETING Council Chambers, February 5, 1973. Council reconvened in open session following the Committee of the Whole meeting held February 5, 1973. All members of Council were present,] with the exception of Alderman Thomson. His Worship Mayo~ George Bukator ~' presided as Chairman. Council adjourned on the motion of AldermanMann, seconded by Alderman Schisler. READAND ADOPTED, Mayor SEVENTH MEETING Council Chambers, February 19. 1973. REGULAR MEETING Council met on Monday, February 19, 1973, for the purpose of considering general business. His Worship Mayor George Bukator presided ss Chairman. Alderman Smeaton offered the Opening Prayer. All members of Council were present. ADOPTION OF MINUTES The minutes of a regular meeting of Council held February 5, 1973, were adopted as printed on the motion of Alderman Thomson, seconded by Alderman Hunt. PRESENTATION As a member of the City Council's "Broomball Team", Alderman Hunt presented two trophies to His Worship Mayor Bukator. The team had participated in a tournament during the Winter Carnival sponsored by the Niagara Promotion Association. UNFINISHED BUSINESS TRANSIT STUDY Cou~n. No. 15 - Greater Niagara Transit Cor~nission - Re: Transit Study Recommenda- tions. Advising that it is expected complete recommendations to Council will be m~de within the next few weeks and, in the meantime, no changes in routes or schedules will take place, ORDERED on the motion of Alderman Mann, secended by Alderman Thomson that the connunication be received and filed. SENIOR CITIZEN UNITS - PORTAGE ROAD Report No.632 - City Solicitor - Advising of Ontario Municipal Board Decision of approval Of the CityIs application if By-law 72-107 is amended to include a number of provisions specified in the decision and tha~ a draft amending by-law will be forwarded to the Board for approval. Report No. 67 - City Solicitor - Advising that in accordance with the directions of the O·M.B., approval of the proposed amending by-law by other counsel involved in the hearing was requested and has b~en received; recommending approval of the by-law appearing later in the agenda. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan, that the report be received and adopted. See By-law No.73-31 CHIPPAWA PUMPING STATION Report No. 68 - City Manager - Re: Chippawa Low Lift Pumping Station. Referring to a newspaper report about a zoning problem in relation to the proposed low llft pumping station to be constructed on the north side of the Welland River at the south end of the City; clarifying some of the points appearing in the article; submitting reports prepared by the City Engineer and the Building Inspector which provide background information about the project. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttick that the report be received and filed. Report No. 69 - City Solicitor - Re: South Side Sanitary Sewer System. Advising that it is the opinion of City staff that the erection and use of the proposed pumping station building is not permitted under the existing by-law in an agri- cultural district; advising also that the Regional Solicitor takes the view that a building permit is required for the pumping station and is not prepared to recommend to the Regional Council that the work commence without such a permit. The report suggests possible approaches to the problem and reconnnenda: (1) that Council approve a request of the Rgt~naal Solicitor that the City proceed with an amendment to Zoning By-law 2350, 1959 to specifically permit the construction of the proposed sewage pumping station and (2) that the City Solicitor be authorized to inform the Regional Solicitor that the City will support an applica- tion brought by the Region under the provisions of The Water Resources Act whereby an O~der of the Ontario Municipal Board would permit the use of the land for pumpin8 station purposes, - 2- Report ~69 (Coni'd) ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that the report of the City Solicitor be received and the two recomnendations . contained in the report be adopted. COMMUNICATIONS No. 16 - project Trilliu~ - Submitting a financial statement and a proposed budget for 1973; requesting a grant of $2,751.30; expressing appreciation for financial support and encouragement. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the . communication be received and referred to the 1973 Budget discussions. No. 17 - Social Planning Council - Requesting Council's approval of Supplement ~5 to the National Building Code so that in the future all new buildings accessible to the public will provide easy access to handicapped persons. When asked to connnent, the Building Inspector said that building officials are concerned about adopting the plan for buildings of more than one storey and the problems that would be created if it became necessary to evacuate the handicapped during emergencies. Re agreed with Alderman Thomson ~: that the plan could be adopted for one-storey public buildings. ' ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that . . Mrs. H. A. Spironello be granted permission to address Council. , Mrs. Spironello pointed out that hotels and high rise buildings have adopted fire prevention programs which include plans for the evacuation of the handicapped. 10.2% of the people residing in the City of Niagara Falls are handicapped in some manner and public buildings, because of their design, o them A royal of Supplement No.5, she said, will make are inaccessible t ' PP a e in the activities of the it possible for the handicapped to pattitip t municipality. ORDERED on the motion of Alderman Wallace, seconded by Alderman Fern that the connnunication be received and Council enk~se the resolution on Building Standar~ for the Handicapped as prepared by the Social planning Council and, further, that the City Solicitor be authorized to prepare the necessary by-laws to incorporate Supplement No.5 to the National Building Code as part of the City'! by-laws relative to building standards. No. 18 - N. Watson, Double Deck Tours - Re: proposed Theme park, Pt,Twp.Lot 19,z Conc.1, east side Willoughby Drive. An assessment of the water supply, aanitai4 sewage disposal, traffic, parking and zoning required for the project; request ing consideration of the proposal so the developers may prodeed with the final stages of design. 'ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the conwaunication be received and the conmature and suggest~dna be referred to staff. L- No. 19 - Stamford Centre Volunteer Firemen's Assoc. - Referring to the Associstion'S offer to contribute $35,000 toward an outdoor swi~min~ pool; requesting that details be finalized and construction begin ohM arch lst,1973~ recommending that gchwenker pools Limited he engaged to construct the-pool. ORDERED on the motion of Alderman Ke~ghan, seconded by Alderman Rarrigan that Mr. R.Atack, be granted permission to address Council. Mr, Atack, project Chairman, said that the Association is pleased that the project has been accepted by the City and expressed the desire to construction commence as quickly as possible. ORDERED on the motion of Alderman Runt, seconded by Alderman Thomson that the City Solicitor be authorized to prepare the necessary agreement to permit construction of the pool on a cost-sharing basis and to provide for the maint.~ ance and operation of the facility. No. 20 - Regional Municipality of Niagara - Re: Special Committee of the Regional Council appointed to investigate and report on the matter of a HydroT Electric Utilities Counission for the Region. Requesting the comments and 'suggestions of area municipal~ties sad connissions regarding the first report of Task Force Rydro and the submission of the Ontario Municipal Electric Ass< ORDERED on the motion of Alderman Thanson, seconded by Alderman Hunt that inasmuch as the Niagara Falls Rydro Comission and the C!~ippawa Public Htilil Conciseion will be submitting comments, the connunic~tion be received and fil, - 3- Communications (Cont',__________~) No. 21 - Ontario General Contractors Association - Re: Bill 198 - Proposed Construction Safety Act. Advising that the construction industry advocates the enactment of Bill 198 and requesting the support of the Municipality. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the communication be received and filed and a copy of the City's resolution respecting Bill 198 be sent to the Association and they be informed that the City endorses that portion of their cormnents regarding uniformity of inspection standards and provincial training of inspectors; further, that the Association be informed of the successful manner in which inspections and enforcement of construction safety standards have been accomplished in the City of Niagara Falls. REPORTS No. 70 - City Clerk - Report of the Council Committee. Proposed Increase in Rates - Bell Canada. The Council Committee recommends that Council support the Association of Municipalities of Ontario in their opposition to the proposed Bell Canada increases providing financial partici- pation is made on a per capita basis similar to the method used by the Association in the past. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the recommendation of the Council Committee be adopted. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fern, Mann, Keighan, Walker,Wallace,Smeaton. NAYE: Aldermen Thomson, Puttick, Harrigan, Schisler. Stamford Arena - Structural Reinforcement. Reconnnendation: that authority be granted to call tenders for the reinforcement of the Stamford Arena with a closing date of March 6,1973 and an amount of $,~5,000 be provided in the 1973 Current Budget for the work. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the reconnnendation of the Council Committee be adopted. Preliminary Operating Budget - A three-year forecast of the Operating Budget prepared for the internal use only of the Province of Ontario. Recommendation: that the Preliminary Operating Budget for the Fears 1973-1975 be accepted and forwarded to the Province of Ontario. ORDERED on the motion of Alderma~Schisler, seconded by Alderman Christensen that the reconnnendation of the Council Cormnittee be adopted. The motion Carrie_____jdwith Alderman Puttick voting contrary and all others in fayour. No. 71 - City Clerk - Advising that the Ontario Municipal Board has appointed Monday, March 19, 1973 at 11:00 a.m. for the hearing of all parties interested in supporting or opposing a fezcuing application which would permit construction of five town house dwellings on the west side of Drummond Road immediately north of the H.E.P.C. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and filed and the information noted by members of Council. No. 72 - City Clerk - Advising that the Ontario Municipal Board has appointed Tuesday, March 20, 1973 at 11:00 a.m. for the hearing of all parties interested in supporting or opposing a fezcuing application which would permit the con- struction of a four-unit apartment building, west of an existing apartment building on the south side of Frontsnat St. at the intersection of Cadham St. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that ire information be noted and the report be received and filed. No. 73 - ClaShing and Development Committee - Re: AM-2/73 Stamford Construction Company, PC.Block A, R.P.56, east side Portage Road. An application for fezcuing to permit the construction of an 18-unit apartment building on the east side of Portage Road, north of the N.S.& T, right-of-way, south Of Virginia Stveet~ reconnnending that the application be approved subject to a site plan and site plan agreement and, further, that Council certify by refiolution that the appli- cation conforms to the Official Plan Amendment No. 28 'of the Niagara Falls Planning Area. -4- Report No. 73 (Cant'd) ORDERED on the motion of Alderm~n Wallace, seconded by Alderman Walker that Mr. D. Marineill be granted permission to address Council. Mr. Marineill noted that the City Engineer had given assurance that the proposal would not add to flooding on Carroll Avenue and the two objectors attending the meeting appeared to be satisfied. The site plan, he said, will provide greater control of the development. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report of the Planning and Development Committee be received and adopted. motion Carried with Alderman Christensen voting contrary and all others in favour. See Resolution No.lO The ~ No. 74 - Planning and Development Conmittee - Re: AM-4/73 J.Broderick in Trust,Lot 40 and Pt. Lots 37,38 and 39,R.P.42. The applicant proposes to erect a new gasoline bar and a retail store on property located at the north-west corner of Prospect St. and Portage Rd.; reconEaending approval of the commercial portion of the application excluding the gas bar and including the lands to the rear of the property. Comm. No.22 - Group 2 Development Limited - Suggesting that the recof,m,endation of the Planning and Development Committee does not permit the proper develop- ment of the land; advising that the main purpose of the rezoning was to legalize the gas bar use and clean up the existing situation without endanger- ing the present makeup of the neighbourhood. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Fern that the report ~f the Planning and Development Committee be received and filed and the application of J.Broderick in trust be approved including a gas bar, a retail store and land to the rear of the property being Pt. Lots 37,38 'and 39, subject to s site plan, site plan agreement and an amendment to the Official Plan. The motion Carried with the following vote: AYE: Aldermen Christensen, Fern, Schisler, Thomson, Walker, Smeaton~ Mayor Buh~ NA"YE:Aldermen Mann, Hunt, Harrigan, Keighan, Puttick,Wallace. No. 75 - Planning and Development Comnittee - Re: AM-5/73 - D.D'Addto,Lot 17, Plan 105, 6445 Drummond Road and Carwin Crescent. The application is for a change in zoning from single family residential to apartment residential; recommending approval of the application subject to s site plan agreement conta.~ning a clause that the owner would not object to e Local Improvement pr0gr for storm sewers with the Corporation and, further, that Council certify by resolution that the application conforms to the Official Plan Amendment No.28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Christensen, seconded by Alderman Mann that the report of the Planning and Development Connittee be received and adopted. The motion Carried with Alderman Hunt voting contrary and all others in favour. See Resolution No. 11 No. 76 - Planning and Development Conultras - Re: Official Plan Amendment No.6~ (M. and C. Bubna, to permit motel accon:nodation on the south side of Ferry St. between Grey Ave. and Sylvia Ptace). -., Recommending the adoption of the amend' meat to the Official Plan by by-law, modified to read as follows "except that motel accommodation facilities may be permitted on the south side of 'Ferry St. (between Sylvia Place and Grey Avenue) on the property affected by rezoning application AM-38/72." ORDERED on the motion of Aldermen Christensen, seconded by Aldermmn Hunt that the report be received and adopted. See By-law No, 73-~2 No. 77 - Planning and Development Connittee - Re: Procedures for dealing with Applications for Rezoning. Recommending a revision of the procedure~ dealing with rezoning applications as outlined on a chart attached to the report with the suggestion that the requirement of a survey plan with the original sub- mission he changed to indicate s legal description. ORDERED nn the motion of Alderman Mann, seconded by Alderman Thomson that the report be received end. adopted. No. 78 - City Manager - Re: S~ste Sharpenera - Niagara Fails Memorial Arena. Advising ~hat if the arena was to provide this service it would be necessary to provide quarters for the machinery end to have such quarters staffed; it - 5- Report No.78 (Cant'd) is estimated the cost of providing quarters st the arena would require a budget of $2,500 to $3,000; submitting information regarding coin-operated skate sharpening machines and advising that the Arena Manager would have no objection to the Minor Hockey Association installing the necessary equipment in rooms provided for them by the arena; recommending that the mettar be referred to the 1973 Budget Meeting and the Arena Mam ger continue in his efforts to provide a skate sharpening service in the building. ORDERED on the motion of Aideman Thomson, seconded by Aldermen Christensen that the report be received and referred to the Arena Manager for a follow-up on the availability of the coin-operated skate sharpeners and a report to Council when more information is available. No. 79 - City Manager - Re: Acting Deputy Chief, Niagara Falls Fire Department. Advising of the appointment of Mr. Jack Berr as Acting Deputy Chief effective February 16, 1973. ORDERED on the motion of Alderman Keighan, seconded by Aldernmn Christensen tImt the report be received and filed. No. 80 - City Manager - Re: Local Initiatives Program. Advising of the approval of the Mitchelson Park Swin~ning Pool and the SatelliWArena for Local Initiatives Program grants in the amounts of $7,600 and $27,850,respectively. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and filed. No. 81 - City Manager - Re: Provincial Municipal Incentive Program. Advising of the approval of a further expenditure of-$26,760. At the completion of the program in mid May, 50 persons will have been given approximately 4,400 men hours of work involving a provincial expenditure of approximately $150,000. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and filed. No. 82 - City Manager - Re: Guide Signing Q.E.W,-420 Interchange. Recommending that the Ministry of Transportation and Communications be requested to erect a sign on the north bound, west bound and south bound approaches to the interchange indicating that Lundy's Lane traffic should follow the directions to Hwy.20; recommending further that the Regional Council be requested to nmke the necessary arrangememts for signs on Montrose Road at its intersection with Lundy'a Imne to adequately inform motorists. It was then moved by Alderman Wallace, seconded by Aldermen Walker that the report be received and adopted with the exception that the first recommendation be revised to read: "that the Ministry of Transportation and Cannaunitarians be requested to erect a sign on the north bound, west bound and south bound approaches to the interchange indicating that Lundy'a Lane 'motel' traffic should follow the directions to Bwy.20." During the discussion which followed Alderman Thomson noted that the City'a past attempts to have ~q?ood,Fuel,Accommodation" signs erected within the City limits had been unsuccessful because they are not in accordance with the Department's policy. In reply to questions by Aldernmn Puttick regarding the possibility of erecting such signs on municipally-owned property, the Projects Engineer suggested that the eppropriate location for such signing would be at the Moatrose Road - Lundy'e Lane intersection and this could be undertaken by the Region. He stated also that, in view of the refusal of the M.T.Cl to erect food, fuel and acconuuodation signs, motel owners and other businesses on Lundy~Ms Lane have said they would be satisfied if the signing indicated that Lundy's Lane and Hwy.20 are actually the same roadway. The motion on the floor p.arried with the following vote; AYE: Aldermen Hunt, Fern, Mann, Hattitan, Puttick, Smeaton, Schisler, Walker, Wallace, - NA__~: Aldermen Thomson, Christensen and Keighan. No. 83 - City Manager - Re: Municipal Law Enforcement Officers. Advising that the new contract with the Canadian Co~ps of Commissionaires will cover a two-year period expiring February 28, 1975 and provides for a general 6% increase for each year. In addition, the contract makes provis ion for increased wages for the Warrant Officer and the Patrol Marshall. The report recomnen~adoption of the new ~erms o~ the agreement and the necessary by-law. -6- Report No. 83 (Coat'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. The motion CarrieD with Alderman Walker voting contrary and all others in fayour. No. 84 - City Manager - Re: Resolutions from Ontario Municipalities- 1. City of Sault Ste.Marie - A resolution requesting an amendment to The Canada Elections Act to provide that employers shall be obligated to give employees up to four hours with pay in which to vote only if the employee requests time off and if the time requested is justified by the distance between his place of employment and the polling place. Reco~ending endorsation of the resolution. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the resolution be received end filed. 2. City of London - Requesting the estab'lishment of a Capital Aid Program for the purpose of buying municipal debentures issued for urban transportation and pollution control purposes at a faycurable rate of interest. Reconunend- ing endorserich of the resolution. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the resolution of the City of London be approved. 3. City of Stratford - Ob~6cting to an Arbitration Award handed down to the Stratford police Association and reconunending the enactment of legislation respecting Arbitration Boards. The report recommends that the resolution be endorsed. ORDERED On the motion of Alderman Puttick, seconded by Alderman Walker that, the resolution be referred to the Personnel Director to determine the effect. of the resolution on the City of Niagara Falls. 4. Town of Thorold - Soliciting support of objections to the recons~endations contained in the Task Force Hydro Report. Recon~nending that the resolution be referred to the Niagara Fails Hydro Cor~nission with a request that comments be forwarded to the special conwnittee. ORDERED on the motion of Alderman Runt, seconded by Alderman Smeaton that the reco~mnendation be adopted. 5. City of Windsor - A resolution pertaining to a proposed amendment to The Municipal Act requiring disclosure of election costs. It was moved by Alderman Hunt, seconded by Alderman Schtsler that the resolution be received and filed. The motion was De.feared with the following vote: AYe: Aldermen Hunt, Schisler, Christensen,Smeaton, Thomson~Fera. NAY.E.:Aldermen !'-,~ Mann, Harrigan, Keighan, Puttick, Walker, Wallace,Mayor "Bukator. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that the resolution of the City of Windsor be received and eBdorsed. The motion![ Carried with the following vote: . AYE: Aldermen Walker, Fern, Mann, Keighan, Hsrrigan, Puttick, Wallace,~ 'h NXYE:Aldermen Hunt, Schisler, Christensen, Smeaton, Thomson. 1 72 No. 85 - City Manager - Re: Transper~ation Safety Association Awards - 9 . Recom~ending that the Awards be presented to 71 eligible drivers at the servic~ centre on a date suitable to the Mayor and members of Council; recommending further that 38 drivers who have accumulated six or more years of accident- free driving be authorized to attend the annual banquet as well as Ria Worship the Mayor, or his designate, and three members of Supervisory Staff.' ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. ' No. 86 - City Manager - Re: Traffic Transportation Seminar,Toronto,March 1, 2 and 3, 1973. Recommending that two members of Council attend the seminar; recommending further that the Projects Engineer, A.Lamb, as Vice-President of the Ontario Traffic Conference, be permitted to attend with all costs being borne by the O.T.C. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted and Alderman Hunt attend as Council's repre- sentative. The motion Carried with Alderman Puttick voting contrary and all others in layout. It was suggested that Alderman Thomson,as Chairman of the parkin8 Cons'dittos, should also attend the Seminar, - 7- Reports (Coni'd) No. 87 - City Manager - Re: Ontario Municipal Personnel Association. Recommending that the Personnel Officer, Mr.A.L.Jobey be authorized to attend the Associationrs Workshop in Toronto on March 29 and 30,1973. ORDERED on the motion of Aldernmn Hunt, seconded by Alderman Keighan that the report be received and adopted. No. 88 - Cit~ Manager - Re: Contract S.S.2-73 - Storm Sewer Construction on Brookfield Avenue, Carden Street, Mouland Avenue and Looming Street. Recommending that the storm sewer contract he awarded to H.J.Voth & Sons Ltd. at the total bid price of $72,762.10. ORDERED on the motion of AldermanHunt, seconded by Alderman Christensen that the report be received and adopted. See Resolution No.12 No. 89 - City Manager - Re: Contract S.S.3-73 - Storm Sewer and Watermain Construction on Prince Edward Avenue and Storm Sewer Construction on Cook Street. Recommending that the tendered price of $133,528.00 submitted by H.J.Voth & Sons be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.13 No. 90 - City Clerk - An advisory report regarding various communications and requests submitted primarily for the information of the members of Council. The report includes two reconunendations: (1) that the Caned inn Fife and Drum Corps Association be granted permission to use Oakes Park for a National Fife and Drum Corps Championship event on Saturday, Sept. 15, 1973 and (2) that the Kinotto Club be granted permission to hold Tag Days on May 25th and 26th, 1973. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that the report be received and adopted. No. 91 - City Clerk - Recommending approval of Municipal Licences. It was moved by Alderman Schisler, seconded by Alderman Christensen that the report be received and adopted and licences granted. The motion on the floor was amended on the motion of Alderman Mann, seconded by Alderman Christensen to exclude the application of Oriental Carpet Brokers Ltd. for an Auctioneer Liceace. The amendment to the motion was Defeated with the following vote: A~."'~"~ermen Mann, Christensen and Hunt. ~A~E:Aldermen Fera, Harrigan, Keighan, Smeaton, Puttick, Schfsler, Walker, ~homson, Wallace. The motion on the floor to receive and adopt the report of the City Clerk Carried with the following vote: AYE: Aldermen Fern, Harrigan, Keighan, Smeaton, Puttick, Schisler, Walker, Thomson, Wallace. ~AYE: Aldermen Mann, Christensen, Hunt. No, 92 - City Manager - Reconmending payment of Municipal Accounts. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report .~e received and adopted. RESOLUTIONS No. 10 - THOMSON - MANN - RESOLVED that the Council of t.he Corporation of the City of Niagara Falls certify that the application of Stamford Construction Company , Pt. Block A, R.P.56, east side Portage Road conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as approved by the Ministry of Treasury, Economics and IntergQvernmental Affairs; AND the Seal of the Corporation be hereto affixed. C.arried No. 11- CHRISTENSEN - MANN - RESOLVED that the Council of the Corporation of the City of Niagara Falls certify that the application of D. D'Addio, Lot 17, Plan 105, located at 6445 Drummond Road conforms to the Official Plan Amend- ment No. 28 of the Niagara Fails Planning Area as amended and approved by the Minister of Treasury, Economics and Intergovernmental AffaiFs; AND the Seal of the Corporation be hereto affixed. ~,a,r~i,e~ m e Resolutions (Cent'd) No'. 12 - HUNT - CHRISTENSEN - RESOLVED that the contract for storm sewer construction on Brookfield Avenue, Garden Street, Mouldrid Avenue and Leeming Street, No.S.S.2-73, be awarded to H.J.Voth & Sons Ltd. at the total bid price of $72,762.10; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 13 - MANN - HUNT - RESOLVED that the contract for the construction of storm sewers and watermains on prince Edward Avenue and storm sewers on Cook Street, S.S.3-73, be awarded to H.J.Voth & Sons Ltd. at the tendered price of $133,528.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 14 - KEIGHAN - WALKER - RESOLVED that until further direction, Rule 9 of procedural By-law No.72-148 be modified as follows: "The Clerk shall cause to be prepared for the use of the members at the ordinary meetings of the Council and "Order of Business" containing (1) Reading of Minutes; (2) Deputations; (3) Unfinished Business; (4) Communications; (5) RepOrts; · (6) Petitions; (7) Resolutions; (8) By-laws; (9) New Business; (10) Miscellaneous Instructions; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ NEW BUSINESS pLANNING & DEVELOPMENT COMMITTEE, RESIGNATION OF ALDERMAN FERA Alderman Fern advised that the planning and Development Conmittee had voted to continue meeting at two o'clock in the afternoon rather than have late afternoon or evening meetings. The Alderman said that because he was unable to attend early afternoon meetings, he found it necessary to resign as a member of the Con~nittee. ORDERED on the motion of Alderman Keighan, seconded by Alderman Mann that the resignation of Alderman Fern from the Planning and Development Committee be accepted with regret and Aldermen Harrigan be appointed to fill the vacancy. NAVY ISLAND Alderman Hunt noted that the City of Niagara Fails owns Navy Island which is presently leased to the Niagara Parks Cogmission. The Alderman~ suggested that the Island could be developed as a multi-million dollar recreation park. .TRANSFER OF POLICE OFFICERS Alderman Walker expressed his concern about the number of police officers who have recently been transferred to other areas within the Region. He suggested that police officials have apparently adopted a policy of moving the officers to avoid them becoming too attached to a particular neighbourhoed. The Alderman suggested that this was opposi~ to the view of most municipalities where police officers are being moved back to neighboer- hoods where they are acquainted with the residents and are familiar with streets, traffic flows, crime patterns and areas of.unrest. He suggested that when police department personnel are moved the period of adjustment is reflected in the type of service .the cce~aunity receives. Alderman puttick that Sec.lla, s.s.3(3) of BIll 174 provides that a member of the Niagara Regional Police Force may not be assigned without his consent to serve on a permanent basis at a location in the Regional Area more than five miles distant from the area municipality in which he was formerly employed. He suggested that the Board of Police Commissioners be asked for their inter- pretation of that particular section of Bill 174. Alderman Thenmen said that although policing is now a Regional matter, the effect of transfers on police morale and the operation of the department should be a matter of local concern. Aldemnsn Wallace noted thatalthough there have been transfer! ~4 L - 9- New Business (Cent'd) in the past, recently the moves are on a "mass basis" and a large number of police officers are suddenly being transferred from one detachment to another. It was then moved by Alderman Walker, seconded by Alderman Wallace that the City determine, either through the City's representatives on the Regional Council or the Regional Board of Commissioners of Police, the rationale for the moving of police officers to various area municipalities within the Region particularly with reference to the relevant provisions contained in Sec.ll8 ss.3(e) of the Regional Municipality of Niagara Act, 1968-1969. The motion Carried unanimously. REGIONAL ROAD CONSTRUCTION Alderman Thomson expressed his concern that some means be found to determine whether the amount of Regional roadwork carried out in area munici- palities in a specific year, bears any relationship to municipal allocations to Regional costs. For instance, the City of Niagara Falls contributes approxi- mately 21% of Regional requirements. At the present time there is no method by which the City can be assured that a corresponding percentage of Regional roadwork is, in fact, being undertaken in this municipality. The Alderman spoke about his unsuccessful efforts to obtain information regarding the total value of Regional road construction. While he agreed that the percentage might vary from year to year, it should, over a period of five or ten years, be fairly equal to the contribution made. Regional Councillor John Graaskamp commented on the difficulties that would be encountered in trying to "sift through" the many items in the Region's operating budget and allocating expenditures to specific municipalities. He suggested that gre~liaison was needed between the Region and area munici- palities. It was moved by Alderman Thomson, seconded by Alderman Wallace that a resolution be prepared for circulation to the Regional and all area munici- palities requesting a periodic survey of Regional capital expenditures relevant to roads and bridges and the allocation of these works to area municipalities expressed as a percentage of the total expenditure. The motion Carried unanimously. SOUND SYSTEM - COUNCIL CHAMBERS In reply to an enquiry by Alderman Wallace, the City Clerk advised that the matter of a public speaker system for the Council Chambers is being investigated, prices have been obtained and areport will be submitted to Council in the near future. BY-LAWS No. 72-202 - A By-law to authorize the reconstruction of Ontario Avenue from Park Street to Simcoe Street. (The By-law was read a first and second time on November 6, 1972). 'THIRD READING - Alderman Mann and Alderman Hunt. Carried Unanimously No. 73-31 - 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. (O.H.C. Senior Citizen Units, Portage Road) ORDRRED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By.~law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously - 10- By-laws (Cont'd) No. 73-32 - A By-law to provide for the adoption of an amendment to the bfficial'Plan of the Niagara Falls planning Area. (M. and C. Bubna, Ferry Street) ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Harrigan be granted leave to introduce the By-law and the By-law be given the first reading, Carried Unanimously ORDERED on the motion of Alderman Harrigan, seconded by Alderman Wallace that the By-law be now given a second and third reading. Carried Unanimously No. 73-33.- A By-law to appoint Stanley Charles Thomson, Acting Fire Chief. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Wallace be granted leave to introduce the By-law and the By-laW be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Wallace, seconded by Alderman Barrigan that the By-law be now given a second and third reading. Alderman Thomson declared his interest in the matter and abstained from voting. Carried Unanimously No. 73-34 - A By-law to authorize an agreement with The Government of Canada under the Local Initiatiaes Program respecting a swimming pool in Mitchelson Park. ORDERED on the motion of Alderman Schisler, seconed by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By-law be given the ~&rst reading. 9artfed Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman. H~rrigan that the By-law be now given a second and third reading. Carried Unanimously No. 73-35 - A By-law to authorize an agreement with The Goverr. nent of Canada under the Local Initiatives Prggram respecting the extension to Stamford Memorial Arena. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that Alderman' Wallace be granted leave to introduce the by-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Wallace, 8eeo~ded by Alderman Christensen that the By-law be now given a second and third reading. ~arried Unanimously No...7.3-)6- A By-law to authorize the execution of an agreement With · Consumers' Gas Co. for heating and water heating. ORDERED on the motion of Alderman Schtsler, seconded by Alderman W~llace that Alderman Walker be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that the By-law be now given a second and third reading. Carried Unanimously L - 11 - By-laws (Coat'd) ~o. 73-37 - A By-law to establish a plan for the co-ordination of municipal and regional services and certain volunteer agencies in the event of floods, hurricans, windstorms, blizzards, landslides, explosions, aircraft or rail crash, toxic or flammable gas escapes, building or structure collapse, uncontrollable fires or any other emergency, or the threat of any of the foregoing. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that Alderman Keighan be granted leave to introduce She By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Keighan, seconded by Alderman Wallace that the By-taw be now given a second and third readimg. Carried Unanimously No. 73-38 - A By-law to authorize an agreement with Canadian Corpos of Commissionaires (Hamilton). ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Schisler be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the By-law be now given a second and third reading. Carried Unanimously ~o. 73-39 - A By-law to authorize the execution of an agreement with H.J. Voth & Sons Limted for the construction of storm sewermains. (Brookfield Ave., Garden St., Mouland Ave. and Leeming St.) ORDERED on the motion of Alderman gchisler, seconded by Alderman Keighan that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously .~o. 73-40 - A By-law to authorize the execution of an agreement with H.J. Voth & Sons Limited for the construction ofsewermaina and watermains. (Prince E~ward Ave. and Cook Street) ORDERED on the motion of Alderman Schisler, seconded by Alderman gmeaton that Alderman Hunt be granted leave to introduce the By-law and the B~-laW h~ given the first reading. ~arried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given the second and third readings. Carried Unanimously ~o. 73-41 - A By-law to authorize the execution of an agreement with Richard J. Collee for the demolition of buildings. (4347 Morrison St., 4358 Huron St., 4300 Drummond Road.) ORDERED on the motion of Alderman Mann, seconded by Alderman Keighan that Alderman Hunt be granted leave to introduce the By-law end the By-law be given the first reading. ~arried Unanimously By-law No.73-41 (Cent'd) ORDERED on the motion of Aldernmn Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-42 - A By-law to authorize the acquisition of land fromMargaret Johnstone. (St. Clair Avenue) ORDERED on the motion of Alderman Hunt, seconded by Alderman puttick that Alderman Thomson be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimously No. 73-43 - A By-law to amend By-law No.3~90, for the regulation of traffic. ~Epworth Circle) ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Alderman Thomson be granted leave to tintreduce the By-law and the By-law be given the first reading. The motion ~arrie.d. with Alderman Keighsn voting contrary and all others in layout. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the By-law be now given a second and third reading. The motion Csrried with the following vote: AYE: kfdermen Christensen, Hunt, Fera, Mann, Harrigan, Smeaton, Schisler, Walker, Thomson, Wallace. NAYE:Aldermen Keighan and Puttick. No. 73-44 - A By-law to amend By-law No.3790, for the regulation of traffic. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera~ that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton~ seconded by Aldernen Christensen that the By-law be now given a second and third reading. Carried Unanimously .No. 73-45 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera that the By-law be now given a second and third reading, Carried UnanimousiX ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Walker that the meeting adjourn to Committee of the Whole. - 13 - READ AND ADOPTED, COMMITTEE OF THE WHOLE Connittee Room f/l, February 19, 1973. Council met in Connnittee of the Whole following the regular Council meeting of February 5, 1973. All members of Council were present. Alderman Mann pros ided as Chairman. Following consideration of the items presented, the Conmittee of the Whole arose without reporting. REZ~D AND ADOPTED, Mayor COUNCILMEETING Council Chambers, February 19,1973. Council reconvened in open session following the Committee of the Whole Meeting held February 19, 1973. All members of Council were present. His Worship Mayor George Bukator presided as Chairman. READ AND ADOPTED, Council adjourned on the motion of Alderman Mann, seconded by Alderman Hunt. Mayor EIGHTH MEETING SPECIAL MEETING Council Chambers, February 21, 1973. Council met in special session on Wednesday, February 21, 1973, at 7:30 p.m. for the purpose of hearing the details of a proposal by Cansdis (Niagara Falls) Ltd. to establish a shopping centre on Dorchester Road. All Members of Council were present with the exception of Alderman Puttick. His Worship Mayor George Bukator presided as Chairman. Also in attendance were: John T.pennachetti,President, Canadia (Niagara Falls) Ltd. Cha~tes (Bud) Chaffey, Vice President, Canadia Donald N. Chapman, Associate Architect, Niagara Falls John Matthews, Solicitor, Niagara Falls Michael McQuaid, Solicitor, Weir & Foulds, Toronto Murray V. Jones, President,Murray V. Jones & Associates Ltd., Toronto Peter Walker, Partner, Murray V.Jones & Associates Henry Fleiss, Architect Toronto Dean Feltham, Executive Vice President,Western Realty Shopping Centrag.Toronto Elliot Yarmon, Vice President Western Realty Projects Ltd., Toronto His Worship Mayor Bukator explained that the meeting had been arranged to acquaint the new members of Council with the Canadia proposal and for the developers to provide up-to-date information. A similar meeting will be held on February 26, 1973, to hear the details of the Niagara Square application. BACKGROUND Mr. Penachetti reviewed the events leading to the current plans for the development of a $10 million shopping centre on the Canadia site located at the northeast corner of Dorchester Road and the Queen Elizabeth Highway. He spoke about the initial purchase of the property in 1965; the operation and disposition of the educational attraction "Cansdiana"; the change in zoning which deleted commercial development in industrial areas and the subsequent rescinding of the by-law; the firm's association with Bramalea, Subilomar and R.V.Anderson AsSociates; the decision of the Ontario Court of Appeal regarding Oshawa \~T~holesale Ltd. vs Canadia (Niagara Fails) Ltd.; the objections of the Petti~ Subdivision Residents Association and the decision of the Ontario Municipal Board respecting Cannai Holdings. Mr. Penschetti announced that "Dorchester Square" will be developed jointly by Western Realty Shopping Centrag Ltd.' and Canadia (Niagara Falls) Ltd. on the Dorchester Road site. DEVELOPMENT Mr.Feltman stated that Western Realty Projects Ltd. is the fourth largest land developer in Canada having in excess of 7000 acres of land under development including industrial buildings, office buildings, apartment buildings, rental housing senior citizen residences and retail shopping. Western Realty Shopping Centres is a subsidiary of Western Realty Projects.. Since becoming active in the Eastern Canada market the firm has acquired $4 million dollars worth of land for development in Ontario, A study of the Niagara Peninsula indicated excellent opportunities for the development of a full-enclosed mall, particularly in the City of Niagara Falls. Mr, Yamon commented on the size, scope and activities of Western Realty Projects. A slide presentation indicated the net land holdings of the company. The visual presentation featured the company's holdings in Calgary, Edmonton, Fort Saskatchewan Vancouver and White Rock. ARCHITECTURAL INFORMATION The architectural concept of the Dorchester Square proposal was described by D.Chapman. The site is buffered on the south by the Hydro Electric Power Canal; on the west by light,clean industry; on the east by Pettit Avenue and Mr.Chapman suggested that a substantial green area north of the property would be suitable for a municipal swinuing pool or skating rink. Landscaping Architecture (Cont'd) will be used extensively around the perimeter of the plaza and will enhance approaches to the project. The slope of the land will allow a lower level for a shopping area; sn all-enclosed recreation. sports-entertainment complex, two theatres, bowling alley and with sufficient space for other facilities such aa health clubs, community services, etc. Mr.Chapman stated the con- struction period will not interru~ existing services or traffic in the area. Be suggested, because of the svailabilitY of services in the immediate area the project could be completed on this site sooner than other areas deemed to be suitable for a regional shopping centre. Mr. Fliece provided information regarding the design of the plaza which will include three department stares and one major food store connected by malls with retail stores on each side. In addition to the main level, the slope of the property permits the lower level described earlier by Mr. Chapman. A sky-lit mezzanine on the upper level has a gallery overlooking the main area and provides access to office facilities. At each department store there will be s fairly large court each one decorated differently. Mr. Flieee said the plaza is designed toebe built in two phases. Two department stares, the supermarket and the main mall area are included in the first phase. The second phase will provide the third dep~rtment store, mall stores and the lower level facilities. i pLANNINq The role of Mr.Jones was to investigate the effect of additional commercial ~pace on existing facilities in the Niagsra Region with con- sideration being given to the Regional planning program. The draft Regional Official Plan, population statistics, resources and the ~olume of business were also studied. On a tabled map of the Niagara Region, Mr. Jones indicated the plaza site in relation to existing commercial areas. The ',impact study", he said, indicated that Dorchester Square would meet the needs and desires of Niagara Falls shoppers; will not adversely affect existing cormnercial development; is easily accessible to all areaS; would compete for sales presently going elsewhere in the Region; is convenient to existing and proposed major road systems and can be serviced by public transportation. LEGAL INFORMATION In accordance with an earlier nmrket study, the Official Plan Amendment for Canadia contained 190,000 gross lease floor space in the first. phase and 325,000 sq. ft. in the second phase. Mr. MeQuaid advised that on-going studies indicated 325,000 sq. ft. of commercial area in the first phase and 600,000 sq.ft. in the second phase would he ~iable and realistic. The City Council will be fp~mally requested to amend the Official Plan amendment accordinglY.!' ~r.' Menuaid indicated that discussions with the ~_~p14~4~_~B_tbp_plBnnin~ Administrator regarding an agreement to implement the zoning by-law will be resumed. - 3- Questions and Answers (Cost'd) What is proposed for the area where it was originally intended to build apartment buildings? Canadia still owns approximately four acres located east of Pettit Ave. which will not be developed in the first phase. Planning principles indicate a medium density residential area which will mean no high rise buildings. It is possible that a townhouse type of development will be designed to act as a buffer between single family and commercial areas. Q. Size of site? A. Approximately 37.6 acres. The final alignment of Pettit Ave. will have a bearing on the area to be developed. Q. Floor area of department stores and supermarket? A. First department store - 90,000 sq.ft.; second department store - 60,000 sq.ft.; supermarket - 30,000 aq.ft. Q. Contractors? A. The developers will follow their usual practice of tendering major projects to. the construction industry. Q. Traffic ingress and egress? A. The indicated entrances and exits at Dorchester Rd., Dawson St. and Pettit Ave. are subject to change when final plans are completed. Q. Does W.R.P. have a plaza under construction in Ontario? A. Dorchester Square is the company's first project in Ontario. Q. In the partnership of Canadia and Western Realty Projects, who has control? A. W.R.P. has control. QBEST 'O S ANgeRS Q.What is the t~metable for construction? A.The developer desires to con~ence construction of the first phase as early ~!~ Q' as possible and the date will be determined by the approval of Council and ,~-. A the approval of the Minister, Construction could commence twelve months ~ Q. after approval and continue for a nine to fwelve month period. The only ~.- A. limitation on proceeding with the project would be ftnalization of a detailed design and preparation of working drawings, What guaranty would be provided that Phase 2 would be carried out? Subject to a major economic trend, Western Realty Projects are prepared to connit themselves to completion of the secnnd phase as a condition of approval. Q.MaJor [ensnts? A.Negotiations are underway. There are two possibilities in the Canadian Q.Traffic study? A.An earlier study indicated no traffic problems in the first phase and the tying in of the second phase with the extension of Morrison gtreet. Another firm has been engaged~ a study. has been undertaken and discussions to dace foresee no problems. How many stores in the completed complex? It is difficult to state a definite number because of variance in the size of the stores. The centre mall stores consist of 150,000 sq. ft. of floor space which may involve 50 to 65 outlets. The stores will be leased by the partnership. Q. Two theatres? A. There is space for two theatres. The company involved may want to establish one large theatre or two smaller ones in the first phase. Q..Swimming pool or skating rink north of the site? A. The green belt buffering the northern part of the'property would appear to be the parking area. The developers have indicated they would be willing to deed the area to the City for such purposes and would permit the City to hook np to. plaza services. Amount of office space? Between 15,000 and 30,000 sq. ft. A detailed study has not been undertaken. Keiffer St. - Cropp St. grade crossing? Projects Engineer, A. Lamb, commented on the required grade separation between the C.N.R. and Dorchester Road. It has not been determined if the structure will be an overpass or an underpass. In either case, CroppaSt. will be closed and Keiffer at. will be affected to a limited extent, How many square feet of floor space is required for s regional shopping plaza? Mr. Jonesv suggested that the term "regional plaza" lacks definition and said that Dorchester Square is regional in the sense that it is designed to serve the regton..Mr.McQuaid noted that the definition of a regional centre formed a major portion of the hea~dngrbef~re.~Mr. Justice Mouldon in Cayuga and evidence indicated t hat anything over 350,000 sq.. ft. was a regional centre. -4 - Questions and Answers (tout'd) Cash Penalty Bond if the second phase is not carried out? The City Solicitor stated that this condition was recommended by the planning and Development Committee and was part of a proposed development agreement. A draft agreement was prepared in August of 1972 but Cansdin officials were not satisfied with the City's proposal at that time. Mr. penschetti said that Canadia could not accept a condition that was "open- ended". For example, the costs involved for off-site servicing were not known. The proposed agreement required that Canadia furnish a letter of credit which would be forfeited if the developers did not pay off all the services required by the City, the Region and the Department of Highways. It was the opinion of the developers that a "top figure" should be set and the matter had been referred to consultants for a recommendation. COMMENTS OF P.E.JOSELIN Mr. Joselin addressed Council on behalf of the Pettit Subdivis ion Residents Association which is comprised of homeowners residing on Bracken, Carolyn, Heather and the existing protion of Pettit Avenue. A prepared brief, distributed to members of Council, outlined the Association's objections to the Canadia proposal. Mr.Joselin suggested that the recommendation of the Planning and Development Committee that the application be denied and the approval by a 6-5 vote did not indicate a clear-cut endorsement of the proposal. He advised that despite the most recent presentation, members of the Association remain convinced that the Canadia proposal is not large enough; does not have the required type of tenant; ia not in the best location; does not provide sufficient space for expansion or secondary development and does not provide adequate parking for a cou~ercial develop- ment consisting of 600,000 sq. ft. The speaker also cited increased traffic on Dorchester Road, Valley Way, Morrison St. and' through the Pe~t~t Ave. subdivision as reasons for the objections of the Pettit Subdivision Resident~ Association. Mr. Jogolin urged members of Council to not support the propose. of Canadia. The meeting adjourned to Committee of the Whole on the Hunt, seconded by Alderman Walker. READ AND ADOPTED, motion of Aideman NINTH MEETING SPECIAL MEETING Council Chambers, February 26,1973. Council met in special session on Monday, February 26, 1973, for the purpose of hearing a presentation by representatives of Niagara Square Corporation regarding a proposed shopping centre. All Members of Council were present with the exception of Alderman Hunt. His Worship Mayor George Bukator presided as Chairman. Also in attendance were: Ronald Routledge, President, Mardress Investments Ltd. Warren Scott, Executive Vice President, Select Properties J. Long, Damas & Smith Ltd. D.Greenspan, Solicitor, Greenspan and Vaughan. Mr. Routledge stated that Mardress Investments selected Niagara Falls as a site that presented outs tanding opportunities for commercial development. The land assembly on the two south quadrants of the Queen Elizabeth Highway - McLeod Road intersection was completed in 1971. Realizing the potential of the property assembled, Mardress entered into negotiations with Select Properties Ltd. a subsidiary of Orlando Real Estate Corporation. Orlando, he said, is one of the largest most successful developers of industrial real estate in Canada. The joint venture is known as Niagara Square Corporation and is controlled by Select Properties. Members of Council were provided with copies of a Niagara Square brochure, an economic analysis of the shopping centre, a study by Damas & Smith dealing with all aspects of the traffic situation, the Orlando group's latest financial statement and an Orlando publication illustrating the type of building the developers are conm~ttted to build in Phase 1 of the proposal. Mr. Scott commented on the capabilities of Select Properties, developers of projects in nmny Ontario municipalities representing a total value of $18 million. During 1972, he said, the Orlando group started or completed in excess of one million square feet of industrial space. A slide presentation illustrated industrial and commercial buildings constructed by Orlando. Mr. Scott advised that Niagara Square is committed to build~an 25,000 sq.ft, incubator-type mall in the first phase of the commercial develop- ment. The Niagara Square Industrial Park will ultimately aceorenodate single tenants and multi-tenant buildings. Industrial park lands will be temporarily used for the operation of an existing trailer park and will act as a catalyst for new industry in Niagara Falls. He suggested that Niagara Square repre- sents an opportunity for the City to provide a fully-enclosed, air-conditioned modern shopping centre and an industrial complex that will stimulate industrial and commercial growth and provide the latest innovations of nmll construction design. Mr. Scott described a "regional shopping centre" as having eight characteristics: 1)Location; 2)Traffic Accessibility; 3) Geography; 4)Service Ability; 5) Viability; 6) Compatability; 7) Tenancies and 8) aesthetic design. Tabled plans illustrated the phasing of the commercial and industrial aspects of the proposal and the various types of stores contemplated. Included in the first phase of the shopping centre are two department stores, a food store, theatre, 40 to 45 mall stores and "common" areas. Phase 2 will provide an additional two-storey department store, additional mall stores and common areas. When warranted by demand the developers will proceed with the third phase which includes a multi-storey office building. Mr. Long reviewed the traffic analysis undertaken for Niagara Square. Projected charts and nmps demonstrated traffic accessibility, peak hour traffic, travel time studies, distribution of traffic to and from the development, proposed improvements to existing streets and highways, con- struction of the Q.E.W.-McLeod Road interchange, proposed access to Niagara Square and four alternative road schemes that have been cons idered. It is estimated that 9800 vehicles per day will be directed to the shopping area for the first phase; the complete complex will draw an estimated 22,000 vehicles per day in and out of the area. Studies also indicate that most of Niagara Falls is within ten minutes of the site with the average t~avelling time being seven to eight minutes. - 2- In regard to services, FIr. Long noted that Niagara Square can be serviced by either the existing pumping station at the southwest corner of the interchange or a new pumping station to be constructed in the area. Existing watercourses have sufficient capacity to handle storm drainage. The centre can be serviced by an existing watermain on the west side of of the Q.E.W. as well as a new 12"nmin under construction. In respect to "timing", Mr. Scott suggested if the project received Ontario Municipal Board approval by June, 1973, construction could commence three months later and the centre completed by the fall of 1974. He advised that although the developers are not in a position to disclose the names of potential tenants, permission has been granted to provide information to City Council and staff regarding thirty interested businesses with the understanding that the names will remain confidential. Mr. Greenspan stated that Niagara Square is the only shopping centre application to be "legally perfected" the previous Council having approved an official plan amendment, a resoning by-law and an executed developer's agreement has been delivered to the City Solicitor. He said indications are that the O.M.B, will not approve two major shopping centres in Niagara Falls unless Justified by planning evidence and he was not aware of any evidence that would Justify approval of both the Canadia and Niagara Square proposals. Mr. Greenspan urged Council to approve one application, repeal the other and go before the O.M.B. as quickly as possible with one proposal. He suggested that in addition to the opposition of Oshawa Wholesalers, another problem has been created by the draft Regional Official Plan which, he said, was designed to keep Niagara Falls as the ,,dormitory" and tourist centre of the Niagara peninsula with St.Catharines as the commercial centre. He noted that in the proposed Regional Official Plan, no shopping centre of a regional character is proposed for Niagara Falls nor are the Canadia or Niagara Square sites designated as shopping centre areas. In reply to questions posed by members of Council, ~epresenta- rives of Niagara Square indicated that no further studies regarding their proposal were considered necessary. It was suggested that if it was the intention of the City to present more than one application to the O.M.B., an "impact study" would certainly be advisable and necessary. The industrial incubator space will be built entirely on speculation although there have been many enquiries as to when the facilties will be available. Industries that outgrow the incubator acconnnodation are re-located in the Niagara Square Industrial Park. The company's holdings include property on which a large industry could be built but such an pndertaking would require road construction as provided in the developer's agreement. The developer's agreement with the City provides that the second phase of the project will not be proceeded with until the trading area or retail sales potential warrants it. It was confirmed that the developers have , connnitments from two types of department stores. It was pointed out that a full line departmant store, a department store that can offer lower priced merchandise, local merchants and national chains are required. The City Solicitor confirmed that the Canadia amendment to the zoning by-law and a developer's agreement have not been completed. His Worship Mayor George Bukator thanked the Niagara Square representatives for attending the meeting and for their presentation. The meeting adjouened on the motion of Alderman Schisler seconded by Alderman Keighan. READ AND ADOPTED, Mayor TENTH MEETING Council Chambers, March 5th, 1973. REGUIAR MEETING Council met on Monday, March 5th, 1973, for the purpose of considering general business. All Members of Council were present with the exception of Alder- man Walker. His Worship Mayor George Bukator presided as Chairman. Alderman Schisler offered the Opening Prayer. MINUTES The minutes of the Meetings of Council held on February 19th, 21st~ and 26th, 1973 were adopted as printed on the motion of Alderman Puttick, seconded by Alderman Keighan. His Worship Mayor Bukator welcomed to the meeting, members of the Beta Sigma Phi Sqrority, who were present as observers. DEF/faTI ON Mr. Pat Fitzpatrick Mr. Fitzpatrick had requested permission to address Council on the subject of ~Welfare"· The request ~as approved on the motion of Alderman Thomson, seconded by Alderman Hunt. ~ Mr. Fitzpatrick referred to his present situation as a welfare recipient, and outlined the difficulties he w~s experiencing in attempting to provide the neces- sities of life for himself, his wife and child on the monthly allowance he received, vhich is themaximum amount allowable in his case. He statedhe had related his prob- lem to the Hon. John Clement, M.P.P. and other authorities, and while it was agreed he was in need of more assistance, it was not possible to grant him anything extra under the present policies of the Welfare Act. He stated he received an allowance of $241.00 per month, out of which he paid $150.O0 for rent and utilities, leaving a balance of $91.00 for food and all other needs. Mr. Fitzpatrick stated his wi~e had recently been hospitalized for a kidney ailment and she required a more nourishing diet to prevent a recurrence of her kidney infection. In addition, on his budget, it was not possible to provide such items as winter clothing. He stated it was pos- sible that others on welfare could get along on such an allowance providing they were 'not in a critical situation when they went on welfare. He stated he Fas quite will~ ing to work, but pointed out that in order to support his family and in addition pay for hospital and medical coverage and preseril~cion costs, he would have to earn at least $125.00 par week. As a result of Mr. Fitzpatrick's presentation it was suggested that a review be made of his predicament. It was also generally agreed by Members of Council that quite possibly his was not an isolated case, and the suggestion was put forward that the entire welfare system should be looked at. UNFINISHED BUSINESS Comm. L155 - Lyons Creek property owners - Requesting the installation of street light- ing on Lyons Creek Road between Sodcm Road and the bridge at the Boat Club. Report 93 - City Manager - Recommending the installation of ten 175-Watt Mercury Vapour Lighting Units along Lyons Creek Road in the area requested by the petitioners. ORDERED on the motion of Alderman Hunt seconded by Aldennan ~emson that the Repor~ be received and adopted. Report 84 - City Manager - Resolutions received from Ontario Municipalities, includ- ing a resolution from the City of Stratford recc~mending the anactment of legislation respecting Arbitration Boards. Report94 - City Manager - Recommending the endorsation of item 4 of Stratford's res- olution, being a request for legislation to establish a panel of competent arbitrators who are con~ersantwith all phases of municipal financing and who will give equal consideration to both points of view at an arbitration hearing. It was moved by Alderman Themson, seconded by Alderman Hunt that the City ~nager prepare, for the consideration of Council, a resolution for distribution to other Cities in0ntario on this City's reccemendations relative to the operation and de- cisions of arbitration boards; and that the resolution from the City of Stratford be received and filed. This motion was Defeate__dwith the following vote: ~ Aldermen Hunt, Thomson, Wallace. Nay?_j AlderS, an Christensen, Fera, Mann, Harrigan, Keighan, Puttiek,.Smeaton, Schisler. It was moved by Alderman Sineaton, seconded by Alderman Christensen that the Report of the City F~nager be received and filed. This motion ~ms DeJeate_d with the following vote: A~e..'. Aldermen Christensen, Fera, ~neaton, Thornsons Wallace. ~ye.: Aldercan Hunts Manas }[arri~an, Kei~han, P~tticks Schisler. It was O~dered on the motion of Alderman Putticks seconded by Alderman Schisler that the Repof6 and recc~nendation of the City Manager be received and adoptads cad the City endorse the request for legislation to establish a panel of competent arbitrators as out- lined in item 4 of Stretford's resolution. This motion was ~Carri.e.d. with the followin~ vote: Aye.' Aldermen Schisler, Hunt, Mann, Harrigan, Keighan, Puttick, Sineaton. Nays! Aldermen Chrlstensen~ Fera, Thenson, Wallace · COMMUNICATIONS. (No. 22 - Mr. John T. pennachetti, President, Cansdid (Niagara Falls) Ltd. - Requesting (a further hearing before Council regarding the Dorchester Square presentation. 'ORDERED on the motion of Alderman Puttick, seconded by Alderm~n Schisler that the eom- 'munication be received and the spokesman for Canadia be heard by Council. This motion was Carried with Aldermen Keighan voting contrary and all other members in fayour. No. 23 ' Mr. B. S. 0nyschuk, Thenson, Rogers Legal Firm - Requesting the opportunity of addressing Council in respect to shopping centres in Niagara Falls. ORDERED on the motion of Alderman Schlsler, seconded by Alderman Thomson that Mr. Onyschuk be invited to address Council at the next Council Committee meeting- This motion was Carried with Alderman Keighan voting contrary and all other members in fayour. No. 24 - Mr. P. E. Joselin, ChaiIl~an, Pettit Subdivision Residents Assco.-Commenting on (Official Plan Amendment proposed by Canadia representatives. (OP3EBED on the motion of Alderman Keighan, seconded by Alderman Wallace that the com- (muntcation be received and filed and Mr. Joselin be notified of the next Council (mittee Meeting in order that he can speak. Note: It was indicated that the next Council Cc~m~ittee Meeting, scheduled for March ' 12th, 1973, would be held in the Courtell Chambers in view Of the possible number of persons who would be in attendance. No. 25 - Greater Niagara SoftbaH Association - Requesting permission to use the Bridge Street Grounds for the King Sh(~{s Ilmited family carnival for the period May 7th to 13th, 1973. ORDERED on the motion of Alderman Mann, seconded by Alden~an Schisler that the c~m- munication be received and the request be granted on the understanding that the carnival will not operate on Sunday, May 13th, 1973, and that the operator will supplY proof of cenprehensive tnsurunee coverage. No. 26 - AGF Fiduciary COunsel Limited - Requesting permission to Furchase Lot 44 and option Lots 43, 42, 32, 13, 14 for a period of 1~0 days, in the ~alls Industrial Perk. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the communication be received and the City Manager be authorized to negotiate with the Firm for the l~rchase and option of certain lots in the Industrial Park. No. 27 - Mr. R. K. MoOserge for Casey Street homeowners - Advising of the concern of 19 families who recently moved into new homes on Casey Street who have reeent3~Y learned of the construction of an alm~tment building hear their area, and requesting the City Council to take setion to ha~e the coastmarion of the apartment building discontinued, and other requests. ORDERED on the motion of Alderman Wallace, seconded by Alderman Harrigan that the com- munication be received and filed. SEE page 8, paragraph 6. No. 28 - Regional Municipality of Niagara - Advising that during the months of March to June, inclusive, meetings will be held with Municipal Councils and citizens tO dis- cuss the Regional Niagara Official Plan consultant's working draft document, and sugg- esting the date of Monday, April end for the meeting with the Niagara Falls City Council. 0REgalED on the motion of Alderman Mann, seconded by Alderman Hunt that the cemmunication be received, and the meeting be held on April 23rd, 1972. Note: It was subsequentlY noted that the above date is a holiday. The City Clerk ' will contact the Region to select an alternate date. No. 29 - Niagara Falls Lions Club - Requesting that the City give their consent for the sub-letting of the Day Care Centre on Drunkend Road and a portion of the sur- rounding lends, to the Regional Municipality of Niagsra. Such a lease would relieve the Lions Club of operational cost of the Centre~ and would enable the Lions Club to proceed more speedily towards the development of the next stage of the proposed recreational cenplex for the residents of the City. 0ERERED on the motion of Alderman Keighan, seconded by Alderman Th~nson that the communication be received and Council support, in principle, the request of the Lions Club to attempt to negotiate a sub-lease with the Regional Municipality. It was understood that this matter would be referred to the City Manager for a report on the advisability and an~ legal implications involved in the request. No. 95 - City Clerk - Report of the Council Cummittee (Alderrash Schisler was absent from the Council Chambers) A. Extension to Stamford Memorial Arena. The Council C~mnittee recommends the ,ca/l- ing of tenders for the construction of a satellite arena; the tender call to be published on March 15, 1973 with a closing date of March ~7, 1973. ORESBED on the motion of Alderman Puttick, seconded by Alderman Hunt that the Report be received and reeonmendation adopted. This motion was Carried with Alderm~n Keighan voting contrary and all other members in fayour. (Alderman Schisler returned to the Council Chambers) B- D~m~.ond Road/Portage Road/Morrison Area ROad Network - The Regional Public Works and Utilities Camm~ttee had invited representatives of City Council to meet with them on March 6, 1973 at ~:30 p.m. to discuss this matter. The Council Committee recammends that representatives of the Regional Public Works and Util- ities C~ittee be asked to meet with City Council on March 12~ 1973, and that His Worship Mayor Bukator be authorized to negotiate an acceptable date if March 32th is not acceptable to Regional representatives. 0RUERED on the motion of Alderman Keighan, seconded by Alderman Mann that the recommendation of the Council C~m..ittee be adopted. This motion was Carried with Alderman P~ttiek voting contrary and a] l other members in favour. C. Sign at Houdini Hall of F~m~ - The Building Inspector informed Council that an application had been received from the Houdini Magical Hall of F-m~ to erect a sign on the former Penn Central Railway station on Victoria Avenue. The Council C~ittee recommends that the application to erect signs on property known as 4983 Clifton Hill be granted on the understanding that the exterior of the build- ing will ha renovated in accordance with the sketches submitted in support of the application, and further, that the City Manager be authorized to contact officials of Penn Central to discuss the possibility of. re-locating or removing a large utility post presently situated on Clifton Hill between the building and the rail- way tracks. ORDM~ED on the motion of Alderman Sineaton, seconded by Alderman Themson that the reeomnendations of the Council C~mmittee be adopted. No. 96 - City Manager - Recommending that the tender of Vince Audibert in the amount Of $~,160.08 (including Prey. Sales Tax) be accepted for the supply of shirts for the Fire Department. ORDERED:on the motion of Alderman Schisler, seconded by Alderman Hunt that the Report be received and recemnendation adotf~ed. No. 97 - City Mana r - Reco~xnending that the tender of Marshall's Men's Shops the amount of $6,7~5.68 be accepted for the supplY of Uniforms, and the Tender of Rosbergs in the amounts of $902.29, $191.00 and $1,0/1.65 respectively, be accepted for the supply of topcOats, ties and trousers. 0REM~ED on the motion of Alder-m--~ Hunt, seconded by Alderm.n Fera that the Report be received and rec~andations adopted. No. 98 - planning and Develolmmnt 0~m~itbee - C~m~ercinl Develol~nent Policy. Recom- mendations: 1) Decide upon and proceed immediatelY with one new retail c"m~ercial complex with an ultimate size of over 500,000 sq. feet of gross leasable area to be developed in clearly controlled stages in the City of Niagara Falls, adjacent to major traffic arteries, according to retail market re~uirements. Encourage modest expansion of retail facilities in the commercially designated vacan~ and Occupied lands in the Stamford, Drumend and Chippawa e;~;.~nities. Continued on page Report No. 98 Continued ' 3) Encou/~ge modest expansion of retail facilities in the commercially designated vacant and occupied lands in the downtown area (Elgin ~ommunit~) and consider-some additional exlmnsion into vacant land not now designated cc~mercial if and when desir- able proposals designed to strengthen the function of downtown are submitted. 4) Allow for a new community size retail facility in either the north-west or Westlane c~mnunities related to the rate of residential develolm~ent in these areas, in a fayour- able location relative to the new c_-w~rcial complex outlined in Rec~endetion 1 and consistent with secondarY plans to be prelmred for these districts. 0RDEEED on the motion of Alderman Wallace, seconded by Alderman Ketghan that the Report and four rec~mnendations be adopted. This motion was Carried with Alderman Puttick voting contrary and all other members in fayour. No. 99 - Planning and Development CCemittee - Commercial Develolm~ent Policy Implemen- tation, A~-~5/Yl Niagara Square and AM-B/T2 Cansdis- Advising of action required tO implement the Policy outlined in Report 98. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the Repor~ be received and the four phases of action outlined be adopted. This motion w~s Carried with Alderman l~xttick voting contrary and all other members in fayour. No. 100 - City Manager - Review of Industrial Expansion. 0RDFaED on the motion of Alderm~n Hunt, seconded by Alderman Christensen that the Report be received and filed. No. lO1 - City Manager - Recommending that the Planning Administrator be authorized to attend the two-day Workshop on Planning, progr~g and Budgeting Systems to be held in Toronto on March 30~and 31st, 1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the Report be received and adopted. No. 102 - City Manager - Advising of Regional Assessment Department decisions re: staff and records at the Niagara Palls office at City Hall. ORD~ED on the motion of Alderman Hunt, seconded by Alderman Keighan that the Report be received and filed. No. 103 - City Manager - Recommending that the salary classification of Acting Fire Chief, S. R. Thomson be established at Step 4 of Level ll, and the salary of Acting Deputy Chief Barr be established at Step 4 of SalarY Level 9 of the 1972 salary schedule. OREERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the Report be received and adopted. Note: Alderman Thomson abstained from voting on this motion. No. 104 - City Manager - Recommending that Niagnra Falls Hydro be authorized to proceed with the 1973 Lighting Improwemont Program to a maximum of $25,000 and that they be authorized to proceed in 1974'with the com!~letion of the prOgram at an estimated cost of $15,0OO. OREEND on the motion of Alderman Christensen, seconded by Alderman Fera that-the Report be rezeived and rescemmendatlons adopted. No. 105 - City Manager - Niagara Palls Board of M~seums Appointees. Advising that it is necessary for Council to designate five persons and two Alderman representatives to ze~ve on the Board. 0REMEED on the motion of Alderman Wallace, seconded by Alderman Narrigan that the Report be received and approved in principle and that the matter of appointments be referred to C~ittee of the Whole for decision, and the appointments be ratified at a subse- quent Council Meeting. No. 106 - Plannin~ & Develolanent Ccemittee - Providing information in respect to cer- tain subdivision and/or re-zoning applications: N.P.H.B. (Ascot Woods);. Block B - Casey; Tam Rolling Acres Extension; Schneider ConstructionJ Taro Leawood -Estates; Ealcin. (See By-laws 73'46, 73'47, 73-48, 73'49, 73'50, 73'51, 73'52) : OREI~c~D on the motion of Aideman Mann, seconded by Alderman Fera that the Report be received and filed. -5- No. 107 - City Manager - N.P.H-B. Land Developments Ltd. proposed plan of subdiv- ision, Montrose Road. Dept. File: 277-92518. Racemending that Council approve of the request of the applicants concerning the development of a portion of the plan at this time, subject to the compliance with several conditions. ORDERED on the motion of Alderman Keighan, seconded by Alderman Christensen that the Report be received and adopted. No- 108 - City Manager - Proposed plan of subdivision, south side of Beaverdams Rd., north of Lundy's Lane, Windsor Park. Dept. File: Z77-23345. Rec~mnending that the questionnaire form be returned to the Ministry of Treasury, Economies and Inter- governmental Affairs indicating that the Municipal Council is not prepared to recom- mend approval of the draft plan at the present time, since the plan is considered to be prem-ture. 0RED on the motion of Alderman Keighan, seconded by Alderman Hunt that the Report be received and recommendation adopted. No. 109 - City Manager - Recommending that Council authorize the passing of By-law No. 73-54 to exempt the two-f-m~ly lots in Registered Plan N.S. 18 from part lot control, in accordance with a request received from solicitors representing Lindev Corporation Limited. ORIERED on the motion of Alderman Puttick, seconded by Alderman Fera that the Report be received and recommendation adopted. No. 110 . City Manager - Federal Capital Pro~ects Fund. Advising of Press Release dated Feb. 2~, 1973 from the office of the Provincial Treasurer concerning the Fund, and stating that a request has been made by the City for more definite details such as definitions of types of projects, the acquiring of applications and the eligibil-. ity requirements, and that such information is expected shortly. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hm~t that the Report be received and filed. No. 111 . City Manager - 1972 Annual Repor~ - Building Department. 0RINSED on the motion of Aldenart Hunt, seconded by Alderman Christensen that the Report be received and filed. No. LLe - City Clerk.- Reem~mending the granting of Municipal Licenses. 0PEERED on the motion of Alderm~- Christensen, seconded by Alderman Narrigan that the Repor~ be received, adopted, and licences granted. No. ll3 - City Manager. - Recentending the payment of Municipal Accounts. ORDFaED on the motion of Alderman HUnt, seconded by Alderman Mann that the Report be received and adopted. Note: As a result of a question by Alderman Smeaton regarding mileage rates and all"'gwances, the City Manager indicated he would bring in a report on this matter. RESOLUTI0~ NO. 15 - THOMSON - 8CHISLER - RESOLVED that the Council of the City of Niagara Falls hereby petitions the Ministry of Transportation & Camnunications for subsidy under the provisions of the Public T~ansportation and Nighway Improvement Act on expendi- totes made during the year 1972 in the mount of $2,16~,863.68; AND the Seal of the CorD- oration ~e heretO affixed. Carried Unanimously BY-LAWS No. 73-46. A By-law to amend By-laws Nos. 2350, 1959 and 2~30, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as ~mended. (Taro - Rolling Acres 1 - Dorchester Road) 0RL~m~D on the motion of Aldenrain;Hunt, seconded by Alderman Harrigan that Alder~m? Schisler be ~nted leave to introduce the By-law and the By-law be given the first reading. C~rried Unanimou~ly 0RE~RED on the motion of Alderman Schisler, seconded by Alderman Christensen that the By-law be now given a second and third reading.. Carried Unanimously A By-law to amend By-law No. 2530, 1960 of the former Township of StemT ford, now in the City of Niagar~ Falls, as amended. (Dalcin SubdivisiO~ ' Churches Lane & Stanley Ave-) ORdeRED on the motion of Alderman Hunt seconded by Alderman Harrigan that Alder- man Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by AldertuRn Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-48. A By-law to amend By-laws NOB, 2350, 1959 and 2530, 1960 of the former Township of StAmford, now in the City of Niagara Falls, as amended. (Ascot Woods Subdivision - East of Kalar Road, south of Woodbine St. ) ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that Alder- nan Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORREEED on the motion of Alderman Eaun, seconded by ~lderman Schisler that the By-law be now given a second and third reading- Carried Unanimously No. 7B-4~. A By-law to sinend By-laws Non. 2350, 1959 and 2530, 1960 of the former I Township of Stamford, now in the City of Niagara Falls, as Rm.nded. 0RE~EED on the motion of Alderman Hunt, seconded by Alderman Fera that Alder- man Narm be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously 0RIERED on the motion of Alderman Mann, seconded by Aldsrm~.n Harrigan that the By-law be now given a second and third reading. Carried Unanimously No. 73-50. A By-law to authorize a subdivision agreement with Taro properties Incor- porated. (Leawood Estates Subdivision - I~,nn Street) OREF~RED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Puttick be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously 0RD~EED on the motion of Alderman Puttick, seconded by Alderman Keig~an that the By-law be now given a second and third reading. Carried Unanimously. No. 73-51. A By-law to amend By-law No. 25BO, 1960 of the former Township of Stam- ford, now in the City of Niagara Falls, as amended. (Taro - Leawood Estates, l~lnn Street Subdivision) 0PaF~RED on the motion Of Alderman ~nn, seconded by Alderman Schisler that Alder- man ~meaton be granted leave-to introduce the By-law and the By-law he given the first reading. Carried Unanimo~ly' ONDEEED on the motion of Alderman ~meaton, seconded by Alderman Ha .rrigan that the By-law be no~ givdn a second and third reading. Carried Unanimously -7- No. 73-52. A By-law to authorize a subdivision agreement with George Schneider Construction Company Limited. (Stamford Green Drive at St.George St. ) ORDEBED on the motion of Alderman Hunt, s~conded by Alderman Sineaton that Alder- man Thomson be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORRERED On the motion of Alderman T~omson, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously NO. 73-5~. A By-law to authorize the execution of a grant of easement from The Bydro-Electric Power Cammission of Ontario for a storm sewer and outfall. ORY~RED on the motion of Alderman Hunt, seconded by Alderman Keighan that Alder- nan Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-54. A By-law to designate certain land not to be subject to part lot control. ' (Lots 1 to 20 inclusive, Plan N.S. 18) 0RESRED on the motion of Alderman Mann, seconded by Alderman Fern that Alder-' man Keighan be granted leave to introduce the By-law and the By-law be given the first reading. Carried ~nanimously 0RDEE the By-law be on the motion of Alderman Keighan, seconded by Alderman Christensen that now given a second and third reading. Carried Unanimously No. 73-55. A By-law to provide mOnies for general purposes. ORIJERED on the motion of Alderman Schisler, seconded by Alderman Sineaton that Alderman Hunt be granted leave to introduce the By-law a~d the By-law be given the first reading. Carried Unanimously OREF~qED the By-law be on the motion of Alderman Hunt, seconded by Alderman Christensen that no~ given a second and third reading. Carried Unanimously BUSINESS -shoppin~ Plaza Issue - Dates and Deadlines It was Ordered on the motion of Alderman tIarrigan, seconded by Alderman Wallace tha~ a deadline of midnight, April 2, 197S he set whereby all Reports are to be in from all developers to the appropriate City staff departments for their stud~, and that there be a special meeting of Council held on April 17 at which time ell final ' submissions from all interested parties will be made to Council, and reccemendetions frUm City Staff will be heard, and a vote taken on each proposal, for a final recom- mendatiOn to the Ontario Municipal Board for their approval. It was suggested by Alderman Thanson that an approach be made to the Ontario Municipal Board ~.,.edlately to have them establish a Hearing Date prior to the summer recess. Hiring of local labour by outside contractor Alderman Keighan referred to the Contract with the City and H.J.Voth & Sons Ltd. regarding the storm sewer instal)-tion on Brookfield Avenue, Garden Street, Moulend Avenue and Learning Street. He indicated that the contractor was not hiring the required percentage Of local labour as required in the Contract. The City Engineer, Mr. R. W. Rodretort, indicated he would look into this matter. Cherrywood Acres - Traffic Controls. Alderman Smeaton referred to several intersections in the Cherrywood Acres Subdivision which he considered to be very hazardous. He requested that the Projects Engineer review six intersections in this area and report on the justification for con~ tinusace of ~no controls". New Police Build/ng It was Ordered on the motion of Alderman Wallace, seconded by Alderman Puttick that: 1) Mr. D. R. Chalmmn, Architect, be ccmmissioned to meet with Chief Sherman and Deputy Chief Harris as soon as possible to complete up-dated revisions of the interior of the proposed new police building, and to complete new plans for that building which would be suitable to Chief Shennan and Deputy Chief Harris; and 2) that Mr. ChaIxnan be ccemissioned to obtain sod submit to Council, as soon as available, an up-to-date cost estimate for the construction of the building. Objectionable Movies at local theatre Alderman Harrigan read a letter he had received from six members of the local ClergY outlining their opinion On the gradual deterioration in the type of movies being offered to the public in Niagara Falls. The letter specifically reeferred to 2 movies shown at the Princess Theatre during the previous Week. The questionable aspects of the lay-out and content of the advertisement for the movies ~nich appeared in the local press was also mentioned. Alderman Harrigan ms of' ~he.' opinion that'the City Cotgncil should take a stand and openly disapprove of such movies and advertisements- It was agreed that the City Clerk would prepera an appropriate resolution for consideration of Council, which Could be forwarded to the appropriate Government Body for their attention and c~mnents. It was also indicated that the local theatre manager would be advised of Council' s opinion dn this matter. Inspection of Nursing Homes Alderman Puttick referred to the Report of the Associate Medical Officer of Health & Assistant Director of the Niagara Regional Health Unit, dated January, 1973. The Repo~ stated that during 1972 new legislation was enacted which provided that inspection of nursing homes would be done by the Provincial Ministry of Health. In August of 1972 the Health Unit discontinued regularly scheduled inspections. Alderman Thomson stated that the small Provincial staff carry out inspections only once a year, as compared to the more frequent and casual visits previously carried out by the Health Unit. He also c~mnented on the inadequacy of other areas of Provincial inspections. Alderman Puttick suggested that City Council back up the Regional Health Unit by advising the appropriate Provincial Department that the take-over of inspection duties is inadequate. I~ ~ Eviction - Fort Erie area. Alderman Puttick referred to a recent eviction case which took place in the Fort Erie area, as reported in the local press. The Alderman was of the opinion that prier to this drastic type of action being taken, other social agencies should have been approach' to render assistance. He suggested that an approach be made to the Crown Attorney to have him take this suggestion under advisement. Standardization of Real Estate purchase forms Alderman Thc~son requested that the City Clerk prepere an appropriate resolution regarding the standardization of Offer ~o ~urchase forms used by real estate firms. He suggested that the resolution request that these forms be standardized to include two seVerere clauses, one regarding the zoning of the existing property, and one regard- ing the zoning within 300 feet of the particular prOperty. He was of the-opinion that al~rospective purchaser, having such a form read to him, would be made e~mre of the pos- sibility of apartment construction or other types of eonSt~Aet.i.o~rioz-tO bu~ln~ a home. Shelters at Bus Stops for Senior Citizen locations It was Ordered on the motion of Alderman Thomson, seconded by Alderman Hunt that City staff investigate the possibility of erection or shelters at bus stops at senior sitidea locations in the City (Kiwanis Village, Allanthus Ave., Dorchester Manor, Greater Nisg&re Senior ditizen~ Aesoc.-Marrison ~ereet), Opening of Tenders - March 6th, 1973 His Worship Mayor Bukator appointed Alderman Puttick to attend at the Tender Opening at City Mall on March 6th. Cc~mittee of A Thousand Letter - W-5-4 Watercourse The City Clerk advised Members of Council of a letter which had been received from the Committee of A Thousand earlier in the day. The letter demanded that operations on the improvement of the Shriner's Creek Storm Sewer System be terminated forthwith until satisfactory answers were supplied on several questions. It was Ordered on the motion of Alderman Schisler, seconded by Alderman Keighan that the letter be referred to the City Engineer to get in touch with the Committee of A Thousand to provide an explanation of the works. -Nabisco Company, Niagara Falls, New York Alderman Christensen stated he had read that the Nabisco Company in Niagara Falls, New York had purchased a large tract of land for expansion. He wondered Whether this move would affect the operations of the Niagara Falls, Ontario, plant. The City Manager, Mr. S. R. Price, indicated he would look into this matter. Free Bus Transportation for Senior Citizens. Alderman Fera suggested that as a sign of respect for elderly persons,who had helped to establish the cc~nunity, they be allowed to travel free on City bus transportation. It was indicated that this suggestion had come before Council s~ne time previously, and it was agreed a report on this matter would be presented for Council' s consideration. It was Ordered on the motion of Alderman Mann, seconded by Alderman Harrigan that Council adjourn to Committee of the Whole. Mayor C0~ffe~ITEE OF T~E WHOLE Ccmmittee Roc~ ~1, March 5th, 1973. Council met in Cc~nittee of the Whole following the regular Council meeting on March 5, 1973. All Members of Councilwere present with the exceptice of Alder- man Walker. Alderman Harriganpresided as Chairman. Following consideration of the items presented, the Ccemittee of the Whole arose without reporting. Mayor C0~NCIL MEETING Council Chambers, March 5th, 1973- Council reconvened in open session following the Committee of the Whole Meeting held March 5th, 1973 · All members of Council were present · with the. eXcpp- '.t~on of.A~dermsn.Walker. '-His Worship. Mayor Bukator presided- Council adjourned on the motion of Alderman Hunt, seconded by Alderman Mann. Mayor ELEVENTH MEETING Corenittee Rooms 2 and 3, March 12th, 1973- SPECIAL MEETING Following a Council Committee Meeting on Monday, March 12th, 1973, Council E-convened in formal Council session, on the motion of Alderman Mann, seconded by Alderman Schisler. All Members of Council were present. His Worship Mayor George Bukator presided. By-law No. 73-56. A ~r-law to provide for the establishment and development of an ~Approved Park" in parts of Lots Nos. 9 and 10, Broken Front Concession, Welland River, of the former To~mship of Willoughby, now in the City of Niagara Palls. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given the first reading. (Alderman Pattick voted contl~ry and all other members of Council voted in fayour). Carried. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the By-law be now given a second and third reading. (Alderman Puttick voted con- trary and all other members of Council voted in favour). Carried. Report 114 - City Manager - Reconunending that the City authorize and direct the City Solicitor to lodge an appeal against the decision of the Con~ittee of Adjustment of February 20, 1973, F. Pattison, Consent Application B-12-73. ORDERED on the motion of Alderman Schisler, seconded byAlderman Hunt that the Report be received and recommendation adopted. NEW BUSINESS Septic Tanks - Waters Street, near LaScala Subdivision Alderman Puttick stated that there were several homes on Waters Avenue south of Margaret Street still using septic tanks, and he had been informed that some of the home owners were experiencing difficulties relating to ground saturation, etc. The City Engineer explained that when the second half of the nearby LaScala Subdivision is developed, a sanitary sewer which would ser~e these homes, would be extended. Alderman Puttick questioned whether the time limit for the extension of the subdivision had passed. It was Ordered on the motion of Alderman Puttick, seconded by Alderman Walker that a repor~ be brought in on this problem and what can be done to remedy it. Mr. Fitzpatrick Alderman P~ttick referred toM r. Fitzpatrick's presentation at the Council Meeting of March 5th on the subject of welfare assistance. Some discussion took place on several matters which had come to light in respect to Mr. Fitzpatrick's situ- ation. His Worship Mayor Bukator indicated that as suggested by Alderman Patrick a report be received from the Social Services Department on this matter. Shriner's Creek Watercourse Alderman Smeaton referred to the Shriner's Creek Watercourse Project and the constr~ction work presently under~ay. He stated he had talked to ma~y of the People involved, and was of the opinion that there was pollution from sources in the waterway which was killing ducks. He stated the people he had talked to felt they had not received the answers as requested from the City Staff on this matter, which had been brought to the attention of the City Council by the Committee of A Thousand in a letter read at the CouncilMeeting ofMarch ~th, 1973. Alderman S~eaton said he would like to see the project halted until the City can determine where the pallu- tion is coming from. The City Engineer stated that staff had talked to Mr. Mitch- inson of the Committee of A Thousand on March 9th, and in addition, the whole water- works area had been investigated. The City Engineer said that apparently Mr. Mltch- inson had one witness who saw a member of the Contractor's firm dump fuel oil down -2- stream from the site of the work. In addition, the City Engineer advised of an oil spill on Moatrose Road south of Thorold Stone Road where the oil had gone into the ditch. This spill, of course, was not on the contractor's work site. The City Engin- eer ~ms of the opinion that the pollution could occur frcm other areas than the work site, He explained that the W-5-1 watercourse is one of five branches leading to the duck sanrustY area, with perhaps 2 or 3 off-shoots. He also advised that over the past week-end vandals had knocked over a fuel tank on the work site. He stated that action · would be taken against the contractor if he is causing pollution. It ~ras indicated that there would be a report on this matter at the next Council Meeting- T~pe Recorder Alderman Harrigan requested clarification as to whether a tape recorder was allowed in the Co~aittee Rooms. Parking Meters Alderman Thornleon stated he had been approached about inaccuracy of the timing mechanism of parking meters in the City. The projects Engineer, Mr. 'Lamb, stated that some complaints were being received about this matter, and explained three possible reasons: is:- people are putting a nickel in the meter and are still expecting to re- ceive an hour' s parking time; the time indicator on the meter face is not pointing to the B0 minute mark (however the meter would run for the BO minutes); the meter is out of adjustment. Mro Lamb indicated that all the meters would be checked to deter- mine their accuracy- He further explained that if a person finds that a meter has timed out too quickly and as a result receives a ticket, this information should be noted on the ticket when it is sent in for payment, and City staff will check the meter and if it is found inaccurate, the ticket will be cancelled. Shelters at Bus Stops for Senior Citizen locations Alderman Thomson referred to the conmmnts he had made at the Regular Council Meeting of March 5th concerning shelters at bus stops for senior citizen locations at which time a motion had been adopted that City staff investigate the possibility of erection of shelters at bus stops at senior citizen locations in the City. The Alder- man pointed out that the Ministry of Transportation & Communications would pay a subsidy for such shelters, resulting in an approximate cost to the City of around $200. to $250. The Alderman was of the opinion that it was not necessary for the Transit C~m- mission to become involved in this matter, and felt that City staff should investigate this suggestion. It was Ordered on the motion Of Alderman Thomson, seconded by Alder- man Walker that City staff be authorized to investigate the costs, and to suggest loca- tions, for the erection of shelters at bus stops for senior citizen locations in the City. Willoughby Drive parking restrictions In answer tO a question from Alderman Christensen, the City Manager stated that it ~s expected that the Parking Committee would be meeting in the near future at which time the subject of parking restrictions on Willoughby Drive would be considered, and a report presented to Council. Ontario Anti-Poverty Conference Alderman Puttick referred to Coancil's action in approving of a grant of $120.00 to permit the attendance of two low-income delegates from the City to attend the Ontario Anti-Poverty Conference in Toronto February 16th to 18th, 197B. He reques- ted information as to when the requested repor~ would be submitted for Council' s in- formation. It was indicated that the City Clerk would follow up on this matter. Plan for Peace Time Disasters Alderman P~ttick stated that the recently circulated Plan for Peace Time Disasters should be publicized in order that local citizens might be made aware of its existence. The City C.lerk indicated that a copy of the report could be supplied to the local newspaper. It was Ordered on the motion of monded by Alderman Harrig~n that Council adjourn to Committee of P~AD/t/ID CO~41'rl'ES OF THE WHOLE Committee Room l/l, March 12th, 1973- Council met in Cgamittee of the Whole following the special Council meeting on March 12th, 1973. All Members of Council were present. Alderman Thomson pre- sided as Chairman. Following consideration of the items presented, the Committee of the l.~hole arose, without reporting. RFAD AND ADOPTED, Mayor COUNCIL ME~TING Ccmmittee Room March 12th, 1973- Council reconvened in open session following the Committee of the Whole Meeting held March 12th, 1973. All Members of Council were present. His Worship MayOr Bukator presided. Council adjourned on the motion of Alderman Schisler, seconded by Alderman Hunt. READ AND/~DOPTED, Mayor TWELFTH MEETING Council Chambers, M~rch 19, 1973. REGULAR MEETING Council met on Monday~ March 19, 1973, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Wallace. His Worship Msyor George Bukator presided as Chairman. Alderman puttick offered the Opening Prayer. ADOPTION OF MINUTES The minutes of a regular meeting of Council held March 5, 1973 and a special meeting of March 12, 1973, were sdopted as printed on the motion of Alderman Mann, seconded by Alderman Thomson. DEPUTATION Mr. J. Shutler The request of Mr. Shutler to address Council in respect to the proposed rezoning of property on the west side of Drunmaond Road was approved on the motion of Alderman Thomson, seconded by Aldernmn Fare. Mr. Shutler advised that in 1969 he had purchased property immediately to the rear of Lots 128 and 129 on the west side of Drummond Road with the full knowledge of the 1967 rezoning which permitted a two-storey, 8-unit apartment building. In 1969 an application for a three-storey apartment building was denied. In 1972 the property owners applied for a 2-1/2 storey walk-up and it was Mr. 8hutler's understanding that the height of the building would not exceed 25 feet. Mr. Shutlet expressed his objections to the rezoning by-law appearing later on the agenda which indicated the construction of a three-storey building. The matter was referred to the by-laws. See By-law Nos. 73-64 & 73-65 UNFINISHED BUSINESS W-5-1 SHRINER'S CREEK WATERCOURSE SYSTEM Report No.l17 - City Manager - Providing information regarding twelve questions raised by the Committee of A Thousand; a summary of previous action taken and copies of the engineering report and the notice published in the newspaper; co~nenting on oarrain general principles such as pollution, protection of the environment; acquisition of land 1800 feet west of Kalar Road to allow improve- ments to existing watercourses and protect watercourse branches and cartsin improvements to alleviate flooding to the east of the Q.E.W. and to allow infilling of development to the east of the Q.E.W.The report includes a recommenda- tion that representatives of the Ministry of Environment be invited to investigate all tributaries of Shriner's Creek Watercourse so that any locations of pollution lean be ascertained and proper action taken. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Harrigan that the report beLreoeived and adopted and interested persons be supplied with a copy upon request. Cf~NICATIONS No. 30 - Niagara Falls Youth Hostel Committee - Requesting City Council to support the operation of the Niagara Falls Youth Hostel in St.Andrew*s Church, Morrison Street.The Committee is required to submit a letter of Support from the City Council when applying for a federal grant. bRDERED on the motion of Alderm~n Thomson, seconded by Alderman KetMhan that the co~nunication be received and the request sUproved. No. 31 - Mrs. Gayle Agnew - Cormnents re: tickets received for ov~rnight parking on Meadowale Drive. ORDERED on the motion of Alderman Keighan, seconded by Alderman Christensen that the communication be received and referred to staff to determine if exceptions can be made where the situation warrants same. The motion Carried with the following vote: AY_.~E:Aldermen Christensen, Hunt, Fare, Rarrigan, Keighan, gch"""isler, Thomson,Smeaton. NAY._.~E:Aldermen Walker, Mann and Puttick. - 2- Conununications (Coat'd) No. 32 - Mr. Carl Corby - Requesting the erection of a sign on Furlong Avenue to indicate children playing. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the con~nunication be received and referred to the City Manager with authority to erect a sign if warranted. During the discussion, Alderman Thomson suggested that consideration be given to the establishment of an ,'Information Centre" at City Hall. Enquiries, complaints, etc. would than be handled by one individual and would alleviate the complaints about red tape and the passing of such queries from department to department in City Hall. The City Manager will take the suggestion under advisement. No. 33 - T.Biasin,E.Bosco,D.Harrison,R-B°sc°, residents of Niagara Town Line. Conments re: rezoning by-law proposed by the Town of Niagara-on-the-Lake to permit continuation of quarrying operations in the area; advising that the writers and the residents of Bevan Heights are requesting s 500 foot set-back and requesting the assistance of the City Council in any way possible. The City Clerk advised that the City had received official notification today regarding the passing of the by-law by the Town of Niagara-on-the-Lake. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the communication be received and referred to Staff for consideration. No. 34 - Greater Niagara General Hospital - Re: Financing of interest charges on capital funds required to complete the new Ambulatory Care Unit. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the communication be received and referred to the 1973 Current Budget discussions. Not__~e: Alderman Harrigan declared his interest and abstained from voting. No. 35 - Chippawa Public Utility Commission - Requesting preparation of.a by-law to permit the debenturing of $100,000 over a 15 year period for voltage changes and improvements to the system. ORDERED on the motion of Alderman Christensen, seconded by Alderman Mann that 'the conmunication be received and Staff be authorized to prepare the necessary by-law. No. 36 - Mr. E.Burger and Others - A petition from residents of Willoughby Dr~e protesting the payment of charges for pavement and storm sewers frontfag their property. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the petition be received and filed and a letter of explenation forwarded to the petitioners. REPORTS No. 118 - City Clerk - Report of the Council Conmafttee.- A. Presentation of Flow Chart - Shopping Centre Proposals. The Council Committee recc~nends that Council approve the Flow Chart presented at the Council Co~snittee of March 12th, copies of w~ich are attached to the report. Alderman Puttick expressed concern that the passing of the proposed by-law would reduce the possible uses to be made of the C.N.R. property. The Alderman asked confirmation from the Planning Administrator that shopping centres would be delete~ from the zoning presently applicable to the property. He also enquired if, in the event of a proposal for the C.N.R.lands involving substantial commercial areas, would the City be required to seek O.M.B.approval. The Alderman suggested that,a~ the present time,Council is able to spprove commereisl development aBd possibly high rise buildings on the site by simply spproving site plans. The.Planning Administrator replied that present zoning would allow a local shopping centre end retail stores but would not allow large shopping plazas. Deleting these uses, he said, would likely result in an O.M.B. hesring if a substantial commercial component is included in the C.N.R.property. In reply to Alderman Puttick and Alderman Mann'8 questions regarding the wisdom of relinquishing some of.the use!e~ contravene the policy reoently adopted by Council relative to connnercisl develoP' ment~ It was the recommemdatien of the Planning and Development Connittee that specified co~nercial uses be deleted from ell industrially zoned lands and the policy adopted by Council indicates.that consideration could be given to any .furtire proposals for additional cemnercial uses adjacent to the downtown business ares which would "strengthen" the area, When asked to conmeat, the City Solict~0! confirmed his view had always been that the Municipality should consider only one proposal at s time. He suggested that, in view o£ the present situation, it - 3- Report No. 118 (Coat'd) would be advisable to concentrate on one proposal rather than "scatter" the City's efforts. Alderman puttick suggested that if there are objections to the deletion of certain commercial uses presently permitted on the C.N.R. lands, an Ontario Municipal Board hearing would result. ORDERED on the motion of Alderman Keighan, seconded by Alderman Mann that the reconnnendation of the Council Committee be adopted and the Flow Chart as presented be approved. B. Report of the Select Conmittee of the Ontario Municipal Board. It is recommended by the Council Committee that Council adopt the recommendation of the Plsnning and Development Cormnittee and the provincial government be urged to implement the recommendations at the earliest possible date. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the recommendation be adopted. C. Report of the Downtown Business Improvement Area Board of Management. The Council Committee recommends that the municipality levy an amount of $20,000.00 as the 1973 Budget for the Downtown Business Improvement Area as requested by the Board of Management. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the recommendation of the Council Committee be adopted. Report No.l19 - City Clerk - An advisory report recommending (1) approval of the Canadian Ukrainian Committee Parade ohM arch 25,1973; (2) that authority be granted for the City Float to be entered in the 1973 Blossom Festival Parade and (3) approval of the proclamation of Weight Watchers Week, April 8th to 14th,1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the advisory report be received and adopted. No. 120 - City Manager - Re: Shopping Habit and Attitude Survey, Referring to a previously presented Flow Chart which outlined the various steps to be taken in connection with the processing of shopping plaza appIications; noting that part of the Flow Chart recommendation dealt with the feasibility and possibility of conducting a shopping habit and attitude survey; recommending that Council authorize municipal staff to conduct the survey described in the report and to retain sssistance with this project in an amount not exceeding $700.00. ORDERED on the motion of Alderman Keighan, seconded by Alderman Harrigan that the report of the City Manager be received and adopted. No. 121 - Planning and Development Committee - Re: Method of Amending the Existing Zoning By-laws. Specifying the retail commercial uses to be deleted from industrially zoned lands and submitting a list of the required changes in existing by-laws; recon~nending approval of the amendment subject to notification of the property owners prior to the passage of the by-law and further, that Council certify by resolution that the proposed changes conform to Official Plan Amendments No. 28 and 30 respectively, as amended and approved b y the Minister of Treasury, Economics and -Intergovernmental Affairs. ORDERED on the motion of Alderman Christensen, seconded by Alderman Mann that the report be 'received and adopted. See Resolution No. 23 No.122 - City Manager - Re: Notification of Special Meetings of Council. Advising -that arrangements have been nmde for a Council meeting on Wednesday, March 28th for the purpose of considering a by-law deleting certain commercial uses from land presently zoned industrial; .a special meeting on Tuesday April 17th to hear final submissions from shopping centre developers; suggesting that Council meet with Regional officials on Thursday, April 26th. to discuss the proposed Regional Official Plan. ORDERED on the motion of Alderman Thomson, secondsd by Alderman Smeaton that the report be received and the scheduled meetings of Council be approved. No. 123 - City Manager - Re: Stamford Memorial Arena - Reinforcing of Roofwork. :Advising that only one bid was received, namely, a bid of $44,949.53 from the firm of Vincent Kerrio-Germano Limited. Because the price received is over the budget allocation and since another interested firm did not'bid due to problems with acquiring materials, the report recommends (1) quotations be called by way of invitation bid for all labour and equipment necessary, with the City providing the lumber required and the contractor supplying all other materisis; -4- Report No.123 (Cont'd) (2) that the quotations state that work on the main trusses must be completed pri0~ to June 1,1973, but that work on the lean-tots could be carried out beyond that date; (3) that City Staff be authorized to purchase the required lumber. The City Engineer stated that interest in bidding on such projects was limited and only one bid had been received for similar work at the Niagara Falls Arena. This bid had been accepted because it was within the amount budgeted. Tender forms for reinforcing of roofwork at the Stamford Arena had been picked up by two contractors. The tender submitted by V.Kerrio-Germano Ltd.was higher than what was estimated and Dominion Construction declined to bid because of the "eleventh hour" notification regarding substantial increases in the cost of materials. The Engineer indicated that the Kerrio-Germano firm had included an extra amount in the bid because the price on lumber had also been increased for them at the last minute. A letter submitted with their bid indicated that alternative methods of construction should be discussed since there was a problem with materials- After discussions with staff and the consultant, a revised price of $39,435 instead of the bid price of $44,949.53 was suggested by the contractor, The City Engineer confirmed that the Consultants,W.P.London Associates, had reconm~ended acceptance of a revised bid from Kerrto-Germano in the amount of $39,435. This figure is 12.6% higher than the budget estimate and Mr.Rodman was of the opinion that it would be possible to obtain a substantially lower price if the City supplied the materials and the two companies be invited to submit bids again on the new tender basis. He indicated that the standard clause "the lowest or any tender not necessarily accepted" should be used in this instance since the revised bid by Kerrio-Germano is still higher than the estimate and a still lower price probably can be obtained if the contract is retendered on an invitation basis. Following further discussion, it was moved by Alderman S~aton, seconded by Aiderman Thomson that the report of the City Manager be received and filed and the contract for the reinforcing of roofwork at the Stamford Memorial Arena be awarded to Vincent Kerrio-Germano Lid.for a revised price of $39,435. The motion Carried with the following vote: AYE: Aldermen Fer""'7, Mann, Harrigan, Keighan, Puttick, Smeaton, Thoumoo,. Walker. ~E:Aldermen Christensen, Runt and Schisler. -- See Resolution No. 20 No. 124 - City Manager - Re: Cushioned Seats for Council Chambers. Recommending the quoted amount of $774.00 submitted by Valley Manufacturing be accepted. ORDERED on the motion of Alderman Runt,seconded by Alderman Chrlstensen that the report of the City Manager be received and filed and the quotation of Lincoln Furniture,Virgil,Ont.,for the supply of 2"foam rubber cushioned seating for the Council Chambers be accepted at the quoted price of $585.00. See Resol.No.21 No. 125 - City Manager - Re:Ontario Anti-Pover~yOonference. Submitting a report from Mrs.C.Carter,a delegate from the City and a report prepared by Mr,J.D. Falkenhagen,Executive Director,Social Planning Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the report be received and filed and a copy of the report and attachments be for- warded to the Ron.J.T.Clement together with a resolution of Council expressing .concern about the number of residents existing on incomes considered to be belo~ the poverty level. No. I26 - City Manager.*- Re: Use of Tape Recorders at Council meetings. Advising there is no provision in the procedural by-law pertaining to the use of recording equipment; suggesting that notwithstanding any policy established by previous Councils, a policy can be approved by the current Council governing the use of recording equipment in both Council and Couhcil Committee sessions. It was moved by Alderman Harrigan, seconded by Alderman Mann that the procedural By-law,No.72-148, be amended to forbid the use of recording equipment during Council and Council Committee sessions. The motion was Defeated__With the following vote: AYE~ Aldermen Rarrigan and Mann. ~YE:Aldermen Christensen,Hunt Fern Keighan puttick Schisler Thomso~ Walker Smeat' O'~RED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report of the City Manager be received and filed. No. 127 - His Worship Mayor George Bukator - Advising that notification has been received that it will not be possible for Her Royal Highness Queen Elizabeth to acr, ept the invitation to officiate at the ground-breaking ceremony for the new Niagara Falls Library. ORDERED on the motion o£ Alderman Thomson, seconded by Alderman Hunt that the report be received and filed. -5 - Reports (Coni'd) No. 128 - Director of Recreation - Re: Lyons Creek School. Advising that the Willoughby Neighbourhood Recreation Committee will now use the Willoughby Township Hall for cormmunity recreation programs and have requested that the Lyon's Creek School be no longer used; requesting that the City Council terminate the agree- ment with the Niagara South Board of Education for the use of Lyon's Creek School. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and filed and the request approved. No. 129 - City Manager - Re: Development of Corry Crescent in the former Village of Chippawa. Advising that the estimated cost of providing services as required by the subdivider's agreementhis $78,381.66 to service 26 single-family lots; requesting authority to proceed with the development of Corry Crescent in a similar manner as was done for Usher and Rapeli ie Streets and Kenmmore Con- struction be required to deposit 100% of the cost of the services. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the report be received and adopted. No. 130 - Planning and Development Conmittee - Re: AM-9/73 A.Tarczy, Pt.Twp. Lot 118, south side of Beaverdams Road. A rezoning application to permit the operation of a metal scrap yard; reconmending that the application be denied. On March 15, 1973, a letter was received from Mr. B.Sinclair, Solicitor, that the application was being withdrawn. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report he received and filed. Alderman Smeaton con~nented on the unsightly appearance of the Tarczy property and Alderman Hunt said n similar condition existed at the Nelson Lake property on Marshall Road. Alderman Puttick suggested that both sites be investigated and the necessary steps be taken to clean up both properties. No. 131 - City Manager - Re: Mefabership - Council of Public Employers. Recommending that the City join the C.O.P.E. and that Mayor George Bukator and the Personnel Officer be the City representatives on the Council. The cost to the City will be $25.00 for the year 1973. ORDERED on the motion of Alderman Schialer, seconded by Alderman Walker that the report be received and adopted. No. 132 - City Manager - Re: Operation of the Stamford Centre Volunteer Firemen's Association Swimming Pool, Mitchelson Park. Advising that both the Stamford Centre Firemen and the Recreation Conmission have approved the establishment of an Advisory Committee as well as the programming and maintenance of the pool as outlined in the report. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and. filed. See By-law No. 73-66 No. 133 - City Clerk - Referring to four plans of subdivision recently approved by the City Council; advising that before t-he Ontario Municipal Board considers the by-laws, resolutions are required certifying that each rezoning application conforms to.the City~s Official Plan; recommending approval of resolutions per- raining to (1) the application of River Realty Development Ltd. for property located on the north side of Churches Lane; (2)the application of River Realty Development Ltd. for property located on the east side of the Q.E.W.,south of the R.E.P.C.right-of-way; (3) the application of Taro Properties Inc. for property located on the west side of Dorchester Road and (4) the application of Niagara Peninsula Home Builders and Land Developments Ltd. for property located on the east side of Kalar Road, south of Woodbine Street. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolutions Nos.16,17,18 & 19 No. 134 - City Manager - Re: Appointments to certain Boards, Commissions and Cor~nittees. Recon~nending approval of a by-law appointing various persons to .the Niagara District Airport Commission, the. Recreation Commission, the Niagara Falls Board of Museums and the Examining Board of Plumbers. 0RDERED on the motion of Alderman Thomson, seconded by Alderman Keighan that the report be received and filed and the app~intment by-law be passed by Council. ~ee By-law No.73-69 Reports (Coni'd) No. 135 - Alderman Ivan Hunt - Report on the Ontario Good Roads Convention, Toronto, Febtesty 26th to 28th, 1973. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and filed and Alderman Hunt be commended. No. 136 - City Manager - Re: Council Chamber Sound Reinforcement System. Recommending approval of the sound system described in the report and authorize the installation by Aarco Electronics Ltd. at the quoted price of $3,943.00 plus applicable provincial Sales Tax. ORDERED on the motion of Alderman Hunt, seconded by Aiderman Fera that the report be received and adopted. See Resolution No. 2~ No. 137 - City Manager - Re: 1973 public Debenture Issue. Recommending that the City request the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out in a sohedule attached to the report. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the report be received and adopted. See Resolution No. 2~ No. 138 - City Manager - Re: Sewermain Extension - Waters Avenue. Recommending that the developers of the LaScala Subdivision be required to install the section of sanitary sewermain on Waters Avenue at an approximate cost of $3,500.00; reoonunending also that the 1973 Local Improvement program include the construc- tion of the sanitary sewer and laterals r. equired in R.P.137 to serve 6859 Waters Ave. and 6841 Waters Ave. as well as two vacant lots, Nos. 24 and 26. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted, No. 139 - City Msnager - Re: Intersection of Glengate Street and Maplewood Ave. Recouphanding approval of the necessary by-law to allow erection of stop signs on Maplewood Ave. at its intersection with .Glengate Street. ORDERED on the motion of Aldennan Smeaton, seconded by Alderman Hunt that the report be received and adopted and, further, that the projeots Enginee~ be authorized to proceed with the preparation of a policy for the erection of yield signs similar to that used for stop signs. No. 140 - City Manager - Building permits issued for the month of FebrUary,1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the report be received and filed. No. 141 - City Clerk - Recor~nending approval of Municipal Licenoes. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the report be received and adopted and licenoes granted. No. 142 - City Manager - Reco~nendiug payment of Municipal Accounts. ORDERED on the motion of Alderman Hunt,-seconded!by Alderman-Fera. that the report be received and adopted. RESOLUTIONS ' No. 16 - MANN - HUNT - RESOLVED that the Council of the City of Niagara Falls hereby certify that the application of River Realty Development Limited for the rezoning of property located on the north side of Charthas Lane .and west side of Stanley Avenue will conform to Official plan Amendment No. 28 after Amendment No. 63, which has been enacted by Councll, is approved by the Minister of Treasury, Economies and Intergovernmental Affairs; AND the Seal of the Corpora' tion be hereto affixed. Carried Unanimously No. 17 - MANN - HUNT - RESOLVED that the Council of the City of Niagara Falls hereby certkfy that the application of River Realty Developments Lim~.ed for the rezoning of property lossted on the east aide of the Queen .Elizabeth Way, south of the H.E.P.C.Right-of-Way, conforms to Official plan Amendment No. 28 of the Niagara .Falls Planning Area, as amended and approved by the former Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslX Resolutions (Coni'd) No. 18 - MANN - HUNT - RESOLVED that the Council of the City of Niagara Falls hereby certify that the application of Taro Properties Incorporated, for the rezoning of a parcel of land in Township Lots 45 and 54, located on the west side of Dorchester Road, conforms to Official Plan Amendment No.28 of the Niagara Falls Planning Area, as amended and approved by the former Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 19 - MANN - HUNT - RESOLVED that the Council of the City of Niagara Falls hereby certify that the application of Niagara Peninsula Home Builders and Land Developments Limited for the rezoning of a parcel of land located on the east side of Kalar Road, south of Woodbine Street, conforms to Official Plan Amend- ment No. 28 of the Niagara Falls Planning Area, as amended and approved by the former Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 20 ~ SMEATON - THObISON - RESOLVED that the contract for the reinforcing of roofwork at the Stamford Memorial Arena be awarded to Vincent Kerrio-Germano Limited for a revised price of $39~435.00; AND the Seal of the Corporation be hereto affixed. Carried No. 21 - HUNT -CHRISTENSEN - RESOLVED that the City of Niagara Falls accept the quotation submitted by Lincoln Furniture, Virgil, Ontario for the supply and installation of 2" foam rubber cushioned seats for the Council Chambers in the amount of $585.00, Federal and Provincial Sales Taxes included; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 22 - HUNT - FERA - RESOLVED that the quotation submitted by Aarco Electronics Ltd. in the amount of $3,943.00 for the installation of a sound system in the Council Chambers be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 23 - CHRISTENSEN - MANN - RESOLVED that the Council of the City of Niagara Falls certify that proposed amendments to By-laws Nos. 5335, 974 and 2350 conform to Official Plan Amendments No. 28 and 30 respectively, as amended and approved by the Minister of Treasury, Economics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed· Carried Unanimously No. 24 - HUNT - SCHISLER - RESOLVED that the Corporation of the City of Niagara Falls hereby request the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out in the schedule attached hereto; and, further, that the City of Niagara Falls hereby confirm that it has entered into s contract for, or authorized the con~nencement of all works or projects included in the schedule; AND the Seal of the Corporation be hereto affixed. : Carried Unanimously Note Aldernmn Christensen was absent from the Council ' Chambers. No 25 · ' HUNT - MANN - RESOLVED that the Statement of proposed Expenditures for Public Transportation and Highway Improvements for the year 1973 dated March 19, 1973, be adopted as presented, in the total estimated cost of $1,321,600.00 with an estimated subsidy cost of $660,800.00; AND the Seal oE the Corporation be hereto affixed· " Carried Unanimously No. 26 - HARRIGAN - FERA - RESOLVED that WHEREAS sincere concern has been expressed by the residents of this City regarding the alarming increase in the amount of distasteful or suggestive material presently being used for advertising and other allied purposes; AND WRERAS the exploitation of sex in books, magazines, films and television and other channels of cc~mmnication appears to be approaching the point of having few ~es.tri~,tions; AND W~E~AS the presentat ion of this type of material for general public con- sumption can be detrimental p~rticularly to young people durinS their formative years; -8- Resolution No. 26 (Cont'd) NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls hereby request The Honourable John T. Clement, Minister of Consumer and Commercial Relations to initiate an immediste revision of present legislation and regalations relative to censoring in order to improve the quality of information being used in the various channels of connnunication; AND BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Ontario Municipal Association for endcreation; AND the Seal of the Corporation be hereto affixed. Carrie__.__/d NOTE: Under New Business, Alderman Walker indicated that it had been his i'~ention to vote against the resolution. It was his opinion that a municipal Council should not put forth such resolutions. He said the correct procedure would be for those initiating the resolution to contact the office of the Attorney General. Alderman Christensen was absent from the Council Chambers during consideration of the resolution and, during the New Business portion of the agenda, asked that he he recorded as voting contrary. No. 27 - HUNT - SCHISLER - RESOLVED that the City hereby request an allocation of subsidy moneys under the Public Transportation and Highway Improvement Act, in the amount of $271,691 for the Capital Asset Assistance Program and $120,000. for Transit Operating Expenditures, in the total amount of $2~0,000; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS It was moved by Alderman Puttick, seconded by Alderman Keighan that By-laws Nos. 73-64 and 73-65 be brought forward for consideration at this time. No.73-64 - A By-law to authorize the execution of a site plan agreement with ~ocniak and Wtnnifred Mocniak. No.73-65 - A By-law to amend By-law No. 2530,1960 of the former Township of ~, now in the City of Niagara Falls, as amended. ORDERED on the motion of Alderman Keighan, seconded by Alderman Harrigan that By-laws Nos. 73-64 and 73-65 be referred back to staff for a report. By-law No. 73-57 - A By-law to authorize the sale of land in the Falls · Industrial park to Oneida Ltd. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that Alderman Christensen be granted leave to introduce the by-law and the by-law be given the first reading, Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-58 - A By-law to authorize a subdivision agreement with Birchwood ~Limited and others (Dorchester Park Extension Subdivision).. ORDERED on the motion of Alderman Schisler, seconded by Aideman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the ~frst reading. · Carried UnanimouslY ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously By-laws (tout'd) No. 73-59 - A By-law to authorize a subdivision agreement with River Realty ~eVelopment Limited and Group 2 Development Limited (Dal Cin Subdivision) ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the By-law be now given a second and third reading. Carried Unanimously No. 73-60 - A By-law to authorize a subdivision agreement with River Realty Developm""'~nt Limited and Group 2 Development Limited (Dell Subdivision) ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeston that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Aldernmn Christensen, seconded by Alderman Hunt that theBy-law be now given a second end third reading. Carried Unanimously No. 73-61 - A By-law to authorize a subdivision agreement with River Realty Developm"""~nt Limited and Group 2 Development Limited (Casey Subdivision) ORDERED on the motion of Aldernmn Hunt, seconded by Alderman Fera that Alderman Hsrrigan be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Harrigan, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unsnimously No. 73-62 - A By-law to authorize the execution of a site plan agreement with Michael"""'~nbna and Christina Bubna. (South side of Ferry St.., east of Main St.) ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that Alderman Puttick be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 73-6_._____j3 - A By-law to amend By-law No. 5335, 1955, as amended. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that Alderman Keighan be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Keighan, seconded by Aldernmn Mann that the By-laws be now given a second and third reading. Carried Unanimousl7 No.73-64 and No. 73-65 - See Page 8, Line 26. - 10 - By-laws (Cost'd) No. 73-66 - A By-law to authorize an agreement with Stamford Centre Volunteer ~iremen's Association respecting a swimming pool in Mitchelson Park. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Schisler be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the By-law be now given the second and third readings. Carried Unanimously No. 73-67 - A By-law to authorize the execution of an agreement with Schwenker ~uilders Lim~ ed for the construction of a swimming pool and change house. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried UnanimoaslY ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading- Carried Unanimously No. 73-68 - A By-law to amand By-law No.3790, being a by-law for the regulation ~f trail'ft. (Taxi Stands) ' ORDERED on the motion of Alderman Runt, seconded by Aldernmn Christensen/that AldermanIMannlbe granted leave to~in.t~oduce the By-law ~nd the By-law be given the 'first ~reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Christensea~ that the By-law be now given a second and third reading. Carried Unanimously No. 73-69 - A By-law to provide for appointments to certain Boards, Commissions ~nd Committees. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Smeaton be granted leave to .introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously _No. 73-70 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that Aldernmn Hunt be granted leave to introduce the By-law and the By.-Is~ be given the first reading. , . Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded'by Alderman Christensen that the By-.law be now given a second and third reading. Carried Unanimously 11 ..... 11. - 11- NEW BUSINESS MITCHELSON PARK SWIMMING POOL Alderman Keighan paid tribute to the Stamford Centre Volunteer Firemen's Association for their contribution of $35,000. toward construction of the Mitchelson Park Swimming Pool. The Alderman suggested the Association should be highly conunended for their efforts and appreciation expressed for their valuable contribution in providing recreational facilities in the City. WASTE DISPOSAL SUB-COMMITTEE Mayor Bukator advised that he had named Alderman Thomson to serve as the City's representative on the Regional Waste Disposal Sub-Committee. SAFETY AWARDS Alderman puttick will represent Mayor Bukator at the presentation of the City's Safety Awards on March 21,1973. PERSONS TO CONTACT IN THE EVENT OF FIRES (WILLOUGHBY AND CHIPPAWA AREAS) Alderman Mann commented on the circumstances surrounding a recent fire in the former Township of Willoughby and suggested that residents of the Chippaws and Willoughby areas should be notified either by card or letter of the persons to contact in the event of fire. Alderman Hunt stated that Willoughby residents had, for some time, been supplied with printed cards listing eight names of persons to be so notified. FERRY ST. - STANLEY AVE. INTERSECTION Alderman Fern spoke about the traffic island located at the Ferry St.- Stanley Ave. intersection and the difficulties encountered by fire trucks and trailers when attempting to negotiate a right hand turn from .Stanley to Ferry. ORDERED on the motion of Alderman Fern, seconded by Alderman Hunt that the matter be referred to staff for investigation. The motion Carrte~. with the following vote: AYE: Aldermen Christensen, Hunt, Fern, Harrigan, Keighan,Smeaton,Schisler,Thomson, Walker. NAY.E:AldermenMann and Puttick. REAR YARD DRAINAGE Alderman Christensen referred to flooding problems experienced by residents of Roosevelt Avenue and enquired if subdivider's agreements specify that the developer must provide rear yard drainage. The City Engineer advised that if a subdivider creates a new subdivision or adds streets to a subdivision he would be responsible for any back yard drainage problems in accordance with the subdivis ion policy. In Chippawa, he said, there is a plan of subdivision covered by a subdivider's agreement which was up-dated several years ago. Mr. Rodman was uncertain if the agreement previously executed by the former Village of Chippaws included a clause wherein the developer would be responsible for back yard drainage. This point will be checked out. The Engineer also indicated that the following policy is used to alleviate drainage problems on existing streets: The City is responsible for installing the sewer laterals on the road allowance and individual homeowners are responsible for the coat of installation of any works required on private property. The City does assist in necessary field work and design .on required works. RECREATION ROOM - STAMFORD MEMORIAL ARENA Alderman Thomson con~nented on the success of the suggestion that the recreation room at the Stamford Arena be left unlocked for the convenience of the public'. 133,persons had used the facility and no damage. had incurred other than a damaged venetian blind. Arena officials will continue to leave the room unlocked. 12- D~WNTOWN AND SOUTHEND BUSINESS AREAS Alderman Thomson expressed his concern that nothing had been do~e to support the efforts of the Queen Street merchants since establishment of the Downtown Bosiness Improvement Area and a Board of Management- With the possibility of competition from a sh~pping plaza development, the Alderman suggested that some method be found to stimulate interest and attract tourists presently by.passing the Queen Street and Main Street business areas. He noted thst in the past there have been several ideas and suggestions put forth regarding improvements to the Queen St. ~ River Rd. area. Alderman puttick mentioned there had been previous plans for the expropriation of three houses on the north side of Queen Street as well as other improvements to the easterly end of Queen St. and suggested the plans could be updated. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that His Worship Mayor George Bukator and the City Manager, S. R. Price be asked to assist the Board of Management of the Downtown Business Improvement Area in an advisory capacity· The motion Carrie~ unanimously. EXPANSION AND RENEWAL FUND In reply to questions by Alderman Keighan regarding the Ctty's share of the cost of installing storm sewerfaains in the Casey Subdivision, the City Engineer explained that funds for the oversizing of such facilities were pro- vided by the Expansion and Renewal Fund to allow installations over and above the actual requirements of the subdivision. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the meeting adjourn te Connuittee of the Whole. READ AND ADOPTED, .erk Mayor COI~4ITTEE OF THE WHOLE Committee Room March 19, 19 B Councilmet in Committee of the Whole following a regular meeting on M~rch 19, 1973. All Members of Council were present with the exception of Alderumn Wallace. Alderman Walker presided as Chairm~n. Following consideration of the items present, the Coumittee 9f the Whole arose without reporting. READ AND ADOPTED, o 13 - COUNCIL MEETING Conunittee Room ~1, March 19, 1973. Council reconvened in open session following the Connnittee of the Whole meeting held March 19, 1973. All Members of Council were present with the exception of Alderman Wallace· His Worship Mayor Bukstor presided as Chairman. The meeting adjourned on the motion of Alderman Mann, seconded by Alderman Hunt. READ AND ADOPTED, Mayor Mayor THIRTEENTH MEETING SPECIAL MEETING Committee Rooms 2 & 3 March 26, 1973. Following a Council Committee Session on Monday, March 26, 1973, Council re-convened in formal Council session on the motion of Alderman Barrigan, seconded by Alderman Schisler. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. BY-LAWS No. 73-71 - A By-law to amend By-law No. 2350, 1959 of the former Township of Stamford, now in sewage system) ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Aldernmn Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unsnimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-72 - A By-law to authorize the execution of an agreement with Vincent kerrlo-Germano Limited for structural modifications for the Stamford Memorial Arena. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Walker be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Walker, seconded by Alderman Hunt that the By-law be now given a second and third reading. · Carried Unanimously ADJOURNMENT The meeting adjourned on the motion of Alderman Puttick, seconded by Alderman Thomson. READ AND ADOPTED, ~ ,(~~ _ ~ Mayor FOURTEENTH MEETING Council Chambers, March 28, 1973. SPECIAL MEETING Council met in special session on Wednesday, March 28, 1973, for the purposes; of considering a By-law to delete certain conmaercial uses from areas zoned Industrial by By-law Nos. 5335, 1955; 974, 1955 and 2350, 1959. All Members of Council were present with the exception of Alderman Hunt and AldermamSmeaton, His Worship Mayor George Bukator presided as Chairman. Report No. 143 - City Manager - Re: Reasons for the By-law deleting commercial uses from industrial zones. The Planning Administrator, P. Van Belle, explained that notices of intent to pass the by-law were mailed to all residents within 400 ft. of industrially zoned areas. He elaborated on the report which was written in response to questions raised by persons receiving the notices. The industrial zoning by-law, he said, does not allow a wide range of con~nercial uses and would not permit development of large shopping centres. A scattering of smaller shopping centres throughout the City in the various industrial zones, would not materially add to the range of conmercial facilities available to the citizens of Niagara Palls and is not desirable. A 1969 by-law deleting commercial from industrial zones was rescinded to allow a building permit to be issued for the Canadia project. Consequently, the Ontario Municipal Board would not hear the application for the approval of Cannai. By neglecting to pass a by-law deleting commercial from industrial zones, the municipality would be put in the same position as in 1969 and a delayed decision regarding~mjor con~ereial projects could result. Mr. Van Belle said the development of smaller commercial projects through- out the City on presently industrially zoned lands, could inhibit the potential development of a nmJor commercial complex. He suggested that if such smaller centres were permitted~i~nCitY~is not apt.to get approval for a large shopping centre. The existing Official Plan separates industrial from commercial uses and does not allow both categories on one property. The new draft zoning by-law presently being pre- pared does not allow a wide commercial range in the existing areas zoned industrial and the same question will bm.raised when the draft zoning by-law is considered by Council. Both Niagara Square and Dorchester Square (Canadia) lands are zoned industrial at the present time. Mr. VanBelleread the list of commercial uses which will still be allowed in industrial zones as well as the uses to be deleted, In reply to a question by Alderman Harrigan, the Planning Administrator stated that, in his opinion, the Ontario Municipal Board would not grant approval for a regional-type shopping plaza if the proposed by-law is not approved. All persons indicating a desire to address Council were granted permission on the motion of Alderman Thomson, seconded by Alderman Fern. The motion Carried unanimously. Mr. John Broderick appeared on behalf of Acres and Co. Ltd., T.G.Bright Go.Ltd., Group 2 Development Ltd. and Branscombe Investments, all owners of land suited to coummrcial development and affected by the proposed amendment. Mr.Broderick said his clientsown large areas of vacant land which should be allowed te develop o~ercially and not be stripped of additional connnercial uses. He suggested that deletion of possible commercial uses wou~d result in a loss of value. The T.G. Bright Co., he said, has not yet settled differences with the Department of Highways and the reduction in usage of the lands would be detrimental to negotiations. Mr. Broderick advised that his clients are not opposed to a regional shopping plaza nor do they fayour any one location. Rowever, they do not wish this to be used as an exouae to strip them of certain land uses. He suggested that Council support only one shopping plaza proposal and asked that the four lands owned by his clients be exempted from the proposed by-law. Mr. William Amadio appeared before Council as solicitor for Dominion .Paving, Dominion Construction and Cecil and David Amadio. The Amadio lands opposite the Whirlppol Aereocar, consist of 20 acres, of which 17~ acres located north of the Thorold Stone Road right-of-way has been developed as a family trailer park and is zoned industrial. The remaining property south of the right-of-way is undeveloped. Mr, Amadio spoke about the affect on nearby residences and school property if commercial uses were deleted and the land used for industrial purposes. - 2- Dominion Paving own property on Slater Avenue and Buttrey Street. Mr. Amad io spoke about expected residential development in the Buttrey Avenue area and the possibility of his client's lands becoming prime commercial property. The Dominion Construction Co. has been considering moving to the City's Industrial Subdivision and deletion of conuneroial uses would affect disposal of their Thorold Stone Road property. Mr. Amadio said that inasmuch as some commercial uses will still be permitted, it is feasible the City will have little "pockets" of cu~mAarcial development in lands that are industrial. He suggested that the indiscriminate deletion of co~nercial uses is unfair and unjust and not enough consideration has been given to individual cases. Mr. Amadio also suggested that the proposed by-law is illegal and violates Section 19 of The Planning Act which stipulates that a municipality may not pass a resolution that is contrary to the intention of tha Official Plan. The future land use amp, he said, designates the lands of his clients as conunercial and the taking away of coamercial uses would be in violation of that section of the Act. A motion by Alderman Puttick, seconded by Alderman Christensen, to adjourn for 20 minutes to allow the City Solicitor, the Planning Administrator and Mr.Amadio to discuss the comments of Mr. Amadio, was temporarily withdrawn until all deputations were heard., Mr. J. G.Graaskamp, a City representative on the Regional Council, expressed his approval of the proposed by-law which, he said, would provide more order, control and harmony. He auggeared the City establish a policy to confine industrial development to one area allowing only those commercial uses which complement the industrial use. He suggested the City assist those residents who would be penalized as a result of rezoning or deletion of certain uses. Such persons, he said, can still go to the Ontario Mu~tcipal Board for approval of Justified razesings. Councillor Graaskamp also reconm~ended that obsolete industrial areas be razened to permit high rise apartment buildings to bolster the vitality of established commercial areas. Mr. J. V. Simon, owner of property at the intersection of Bridge St, and Cataract Avenue, spoke about the affect of the by-law on Canadian National Railway lands the development of which would benefit the area between the Whirlpool Rapids Bridge and Victoria Avenue. Con~aercial development of this area, he said, would be a logical extension to the main shopping areaof the City. In reply to questions by Mr. James Drotos, the Planning Administrator advised that land in the Kalar-Woodbine area is presently zoned agricultural and is not affected by the proposed by-law. Mr.Drotoa received a notice of intent because he owns property within 400' of an industrial area south of · t Beaverdams Road. The Planning Administrator advised Mr. A, Okinczyc that his property on Moatrose Road is presently zoned heavy industrial according to By-law 2350. Mr. Okinezyc indicated his approval of the Niagara Square shopping centre which, he said, will attract shoppers from outside the municipality and be a convenience to tourists using the q.E.W.highway. Mr.J.Sandonato advised that he represents and is associated in the ownerahip of approxiraately 100 acres of land on McLeod Read near Stanley Street, The frontage is presently zoned residential and the rear section is zoned industrial. The proposed d~tetion of commercial uses, he said, will affect the sale and limit the use of the property. He requested the lands be exempted fro the proposed by-law. Mr.V.Johns asked that the industrial designation be removed entirely from an isolated 4-acre parcel of land on St.Paul Ave. to permit co~Eaercial development. Re suggested that inasmuch as there are two historical homes in the area, there would be opposition to any type of industrial development on these lands. Mr. J. Vandersluys suggested that it would be impractical to hinder retail or commercial development of land on the north side of Bridge Street is view oE the proposed development of the Canadian National Railway property and the proximity o~ an international bridge. Mr,V.Kerrio~ representing a construction company located on Moatrose Road, suggested that the City has reached a stage of hover planning" which dis- tourages development. It was his opinion that deletion of some c~ercial uses wou~d be detrimental to the development of many properties, ~ 3 - Mr. R.Wilsen is the owner of property located between Montrose Road and the Hydro Canal which is zoned to permit owner-occupied small industry and commercial and allows the development of small businesses. Mr.Wilson asked that Council carefully consider retaining the unique zoning of the area. The City Clerk then read written submissionsreceived from Mr. Paul Brasscombs; Logan, Knight & McDermid, Barristers; Dr. Donald R. Johnson; R. Continelli, V.Demetre and Elena DiPardo; Mr.A.Iseppon, Mr. and Mrs.E.Caughell, Mr. and Mrs. S, Phillips, Mr, Sam Cupolo, Madeline and Rose Cupolo; Mr, Alvie Wilson and Mr. Alec Greaves, Director of Planning, Regional Municipality of Niagara. Alderman Thomson asked the City Solicitor to comment on Mr. Bra~scombe's letter which questioned the necessity of passing the by-law for several reasons one of which was the decision of the Ontario Supreme Court in respect to the Canadia application. Mr. Young noted that it was the decision of the Court that a regional shopping centre could nut be built on industrially zoned lands. Tbe City's concern, he said, is that on each industrial parcel, it would be~ossible to have at least one very large department store. It is the cumulative effect of this which precipated the proposed by-law. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that the meeting adjourn for twenty minutes to allow the Solicitors making presentations to confer with the City Solicitor, R. R. Young and the Planning Administrator to determine the possible illegality of the proposed by-law, particularly with reference to possible conflict with the intention of the Official Plan. After conferring with the Planning Administrator and Mr. Amadio, the City Solicitor confirmed that the Amadio property, the Dominion Paving property on S~ter Ave. and the McLeod Road lands referred to by Mr. Sandonate were designated as Tourist-Con~nercial in the Official Plan. He suggested that appropriate revisions to the by-law be prepared to remove the possibility of conflict with the Official Plan. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the meeting adjourn until Monday, April 2, 1973, when the revised by-law will be considered. READAND ADOPTED, Mayor FIFTEENTH MEETiNG Council Chambers, April 2, 1973. REGULAR MEETING Council met on Monday, April 2, 1973, for the purpose of considering general business. All Members of Council were present. Alderman Keighan offered the Openin~ Prayer. His Worship Mayor George Bukator presided as Chairman. ADOPTION OF MINUTES The minutes of a regular meeting of Council held March 19, 1973 and a speoial meeting held March 26, 1973, were adopted as printed on the motion of Alderman Mann, seconded by Alderman Rarrigan. WELCOME His Worship Mayor Bukator welcomed members of the Chippawa Liberal Ladies Association who were in the Council Chambers as observers. DEPUTATION Mr. B. S. Onyschuk had requested permission to address Council regarding two proposed shopping centres presently being considered by the Municipality. Communication #37 - B. S. Onyschuk - Advisillg that the writer is unable to attend the Council meeting to make submisAions respecting two shopping centre proposals; requesting the letter be accepted as an objection to both shopping centtea filed on behalf of the Downtown Business Association, Stamford Green Shopping Centre Association, The Town and Country Merchants Association, and The Oshawa Group Ltd. The connnunication indicates that Mr. Onyschuk wishes to reserve the right to nmke submissions to Council at the meeting of April 17th and requests permission to address Council following the deputations of Niagara Square and Cansdis (Dorchester Square). ORDERED on the motion of Alderman Smeaton, seconded by Alderman Harrigan that the communication be received and filed. UNFINISHED BUSINESS COMMERCIAL DEVELOPMENT POLICY An advertisement in the Evening Review indicated an opportunity would be given to persons in the audience to make presentations in support or opposition to the Conmmrcial Development Policy recently adopted by the City Council. There was no indication from the audience that anyone wished to speak to the matter. PROPOSED SHOPPING CENTRES PRESENTATION OF NIAGARA SQUARE - A proposal to establish a shopping centre on lands located at the intersection of the Queen Elizabeth Highway and McLeod Road. Mr. Warren Scott, Executive Vice President, Select Properties Ltd., said it was the intention of the Niagara Square representatives to emphasize the planning aspects of the proposal as Council was already aware of the qualifica- tions of Niagara Square and what has been accomplished in other areas by the developers. In the absence of the developer's planning consultant, Mr. Scott read a letter from Mr. Eli Comay in which he sunwnarized the main planning and locational requirements for major shopping facilities. The letter indicated the Niagara Square site is preferable and more desirable than the alternate location at Dorchester Road and the proposed development plan will be Completely satisfactory for the purpose of establishing a regional shopping centre at the McLeod Road-Q.E.W. intersection. A brochure distributed to members of Council is a consolidation of previous meetings and the application and provided all the facts and figures submitted to Council previously. - 2- John Long, Damus and Smith Ltd., dealt with engineering aspects · ~te, the proPoseMr. ~_road system of the proposal. projected maps indicated the s · comaanted on the design of the Q.E.W McLeod Road interchange descrl tion; the closing of McLeod Road, the construction of service roads and other improvements proposed by the Ministry of Transportation and Con~unications. A suggested plan to build collector roads on either side of the Q.E.W. with ramps and a recommended traffic scheme are now being discussed with staff and govern- ment agencies. The proposed use of Niagara Square holdings, consisting of 158 acres, includes connnercial, tourist-commercial, industrial sad a trailer park operation the site of which is zoned for future industrial development. Mr. Long advised that the total lands had been investigated as far as servicing is concerned and he described the proposed construction of a sanitary sewer from the development across the Q.E.W. to a new pumping station presently under construction by the Regional Municipality of Niagara. The cost of the sanitary sewer is estimated at $212,000; storm drainage approximately $400,000 and watermain installations $65,000. These services will be installed by Niagara Square at no cost to the MunicipalitY, Mr. Long suggested that over-sizing of the facilities at a relatively small cost to the City would service a much larger area and would assist in solving problems that exist in an industrial area south of the development. Due to the size of the site, there are no parking area problems. As architect for Niagara Square, Mr. R, Mendel spoke about the location of the department stores, the entrance points, the convenience of the parking areas, the ability to provide 10% of landscaped area as compared to the required 5%, the phasing of construction~ the office building intended to complement the shopping centre proper, the interior mall and the centre court which would be the heart of the.building. It was the opinion of Mr. D- Greenspan, Solicitor for Niagara Square, that the McLeod Rd.-Q.E.W. site is the best location for a regional shopping centre. Niagara Square has the best chance of being approved by the Ontario Municipal Board, he said, because ratepsyers are opposed to the development of Dorchester Square and because of its proximity to the existing Towers' store on Dorchester Road. There are no built-up areas adjacent to the Niagara Square site and nearby residential areas can be serviced without b u existing roadways. Mr. Greenspan s~id interruption to the neigh o rhood~or the site, ideally located adjacent to the McLeod Rd.-Q.E.W. interhhange and having major arterial access, would be a catalyst to industrial development in the area· He asked Council to make a prudent assessment of the "odds and chances" of Niagara Square being approved by the Ontarlo Municipal-.Board as compared to Dorchester Square. Alderman puttick co~nented on the possible objections to a shopping centre by residents owning industrially zoned lands which, if s proposed by- law is approved, will delete certain coamercial uses from those lands. Mr. Greenspan replied that a statement by M~. Jamieson during the Cannai hearing made it quite clear that fef Niagara Falls to successfully get approval of a regional shopping centre, it will have to "clean up" the old by-laws which permit commercial uses in industrially designated areas, He suggested that if Council approves a regiohal shopping centre', there is a good poss~bilitY the Ontario Municipal Board will deal with it in June. In all probabilitY, the City will know if the plaza has been approved before theproposed amending by-law is considered bythe Board. In his opinion, Mr. Greenspan said, it is a ,,pre-condition" to pass the by-law deleting certain.co~mercial uses from ' industrial zones. pRESENTATION OF DORCHESTER SQUARE - A proposal to establish s 'shopping centre ~n the'east side o£'Dorchester Road, north of the.Queen Elizabeth Highway. A brochure, made available to members of Council, consisted of s number of sections including e ldtter fromMr. D. Feltham, Executive Vice- president, Western Realty Shopping Centrag Ltd.~ sunmari~iug .the highliBhis · ' d of the brochure which also provides perspectives of the development; details land layout for the~alee plan; text snd.coloured perspectives of the inside mall and a section indicating that Dorchester Square is fully serviced by a combined sanitary and storm sewer, an existing watermain and has no soil test problems. Mr. Feltham said a recently completed $30,000 impact study would not be presented publicly because it would give other competition an unfair - 3 - .advantage before the Ontario Municipal Board. However, the Dorchester Square consultants would be prepared to report verbally to City officials. Is is proposed to commence construction of ehe first phase of the shopping centre in 1973 with an opening date in late 1974. The architect, Mr. tI. Fleiss, said Dorchester Square will contain three department stores, a supermarket, mall stores, offices and leisure-time facilities in the first two phases. The retail stores on both sides of the interior pedestrian mall will open onto the mall area by sliding doors. The lower level will contain conunity and leisure-time facilities including theatres, bowling alley, health club and retail outlets catering to family needs· A second level gallery above the main mall will provide office space. Mr. Fleiss said Dorchester Square will be a spacious sky-lit centre with variously designed interior courts at each department store. The central court will have a pool and landscaping· The site will accommodate 2890 cars and the developers have started negotiations with Hydra about the acquisition of an additional 2.5 acres for further expansion of parking. The architect described the tree-planting program and the screening of adjacent residential areas by a park and hedge planting. Mr. Fleiss believed that Dorchester Square should be a very high class and significant centre and a focal point for the entire Region. Mr. Feltham indicated that from the response the developers have received, Dorchester Square will be able to provide in the first phase s full range of merchandise to satisfy the needs of the conmunity. There has been sufficient interest by a national firm to provide a wide range of apparel and fashion stores. There is strong interest on the part of a Junior department store requiring 20,000 to 25,000 sq. ft. and the response by a home furnishing company may make it necessary to revise preliminary plans for the lower level. Mr. Feltham reported that in the first phase it will be possible to provide twin theatres, a bowling alley, a health club and one or two taverns or cabarets, subject to the approval of the Liquor Control Board of Ontario. The traffic consultants talked about the type of increased traffic movement that may be expected within the general area of Dorchester Square; she ingress and egress facilities required; the impact of the centre on streets adjacent to the site; the percentage of trips from each area of the municipality and the Region; the number of trips generated by the development; future road patterns of the area; the extension of Morrison Street from Drummond Road to Dorchester Road; the extension of Valley Way to Pettit; the future widening of Dorchester Road north of the site; the future grade separation of the Canadian National Railway tracks on Dorchester Road. It was indicated that the con- struction of Dawson Street, Ray Street, Pettit and improvements to Cropp will be fully absorbed by the developer. Architect, Mr. D. Chapman, said the area bounded by Pettit, Cropp, the back line of houses on Heather St. and over to the hydra canal, is intended to be used for two single family lots facing on Gropp St., eight units of double duplexes on Pettit, an extension to the existing park and 20 duplex and town housing units. Carolyn St. will be dead-ended with no carry-through to Pettit. He~pointed out that the planning department, before the site plan is approved, will have specified requirements for setbacks, sideyards and the protection bf neighbouring homes. Mr. M. McQuaid, Solicitor, suggested that the further presentation fromWestern Realty and Dorchester Square indicates their response to the concern of ratepayers in the area. He referred to earlier remarks by Mr. Greenspan respecting the objections of the Oshawa Group who, he said, would not '~alk away from either application". He suggested the decision of Council in regard to shopping centrag, will determine the conunercisl pattern and future development of the municipality for many years. The impact study has been completed, he said, and the deveIopers have spent a great deal of money and want an opportunity to present the proposal to the Ontario Municipal. Board to show that Dorchester Square will be of real benefit to everyone. In respect to reference made to the legal impact of "going with one cent~e", there has been some concern among City Solicitors about the possibility of some type of proceedings against cities by the owners of property affected by zoning changes. Mr. McQuaid said there is no case where this has been s problem and ~uggested that re-zonins does not give the property owner that type of right. Mr. P. E. Joselin said that members of Council are aware of the position of the Pettit Subdivision Residents Association. He said the subdivision residents have agreed that the Dorchester Square proposal is not in itself objectionable, however some major problems remain some of which specifically apply to Dorchester Square and some would apply to any shopping centre. Of major concern is the increased traffic on some of the roads in the subdivision. The Association does not accept the statement that a lot of the traffic coming from east of the centre toward downtown will use the Q.E.W.. It is believed traffic will, even with the new interchange, continue to use Portage Road, Burdette Drive and Cropp Street. Another item of concern is usage of the land between Pettit and Heather and Mr. Jogolin indicated that further discussions will be necessary if City Council approves the Dorchester Square proposal. Mr. R. Meuser cited many reasons for his support of the Niagara Square shopping centre including taxes, the number of jobs created as a result of the commercial-industrial concept, ample space for future expansion and the location. It was the personal conviction of Mr. M. Howe that the plaza selected should be the one that is most convenient to the majority of people in the con~nunity and suggested that Dorchester Square meets all requirements. The proposal, he said, has been developed and will be built by local people and the location is the most central to the conmunity as a whole, more economically feasible and accessible. In supporting the Dorchester Square development, Fir. D. McLeod said the developers have invested more money and own the lands involved, He coneanted on Mr. Meuser's remarks regarding the industrial aspects of Niagara Square and noted that the City already has an industrial park and more undeveloped industrial lands than any other municipality in southern. Ontario. He questioned the establishment of a lO-storey office building at the McLeod Road intersection inasmuch as there are hun]re. of sq.ft. of empty office space in the conmunity. The success of the Towers' operation, he said, points to logical further development in the same area. Mrs. Schultz, owner of properties close to both locations,suggested Council should support local people and approve the Dorchester Square shopping centre. As a member of a number of women~s associations, Mrs. Schultz advised that the matter had been discussed and, from a woman's point of view, Dbzchester Square would be more convenient. Replying to a question by Alderman Narrigan, Mr. Greenspan advised that 25% of the land to be developed for Niagara Square is owned outright by the developers and the balance of the lands are under option, a htandard way for land to be acquired for developments of this magnitude. $100,000, apart from land acquisition costs, has already been spent by the developers, repre- senting anco~mitmant both in business terms and to the municipality. Councillor 3. Grasskemp said that residents of Niagara Falls are in favour of a regional shopping centre and have a right to the convenience of such s facility as well as the Jobs that will become available. The Region has been advised that they must have a m~rket analysis for the entire area and Mr. Grasskemp suggested that the time is approaching when Regional Niagara will be required to approve shopping centrag. If the City could establish a commercial development policy, he said, there would be no concern either regionally or provincialIF. Due to the lateness of the hour, the shopping plaza discussions were temporarily interrupted for consideration of By-law No. 73-73 on the motion of Aldermen Mann, seconded by Alderman Christensen, By-law No.73-73 - A By-law to amend By-law No. 5335, 1955 of the City of Niagara Falls, as amended; By-law No. 2350, 1959 of the former Township of Stamford, as amended and By-law No.974 of the fommer Village of Chippawa, as amended~ ORDERED on the motion of Alderman Mann, seconded by Aldernmn Hunt that Alderman Harrigan be 8ranted leave to introduce the By-law and the By-law be 8iven the first readInS. Carried Unanimously - 5 - By-law No. 73-73 (Cent'd) During discussion of the matter, Alderman Fern indicated that while he was in favour of a regional shopping centre, he did not approve the by-law because, in his opinion, the City was attempting to get approval of a shopping centre at the expense of people who have invested money in commercial lands. Alderman Walker also expressed his view and said that approval of the by-law puts restrictions on landowners who purchased property for specific purposes. He was convinced that if the City presented a case to the Ontario Municipal Board indicating how much industrial and commercial land is available, the same thing could be accomplished without passing the amending by-law. Alderman Wallace pointed out that the City Solicitor, the Planning Administrator and other staff members as well as Mr. Greenspan and Mr. McQuaid agreed that if a plaza is to be approved, it is necessary to delete certain commercial uses from industrially zoned lands. Alderman Puttick stated that the City is con~nitted to providing a shopping centre and he believed that if Council were not unanimous in their decisions, the City's case before the Ontario Municipal Board would be hurt. ORDERED on the motion of Alderman Narrigan, seconded by Alderman Mann that the By-law be now given a second and third reading. The motion Carried with the following vote: AYE: Aldermen Christensen, Bunt, Mann, Harrigan, Keighan, Puttick, Smeaton, ~chisler, Thomson, Wallace. NAYE:Aldermen Fera and Walker. SHOPPING PLAZA DISCUSSION (Cent'd) Mr. I. McCallurn, spokesman for the owners of lands east of the hydro canal and directely opposite Dorchester Square, endorsed the Dorchester Square proposal which. he said, would be in accordance with Council's policy for the thrilling of lands east of the Q.E.W. Mr. Scott suggested that the establishment of a regional shopping centre could not be considered as "infilling". Ee suggested also that the Dorchester Square location wofiad be suitable for a neighbourhood shopping centre and a convenience for residents in the Dorchester Road area, however 90% of Niagara Square shoppers would be within 15 minutes driving time of the McLeod Rd.-Q.E.W. site. ADJOURNMENT : ORDERED on the motion of Alderman Christensen, seconded by Alderman Fern that the meeting adjourn and reconvene on Tuesday, April 3, 1973 at 7:30 p.m. The motion Carried with the following vote: AYE: Alderm~n Christensen, Hunt, Fern, Mann, Harrigan, Keighan, Smeaton, Walker, Sehisler. NAY__~E:Aldermen Puttick, Thomson and Wallace. READ AND ADOPTED, Clerk ~ .~ Mayor SIXTEENTH MEETING Council Chambers, April 3, 1973. REGULAR MEETING Council met on Tuesday,April 3, 1973 at 7:30 p.m. for the purpose of considering the balance of the April 2nd agenda. All Members of Council were present with the exception of AldermanThomson. His Worship Mayor George Bukator presided as Chairman. UNFINISHED BUSINESS PROPOSED SATELLITE ARENA Comm.~38 - Donald N. Chapman, Architect - Recommending that the low bid of Casucci Construction Ltd. not be accepted because of (a) incomplete tender docu- ments and (b) excessive time required; suggesting several modificstions which would reduce the cost of the satellite arena by $16~000.00 and suggesting also that no useful purpose would be served in re-tendering the project. The report indicates that all future considerations must be based upon the second lowest tender submitted by Niagara River Construction Ltd.in the amount of $365,000. Report #144 - City Manager - Re: Report on Proposed Satellite Arena. Commenting on the purpose and history of the project; the reasons for increase in costs and financial aspects; recommending that Council accept the revised tender of Niagara River Construction in the amount of $349,000.00 and that the arena cost not exceed $365,000.00 including the Architect's fees. The report notes that acceptance of the reconnnendation requires an additional $109.000.00 and recommends that this amount be requisitioned from the 1973 and 1974 Operating Budgets and the City Solicitor be instructed to prepare the appropriate by-law to provide for the increased gross cost. Mr. G. Goulty accepted the responsibility for fixing the estimated cost of the satellite arena and explained the factors that contributed toward the increased cost. There was also considerable discussion regarding the rejection of the tender submitted by Phil Casucci Construction because of incomplete tender documents. The contractor had declared an alternate bid in respect of the pre-engineered building but provided no supporting data to this effect. In sddition~ the company required a I30-dsy construction period which would be beyond the specified completion date. Several members of Council raised questions regarding the possibility of accepting the Casucci bid in order to reduce the construction costs further. Mr. Goulty commented on the established tendering procedure and suggested the City would "lose its credibility,! by such action. The City Solicitor said that in view of the position taken by the City in the past, acceptance of an incorrect tender would "destroy Council's integrity as a Corporation',. In regard to architect's fees, Mr. Goulty said that rather than 7% of the final contract price, the architect would accept 7% of their estimated cost. Alderman Christensen enquired if the contract cost included the con- struction of the parking lot. The Alderman was advised that the cost of the parking lot wee not included in the tender-price for the satellite arena. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the report of the City Manager be received and adopted and the tender for the con- struetion of=a satellite arena adjacent to the Stamford Memorial Arena be awarded to Niagara River Construction at a price of $349,000.00; that the total cost of the project not exceed $365,000.00 said construction costs and awarding of the tender to be subject to the approval of the Ontario Municipal Board and, further, that a total of $109,000.00 be provided in the 1973 and 1974 Current Operating Budgets toward the cost of this project. The motion Carried with the following vote: - . AYE: Aldermen Wslker,Puttick,Harrigan,Fera,Mann,Hunt. _~AYE:Aldermen Wallace,Smeaton,Keighan,Christensens Schisler. See Resol.~28 & By-law ~73-79 COM~JNICATIONS No. 39 - Niagara Resort and Tourist Association - Advising that the Association wish to go on record as supporting the City Council in any request that a repre- sentative from Niagara Falls be appointed the the Niagara Region PolicetcCommission at the earliest possible opportunity. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt,Fera,Mann,Keighan~k, Schisler,Walker,Wallace. ~:Aldermen Smeaton and Marri~an. Conm~unications (Coat'd) No. 40 - Niagara Falls HVdro - Re: In~roved Street Lighting, Bridge and Erie. Submitting the report of the Chief Engineer in respect to street lighting on Bridge St. from River Road to Erie Avenue and on Erie Avenue from Bridge St. to Queen Street and suggesting that a number of fluorescent fixtures be replaced with mercury yapour fixtures. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the conmunication be received and filed and the proposed.improvement of street lighting on Bridge Street and on Erie Avenue be approved. No. 41 - Chamber of Commerce - An invitation for members of the City Council and Department Heads to meet with Chamber directors and committee chairman for a presentation of the objectives and activities of the Chamber of Commerce and to promote mutual respect and assistance. Suggesting that the meeting be in the Chamber Board Room and Council suggest a suitable time and date. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the communication be received and filed, the invitation accepted and the time and date be left to the discretion of His Worship theMayor. REPORTS No. 145 - City Clerk - Report of the Council Committee. 1. TOWN OF NIAGARA-ON-THE-LAKE PROPOSED BY-LAW 319-73. The proposed by-law to fezone lands owned by Queenston Quarries was considered by the Council Committee and recommends that the City not submit a fornml objection to the Ontario Municipal Board but convey to the Board the concern of City residents living in the general area of the proposed quarry operation. ORDERED on the motion of Aldenan Mann, seconded by Alderman Keighan that Council adopt the recommendation of the Council Committee. 2. PROPOSED HISTORICAL pARK - FORMER TWP. OF WILLOUGHBY - The Council Con~ittee recommends approval in principle of the concept of an historical park in the former Township of Willoughby; that the Willoughby Historical Society be granted permission to re-locate the frame dwelling presently at Centennial Park on lands owned by the Municipality on the understanding that the re- location of the house be carried out in accordance with the requirements of the Building Inspector; further, that staff be directed to prepare a report recommending the mechanics to be followed relative to making the lands available for the proposed use. ORDERED on the motion of Alderman Keighan, seconded by Alderman Barrlgan that the recommendation of the Council Committee be adopted. 3. Y.M.C.A. - APPLICATION FOR BING0 LICENeE - Recommendation: that %he application of the Y.M.C.A. for a licenee to operate a Bingo Lottery on Clifton Hill be denied. ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that the recommendation of the Council Committ~e be adopted. The motion Carrie~ with the following vote: AYE:Aldermen Christenson, Hunt, Fare, Harrigan, Keighan, Puttick, Smeaton, 8chisler, Walker, Wallace. NAYE:AldermanMann. 4o PORTAGE ROAD BRIDGE OVER THE C.N.R. TRACF,8 - Recommendation: (a) that Council adopt, in principle, Scheme"A" of the suggested alternatives of Proctor and Redfern; (b) authorize an application to the Canadian Transport Commission, C.N.R. and the Ministry of Transportation and Connnunications for approval of the project and for confirmation of available subsidies; and (c) authorize Staff to obtain opinions of valueon those properties affected by the pre- liminary design. ORDERED on the motion of Alderman Wallace,seconded by Alderman Schisler that the recommendation be adopted. 5. PARKING ON STANLEY AVE. BETWEEN Q.E.W. EXTENSION AND FERRY ST. Regional Council representative J. Graaekamp addressed Council regarding a decision of the Regional Council to prohibit parking on both sides of Stanley Avenue between-the Q.E.W. extension and Ferry St. at all times. He suggested a complete year-round prohibition was not necessary and that an alternative could be arranged. The Council Committee recommends that the Regional Municipality be requested to withh~ld the passing of a by-law prohibiting parking on both sides of Stanley Ave, at all times, umtil such time as the City has an opportunity to present its views on the workable alternatives. ORDERED on the motion of Alderman gchisler, seconded by Alderman Smeaton that. the recommendation of the Council Committee be adopted. - 3 - Report of the Council Committee (Cont'd) 6. ONTARIO TASK FORCE ON HOUSING POLICY - Recommendation: that the City Council endorse the brief prepared by the Mayor's Committee on Housing. ORDERD on the motion of Aldenan Mann, seconded by Aldenan Keighan that the recommendation be adopted. 7. AN~AL ACHIEVEMENT AWARD DINNER - Recommendation: that Council approve the holding of the 1973 Achievement Award Dinner on May 24, 1973. ORDERED on the motion of Alderman Mann, seconded by Aldenan Hunt that the recommendation be adopted. Report No.146 - City Manager - Re: Acquisition of Property for Roadway and other Regional Requirements by the Regional Municipality of Niagara. Noting that the Region will apparently compensate for land required for sewer and water facilities as well as for road widening. ORDERED on the motion of Aldenan Christensen, seconded by Alderman Fera that the report be received and filed. No. 147 - City Manager - Re: Part Lot 2, Registered Plan 653, west side of Stanley Avenue between Spring St. and Emery St. Advising that an application for a building permit to erect a 33 unit motel on the subject property has been received; reconunending approval of the site plan to penit the issuance of the building penit. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Walker that the report be received and adopted. No. 148 -City Manager - Re: Lundy's Lane Widening and Lundy's Lane Motel and Restaurant Ltd. Advising that due to an oversight a quit claim deedl-respecting a triangular parcel of land at the southeast corner of Lundy's Lane at the Q.E.W. was not executed and registered; recommending that in order to clear the owner's title, a by-law authorizing the execution of the quit claim deed be approved. 0RDERED on the motion of Aldenan gchisler, seconded by Alderman Hunt that the report be received and adopted. See By-law No. 73-77 No. 149 - City Clerk - The advisory report provides information regarding various miscellaneous matters and recommends approval of the proclamation of "Respect for Law Week", Royal CanadianAir Cadets and the Minor Soccer Assco. Tag Days; Annual Carnival of the Lions Club of Stamford. Also submitted with the report is a Chamber of Con~nerce survey regarding priority items; the monthly report of the Niagara Regional Health Unit and a report regarding the Ontario Traffic Conference. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. No. 150 - Recreation Commission - Advising that the Recreation Conunission has accepted the responsibility for the Annual Achievement Awards Dinner~ ORDERED on the motion of Aldenan Christenson, seconded by Alderman Bunt that the report be received and filed, No. 151 - City Manager - Re: Tenders for Materials 1973, ReconEending acceptance of tenders for the supply of various materials required in 1973. ORDERED on the motion of Alderman Puttick, seconded by Alderman Bunt that Mr. Bruce Melick be granted permission to address Council. Mr. Melick, representing R.E.Law Crushed Stone Ltd., advised that the company was low bidder for the suN~a~e treatment contract and intend to hire as many labourers from Niagara Falls as is possible. Mr. Melick-spoke about the firm's 35 years experience, the ~mo~nt of equipment available and their record of service and worl~nanship. ORDERED on the motion of Alderman Schisler, seconded by Alderman Keighan that Mr. W. Eastland be granted permission to addresssCouncil. Mr. Eastland asked Council to consider the bid of the Eastland Company which was $400. higher, than the quotation submitted by the Law. company. He pointed out that Eastland Bro8. are the owners of industrial end commercial property within the City, employ local labour and most of the money remains in the City. ORDERED.on the motion of Alderman Puttick, seconded by Alderman Christensen that the report of the City Manager be received and adopted and the tenders be approved as submitted See Resolution No.29 Reports (Con,'d) No. 152 - City Manager - Re: Quotations for Brush Sections and Gutter Brooms. Recommending that the prices shown for Items ~1, #2 and #4 on the Summary of Quotations in the total amount of $2,373.00 submitted by Canadian Wire Brush Co. be accepted; reconmending further that the price for Item ~3 submitted by Danline Canada Limited in the total amount of $725.00 be accepted. ORDERED on the motien of Alderman Schis let, seonnded by Alderman Smeaton that the report be received and adopted. See Resolution No.30 No. 153 - City Manager - Re: Canadian Building Officials Association 1973 Conference, Regins~Sask.,APril 4 ~ 6 inclusive. Reconnnending that the Building Inspector be granted permission to attend. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 154 - City Manager -Re: 1973 Convention,Ontario Section,American Water Works Association. Recormnending that three members of staff from the Engineering Dept. and one Alderman be granted permission to attend the Conference in Ottawa, April 29th to May 2nd, inclusive. ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that the report be received and adopted and Alderman Hunt be appointed as the Council's representative at the Conference. No. 155 - City Manager - Re: Conference on Snow and Ice Control, Ottawa, April 16-18,1973. Reco~nnending that two members of the Engineering Staff be authorized to attend. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigsn that the report be received and adopted. The motion Carrie_____~d with Alderman puttick voting contrary and all others in favour. No. 156 - City Clerk - Reconnnending approval of Municipal Licenoes ORDERED on the motion of Alderman Smeaton, seconded by Alderman Keighan that the report be received and adopted and licerites granted. No. 157 - City Manager - Reconmmndtng Palnnent of Municipal Accounts. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the report be received and adopted. RESOLUTIONS No, 28 - PUTTICK - WALKER - RESOLVED that the tender for the construction of a satellite arena adjacent to Stamford Memorial Arena be awarded to Niagara River Construction at a price of $349,000.00; AND the Seal of the Corporation be hereto affixed. Carrie____~d No. 29 - pUTTICK - CHRISTENSEN - RESOLVED that tenders for various materials required in the year 1973 be awarded as follows: 1. TIRES,TUBES & TIRE REPAIRS - Whitelay Tire Sales 2a~ASOLINE GRAPE 2 - Shell Canada Limited db)WHITE MARINE GASOLINE - Gulf Oil Company c)DIESEL FUEL - Texaco Canada Limited d)FURNACE FUEL - Gulf Oil Company e) KEROSENE - Gales Gas Bar 3. CEMENT.MASONS LIME & SEAL BOND - Weigh,man (Chippawa) Limited 4. REAOY M11 CONCRETE - Weigh,man (Chippaws) Limited CRUSHED STONE OR GRAVEL FOR ROADS a) Schedule "A" (1) F.O.B.Job l. 1/4" Sereeued Dry - Walker Brother8 Quarries 2. 5/8", 7/8" and 2" Crusher Run M~terial - Divided as' equally as between Queens.on Quarries & Walker Brothers Quarries Limited 3. Pit Run Gravel (Class B) - TCG Mateli. Is Limited Resolution No.29 (Con,'d) 5. (b) Schedule '~" (2) F.O.B.Job 1.1/4' Screened Dry - Walker Brothers Quarries 2. 5/8", 7/8"Crusher Run Material - Divided as equally as possible between TCG Materials Limited and Moyer Sand 3. 2" Crusher Run Material - Ridgemount Quarries 4. Pit Run Gravel (Class B) -TCG Materials Limited c) Schedule "B" F.O.B.Quarry 1.1/4" Screened Dry - Walker Brothers Quarries 2. 5/8" Crushed Class '~" Material for Area No. 1 -Moyer Sand 3.5/8" Crushed Class "A" Material for Area No. 2 - TCG Materials Limited 4.7/8" Crushed Class ,~I, Material for Area No. 1 -Moyer Sand 5.7/8" Crushed Class '~" Material for Area No. 2 - TCGMaterials Limted 6.2" Crusher Run Material - To be split between Ridgemount Quarries, Campbell Quarries, Queens,on Quarries and Walker Brothers Quarries where economically feasible and possible. 7. Pit Run GraveI Class "B" for Area No. 1 - Walker Brothers Quarries 8. Pit Run Gravel Class "B" for Area No. 2 - TCGMaterials Limited 6. CRUSHED STONE FOR ROADS a) Schedule i~,, for Area No. 1F.O.B.Job 1.3", 2", 1" & 1/2", 3/8" Material - Walker Brothers Quarries 2. Stone Dust Material ~ Queens,on Quarries 3. Traffic Bound Material - To be split as equally as possible between Walker Brothers Quarries and Queens,on Quarries. b) Schedule "A" for Area No. 2 F.O~. Job 1.3", 2", 1", 1/2", 3/8",Stone Dust & Traffic Bound - To be split as equally as possible between Ridgemount Quarries and Campbell Quarries c) Schedule "B" F.O.B.Quarry 1.3", 2", 1", 1/2", 3/8"Material - To be divided as equally as possible between Walker Brothers Quarries and Queens,on Quarries for Area No.1 2. 3", 2", 1", 1/2", 3/8" Material - To be divided as equally as possible between Ridgemount Quarries and Campbell Quarries for Area No. 2 3. Stone Dust Material for Area No. 1 - Queens,on Quarries 4. Stone Dust Material for Area No. 2 - To be divided as equally as possible between Ridgemount Quarries and Campbell Quarries. 5. Traffic Bound Material for Area N . 1 - To be div~ed as equally as possible between Queenston Quarries and Walker Brothers Quarries. 6. Traffic Bound Material for Area No. 2- T~ be divided as equally as possible between Ridgemount Quarries and Campbell Quarries. 7. SAND a)-Schedule "A" for Area No. 1 - F.O.B.Job 1. Screened Pit Sand -Braas Brothers Ltd. 2. Screened Manufactured Sand - Walker Brothers Quarries Ltd. 3. Screened Washed Pit Sand - Walker Brothers Ltd. 4. Screened Washed Manufactured Sand - Walker Brothers Ltd. 5. Fine and Coarse Lake Sand - Eastland Brothers Niagara Ltd. 6. Selected Backfill & Unscreened Fine Pit Sand - To be divided as equally as possible between Braas Bros.& St.Davids Sand & Gravel 7. b) Schedule "A" for Area No. 2 - F.O.B.Job 1. Screened Pit Sand - St.David, San~ and Gravel 2. Screened Manufactured Sand - Walker Brothers Ltd. 3. Screened Washed Pit Sand - Mayer Sand 4. Screened Washed Manufactured Sand - Walker BrOthers Ltd. 5. Fine Lake Sand - Eastland Brothers Ltd. 6. Selected Backfill and Unscreened Fine Pit Sand - Mr. G. Allen c) Schedule "B" - F.O,B. Pit 1. Screened Pi~ Sand - Braa8 Brothers Ltd. 2. Screened Manufactured Sand - Walker Brothers Ltd. 3. Screened Washed Manufactured Sand - Walker Brothers Ltd. 4. Screened Washed Pit Sand - To be divided as equally as possible between Mayer Sands Walker Bros. Ltd. and TCG Materials where economically feasible. 5. Selected Backfill - To be divided as equally as possible between Brass Brothers and St. Davids And and Gravel. ~ ~. gnscreened Fine Pit Sand - Mayer Sand -6- Resolution No. 29 (Cont'd) 8. HOT MIX ASPHALT AND ASPHALTIC COLD PATCH Items 1, 2 and 3 for Hot Mix Asphalt - Queenston Quarries Ltd. Quarries and }lard Rock Paving Co. where economically feasible and possible. 3) Item 5 for Hauling by Truck - Queenston Quarries Ltd. 4) Stem 1 for Aspbaltic Cold Patch - To be split between Hard Rock Paving Company and Queenston Quarries Ltd. where ezonomicallY feasible and possible 5) Item 2 for Asphaltic Cold patch - Queenston Quarries Ltd. , 6) Item 3 for Asphaltic Cold Patch - To be divided between Queenston Quarries Ltd. and Hard Rock Paving Co. where economically feasible and possible. 7) Item 4 for Asphaltic Cold Patch - Queenston Quarries Ltd. 9. GRASS SEED (GROUP CO-OPERATIVE TENDER WITH REGIONAL NIAGARA) 3400 lbs. Grass Seed Mixture and 300 lbs. Creeping Red Fescue - Vau~lan Seed Company 300 lbs. perennial Rye Grass - Drunnnond Hardware 10. FERTILIZERS (GROUP CO-OPERATIVE TENDER WITH REGIDNAL NIAGARA) a) Item No. 1 - Analysis 10-6-4 with Chlordane - Gaulds Nursery b) Item No. 2 - Analysis 4-12-8 - Chemco Spray Limited c) Item No. 3 - Analysis 10-6-4 with 75% Nitrogen - United Co-Operatives of Ontario d) Item No.. 4 - Analysis 9-5-3 with Broad Leaf Control-United Co-Operatives of Ontario 11. OXYGEN AND ACETYLENE - Niagara Welders Supply 12. RENTAL OF EQUIPMENT This schedule of tenders is to be used whenever rental equipment is required for City operations, starting with the lowest price quoted for each piece of equipment and the rental of machinery is to be divided as equally as possible when equal bids are involved. 13. a) SUPPLY & APPLY OF TRAFFIC LINE STRIPING - Modern White Lines b) SUPPLY. OF TRAFFIC PAINT - Shetwin Willjams Limited Note: Due to connnitment to Ministry of Transportation, N. tagara paint ~nd Chemical will be unable to supply our requirements fro~April 1,1973 to July 1,1973. Tender not acceptable. 14. HYDRANTS, VALVES, TAPPING VALVES AND SLEEVES AND VALVE BOXES 1) 6" and 8" Hydrants - Triangle plumbing and Heating ~2) 4", 6", 8", 10" and 12" Valves - Triangte plumbing and Heating 3) 6" x 6", 6" x 8", 6" x 12", 8" x 8", 8" x 12", 4" x 6", 4" x S" and 4" x 12" Tapping Valves and Sleeves - Mueller Limited 4) 4", 6", 8", 10" and 12" VaNe Boxes - J, R. Ferguson Limited 15. SURFACE TREATMENT WITH BITUMINOUS MATERIALS - R.E.Law Crushed Stone AND the Seal of the Corporation be hereto affixed. 'gettied Unanimously Resolution No. 30 - SCHISLER - SMEATON - RESOLVED that the quotations sub- mitted by CanadianWire Brush Co. for Brush Sections and Gutter Brooms as indicated on the Summary of Quotations, Items #1, ~2 and ~4 in the total amount of $2,373.00 be accepted and, further, that the price for Item ~3 submitted by Danline Canada Limtbd in the total amount of $725.00 be accepted; AND the. Seal of the Corporation be hereto affixed. Carried Unanimously No. 31 - MANN - FERA - RESOLVED that a message of sympathy be forwarded to the family of the late Kenneth Jamieson, Captain, Niagara Falls Fire Depart' ment and respected resident of the Munictp~!ttY] AND the See1 of the Corpora' tion be hereto affixed. Carried Unanimously BY- lAWS No. 73-73 - A By-law to amend By-law No.5335, 1955 of the City of Niagara Falls, as amended; By-law No. 2350, 1959 of the former Township of Stamford, as amended and By-law No.974 of the former Village of Chippawa, as amended. (Deletion of specified commercial uses from industrial zones) NOTE: See Page 4, Council Meeting, April 2, 1973. No. 73-74 - A By-law to amend By-law No. 7531, being a By-law to provide for the erection of Stop Signs at intersections. (Maplewood Ave. at Glengate St.) ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Keighan that the By-law be now given a second and third reading. Carried Unanimously ~o. 73-75 - A By-law to authorize a subdivision agreement with Niagara Peninsula Home Builders Land Developments Ltd. (Ascot Woods) ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by AldermanSmeaton that the By-law be now given a ~ond and third reading. Carried Unanimously No. 73-76 - A By-law to authorize a subdivision agreement with Taro Properties Incorporated (Rolling Acres Extension) ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimousl~ ~o~-~3-77 - A By-law to authorize the execution of a quit ~laimdeed to Lundy's .Lane-Motel and Restaurant Limited. ORDERED on the motion of Alderman Schisler, seconded by Alderman Keighan that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously ~o. 73-7.8 - A By-law to provide monies for general purposes. ORDERED on the motion of=Alderman Keighan, seconded by Alderman Fera that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Harrigan that the By-law be now given a second and third reading. Carried Unanimous.ly ]/ - 8' By-laws (Cont~d) ~o. 73-79 - A By-law to amend By-law No. 72-215 to authorize alterations to ord Memorial Arena. (TWO READINGS ONLY) ORDERED on the motion of Alderman Harrigan, seconded by Alderman Fera that Alderman Walker be granted leave to introduce the By-law and the By-law be given the first reading. AYE: Aldermen Hunt, Fera, Mann, Harrigan, Walker, Puttick. NAY~..:Aldermen Christensen, Keighan, Schisler, Smeaton, Wallace. Carried ORDERED on the motion of Alderman Walker, seconded by Alderman Puttick that the By-law be given a second reading. AYE: Aldermen Runt, Fera, Mann, Harrigan~ Walker, Puttick ~'YE:Aldermen Christensen, Keighan, Schisler, Smeaton, Wallace. NEW BUSINESS POLICE BUILD]/qGS Alderman Walker enqutred about the status of the new police and court buildings. According to information provided by the City Marsget and Alderman Wallace, Regional police officials have been provided with the plans for study and possible interior revisions required. It~is expected that information will be forthcoming from the Region regarding revised plans and coat estimates. NIAGARA FALLS ARENA Alderman puttick requested that, within two weeks, the Mars ger of the Niagara Falls Memorial Arena submit a report regarding the means by which the revenue from the arena will be increased over the next six months. The matter was referred to the City Manager. CHAMBER OF COMMERCE Aldermsn Puttick referred to a recent "Pace" publication which indicated the Chamber of Conunerce building had been sold. The Alderman requested information, iu writing, regarding the financial status of the Chamber. He also enquired if the Chamber had capital funds of its own and if financial assistance from the City is necessary. The matter was referred to the City Manager. Alderman Hunt suggested that inasmuch as the Chamber building has been sold and the City is paying rent for the industrial committeets facilities, it would be an appropriate time to move the comnittee ~o City Hall. OIL TREATMENT OF ROADS Alderman Hunt suggested that the City apply oil to the roads earlier this yesr because of dust conditions that already exist. He noted that in pre. vious years the oil treatment was not undertaken until the month of May. SODOM ROAD INTERCHANGE Alderman Hunt expressed his concern sbout the number of accidents occurring at the interchange service road at Sodom Road. The matter had been brought to the attention of the Department of Highways and some pre- cautionary measures had been taken. The City Manager indicated he will continue to follow up the matter. CONSERVATION AUTHORITY Alderman Runt noted that the budget for the Conservation Authority is $841,000, the City's share being $54,500. The Alderman suggested that information be obtained regarding the actual benefits the City derives as a result of this expenditure. MAYOR'S COMMITTEE ON HOUSING Alderman Puttick referred to the results of a survey of a percentage of Chamber of Conunerce members regarding priority items. One comment suggested that the Mayor's Conmittee on Housing was a "farce" and the Alderman suggested that persons criticizing the Committee should be invited to attend meetings to get the facts. His Worship Mayor Bukator emphasized that the Committee was doing an excellent job since being re-activated during the current year and, at the request of the City Council, had prepared a brief for submission to the Advisory Task Force on Housing Policy. The brief had been endorsed by the City Council and several members of the Committee, together with the Mayor, had recently had an opportunity of personally presenting it to the Task Force. Among other things, the brief recommended the acquisition of large homes in or adjacent to existing commercial areas for use as geared-to-income family accommodation. In addition the brief confirmed the success of providing senior citizen units on the style of the Kiwanis Crescent units. Mayor Bukstor indicated he was not concerned about the comment submitted to the Chamber of Conunerce relative to the operation of the Mayor's Committee on Housing. ADJOURNMENT The meeting adjourned on the motion of Alderman Puttick, seconded by Alderman Harrigan. RRAD AND ADOPTED, Mayor SEVENTEENTH MEETING Council Chambers, April 9, 1973. SPECIAL MEETING On the motion of Alderman Schisler, seconded by Alderman Hunt, Council adjourned a Council Committee session held April 9th,t973, to meet in open Council for the purpose of considering several items of business. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present. SPRING RUBBISH COLLECTION Report No. 158 - City Manager - Re: Spring Rubbish Collection. Recommend ing a three-week spring collection period, running from April 16th to May 4th, inclusive, be authorized by Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. SATELLITE ARENA By-Law No.73-79 - A By-law to amend By-law No.72-215 to authorize alterations to the Stamford Memorial Arena. (The By-law was given first and second readings on April 3, 1973) THIRD READING - Alderman Harrigan and Alderman Fera. AYE: Aldermen Hunt, Fera, Mann, Hsrrigan, Puttick, Thomson, Walker. NAYE:Aldermen Christensen, Keighan, Smeaton, Schisler, Wallace. By-Law No.73-80 - A By-law to authorize the execution of an agreement with Niagara River Construction Limited for alterations to the Stamford Memomial Arena. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that Alderman Puttick be granted leave to introduce the By-law and the By-law be given the first reading. The motion Carried with the following vote: AYE: Aldermen Hunt, Fera, Mann, Harrigan, Puttick, Thomson, Walker. NAYE:Aldermen Christensen, Keighan, Smeaton, Schisler, Wallace. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that the By-law be now given a second and third reading. The motion Carried with the following vote: AYE: Aldermen Hunt, Fera, Mann, Harrigan, Puttick, Thomson, Walker. .NATE: Aldermen Christensen, Keighan, Smeaton, Schisler, Wallace. Report No. 159 ~ City Manager - Re: Debenture Issue for Satellite Arena Construction. Recommending, that following the third reading of By-law No. 73-79, the Regional Municipality of Niagara be requested to issue a debenture in accordance with the terms and amounts set out in the schedule respecting the construction of the satellite arena. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report of the City Manager be received and adopted. The motion Carried with the following vote: AYE: Aldermen Hunt, Fera,Mann,Hsrrigsn,Puttick,Smeaton,Walker,Thomson,Wallace. .NAYE:AldermenChristensen, Keighan and Schisler. ~ee Resolution No. 33 RESOLUTIONS No. 32 - Keighan - Thomson - RESOLVED that the Council of the City of Niagara Falls certify that the application of the Regional Municipality of Niagara for the rezoning of a parcel of property located on the southerly side of Chippswa Parkway conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Ares as amended and approved by the Minister of Municipal Affairs; AND the See1 of the Corporation be hereto affixed. Carried Unanimously - 2- .Resolutions (Cont'd) No. 33 - THOMSON - HUNT - RESOLVED that the Corporation of the City of Niagara F~lla hereby request the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out in the schedule attached hereto; and, further, that the City of Niagara Falls hereby confirm 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. AYe.: Aldermen Hunt,Fera,Mann,Harrigan,puttick,Smeaton,Walker,Th°ms°n' Schtsler, Wallace. NAYE:Aldermen Christensen, Keighan and Schisler. Carried ADJOURNMENT ORDERED on the motion of Alderman Hunt, seconded by AldermanChristensen that the Council session ad]ourn and reconvene in Council Conmittee Session to consider reports on proposed shopping centres. READ AND ADOPTED, ]lerk Mayor EIGHTEENTH MEETING Council Chambers, April 16, 1973. REGULAR MEETING Council met on Monday, Apr il 16, 1973 at 7:30 p.m. for the purpose of considering general bus iness. All Members of Council were present. Alderman Harrigan offered the Opening Prayer. His Worship Mayor George Bukator presided as Chairman. ADOPTION OF MINUTES The minutes of the April 2nd, 3rd and 9th, 1973, were adopted on the motion of Alderman Christensen, seconded by Alderman Hunt with a correction on Page 2, Line 43 to indicate the motion was presented by Alderman Christensen and on Page 2, Line 53 to indicate the contrary vote of Alderman Christensen. PRESENTATION Mr. E. M. Blake, Traffic Safety Consultant, Ministry of Transportation and Communications, presented Certificates of Merit to the City for having achieved accident free Safety Weeks in 1971 and 1972. UNFINISHED BUSINESS DRUMMOND/PORTAGE/MORRISON AREA ROAD NETWORK STUDY Report No. 160 - City Manager - Referring to the study undertaken by Proctor and Redfern regarding various means of crossing the Hydro Canal and the Canadian National Railway Right-of- Way to accommodate the Drummond, Portege,Morrison Area road network; advising that due to reductions in the original value of engineering work done to date, the engineering fee was reduced from 200% to 170% of payroll costs plus expenses and now total $19,862.54; suggesting that in view of the value of the report to the Regional Municipality, the engineering costs be shared equally by the City and the Region and, further, that the costs be assessed against the work now being undertaken on the City bridge crossing the C.N.R. Right- of-Way on Portage Road. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. NIAGARA FALLS SHOPPING CENTRES Report No. 161 - City Manager - Noting that the report of the Projects Engineer submitted to Council on April 9th indicated it would be necessary to revise the design of the McLeod Road-Queen Elizabeth Highway Interchange; submitting additional information in respect to the position of the Ministry of Transportation and Cormnunications and the design of the interchange. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hunt that the report be received a~d filed. SHRINER'S CREEK STORM DRAINAGE Report No. 162 - City Manager - Advising that the City Clerk was recently served with a Write of Summons and Notice of Motion in an action brought in the Supreme Court of Ontario for an in]unction restraining the City from proceeding with improvements to Shriner's Creek and requiring the preservation of various springs, plantltfe,wildlife and other natural environmental characteristics; requesting confirmation of retaining Mr.N.McKay of the legal firm of Martin,Sheppard,Clark, McKay and Den0uden to defend the action on behalf of the City. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and filed and the appointment of Mr. McKay be approved. Communication No. 42 - Committee of A Thousand - Suggesting the Mayor and Council tour the property involved in the Shriner's Creek project. ORDERED on the motion of Alderman Wallace, seconded by Alderman Smeaton that the conmunication be read and, following the reading, it be received and filed. A~PLICATION OF D.D'ADDIO Report No. 163 - City Clerk - Re: AM-28/72, D.D'Addio. A rezoning application to permit a public garage on property located on the south-east corner of Drunmwnd Road and William Street; advising that the Ontario Municipal Board has appointed May 17th at 10:00 a.m. for the hearing of all parties interested in. supporting - 2- Application of D.D'Addio (Cent'd) or opposing the application. ORDERED on the motion of Aldernmn Mann, seconded by Alderman Hunt that the hearing date be noted and the report be received and filed. AppLICATION OF J. CHRISTENSEN Report No. 164 - City Clerk - Re: AM-16/72, j.Christensen. Application for rezoning of property located on the north side of Weaver Road to permit the erection of four single family dwellings; advising that the Ontario Municipal Board will hear all parties interested in supporting or opposing the applica- tion ate hearing, May 2, 1973 at 11:00 a.m. ORDERED on the motion of AldermanThomson, seconded by Alderman Hunt that the hearing date be noted and the report be received and filed. Note: Alderman Christensen declare~ his interest and abstained from voting. COMMUNICATIONS No.43 - Mrs.H.Schulze - Re: Dorchester Square. Submitting petitions signed by residents of Cropp St., Keiffer St. and a number of H.G.Acres employees which indicate support of the Dorchester Square Shopping Centre proposal. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the communication be received and filed. No. 44 - Greater Niagara Senior Citizens Association - An invitation to participate in the Senior Citizen Olympics, to be held in conjunction with the Annual Blossom Festival at Oakes Park, May 17, 1973. ORDERED on the motion of Alderman Walker, seconded by Alderman Schisler that the coramunication be received, the invitation accepted and Alderman puttick be responsible for the fielding of a team for the events. No. 45 - Ontario Retail Gasoline & Automotive Service Asset. - Conments re: the Asaociation's concern with the marketing trends of the major oil companies and the retailing of gasoline; suggesting that Council (1) stop the erection · or the establishment of further gasoline outlets and (2) create a signs by-law prohibiting all signs on the building or premises of any service station or gasoline outlet, except the identity sign. ORDERED on the motion of Alderman Walker, seconded by Alderman Schisler that the conmmnication be received and referred to the City Manager for a full report. No. 46 - ·Ontario Safety League - Re: New Federal Government regulatiqns regard- ing the sale of Fireworks. Suggesting that the City's by-law be published two weeks in advance of the May 21st holiday so all residents will be aware of local regulations. ORDERED on the motion of Alderman Christensen, seconded by AldermanWalker that the communication be received and a eynopsis of the City'a fireworks regula- tions be published prior to the holiday. RBPORT~ ~l, City Manager - Re: Report of the Planning Department on. the Conmercial Shopping Habit Survey. The planning Administrator reviewed the highlights of the study which indicate that almost 39% of the householders questioned tend to shop nutaide the City of Niagara Falls for geede other than groceries; that 95% were aware of the shopping eentre proposals being considered by the City Council;' the habits of 94% of one group of shoppers qneetioned would be influenced by the availability of a shopping place within the City; residents are shopping outside the municipality at this time mainly because of the variety of goods and stores available elsewhere and parking and location were also important factors. Mr. Van Belle said that the planning Department. is satisfied that the commercial policy recently adopted by Council is strongly supported by the survey. . ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the report be received and filed. No. In0 - - 3 - Reports (Cent'd) No. 166 - City Manager - Re: Valley Way Extension Storm Sewer Easement. Recommending approval of the by-law authorizing an agreement between Ontario Hydro and the City for a storm sewer easement required for the storm sewer construction in conjunction with the Valley Way extension to Bellevue Street. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the report be received and adopted and the By-law approved. See By-law No.73-84 No. 167 - City Manager - Re: Watermains - Capital Budget. Requesting permission to have the required by-laws prepared to (1) permit construction of a 16" watermain on Main St. (Chippawa) from Willoughby Drive to Sodom Road contingent upon the Region agreeing to include the debt charges as part of their debt charges and (2) a 12" watermain on the east service road from McLeod Road to an existing 8" water- main on Montrose Road. The projects have been included in the 1973 Capital Budget. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 168 - City Manager - Re: Proposed Local Improvement Program - 1973.Requesting approval of a program for the construction of sidewalks, asphalt pavements, concrete curb and gutters, storm sewers and sanitary sewers on various streets within the Municipality. It was moved on the motion of Alderman Hunt, seconded by Alderman Fera that the report be received and adopted. The motion was amended on the motion of Alderman Thomson, seconded by Alderman Wallace that the report of the City Manager be received and adopted and, further, that City staff be authorized to investigate the possibility of including the construction of a new asphalt roadway on Sidney Street as part of the Local Improvement Program. The motion, as amended, Carried unanimously. No. 169 - City Manager - Re: Lease with Niagara Parks Commission. Reconnnending approval of a by-law authorizing the execution of a lease for the use of lands and buildings owned by the Niagara Parks Commission and used by the Willoughby Historical Society, located at the south-west intersection of Weaver Road and the Niagara River Boulevard. ORDERED on the motion of AIderman Hunt, seconded by Alderman Christensen that the report be received and filed and the by-law a~thorizing the execution of the lease be given three readings. See By-law No.73-85 No. 170 - City Manager - Re: Regional Policy on Change of Street Names on Regional Roads. Suggesting the City not object to the proposed policy and the Region be so advised. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. No. 171 - City Manager - Re: Niagara Falls Fire Department. Reconnnending the approve 1 of the appointment of Mr. Stanley Thomson to the poe ition of Fire Chief effective April 1,' 1973. Also advising that Mr. Jack Barr has been appointed Deputy Chief of the Department effective April 16, 1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. .Note: Alderman Thomson declared his interest and abstained from..~oting. No.172 - City Manager - Providing an explanation of car allowances paid to various City officials; outlining the recommendations adopted in the year 1967. ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler that the advisory report be received and filed. No. 173 - City Manager - Re: Chemacryl Plastics Limited. Reconunending (1) that a 12" watermain be constructed on Dorchester Road as outlined in the report at an eneimated cost of $73,000; the Company'a share being $30,000. and the City's share $43,000. to be paid for from the Expansion and Renewal Fund; (2) construction of a roadway on Dorchester Road between Oldfield Road and the plant site; the company's~share being $17,200. and the City's share of $40,000. to be included in the 1973 Annual Budget; (3) that the balance of the road construction be done in the spring of 1974 and an amount of $40,000. be included in the 1974 Annual Budget; (4) that the City Solicitor be authorized to prepare the necessary by-laws and agreements with Chemacryl Plastics Ltd. and the H.E.P.C. of Ontario. The report also notes that the City's share of road construction costs will be subsidized by the Ministry of Transportation and C~,~unications. -4- Report No.173 (Gout'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. No. 174 - City Manager - He: Land Sale - Falls Industrial Park. Advising of the decision of Mr.F.Wilfer, president of Framus-Werks, Germany, manufacturer of stringed musical instruments, to build a branch plant on six acres of land in the Falls Industrial Park; recommending that Council approve the sale of Lots 25, 30, 31 and 32 in the Falls Industrial Park for construction of a plant by Framus Canada Limited for approximately $24,000.; recommending further that the City Solicitor be authorized to prepare the necessary documents including a site plan agreement as required for the transaction, ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson that the report be received and adopted- No. 175 - City Manager - Re: Street Hockey Team. Noting that the Niagara Falls team has achieved the World's Championship Title; rec~ending that persons or groups defending a World Championship title be recognized by the City with financial assistance and the City~s Street Hockey Team should be the first recipient of such special recognition by the City Counct1.~"ff ORDERED on the motion of Alderman puttick, seconded by Alderman Walker that the report be received and adopted and an amount of $250.00 be awarded to the Niagara Falls Street Hockey Team. The motion Carried with Alderman Schisler voting contrary and all others in favour. No. 176 - Recreation Director - Re: Blossom Festival, MaY 12-19,1973. Advising that arrangements are being made for the use of certain Regional roadways; requesting the bagging of meters, closing of roads, the use of Centennial Square and erection of a review stand and bleachers for the handicapped,in conjunction with the Blossom Festival activities. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the report be received and adoptedf~and authorities notified where necessary~ No. 177 - Recreation Director - Re: Crowland Park Operating Committee. Submitting the names of residents who are acting on behalf of the Recreation Connnis~ton to develop s park facility in the Crowland area. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and filed. No. 178 - Recreation Director - Advising that 77 groups have utilized the facilities of the Niagara South Board of Education and the Welland County Separate School Board during the past winter; requesting that Council correspond with each Board expressing theCity's appreciation for the co-operation'and usage of the schools. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that the report be received and the request approved~ No. 179 - City Manager - Resolutions from Ontario Municipalities. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann tlmt the report be received and tabled for further information. No. 180 - City Manager - Re: 1972 Annual Report of the Engineering Department. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the report be received and filed and the City Engineer and staff be coRmended. No.'lgl - City Manager - Re: Establishment of a policy regarding requests received from organizations soliciting municipal participation in conve~tion- programs, annual publications, etc. Reconmmnding (a) the Municipality, upon receipt of s written request, subscribe to advertisements in convention programs or similar publications, to a limit of the cost of one half-page or an amount of $50.00, whichever is the lesser; (b) the event for which the advertisement is required is to be held within the limits of the City Of Niagara Fells and (c) prior to the payment of the approved costs, the mdnici- pality will require s copy of the advertisement together with sn invoice covering the coat. Where requests are not covered by the policy, the direction of Council will be required. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Christensen that the report of the City Manager be received and adopted. - 5- Reports (Cont'd) No. 182 - City Clerk - Advisory Report. The items submitted for the information of Council include the Annual Report of the Fire Department, the 1973 Regional Tax Levy, information regarding wholesale water rates for 1973 and a sewage service rate and a letter of appreciation from the President and Chief Executive Officer of the Greater Niagara General Hospital, Mr.P.R.Carruthers. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the advisory report be received and filed and the information noted. No. 183 - City Manager - Re: Contract for the Installation of Underground Services for Leawood Estates, Corry Street and Schneider Subdivisions; recommending acceptance of the unit prices submitted by Provincial Construction (Niagara Falls) Ltd. for Contract G. C.8-73. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.34 No. 184 - City Manager - Re: Subdivisions, Current Budget Works and Capital Budget Works. Requesting authority to call tenders for projects enumerated in the report. ORDERED on the motion of AldermanThomson, seconded by Alderman Fera that the report be received and the calling of tenders and closing dates approved. No. 185 - City Manager - Re: Tenders for Mowing of Weeds on Private Lots and Chemical Weed Control. Advising that the tenders will be advertised with a closing date of May 2, 1973. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the report be received and filed and the calling of tenders approved. No. 186 - City Manager - Re: Purchase of a Class '~" Combination Pumper. Recommending that the tender submitted by Pierreville Fire Truck Ltd. in the amount of $25,338. be accepted for the purchase of a pumper for Fire Station #6 in Crowland. ORDERED on the motion of Alderman Walker, seconded by AldermsaSchisler that the report be received and adopted. See Resolution No. 35 No. 187 - City Manager - Re: Canadian Federation of Mayors and Municipalities. Recommending that His Worship Mayor Bukator and one Alderman (to be chosen by the Mayor) together with the City Manager, be authorized to attend the Annual Conference of the C.F.M.M. in Charlottetown,P.E.I. from June 3rd to 7th,1973, indlusive. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 188 - City Manager - Recommending that Senior Fire Prevention Officer, Frank King, be granted permission to attend the annual conference of the Ontario Municipal Fire Prevention Officers in Timmins, April 25 to 27th,1973; reconunend- ing further that Fire Chief S. Thomson, Area Chief Gone Somerville, Area Chief Tom Smith and Area Chief Carl Poirier be authorized to attend the annual conference of the Ontario Association of Fire Chiefs in Hamilton,May 13-16,1973. ORDERED on the motion of Aideman Schisler, seconded by Alderman Hunt that the ~eport be received and adopted. No. 189 - City Manager - Recom~ending that the Purchasing Agent, John Smyth, be authorized to attend the annual conference of the Purchasing Management Assoc. of Canada in Halifax, June 3, 4 and 5, 1973. ORDERED on the motion of Alderman Hunt, seconded by AldermanSmeaton that the report be received and adopted. No. 190 - City Manager - Building Permits issued for the month of March, 1973. ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that the report be received and filed. No. 191 - City Clerk - Advising of the applications for municipal licences from the Canadian Baby Photographers for a Photographer's Licenee; from George and Cotfine Kilmer, St.Catharines, for a refreshment vehicle licenee and from Mario Aiello for s hawker end pedlsr licenee. ORDERED on the motion of Alderman Walker, seconded by Alderman Hunt that the report be received end the applications of Canadian Baby Photographers and Mr, Mario Aiello be denied; further, that the application of George and Corrine Kilmer be tabled for two weeks to provide an opportunity for the applicants to address Council. -6 - Reports (Cont'd) No. 192 - City Clerk ° Recommending the granting of Municipal Licences. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted and licences approved- No. 193 - City Manager - Recommending payment of Municipal Licenses. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted. RESOLUTIONS No. 34 - KEIGHAN - HUNT - RESOLVED that the unit prices submitted by provincial Construction (Niagara Falls) Ltd. for the installation of underground services for Leawood Estates, Corry Street and Schneider Subdivisions, Contract G.C.8-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 35 - WALKER - SCHISLER - RESOLVED that the tender submitted by pierreville Fire Truck Limited, Weston, Ontario, for the purchase of a Class "A" Combination pumper for Fire Station #6, in the amount of $25,338. be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 36 - WALLACE - CHRISTENSEN - RESOLVED that the next Council Committee Session be held on Tuesday, April 24th, 1973 commencing at 6:30 p.m.; AND the Seal of the Corporation be hereto affixed. The motion approv~ng the resolution passed with Alderman 8meaton voting contrary and all others in layout. Carried No. 37 - THOMSON - HUNT - RESOLVED that Daylight Saving Time be observed in the City of Niagara Falls from Sunday, April 29th at 12:01 a.m. until 12:01 a.m. Sunday, October 28th, 1973; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAW~ No.73-82 - A By-law to appoint Stanley Charles Thomson, Fire Chief. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Schtsler be granted leave to introduce the By-law and the By-law be given the flrst reading. Carried UnanimouSly ORDERED on the motion of Alderman Schisler, seconed by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 73-83 - A By-law to authorize the execution of an agreement with provincial Constr~c~ion (Niagara Falls) Limited for the construction of sewermains and watermains. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that Alderman Keighan be granted leave to introduce the By-law and the By-law be given the flrst reading. Carried Unanimously ORDERED on the motion of Alderman 'Keighan, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanidously No. 73-84 - A By-law to authorize the executi6n of a grant of easement from e~E~'a~- Electric Power Con=ntssion of Ontario for a storm sewer and outfall. ORDERED on the motion of Alderman Schisler~ seconded by Alderman Bunt that Alderman Keighan be granted leave to.introduce.the'By-law and the By-law be given the fir8t readinB. Curried UnanimouslX = · - 7- By-law No.73-84 (Cont'd) ORDERED on the motion of Alderman Keighan, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimousix No. 73-85 - A By-law to authorize the execution of a lease with The Niagara Parks Connnission for the use of lands and buildings on the Niagara Boulevard. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimousl~X ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the By-law be now given the second and third reading. Carried Unanimousl~ No. 73-86 - A By-Iaw to amend By-law No.73-18, being a By-law to prohibit heavy traffic on Sarah Street in the City of Niagara Falls. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimousix ORDERED on the motion of Alderman Hunt, seconded by Aldermm~Christensen that the By-law be now given a second and third reading. Carried Unanimouslx No. 73-87 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimousl% ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given the second and third readings. Carried UnanimouslZ NEW BUSINESS BENCH SIGNS In reply to questions by Alderman Puttick, Alderman Christensen stated he had requested that a copy of By-law 72-74 dealing with the erection of bench signs be placed in the agenda envelopes for the information of Council members who may not be familiar with the by-law. TRANSIT STUDY The report of the Transit Cogmission respecting the Transit Study had been tabled at the April 9th meeting for consideration at the next Council Committee meeting on April 24th. Replying to questions by Alderman Puttick, Alderman Wallace gave notice that he proposes to introduce a motion that the transit study undertaken by Acres Consulting Services be adopted with a few minor modifications to satisfy such complaints as the lack of service for Eventide Home, the omission of the Dorchester Manor Home for the Aged as well as service to the Chippaws area. The Alderman took exception to the complete rejection by the Transit Commission of a $25,000. report compiled by experts. He requested that, prior to the next Council Oommittee meeting, City staff somehow categorize the letters of objection so Council would be in a position to take some action. It was the opinion of Aldermen Puttick that requests for information concerning the transit study should he directed to the Transit Coremission. The deficits, he said, are approved by Council because "it makes good business" and suggested the transit system would never operate at a profit. -8- Transit Study (Cont'd) His Worship Mayor Bukator said the consultants wanted the transit system to be self-supporting and the reconnnendations contained in the report would result in the elimination of every bus route which did not show a profit and thus depriving many residents of bus service. Initially, he said, the provincial government wanted the snrvey made and had paid 75% of the cost. It was the decision of the members of the Transit Commission to reject many of the reconnnendations contained in the Acres' report and continue to provide bus service where required. The matter was referred to the City Manager. NIAGARA REGION'BOARD OF COMMISSIONERS OF POLICE Alderman Smeaton referred to a letter recently received from the Niagara Resort and Tourist Association indicating support of any effort to obtain City representation on the police Commission. Although the conmlunica- tion had been received and filed, the Alderman suggested the City should con~uent on the suggestion inasmuch sam any local businesses, such as taxis and tour operators, are governed completely by the Commitsalon. Although Bill 174 states that the Con~nission shall be comprised of two representatives from the Regional Council and two government appointees, it was suggested the City could, by resolution, indicate a desire for more elected repre- sentation than appointed. ORDERED on the motion of Alderman Bmeaton, seconded by Alderman Walker that the City petition the regional and provincial governments for more elected than appointed representatives on the Niagara Region Board of Police Commissioners. The motion Carried with Alderman Wallace voting contrary and all others in layout. Alderman pj6tick aug sated that with regard to this same matter be reviewe~ by staff. the earlier action of Council pROPOSED POLICE BUILDING AND COURTHOUSE Alderman Wallace noted it was four weeks since Council directed the architect for the new police buildings to meet with representatives of the Regional police force in regard to renovating the plans for the interior of the building and to have costs compiled. It was his understanding that meetings have taken place and new plans are being prepared. Alderman Wallace suggested that a report indicating the progress made to date be included on the agenda of the next Council Con~nittee meeting. DELL. PARK At the suggestion of Alderman Thomson, the drainage problems in Dell Park will be investigated by the City Manager. ~*** The meeting adjourned to Committee of the Whole on the motion of Alderman Puttick, seconded by Alderman Mann. .&& ' READ AND ADOPTED, ~ Mayor -9 COMMITTEE OF THE WHOLE Committee Room No.1 April 16, 1973. Council met in Connnittee of the Whole following a regular meeting on April 16, 1973. All Members of Council were present. Alderman Walker presided as Chairman. Following consideration of the items present, the Conmittee of the Whole arose to report. READ AND ADOPTED, Mayor COUNCIL MEETING Council Chambers, April 16, 1973. Council reconvened in open seas ion following the Committee of the Whole meeting held April 16, 1973. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. The _.fo_.l lo_.w_.in.~ action_was_taken: By-Law No.73-88 - A By-law to authorize the acquisition of land in the block bounded by Huron Street, Ontario Avenue, Morrison Street and Elizabeth Place for redevelopment purposes. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that Alderman Harrigan be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Harrigan, seconded by Alderman Hunt that the By-law b~now given the second and third readings. Carried Unanimously No.73-89 - A By-law to authorize the acquisition of land in the former Township of Willoughby for park purposes. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Smeaton that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that the By-law be now given second and third readings. Carried Unanimously The meeting adjourned on th~n of Alderman Mann, seconded by Alderman Christensen. .~ · .. READ AND ADOPTED, erk ' ' ' ' ' ' ' Mayor NINETEENTH MEETING SPECIAL MEETING Council Chambers April 17, 1973. Council met in special session on Tuesday, April 17, 1973 at 7:30 p.m. for the purpose of hearing presentations by the developers of two proposed shopping centres, Niagara Square and Dorchester Square. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present. DEPUTATION MR. B. S. ONYSCHUK Mr. Onyschuk was granted permission to address Council on the motion of AldermanMann, seconded by Alderman Christensen. Mr. Onyschuk emphasized that he was not representing the Towers store alone, but was acting as Solicitor for the Downtown Business Association, Stamford Green Shopping Centre Association, the Town and Country Merchants' Association and the Oshawa Group Ltd. The basis of the objections to both Niagara Square and Dorchester Square proposals, he said, relate around two major matters which have not been proven (1) whether any additional retail space of the magnitude proposed by both developers is warranted and (2) to determine if the planning of regional shopping centres is the duty of Regional Councils; the Region has not developed the necessary plans and policies nor established the need or the location for additional retail facilities. The basis of contention, he said relates to a number of points one of which is the establishment of a policy by the Ontario government respecting large shopping centres and the implications on existing retail facilities and regional suburban areas. In addition, the draft Official Plan of the Region does not show additional regional shopping oentres other than Pen Centre and, according to the Regional consultants, are not required until after 1986. Mr. Onysehuk submitted that the impact on the Region of the 539,000 sq.ft. Doral Shopping Centre in Welland will be inmnense. Also, the Pen Centre in St. Catharines has been increased by an Eaton's Department store. He suggested that the 'draw' of this Regional shopping centre will he unparalleled by any centre that may be approved in Niagara Falls. The speaker also mentioned the proposed Lincoln Mall in St. Catharines, its proximity to the Queen Elizabeth Way and the widespread effect on existing facilities. In addition the importance of protecting and developing the central business core isunder- scored by the City's urban renewal study. Mr. Onyschuk referred to the City's Official Plan which, he said, establishes a fundamental policy for the central business district. He expressed the opinion that neither Dorchester Square nor Niagara Square have given specific information as to major tenants and suggested that without a full line department store, of which there are only three - Simpson's, Simpson-Sears and Eaton's - the proposed centres will only duplicate existing co~nercial facilities and will not stop the flow of retail dollars to ~he Pen Centre. It was his view that no existing market study suggests the need for additional shopping centre space of the size proposed by both developers. Mr. Onysohuk said the point of his submission was not to attempt to convince members of Council that there should be no additional shopping facilities at this time, but rather to indicate his clients' fear and concern about 'the impact of such developments. The issue, he said, will not be decided at the municipal level but must be reviewed and decided by the Ontario Municipal Board or another appropriate level. An opportunity was given to anyone in the Council Chambers to express their views in support or opposition to the.two shopping centre proposals. There was no response from the observers in the Council Chambers.' - 2- pRESENTATION BY DORCHESTER SQUARE REPRESENTATIVES Mr. D. Feltham, Executive Vice-President, Western Realty Shopping Centrug Ltd., refuted the statement by Mr. Onyschuk regarding the lack of impact studies and stated that such a study had been undertaken by the developers of Dorchester Square at a cost of $30,000. Dorchester Square, he said, is a 40-acre, 16 million dollar two-level project, the lower level providing leisure-time facilities and the main level providing s full line of national retailers to permit one-stop shopping for the residents of the City. Because of the flexibility of the developers' policy, there is a possibility that a second major department store will be included in the first phase. Mr. Feltham also mentioned that according to consultants' reports, Regional Niagara should proceed with the construction of the Valley Way bridge, the Morrison Street overpass and the Dorchester Road railway pass regardless of whether or not Dorchester Square is built. presuming that the Valley Way bridge will not be constructed iumediately, Mr. Feltham advised that consul- tants have been requested to provide an alternate scheme. The City's Traffic Engineer as well as consultants, he said, have concluded that without the Valley Way bridge, the level of traffic on City streets would still be acceptable. He advised also that the cost of constructing Pettit, Ray and Cropp Streets will be borne solely by the developers. Mr. Feltham asked members of Council to consider the following reasons for supporting the Dorchester Square proposal: 1. The site is easily accessible and centrally located to conveniently serve the people of Niagara Falls by foot, public transit and by car. 2. The site will.fit in with the present and future transit system of the City. ' 3. The superior design of the project will provide the finest shopping centre in the Region. 4. The shopping centre will have one major department store in the first phase and now has an excellent chance of obtaining a second major department store. 5. The Dorchester Road interchange is built and there will be no delays as a result of negotiations with the Ministry of Transportation and Communications. 6. The land is under the ownership of the developers. 7. The project will complement the Queen St. business district rather than destroy it. 8. The availability of four to five acres of additional land for possible expansion. 9. Construction could connenee in 1973 and the centre opened in 1974-75. Mr.M.McQuaid,Solicttor for Dorchester Square, tormented on previous O.M.B. decisions in respect to yorkdale, Sherway Gardens and other Toronto developments. He also reviewed the decision of the Ontario Municipal Board regarding the Doral Shopping Centre in Welland. In each of these c~ses, he said, it was a major problem to establish whether the impact on the central business district would occur or not. Ee noted that a report prepared for the Ontario Municipal Board indicates that an impact study is absolutely necessary to shopping centre decisions. He said the City's Official Plan policies, a general guide within which development proposals are evaluated, encourages consolidation and improvement to existing development east of the Queen Elizabeth Way. Mr. McQuaid expressed the opinion that the O.M.B. will approve the Dorchester Square proposal because of (1) the major policy state- ment contained in the City's Official Plan respecting development east of the Q.E.W. and (2) the impact study undertaken by the developers. Mr.T.Oliver,s former resident of Niagara Falls and a major shareholder in Canada (Niagara Falls) Ltd., commented on the benefits the City would derive from Dorchester Square and the added advantage of the availability of a large 1 He suggested adaptable tract of land in the 'hniddle of the market p ace". statement made that shopping centrug should be peripherally located was a "delusion 3nd fraud". Other developers, he said, must locate away from the centre core because they cannot find or afford land of sufficient size to acconnnodste a shopping centre. Mr. J. Penachetti reviewed the history of the Dorchester Road site since its purchase in 1965. He advised that during the period September 1969 to the end of summer in 1972, expenses amounted to $466,625. An additional $40,000 has ~een expended since January 1973. Re spoke sbout the contri- bution made by Cansdis to the assessment and development of the City as well as the industrial welfare of the cutmuunity. Mr. penschetti also commented on the firm's,partnership with Western Realty and read letters from the Mayor - 3 - of Edmonton and the Chief Commissioner of Calgary regarding the reputation, integrity and accomplishments of Western Realty. Mr. Penschetm said there was no reason to doubt that Western Realty would perform both commercially and industrially to provide a showcase shopping centre of which the City ~ould be proud. PRESENTATION BY NIAGARA SQUARE REPRESENTATIVES Mr. R. Routledge, President of Mardress Investments, said that Niagara Square will be a conunercial, residential, industrial, recreational complex, the total holdings being 158 acres allowing for 50.9 acres for shopping facilities; a 20-acre industrial park, 8 acres for private commercial development and a 40-acre re (reational area which is a holding use for the land until ready for development industrially. The investment in Niagara Square, he said, is greater than any other development proposed, being valued at $1g million dollars in Phases 1 and 2, creating many jobs as well as a $8,900,000 payroll and providing $810,000 in taxes in the first two phases. During construction, 400 to 500 jobs will be available and it is intended to use local labour and trades wherever possible. An investment of 1.3 million dollars in underground services and roads will open up 3000 acres in the Q.E.W.-Lundy's Lane, Kalar Rd., McLeod Road area for future residential and industrial development. Mr. Routledge commented on the advantages of the geographical site, accessibility, the effect on trends and planning, the availability of funds to complete the McLeod Road interchange and the non-existence of traffic and parking problems. He advised the developers are committed to.the construction of a 25,000 sq. ft. industrial space to accon~nodate small firms which, when ready for expansion, could be re-located either in the industrial section of Niagara Square or the City's Industrial Park. The industrial aspects of the proposal, he said, dovetail with the industrial plans of the City and will act as a catalyst for industrial development in the south-west area of the City. Mr. W. Scott, Executive Vice President, Select Properties Ltd., spoke about the planning and architectural aspects of Niagara Square as well as the site which, he said, was almost at the geographical centre of the new Regional boundaries. He described the ampithestre or court as the focal point of the centre end which would be available for many con~nunity uses. The shopping centre, he said, is regional in design and will service the area for twenty to forty years. He asked the members of Council to approve the Niagara Square proposal and allow the developers to present the proposal to the Ontario Municipal Board. ****!V~ ~ Following the presentations, each member of Council expressed his personal opinion about the benefits and disadvantages of both proposals end indicated reasons for supporting either the Niagara Square or Dorchester Square shopping centre. It was then moved by Alderman Keighan, seconded by Alderman Harrigan that the City Council support the proposal for the Niagara Square shopping centre and direct that all necessary steps be taken to immediately seek the approval of the 'Ontario Municipal Board for the establishment of Niagara Square as a new retail commercial complex for the City of NiagaraFalls. The motion Carried with the following vote: AYE:Aldermen Christensen, Hunt, Furs, Mann, Keighan, l~rrigan,Schisler, Wallace. NAYE:Aldermen Puttick, Smeaton, Walker and Thomson. A motion of appreciation and commendation to the City Mars 8er, Mr. S .R.Price and staff members was moved by Alderman Hsrrigan and seconded by Alderman Christensen. The motion Carr,ied unanimously. ***** BY-lAW NO. 73-90 - A By-law to repeal By-law No,72-130 adopting Amendment No,58 to the Official Plan of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the By-law, No.73-90, be unanimously approved by Council to indicate that members of Council are in full agreement that a regional shopping centre is required in the City of NiagaraFalls. The motion ~rried with Alderman Puttick voting contrary and all others in fayour, -4° By-law No. 73-90 (Cone'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Hsrrigan be granted leave to introduce the By-law and the By-law be given the fire reading. The motion Carried with Alderman Puttick voting contrary and all others in favour. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Schisler that the By-law be now given the second and third readings. The motion Carried with Alderman Puttick voting contrary and all others in favour. ADJOUMNT The meeting adjourned on the motion of Alderm~n Mann, seconded by Aldermn Hunt. READ AND ADOPTED, TWENTIETH MEETING SPECIAL MEETING Council Chambers, April 24, 1973. Following a Council Conunittee Session on Tuesday, April 24, 1973, Council re-convened in formal Council Session on the motion of Alderman Thomson, seconded by Alderman M~nn. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. OBJECTIONS TO BY-LAW 73-73 Report No.194 - ~ity Clerk ~ Refsrring to By-law No. 73-73 which deleted certain connnercial uses from industrially zoned lands within the Municipality; advising that as a result of the circulation of the by-law, nine letters objecting to the proposal were received; requesting the direction of Council. ORDERED on the motion of Aldernmn Thomson, seconded by Alderman Christensen that the report of the City Clerk be received and filed and, notwithstanding the objections received, Council reaffirm an earlier decision to approve the passing of By-law No. 73-73 and the By-law, together with the objections received, be forwarded to the Ontario Municipal Board for consideration. ACQUISITION OF EASEMENT ON PROPERTY The City Engineer reported that certain lands along the western limit of the City in the former Township of Crowland, acquired by the St.Lawrence Seaway Authority for a railway right-of-way, are now being disposed of as surplus property. A watercourse crosses a section of the property and some time ago, City officials had enquired about the possibility of the City acquiring an easement at some future date. Information has now been received that the Authority has included as a condition of any sale, that the municipality be granted the 50' easement..,a, The City Engineer recommended that the City accept the offer of the Authority and acquire theeasement for an amount of $1.00 and agree to absorb the costs of the required survey. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that City Staff be authorized to proceed with the acquisition of a 50' easement at Netherby and McKenney Roads for a nominal fee of $1.00 and, further, that the City, at its own expense, survey the easement and supply the St.Lawrence Seaway Authority with the plans and descriptions necessary for registration of title. PROPOSED POLICE BUILDING Communication ~47 - Donald N. Chapman, Architect - Advising that the cost for revising the plans and updating the cost estimates for the Polioebuilding will be $2,850.00. ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that the communication be received and filed and Council approve the payment of $2,850. for revising the plans for the police building and updating the cost estimates. The meeting adjourned on the motion of Alderman Thomson, seconded by Alderman Christensen. READ AND ADOPTED, Mayor TWENTY-SECOND MEETING RF,,Girr_AR Council Chambers, April 30, 1973. Council met on Monday, April 30th, 1973 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. Alderman offered the Opening Prayer. His Worship Mayor George Bukator presided. MINU~ES The minutes of the April 16th, 17th, and 24th. Meetings were adol~ed on the motion of Aldarman Ma~-, seconded by Alderman Fera. UNFINISHED BUSINESS Repor~ 195 - City Manager - AM-29/72, E. Mocniak, Lots 128 & 129,R.P. 235, west side DDmmond Road, request for change in zoning from Single F~m~ly Residential to a category which would allow dayelopement of the land to accommodate a 3 storey w~lk- up, 9 unit apartment buildings. The City Clerk indicated that a request had been made to have this par~icu/ar appli- cation tabled for 2 weeks. OREHEED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be tabled for two weeks. Report 74 - Planning & Develolmmnt C~mm~ttee . AM4/73, J.Broderick in Trust, Lot 40, Fo. Lots 37,38, 39, Heg. Plan ~. Application to permit erection of gasoline bar and retail store at north-west corner Prospect Street and'Portage ROad. Cornre. 22 - Group 2 Develolmment Ltd. - Suggesting that the reC~,m. endetion of the planning & Develolment C~-~ittee does not permit the proper davelol~ent of the land, and tha~ the main purpose of the re-zoning was to legalize the gas bar use. Report 196 - planning & Develol~snt C~m.~ttee - Recnm. ending that Official Plan Amendment No. 65 (which is necessary to implement Conncil's approval of the application) be not appreved. Cemm. 48 - Greater Niagara General Hospital - Advising that the Board of Governors wish to be on record that they in no way fayour the erection of the subject gas bar. It was Ordered on the motion of Alderman Neighan, seconded by Alderman Mann that Mr. E. Greco be granted permission to address Council. Mr. Greco indicated that he would fayour the new 21~ropos~t over the existing situation,. ~rovided that his own property, located nearby, ~as preteoted. He mentioned the exis- tence of a piece of land which would ser~e as a buffer zone, and stated that he had slacken to Mr. Branscombe, the agent for the applicant, With respect to the purchase of~ this ~--'4~ if a s~itabl'e price could be agreed on. It was Ordered on the motio~ of Alderre.. Puttick~ seconded by Alderman Faun that HeperC 196 of the Pl-mning & Development Committee be received and reccemendetion adopted, and the application be not approved. ~is motion was Carried with the - following vote: A]Fe: Aldermen Christensen, Ennt, ~..n, Narrigan, Neighan, Puttick, Wellrace. Na~e: Aldermen Fera, ~meaton, Schisler, Walker, ~emson. Re~or~ 179 - City Fans~er - Resolutions from Ontario Municipalities. l) City of Hamilton - Sealing of poruogra~hic material. Recn.w.e~ding that the resolution be received and filed. OREF~ED on the motion of Aldezmmn Mean, seconded by Alderman Runt that the recom- mendation of the City Manager in respect to the Hamilton resolution be adopted. This motinn was Carried with Aldexman Walker voting contrary and all other members i~ favoBre 2) City of London - Requesting the biinister of Consumer & ~-~.reial Relations and the Assoeia~e C~m~ttee of the Natiomal BwLlding ~ode of ~he National Research Council to initiate a study of the desirability of re~luiring autonatie el~rink~er systems in high rise buildings. l~eeomendation of (~ity l~n~er - Endorsation of resolution ancl appro]~riate au~horities be notified. 3) 0ity Of ~t.Catharines - Pet~tioning the Provincial ana Fedara~ 0overnments to undertake a stucllr of reme6J. al stel)s to reauce the water levels in the (~reat Iakee ~mtem. Beeemendation of City ~anager - Endorsation of resolution. Bepor~ 1'/'9 oontiauea on lm~'e 2. Report 179 (cont'd) (4) City of Brantford - Requesting the Provincial government to place a moratorium (~n all negotiations and arbitrations regarding supplementarY pensions until an ade- quate method of funding is found. Reoc~nendation of City Manager - Endorsation of Iresolution and appropriate authorities be notified. ~15) Town of Thorold - Soliciting suppoxt of reccmnendations made by the Town of (Thorold relative to Task Force Report No. 1 =Hydro in Ontario'. R~cmndation of (City Manager =.Endcreation of resolution and Premier William Davis be notified of Niagara Falls' support of the resolution. 6) City of St.Catharines - Requesting the Provincial Government to amend existing (legislation relative to~A~nicil~1 elections. Rec~ndation of City Manager. - (Endcreation of the resolution with the exception of item 7 suggesting that Election (Day be changed frc~ Monday to Saturday. (7) City of London - Recommendations relative to the operation of the . Society, ICity of London. -Recommendation of City Manager - Receive and file. Humane ( (8) City of Welland - Requesting an amendment to existing legislation to provide that (all eligible voters qualify to vote on money by-laws. Recommendation of City Manager - (endcreation of resolution, and the Association of Municipalities of Ontario be notified. ORIEBED on the motion of Alderman Hunt, seconded by Alderman Christensen that the recmndations of the City Manager in respect to items 2) to8) inclusive be received and adol~ce d. This motion was Carried with the following vote: ~e: Aldermen Christensen, Hunt,'~"~,.Mann, Earri~an, Keighan, Puttick, 5meaton, Schisler, Walker, Thomson *. _1~aye'_. Alderman Hallace. *Note._.j: Aidera Thomson abstained from voting in resl~ct to item 4). COI~gJNICATIONS No. 49 - Ontario Anti-Poverty Organization - Requesting pe~nission to present a brief to Council dealing with the topics of welfare, the Unemployment Insurance Act, and Family Benefits. ORE~B~D on the motion of Alderman Schisler, seconded by Alderman Themson that the com- munication ~e received and the brief be received by Council on l~y 14th. ~. 50 . Chil~gawa Lions Club - Requesting permission to sell beer and ale at the Annual Carnival to be held June 21st to 23rd inclusive at the Lions Club field on Welland St. ON~BED on the motion of Alderman Hunt, seconded by Alderman Christensen that the c~munication be received and the request granted on the condition. that all necessary m~ui~lents',of the-'Flre-Eel~l~,-~olice Dept., and L.C.B.O. are complied with. No. 51 - Minister of Transportation & Ccmmunicetions - Advising of appointment of FAr. R. W. Roaman, p.Eng., City Engineer to the Municipal Engineers' Adwieory Committee. OBEYBED o~ the motion of Alderman Hunt, seconded by Alderman Harridan that the cammIA~- ication be received and file~ and Mr.. Rodman be congratulated on his appointment, No- 52 - Miss Dominion of Cansde Pageant - Re~Aesting that the City subscribe to a one page advertisement in the Pageant Programs, at a cost of $100.00, as in past years. O~D on the motion of Alderman Mann, seconded by Alderman Waiker that the cc~munion- tion be received and request granted. NO. 53 'wit Tomsan & Associates - Advising that the Macdonald Great Export 'A= Balloon be visitin~ Niagera Falls on May 2let to provide tethered flights for. civic officials at John Allan Park, at approximatel~ 9 a.m. OP~B~D on the motion of Alderman Themson, seconded by Alderman Walker that the c0m- munication be received, filed and as man~ members of Council as possible, attend. This motion was Carried with the followin~ vote: : Aldermen C~sen, Hunt, Fern, Mann, Marri~an, ~neaton, .~chisler, Walker, ti No. 54 - Regional Municipality of Niagara - Drummond-Portage-Morrison Area Road Network. Report of the Public Works & Utilities Committee. O~D on the motion of Alderman Hunt, seconded by Alderman Christensen that the connunication and report be referred to the City Manager for preporatlon of a report relative to the Region' s proposals. BEPORTS No. 197 - City Manager - Murray Hill Outfall Contract, - Progress report of R. V- Anderson Associates Ltd., as to completion dates of various phases of the contract by L.J.S. Constraction Ltd. Mr. J. J. Conlin of the Consulting Firm was present at the Council Meeting. Ne stated that it was difficult to gauge the contractor' s expected progress since it ~as the first Job they had done. He advised that it was hoped that the work would he done by May 18th, and stated that the completion time had been set by the Niagara Parks Commission. Mr. Conlin stated that the contractor was doing a satisfactory Job. It was Ordered on the motion of Aldermen Christens~ seconded by Alderman Hunt' that the Report of the City Manager be received and filed. /~o. 198 - City Manager - Recomnending that the City Council approve the sale of Lot 24 in the Falls Industrial Park to a Division of Burritt and Associates Limited (Metal Protection Ymdustries Limited), at a sale price of $11,000. Advising further that there are only two small serviced lots now available for sale ~in the Park, and that detailed Engineering estimates will be prepared for c~npleting services on Murie Street, Earl Thomas Avenue, two sections of Progress Street and KAster Road. ORE on the motion of Alderman Mann, seconded by Alderman Thanson that the Report be received and recommendation adopted. No. 199 - City Manager - Playground signing. Referring to a request received from a resident on Furlong Avenue requesting the erection of a yello~ diamond-shaped sign to warn of children at ~lay. in a residential area, and advising that such a sign is used only to give advance wareLug near a playground area, and is not intended for othe~ locations. Reco~mending that the City continue to use this standard sign only in the vicinity of public playgroumde, and that a copy of the report be forttarried to the resident on Furlong Avenue. ORE~B~D On the motion of Alderman Schisler, seconde~ by Alderman Walker that the report be received and recommendation adopted. No. 200 - City Manager - Lamlman Cemetery. Recommending that the necessary amendment be made to the 'Abandoned Cemeteries By.law= to include the abandoned Lamtman Cemetery loonted Just wast of tamer Road, which would provide for its maintenance by the City. "0B/EP~D on the motion of Alderman Msmn, seconded by- Alderman Fern that the Report be received and adented. No. 201 - City M~nager - Pavement Marking Equil~nent. Recommending the purchase of a Kel~y-Creswell Pavement Marking. machine at a cost of $1,47~. plus Provincial Sales OP~ on the motion of Alderman Hunt, seconded by Alderman Walker that the Report be received and adopted. , No. 202 - City Manager - Overnight Parking Prohibition. Advising of a letter recent2~ received ~ City Council frc~ a resident on Meadowvale Drive criticizing a City By-law which prohibits overnight ~arking. Suggesting that the overnight purking Prehihition could be indicated on si~s at the major roadway entrances to the City. Advising · that the Region is presentl~ drafting an overall traffic by-law which will include a regulation concerning overnight parking, and that until this delft is cem- plete, no changes be made in the existing City By-law. Reccmaending that the ad- visory report be received and fileS, and that a col~ of same be sent to the resident on Meadowvale Drive. , OP~ on the motion of Alderman Hunt, seconded by Alderman Christensen that the Report be received andsdolled. No. 203 - City Manager - Advising of request from the firm of A.F.Ather~on and Associates for the passage of a by-law to exempt par~ of Block "A", Registered Plan 243 fr~n part lot control. Recommending that Council enact a by-law as requested, ~hich ~ca~ld ~ermit the b~n~rs' t~ ohtai~ ~eparate mortgages on each of the semi- detached units and to sell each of the units individually; further recommending that any costs aris~-~ from the registration of the by-law following its approval by the Ministry, be assreread by the applicant. ORE~EED on the motion of Alderman Schisler, seconded by Alderman Fera that the Report be received and adopted. SEE By-law 73-100 No. 204 - City Manager - Surplus Municipal Equilm~ent. Reccmxnending that items of equilment be sold by tender with a closing date of May 22, 1973. ORREEED on the motion of Alderman Hunt, seconded by Alderman Th~nson that the Repor~ be received and adopted. No. 205 - City Manager o Underground Installations for Dorchester Park Extension Subdivision, Contract G.C. 10-73. Reckrisen8 that the unit prices received from Covello Brothers I.~m~ted be accepted by Council. 01~ on the motion of Alderman Puttick, seconded by Aldenan Hunt tint the Report be received and recommendation adopted. ~.~ Resolution No. 38 No. 206 - City Manager - Underground Services for Dalcia Subdivision, Contract G.C. 9-7~. Reco~nend~ng that the unit prices received from L. & N. Construction be accep- ted by Council. ORESBED on the motion of Alde~n Hunt, seconded by Alderman Wallace that the Report be received and xec-~mmendation adol~ed. ~ Resolution NO. 39 No. 207 - City Mn_~nger - Rec_~m"~udations re: Niagara Falls SOuth Recreation Complex. It was moved by Alderman Thmson, seconded by Aldera~. Fera that the Report be tabled for one week in order to allc~ an on-site inspection by Members of Council of the sites, and City staff prepax~ a report concerning the value l~r acre of the two sites. This motion was Defeated with the following vote: Aye: Aldermen Ford, Harri~m~n~ Kei~han, Thclnson,WallaCe. Na~e: Aldermen Christensen, Hunt, ~n, Patrick, Smeaton, Schislar, WeJw~r. It wee then Ordered on the m~ion of Alderman ~acmson, seconded by Aldem~- Keighan that Mr. Earl Allshone be granted permission to address Council. Mr. Allshone of the Citizens' Action Ccmnittee, stated that a sub-c~e~ttee c~"posod of four chairmen was in fayour of the Willoughby Drive site over the Sodera Road site, and this decision had been made following the presentation of facts. Mr. Allebone stated that the Willoughby Drive site,being closer to the school area,would permit participation by school chil- dren in certain pro~r~--e at the ~roposed recreation complex. Plans were posted of the Will~y Drive site and the Sodera ROad site, and explana- tions ~rovided by the Plann~ Director and City M~_~-ger as to the reasons for ree- e~_~-~ that Council select the Willoughby Drive site. It was also indicated'that nego- tiations for the acquisition of the rec~uded site would be carried out on a prof- essi~l hasis. Fellowl-=_ e~ discussion on the matter, at which time Members of Council expressed their o~inioas on the roc~maendetion, it was Moved by Alden WaLlace, seconded by Alderma~ Thmmon that the matter be tabled for o~e week. This motion was Defeated. with the foklc~in~ vote: A~e:. Aldermen Fera, llarrigan, Schinler, Thinson, Wallace. Re~ve: Aldermen C~ristensen, Hast, ~l~, Neighan, Patrick, Smeaton, Walker. It was Ordered on the motion of Alderman ~n~, seconded by Alderman Puttick that: That the prel~m~ax7 plans for Phase One of the complex he approved in principle by Council and that staff be authorized to protare more detailed' plans with estimated costs so th-~t an application can be made as a project under the Winter Capital Projects Fond. This motion was Carried with the following v~be: A~e:. Aldermen Christensen, Hunt, MA.., Keighan, Pubtick, _~m~aton, Schisler, Walker. RaTe: Aidemen ~era, Harrigan, ThomsOn, Mallace. No. 208 - City Manager - Advising of the passage of BiLl 209, being an Act to amend the Tnn~ Titles Act, sad the action taken by the Honourable John T. Clement, Minister of Consumer and C~mmercial Relations to have Bill 209 amended to provide that the new regn,~tions will not bec~me applicable until June 1st, 1974; sad recom- mending that Council, by resolution, extend sincere aPPreciations to Mr. Clement for his actions in this matter. ORESBED on the motion of Alderman Christensen, seconded by Alderm~n Hunt that a letter be forwarded to the Honourable John To Clement ex~ressing Council's appreci- ation for his assistance in this matter. See Resolution No. 40 No. 209 - City Manager - 50 Townhousing Units - Block A, Registered Plan N.S. ll, Casey Subdivision. Recommending that Council approve of the Site Plan submitted in order to pannit the building permit to be issued. ORE~ED on the motion of Alderman Hunt, seconded by Alderman Christensen that the Report be received sad reco~,~endation adopted. The P]nnning Director indicated he would speak to the developer in sa 'effort to overcome concern expressed to him by a nearby resident, concernLug a portion of the project. No. 910 - City Manager - Requesting permission to attend the Ontario Municipal Administrators' Association Conference in TOronto on Ma~ 17th and 18th, 197~. ORE~P~D on the motion of Alderman Hunt, seconded by Alderman Patrick that the Report be received and request granted. No. 2ll - City Manager - Recommending that Mr. Terry Smith be authorized to attend the Central Ontario Chapter of the ToWn Planning Institute Conference on f4~y II, 12 and 13, 197~ at Peterborough. 0RRERED on the motion of Alderman Mann, seconded by Alderman .~m~aton that the Report be received and rec~endation adopted. No. 212 . Plan~n~ Administrator - Recn,~endAticn of P!~nn~ng and Develol~nent Com- mittee that one elected member and one appointed member of the C~mittee, together with the Plann!l~ Administrator or one member of his staff, be authorized to attend the C~..unity Planning Association Conference in Stratford, June 10, 11 and 12, 1973. 0RE.BED on the motion of Alderm~n MAn~,. seconded by Alderm~n Hunt that the Report be received and adopted. No. ~13 - City Clerk - Advisory Report. 1) Royal Canadian Legion request to obs&rve the 36th Annual Pilgrimage of the 40 and 8 Society on May 19th, 1973. 2) United Nations - request 'to hold a T~g Day on Sopt. 15, 1973. ~)' Niagara Penlnsmla Con- setration Authority - information from the Authority supplied by Alderram. Hunt, the City's Aldermanic representative on the Authority. OR~F~D on the motion of Aldem~. Hunt, seconded by Alderman Fera that the report be received and filed. - No. 214 - City Clerk - Applications for Llcences from: 1) ~eorge and Coriune Kilmer for a refreshment vehicle liceace to sell ice-cream from a bicycle. 2) Fran~ Cricenti for a ha~ker & pedlar licenee t.o sell cheese, s-l~m!, ~epperoni, olives,' etc. on a door-to-~oor basis. It was ordered on the motion of Alderman Christensen, seconded by Alderman Thomson that Mr. Sid Barish of Thornhill be granted penniesion ~o address Council in respect · to the aPplisetion for Refreshment Vehicle Linenco. This lc~ioh was Carried with Aide~,~n Earri~an voting contrary and all other members in fayour. Mr. Barish, on behalf of Dickie Dee vce-Creem (Canada) t~m~ted, stated that his firm operates in 37 different cities in Canada. He outlined the policies of the ccm- 1~ in respect to safety, pollution control, etc. He stated that 90~ of the.employees are students, and if granted a license in Niagara Falls, they anticipated hiring six students for the 3 to ~ month period of operation. He requested that Council con- eider granting a licenee on a one year trial basis. 1) FOllowing Mr. Earish's presentation it wee Ordered on the motion of Alderman Ford, seconded by Alderman Harrigan that the application for licenee for a refresh- ment vehicle to sell ice-cream, be denied. This motion was Carried with the follow- ing vote: · . Wa~al~Aldermen Hunt, Fe~a, Mann, Harridan, Keighan, Smeaton, Schisier, Thomson, ce. Na~e: Aldermen Christensen, Patrick, W-~ker. 2) It was Ordered on the motion of Aldeman Hunt, seconded by Alderman Fore ~hat the appliOattan for a Hawker & Pedlar-Ltcence fr~ Mr. F. Crtcentt be nob granted. No. 215 - City Clerk - Recommending the granting of Municipal Licences. OR~ on the motion of Alderman Mann, seconded by Alderman Christensen that the Repor~ be received, adopted, and licences gr~nted. No. 216 - City Manager - Rec~snding payment of Municital Accounts. OP~ on the motion of Alderman 14ann, seconded by Aldexlnan W-lker that the Re~ort be received and adopted. ~ESOLUI~ONS No. 38 - p~ICK - HIJJT - BESOLVED that the unit prices received from Covello Brothers I~ted for underground installations for Dorchester Park Extension Subdivision, Con- trac~o G.C. 10-73 be accepted; AND the Seal of the Corporation be heroic affixed. Carried UnanimouslY No. 39 ' NUET - WALLACE - EESOLVED that the unit prices received from L. & N. Construc- tion for underground services for Dalcin Subdivision, Contract G.C. 9-73 be accepted; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslY No. 40 - CERISTEN~EN ' I~ - EESOLVED that a letter of appreciation, on behalf of the City Council, be forwarded to the Noncurable John T. Clement, Minister of Consumer and Commercial Relations, for his action in having Bill 209 amended to provide that the new regoiations in the Act to amend the Iand Titles Act will not become applicable until June let, 1974; AND the Seal of the Corporation be heroic affixed. Carried UnanimouslY No. ~1 - KSI~AN - HURT - I~ESOLVED that a message of condolence be foxytarried to the familY of the late Stanley Sills, a former employee of the Municit~litY for many years, and respected resident of the City; A~ the Seal of the Corporation be hereto affixed- Carried UnanimouslY. By-XAWS No. 72-203 - To authorize the construction of watermains as improvements and extensions to the water supplY system in the Urban Service Areas of the City. (Fourth Ave., Broughton Ave., Montrone Road, Elgin St., Fifth Ave., Kent Ave.) ~ O1~ on the motion of Alderman Hunt, seconded by Alderman ~uttick that the ~y-law be given the third reading. Carried ~mnimouslY No. 73-6~ and yB-65 - Mooniak application to erec~ an alartment butld!-g on westerlY side of Drummond Road. (Taeee two j~.laws were tabled for two weeks) ~ - To authorize the execution of a site plan agreament with Demonic D'Addio and Mary-D'~,Addio. (south-westerlY corner Cor~in Crescent and D~-"m~ond Rd.) 01~ on the motion of Alderman -M~"n, seconded by Alderman Hunt that Alderman ~Jarri~- ~e ~ranted leave to introduce the By-law. and the By-law be given the first . reading. Carried Unanimously O~r~jED on the motion of .Alderman Earrigan, seconded by Alderman 8meaton that the By-law ~e now given a second and third rea~in~. Carried UnanimounlY No. 79-92 - To amend By-law No. 2530, 1960 of the former Township of S~qm~ord, new in the City of Niagara ~alls, as ~_mended. (D'Addio) ORE~t~j) on the motion of Alderman Hunt, seconded by Alderm~n Fera that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously 0RI~jPdID on the motion of Alderm~ Christensen, seconded by Aldemn Hunt that the By-law be no~ given a second and third reading. Carried Unanimously No. 73-93 - To authorize the execution of a site plan agreement with Paulo Bonato carrying on business under the name of St. rumford Construction Company. 0Pa~sR~D on the motion of Alde~msn Mann, seconded by Alderman Hunt that Aldermmn Rarrigan be granted leave to introddce the By-l~w and the By-law be given the first reading. Carried UnanimouslY OREF~qED on the motion of Alderman Earrigan, seconded by Alderman Sineaton that the By-law be no~ given a second and third reading. Carried UnanimouslY No. 73-9~ ' To ramend By-law No. 2530, 1960, of the former Township of Stamford, new in the City of Niagara Falls, as mended. (Bonato, east side Portage Road) ORIF~ED on the motion of Alde~n~- Hunt, seconded by Alderman Keighan that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reaa4ng. Carried UnanimouslY ORESRED on the motion of Alde~m-~ Christensen, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried UnanimouslY No. 7~-9~ - To authorize the execution of an agreement with Coysilo Bros. Limited for the construction of sewermains and watermains (Dorchester Park Extension Subdivision) ORA~F~aO on the motion of Alderman Mann, seconded by Alderman Hunt that Alderman Fera be granted leave to introduce the By-law and the By-law be given the first reading. C~rried UnanimouslY ORESRED on the motion of Alder~. Fera, seconded by Alderm~n Hunt that the'By-law be now given a second and third reading. Carried ~n,~nimouslY No. 73-96 - To authorize an agreement with ~amuel Gizzie and Angela Glzzie re- specting l~rking facilities. " O~n~ED on the motion of Alderm~n Hunt, seconded by Alderman Fera that Alderman Sineaton be gra~ted leave to introduce the By-law and the By-law be given the firs~ reading. Carried ~nanimounlY ORIZ21~D on the motion of Alderman Sineaton, seconded by Aldem~, Fera that the By-law be now given a second and third reading. Carried UnanimouslY No. 73-97~ ' To authorize the execution of an agreement with L & N Construction and Excavati-8 of Ni~~a Limited for the construction of sewennains a~d watexlnains (De.l Cin Subdivision Contract) OBr~ED on the motion of Alderman Schisler, seconded by Alderman Keighan that Alderman Mann be g~anted leave tO introduce the By-law and the By-law be given the first reading- Carried UnanimouslY 0RE.BED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a Second and third reading. Carried ~nanimouslY No. 73-9~ ' To authorize the execution of an agreement with R. E. law Crushed Stone limited for surface treatment of roads. 0I~ on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Puttick be ~granted leave to introduce the By-law and the By-law be given the first reading. Carried UnanimouslY 01~ on the motion of Alderman Puttick, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried U~animouslY No. 7B-99 - To authorize the sale of ~,nd in the Falls Industrial Park to Strev Con- - struction Company Ltd. OP~ on the motion of Alderm~n Hunt, seconded by Alderman Christensen that Alderm-n Puttick be granted leave to introduce the By-law and the By-law be given the first reading. Carried UnanimouslY ORE2~ED on the motion of Aldermen Puttick, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimousl~ No. 7B-lO0 - To designate certain laud act to be subject to ~ lot control. (Pa mock A, OI~D on the motion of AldermAn Thomson, ~con~d bY AlUm S~sler ~t ~ Wa~ ~ ~ed ~a~ to ~t~U~ the ~-~w ~d the ~-~w ~ gi~n ~e first ~nS. Ca~ed ~o~ ORE2BED on the motion of Alderman Wn~qace, seconded by Alderman Sneaton that the t~-law be now given a second and third reading. Carried ~animo~lY Proposed By-law to irrovide for the adeption of Amendment No. 65 to the Official Plan ~J.Broderick in t~ust - gas ~ar on portage Road) It ~as Ordered on the motic~ of Alde~ Mann, seconded by Aldex~an Christensen that the proposed By-law dealin~ with Amendment No. 65 to the Official P!-~ be deleted mot on was Ca~-ied with the following ct: from the Agande. This i v e Aldermen Christensen, Hunt, Mann, ~""x'x'x'x'x'x'x'~an, Keighan, Puttick, WaLlace ~ Aidemen Fete, Sinearch, Schisler, Walker, Thomson, No. 7B-101 - To provide monies for ~eneral purposes. ~ on the motion of Alderman 8chisler, seconded by Alderman Christensen that Alde-r~n-~ Mann be g~anted leave to introduce the By-law and the By-law be given the first reading. Carried I~antmouslY OBEgBED on the motion of Alderman M~nn, seconded by Alderman Christensen ~hat the By-law be nc~ given a second and third ~eaain~, Carried t~nanmously Toll Booths - Garden City Sk~way It was Ordered on the motion of Alderman Hunt, seconded by Alderm~ Thcmson that the Council of the City of Niagara Palls go on record as opposing the clostn8 of the Toll Booths at the Garden City Slq~way by the Province. This motion was. Carried with Alderman Walker l voting. contrary and. all other m~mbers in f~vonr, An Amendment to the motion was moved by Alderman Puttick, seconded by Alderman Mann, that Council advise the Region of its intent to request the Province to allow the toll booths at the Garden City S~y to remain in operation at the Regional level. This motion was Defeated with the following vote: A~e: Aldermen M~-~, Puttick Christensen. Na~e: Aldermen Hunt, Fera, Harrigan, Keighan, Sineaton, Schisler, Walker, Thinson, We1 I ace · At the conclusion of the voting on the above motions, His Worship Mayor George Bukator advised he would bring the suggestion of Alderman Puttick before the Regions3 Council. Eyclro Bight-of-ways Alderman Sineaton referred to a proposal of Ontario Bydro to offer to the City certain right-of-ways to be used for recreational purposes. He stated that the residents of the City are presentl~ utilizing these areas now, and suggested that when this matter ccmes before Council that maintenance costs which the City might have to assume, be made avs~3able. Procedure for initiation of traffic regulations Alderman Thanson requested information as to the present procedure involved ial having. new traffic re~,lations put into. force. Re. sugges.ted. S~ St.reamlining of the present system at the City and Regional levels might be in order, and re- quested City staff to consider the matter to determine if the present system could be revised in an effort to speed up the procedure. Review of impost fees charged under By-law 7611 It was moved by Aldex~,an Thcmson seconded by Alderman Keighan that a report be prepared by the City Manager in conjunction ~ith the l~anager of the Industrial Depar*..ment of the Cham~er of C.---erce and the B.I.G. Cc~mm~ttee, in respect to the possible el ~mtnation of the impost fee presentl~ charged in accordance with the provisions of By-law 7611. Aldermn~ Puttick further suggested that such a report might also include a review of the present policy requiring dedication of ~ands for ~atercourses, etc. Fill frcm ~t-nmford Satellite Arena project Alderman Puttick requested the City Manager to check where the fill frcm the Arena project was going. Spring Rubbish Pick-up Aldera-n Wallace advised that items he had placed out for the annual Spring rubbish pick-up had not been collected to date. It was indicated that this matter should he referred to the Sanitation Reparment for action. 8talewalks on Dorchester Road south of Mountain Road. Alderman Wallace referred to the need for sidewalks on Dorchester Road in the area of the Role Woods and Dellperk Subdivisions. He stated that children in this area were required to proceed alo~ Dorchester Road to schools some distance away. De asked that a report be prelared outlining where sidewalks might best be located, Whether permanent or temporafT# and the cost factor. ~ see% C01~KT~EE OF TE~ WHOLE C~mnittee Roan No. 1 Apr$1 30, 1973. Council met in Ccumittee of the Whole following the regular meeting on April 30~h, 1973- All Members of Council were present. · Following consideration. of the items presented, the Committee Of the Whole arose, without rel~r~ing. Mayor · COUNCIL MEETING- Council Chambers, April 30, 1973. Council reconvened in open session following the Cc~mittee of the ~hole meet- ing held April 30, 1973. All Members of Council were present. His Worship Mayor ~eor~e Bu~ator presided. It was ordered on the motion of Alderman 14ann~ seconded by Alderman Hunt eeee seeeeeeeeeeeeeeeeeeeeeeeeeel ~0[ TWENTY-FOURTH MEETING Council Chambers, May 14, 1973. REGULAR MEETING Council met on Monday, May 14, 1973, at 7:30 P.M. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Hunt. His Worship Mayor George Bukator presided as Chairman. Alderman Mann offered the Opening Prayer. ADOPTION OF MINUTES The minutes of the April 30th and May 4th, 1973, meetings were adopted as printed on the motion of Alderman Thomson, seconded by AldermsnChristensen. DEPUTATIONS ONTARIO ANTI-POVERTY ORGANIZATION ORDERED on the motion of Alderman Keighan, seconded by Alderman Fern tha C Mr. Dale O'Dell, Co-Ordinator, Ontario Anti-Poverty Organization, Niagara Peninsula Ges3/tion, be granted permission to address Council. Mr. O'Dell introduced the marchers of the delegation who read.p~epared briefs entitled "Unemployment and the Governmentz~s (U.I.C.) Attitude and Treatment of the Unemployed"; "Family Benefits" and 'Welfare". Following considerable discussion, it was moved by Alderman Wallace, seconded by Alderman Smeaton that inasmuch as the Unemployment Insurance Commission, Family Benefits and Welfareaa~e under the jurisdiction of other levels of govern- ment, the three briefs presented by representatives of the Anti-Poverty Organization be received and filed. The motion Carried with the following vote: · AYE: Aldermen Christensen, Mann, Narrigan, Keighan, Puttick, Smeaton, Schisler, Walker, Wallace. NAYE:Aldemaen Thomson and Fern. MARIRELAND SIGNS ORDERED on the motion of Alderman Mann, seconded by Alderman Walker that Mr.Ross Allen, Solicitor, be granted permission to address Council. Mr.Allen, representing Royal Centre, National Historical Wax Museum, National Marine Aquarium and Waltzing Waters, referred to an earlier ded~ion by Council to permit Marineland to place up to 15 benches on various road allowances. He suggested the benches erected by Marineland are directienal rather than adver- tising benches which direct the flow of traffic directly to their place of business. Mr. Allen suggested that his clients should be allowed the same privilege ef being permitted to erect benches or Council instruct that all benches be removed save and except those belonging to the Jewish Sisterhood. Mrs. B. Muetler, spokesman for the Niagara Falls Jewish Sisterhood, pointed out that for the past 10 years, the organization had the right to place benches at bus stops in cooperation with the City and the Transit Connnission and has an agreement to that effect. She suggested that approval of the Marineland benches would result in numerous similar requests and benches would be placed st many locations with no restrictions as to design, location, insurance coverage and maintenance. The Solicitor for Marinelend, Mr. A. 8heppard, expressed the opinion that the motion by Council to permit Marineland to install benches does not contravene the City's by-law which provides that the City may give permission to e~ect signs, including bench signs, on City-owned property. Me suggested the sign problem can only be dealt with by the corsnittee established by Council to consider an overall policy and after disc~ssions with a11 interested parties. ORDERED on the motion of Alderman Keighan, seconded by Alderman Rarrtgan that a previous motion passed at the Council Con~ittee meeting of May 7, 1973, whereby Marinelend was permitted to place up to 15 benches on road ellowsnces be rescinded and ell benches be removed other than those under the ~urisdiction of the Jewish Sisterhood, until such time as a special committee complete e study of an overall policy regarding directionsl signs. The motion Carried with Alderman SehiSler voting contrary amt all others in fayour. ' -2- UNFINISHED BUSINESS APPLICATION OF E. MOCNIAK Report 195 - City Manager - Re: AM-29/72, E.Mocnlak, Lots 128 & 129, R.P.235, west side of Drummond Road; request for change in zoning from Single Family Residential to a category which would allow development of the land to accommodate a three-storey, nine-unit apartment building. (The report was tabled from the meeting of April 30,1973) Mr.J R.Shuttler was granted permission to address Council on the motion of Alderman Keighan, seconded by Alderman Walker. Mr. ShuttleTadvised that when he purchased property on Maplewood Ave. to the rear of the Mocniak lands, he was aware a two-storey building was proposed for the site and had no objections to the proposal. The rezoning application would permit a three-storey apartment build~Bg and Mr. Shuttler reiterated his previous objections to the height of the building. He indicated'he would not object to a building 25# in height or less. The applicant, Mr. Mocniak, said the proposed building would be similar to a three-storey apartment b~ilding on adjacent property which is a little more than 26' in height. He suggested that the building would not effect Mr. Shuttler's view because of the slope of the land and he questioned the necessity of restr. icting the height. It was then moved by Alderman Mann, seconded by Alderman Puttick that the report of the City Manager be received and filed and Council approve the construction of a 2-½ storey apartment building on Lots 128 and 129, west side of Drummond Road, and the height of the building be restricted 'to 25 ft. The motion was Defeated with the following vote: AYE: Alderm~ck, Mann and Smeaton. ~_~__~___YE:Aldermen Christensen, Fern, Harrigan, Keighan, Wslla~e, Schisler, Walker, Thomson, ORDERED on the motion of Alderman Wallace, seconded by Aldelmmn Christensen that the report of the City Manager be received and filed and the application E. Mocniak for a razesing to permit the constroction of a three-storey apartment building on the west side of Drummond Road be approved subject to the height of ~he building being restricted to 27.75 feet; and, further, that Council, by resolution, certLfy that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. The motion Carried with the following VOte: AYE: Aldermen Christensen, Fern, Harrtgan, Ketghan, Wallace, Schisler, Walker, Thomson. NAYE:Aldermen puttick, Mann and Smeaton. See Resolution No.46 DRUMMOND/PORTAGE/MORRISON AREA ROAD NETWORK Cams. 54 - Regional Municipality of Niagara - Report of the Public Works and Utilities Committee re: Drummond/Portage/Mortises Area Road Network, Report 218 - City Manager - Referring to a resolution of the Regional Public Works Committee respecting the replacement of the Portage Road Bridge over the Hydro Canal, the preparation of an analysis of the revised area roadway network, cost estimates for the scheme as proposed by the City of Niagara Palls and the indication that the Regional Municipality is prepared to assume 50% of the cost of !;such e study. Recomnending that the City agree with the resolution and the firm of Proctor and Refern be engaged to do the described work. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson the report be received and adopted, BY-lAW NO. 73-73 RESTRICTING CERTAIN CO~R4ERCIAL USES FROM INDUSTRIAL ZONES Report 219 - Deputy Cit Clerk - Advising that the Ontario Municipal Board has appointed Monday, June ~th,1973 at 11:00 a.m. in the Council Chambers for the hearing of all parties interested in supporting or opposing By-law No.73-73. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and filed and the dateof. the hearing noted.. - 3- COMMUNICATIONS No. 55 -~ Smith - Comments re: choice of the Sodom Road location for the Chippawn Recreation Centre; outlining the benefits of the Willoughby Drive site and requesting Council to reconsider the decision. ORDERED on the motion of Alderman Walker, seconded by Alderman Harrigan that the conmlunication be received and filed. The motion Carried with Alderman Thomson voting contrary and all.others in fayour. ' No. 56 - Mr._and Mrs. R. Chouinard - A complaint about the operation of minibikes and motorcycles in the area betwe""""'~n Sophia and Thiebert Street in the former Village of Chippaws; and a petition bearing the signatures of ten residents of the area requesting the removal of minibikes and motorcylces from the area between the Chippawa Pollution Control Plant and Thiebert Street. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that the communication be received and referred to City Staff for a report; and, further, that the Ontario Hydro be notified of the complaints as hydro-owned properties may be involved. No. 57 - Well_and County Roman Catholic Separate School Board - Requesting that consideration be given to the constmuction of a sidewalk on the west side of Stanley Ave. from George Street to Mortises Street for the safety of school children attending St.Mmry's School on Morrison Street. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schtsler that the communication be received and referred to the City Manager for a report. No. 58 - St.J. dohnAmbulanc___~e _ Re: "Save-a-Life- Week. RequeSting permission to use Centennial Square for the purpose of demonstrating the various metho~ of artificial respiration on the evening of June 22, 23 and 24th, 1973. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that .the communication be received and the request for the use of Centennial Square be .approved. No. 59 - Canada Week Committee - Re: "Canada Week", June 25 to July 1, 1973. Requesting that the week be observed by proclamation. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the ccamnunication be received and the request that the week June 25th to July 1st be proclaimed as "Canada Week" be applered. No. 60 - Un ~ro and. Nicoletti - Advising that Niagara Falls sightseeing operators and drivers have been under constant police =harassment and repeatedly questioned about complaints of soliciting; requesting that this practice immediately stop or some meeting arranged between the tour operators, representatives of the Police Department and the Mayor'a office to resolve the matter. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Fern that the. coamlunication be received and a copy of the complaint directed to the Niagara Region Board of Commissioners of Police. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that a copy of the commueication from the office of Ungaro and Nicoletti be forwarded to the Niagara Resortsand Tourist Association. ' No. 61 - Nia era Peninsula Fruit & Ve etable Growers' Association - Re: Regional Niagara Official Plan. Submitting a brief respe~bility of all levels of government for total agricultural policies omitted from the draft official plan and subsequent local plans; requesting support of a total approach to planning of agricultural land. ORDERED on the motion of Alderman Sehisler, seconded by Alderman Harrigan that the communication be received and referred to the Planning Administrator. No. 62 - MMC Travel Lt_________~d. - Expressing appreciation for support of the objections to proposed elimination of reduced air travel fare by Air Canada and CP Air. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the communication be received and flied. No. 63 - Downtown Mall Conmittee - Re': Proposed mall for a portion of Queen St., July 9th~uesting Council'8 support of a request to close parts of Queen St. and portions of St. Clair and Crysler Avenues as indicated on a sketch attached to the connunication; requesting that Council pass an appropriate by-law and an opportunity be given to persons affected to object to such a by-law. -4- Coranunication No. 63 (Cont'd) Mr. E. Nickel, owner and operator of the Mayflower Restaurant, 4671 Queen Street, advised Council of recent expenditures to remodel his establish- ment and provide additional parking. Ne objected to the proposed mall because the street barricade would nmke it difficult and inconvenient for tourists to travel directly to the restaurant from River Road and result in a substantial loss of business. Mr. Nickel indicated.he would raise no objection to the mall if the barricades were removed after regular store hours. As an alterna- tive to the Mall, he suggested the City develop an eye-catching gateway with lights and water fountains at the entrance to Queen St~ from River Road. Mr. B. Ballet, Chairman of the Mall Connnittee, said the Con~ittee will meet with all dissenters to attempt to resolve the objections. He agreed that the Mayflower had a particular problem because of night-time business and this must be considered, Re could foresee no problem regarding the removal of the barricades to permit through traffic on Queen street after store hours. 83 downtown businesses had responded to a survey; 77 indicating approval of the mall and six objecting to the proposal. Alderman Fera noted the con~nunication mentions the Municipal Act authorizes the passing of by-laws subject to the approval of the Minister of Transportation and Conmuuications, but does not provide that persons suffering damages through loss of business are not entitled to compensation. Mr. Ballet said the Co~uittee is aware that if someone objected to the mall and their business suffered because of it, they could claim damages. The City Solicitor said that while there is pro~is~nl.in exiSt.i~g legislation to permit the establishment of malls, several municipalities had obtained special legislation, mallswere authorized and persons were barred from claiming compensation or damages. He said he was concerned because of the duration of the proposal - seven weeks. The Association, he said, should have adequate coverage to protect the City from any claim for damages or compensa- tion. ORDERED on the motion of Alderman Keighan, seconded by Alderman Fern that the ccamnunication be received and tabled pending the outcome of the meeting of the Downtown Mall Con~nittee and those merchants who oppose the proposal. The motion Carried with Alderman Mann voting contrary and all others in fayour. Staff members were authorized to prepare the necessary by-law for presentation when the report is received froG the Downtown Business Association. · REPORTS No. 220 - City Manager - Report of the Council Cor~aittee. 1. ONTARIO MOUSING FAMILY UNITS - A report of the Planning and Development Co~nittee recommended approval of four sites for O.H.C. family units in the order of preference: a) Corner of Woodbine St. and an unopened road allowance (Baldin Ave.); b) North side of Belle~Street; c) Northwest corner of McLeod and Drunnond Road and d) Northeast corner of McLeod Road and Dorchester Road. Recommendation: that the report of the Planning and Development Conlnittee be received and adopted and the four sites approved, .in principle, in the order indicated. TRANSIT STUDY - Recommendation: That the reco~nendations of the Greater Niagara Transit Conelesion contained in a report dated March 26, 1973 be adopted with the following modifications: a) the Thursday and Friday evening service to Chippawn be continued; b) Friday evening service to Stamford Centre be continued and c) bus routes now terminating at the easterly end of Bridge Street continue the present practice of turning around at that point. 3. MARINElAND BENCE SIGNS - Mr.A.F.Bheppard submitted a request that considers- · tion be given to the re-instatement of Marineland advertising benches and ~.hat Council consider the development of an overall policy regarding dir~tional.siSns to tourist areas. Recom~endatiO~:'a)'that.a special c~ittee be appointed to consider, in depth, the problem of tourist directional signing with a request that · reconmendations be 'submitted to Council as quickly as possible; b)'that the City Manager, Mr.Sheppard and his client, Mr. Holer, arrange for the place- ment of upto fifteen benches advertising Marineland on road allowances for e period not exceeding 118 days~ (See Page I for. addirises1 information) 5 CHIPPAWA RIVER EMERGENCY BOAT PATROL - Recommendation: That en amount of $10,000 be provided in the 1973 Budget to assist the Chippaws River Emergency Boat Patrol end the funds be administered through the St.JnhnAmbulance Association ..... 5. - 5 - Re~ No. 22~) 5. HMC.___TRAVEL AGENC__Y - The discontinuation of reduced air fare travel in Canada unless visitors are travelling on a regularly scheduled flight. The report advises that in order to have the City's comments available for the hearing held May 10th, 'a telegram was forwarded to the Air Transport Committee and supporting infiormatton followed by letter. Recommendation: That the action taken be ratified by Council. 6..DISTRIBUTION CENTRE - Representatives of the Business and Industrial Growth Committee submitted a report regarding the establishment of a distribution centre in the City. Reconnaendation: that the report be received and the following recon~enda~ms adopted:a) that Council approve, in principle, the development of a Regional Distribution Centre to be located north of the CNR tracks, west of Garner Road; b) that the Planning and Development Committee be requested to consider the preparation of an appropriate Official Flan amendment and zoning by-law and hold a public meeting to consider comments for or against the proposal; c) that the B.I.G.Committee be requested to prepare an appropriate call for proposals and advise Council on the conditions and selection of the proponent. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the report of the Council Connnittee be received and adopted. The motion Carried with Alderman Wallace voting contrary and all others in fayour. " No. 221 - City Manager - Re: Land Sales - Falls Industrial Park. 1. Stahlkran Limited. Recommending the authorization of the sale of Lot 16 on Progress Street to Stahlkran Limited at a price of $4,000. per acre for the 2.76 acres or at a total cost of approximately $11,040. The building permit would be issued subject to a site plan agreement. '2. Penna Mix Limited. Recommending that Council approve the sale of Lot 47 to Perma Mix Limited at a rate of $4,000. per acre for the 10.39 acres or a total cost of approximately $41,560. Control of the proposed construction by the City would be achieved by a site plan agreement. 3. Red Bar Woodworking Company. Recon=nending approval of a 120-day option for Lot 15 on Stanley Avenue, the option price of $200. to be applied against the s sale price of the lot. The selling price of the 1.04 acres is at the rate of $4,300. per acre. The issuance of the building permit would be subject to a site plan agreement. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the report of the City Manager be received and adopted. No. 222 = City Manager - Re: Land and Services - Falls Industrial Park. Referring to earlier suggestions that it will be necessary to install additional services in the Industrial Park as well as reviewing the sale price of lots; reconFaending a) that tenders be'called immediately for Phase Two of the underground services and base roadways for Earl Thomas Avenue and Progress Street between Earl Thomsas Ave. and Stanley Ave.; ~nders for underground services to close June 5th and for base roads on June 19,t973; b) that the remaining 79.65 acres in the Falls Industrial Park be sold at the rate of $7,000. per acre effective May 15th,1973; c) that the cost of installing Phase Two services be paid for from revenues from the sale of the lands. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report of the City Manager be received and ~dopted. No. 223 - tit Manager - Re: Proposed Plan of Subdivision, Kenmore Noldin s Ltd., Part Twp.Lot [88, south of Jill Drive, east of Dorchester Road. Recommending preliminary approval of the proposed.plan subject to e~ght condit'i'6~s enumerated in the report; and, further, that Council certify, by resolution, that the application conforms.to Official Plan Amendment No. 28 of the Nifigara Falls Planning Area. See Resolution No, 47 ORDERED on the motion of Alderman .Sc'hisler, seconded by Aldermen Christej~.sen that the report be received and adopted.. -6- Reports (Coot 'd) No. 224 - City Manager - Re: Sidewalk on Front Street (former Village of Chippaws.) Advising of the existence of a City sidewalk on a section of property owned by Mrs.H.Keighan on the northeast corner of Front Street and Norton St.; advising that investigations indicate no easements or land exchange sgreements are in existence for the placement of the sidewalk on private property; recommending the sidewalk be moved from the block of land as much as possible and constructed adjacent to the curb; a total expenditure of $1,427. is required for the new stdewslk and for the adquisition of approximately 320 sq.ft. of triangular shaped property on which the curb. is presently located. ORDERED on the motion of Alderman Christensen, seconded by AldermanWalker that the report of the City Manager be received and adopted. Not__e: Aldermen Keighan declared his interest and abstained from voting. No. 225 - City Manager - Re: proposed Construction of M.T.C. between the Welland River and the South Limit of the City. Co~enting on the negotiations with representatives of the Ministry of Transportation and Communications for certain works required when road closings are made on various roadways adjacent to the Queen Elizabeth Way and south of the Welland River; submitting copies of pre- vious reports and a communication from R.G.Gascoyne,P.Eng-,Regional Director for the M.T.C. in which he outlines the Ministry's proposals in three stages; recommending Council'a approval of the proposals described as Stages 1, 2 and 3 in the commhnicatton from Mr.Gaacoyne, dated April 11, 1973, subject to the comments in the report. ORDERED on the motion of Alderman Schisler, seconded by Alderman Walker that the report of the City Manager be received and adopted. See Resolution No.56 No. 226 - City Manager - Re: Rear Yard Pick-up of Garbage. Reviewing the service and submitting an assessment of costs and additional menpower and funds. required if the service were to be resumed; rec~muending that no change be made to the present procedure. The Works Engineer provided additional information in response to questions by Aldermen Thomson and indicated the cost for rear yard pick-up of garbage would be approximately $13.00 per household, per year. He also confirmed that, upon request and an investigation of the circumstances, the aged and infirm' are provided the service at no cost. Aldermen Thomson suggested that perhaps the issue of rear yard pick-up of garbage should be decided by referendumat the next municipal election. ORDERED on the motion of Alderman Mann, seconded by Alderman Wallace that the report' of the City Manager be received and adopted. The. motion Carried with Alderman Thomson voting contrary and all others in layout. No. 227 - City Manager - Re: Drainage Problem - LaScala Subdivision. Reconnending acceptance of the quotation received from Sebben Construction Ltd. for the installation of a rearyard catchbasin on the east side of Warden Ave. in the LaScala Subdivision at the submitted price of $2,100. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that the report be received and adopted. See Resolution No. 48 No. 228 - City Manager - Re~ Operating Policy of the ParkiriS Connittee.Recommend~ that the procedures for the operation of the Municipal parking Committee.be amended to provide that parking changes outside the south end, centre area, downtown area and the hospital area need not be referred to the Couanittee. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera tlmt the report be received and adopted. No. 229 - City Manager, - Re: Parking on Britannia Crescent. Recormnending that parking be removed from the north side of Britannia Crescent from Portage 'Road 163~westerly and from the south side from Portage Road 144' westerly. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and adopted. No. 230 - City Manager - Re Parkingon Willoughby Drive. Recormnending that parkim be prohibited at all times from the northeasterly side of Willoughby Drive for 400~ centre on the curve of the roadway. ORDERED on the motion of Alderman Thomsons seconded by Alderman Christensen that ,the repOrt'he received and adopted.. - 7- NIAGARA FALLS JAYCEES ORDERED on the motion of Alderman Harrigan, seconded by Alderman Thomson that representatives of the Niagara Falls Junior Chamber of Conunerce be granted permission to address Council at this time. Mr.A.Henderson and Mr. P. Lococo appeared before Council to request financial assistance for a Regional Conference of the Jaycees in Niagara Falls this weekend. Approximately 450-500 persons will be attending. The organization had attempted to raise the required amount for a Civic Luncheon but find they are approximately $1000. short. Mr. Henderson said that the local Jaycees would be very appreciative of any support Council sees fit to provide. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the request be referred to the Budget Meeting. The motion Carried with the following vote: AYE: Aldermen Christensen, Harrigan, Keighan, Smeaton, Schisler, Walker, Thomson, Wallace. NaYE:Aldermen Mann, Fera and Puttick. NIAGARA FALLS TWINNING COMMITTEE ORDERED on the motion of Alderman Keighan, seconded by Alderman Harrigan that a report regarding the;Twinning:,Committee be brought forward for consideration at this time. Report No. 231 - Alderman Smeaton - Report on the current activities of the Niagara Falls Twinning Connittee. Advising that a committee has been set up to promote and organize the twinning of Niagara Falls with another community and outlining the Conmittee's course of action; advising further that the committee has decided .against Mundalisation whereby a percentage of the total tax levy would be given to a United Nations special fund; under the proposed scheme no monies would be required to be paid to any organization. Mr. Ted Hristow, Committee Chairman, spoke about the purpose of the twinning which, he said, has gained support from citizens and local organizations and many suggestions have been received as to the Twin City. He spoke about the importance of the approval of the City Council and the selection of a suitable Twin City by a special committee comprised of representatives of interes ted organizations, City Council and citizens. Mr. Hristow suggested the idea of twinning would be supported by placement of the United Nations Flag beside the National Flag of Canada at City Hall and the declaration of the City of Niagara Falls as a World City. It is suggested that flag-raising ceremonies be conducted on United Nations Day, October 24, 1973 and the day declared as United Nations Day. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that the City of Niagara Falls be declared as a "City of the World" and be twinned with a sister City in due time; further that the selection of a Twin City be mede by a special citizens c,oFwatttee~wtth members of Council participating in the selection. No. 232 - City Manager - Re: Sidewalk on Dorchester Road. Advising that a sidewalk will be construction on the east side of Dorchester Road fromMe/ntainRoad to Riall Street for the next school year in September. ORDERED on the motion of Alderman Thomson~ seconded by Alderman Puttick that the report be received and filed. No. 233 - City Manager - Re: McLend Road Interchange. Recommending approval of s resolution appearing later on the sgenda regarding the redesign.:,l of the McLeod Road interchange with the Queen Elizabet~Way. OKDERED on the motion of AIderman Puttick, seconded by AIderman Marrigan that the report be received and adopted. See Resolution No.45 No. 234 - City Manager - Re: Amendments to the Explosive Regulations of The Canada Explosive Act to prohibit the sale of firecrackers. Advising that "firecrackers" are defined as fireworks the sole purpose of which is to create noise; suggesting that in order to have the City~s legislat.ion conform with Federal requirements, By-law No. 70-86 be amended . ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler that the report be received and~iled and the by-law appearing later on the agenda be approved. -8- Reports (Coat'd) No. 235 - City Manager - Re: Federal-Provincial Winter Capital Projects Fund. Requesting approval of applications under the Winter Capital Projects Fund for various storm sewers approved by Council in 1973 and 1973 Capital Budget Watermains. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the report be received and adopted. See Resolution No. 49,49-A & 4Q-! No. 236 - Planning and Development Committee - Re: 1972.edition of the Annual Development Report. ORDERED on the motion of Alderman Keighan, seconded by Aldernmn Wallace that the report be received and filed. No. 237 - City Manager - Re: Parks Use Schedule prepared by the Parks Depart- ment and approved by the Recreation Commission. ORDERED on the motion of Aldermen Puttick, seconded by Aldernmn Schisler that the Parks Use Schedule be approved. No. 238 - City Manager - Re: Rodent Control. Recormnending that the price received from Abell Waco Limited in the amount of $1,335. yearly or $111.25 monthly be accepted for the next year and an appropriate by-law and agreement be executed as quickly as possible. ORDERED on the motion of Aldenan Schisler, seconded by Alderman Christen, ca that the report be received and adopted. See Resolution No. 50 No. 239 - City Clerk- Re: Advisory Report - Miscellaneous Items.. The report recommends approval of the Canadian Corps Annual Pilgrimege Parade; the Indian Defense League parade and use of Oakes Park; the attendance of Council at the opening game of the Senior '~" Fasthall League and the placing of an sdver= risemeat in the souvenir program; permission for the Westlane Secondary School Cheerleading Squad to hold a "Skip-a-Thou" on Centennial Square; approval of the calling of tenders for certain watermains, underground services and base roads. The report also includes information regarding the Conference on Snow and Ice Control; remedial works at the American Falls and information regarding the clearing and cleaning of the A.Tarczy property on Beaverdams Road. ORDERED on the metion of Aldemman Puttick, seconded by Aldermen Walker that the report of the City Clerk be received and adopted. No. 240 - City Manager - Re: Road and Sidewalk Construction in Queen,way Gardens and Noella Crescent, Contract R.C.11-73. Reco~nending that the unit prices received from Steed and Evans Ltd. for the construction of curb and gutters, surface asphalt and sidewalk construction be accepted.' ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton that the report be received and adopted. See Resolution No. 51 No. 241 - City Manager - S&d~walk Repair Program, Contract S.R.12-73. Reconnnend~g acceptance of the unit prices received from V.Kerrio-Germano Ltd. for the repair of various sidewalks. ORDERED on the motion of AldermanThomson, seconded by AldermanChristense~ that the report be received and adopted. See Resolution No. 52 No. 242 - City Manager - Re: Hot Mix Asphalt Overlay Program, Contract A.6.13-73. Recommending acceptance of the unit prices submitted by Warren Bitulithic Limited for placement of hot mix asphalt on certain roadways and other areas. ORDERED on the motion of Alderman Christensen, seconded by AldermenSmeaton. that the report be received and adopted. See Resolution No. 53 No. 243 = City Manager - Re: Tender for Mowing Weeds on Private Property and Chemical Weed Control, Contract W.C.14-73. Reco~,.nending that the tendered prices of Earl Murchie be accepted subject to the tendeter enterinS into the necessary contract documents within. two weeks time. ORDERED on the motion of Alderman Schialer, s~conded by Alderman Christensen that the report be tensired and adopted. 'See Resolution No. 54 - 9- Reports (Coat'd) No. 244 = City Manager - Re: Municipal Fire Instructors~ Association Conference, May 28th to 30th,1973 in Hamilton. The report also advises that Mr. Dave Kemp has been appointed Chief of the Training Division of the Fire Department; reconnnend- ins that Deputy Chief J.Barr and Chief of the Training Division D. Kempbe authorized to attend the Conference. ORDERED on the motion of an [er~ seconded Alderma~ report No. 245 - City Manager - Re: Annual Conference, Association of Municipalities of Ontario, Toronto, August 19-22 inclusive,1973. Ad~ieing that acording to the Association's schedule, the City is entitled to five voting delegates. ORDERED on the motion of Aldenan Mann, seconded by Aldenan Mann, seconded by Alderman Thomson that the report be received and filed and Aldermen Puttick, Marrigan, Christensen, Walker and Hunt be named as the City's delegates. Alderman Schisler also indicated his interest in attending the Conference. No. 246 - City Manager - Building Penits issued for the Month of April, 1973. ORDERED on the motion of Alderman Mann, seconded by Aldenan Fern that the report be received and filed. No. 247 - Deputy City Clerk ~ Re: Application of Mr. Charles Snow for a "Hawker and Pedlar" liceace. ORDERED on the motion of Alderman Christensen, seconded by Aldermen Fern that the report be received and filed and the application denied. No. 248 - Deputy City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christen,ca that the report be received and adopted a~d liceaces granted. No. 249 - City Manager - Recommending payment of Municipal Accounts. .ORDERED on the motion of Alderman Christen, ca, seconded by AldermenSchisler that the report he received and adopted. RESOLUTIONS No. 42 - CHRISTENSEN - WALKER - RESOLVED that a message of sympathy be forwarded to the family of the late Mrs.Andrew Derhodge, sister of His Worship MayQr George Bukator; AND the Seal of the Corporation be hereto.affixed. Carried Unanimously No. 43 - SME~ON - MANN -.RESOLVED that WHEREAS The Regional Municipality of Niagara Act, 1968-69, provides that the constitution of the Niagara Regional Board of Commissioners of Police consist of: (a) two members of Regional Council appointed by resolution of the Regional Council; (b) a Judge of the county court of the Judicial District of Niagara North or the Judicial District of Niagara South designated by the Lieutenant Governor in Council and (c) two persons appointed by the Lieutenant Governor in Council; AND WHEREAS it is the opinion of this Council that the Board of Commissioners of Police might better serve the area municipalities if more elected representatives were included in the Board of Commissioners of Police; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls petition the Goverrnnent of Ontario to amend The Regional Municipality of Niagara Act, 1968-69, to provide that elected representatives constitute a meJority of the membership of the Board; and BE IT FURTHER RESOLVED that the Regional Municipality of Niagara be petitioned to endorse this request; AND the Seal of the Corporation be hereto affixed. The motion approving the resolution Carried with the following vote: A__~: Aldermen Christensen, Fera, Mann, Puttick, Smeaton, Schisler, Themeon, Walker. ~AYE:Aldermen HarriSan, Keighan and Wallace. No. 44 - THOMSON - CHRISTENSEN - RESOLVED that WHEREAS it has been brought to the attention of the Council of the City of Niagara Falls that no standard provision is required in the conveyance of property to fully inform the purchaser of the possible uses that mey be mede of surrounding properties; AND WHEREAS the acquisition of a home ~s the largest and most important single purchase undertaken by the meJority of ratepayers; AND WHEREAS meny home purchasers ecquire property on the assumption that the surrounding 'lands, particularly in new subdivisions, are zoned exclusively for single-family or similar residentiel purposes, only to find out st a leter date that certain high=dens&ty residential uses are also permitted; w~we - 10- Resolution No. 44 (Coat'd) NOW THEREFORE BE IT RESOLVED that the Ontario Association of Real Estate Boards be requestdd to amend Form No.101 '~greement of Purchase and Sale" by the addition of the following information: (a) The zoning and permitted uses of the property which is the subject of the agreement (i.e. the property being purchased) (b) The zoning and permitted uses of all properties within 300 feet of the property which is the subject of the agreement; AND the Seal of the Corporation be hereto affixed. Carried Unanimous ly No. 45 - SCHISLER - MANN - RESOLVED that WHEREAS the Council of the City of Niagara Falls has approved a shopping centre in the south-west quadrant of the interchange of the Queen Elizabeth Way with McLeod Road; AND WHEREAS this development will alter the traffics movements at this inter- change; ANDWHEREAS the existing proposed design can be improved; BE IT THEREFORE RESOLVED that the Council of the City of Niagara Falls petition the Ministry of Transportation and Communications to re-design this interchange as recommended by Dames and Smith Limited, Consulting Engineers and Planners in their report for Niagara Square Corporation, either as sheen on Drawing No. 7205-W010, Scheme 02 or a similar scheme with the west side service road crossing McLeod Road at grade; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 46 - WALLACE - CHRISTENSEN - RESOLVED that the Council.of the Corporation of the City of Niagara Falls hereby certify that the application of E. Mocniak for the rezoning of Lots 128 and 129,R.P.235, situated on the west side of Drummond Road, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Municipal.Affairs; AND the Seal of the Corporation be hereto affixed. The motion approvtng the application Carried with the following vote: AYE: Aldermen Christensen, Fera, Narrigan, Keighan,Wallace,Schisler,Walker,Thems°n! NA~:Aldermen Puttick, Mann and Smeaton.. Carried No. 47 - SCHISLER - CHRISTENSEN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Kenmore Holdings Ltd. for the rezoning of Pt.Twp.Lot 188, south of Jill Drive, east of ~ Dorchester Road, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Ares as amended and approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. ~ Carried Unanimously No. 48 - MANN - HARRIGAN - RESOLVED that the quotation received from Sebben Construction Ltd. for the installation of a rearyard catchbasin including approximately 150 feet of sewer lateral and all re-instatement, on the east side of Warden Avenue in the LaScala Subdivision , be accepted at the submitted pric~ of $2,100.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 49 - THOMSON - WALKER - RESOLVED that WHEREAS the Council of the City of Niagara Falls deems it expedient to apply for a loan under the Winter Capital Projects Fund as described in the Memorandum of the Treasurer of Ontario dated March 1, 1973, in respect of the following project, namely "Ontario Avenue Storm Sewer", hereinafter referred to as "the project"; AND WHEREAS the project is, in the opinion of the Council, a municipal project within the meaning of the above-mentioned Memorandum; AND WHEREAS the project would be a previously planned project or a project already under way on which construction will be accelerated to create substantial additions1 employment through to May 31, 1975; AND WHEREAS the other requiren~nts of the above-mentioned Memorandum have been complied with; NOW THEREFORE BE IT RESOLVED that application be made to the Treasurer of Ontario for a loan in the amount of $235,000.00 to assist in the financing of the project under the Winter Capital Projects Fund; AND the 8ca1 of the Corporation be hereto affixed. Carried Unanimously - 11 - Resolutions (Cont'd) No.49-A - THOMSON - WALKER - RESOLVED that WHEREAS the Council of the City of Niagara Falls deems it expedient to apply for a loan under the Winter Capital Projects Fund as described in the Memorandum of the Treasurer of Ontario dated March 1, 1973, in respect of the following project, namely, "Various Storm Sewers": Hawkins St.; Concord Crescent; Damerrs Crescent; Parklawn Crescent; Winston St.; Jill Drive; Cooper Drive; Marieclaude Ave.; Jordan Ave.; Barker St.; Dorchester Road frum3ill Drive to McLeod Road; Adams Ave.; Corwin Ave.;Fern Ave.; Dorchester Road from Douglas St. to Caledonia St.; and Caledonia Street; hereinafter referred to as "the project"; AND WIfl~REAS the project is, in the opinion of the Council, a municipal project within the meaning of the above-mentioned Memorandum; ANDWHEREAS the project would be a previously planned project or a project already under way on which construction will be accelerated to create substantial additional employment through to May 31, 1975; AND WHEREAS the other requirements of the above-mentioned Memorandum have been complied with; NOW THEREFORE BE IT RESOLVED that application be made to the Treasurer of Ontario for a loan in the amount of $400,000.00 to asdtst in the financing of the project under the Winter Capital Projects Fund; AND the Seal of the Corpora- tion be hereto affixed. Carried Unanimously No. 49-B - THOMSON - WALKER - RESOLVED that WHEREAS the Council of the City of Niagara Falls deems it expedient to apply for a loan under the Winter Capital Projects Fund as described in the Memorandum of the Treasurer of Ontario dated 'March 1, 1973, in respect of the following project, namely, "1973 Capital Budget Watermains": East service road from McLeod Road to Montrose Road and Main Street (Chippaws) from Cunnnington Square to Sodom Road, hereinafter referred to as "the project"; AND WHEREAS the project is, in the opinion of the Council, a municipal project within the meaning of the above-mentioned Memorandum; AND WREREAS the project would be a previously planned project which will not be accelerated provided the Council undertakes to add to the capital budget a new or accelerated project at a later date involving the incurfence of capital expenditures before May 31, 1975 at least equal to the loan under this program; AND WHEREAS the other requirements of the above-mentioned Memorandum have been complied with; NOW THEREFORE BE IT RESOLVED that application be made to the Treasurer of Ontario for a loan in the amount of $170,000.00 to assist in the financing of the project under the Winter Capital Projects Fund; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 50 - SCHISLER - CHRISTENSEN - RESOLVED that the price received fremAbell Waco Limited for a Rodent Control Program in the amount of $1,335.00 yearly or $111.25 monthly, be accepted for the next year; AND the Seal of the Corporation be heretoaffixed. Carried Unanimously No. 51 - PUTTICK - SMEATON - RESOLVED that the unit prices received from Steed and Evans Ltd. for the construction of curb and gutters, surface asphalt and sidewalk construction in Queensway Cardens and Noella Crescent, Contract R.C. 11-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 52 - THOMSON - aflIISTEMSEN - RESOLVED that the unit prices received from V.Kerrio-Cermano Ltd. for the repair of various sidewalks, Contract S.R.12-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 53 - CHRISTENSEN - SHARON - RESOLVED that the unit pricesshbmitted by Warren Bitulithic Limited for placement Of hot mix asphalt on certain roadways and other areas, Contract A.0.13-73, be accepted;AND the Seal ofthe Corporation be hereto affixed. Carried Unanimously No. 54 - . ..... 12. ~ - 12- Resolutions (Cont'd) No. 54 - SCHISLER - CHRISTENSEN - RESOLVED that the tendered prices of Earl Murchie for the mowing of weeds on private property and chemical weed control, Contract W.C.14-73, be accepted subject to the tenderer entering into the necessary contract documents within two weeks time; AND the Seal of the Corpora- tion be hereto affixed. Carried Unanimously No. 55 - SCHISLER - MANN - RESOLVED that the next meeting of the Council Cvuunittee be held on Tuesday, May 22, 1973, commencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 56 - SCHISLER - WALKER - RESOLVED that the Council of the City of Niagara Falls hereby agree to proposals by the Ministry of Transportation and Connnuni- cations respecting certain financial arrangements and construction timing for work required when road closings are made on various roadways adjacent to the Queen Elizabeth Way and south of the Welland River, described as Stages 1, 2 and 3 in a con~nunication dated April 11, 1973, from R.G.Gascoyne,P.Eng., Regional Director, Ministry of Transportation and Communications; subject to comnents contained in a report to the City Council dated May 14, 1973; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-lAWS No. 73-64 - A By-law to authorize the execution of a site plan agreement with ~dward Mocniak and Winnifred Mocniak. ORDERED on the motion of Alderman Waltade:, seconded by Alderman Keighan that Alderman HartlEan be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Harrigan, seconded by Aideman Fera that the By-law be now given a second and third reading. Carried No. 73-65 - 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. (Mocniak) ORDERED on the motion of Alderman Schisler, seconded by Aideman KeiShan that Alderman Harrigan be granted leave to introduce the By-l~w and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Marrigan, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried No..73-103 - A By-law regarding the maintenance, management, regulation, control and t~king over of certain Cemeteries. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that Alderman Harrigan be granted leave to intmoddce the By-law and the By-law be given the first reading, Carried Unanimously ORDERED on the motion of Alderman Harri~an,,second6d.by,Alderman" Christensen that the By-law be no~ given a second and third reading. Carried, Unanimously No. 73-104 - A By-law to amend By-law No.79-86 respecting the sale and setting o£f of fireworks in the City of Niagara Falls. ORDERED on the motion of Alderman Keighsn, seconded by Alderman Fers that Alderman Christensen be granted leers to introduce the By-law and theB~y-law be Biven the first rending. Carried Unanimously - 13 - By-law No.73-104 (Cont'd) ORDERED on the motion of Aldezman Christensen, seconded by Alderman Keighan that the By-law be now given a second and third reading. Carried Unanimously No. 73-105 - A By-law to authorize improvements to the electrical power distribu- tion system of the City of Niagara Falls. (TWO READINGS ONLY) ORDERED on the motion of Alderman Wallace, seconded by Alderman Schis ler that Aldernmn Puttick be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Puttick, seconded by Alderman Puttick, seconded by Aldermen Christensen that the By-law be now given a second reading. Carried Unanimously No. 73-106 - A By-law to authorize the sale of land in the Falls Industrial Park to Metal Protection Industries Limited. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that Alderman Puttick be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimousl~ ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimousl~ No. 73-107 - A By-law to authorize the execution of an agreement with Steed and Evans Ltd. forthe construction of roads and sidewalks. ORDERED on the motion of Alderman Keighan, seconded by Alderman Christensen that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-108 - A By-law to authorize the execution of an agreement with Warren Bttultthic Limited for the construction of hot mix asphalt overlays. ORDERED on the motion of AldermanSchisler, seconded by Alderman Keighan that Alderman ChriStensen be granted leave to introduce the By-law and the By-law be given the first reading. Gerried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Fern that the By-law be now given a second and third reading. Carried Unanimously No. 73-109 - A By-law to authorize the execution of an agreement with Vincent Kerrto-GermanO"Ltd, for.e~dewalk repairs, ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that Alde~an that Aldermen Thomson be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the By-law be no~ given s second and third reading. Carried Unanimous~ 4. - 14- By-laws (COnt'd) No. 73-110 - A By-law to authorize the execution of an agreement with Earl Murchie for chemical weed control. ORDERED on the motion of Aldernmn Keighan, seconded by Aldernmn Schisler that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimously No. 73-111 - A By-law to authorize the execution of an agreement with Earl Murchie for mowing weeds on private lots. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-112 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimously NEW BUSINESS PRESENTATION OF TROPHIES The trophy for the Annual Dart Tournament was won this year by Alderman Puttick and Alderman Thomson. His Worship Mayor Bukator accepted the t~ophy and congratulated the Aldermen. Mayor Bukator, on behalf of the City, accepted a plaque from the Historical Automobile Society of Canada presented in appreciation of the hospitality extended to the organization. The plaque wa8 presented by Alderman Smeaton. ADJOURNI~NT The meeting adJouxned on the motion of Alderman Puttick, seconded by Alderman Marrigan. READ AND ADOPTED, Mayor TWENTY-THIRD MEETING SPECIAL MEETING Committee Rooms 2 & 3 May 7, 1973. Following a Council Connnittee meeting on Monday, May 7th, 1973, Council re-convened in formal Council Session on the motion of Alderman Mann, seconded by Alderman Schisler. All members of Council were present with the exception of Alderman Walker, His Worship Mayor George Bukator presided as Chairman. BY-lAWS No. 73-~02- A By-law to amend By-law No. 7531, being a By-law to provide for the erection of Stop Signs at Intersections. (Buckley Ave. at Simcoe St.; Lyons Creek Road at McKenney Road; Ridge Road at McKenney Road; Ridge Road at Morris Road; Kalar Road at Brown Road and Spence gtreet at Corwin Avenue) ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Csrried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the By-law be now given second and third readings. Carried Unanimously REPORTS No. 217- City Manager - Re: Ontario Traffic Conference and Annual Meeting. Recon~nending that two members of the Engineering Department and two members of Council be authorized to attend the Annual Meeting in Oshawa May 27th to May 30th,1973, inclusive. ORDERED on the motion of Alderman Mann, seconded by Alderman Keighan that the report be received and adopted and Aldermen Thomson and Puttick be named as the City representatives at the Conference. NEW BUSINESS SITE OF JUNK YARD - BEAVERDAMS ROAD Alderman Keighan noted that although Council had denied a rezoning application to permit the operation of a scrap metal yard on the south side of Beaverdams Road, the building was apparently being used for the repairing of cars. In addition, the property had not been cleaned up as directed by Council. During the past week a fire had erupted on the premises and a petition had been received from residents of the area. The matter was referred to the City Manager. SENIOR CITIZENS OLYMPIC GAMES Alderman Puttick conmented on the program for the Senior Citizens' Olympics and requested the participation of Council. The Aldermsn was granted an amount of $75.00 for expenses incurred. The meeting adjourned on the motion of Alderman Mann, seconded by Alderman Hunt. READ AND ADOPTED, TWENTY-FIFTH MEETING Committee Rooms 2 & 3 May 22, 1973 SPECIAL MEE~.NG Following a Council Committee meeting on Tuesday, May 22, 1973, Council re-convened in formal Council Sess ion on the motion of Alderman Christensen seconded by Alderman Puttick. All Members of Council were present with the exception of Alderman Hunt and Alderman Walker. His Worship Mayor George Bukator presided as Chairman. .REPORTS No. 250 - City Manager - Re: South End Recreation Complex. Advising that the first phase includes one building to enclose an ice surface and spectator seating and a second two-storey building to include dressing rooms for the arena functions and meeting rooms; provision for 200 parking spaces has also been included. The total estimated cost for the first phase is $756,000.; advising further that Federal labour forgiveness loans could amount to an estimated $212,000. and a Provincial grant for community centres in the amount of $20,000. can be expected, leaving a municipal expenditure of $524,000. to be financed over 20 years by the Winter Capital Projects Fund. The report recon~nends an application be made to the FederaI Government for approval of the South End Recreation Complex under the Winter Capital Projects Fund. ORDERED on the motion of Alderman Christensen, seconded by Alderman Puttick that the report be received and adopted. See Resolutions Nos.57, 58 and 59 No. 251 - Deputy City Clerk - Re: Application of Stamford Construction for the rezoning of property located on the east side of Portage Road, south of Virginia Street to permit the erection of one apartment building containing not more than 18 dwelling units; advising that as a result of the usual notification procedure, · one letter of objection was received; requesting the direction of Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the report be received and filed and notwithstanding the objection received, Council reaffirm an earlier decision to approve the application of Stamford Construction and the application, together with the objection received, be forwarded to the Ontario Municipal Board for consideration. RESOLUTIONS No. 57 - KEIGHAN - CHRISTENSEN - RESOLVED that WHEREAS the Council of the Corporation of the City of Niagara Falls deems it expedient to apply for a losn under the Winter Capital Projects Fund as described in the Memorandom of the Treasurer of Oatario dated March 1, 1973, in respect of the following project, namely, "SOUTH END RECREATIe~COMPLEX", hereinafter referred to as "the project"; AND W}~REAS the project is, in the opinion of the Council, a municipal project within the meaning of the above-mentioned Memorandum; AND WHEREAS the project would be a previously planned project or a project already underway on which construction will be accelerated to create substantial additional employment through to May 31, 1975; AND W}~REAS the other requirements of the above-mentioned Memorandum have been complied with; NOW THEREFORE BE IT RESOLVED that application be made to the Treasurer of Ontario for a loan in the amount of $736,000.00 to assist in the financing of the project under the Winter Capital Projects Fund; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 58 - KEIGHAN - CHRISTENSEN - RESOLVED that the drawings for the first phase of the South End Recreation Complex be referred to City Staff for revisions to the design in cooperation with the Niagara South Citizens' Action ~ommittee; AND the Seal of the Corporation be hereto affixed. Carried Unanimously - 2- Resolutions (Cant'd) No. 59 - KEIGRAM- ~I{RIgTENSEN - RESOLVED that the Planning and Development Committee be requested to process an application to rezone property on Sodam Road (formerly the Starlite Theatre property) to permit "athletic and sports fields, parks and recreational uses requiring large areas of open space" for the purpose of establishing the South End Recreation Complex; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 60 - THOMSON - SMEATON - RESOLVED that Alderman R. F. Ketghsn be appointed as Acting Mayor for the period May 24th, 1973 to June 1, 1973, during the absence of Hls Worship Mayor George Bukstor; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 61 - CHRISTENSEN - FERA - RESOLVED that Alderman Wayne Thomson be appointed Acting Mayor for the period June 2, 1973 to June 8, 1973 during the absence of His Worship. Mayor George B~kator; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS ':~.- MIKE BARTO Aldernmn Puttick referred to an ea~ ier suggestion that a street be named in banour of Mr. Mike Barto and enquired as to the status of the matter. The Alderman's enqulry was referred to the City Engineer for further considera- tion. INDUSTRIAL TRIP In reply to questions by Alderman Puttick, the City Manager stated that during a budget meeting, the Chairman of the Business and Industrial Growth Conmittee had asked that Mayor Bukator accompany the Industrial Manager, as the City's representative dur ins the industrial trip to Germany. An amount for the Mayor's expenses, he said, had b~en included in the Committee'a budgeted figure. KRESGE'S VACANT BUILDING - QUEEN ST. Alderman Christensen commented on the disgraceful appearance of the vacant Kresge building on Queen Street. The Alderman reported that the owners would only consider a one-year lease and ~?prospective tenant was unwilling to expend a considerable amount of money to clean up the premises for a one year period. Queen Street merchants had indicated willingness to clean the windows and use the space for display purposes. The matter was referred to the Building Inspector to contact the owners of the building. PARKING PROBLEMS It was suggested by Alderman Thomson that consideration be given to some method to simplify the processing of individual parking problems which require the approval of the Parking Committee, the passing of a by-law by Council and, in some cases, the approval of Regional authorities. As an example, the Alderman cited a problem encountered by the Niagara Motel on Ferry Street where trucks constantly park in such a manner as to block the moteles driveway, The p~oblem, he said, could be solved by the removal of one parking meter and. the erection of s no parking sign which requires the approval of the Region. The Alderman suggested that s telephone poll of Parking Committee members and the implementation of some method at the Regional level to expedite Regional approval of comparatively simple parking problems would eliminate unnecessary delays. His Worship Mayor Bukator noted that the City processes applications for permits for buildings on Regional roadways. The applications are forwarded to the Region for review and, generally, approval is received within a few days. Mayor Bukstor suggested s similar procedure would reduce the waiting period. -3 - New Business (Cant'd) LOCAL IMPROVEMENT PROGRAM The City Engineer confirmed that the resurfaciog of Jill Drive, Cooper St. and Marieclaude Ave. were included in the 1973 Local Improvement Program and it is hoped that th_s works will be completed during the current year. The subject was introduced by Alderman Thomson who advised that residents of the area h~d petitioned for the work for several years and were now concerned that the resurfscing of the roadways would again be deleted from the program. LANDLORD AND TENANT BUREAU Alderman Thomson reviewed the unsuccessful efforts of the City to have the Region establish a Landlord and Tenant Bureau to provide assistance and advice regarding the rights and obligations of both landlords and tenant He commented on the problems experienced in the City of Sc. Catharines and the increased number of enquiries and complaints received by the Clerk's office. The Alderman also referred to a report prepared by the Social Planning Council which indicated the successful operation of such bureaux in London, Kitchener, Hamilton, Toronto and Berlington. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttick that a resolution requesting Regional Niagara to establish a Landlord and Tenant Bureau be prepared and submitted for Council's consideration at a future meeting. 0AKES DRIVE Alderman Christensen reported many complaints about traffic tie-ups at the McLeod Road railway crossing as a result of the closing of Oakes Drive and the one-way system for northbound traffic. Alderman Thomson advised that the closing of the roadway was necessary because of a rock slide and a report would be submitted to the Niagara Parks Commission at a meeting scheduled for Friday, May 25th. The City Maxxeger indicated that major construction was required to remedy the situation and the road would likely be closed for a few months. He questioned the present southbound one-way traffic ahd suggested the Commission should be made aware of the City'a views. It was then moved by Alderman Christensen, seconded by Alderman Mann that it be recommended to the Niagara Parks Con~nisston that one-way traffic on Oakes Drive should be north to Falls View from McLeod Road to the incline railway entrance. The motion Carrie_._..__/d unanimously. : FREE BUS TRANSPORTATION FOR SENIOR CITIZENS Alderman Fera referred to his earlier suggestion that senior citizens be allowed to use Transit Commission buses free of charge. His Worship Mayor Bukator will provide further information regarding this matter. POLICE BUILDING In reply to questions by Alderman Wallace, the City Manager confirmed that the architect for the police building, D.Chapman, had met with Chief Sherman and his staff concerning the required changes in the building layout to meet the revised need of the Regional Police and a consulting firm was preparing cost estimates. Council had approved an expenditure of $2,850. for revisions to the plans and the updat~n~ of cost estimates and the architect had been so informed, BLOSSOM FESTIVAL ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that a letter of congratulation be forwarded to the Niagara Promotion Association on the success of the Blossom Festival activities. Mr, R. 8ones, the Cityes Recreation Director~ was Co-Ordinator of the events. ' -4- New Business (Cant'd) REQUEST FOR CITY GRANT - CALVARY CHURCH CHRISTIAN CENTRE A reqnest from the Calvary Church Christian Centre for a grant in the amount of $1,800. for canonunity programs and services was referred to the budget meeting. ADJOURNMENT The meeting adjourned to Connnittee of the Whole on the motion of Alderman Mann, seconded by Alderman Thomson. READ ANDADOPTED, y er Mayor TWENTY-SIXTH MEETING Council Chambers May 28, 1973. REGULAR MEETING Council met on Monday, May 28, 1973, at 7:30 p.m. for the purpose of con- sidering general business. All Members of Council were present with the exception of His Worship Mayor George Bukator. Alderman Fern offered the Opening Prayer. Alderman Keighan, as Acting Mayor, pres ided as Chairman. ADOPTION OF MINUTES The minutes of the May 14th and May 22nd meetings were adopted on the motion of Alderman Thomson, seconded by Alderman Mann. DEPUTATIONS ONTARIO HOUSING CORPORATION ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt, that Mr. S.Kaye, Development Officer, Ontario Housing Corporation, be granted permission to address Council. M,l i2 f. Kaye advised that 22 of the 100 family housing units requested by the City are under construction in the area of Sinnicks Ave. and Thorold Stone Road. As a result of a proposal call for the remaining 78 units, four submissions from n~ '.l~w~{,]~[. poor response, he said, was due to the reluctance to submit proposals because of existing zoning problems in the City of Niagsrs Falls aswell as other Ontario municipalities. Mr. Ksye asked City Council to accept three proposals spproved by O.H.C., namely, -' (I) 28 units on the north side of Bellevue Street; cost per unit $15,544.00. total cost $435,220.00 (Fenell Developments Ltd.) ' (2) 30 units east of Dorchester Road; cost per unit $16,660.00. total coat $498,463.00 (Taro Properties inc.) ' (3) 27 units east of Drunnnond Road; cost per unit $16,017.00; total cost $432,485.00 · (Taro Properties Inc,) A proposal by Taro for 15 units on Woodbine was too costly and was not considered by r Ontario Rousing. All projects are two-storey townhousing units, containing 2~3,4 and 5 bedrooms, of brick veneer construction and aluminum siding, with full basements and forced air gas heating. Each of the properties require a zoning amendment. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the three projects recommended by the Ontario Housing Corporation be approved by Council, The motinn Carried with Alderman Emeatonsvoting contrary and all others in fayour. See Resolutions Nos.62,63 snd 64 HIGHLAND AVENUE Mr. Bruce Tomlinson,5765 Highland Avenue, was granted permission to address Council on the motion of Alderman Mann, seconded by Aldermsn Thomson. Mr. Tomlinson submitted a petition of 130 citizens regarding the condition of Highland Avenue since the installation of a watermain on Highland Ave. from Lundy's I~ne to Fredrice Street. The complaints included water shutoils for long periods of time; dust conditional sidewalk damage; failure to re-sod lawns and boulevards; delays in restoring area to original condition and damage to lawns by the use of large pieces of asphale and stone for fill purposes. Mr. Tomlinson also suggested the City review the present practice of awarding contracts to low bidders because, in some instances, the work was inferior. Alderman Harrigan suggested a written explanation be forwarded to the petitioners. Following considerable discussion, it was ORDRRMD on the motion of Alderman Wallace, seconded by Aldermen Harrigan that the matter be referred to the City Engineer for preparation of a report to clarify the situation and tO provide infor- mation regarding the complaints presented by Mr. Tomlinson; the time limit snd schedule contained in the original contract with Damore Bros.; the amount of money paid to the contractor to date and what bond is availshie to indemnify the City. o 2- UNFINISHED BUSINESS DIRECTIONAL SIGNING FOR TOURIST ATTRACTIONS Report No. 253 - City Manager - Re: Direction Signing for Tourist Attractions and amendmen~ to policy regarding Guide Signing on Public Highways. Advising of a meeting with members of the N.R.T.A. including the Executive Board, repre- sentatives of the Skylon, the Royal Tower and blarineland; advising further that it was the genersl opinion of the N.R.T.A, Executive Board that a compromise solution would be to allow tourist attractions providing at least 800 spaces of free parking, to Qualify for directional signing along specified public road allowances; submitting additional information regarding estimated costs and suggesting the City purchase and place the signs and bill the cost of the work to the owners of Marineland, the Skylon and the Royal Tower bssed upon the number of signs erected for each; recormnending the revised policy regarding guide signing on public highways be approved and forwarded to the Regional for consideration and endorsation as soon as possible. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the report of the City Manager be received and the revised direct~onal signing policy be adopted providing the costs are prepaid by the tourist attractions effected and subject to Council'a approval of the design and location of the directional signs. The motion Carrie____~d with Alderman Walker voting contrary and sll others in fsvour. Mr. A. F. Sheppard was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Schisler. Mr. Sheppard spoke about the urgency of the matter inasmuch as the volume of business at Marineland had decreased since removal of the bench signs. He suggested the absence of directional signs was a discourtesy to tourists who travelled to the City to visit Marineland as a result of extensive adver- tising. Mr. Sheppard asked that Council approve the erection of attractive temporary signs until the policy adopted is actually put into effect. ORDERED on the motion of AldermanThomson, secodded by Alderman Puttick that the the Building Inspector be authorized to ~ke the necessary arrangements for the erection of temporary direotional signs pending the adoption of the proposed policy by Regional officials and the installation of permanent signs. BY-LAWS 72-138 AND 73-73 Report No. 254 - City Solicitor - Re: By-law No.72-138 (Zoning Amendment for Niagara Square) and By-law 73-73 deleting certain Con~nerclsl UsFs from Industrial Zones. Advising of the preparation of a declaratory by-law to the effect that By-law No.73-73 shall not be deemed to repeal or amend By-law No.72-138. Recommending that the by-law appearing later on the agenda be given three readings, ORDERED on the motion of Alderman Mann, seconded by Aldernmn Hunt that the .report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fete, Mann, HarriSan, Schisler, Thomson, Walker, Wallace. NAY_JE:Aldermen Puttick and Smeaton. See By-law 73-119 Report No. 255 - City Manager - Re: New Central Library and The Federal-Provincial Winter Capital Projects Fund. Suggesting that the new library meets the criteria of the Fund; recommending the Municipality seek approval of a loan in the amount of $1,400,000 and the required resolution be approved by Councll. ORDERED on the motion of Alderman Thomson, seconded by Alderman Harrigan that the report be received and adopted. ~ee Resolution No.65 'CObR4UNICATIONS No. 64 - Petition from residents of First Ave. - Comments re: parking problems on First A~enne in the vicinity of the Cavefly Hotel. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the co~nunication be received and referred to the City Manager for a report. -3 - Communications (Cont'd) No. 65 - Chamber of Conunerce - Re: Civic Awareness Committee. Requesting that a member of Council and one alternate be appointed to the Cormnittee for 1973. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that AIdermen Thomson, Wallace and Harrigan,members of the City's Civic Month Coreultras, be named as the City's representatives to the Civic Awareness Committee. No. 66 - Niagara Falls Times Tribune - Advising of the publication of a new weekly newspaper and submitting statistical information; suggesting that the Times Tribune be considered an important community medium. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the connnunication be received and filed and City officials take note of the availability of the publication when considering local advertisements, No. 67 - Regional Municipality of Niagara - Re: Public Participation Program, Niagara/Lake Erie Transportation Study. Requesting the appointment of a member of Council to a conmittee established for the purpose of arranging details for public meetings. ORDERED on the motion of Alderman Puttick~ seconded by Alderman Fera that the communication be received and filed and Aldernmn Christensen he appointed to the Niagara/Lake Erie Transportation Committee. REPORTS No. 256 - Planning and Development Committee - Re: AM-17/73 Distribution Centre, west side of Garner Road. Recommending the Official Plan and Zoning By-law be amended to permit the Distribution Centre and that Council certify, by resolution, that the by-law conforms to the Official Plan after Amendment No.66 has been approved. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that the report be received and adopted. See Resolution No. 67 No. 257 - Planning and Development Committee - Re: AM-11/73 A.Stranges & J.Gigliotti, Lot 2, R~PLI~2~Pt.Lot 81~R.P.3039, between Casa D'Oro Restaurant and Imperial Motel, north-west side of Victoria Avenue. An application for a change in the zoning by-law to permit the construction of a five-storey 24-unit motel and an attached one-storey restaurant; recon~nending approval of the application subject to a site plan agree- ;lment end that Council certify, by resolution, that the application conforms to Official Plan Amendment No.28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Fete, seconded b~ Alderman Thouson that the report be received and adopted. See Resolution No. 68 No. 258 - City Manager - Re: Commercial Development Policy. Recommending the cormnercial study be formally adopted by Council. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Hunt that the report be received and adopted. No. 259 - City Manager - Re: Neighhourhood Plan. Referring to recent residential developmentin the Bellevue Street; recommending that the Planning and Development Committee be authorized to arrange a public meeting to consider a proposal for a neighbourhood plan on property bounded by Drummond Road., the Q.E.W. extension and the Hydro Canal which may involve the exchange of City-owned land. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. No, 260 - City Manager - Re: Site Plan Approval for Drummond Terrace Apartment, 5521 Drummond Road. Advising of a request for a building permit to erect an additional 44 units to the existing ll-unit apartment building; advising farther that the proposal complies with the zoning by-law requirements and conforms to the normal requirements for site plans; recommending approval of the site plan as submitted. ORDERED on the motion Of Alderm~homson, seconded by Alderman Walker that the report be received.and adopted, -4- Reports Coot*d) No. 261 - City Manager - Re: Proposed 84" Storm Sewer crossing Q.E.W. Rolling Acres Extension Subdivision. Reviewing the cost-sharing agreement between the developer, the City and the Ministry of Transportation and Communications; sub- mitting a copy of the agreement for the construction of the 84" diameter storm sewer which provides that the M.T.C. will pay 70% of the actual construction and engineer- ing costs; requesting approval of the agreement subject to two conditions enumerated in the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report be received and adopted and the agreement approved. No. 262 - City Manager - Re: Student Summer Employment Program 4. Advising that the City'e application for a Student Summer Employment Program has been approved and will involve 25 students and four supervisors to do litter clean-up and main- tenance work along the Welland River, Lyons Creek, Grassy Brook and other water- courses during an 8-week period. Alderman Wallace suggested that full consideration be given to the student applications for employment already on file with the City. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the report of the City Managersbe received and filed and the program for student employment be endorsed. No. 263 - City Manager - Re: Encroachment of building at 4539 Erie Avenue on the City road allowance. Reconm~ending that the City Solicitor be authorized to prepare a by-law permitting the encroachment subject to (a) payment of $25.00 to cover legal costs; (b) a legal description of the premises and (c) 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 Thomson, seconded by AldernumSchisler that the report be received and adopted subject to the conditions enumerated in the report. No. 264 - City Manager - Re: Sidewslks on Stanley Avenue. Recommnnding that the request of the Welland County Roman Catholic Separate School Board for the con- struction of a sidewalk on the west side of Stanley Avenue from George Street to Morrison Street be referred for consideration in the Local Improvement Program for 1974. ORDERED on the motion of Alderman Schisler, seconded by Alderman Runt that the report be received and adopted. No. 265 - City Manager - Re: Parking Adjacent to Niagara Motel. Referring to a request for the removal of one parking meter which provides a parking space scross the frontage of the Niagsrs Motel on Ferry Street. Recommending approval of the suggestion of the Parking Comtttee that the parking space be removed and any markings be removed, ORDERED on the motion of Alderman Thomson, seconded by Alderman Runt that the report be received snd adopted. No. 266 - City Manager - Re: Timing of Deposits for Municipal Services - Subdivision Development. Suggesting changes to the City'a subdivision policy as it relates to findntis 1 payments to make better use of monies involved; suggesting that the following cash deposits be made at the time of subdivision registration: (a) Out- standing municipal charges; (b) payment for park purposes or lend transfer for parks; (c) a cash deposit equal to the Expansion & Renewal impost on the number of lots or blocks involved in the first stage of development and (d) a cash deposit to cover the design fee for the entire plan of subdivision; reconmaending approval of the suggested changes; also recommending approval of a request by Group 2 Development that Letters of Credit be returned until such time as Stage 1 of the subdivision can proceed and subject to the new policy. ORDERED on the motion of Alderman Schisler, seconded by Alderman Walker that the report be received and adopted; the suggested amendments to the Subdivision policy approved; the request of Group 2 Development be approved sod the City Solicitor be requested to prepare the necessary amendment to incorporate the suggested changes, The motion Carried. with Alderman Puttick rot,inS contrary end all others in layout. No. 267 - City Manager - Re: Tender for the Purchase of Used Municipal Equipment. Submitting a stmmmry of prices received for nineteen pieces of equipment and recommending acceptance of certain prices enumerated in the report. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted. See Resolution No.69 -5 - Reports (Contd) No. 268 - City Manager - Re: Base Road Construction - Contract R.C-15-73.Recommending acceptance of the unit prices submitted by Hard Rock Paving Co. for the construction of base roads on Corry Crescent, Rapelje Street, Leawood Court and Ussher Street. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.70 No. 269 - City Manager - Re: Annual Conference, Association of Municipal Clerks and Treasurers of Ontario, Honey Harbour, June 17-20,1973,inclusive. The report recommends that the City Clerk and the City Treasurer, or their deputies, be authorized to attend the Convention. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the report be received and adopted. No. 270- Recrestion Commission - Re: Ker Park Concession. Recommending that the concession at Ker Park be operated by one of the minor sports organizations' auxiliaries. The report advises that the Niagara Girls' Minor Softball League has agreed to operate the concession. ORDERED on the motion of Alderman Walker, ~econded by Alderman Thomson that the report be received and adopted. No. 271 - Deputy City Clerk - Advisory Report - Miscellaneous items. Recommending acceptance of an invitation to attend the Dorchester Manor Auxiliary Family Day Picnic; approval of Niagara Girls' Minor Softball League Tag Days and the proclama- tion of Senior Citizens Week. The report also provides information regarding the Welland Rose Festival and advises of a letter of appreciation for the efforts of City employee, Dominic Brunette. Also submitted was a letter of appreciation from the United Way. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted. No. 272 - Deputy City Clerk - Recommending approval of Municipal Liceaces. ORDERED on the motion of Alderman Msnn, seconded by Alderman Christensen that the report be received and adopted and liceaces granted. No. 273 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that the report be received and adopted. ,, ~ETITION Connn. No. 68 - A petition from property owners in the Lundy's Lsne-Garner Road area requesting the City to add the Garner Road crossing to the list of crossings where the sounding of any engine whistle is prohibited. ORDERED on the motion of Alderman Smeaton, seconded by Aideman Thomson that Councillor Walter Scott be granted permission to address Council. Speaking on behalf of taxpayers near the Garner Rced crossing of the Canadian National Railway, Mr. Scott said the motel operators whose signatures appear on She petition represent 375 units in the immediate area sod within sound of the crossing. An additional 400 camping and trailer sites are affected. He asked that the Garner Road crossing be included in the list of crossings where the sounding of engine whistles is prohibited. Mr. Scott asked that consideration be given to the number of visitors affected and the subsequent loss of business by tourist establishementa in the area. Re noted that the Garner Road crossing is protected by flashing lights and bells and the nearest crossing at Ka]ar Road is included in the by-law which prohibits the sounding of whistles. Alderman Thomson spoke about previous complaints regarding the recent increased speed of trains on the same line and the damage to nearby homes caused by vibration. He suggested that the sounding of whistles at Garner Road be pro- hibited and the speed of the trains be restricted. In view of technicalities involved and the interpretation of certain sections of the Railroad Act, the City Manager suggested that the matter be referred to him for a report. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann. that the m~.tt~.~e.refe~re~ to the City Manager for a report. -6 7 RESOLUTIONS No. 62 - PUTTICK - WALKER - RESOLVED that WHEREAS a proposal for the construction of 28 family housing units of rental accommodation has received the approval of the Board of Directors of Ontario Housing Corporation and was presented to Niagara Falls Municipal Council on May 28, 1973; BE IT RESOLVED that the Corpora- tion of the City of Niagara Falls agrees to the construction of 28 family units by Fennell Developments Ltd.at a total cost of $435,220.00, said units to be constructed on the north side of Bellevue Street as outlined in a presentation made by representatives of Ontario Housing Corporation; AND the Seal of the Corporation be hereto affixed. Carried No. 63 - PUTTICK - WALKER - RESOLVED that WHEREAS a proposal for the construction of 30 family units of reDtel accormnodation has received the approval of the Board of Directors of Ontario Housing Corporation and was presented to the Niagara Falls Municipal Council on May 28, 1973; BE IT RESOLVED that the Corporation of the City of Niagara Falls agrees to the construction of 30 family units by Taro Properties Inc. at a total cost of $498,463.00, said units to be constructed on the east side of Dorchester Road as outlined in a presentation made by repre- sentatives of Ontario Housing Corporation; AND the Seal of the Corporation be hereto affixed. Carried No. 64 - PUTTICK - WALKER - RESOLVED that WHEREAS s proposal for the construction of 27 family housing units of rental acconmodation has received the approval of the Board of Directors of Ontario Housing Corporation and was presented to the Niagara Falls Municipal Council on May 28, 1973; BE IT RESOLVED that the Corpora- tion of the City of Niagara Falls agree to the construction of 27 family units by Taro Properties Inc. at a total cost of $432,485.00, said units to be constructed on the east side of Drummond Road as outlined in a presentation made by representatives of Ontario Housing Corporation; AND the Seal of the Corpora- tion be hereto affixed. Carried No. 65 - SCHISLER - WALKER - RESOLVED that WHEREAS the Council of the Corporation of the City of Niagara Falls deems it expedient to apply for a loan under the Winter Capital Projects Fund as described in the Memorandum of The Treasurer of Ontario dated March 1, 1973, in respect of the following project, namely "NIAGARA FALLS PUBLIC LIBRARY" heroinafter referred to as "the project"; AND WHEREAS the project is, in the opinion of the Council, s municipal project within tile meaning of the above-mentioned Memorandum; AND WHEREAS the project would be s previously planned project or a pro'ject already ~ . substa tl under way on which construction will be accelerated to create n al addi- tional employment through to May 31, 1975; ANDWHEREAS the other requirements of the above-mentioned Memorandumhave been complied with; NOW THEREFORE BE IT RESOLVED that application be made to the Treasurer of Ontario for a loan in the amount of $1,400,000.00 to assist in the financing of the project under the Winter Capital Projects Fund; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 66 - CHRISTENSEN - MANN - RESOLVED that the Weed Inspector of the City of Niagara Falls be directed to cause the noxious weeds or weed seeds on any subdivided portion of the municipality, and lots not exceeding ten acres whether or not the lots are part of the subdivision, to be destroyed in the manner pre- scribed in the regulations made to The Weed Control Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 67 - MANN - HARElOAN - RESOLVED that the CeuUetlf:~f,,the Corporation of the City Of Niagara Falls hereby certify that the application of the City of Niagara Falls for the fezcuing of property situated on the west side of Garner Road, will conform to the Official Plan after Amendment No. 66 has been approved by the Minister of Treasury, Economics and Governmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously Resolutions (Cont'd) No. 68 - FERA - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of A. Stranges and J.Gigliotti for the rezoning of Lot 2,R.P.172 and Pt. Lot 81, R.P.3039, situated on the north- west side of Victoria Avenue conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 69 - CHRISTENSEN - WALKER - RESOLVED that tenders for the purchase of used municipal equipment be accepted as follows: 1. 1966 Ford Bronco, A. Barkarc - $626.00 2. 1968 International Scout, A. Berketo - $626.00 3. 1968 International Scout, A~ Barkarc - $626.00 4. 1964 Chevy II, Coach, G. McLeod - $25.00 5. 1964 Chevy II, Coach, J.Reilly - $101.50 6. 1966 Fort ~ ton pick-up, B.Sinclair - $130.00 7. 1962 Dodge Stake Truck (equipment retained for future sale) 8. 1964 Ford Dump Truck, G. McLeod - $101.00 9. 1964 Ford Dump Truck, E.Hunt - $101.00 1O. 11. and 12. 1965 Ford Truck Chassis, 1965 Ford Dump Truck and 1965 GMC Packer (retained for future sale) 13.1964 Ford Utility - G.Olesevich - $201.00 14.1960 Trojan Loader - A. Serketo - $3,610.00 15.1959 Gallon Road Grader, A. Barkarc - $1,505.00 16.1955 A.C.Road Grader, A.Berketo - $652.00 17.1948 Oliver trawler Tractor, J.McClosky $510.00 18.300 Gel.Weed Sprayer, A.Berketo - $166.00 19.8msll Cement Mixer, K.Lundy - $101.00 AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 70 - MANN - HUNT - RESOLVED that the unit prices submitted by Hard Rock Paving Co. for the construction of base roads on Curry Crescent, Rapelie Street, Leawood Court and Usaher Street, Contract R.C.15-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 71 - MANN - CHRISTENSEN - RESOLVED that pursuant to The Public Transportation and Highway Improvement Act, the Council of the City of Niagara Falls hereby requests a supplementary allocation of subsidy moneys for work on roads and bridges under its jurisdiction as follows: $688,500.00 for Construction. The said moneys shall be expanded on work performed in accordance with The Public Transporta- tion and Highway Improvement Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimousll B.y-LAWS No. 73-113 - A By-law to authorize the retainer of Donald R.Steele as Counsel. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimouslx ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading. The motion Carried with Aldermen Puttick and Smeaton voting contrary and all others t~_rt f&_v~u~.,7,-'--,,.'. No. 73-114 - A By-law to authorize the execution of a site plan agreement with Auguatino Stranges and others,(north-west side of Victoria Avenue) ORDERED on the motion of Alderman Hunt, seconded by Aldernmn Fern that Aldermen Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimousl~ ORDERED on the motion of Alderman Christensen, seconded by Alderman Mann that the By-law be now given second and third readings. Carried Unanimously -8- By-laws (Cont'd) No. 73-115 - A By-law to amend By-law No. 5335,1955, as amended (Stranges & Others) ORDERED on the motion of Alderman Hunt, seconded by Alderman Fers thst Alderman Christensen be granted leave to introduce the By-law snd the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading.Carried Unanimously No. 73-116 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls planning Ares (Distribution Centre - Garner Road) ORDERED on themotion of Alderman Hunt, seconded by Alderman Walker that AldermanChristensen be granted leave to introduce the By-lsw and the By-law be given a first reading. Csrried Unanimously ORDERED on the motion of AldermanChristensen, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-117 - A By-law to amend By-law No. 2350, 1959 o£ the former Township of Stamford, now in the City of Niagara Falls, as amended (Distribution Centre) ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton theAlderman Wallace be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that the By-law be now given a seuond and third reading. ~Carried Unanimously No. 73-118 - A By-law to authorize a subdivision agreement with Cornwill Investments Limited. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Wallace be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen thst the By-law be now given s second and third reading. Carried Unanimously No. 73-119 - A By-law respecting By-laws Nos.72-138 and 73-73. ORDERED on the motion of Alderman 8chisler, seconded by Alderman Ghristensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and.third reading. The motion Carried with the following ~ote: AYE: Aldermad Chri~ensen~ Hunt, Fe~a, Mann, Parrig~n, Schisler~ Walker,ThomSon, W'~lace. NAY.__~E: Aldermen Puttick and Smeaton. - 9- By-laws (Cont'd) No. 73-120 - A By-law to authorize the execution of an agreement with Abell-Waco Limited for the control of rodents. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that Alderman Fera be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-121 - A By-law to authorize the execution of an agreement with Hard Rock Paving Company Limited for the construction of roads. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that Alderman Harrigsn be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Harrigsn, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried UnanimouslZ No. 73-122 - A By-law to amend By-law No.3790, being a By-law for the regulation of traffic (Britannia Crescent) ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now.given a second and third reading. Carried Unanimousl~ No~73-123 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderma~Christensen that the By-laW be now given a second and third reading. Carried Unanimousl~ NEW BUSINESS BLOSSOM FESTIVAL PARADE., Alderman Thomson drew Council's attention to the parking problems created during the Blossom Festival Parade. Access to private'and public parking lots was denied and Queen Street business adversely affected by the barricading of adjacent streets. He suggested that the connents and suggestions of the Parking Committee and the Downtown Business Association should be considered prior to ftnslization of the parade arrangements. ORDERED on the motion of AldermenThomson, seconded by Alderman Smeaton that all future requests for the holding of parades which require the barricading of business areas be referred to the Parking C~,maittee in order ~hat the effect on local business can be considered by the Committee and various business associations. - 10- MOUIAND AND BROOKFIELD STREETS In reply to questions by Alderman Smeaton, the City Engineer confirmed that Mouland Ave. and Brookfield St, are included in the 1973 asphalt overlay program· ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, TWENTY-SEVENTH MEETING Committee Rooms 2 & 3 June 4, 1973. SPECIAL MEETING Following a Council Committee meeting on Monday, June 4, 1973, Council re-convened in formal Council session on the motion of Alderman Schisler, seconded by Alderman Hunt. All Members of Council were present with the exception of His Worship Mayor George Bukator. Alderman Thomson, as Acting Mayor, presided as Chairman. Mayor COMMITTEE OF THE WHOLE Con~nittee Room~l, May 28, 1973. Council met in Conuittee of the Whole following the regular meeting on May 28th, 1973. All Members of Uouncil were present with the exception of His Worship Mayor George Bukator. Acting Mayor R.Keighan presided as Chairman. Following consideration of the items presented~ the Co~nnittee of the Whole arose, without reporting. RE~AND ADOPTED, COUNCILMEETING Council Chambers, May 28, 1973. Council reconvened in open session following the Colmnittee of the Whole meeting held May 28, 1973. All Members of Council were present with the exception of His Worship Mayor George Bukator. Acting Mayor R. Keighan presided as Chairman. It was ordered on the motion.of Alderman Mann, seconded by Aldeman Hunt that the meeting adjourn. READ AND ADOPTED, ~EPORTS No. 274 - City Manager - Re: 1973 Operating Budgets. A review of the budgets submitted at two recent meetings of Council; advising that revisions made at the meetings have been reflected in the final budget document; recommending the report be received and filed and the 1973 Budget Estimates, Mill Rates and the required Levying and Collection Authority be ra~ified by by-laws appearing on the agenda. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the report of the City Manager be received and adopted and the 1973 Operating Budget be approved. See By-laws Nos 73-124,73-125 73-126 B~Y-LAWS No. 73-124 - A By-law to provide for the appropriations for the year 1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Schisler be granted leave to introdece the By-law~ and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the By-law be now given a second and third reading· Carried Unanimously N~o.73-125 - A By-law to fix the rates of taxation for 1973 and to provide for the levying of taxes. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Keighan be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Keighan, seconded by Alderman Christensen that the By-law be now given second and third readings. Carried Unanimously No. 73-126 - A By-law to provide for the collection of taxes for the year 1973. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fern that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law he now given a second end third reading. Carried Unanimously RESOLUTIONS No. 72 - HUNT - CHRISTENSEN - RESOLVED THAT a letter of condolence be forwarded to the family of the late Mrs. George R, Inglis, wife of former Mayor George R, Inglis and respected resident of the Municipality; AND the 'Seal of the Corpora- tion be hereto affixed. Carried Unanimously - 2- Resolutions (Cont'd) No. 73 - WALKER - CHRISTENSEN - RESOLVED that a letter of condolence be forwarded to the family of the late Constable Henry Tavender, a member of the Niagara RegiOnal Police Force and respected resident of the MunicipalitY; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NOTE: Alderman Harrigan retired from the Committee Rooms. NEW BUSINESS KER PARK FACILITIES Alderman Smeaton desc~ibed the deplorable condition of the washrooms at Ker Park and requested a report be submitted at the next meeting of Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman puttick that City Staff be requested to prepare a report to provide an explanation of the existing conditions at Ker Park; an estimate of the cost of immediately cleaning and painting the premises; information as to whether present staff can adequately handle the upkeep of the facilities and what additional staff, if any, is required to make sure to premises are kept in presentable condition. OAKES PARK Alderman puttick suggested that consideration be given to the erection of an identification sign at Oakes park; replacement of the press box; gate control and facilities so admission can be charged for certain events and the raising of the ,'homerun" fence to facilitate the cutting of grass. LITTERED pROPERTY - JEPSON STREET Members of staff will investigate property on Jepson Street, east of Victoria Avenue where cars are being repaired at all hours; junk has accumulated and the occupants have failed to clean up the premises as promised. The matter was brought to the attention of Council by Alderman puttick. WEEDS ALONG PENN CENTRAL RIGHT-OF-WAY Alderman Puttick requested City Staff to contact representatives of Penn Central and ask that the right-of-way, particularly those running .through the City, be cleared of weeds. 5565 DESSON AVENUE Alderman Fera raised questions regarding the condition of property at 5565 Desson Avenue. About two years ago the roadway was reconstructed and the contractor had apparently overlooked providing a proper grade from the privste property to the road allowance. The City Engineer will investigate the complaint. '- pARKING PROHIBITION - WILLOUGHBY DRIVE Alderman Christensen e~quired as to when 'No Parking~ signs would be erected on Willoughby Drive in the former Village of Chippaws. The City Engineer replied that the parking prohibition had been approved by Council ~nd the approval of the Regional Municipality is also required. SKATE SHARPENERS Alderman Christensen referred to earlier discussions regarding the possibility of providing skate shsrpeners at the Niagara Falls Memorial Arena. and enquired as to the status of the suggestion. A copy of the most recent report on the matter will be provided. .~BAFFiCFROBLEMS - VICINITY OF MARINELAND Acting Mayor Thomson spoke sbout the sdvissbility of providing channelization of traffic in the area of M~rineland on Portage Road. At the present time cars making s right hand turn at Marineland are causing a back-uP of traffic. on Portage Road, The Alderman suggested thst perhaps s right hand Traffic at Marineland (Cont'd) turning lane could be created so as not to impede through traffic to Chippawa and a passing lane to improve traffic movement. It is understood the Region is considering the traffic problems on Portage Road in the vicinity of Marineland and informat ion regarding the latest proposals will be made available to Alderman Thomson. CORFIELD AVENUE At the request of Alderman Puttick, an investigation will be made of the mud being deposited on Corfield Avenue. DOWNTOWN MALL During the Council Committee Session the Planning Administrator and Mr.B.Ballet,Chairman of the Downtown Mall Committee, had outlined a scheme for the mall proposed for Queen St. between Buckley Ave. and Erie Ave. from July 9th to August 28,1973. The design will permit a "flow-through" stream of traffic with bus bays. Parking on Queen St. for the most part will be removed and the sidewalk area extended nine feet by the use of temporary curbing to provide a wider walkway area and space for benches, gardens, fountains, sidewalk cafes and retail and industrial displays. The roadway will then be 20 feet in width and will permit regular movement of traffic both ways. Mr.Ballet asked that some of the work be undertaken by City Staff and the City purchase temporary curbing which can be removed and used for other purposes. Mr. Ballet outlined preliminary plans for the erection of archways at Queen St. and River Road and at Queen St. and Valley Way and enquired if financing could be arranged through the area of benefit or the Downtown improve- ment Ares. Council ratified the decision of the Council Committee on the motion of Alderman Mann, seconded by Alderman Walker that the concept of a downtown mall be adopted, in principle, subject to the approval of the Regional Munici- pality and that any expenditure by the City not exceed $8,600; further, that the proposal to erect archways at the Valley Way and River Road accesses to Queen Street be referred to the City Manager and the City Treasurer for a report. The motion Carried Unanimously. ADDITIONAL SENIOR CITIZEN HOUSING UNITS The need for additional senior citizen units in the City was outlined during the Council Committee Session by Mr.L.Detlor,Chairman and Mr.O.Lambert, Manager of the Niagara Falls Housing Authority. Information was provided to Council regarding the number of applications on file, the waiting period, the point system of selecting tenants according to need, the procedure followed in applying to the Ontario Housing Corporationriot housing units and the action required from Council. A study indicates that, generally, it is 2% years from the time of the initial application for new units before they are ready for occupancy and, based on the present average of nine applications per month, the City will not be able to meet the requirements in 1975 despite the Huron Street and Portage Road projects under construction. The Board of Directors of the Niagara Falls Housing Authority has asked that Council pass a resolution to have the Ontario Housing Corporation construct a minimum of 300 additional senior citizen units in the City. The decision of the Council Committee was ratified by a motion of Alderman Keighan, seconded by Alderman Walker that Council approve, in principle, the request of the Meyor~s Committee on Housing and the Niagara Falls Housing Authority that an application be made to the Ontario Housing Corporation for the construction of 300 additional senior citizen housing units. The motion Carried unanimously. The meeting adjourned on the motion of Alderman Mann. READ AND ADOPTED, /CitjyC~le~ Alderman Fera, seconded by Acting Mayor. TWENTY-EIGHTH MEETING Council Chambers, June 11, 1973. REGULAR MEETING Council met on Monday, June 11, 1973, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Christensen. His Worship Mayor George Bukator presided as Chairman. Alderman Hunt offered the Opening Prayer. ADOPTION OF MINUTES The minutes of the May 28th and June 4th meetings were adopted as printed on the motion of Alderman Mann, seconded by Alderman Hunt. DEPUTATIONS WESTLANE VILLAGE - V.L.A. SUBDIVISION Mr. E. J. Simpson, Vice President, Marketing, Greater Northern Capital Corporation Ltd. was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Hunt. Also in attendance were E. Henuuing, Engineering Manager; W. B. Grieve, Project Manager and D. Shiels, P. Eng., Canadian Standards Association. Mr. Simpson advised that Great Northern Capital Corp. had purchased 261 lots in Westlane Village from Klydel Holdings and plan to construct modular houses that are engineered and produced in a Woodstock, Ontario, plant. Because of problems related to municipal services, the application for 48 building permits was changed to 28 until services for the area are more advanced. Mr. Simpson con~nented on the many advantages, in terms of quality control, of the pre-fabricated homes which meet all requirements of the C.M.H.C., the Canadian Standards Association, Ontario Hydro, the O.W.R.C. and the National Building Codes of 1965 and 1970. The homes range in price from $30,000° to $40,000. or higher and include side split, two-storey, and bungalow type units. It had been suggested that members of staff visit the Woodstock plant to inspect the manufacturing procedure before making a recommendation to Council and Mr. Simpson indicated that such a tour could be arranged at any time. He said it was important that construction be started so model homes could be shown to prospective buyers during the summer. The City Engineer explained that the subdividers' agreement stipulates that all underground services must be in before building permits can be issued. The developers originally requested building permits for Kalar Road, Rideau Street, Catalina Street and a section of Pitton Road but neither underground services nor the pumping station have been completed. On Kalar Road and Catalina Street, the services are basically in but there are no outlets for sanitary sewers. It is the opinion of staff that circumstances warrant the issuing of building permits if all other requirements can be met. A special agreement would be required indicating that prospective purchasers would not be granted occupancy permits until such time as all services are installed. The City Engineer indicated that because Of the flexibility of the agreement, no amendment is necessary and a proviso in the agreement would permit the issuance of permits at the discretion of the City Engineer. It is the intention of staff to ascertain that the modular homes are desirable and acceptable in the City and to submit a full report to the Council Conlnittee in order that members of Council would be 'aware of all developments in the subdivision. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wallace that the Building Inspector, the Projects Engineer and other interested officials and members of Council be authorized to inspect the modular units constructed by Great Northern Capital Corporation Ltd. at sites in Oreno or Kincardine, Ontario; and further, that a report be submitted to the Council Cmmittee Meeting of June 18, 1973. - 2- UNFINISHED BUSINESS pROPOSED DOWNTOWNMALL Communication ~63 - DowntownMall Committee - Re: Proposed Mall for a portion of Queen Street., July 9th to Aug. 28th, 1973. Requesting Council's support of a request to-close parts of Queen Street and portions of St. Clair Avenue and Cryslot Avenue as indicated on a sketch attached to the communication; requesting that Council pass an appropriate by-law. Report #275 - City Manager - Re: proposed Do~ntownMall- Advising that it is most likely the Region will require an agreement with the Municipality to indemnify the Region from any claims arising from the use of Queen Street as a mall and submitting a copy of an agreement between the Region and the City of St. Catharines; recommending approval of the by-law appearing later on the agenda establishing parts of St. Clair Avenue and Crysler Avenue as a pedestrian mall. In reply to questions by Alderman Puttick, the City Solicitor stated that, in his opinion, the insurance held by the Downtown Business Association would probably cover public liability and property damage but his concern was that there is no special type of legislation to provide the the Corporation is not liable for damage or compensation as a result of claims for injurious effect or loss.of business. Re did not believe the Queen .Street merchants' insurance covered this aspect. It is understood the Region will require an agreement with the City similar to an agreement between the Region and the City of St. Catharines and the Solicitor wanted members of Council to be aware of the type of agreement required. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted .and the by-law establishing.part of St. Clair Avenue and Cryslot Avenue as a pedestrian mall be approved; further, that the question of possible liability of the City as a result of a downtown mall be referred to City staff for the preparation of a report to be submitted prior to the development of the mall. Report #276 - City Manager - Re: preliminary plans for the erection of archways at entrances to the Queen Street shopping district. Advising that according to Section 361 (ll) and (12) of The Municipal Act, the DowntownMall Cc~mnittee could not finance the construction of the proposed arches over a period of years through the Downtown Business Improvement Area; suggesting that the DowntownMall Cona~ittee in conjunction with the .Downtown Businessmen's Asset. agree upon a definite proposal and then seek the advice of City officials regarding possible means of financing. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the report of the City Manager be received and the suggestions made therein be forwarded to the DowntownMall Committee for infomnation purposes. See By-law No. 73-12! GARNER ROAD CROSSING OF THE C.N.R, Com~. #68 - A petition from property owners in the Lundy's Lane-Garner Road area requesting the City to add the Garner Road crossing to the list of crossings where the sounding of any engine whistle is prohibited. Report #277 - City Manager - Advising that Section 248 of the Railway Act provides that where a by-law of an urban municipality prohibits the sounding of the ~histle or ringing of the bell of an engine in respect of any crossing or crossings, the by-law, if approved by the Canadian Transport Co~nission, relieves the railway company and its employees from sounding the whistle or ringing the bell at the crossing; recommending approval of the petitioner's request. Application for an order of the Canadian Transport Co~ission will he made following approval of the by-law by the City Council ORDERED on the motion of Alderman Schislers seconded hy Alderman Harrigan that the report be received and adopted. gee By-law No. 73-128 WATERMAIN CONSTRUCTION - RIGHLAND AVENUE Report #278 - City Manager - Submitting a history of the construction of an ~ diameter watermain on Highland Avenue which was completed on January 5, 1973; co~nentin8 on the difficulties encountered and reasons for the delay in the final restoration of trenches, Sidewalks, boulevards or lawns; advising that hot mix pavin~ of Highland Avenue is included in a recently awarded contract and paying should take piece within the next few weeks. ORDEI~D on the motion of A18erman Puttick, seconded by Alderman Hunt that the re~ort be received and filed and copies made available to the petitioners. -3- UNFINISHED BUSINESS (Cent'd) OPERATION OF M~YP~.7.F~ ~F.~,T~.A~V ~R.~p.~e~,.~Mt STREET Connnunication #56 - Mr. & Mrs. R. Chouinard - A complaint about the operation of minibikes and motorcycles in the area between Sophia and Thisbert Street in the former Village of Chippawn and a~petition of ten residents of the area requesting the removal of minibikes and motorcylcles from the area between the Chippawn Pollution Control Plant end Thiebert Street. Report #279 - City Manager - Advising that an inspection of the areaindicates that teenagers are causing a noise problem and creating a disturbance for the residents; requesting that City Council approve of the posting of no vehicle signs on the City property and request Ontario Hydro to erect similar signs on their property. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that the report be received and adopted, the posting of no vehicle signs approved and that Ontario Hydro be reqqeeted to erect similar signs. BUS SERVICE TO THE FOR~R VILLAGE OF CRIPPAWA Report #280 - City Manager - Sunmarizing previous requests, reports, petitions and surveys in respect to the feasibility of extending bus service to the former Village of Chippawn; providing information regarding the deficit incurred by the Transit Commission and annual charges anticipated for Service Area No. 2g advising that if Council is in favour of providing bus service to the Chippawn area, the by-law establishing Urban Service Area No. 2 should be amended to provide that the ratepayers of Chippawn share in the overall operating deficit of the Transit Commission; advising further that if the amending by-law is passed by Council and approved by the Ontario Municipal Board during the current year, no charge will be levied against Chippawn ratepayers until 1974. The report teeohm]ends that bus service be continued to the former Village of Chippawn and a by-law be prepared amending Urban Service Area No. 2 to include a proportionate share of the annual operating deficit of the Transit Conunission. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report of the City Manager be received and adopted. REZONING APPLICATION OF E, MOCNIAKAND BY-lAW NO.73-65 Report 195 - City Manager - Re: AM-29/72,E.Mocniak,Lots 128 & 129,R.P.235, west side of Drununond Road; request for change in zoning from Single Family Residential to a category which would allow development of the land to acconnnodate a three-storey~ nine-unit apartment building. Report #281 - City Clerk - Advising that as a result of the notification pro- cedure seven letters of objection to By-law No.73-65 regarding the required zoning amendments, were received; requesting the direction of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman that the report be received and filed and notwithstanding the objections received, City Council reaffirm an earlier decision to approve the application of E.Mocniak and the application, together with the objections, be forwarded to the Ontario Municipal Board for consideration. MAINTENANCE AT KER PARK Report #282 - C~ty Manager - Re: Ker Park. An advisory report respecting the maintenance of Ker Park. ' ORDERED on the motion of Alderman Thenmen, seconded by AldermamSchisler that the report be received and filed. COMMUNICATIONS No. 68 - Jack and Jill Motel - Advising of the removal of a motel sign with an arrow pointing towards the motel end located on private property at the corner of Main~ Stanley and Murray Streets; advising of a decrease in business since removal of the sign. Mr. Edward Martin, owner of the Jack & Jill Motel was granted permission to address Council on the motion of Alderman Keighan, seconded by Alderman Walker. -4- Communication #68 (coni'd) Mr. Martin was critical of the fant that the sign had been at the same site for eight years and had not been noticed until recently. He spoke about the decrease in business since removal of the sign and the ~effect on the motel operation if the sign was not replaced. Mr. Martin enqeired if it would be possible for the City to erect a smell sign to indicate there was a motel on Murray Street. Questions were raised as to whether a by-law is retroactive and if the sign had been erected prior to the passing of the by- law. It was pointed out that the by-law was passed in the year 1955 and the erection of a sign by the City would not come within the policy recently approved by Council. ORDERED on the motion of Alderman Keighan, seconded by Alderman Thomson that the coaanunication be received and referred to City staff for consideration. No. 69 - Mrs.Janice Haworth - Comments re: Dogs running at large and enforce- ment of the Dog By-law. ORDERED on the motion of Alderman Mann, seconded by Alderman Schtsler that the communication be received and the conmania contained therein be brought to the attention of the Humane Society. No. 70 - Greater Niagara Senior Citizens' Association - An invitation to attend a Worship Servioe on Sunday, June 17th at 2:30 p.m. at St.Andrew~s United Church. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the invitation be acknowledged and as many members of Council as possible attend the special Church service during Senior Citizens' Week. No. 71 - Niagara German-Canadian Club - Re: Beer Festival, July 21,1973, 12 Noon to Midnight at 6854 Garner Road; requesting permission to erect a beer tent on the grounds. ORDERED on the motion of Aldernmn Hunt, seconded by Alderu~sn Fern that the communication be received and the request approved subject to the approval of the Fire Department, the Police Department and the Liquor Control Hoard of Ontario. No. 72 - MeBurney,Durdan & Henderson - Re: Dime Delivery Limited re Ontario Transport Board Hearing. Expressing appreciation for the use of the Council Chambers for the hearing. ORDERED on the motion of Alderman Hunt, seconded hy Aldernun~Schisler'that the communication be received and filed. No. 73 - Regional Municipality of Niagara - Re: 1973 Tax Levy. Providing a copy of a By-law to levy against the area municipalities the s~ms of money required during the year 1973 for the purposes of the Regional Corporation. ORDERED on the motion of Alderman Hunt, seconded by AldermanSchisler that the ccennunication be received and filed. REPORTS No. 283 - City Clerk - Report of the Council Committee. 1. TOURIST ATTRACTION SIGNS - Recommendation: That representatives of the Royal Tower and Marine Aquarium be made aware of the C~tyss by-law governing signs and of the necessity for City staff to remove the signs erected by this establish' ment; further, that those responsible be asked to provide a reason why the signs were erected without first obtainiBg the necessary approvals. 2. REMOVAL OF TREES ON PRIVATE PROPERTY - Reconmaendation: That the Gity's current policy regarding the removal of Zrees on private propertx bY the property owner be ratified. 3. SECONDARY PlAN FOR THE NORTH-WEST DISTRICT - Recon~nendation: That the recousnendetion8 of the Planning and Development Ccsmtttee be adopted and Council accept the report of the Conmittee as a discussion plan for the lollowing purposes: (a) as a guideline for interim development; (b) as a document to obtain comments from other levels of government; and (c) ss a document to be presented at public meetings; and, further, that the Planning and Development Conmittee be authorized to arrange the necessary phblic meetings. - 5 - Report No. 283 (Contd) 4. TAX CANCELLATIONS ANn r~.l.~.F~q~ ~,~/,,,,~**,~:,~.m,. '~ir--I~ :~-I meeting for ~*~.,,~..~-I~.],--.i,--~..;~?~.]~ be held on Wednesday June 27,1973 at 7:30 p.m. ' ORDE~D on the motion of Alde~n Thomon, seconded by Alde~n Sineaton that the report be received and adopted. No. 284 - City Manager - Re: Proposed Plan of Subdivision, Klydel Holdings, Pt. Twp.Lot 156, east side Katar Road. Recommending preliminary approval of the proposed plan subject to ten conditions enumerated in the report; further~ that Council, by resolution, certify that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Puttick, seconded by Alderm~n Hunt that the report be received and adopted. See Resolution No. 74 No. 285 - City Manager - Re: Proposed Plan of Subdivision, Namgood Construction (Niagara) Ltd., Pt. Twp.Lot 36, north s ida Riall Street. Recommending preliminary approval of the plan subject to the five conditions enumerated in the report. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 286 - City Manager - Re: Proposed Plan of Subdivision, Pt. Twp.Lot 79 (Monroe), southwest intersection of Dorchester Road and Thorold Stone Road. Advising that the developer has requested the deletion from the plan of subdivision, Blocks '~,, and "B" lying north of the H.E,P.C, right-of-way. If the developer conveys Block "B" to the Minister of Transportation and Connunications for highway widening purposes , he will be required to relinquish all rights to question the valuation placed on the property by the M.T.C. Block '~', is designated for future resi- dential purposes. The report recommends that the developer be permitted to delete the lands north of the H. E.P.C. right-of-way from the proposed plan subject to the granting of all easements required by the City for walkway and service facilities across the lands owned by the developer both inside and outside the proposed subdivision. In reply to 'questions by Alderman Wallace, the City Engineer confirmed that deletion of the lands would not adversely affect the subdivision as the property to be actually developed was south of the right-of-way nor would the services for the subdivision be affected. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the report of the City Manager be received and adopted. The motion Carried with the following vote: - AYE: Aldermen Hunt, Keighan, Harrigan, Bmeaton,Schisler,Walker,Thomson,Wallace N'~YE:Aldermen Puttick, Fern and Mann. No. 287 - City Manager - Request for exemption from part lot control of Lots 6, 7 and 8 of Registered Plan 240 on the east side of Warden Avenue. Advising that in order to obtain separate mortgages on each of the semi-detached units and to sell each of the units individually, the owners must either obtain the approval of the Co~mlittee of Adjustment or have the lands exempted; recommending .approval of the by-law appearing later on the agenda and that any costs arising from the registration of the by-law following its approval by the Ministry be assumed by the applicant, T.Gordon WyllieReal Estate. ORDERED on the motion of Aideman Mann, seconded by Alderman gchisler that the report be received and adopted. See By-law No.73-129 No. 288 - City Manager - Re: Niagara District Airport Commission, A review of the City's financial contribution to the Airport Commission and attempts to have this responsibility assumed by the Regional Municipality of Niagara. It is expected that prior to the expiration of the current agreement a full review of the status of the Airport will be required with particular reference to the manner in which financial assistance is to be granted; recommending that inasmuch as the existing agreement has less than two years to run, no further action be t~ken at this time. ORDERED on the motion of Alderman 8meaton, seconded by Alderman Mann that the report be received and adopted. ,NOTE: Aideman ~srri~an retired from the Council Chambers. -6- Reports (Cent"d) No. 289 - City Manager - Re: Registered Property 72-5, Michael and Lillian Romanuk, 6397 Ker Street. Advising that the last day of redemption of the property was April 19, 1973; advising that the former assessed owners have deposited with the City, the funds required to satisfy all tax arrears, interest, penalties and costs to date, totalling $1,253.69; recommending, subject to the approval of the Ministry of Treasury, Econ(~nics and Inter- governmental Affairs, that the property be conveyed by the City to the former owners. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the report be received and adopted. See By-law No.73-130 No. 290 - City Manager - Re: Agreement with Mr. Hardy Gerber for the use of the Sophia Street street end for the purpose of maintaining and using an existing boathouse; recu~,ending approval of a request to have the ricenee transferred to Mr. Gerber'a son, William K. Gerber. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. NOTE: Alderman RatriSen returned to the Council Chambers. No. 291 - City Manager - Re: Proposed road widening at the north-east corner of Mentress Road and Lundy'a Lane. Advising of a request by Regional Niagara to purchase property at the intersection to. permit the widening of Mentress Road and improvements to the intersection ae the rate of $1.00 per sq,ft.; recommending that the transfer of land be approved. Alderman Puttick questioned the necessity of removing a large tree located at the south limit of Lundy's Lane Cemetery, adjacent to the existing roadway. The City Engineer replied that trees north of Lundy's Lane along the cemetery line will be preserved but, unfortunately, the widening of Montroae Road requires the removal of the large tree referred to by Alderman Puttick because of existing hydro lines, stormsewers and wa termsin. In addition buildings on the west side of Mentress Road are adjacent to the existing roadway. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that the report of she City Manager be received and adopted. The motion Carried with the following vote: AYE: Aldermen Runt, Fare, Mann, Keighan, Smeaton, Schiller,Thomson,Walker. .NAmE:Aldermen HatriSen, Patrick and Wallace, No. 292 - City Mannget - Re: City Mall Parking Lot. Advising that the Municipal ParkiriS has 'recommended that parking gates be installed on the public area of the City Hall parking lot and he operated from 6:00 a.~. to 2:00 a.m. daily, including Sundays and holidays; that a flat rate charge of 25¢ be imposed upon exit from the lot and parking be prohibited between 2:00 a .m. and 6:00 a.m. and that the existing laneway from Huron Street be closed and re- established from Ontario Avenue. The report advises that it will be necessary to pass'by-laws to regulate the parking and to alter the laneways as well as call for quotations for the supply end installation of parking gates; recommending that the City Manager be authorized to take the necessary steps to carry out the Parking Cowmittee reco~uendations. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 293 - City Manager - Re: City Float. ReqUesting City Float in various parades. ORDERED on the motion of Alderman Thomson, seconded report be received and adopted. authority to enter the by Alderman Fera that the No. 294 - Cit~ Manager - Re: Maintenance City Mall. Recommending acceptance of 'the quotation of Johnson Controls in the amount of $1,575.00 for the re-balancing of the air handling system in City Mall. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and.adopted° See Resolution No.75 - 7- Reports (Cone 'd) No. 295 - City Manager . Re: Tender for Concrete Sidewalk Construction,Contract No.S.C.16-73. Recommending that the unit prices submitted by Steed & Evans Led be accepted. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Walker that the report be received and adopted. See Resolution No.76 See By-law No.73-133 No. 296 - City Manager - Re: Local Improvement Sewers - Contract S,S.22-73. Recon~nending acceptance of the unit prices received from L & N Construction Ltd. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the report be received and adopted. See Resolution No.77 See By-law No.73~137 No. 297 - City Manager - Re: Underground Services for Industrial Park - Contract G.C.21-73. Recenthanding that the unit prices received from Standard Construction be accepted. ORDERED on the motion of AldermanHunt, seconded by Alderman Schisler that the report be received and adopted. See Resolution No. 78 No. 298 - City Manager - Re: Contract for Watermain Installations _ No.W.I.20-73. · Recommending acceptance of the unit prices submitted by V.Kerrio-Germano. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the rep. Qrt be received and adopted. See Resolution No. 79 See By-law No.73-135 No. 299 - City Manager - Re:-Demolition ContraCt - No.D.T.-19-73. Recommending that the price received from G.Washington in the amount of $6,800.00 be accepted. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. -See Resolution No. 80 See By-law No.73-134 No. 300 - City Manager - Re: Tender for Underground Service8 and Pumping Station for Rolling Acres Extension Subdivision - Contract #.G.C.17-73. Recommending that the unit prices submitted by H.J.Voth and Sons Ltd. for the installation of underground municipal services for the Rolling Acres Extension Subdivision (Taro) and for the installation of the outlet across the Q.E.W. be accepted. ORDERED on the motion of Alderman Hunt, seconded by Alderm~nSchisler that the report be received and adopted. gee Resolution No. S1 See By-law No.73-136 No. 301 - City Manager - Re: Pump Quotations - Rolling Acres Extension Subdivision. RecoEmending that the contract for the supply of a Prefabricated dry well including the standby generator and control building be awarded to Napier Reid for the quoted price. of $28,675.00. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Runt that the report be received and adopted. See Resolution No. 82 Me. 302 - H.A.Lamb,ProJects Engineer - Report of the Ontario Traffic Conference ConVention. ORDERED on the motion of Alderman Thomson,.seconded by Alderman Huut that the report be received and filed and the Projects Engineer be congratulated on his election to the office of President of the Ontario Traffic Conference. No, 303 - City. Manager . Building Permits issued for the month of May, 1973. ORDERED on the motion of Aldermen Hunt, seconded by Alderman Fera that the report be received end filed, No. 304 - City Clerk - Recommending approval of Municipal Licehess. ORDERED on the motion of Alderman Hunt, seconded by Alderman Puttick that the report be received and adopted and licences granted. No. 305 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Runt, seconded by Alderman Walker that the report be received and adopted. I'' -8- RESOLUTIONS No. 74 - PUTTICK - HUNT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby conrim that the application of Klydel Holdings for the development of a plan of subdivision on property located on the east side of Kalar Road conforms to Official plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 75 - MANN - HUNT - RESOLVED that the quotation of Johnson Controls in the amount of $1,575.00 for the re-balancing of the air handling system inCity Hall be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No, 76 - SMEATON - WALKER - RESOLVED that the unit prices submitted by Steed and Evans Ltd. for the construction of certain local improvement sidewalk construction as well as other sidewalks throughout the Municipality,.COntract No.S.C.16-73, he accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 77 - HUNT - FERA - RESOLVED that the unit prices received from L. & N. Construction Limited for the installation of various sewermains, Contract .S.S.22-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 78 - FJJNT - SCHISLER - RESOLVED that the unit prices received from Standard Construction Limited for the installation of various underground municipal services in the Industrial Park, Contract G.C.21-73, be accepted; AND the Seal of the. Corporation be hereto affixed. Carried Unanimously No. 79 - HUNT - SCHISLER - RESOLVED that the unit prices submitted by V. Kerrio-Gernmno for the installation of watermains on various streets,Contract W.I.20-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 80 - HUNT - THe{SON - RESOLVED that the contract for demolition of certain buildings, Contract D.T.19-73, be awarded to G.Washington at the tendered price of $6,800.00; AND the Seal of the Corporation be hereto tarfixed. Carried Unanimously No. 81 - HUNT - SCRISLER - RESOLVED that the unit prices submitted by. H.J.Voth and Sons Ltd. for the installation of various undergroun municipal services for the Rolling Acres Extension Subdivision, Contract ~ G.C.17-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 82 -SMEATON - HUNT - RESOLVED that t~e contract for the supply of a prefabricated dry well including standhy generator and control building be awarded to Naplet Reid at the quoted price of $28,675; AND the Seal of the Corporation be hereto affixed. Carried UnanimoUsly No. 83 - SCRISLER - M~NT - RESOLVED that a message of condolence be forwarded to the family of the late Mrs.Ernest Price, mother of S,R. Price, City. Menager; AND the Seal of the Corporation be hereto affixed. Carried Unanimously - 9- Resolutions (ConI'd) No. 84 - THOMSON - FERA - RESOLVED that WHEREAS The Landlord and Tenant Amendment Act, 1968-69 provides that the council of a municipality.may by by-law establish a Landlord and Tenant Advisory Bureau; AND WHEREAS '~unicipality- for the purpose of establishing such bureaux includes a regional municipality but does not include an area municipality thereo%. AND WHEREAS a report prepared by the Social Planning Council of Greater Niagara in 1971 and experience to date supports the need for the creation of a bureau to consider the increasing number of inquiries relating to landlord-tenant matters; NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the City of Niagara Falls again requests the Regional Municipality of Niagara to establish a Landlord and Tenant Advisory Bureau; AND BE IT F~RTHER RESOLVED that copies of this resolution be circulated to all area municipalities of the Regional Municipality of Niagara for endorsation and support, AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 85 - HUNT - HARRIGAN - RESOLVED that Alderman N. Puttick be appointed Acting Mayor during the absence of His Worship Mayor George Bukator for the period June 17 to 23rd, 1973; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS. No. 73-127 - A By-law to establish parts of Crysler Avenue and St. Clair Avenue as a way for the use of pedestrians and to prohibit the use thereof by vehicles. ORDERED on the motion of Aideman Mann, seconded by Aideman Schisler that Alderman Wallace be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanhnously ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously ~o.73-128.- A By-law to prohibit the sounding of any railway engine whistle in respect of the Garner Road highway crossing in the City of Niagara Falls. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Mann be granted leave to introduce the By-law and the By-law.be given the first reading. Carried Unanimousl~ ORDERED on the motion of Aideman Mann, seconded by Aldeman Fera that · the By-law be now given second and third readings. Carried Unanimously No. 73-129 - A By-law to designate certain land not to be sub]ect to part lot control.. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that' Alderman' Puttick be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Puttick, seconded by Aideman Keighsn that the By-law be now given .second and third readings. Carried Unsnlmously - 10 - By-laws(Cont'd) No~3-130 - A By-law to authorize the conveyance of land to Michael Romanuk and Lillias Romanuk. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeston that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unan/mously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given second and third readings. Carried Unanimously No. 73-131 - A By-law to amend By-law No.3790, being a By-law for the regulation of traffic (Willoughby Drive) ORDERED on the motion of Alderman Wallace, seconded by Alderman Harrigan that Alderman Ketghan be granted leave to introduce the By-law and the By-law be given the first reading. eartied Unanimously ORDERED on the motion of Alderman Keighan, seconded by Alderman Fera that the By-law be now given second and third readings. Carried Unanimously No. 73-132 - A By-law to authotrze the execution of an agreement with Charles Duputs Construction Limited for the construction of sewermains and watermains. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that Alderman Fera be granted leave to introduce the By-law and the By-law be given a first reading. Carried UnaninDusly ORDERED on the motion of Alderman Fera, seeended by Alderman Hunt that the By-law be now given second and third readings° Carried Unanimously NO. 73-133 - A By-law to authorize the execution of an agreement with Steed a~d.Evans Limited for the construction of sidewalks. ..,' ORDERED on the motion of Alderman Hunt, seconded by Alderman Puttick that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. ~ Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Aideman Keighan that the By-law be now given second and third readings. Carried Unanimously No. 73-134 - A By-law to authorize the execution of an agreement with Gordon Washington carrying on business as Washington Demolition Services forthe demolition of buildings. ORDEKED on the motion of Alderman gchisler, seconded by Alderman Wallace that Alderman Hunt be granted leave to introduce the By-law and.the By71~w be. given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Harrigen that the By-law be now Biven second and third readings,. Carried Unanimously No.73-135 - A By-law to authorize the execution of sn agreement with Vincent '~errio-Germano Limited £or the wnstruction of watermains. ORDERED on the motion of Alderman Thomson, seconded by Alderman Keighan that Alderman Schisler be 8ran~ed leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously - ll- By-law No.73-135 (Cont 'd) ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimously No. 73-136 - A By-law to authorize the execution of an agreement with H.J.Voth and Sons Limited for the construction of a sewage pumping station and forcemain and other works for the Rolling Acres (Taro 1) Subdivision. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schis ler that Alderman Fern be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Fern, seconded by Alderman Wallace that the By-law be now given a second and third reading. Carried Unanimously No. 73-137 - A By-law to authorize the execution of an agreement with L & N Construction and Excavating of Niagara Limited for the construction of sanitary and storm sewers. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that Alderman Fern be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Aldermac Fern, seconded by AM erman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-138 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Hunt, seconded by Alderman Harrigan that Alderman Fera be granted leave to introduce the By-law and the By-law be given the first reading. -'-".- ' .... ~' Carried Unanimously ORDERED on the motion of Alderman Fern# seconded by Alderman Hunt that the By-law be now given a second and third .reading. Carried Unanimously NEW BUSINESS VEHICULAR TRAFFIC - MITCHELSON PARK AREA Alderman Fera commented on'the number of vehicles using the Hydro right-of-way and school property adjacent to Mttchelson Park and reported that parents are concerned about the safety of children. The City Engineer advised that the problem has been considered by staff and the Recreation Director has eo~ght the cooperation of various organizations. ORDERED on the motion of Aideman Fete, seconded by Alderman Mann that Staff be instructed to contact officials of Ontario Hydro and the Welland County Separate School Bm rd regarding the erection of signs to prohibit vehicles using the Hydro right-of-way and school property adjacent to Mitehelson Park. NIAGARA FLOUR AND FEED STORE - MAIN STREET Aldermen Puttick reported the condition of the rear property of the Niagara Flour and Feed Store at 6005 Main Street. Area residents have complained about the filth, litter, smell of molasses and evidence of rats. ORDERED on the motion of Alderman Puttick, seconded by Alderman Rarrigan that the firm conducting the rodent control program in the municipality be requested to investigate the conditions et 6005 Main St. and, further, that the owner of the property be instructed to clean up the premises or CIty Staff would under- take the work at the owneras expense. - New Business (tout'd) FENCING OF ABOVE GROUND SWIMMING POOLS Alderman Wallace stated that although the City has a by-law regarding the fencing of in-ground swimming pools, some provision should be made for the fencing of larger type above-ground pools. Because of the potential danger for young children, the Alderman suggested a report and draft by-law be sub- mitted for consideration by Council. Alderman Thomson noted that a by-law has been drafted by the Building Department which includes a provision requiring the fencing of the approach or steps to pools 42" above ground or over. He suggested that the proposed by-law be considered by Council. Alderman Puttick suggestered there should also be regulations regarding the draining of pools. ITEMS INTRODUCED UNDER '~EW BUSINESS" Alderman Thomson expressed his concern about the number of petty complaints that have been recently introduced by members of Council under the ~New Business' section of the agenda. He suggested the practice was unfair to staff members as many items could be resolved by contacting appropriate City departments directly. It was his opinion that matters discussed during the Council meeting should be constructive and suggested that some criteria be established as to the type of subject to be introduced' under 'New Business'. ADDITIONAL WATER FOUNTAIN At the suggestion of Alderman Mann, consideration will be given to providing drinking-water nearer to the Council Chambers. ADJOURNMENT The meeting adjourned on the motion of Alderman Thomson, seconded by Alderman Walker. Mayor READ AND ADOPTED, TWENTY-NINTH MEETING Conmittee Rooms 2 & 3 June 18, 1973. SPECIAL MEETING Following a Council Conunittee meeting on Monday, June 18, 1973, Council reconvened in formal Council session on the motion of Alderman Hunt, seconded by Alderman Christensen. All Members of Council were present with the exception of His Worship Mayor George Bukator and Alderman Thomson. Alderman Puttick, as Acting Mayor, presided as Chairman. COMMUNICATIONS No. 74 - Miss Dominion of Canada Pageant - Requesting the City to continue its sponsorship of a luncheon for the beauty pageant contestants on June 26, 1973. ORDERED on the motion of Alderman Mann, seconded by AldermaaChristensen, that the communication be received and the request approved. ..R.E. PORTS No.306 - City Solicitor - Re: Downtown Mall. 1. Claims for damages or compensation for loss of bus iness, etc. Advising that the City's insurance advis. .~ . available or what ~7· cost would be. ' the City from such claims is ORDERED on the motion of Alderman Fern, seconded by Alderman Wallace that the report of the City Solicitor be received and the information in part one of the report be received and filed. 2. Claims for damages for bodily injury and property damage. Advising that the comprehensive general liability policies of the City and the Downtown Merchants' Association would protect the City against liability for injuries to persons or property resulting from accidents on the mall; reconunending the Association be requested to increase its coverage to the same amount as the City's coverage, namely, $500,000.00. ORDERED on the motion of Alderman Fern, seconded by Alderman Wallace that part two of the report respecting claims for damages for bodily injury end property damage be received and adopted. 3. Claims for the cost of establishing and removing the mall. Advising that the Regional Municipality will require the City to enter into an agreement to indemnify and save harmless the Region against all claims which might be made and to reimburse the Region for all losses and expense incurred by it as a result of establishing the mall. The City would also be required to assume all expense involved in the installation and removal of signs, traffic devices, etc. The report notes that a previous motion of Council included a provision that any expenditure by the City was not to exceed $8,600.00 and recommends, if it is the intention of Council that any costs in excess of this amount are to be paid by the Downtown Business Association, that this aspect be discussed further with the DowntO~nMall Committee. ORDERED on the motion of Alderman Fern, seconded by Alderman Wallace that Council ,reaffirm an earlier resolution that any expenditure by the City for the/DoWntown Mall not exceed $8.600.00. N~. 309 - City Manager - Re: Registered Plan NS 22, Westlane Village Subdivision. Recommending (1) that building permits be issued now for lots on Kalar Road and ~atalina Street and the lots on other streets in the subdivision be built upon in accordance with the Subdivider's Agreement; (2) all building permits issued condi- tional upon no occupancy until the sanitary sewer service is completed and approved by the City Engineer; (3) that Greater Northern Capital be permitted to erect only those models which have received "total" certification from Canadian Standards Association and all models must comply with the zoning by-law which regulates the subdivision; (4) that notwithstanding the zoning by-law, the Building Department approve of the site location for.bach lot so as to locate new houses in conjunction with existing homes; (5) that the Building Department work with the architect from Great Northat Capital eo ensure' that the exterior finishes and types of houses blend with the ex'~sting homes; (6) that no building permits be issued until the City has received all Agreements for easements. ORDERED on the motion of Alderman Walker, seconded by Aldermen Ha~rigsn that the - 2- Report ~307 (Cont'd) report Of the City Manager be received and adopted. The motion Carried with the following vote: AYE: Aldermen Hunt,Mann,Harrigan,Wallace,Smeaton,Schialer,Walker- .NAYB:Aldermen Keighan, Christensen, Fern. No. 308 - City Manager - Re: Guide Signing for Jack and Jill Motel. Avising that the possibility of providing guide signs to replace the private sign which was located contrary to the by-law, has been considered; recommending the guide sign policy be amended to provide that the minimum number of units which will be signed as 'accon~nodation' is twelve, thereby permitting the erection of signs for the fourteen units at the Jack and Jill Motel. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted. WESTLANE VILLAGE PUMPING STATION Reporting verbally, the City Engineer stated it is his understanding that the firm which was originally awarded the contract for a prefabricated pumping station in Westlane Village Subdivision, has gone into receivership. The second tendeter, Naplet-Reid, have indicated they are willing to abide by their original quotation and believe the work can he completed by October. The City Engineer requested Council's approval of an additional expenditure of approximately $2,000.00 subject to obtaining confirmation that the original supplier is in receivership and is unable to supply the equipment. ORDERED on the motion of Alderman Walker, seconded by AldernumSmeaton that the additional cost of $2,000.00 be approved. The motion Ca.tried with Alderman Keighan voting contrary and all others in fayour. NEW BUSINESS NO PARKING - EPWORTH CIRCLE Alderman Christensen advised that many people attending a concert at the N.F.C.V.I. auditorium had received tickets for parking on the outside of Epworth Circle. The Alderman suggested that inasmuch as parking has been prohibited at the outside curb of the Circle, the pavement markings should be removed. The Projects Engineer advised that it is intended to paint the standard white line 2% feet from the curb to discourage parking in the area. Re indicated the City could remove the most outstanding pavement markings but the cost is 20 times more than the installation cost. If the problem continues, sdditional signs will be erected on a temporary basis. In regard to s suggestion by Aldermsw. Christensen that the signs should read 'no parking this side', the Projects Engineer stated that the signs are in conformsace with the Provincial standard signingmnual. EXCESSIVE SPEED - CHIPPAWA STREETS Alderman Christensen reported many compIaints about motorists speeding on Welland Street, Gunnlng Drive and Willoughby Drive in the former Village of Chippaws. He suggested that police protection in the area is inadequate since responsibility has been assumed by the Region. WELLAND RIVER PIER SIGNS Alderman Christensen. expressed concern about partially submerged warning signs at two piers in the Welland River. He suggested that in order to avoid drownings and boating accidents, the authority responsible be contacted regsrding replacement of the signs. ORDERED on the motion of Alderman Christensen, seconded by Alderman Keighsn that the City Manager bring the matter to the attention of appropriate authorities. CEauMPIAIN DRIVE WALKWAY Alderman Christensen reported s walkway between two private homes on Champlain Drive leading to F.J.Rutland School is being used by minibike operators and bicyclists. The property owners have indicated they are willing to grant a six foot easement to the City if a fence is erected on both sides of the walkway. The matter was referred to the City Manager for a report on the motion of Alderman Christensen, seconded by Alderman Hunt. -3- NIAGARA FLOUR & FEED - MAIN ST. Alderman Puttick reported that the problem regarding rats at the rear of 6005 Main Street has been resolved. RePresentatives of the Department of Environment have advised area residents to contact the Department if the problem persists. BY-lAW NO. 73-73 Alderman Keighan enquired about the status of the City's by-law to remove certain commercial uses from industrially zoned lands. The City Manager said he believes a decision will be made soon by the Ontario Municipal Board but it will not be possible for the Board to hear the City's shopping plaza application during the month of June. PROPOSED POLICE BUILDING In reply to questions by Alderman Wallace, the City Manager stated that a letter received from the architect for the proposed police buildings indicates that revised plans will be ready for submission to Council on Jul.y llth. ADJOURNMENT The meeting adjourned on the motion of Alderman Hunt, seconded by Alderman Mann. READ AND ADOPTED, THIRTIETH MEETING Council Chambers, June 25, 1973. REGULAR MEETING Council met on Monday, June 25, 1973, at 7:30 p.m. for the purpose of considering general bus iness. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. Alderman Christensen offered the Opening Prayer. ADOPTION OF MINUTES The minutes of the June llth and June 18th, 1973 meeting were adopted on the motion of Alderman Harrigan, seconded by Alderman Mann. UNFINISHED BUSINESS WESTLANE VILLAGE Report ~309 - City Manager . Providing information regarding the timing for buildin permits on Pitton Road; advisin~j.b~..pb,~_~.~.~:~,~.t~,l~,~.l~l~.m~,' ~,~t~$~,~l,~ ~ ~3'3~.~l~28&~ 40% of the sanitary laterals; services remaining to be installed include sanitary laterals, storm sewermain and catchbasin leads, watermain laterals to all new lots and the installation of a 12" diameter forcemain; advising that the contractor will attempt to install the services on Pitton Road st the earliest possible date to exped ire the issuance of non-occupany building permits. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and filed and a copy made available to property owners in the area who had indicated an interest in obtaining building permits at this time. The motion ~arried with Alderman Keighan voting contrary and all others in fayour. PARKING ON FIRST AVENUE Report ~307 - City Manager - Re: Registered Plan NS 22, Westlane Village Subdivision. Comma.~64 _ Residents of First Avenue - Petition and comments re: Parking problems on First Ave. in the vicinity of the Cavefly Hotel. Report ~310 - City Manager - Re: Parking on First Ave. Suggesting that during the daytime parking can be Permitted on both sides of First Ave. between Bridge St. and Maple St. without creating the conditions referred to in the petition; during evening hours patronage of a hotel in the area substantially increases the number of parkers along First Avenue; recommending that parking be prohibited from the east side of First Avenue from Maple St. to Bridge St. from 6:00 p.m. to midnight daily. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the report be received and adopted. STRANGEg'AND GIGLIOTTI - BY-LAW 73-115 Report ~257 - Planning and Development Committee - Lot 2,R.P.172,Pt.Lot 81,R.P.3039 between Casa Doro Restaurant and Imperial Motel, north-west side of Victoria Ave. An application to permit the construction of a five-storey, 24-unit motel and an attached one-storey restaurant. Report ~311 - City Clerk - Advising that as a result of the usual notification . procedure, one letter of objection to the application has been received;~equesting the direction of Council. ORDERED on the motion of Alderman Thon~on, seconded by Alderman Hunt that the report be received and filed and Council reaffirm an earlier decision to approve the application of A.Strangea and J. Gigliotti; and, further, if the efforts of City Staff to resolve the objections received are not successful, the application together with the objections received, be forwarded to the Ontario Munisipal Board for consideration. DISTRIBirEION CENTRE - BY-LAW NO.73-117 Report ~ 256 - Planning and Development Committee - Re: AM-17/73, west side of Garner Road; rezoning application initiated by the City of Niagara Falls to permit the establishment of a distribution centre. Report ~312 - City Clerk - Advising that as a result of the usual notification procedure, one letter of objection was received; requesting the direction of Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and filed and Council reaffirm an earlier decision to approve the - 2- Report ~312 (Coat'd) establishment of a Distribution Centre on the west side of Garner Road and if efforts to resolve the obSections indicated by one objection are not successful, the application together with the objection received, be forwarded to the Ontario Municipal Board for consideration. The motion Carried with Alderman Keighan voting contrary and all others in favour. APPLICATION OF D'ADDI0,SOUTH-EAST CORNER OF DRUMMOND RD. ANDWILLIAM ST. Report #313 - City Manager - Re: AM-29/72, Proposed Garage and Body Shop. Advising that Mr.D'Addio has requested an amendment to the site plan agreement to provide that one house on the north side of the lot remain standing until the garage is erected; reconnnending the request be granted subject to the requirement that the garage not open for business until the second house is demolished. ORDERED on the motion of Alderman Schisler,-seconded by Alderman Thomson that the report be received and adopted. COMMUNICATIONS No. 75 - Stamford Memorial Arena - Re: New Satellite Arena. Advising that the Stamford Memorial Arena and Community Centre Board passed a resolution naming the new satellite arena as the Jack Bell Arena. ORDERED on the motion of Alderman Mann, seconded by Alderman Puttick that Council approve the suggestion of the Arena Board that the new facility be named the Jack Bell Arena. No. 76 - C,J.R.N. Radio Niagara - Re: Council Chamber Sound System. Requesting permission to tape the proceedings of each Council ~eeting held in the Council Chambers. ORDERED on the motion of Alderman Fera, seconded by Alderman Christensen that the communication be received and the request to tape the Council proceedings be approved. The motion Carried. with Alderman Wallace voting contrary +and all others in layout. No. 77 - Air Show '73 Sponsorship Committee - Requesting $1,000. to help under- write some of the expenses of Air Show '73 to be-held-at the Niagara District Airport, August 25,26th,1973. ORDERED on the motion of Alderman Keighan, seconded by Alderman Smeaton that Mr. Stan Fisk be granted permission to address Council. Mr.Fisk, a member of the Sponsorship Committee, suggested that with the expected cancellation of the C.N.E. air show and the full ~upport of the R.A.F. and R.C.A.F., the St.Catharines Airport and Flying Club Air Show could be rated the best show in Canada. He advised that the City of St.Catharines has underwritten the show in the amount of $5000 as well as contributing toward a civic reception and advertising. Mr. Fiak asked that the City of Niagara Falls support the Air Show by a contribution of $1000 dollars. Alderman Smeaton spoke in support of the request and commented on the promotional aspects of the project and the importance of the airport facilities which, he said, were vital if the City is to expand industrially. Alderman Harrigan spoke about the activities of the St.Catharines Flying Club, its contribution to the operation of the airport and the fact that 40% of its membership comes from the City of Niagara Falls. Expansion of the runway end the installation of instrument landing equipment would make the airport capable of handling very large aircraft and eliminate the necessity of European travellets landing at Niagara Falls, N.Y. and having to pass through U.S. and Canadian customs in order to visit southern Ontario. Alderman Putt~ck questioned the availability of funds and the City M~nager indicated the only flexible funds are in a contingency account which provides $17,600. for emergency purposes. The City budget, he said, must remain under 8% of hat yearns expenditures to be eligible for a maximum Provincial grant. ORDERED on the motion of Alderman Smeatons seconded by Alderman Thomson that the conmaunication be received and the City support the 1973 Air Show with a donation of $1,000.00. The motion Carried with the following vote: AYE: Aldermen Fete, Keighan, HarriSan, Smeaton, Schisler, Thomsons Wallace. .NAY~I Aldermen Christensen, Hunt, Mann, Puttick, Walker. -3- Communications (Cont'd) No. 78 - Main and Ferry Business Association - Requesting permission to erect a banner across Ferry Street for the purpose of drawing the attention of visitors to the Lundy's Lane Historical Museum and the Lundy's Lane Battleground. The City Clerk advised that the Greater Niagara Softball Association have also requested the erection of a banner in the same area. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the con~nunication be received and the request approved subject to the Association obtaining the approval of the Regional Municipality of Niagara, Niagara Falls Hydro and Bell Canada; and, further, that the details as to the dates and location of the banner be determined by the Main and Ferry Business Association and the Greater Niagara Softball Association to avoid the possibility of two banners being erected at the same location. No. 79 - Regional Municipality of Niagara - Re: Use of Land for Public Purposes. Requesting that the Regional Municipality be included in a special provision in the zoning by-law permitting the use of land for public purposes in any zoning district. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the connunication be received and referred to the City Manager for a report. No. 80 - Marineland and Game Farm - Requesting permission to erect a beer tent at the Marineland site-on J~yl~th, for;the purposes of a press party to commemorate the official opening of the new 1973 Marineland and Game Farm. ORDEPaED on the motion of Alderman Hunt, seconded by Alderman Fera that the con~nunication be received and the request approved subject to the approval of the Liquor Control Board of Ontario, the Fire and Police Departments and the Regional Health Unit. REPORTS No. 314 - City MariaMet * Re: Sale of Industrial Lands. Submitting information regarding the sale of lands and options to purchase lands in the Fails Industrial Park; recon~nending (1) that lots 17~ 18, 19, 36, 37, 38 and 39, totalling 14 acres be optioned to Dr. Walther Casper, Managing Director, Metalgesellschaft AG, Germany for a total option price of $2,000.; (2) that tenders be called for Phase III of the underground services and base roadways for Progress Street between Earl Thomas Avenue and Kister Road and on Murie Street between the west limit of lot 24 (Open Channel Outfall Ditch) and Kister Road and (3) that the cost of installing the Phase III services be paid for out of revenues from the sale of lands in the Industrial Subdivision. Alderman Wallace suggested that because of recent sales of lands in the Industrial Park, it would be an appropriate time to consider the development of additional industrial lands. The City Manager replied that the matter had been discussed by staff and four potential sites are presently being analyzed. A report will be presented to Council as soon as possible. At the moment only three lots remain to be sold in the Falls Industrial Park. in Phase 2 of the development. ORDERED on the motion of Alderman Puttick, seconded by-Alderman Walker that the report of the City Manager be received and adopted. · No. 3i5 ~ City ManaRer - Referring to a brief received from the Niagara Peninsula Fruit and Vegetable Growers' Association regarding agricultural policies in the Draft Regional and the preservation of fruit lands; consenting on the recommendations contained in the brief. The report reconzaends that Council endorse in principle the Preservation of the fruit lands in the Niagara Peninsula and that a copy of the report be forwarded to The.Honourable J. Hueglin, M.P., The Honourable J. Cloment, M.P.p.; Members of the Regional Planning and Development Committee and the Niagara Peninsula Fruit and Vegetable Growers' Association. ORDERED on the motion of Alderman Mann~ seconded by Alderman Smeaton that the report be received and adopted. No. 316 - City Manager - Re: School Safety Patrol Work. Advising that St. Ann's and Mary Ward schools are involved in safety patrol work; recommending that the students be commended for their excellent endearours in school safety patrol work and an amount of $200 be allocated for some type of recognition event. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received and adopted. Reports (Cent'd) No. 317 - City Manager - Re: Committee of Adjustment and Easement for Water- course across part of Lot 12, Concession 2 of the former Township if Willoughby. Advising that the Committee required the property owners to grant to the City an easement 50 feet in width on either side of the centre line of an existing watercourse as a condition of granting consent for the severance; a grant of easement satisfactory to the City Solicitor has now been supplied; recommending approval of the required by-law appearing later on the ageads. ORDERED on the motion of AIderman Mann, seconded by Alderman Thomson that the report be received and adopted. The motion Carried with Alderman Hunt voting contrary and all others in layout. See By-law No.73-150 No. 318 - City Manager - Re: Dell Cemetery, former Township of Willoughby. Advising that the trustees of the Dell Cemetery have requested the City to assume the maintenance of the abandoned cemetery. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the report be received and adopted. No. 319 - City Manager - Re: Enlargement of park in Cherryweed Acres Subdivision. Advising the purchsae of the parcel of land located between the public school and park in Cherrywood Acres Subdivision has been c~mpleted and reconmending approval of the required by-law. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and adopted. See By-law No.73-149 No. 320 - City Manager - Re: Weed Control. Recommending the preparation of a by-law to designate goldenrod, mustard, dock oxeye daisy and dandelions as locel weeds and to limit the height of grass to 15 inches at and on horti- cultural lands within the City boundaries. ORDERED on the motion of Aldermsn Smeaton, seconded by Alderman Christensen that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Christensen, Fern, Keighan, Harrigan, Patrick, Smeaton, Walker, Thomson, Wallace. NAYE:Aldermen Schisler, Mann and Hunt. No. 321 - City Manager - Re: M.T.C.Subsidies - 1973 Local Improvement Programs. Reviewing the City's position and the problems encountered as a result of the Ministry of Transportation placing a ceiling on subsidies for construction works in 1973. The total allocation of $440,000 will not enable the City to proceed with all works approved in previous budgets nor projects included in the 1972 Locsl Improvement Program. The report recomends (1) on~future capital projects which would include such projects as storm sewers and Local Improvement projects application be made to the O.M.B. for the gross expenditure without considering M.T.C,subsidy and (2) proceed with the 1972 Local Improvement Program on the basis of no M.T.G. subsidy with closing dates for public tenders to be July 24, and August 14, 1973. In reply to questions by members of Council, the City'Engineer elabored on the policy adopted by the M.T.C. in recent years. It has become apparent thst theprovincial government is transferring subsidies from road construction and allied projects to transit facilities. This has resulted in a considerable reduction of funds available for road projects. The matter is being considered by the Municipal Engineers Association with the hope that the Association can recommend to the M.T.C. a more equitable method of distributing funds. It was then wved by Alderman Puttick~ seconded by Alderman Keighan that the report be received and staff be authorized to proceed with the 1972 Local Improvement Program with closing dates for public tender~ being July 24th and August 14th,1973. The motion Carried unanimously. The rivet rec~mnendation that on future capital storm sewer and local Improvement projects, application be made to the O.M.B. for the gross expendi- ture without considering M.T.C.aubsidy was discussed under the New Business section of che ageads. See Page 11, Reports (Cent'd) - 5 - No. 322 - City Manager - Dell and Casey Subdivisions _ One Foot Reserves. Advising that the Municipality has now approved the Dell Subdivision, north of Harvard Ave. and the Casey Extension Subdivision located west of Casey Street and in order to provide access it will be necessary to lift one foot reserves; recommending that Council give three readings to the by-law appearing later on the agenda, ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and filed and the by-law approved. See By-law No, 73-151 No. 323 - City Manager - Re: Summer Schedule of Hours at City Hall. Advising that the hours for clerical employees will be from 8:30 a.m. to 4:30 p.m. for the period con~nencing Tuesday, 3uly 3rd and ending Friday, August 31,1973. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and filed and the sunmaer schedule noted. No. 324 - City Manager - Recommending that Fire Chief S.C.Thomson be authorized to attend the Canadian Association of Fire Chiefs in London, Ontario, August 6th to 31st,1973. ORDERED on the motion of Alderman Hunt seconded by Alderman Christensen that the report be received and adopted. No. 325 - City Manager - Re: Sewer and Watermain Des ign Course. Recomnending that Mr. R. Kaleher and Mr. D. Costello of the Engineering Department be authorized to attend the sewer and watermain design course in Toronto from October 22nd to October 26th, 1973, inclusive. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. No. 326 - City Manager - Re: Extension of Sanitary Landfill Site. Advising of the necessity to seal the ground and sides with an impermeable cover to comply with a condition set forth by the Ministry of Environment to minimize the penetration of leachate; recommending acceptance of the price of $9.00 per 14 cubic yard load for suitable clay from Weedington Systems, Inc. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted. See Resolution No.86 No. 327 - City Manager - Re: Sale of Standing Trees at Sanitary Landfill Site. Referring to the Preparations for the extension of the sanitary landfill site and reconunending the section of trees standing on the future fill area be publically advertised for sale with a closing date of July 10, 1973. ORDERED on the motion of AldermanSchisler, seconded by Alderman Hunt'that the report be received and adopted, No. 328 - City Manager - Re: Maintenance Management System. Advising that the inclusion of the maintenance activities of the cemeteries, sanitation, water and sewer works would complete the system; recommending an extension of the present contract with the firm of Jorgensen & Associates in the amount of $2,500. which is included in the maintenance management budget for 1973. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fern that the report be received and adopted. See Resolution No.87 No. 329 - City Manager - Re: Street Nsme Signs. Referring to the phasing out of the porcelain type street name plates and replscement with scotchlira on aluminum reflectorized plates; recommending that the necessary street name signs and hardware be purchased from Pawcart Metal Products at the quoted price of $3,594.27 for the signs and $774,25 for hardware. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted. See Resolution No.88 No. 330 - City Manager - Re: Tender for Base Road Construction - Contract R,C.23-73. Reconmlending that the unit prices submitted by Steed and Evans Limited for base road construction in the Dalcin Subdivision, Dorchester Park Extensia~Subdivision and Falls Industrial Park be accepted by Council. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that the report be received and adopted. See Resolution No.89 No, 331 - City Msnsger - Re: Purchase of Equipment. Advising that thc Maintenance Budget includes purchase of certain equipment enumerated in the report and recommendlug that the equipment be divided into groups and each Srosp tendered - 6- Report ~ 331(Cont'd) 'as need and availability arises. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted. No. 332 - City Manager - Advisory report re miscellaneous items. The report includes information regarding the dates of public tenders, the OHC rent supplement program and a letter of appreciation from the Social Planning Council. The report'reconmends approval of the request of the Greater Niagara Softball Association to erect a beer tent in conjunction with the Niagara Invitational Fastball Tournament subject to approval of the L.C.B.O. and the Police and Fire Departments; reconunending further that the Association be permitted to erect banners on Victoria Ave. at McRae St. and at Ferry St. and Main Street subject to the approval of the Niagara Falls Hydro and Bell Canada. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that the report be received and adopted. No. 333 - Lottery Licensing Officer - Advising that the Optimist Club of St.Catharines has requested permission to sell tickets on a car in the City of Niagara Falls during the summer months; recon=aending that the application be denied. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. No. 334 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt 'that the report be received and adopted and licences granted. No. 335 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the report be received and adopted. PETITION Corm. Sl - Mrs.Doreen Daudelin and 15 other property owners on Willo Road. A petition regarding the condition of roads and drainage problems. ORDERED on the motion of Alderman Wallace, seconded by Alderman Harrigan that the petition be referred to the City Engineer for a report. RESOLUTIONS No.'85-A - THOMSON - SCHISLER - RESOLVED that Alderman Ketghen be appointed as Presiding Officer in the absence of His Worship Mayor Gedrge Bukator; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NOTE: His Worship Mayor George Bukator retired from the Council Chambers. No. 86 - HUNT - CHRISTENSEN - RESOLVED that the price of $9.00 per 14 cubic yard load submitted by Woodington Systems Inc. for the suppIy of suitable clay for the sealing of ground at the sanitary landfill site, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 87 - PUTTICK - FERA - RESOLVED that the contract with the firm of Jorgensen & Assoc. be extended for the preparation of maintensncemansgement systems for the activities of the cemeteries, sanitation, water and .sewer works in the amount of $2~500~; AND the Seal of the Corporation behereto affixed. Carried Unanimously No.88 - THOMSON - HUNT - RESOLVED that necessary street name signs and hardware be purchased from Fawcett Metal Products at the quoted price of $3,594.27 for name signs and $774.25 for hardware; AND the Seal of the Corporation be hereto affixed. Carried Unanimously - 7 - Resolutions (Cont'd) No. 89 - HUNT - KEIGHAN - RESOLVED that the unit prices submitted by Steed and Evans Ltd. for base road construction in the Dalcin, Dorchester Park Extension and Falls Industrial Park Subdivisions, Contract R.C.23-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 90 - THOMSON - HUNT - RESOLVED that the Council Committee meeting of July 3, 1973 be cancelled and the next regular meeting of Council he held on Monday, July 9, 1973, commencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl7 No. 91 - PUTTICK - MANN - RESOLVED that a letter of congratulation be forwarded to Mrs. Winnifred Stokes Hill on becoming a member of the Order of Canada for outstanding service to the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl7 BY-LAWS No. 73-139 - A By-law to authorize the execution of a site plan agreement with Auto Petro Investments Limited. (easterly side of Portage Road). ORDERED on the motion of Alderman Hunt, seconded by AldermanChristensen that Aideman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unsnimousl7 ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-140 - 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. (Auto Petro Investments) ORDERED on the motion of Alderman Schisler, seconded by Alderman Walker that Alderman Hunt be granted leave to introduce the By-law and the ~y-law be given the first reading. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the By-law be now given a second and ~hird reading. Carried Unanimously No. 73-141 - A By-law to authorize the execution of a site plan agreement with Auto Petro Investments Limited. (easterly s ide of Drummond Road ) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderm~mChristensen that thelBy-law be now given a second and third reading. Carried Unanimous 1Z No. 73-142 - A By-law to amend By-law No. 2530, 1960, of the former Township of Sta~ford, now in the City of Niagara FaIls.(Auto Petro Investments) ORDERED on the motion of Alderman Wallace, seconded by Alderma~Schisler that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. 'Carried Unanimously. ORDERED on the motion of Alderman Hunt, seconded by Alderma~Ghristensen that the By-law be now given a second and third reading. Carried Unanimousix - 8- By-laws (Cont'd) No. 73-143 - A By-law to authorize the execution o£ a site plan agreement with Helen Seruga. (easterly side of Valley'Way). No. 73-144 - A By-law to amend By-law No. 5335, 1955. (H.Seruga) NOTE: By-laws Non.73-143 and 73-144 were withdrawn from the agenda, No. 73-145 - A By-law to authorize the execution of an amending agreement with Dominic D'Addio. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-146 - A By-law to authorize the execution of an amending agreement with River Realty Development Limited and Group 2 Development Limited. (Dell Subdivision) ORDERED on the motion of Alderman Hunt, seconded by Aldermen Smeaton that Alderman Christensen be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of AIderman Christensen, seconded by Alderman Harrigan that the By-law be now given a second and third reading, Carried Unanimously No. 73-147 - A By-law to authorize the execution of an amending agreement with River Realty Development Limited and Group 2 Development Lim{fi~d (Casey Subdivision). ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. ~ Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Harrigan that the By-law be now given n second and third reading,. Carried Unanimously No. 73-148 - A By-law to authorize the execution .of an agreement with Steed and Evans Limited for the construction of roads. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Harrfgan that the By-law be now given a second and third reading. Carried Unanimously No. 73-149 - A By-law to authorize the acquisitimo£ laud for park purposes. (Cherrywood Acres gobdivision) ORDERED on the motion of Aldermen 8thislet, seconded by Alderman Christenson that Alderman Hunt be granted leave to introduce the By-law and the By-law be Siren the first reading. Carried Unanimously -]- - 9o By-law No.73-149 (Cont'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimous_~Z No. 73-150 - A By-law to authorize the execution of a grant of easement from Roland Miljus and Patricia Miljus. ORDERED on the motion of Alderman Mann, seconded by Alderman Wallace that Alderman Fera be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Fare, seconded by Alderman Schisler that the By-law be now given a second and third reading, The motion Carried with Ald.Hunt voting contrary and all others in favour. Carried Unanimously No. 73-151 - A By-law to establish certain one foot reserve blocks as public highways. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. .Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 73-152 - A By-law to amend By-law No.3790, being a By-law for the regulation of traffic. (First Avenue) ORDERED on the motion of Aiderman Schisler, seconded by Alderman Mann that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hont~ seconded by Alderman Christensen that the By-law be now given a second and third reading. ~arried UnanimouslZ No. 73-153 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that Alderman Bunt be granted leave to introduce the By-law and the By-law be given.the first reading. Carried UnanimouslZ ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried UnanimousIX ~o. 73-154 - A By-law to amend By-law No.6357, 1963 respecting the issue of litantes. (Massegists) ORDERED on the motion of Alderman Schtsler, seconded by Alderman Christensen that AIderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by AldermalChriatensen that the By-law be now given a second and third reading. Carried Unanimous ly ~ 10- NEW BUSINESS CITY FLOAT Alderman Puttick suggested that City employees responsible for the design and construction of the City Float be conmended and thanked. TARCZY PROPERTY - BEAVERDAF~ ROAD Alderman Smeaton referred to previous discussion regarding the Tarczy property on Beaverdams Road and advised that he continued to receive complaints that vehicles were being repaired at the site in spite of the denial of an application to operate an auto wrecking yard. The Alderman had not determined if the vehicles being repaired belonged to members of the Tarczy family and the matter was referred to staff for investigation. RAILING ON BRIDGE OVER CANAL Alderman Smeaton expressed concern about the height of the railings of the bridge over the H.E.P.C. Canal which now provides exit facilities from the Royal Manor Drive Subdivision and will be used by many children going from the subdivision to school. He enquired as to what steps would be necessary to have the railing increased in height. The City Engineer replied that the th~n Department of Highways had been contacted in 1970 regarding the railing height but no reply had been received. He pointed out that the M.T.C. would, in the future, require the City to assume responsibility for the bridge. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Harrigan that a communication be directed to the M.T.C. advising of the concern of Council and requesting that the Ministry consider increasing the height of the railing. REQUEST TO WIDEN DRIVEWAY - PALLIS CRESCENT There was considerable discussion relative to the request of Mr. Scordino, who resides on Pallis Crescent, to extend the width of his driveway. The request was opposed by an adjacent neighbout, Mr. Young, who was repre- sented at the Council meeting by Mr. D. Sullivan. In support of Mr. Young's position, his solicitor produced pictures of the existing driveway and outlined the effect of the proposed widening on the Young property. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fern that the entire matter of driveway widenlugs be referred to City Staff with a request that a recommended policy be submitted for Council's consideration; further, that a copy of a letter directed toM r, Sc0rdtno by representatives of the Engineering Department be made available to Council aa well as confirmation if the City had, in fact, accepted funds from Mr. Scordino for the extension of the driveway. The motion Carried with the follnwing vote: AYE: Aldermen Christensen, ~unt, Fern, Mar~igan,Puttick,Smeaton, Schisler, Thomson, Wallace. NAYE: Aldermen Walker and Mann. OAKES PARK IMPROVEMENTS Alderman Puttick requested a report regarding the cost of the press box being erected at Oakes Park. The motion by Alderman Puttick, seconded by Alderman Harrigan Carried unan,imously. $~l RUN Alderman Hunt suggested that the City stock pile fill and waste material for the purpose of a ski run. The City Engineer advised that various sites are being considered for a ski run. ADULT LEARNING CENTRE Alderman Thomson expressed his concern about a proposal to close the Adult Learning Centre on Valley Way and the necessity for these wishing the services to travel to St. Cstharines. As a result of an enquiry made by the Cityss representative on the Board of Governors of Niagara College it was confirmed that a reconsnendation would be made that the classes at the Valley Way. location be discontinued as of August 31st. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the Council of the City of Niagara Falls go on record as being in fsvour of retaining an adult learning centre in the municipality on Valley Way or an New Business (Cent'd) alternate site and that Mr. A. Manera, President of Niagara College and Applied Arts be requested to meet with a Committee of Council to discuss the matter further. SALE OF MERCHANDISE FROM BACK OF TRUCK At the request of Alderman Wallace, City staff will investigate reports that merchandise was being sold from the rear of a truck parked in a driveway on Victoria Ave. near the Centre area. The Alderman had received complaints that leather goods and handcrafts were displayed on tables placed on the sidewalk and hung on the walls of buildings. NOTE: Alderman Harrigan retired from the Council Chambers. M.T.C, SUBSIDIES - REPORT ~321 Alderman Wallace referred to Report #321 which contained a recommendation regarding future capital capital storm sewer and Local Improve- ment projects and commented on delayed projects if a policy was not adopted for at least the year 1973. ORDERED on the motion of Alderman Wallace. seco~_~.L4.~%.~s%~:~..s, · ~T~ capital storm sewers asd local improvement projects, application be made to the Ontario Municipal Board for gross expenditures without considering subsidy from the Ministry of Transportation and Comnunicationa. REPAIRS TO OAKES DRIVE In reply to a query by Alderman Christensen, the City Manager stated that the extent of the repairs to Oakes Drive would not be known until consulting engineers had completed investigations and tests. A report will be prepared for Council as soon as possible. ADJOURNMENT The meeting adjourned on the motion of Alderman Puttick seconded by Alderman Fera. READ AND ADOPTED, THIRTY-FIRST MEETING Committee Rooms 2 & 3 June 27, 1973. SPECIAL MEETING Council met in special session on Wednesday, June 27, 1973, for the purpose of considering tax write-offs and applications for cancellation, reduction or refund of 1972 taxes. Alderman Keighan presided as Chairman. All Members of Council were present with the exception of Alderman Thomson and Alderman Christensen. Report No. 336 - City Manager - Submitting a list of applications for tax write-offs received under Section 636 of The Municipal Act and which, in the opinion of the City Treasurer, are deemed to be uncollectible; submitting also a list of applications received under Section 636a of The Municipal Act for 'cancellation, reduction or refund of 1972 taxes; recommending certain setion in each instance. Mr. D.Cords appeared before Council as Solicitor for Margus Securities and other companies and stated he was present at the meeting to safeguard the rights of his clients only and was not disputing shy of the recommendations pertaining to thirty-three applications submitted under Section 636a of The Municipal Act. Assessment appeals are pending at the Ontario Municipal Board on the majority of the properties. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wallace that the recommendations pertaining to properties of Margus Securities and other companies represented by Mr. Cords and enumerated in the report of the City Manager, be adopted. Mr. John Hopkins spoke to Council on behalf of Mrs. Anna Tarczy,8980 Beaverdams Road. The application appears in the report as No. 581 which recommends no change. The application was submitted because the property is vacant and the taxes are considered to be too high. Not_..~e: Alderman Wallace declared his interest and retired from the meeting. Mr. Hopkins referred to Sec.636a, subsection 1, clause "e" of The Municipal Act which provides that a person may apply for cancellation,reduction or refund of taxes if there is an overcharge by reason of any gross or manifest error that is a clerical error, the transposition of figures, a typographical error or similar type of error, but not an error in judgment in making the assessment. It was the opinion of Mr. Hopkins that this section applies to the Tarczy property which has not been used commercially for seven years although the taxes, he suggested, reflect a connnercial operation. The City Solicitor advised that, In his opinion, if an error was'made in assessing the property on a commercial basis rather than agricultural, it would be an error in judgment and-not a gross or manifest error as defined in the section. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Fern that in respect to application No. 581, Mrs. Anne Tarczy, 8980 Beaverdams Road, the recommended "no change" be adopted by Council and the appellant be advised to appeal the assessment in October 1973. Not_~e: Alderman Wallace returned to the Committee Room. ORDERED on the motion of Alderman Walker, seconded by Alderman Hsrrigan, that the report of the City Manager be received and the properties enumerated on the City Treasurer's list of applications for write-offs under section 636 of The Municipal Act, be struck from the Collector's Roll; further, that the recommendations of the City Manager in respect to applications received under section 636a of The Municipal Act, be approved. DOWNTOWN MALL By-law No.73-154 - A By-law to authorize an agreement with the Regional Municipality of Niagara. (Establishing part of Queen Street as a Mall for the use of pedestrians). - 2- By-law No.73-154 (Coni'd) ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeston that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that the By-law be now given a second and third reading. Carried Unanimously APPOINTMENT - ACTING MAYOR The City Clerk advised that during a visit with His Worship Mayor George Bukstor in hospital, the Mayor had indicated that he wished to have Alderman Keighan appointed as Acting Mayor during his absence. Aldernmn Keighan indicated his willingness to assume local and regional responsibilities on behalf of Mayor Bukator and ~equested the cooperation of Council in fulfilling the many social commitments. All members of Council indicated they would be willing to act as the City's representative at various events and social functions to relieve the Acting Mayor of such obligations. RESOLUTION NO. 92 - HARRIGAN - HUNT - RESOLVED that, in accordance with the provisions contained in Section 209(2) of The Municipal Act, Alderman Robert Keighan be, and is hereby appointed to act in the place of His Worship Mayor George Bukator during the Mayor's absence through illness; AND the Seal of the Corporation be hereto affixed. Carried Unanimously The meeting adjourned on the motion of Alderman Puttick, seconded by Alderman Hunt. READ ~ ADOPTED, . Acting Mayor THIRTY-SECOND MEETING Council Chambers, July 9, 1973. REGULAR MEETING Council met on Monday, July 9, 1973, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of ltis Worship Mayor George Bukator. Acting Mayor Robert Keighan presided as Chairman. Alderman Wallace offered the Opening Prayer. ADOPTION OF MINUTES The minutes of the June 25th and June 27th, 1973 meetings were adopted as printed on the motion of AldermanThomson, seconded by Alderman Hunt. PRESENTATIONS RETIREMENT WATCHES AND SERVICE PINS Mr. C. Davyes, now retired, was presented a watch in recognition of 25~ years service in the City's Street Department. The presentation was made by Acting Mayor Keighan who congratulated Mr. Dayyes and extended the best wishes of Council. A watch will also be presented to Mr. N. Stewart, now retired after ' completing 24 years of service in the Parks and Cemetery Department. Acting Mayor Keighen also presented a 25-year pin to Mr. L. Sawyer, a foreman in the Public Works Department. ONTARIO SAFETY LEAGUE AWARD Mr.T.Stephenson advised that 28 Canadian cities had earned Canadian Safety Council citations and Niagara Falls was one of six municipalities showing the greatest improvement in the over 40,000 population category. On behalf of the H n. Gordon Carton,Q,C., Minister of Transportation and Communications, Mr. Stephenson Presented the award to Acting Mayor Keighan. Copies of the text of the Minister at the Safety Council Citation meeting were provided for distribu- tion to members of Council. The Minister had also asked Mr. Stephenson to convey his best wishes for a speedy recovery to His Worship Mayor George Bukator. DEPUTATION PROPOSED PUBLIC LIBRARY Report #337 - City Manager - Submitting a copy of a formal request by the Public Library Board to increase the estimated cost of the proposed new library to $1,750,000., an increase of $350,000.;reconwaendtng (a)approval of the revised cost for the construction of a new public library as outlined in the architect's report dated June 1973 and indicating a total construction cost of $1,750,000.; request the Niagara Falls Public Library Board to call tenders for the construction of a new public library building as quickly as possible; and (c) that the award of any tender be subject to the approval of additional cost over and above $1,400,000. by the Ontario Municipal Board and (d) following the award of the tender, Council pass a by-law authorizing an additional expenditure for the library and submit same to the O.M.B. for approval. ORDERED on the motion of Aideman Hunt, seconded by Alderman Sineaton, that Mr. G.Hamilton, Chairman, and other members and staff be granted permission to address Council. Mr. Hamilton introduced Board members H.KirleY,M.Quinlan,R.pierce,Dr. Ainslie and V.Huxtable, Miss D.Van Slyke, Chief Librarian and.Miss C. Dick and Miss E. Allbrant of the library staff. Miss Van 81yke reviewed the history of the present library since con- struction in 1910 and projected pictures illustrated the inadequacies of the present adult service department, board room, microfilm department, storage facilities, shelving, narrow sislea, etc. The main library, she said, has reached its capacity as a central library and a great number of restrictions have been imposed on the programs offered. - 2- Proposed Library (Cont'd) Mr.R.pierce,Chairman of the New Building Committee, suggested the City should take more pride in civic buildings. He said the new library as demonstrated by drawings displayed at the meeting, will be a structure the City will be. proud of. Mr. W. Murray, an associate of D.Chapman, Architect, stated that reconmaended planning principles require a 20-year building scheme while the previous plan would accommodate less than s 10-year acconunodation growth. The new proposal, with the recommended additional items, would accommodate the community's need for 20 years and would provide incressed floor area,improved interior finishes~ completion of the second floor, new furnishings in all public areas, increased ceiling heights to a minimum of nine feet,free-standing shelving, completion of exterior psving, planting,courtyards,lighting,canoPies to the rear parking lot and to Victoria Avenue and a contingency fund of 3% of construction costs or $41,785.00. The City Manager advised members of Council of a letter received from the Ministry of Treasury, Economics and Intergovernmental Affairs, which indicates the Government of Ontario would approve applications from Niagara Falls under the Winter Capital Projects Fund with an aggregate loan value not exceeding $736,000. He recommended that the City apply for the loan which would cover approxfinately 2/5 of the library costs. He also suggested that the City work with the architect in timing of construction to enable the City to benefit by forgiveness of labour costs. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report of the City Manager be received and the recommendations as outlined be adopted; that C~ty officials be authorized to make application to Provincial authorities for a loan for the new library building, under the Winter Capital projects Fund in the amount of $736,000 and, further, that members of Council be kept informed of the availability of any grants or financial assistance for the project. UNFINISHED BUSINESS CASCADE INN,NORTH SIDE OF MURRAY ST. Report #338 - Planning and Development Conm~ittee - Re: AM-18/73,Cascade Inn, Pt.Range 18-19 Falls Company Plan, Murray Street, application of J.Galotta to permit an addition to an existing two-storey motel; reco~maending approval of the application subject to a Site Plan Agreement and that Council certify that the application conforms to the Official Plan Amendment No.28 of the Niagara Falls Planning, Area. ORDERED on the motion of Alderman Mann, seconded by Alderman.Thomson that the report be received and adopted. See Resolution Noo93 Y.W.C.A. RENOVATION PROGRAM Report #339 - City Manager - Advising that since Council's approval of grants for renovations.to the ~W~A building, a thorough investigation has been made of the structural state and safety of the building; recommending (1) the requested structural renovations to the main floor at an estimated cost of $6,933. be commenced immediately; (2) the painting of the building exterior at an estimated cost of $3,700. be commenced immediately; (3) that exit lights, emergency lights, fire alarm system and remote warning hell.be installed immediately and that replacement of a portion of the existing electrical system be done at the same time at a cost not to exceed $13,367. and (4) that a further report be submitted to City Council regarding the ' replacing of the remaining electrical servicing system including cost and its relationship to the $10,000. approved by Council for renovations in 1974. ORDERED on the motion of Alderman.Smeaton, seconded by Alderman Wallace that the report of the City Manager be received and adopted. - 3 - COMMUNICATIONS No, 82 - Downtown Mall Committee - Re: Queen Street Mall, July 12th to Aug.28, 19737 requesting approval of the operation of two beer gardens in conjunction with the Mall, one to be situated on Crystar Ave. adjacent to the Elliott Tavern and the second on Queen St. in the vicinity of the Metropolitan Store. The City Clerk advised that the Chairman of the Mall Con~nittee had indicated they would like to operate a beer garden on Centennial Square. ORDERED on the motion of Alderman Mann, seconded by Aldermen Hunt that the con~nunication be received and the beer gardens approved subject to the approval of the Liquor Control Board of Ontario, Police and Fire Departments and the Regional Municipality and, further, that the request to use Centennial Square for the purposes of a beer garden be not approved. The motion Carried with Aldernmn voting contrary and all others in favour. "' No. 83 - Downtown Mall Committee - Re: Occasional street closings during Mall. Requesting approval of the closing of Queen St. for special events on July 12, July 14, August 2 and August 4th and the closures be reconunended to Regional officials; requesting also that the Regional Police be advised that the Mall will be in operation from July 9th to August 28th, 1973. The report advises that the Board of Management of the Downtown Business Improvement Area has supported a request that Queen Street be removed from the Regional road system and requests the support of City Council. ORDERED on the motion of Aldermen Thomson, seconded by Aldermen Hunt that the corranunication be received and the special closures of Queen Street during the Mall be approved and Regional authorities so advised; that Regional Police officials be advised that the Mall will be in operation for the period July 9th to August 28, 1973 ar~ the request that Queen Street be removed from the Regional road system be referred to Staff for a report. No. 84 - Business & Industrial Growth Department - Chamber of Commerce - Advising that the Committee has approved a follow-up trip to Germany in the Fall of 1973 and has requested that the City Manager, Mr.S.R.Price, be authorized to go. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern that the con~nunicstion be received and the request that the City Manager be a City representative during the industrial trip to Germany be approved. In reply to questions by Alderman Puttick, the City Manager advised that a preliminary report regarding the last industrial visit to Germany had been submitted to the B.I.G.Committee and Council will be briefed on the results of the trip at a joint meeting with the Con~nittee. No. 85 - Welland County Roman Catholic Separate School Board - Re: Request for sidewalk construction on the west side of Stanley Ave. f~omGeorge Street to Morrison Street. (The request was referred to the 1974 Local Improvement Program at the Council meeting of May 28, 1973). The communication advises that the School Board is concerned about the safety of students and requests that the matter be reconsidered. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Walker that the communication be received and filed and the City Manager investigate the possibility of stationing a crossing guard at the location, or some other alternative, until such time as sidewalks are constructed. The motion Carried with Alderman Puttick voting contrary and all ot](ers in fayour. " No. 86 - Department of Agriculture and Food - Re: Hearing concerning problems in drainage of agricnlturaI and non-agricultural lands, July 16,1973, 2:00 P.M., Regional Council Chambers. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fern that the con~nunication be received and referred to Engineering Staff for information purposes. No.87 - Development Manager,Ontario Rousing Corporation - Advising that an advertisement on July 12,13 and 14 will request proposal for the leasing of Family Units in the City and that representatives of O.H.C. will be at City Hall on July 17th to answer questions from prospective proponents. ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that the connunication be received and filed. - 4- REPORTS No. 340 - City Manager - Re: Sale of Industrial Land. Recommending that Lot 34 on the east side of Esrl Thomsas Ave. in the Falls Industrial Park be sold to Paul 3ankovics at a price of $7,000 for the one-acre site and that the City Solicitor be authorized to complete the legal arrangements for the sale of the land. ORDERED on the motion of Alderman Puttick, seconded by Alderman Harrigan that the report be received and adopted. No. 341 - City Manager - Re: Artistic Sheet Metal and Welding Co. Recomnending that Lot 35 on the east side of Earl Thomas Ave. be sold to Mr.Anthony Morgansill at a price of $7,000. for the one acre site and the City Solicitor be authorized to complete the required legal work. ORDERED on the motion of Alderman Puttick, seconded by Alderman Harrigan that the report be received and adopted. No. 342 - City Manager - Re: Proposed Plan of Subdivision, Creson Invest- ments Ltd. (Glengowan), Pt.Twp.Lot 45, west of Dorchester Road. Recommending preliminary approval of the plan subject to seven conditions enumerated in the report and, further, that Council certify by resolution that the application conforms to Official plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Smeaton, seconded by-Alderman Fern that the report be received and adopted. See Resolution No.94 No. 343 - City Manager - Re: Proposed Development at south-west corner of Lundy's Lane and Dorchester Road (Diol Investments Ltd.). Recommending that Council endorse the principle of a 24' roadway being constructed on the northerly half of the Pew Street road allowance across the width of the development under consideration, with all costs for initial construction and maintenance being absorbedby the developer. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and adopted. No. 344 - City Manager - Re: Lots 544, 545 Registered Plan 11, former Village of Chippaws (north side of Wainbrenner Road east of Willoughby Drive. Advising that the owner of the lots, Mr.J.Lepp, wishes to proceed with the construction of apartment buildings; recommending that the property owner deposit with the City 100% of the costs of the services required by the 1956 and 1960 Subdivider's Agreement for Register Plan 11. ORDERED on the motion of Alderman Mann, seconded by Aldernen Christensen that the report of the City ~nager be received and adopted. No. 345 - City Manager - Re: Community Canires Board. Reconnending approval of a new by-law appointing the present Aldermen as members of the Niagara Falls Community Centre Board. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. See By-law No.73~158 No. 346 - City Manager - Re: Proposed closing of Adult Education Centre, ValleyWay. Reconusnding that the City Manager, Acting Mayor Keighan,.the City Clerk and Alderman Thomson be appointed as a special Committee to meet with Mr.A.Manera, President of Niagara College of Applied Arts and Sciences, to discuss the matter. ORDERED on the motion of Alderman Christensen, seconded by Alderman liarriSen that the report be received and adopted. No. 347 - City Manager - Re: The Weed Control Act. Referring to CoUncil's approval of the preparation of a by-law to designate goldenrod, mustard, dock, oxeye daisy and dandelion a8 local weeds and to limit the height of grass to 15" at and on horticultural lands within the City boundaries; advising that the City Solicitor is of the opinion that a by-law to limit the height of grass on horticultural lands would not be authorized under the provisions of The Weed Control Act and the by-law appearing later on the agenda does not include this provision. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fern that the report be received and filed and the by-law be approved. See By-law No.73-167 - 5 - Reports (Cont'd) No. 348 - City Manager - Re: Armstrong and Part of Lot 9,Block S, Plan 35. Recommending an amendment to By-law No.6979,1965, to correct the description of property now included in the parking lot at the north-west corner of Ontario Avenue and Huron Street and to authorize a quit claim deed to Ted and Gerald Armstrong ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and adopted. See By-law No.73-163 No. 349 - Verbal report of the City Clerk - Re: Agreement with T.Armstrong for the use of part of the Pell Street road allowance in the former Village of Chippaws. Advising that Mr,Armstrong has requested permission to transfer the property in accordance with the agreement. ' ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the request be approved. No. 350 - City Manager - Re: Ontario Municipal Employees Retirement System (MRS) and reinvestment of Province of Ontario Debentures. Recommending that Council support a resolution submitted by the Municipal Liaison Committee of the Association of Municipalities of Ontario petitioninS the -Treasurer of Ontario to enact amending legislation providing for the re- investment of funds held by OMERS at the interest rates prevailing when Ontario debentures are due on December 31,1973. The resolution also requests that the OMERS Board be authorized to develop more diversified investment policies to obtain the highest possible return from contributions to the Fund and that municipalities have access to the funds. The City Manager advised that during 1962-1968, debenture issues bore interest rates of 5% and 6~% per annum as compared to the present rate of 8%. In addition, the OMERS Act provides that debentures issued by the Treasurer of Ontario on Dec.31,1973,shall not become due for forty years and Mr. Price suggested that 20-year debentures would be more reasonable. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that the report of the City Manager be received and adopted and the resolution from the Association of Municipalities of Ontario be endorsed. No. 351 - City Manager - Re: Driveway Depression - 6876 Palis Crescent. An advisory report regarding Mr. Scordinola request for an extension of an existing driveway at 6876 Palis Crescent. The report suggests it would be desirable to have a Council policy on driveway depressions particularly relating to new subdivisions and residential development and several recorm~cndations for inclusion in such a policy are enumerated in the report. ORDERED on the motion of Alderman Thomson, seconded by Alderman HatriSen that the report be received and Council adopt a policy on driveway depressions as contained in the report. The motion Carried with Alderman Puttick voting contrary and all others in fayour. ' No. 352 - City Manager - Re: Erection and maintenance of fences and gates around privately-owned outdoor swimming pools~ Advising that a by-law appearing later on the agenda, if approved by Council, will require fencing for any non-permanent swimming pool as well as permanent pools; recon~nending that the By-law be approved. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that By-law No.73-159 be brought forward for co~sideration at this time. Members of Council expressed their views of the proposed by-law and the following questions were raised: 1) Will fences ~rected in accordance with the earlier by-law have to be re- constructed? 2) Will a completely fenced yard or entire property comply with the provisions of the proposed by-law? 3) What ~ype of fence would actually prevent climbing? 4) How much time will'be allowed for erection of fences after the by-law is approved? 5) What should the distance be between the pool and the fence? 6) Has consideration been given to portable ladders and other safeey equipment now available? , - - 6- ' Report 4~352 (Cent'd) During the discussion it was also suggested that 25" pools~ not required to be fenced according to the by-law, are hazardous for small, younger children. Also, while the by-law refers to 25" and 42" pools, the owners of 30" and 36" pools will also be effected. ReconsideraLien of the 'retroactive' features of the by-law was also suggested. ORDERED on the motion of Aldernmn Wallace, seconded by Alderman Walker that the report of the City Manager and By-law No. 73-159 requiring the fencing of privately-owned swimming pools, be received and tabled for two weeks pending further consideration by City Staff. No. 353 - City Manager - Re: 1973 Current-Budget item for South End Depot. Recommending acceptance of the quoted $2,245. submitted by Tower plumbing and Heating for the supply of additional washroom fixtures, relocation of existing plumbing and labour cost on a complete plumbing installation for increased washroom facilities at the Southh End Depot (Chippawa). ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the report he received and adopted. See Resolution No.95 No. 354 - City Manager - Re: Contract for Westlane Village Subdivision - R.C.ZS-73. Recommending acceptance of the unit prices submitted by Hard Rock Paving for the construction of base roads in the Westlane Village Subdivision (V.L.A.) ORDERED on the motion of Alderman Christensen,seconded by Aldermen Walker that the report be received and adopted. See Resolution No.96 No. 355 - City Manager - Re: Tender for painting of structural steel in the Niagara Falls Arena - Contract B.P.26-73. Advising that no bids were received for the work-and local painting firms have indicated that the tendering period was too short and have agreed to submit bides for a tender opening on Friday, July 13, 1973. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the report he received and filed and Council approve the action taken by City staff. No, 356 - City Manager - Re: Contract NO.G.C.24-73, Underground Installations for Niven Subdivision. Recommending acceptance of the unit prices submitted by Mavic Construction Limited. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. ~ See Resolution No.97 No. 357 - City Manager - Building Permits issued for the month of June, 1973. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that the report be received and filed. No. 358 - City Clerk - An advisory report regarding letters of appreciation from the Niagara District Fire Fighters' Association and the St. John Ambulance as well as a notice regarding the calling of tenders.for certain projects. ORDERED on the motion of Alderman Runt, seconded by Alderman Mann that the report be received and filed. No. 359 - City Clerk - Recunm,ending approval of Municipal Litantes. ORDERED on the motion of Alderman Christensen, seconded by Alderman Runt that the report be received end adopted and litantes granted. No. 360 - City Manager - Recv,~,ending payment of Municipal Accounts. ORDERED on the motion of Alderman Runt, seconded by Alderman Walker that the report be received and adopted with the exception of Cheque No.12012 In the amount of $1000. payable to Air Show t73 Sponsorship Con~nittee. Alderman Puttick and Alderman Christensen had raised questions regarding the legality of the contribution and the matter was re~erred to the City Solicitor for clarification. The motion CarriSd with the following vote: AYE: Aldermen Christensen, Hunt, Mann, Marrigsn,Puttick,Walker,Wallace. NAYE: AIdermen Fern, Smeaton, Schisler and Thomson. e - 7- Reports (Cent'd) No. 361 - City Manager - Re: Request from Regional Solicitor that a by-law be · passed by area municipalities to permit land to be used for public purposes, either by the Region or the Municipality. The report recommends that the specific exemption be applied to the entire Municipality by means of one by-law; that the Regional Solicitor be request to draw up of a draft of the by-law; that the Region arrange with the O.M.B. that notification of the by-law can be by a notice in the press rather than a m ling to each household; that the by-law be based on the type of exception mentioned in the City's draft Zoning By-law, Section 3.1; that items such as sanitary landfill sites, service garages, polldtion control plants and regional incinerators not be permitted in areas zoned Residential and that the by-law also allow municipal public works to be constructed subject to the same restrictions. ORDERED on the motion of Alderman Thomson, seconded by Aiderman Walker that the report be received and adopted and a copy forwarded to Regional officials. RESOLUTIONS No. 93 - MANN - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls certify that the application of Cascade Inn for the rezonlng of property known as Part of Ranges 18 and 19 and Part of Clark Street (closed) according to the City of the Falls Company Plan in the City (formerly Town) of Niagara Falls, situated on the north side of Murray Street, conforms to the Official Plan Amendment Number 28 of the Niagara Falls Planning Area as amended. and approved by the Minister of Treasury, Economics and Inter-. governmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 94 - SMEATON - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls certify that the application of Creson Investments Ltd. for the rezoning of property known as Pt. Twp. Lot 45 and situated on the west side of Dorchester Road, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Treasury, Economics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 95 - HUNT - FERA - RESOLVED that the quoted amount of $2,245.00 submitted hy Tower Plumbing and Heating for the supply of additional washroom fixtures, relocation of existing plumbing and labour cost on a complete plumbing installation for increased washroom facilities at the South End Depot (Chippaws) be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 96 - CHRISTENSEN - WALKER - RESOLVED that the unit prices submitted by Hard Rock Paving for the construction of base roads in the Westlane Village Subdivision (V.L.A.),Contract R.C.25-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No.97 - MANN - HUNT - RESOLVED that the unit prices submitted by Marie Construction Ltd. for underground installations in the Niven Subdivision, Contract No.G.C.24-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously .NOTE - RESOLUTIONS 98,99 & 100 SEE MINUTES OF COUNCIL C0i~4ITTEE - JULY 9th,1973 BY-lAWS No. 73-156 - A By-law to appoint Alderman Ketghan as an alternative representative to the Regional Council. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanhnously ORDERED on the motion of Aldermsn Mann, seconded by Alderman Fern that the by-lsw be now given a second and third reading. Carried Urmnimously -8- By-laws (Cent'd) No. 73-157 - A By-law to appoint Alderman Keighan to act in the place of the Mayor on the Niagara Falls Public Library Board and certain commissions. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Christensen that Aldernmn Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-158 - A By-law to appoint members of The Niagara Falls Community Centres Board. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that the By-law be now given a second and third reading. Carried Unanimously No. 73-159 - A By-law for requiring the fencing of privately-owned swimming pools. Note: The By-law was tabled for two weeks for further consideration. See Page 5,Report 4352 No, 73-160 - A By-law to authorize the execution of a license agreement with William H. Gerber. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Aldernmn Hunt, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimousl7 No. 73-161 - A By-law to allow the maintaining and using of a building which encroaches on Erie Avenue. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Thomson be grnnted leave to introduce the By-law and the By-law be g~ven the first reading. Carried Unanimnusly ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Christensen that the By-law now be given second and third readings.. Carried Unanimously No. 73-162 - A By-law to authorize the execution of a grant of easement from The Hydro-Electric Power Comission of Ontario for a storm sewer and outfall. ORDERED on the motion of Alderman Mann, seconded by AIdermau HarriSan that Alderman Hunt be granted leave to introduce the By-law and the By*law be given the first reading. Carried Unanimously ?. - 9- By-law No.73-162 (Cent'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimously No. 73-163 - A By-law to amend By-law No.6979,1965 and to authorize the execution of a quit claim deed to Ted Armstrong and Gerald Armstrong. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that Alderman Thomson be granted leave to introduce the By-law and the By-law be given the first reading, Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the By-law he now given a second and third reading. Carried Unanimously No. 73-164 - A By-law to authorize the execution of s site plan agreement with Galco Holdings Limited. (Cascade Inn,north side of Murray Street) ORDERED on the motion of Alderman Hunt, seconded by Alderman Harrigan that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Fern that the By-law be now given a second and third reading. Carried Unanimously No. 73-165 - A By-law to amend By-law No. 5335, 1955~ as amended (Galco Holdings) ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Fern that the By-law be now given a second reading. Carried Unanimously No, 73-166 - A By-law regarding the maintenance, management, regulation, control and taking overof certain cemeteries. ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that the By-law be now given a second and third reading. Carried Unanimously No. 73-167 - A By-law to designate certain plants as noxious weeds. ORDERED on the motion of Aldermn 8thislet, seconded by Alderman Christensen that Alderman Farabe granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Fete, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously - 10 - By-laws (tout'd) No. 73-168 - A By-law to authorize the execution of an agreement with Merit Construction Limited for the construction of sewermains and watermains. (Niven Farm Subdivision) ORDERED on the motion of Alderman Mann, seconded by Alderman HarriSon that Alderman Fera be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously il No~ 73-169'-A By:law to authorize the execution of an agreement with Hard Rock ~dvfngIComPanY L~mited for the construction of roads. ORDERED on the motion of Alderman Schisler, seconded by Alderman Puttick that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimously No. 73-170 - A By-law to provide monies for general purposes. ORDERED en the motion of Alderman Wallace, seconded by Alderman Fera that Alderman Hunt be granted leave to introduce the By-law, as amended, and the By-law be given the first reading. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fera, Mann,Harrigan,puttiek,Walker,Wallace,Tho~: ~E:Aldermen Smeaton, Schtaler.~nd Thcnison. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law, as amended, be now given a second and third reading. The motion Carried with the following vote: AYE: Aldermen Christensend' Hunt, Fera, Mann, Harrigan,put~fek,Watker,Wallace, Thomson. NAYE:Aldermen Smeaton and Sehisler. NEW BUSINESS OAKES DRIVE Alderman Christensen expressed his concern about the delay in repairing Oakes Drive and enquired as to when Council would receive a report on the matter. It was the Alderman's understanding that reconstruction would not co~ence/unti1 ~he end of September and he suggested that traffic lights b~'instal~ed' ~t the intersection of McLeod Road and Stanley Ave. in the 'interim. Alderman Thomson, Council's representative on the Niagara Parks Con~ission, said the Commission had only recently received information from the consultants and the extent of the work and the cost involved Will require sedans consideration. He confirmed that there had bean some discussion regarding postponement of the work until the end of the tourist' season because of the additional inconvenience to residents and tourists as it will be necessary to close both lanes on Oakes Drive. The Conmission will meet within a week to consider the consultants' report. Alderman puttick suggested placing an advertisement in the local newspaper apologizing for the inconvenience and suggesting residents use the q.E.W. as an alternate route. The City Engineer reported that Regional officials have been made aware of the urgency of the matter and traffic lights will be installed at the McLeod Rd.-Stanley Ave. intersection as quickly as possible. In the meantime Regional police are stationed at the intersection from 3:30 p.m. to 5:30 p.m. . .... 11. - 11 - New Business (Cant'd) It was then moved by Alderman Christensen, seconded by Alderman HerriSen that Regional authorities be petitioned to install traffic lights at the intersection of McLeod Road and Stanley Avenue as quickly as possible. The motion ~rried unanimously. NIAGARA FALLS MEMORIAL ARENA It was moved by Alderman Puttick, seconded by Alderman Christensen that members of Council, as the Arena Board, now be provided with monthly reports regarding the activities at the Niagara Falls Memorial Arena, the hours ave ilable and income received from rental of the facilities. The motion Carried unanimously. LIONS' CLUB MIDGET BASEBALL TEAM Alderman Puttick advised that the Niagara Falls Lions' Club Midget Baseball Team are Ontario Champions and Wil~ be competing in Quebec for. the Eastern Canadian Championship on August llth and 12tb. If the team gains the Eastern Canadian Championship, they will then compete for the Canadian Championship at Burr Head, Alberta. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the City Manager prepare a report regarding the possibility of providing financial assistance, up to $1000.00, to the Lions~ Club Midget Baseball Team.- The motion Carried Unanimously. SKI RUN In reply to comments by Alderman Hunt regarding the establishment of a ski run in the municipality, the City Engineer indicated that the matter was being investigated and consideration given to designing the former landfii1 site at Mantrout Road and McLeod Road for ski and toboggan runs. Willoughby Park, he said, could also be considered as a possible site. RECREATION PARK -CRaWLAND AREA Alderman Schisler advised that the recreation area in the former Township of Crawland, adjacent to the No.6 Firehall, will be opened officially on July 18th. Acting Mayor Keighan and another Council representative will be lnvited to attend. PROPOSED POLICE BUILDING Alderman Walker suggested that Mr.D.Chapman, Architect, meet with Council and submit a progress report regarding the status of the proposed police building. The City Manager advised that many meetings had been held with City staff and police officials and he was meeting with Mr. Chapman on Tuesday, 3uly 10th, at which time he would convey Council's wish for a pre- sentation by the architect as soon as possible. COMMiTTEE MEETINGS Members of Council questioned the necessity of Council meeting every week.during the Summer.months. The City Manager suggested that regular meetings and one committee meeting per month may suffice. A Council Colmaittee meeting will be held on July 16th. ADJOUR/~ENT The meeting adjourned to Committee of the Whole on the motion of Alderman Christensen, seconded by Alderman Walker. READ AND ADOFEED, e :ring Mayor - 12- COMMITTEE OF THE WHOLE Committee Room #1 July 9, 1973. Council met in Con~nittee of the Whole following a regular meeting held Monday, July 9, 1973. All Members of Council were present with the exception of His Worship Mayor George Bukator. Alderman Wallace presided as Chairman. Following consideration of the items presented it was moved by Alderman Thomson, seconded by Alderman Puttick that the Committee of the Whole arise and report. READ AND ADOPTED, Clerk COUNCIL MEETING Committee Room #1, July 9, 1973. Council reconvened in open session following a Conm~ittee of the Whole meeting held July 9, 1973. All Members of Council were present with the exception of His Worship Mayor George Bukator. Acting Mayor R. Keighan presided as Chairman. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that Council ratify the 1973-1974 Memorandom of Agreement as at the Conciliation Officer's stage of negotiations and as signedlby the City's Negotiating Con~nittee and Local,133, Canadian Union of Public Employees, The meeting adjourned on the motion of Alderman Smeaton seconded by Alderman Walker. READ AND ADOPTED, THIRTY-THIRD MEETING SPECIAL MEETING Committee Rooms 2 & 3 July 16, 1973. Following a Council Committee meeting on Monday, July 9, 1973, Council reconvened in formal Council sess ion on the motion of Alderman Harrigan seconded by Alderman Smeaton. All Members of Council were present with the exception of His Worship Mayor George Bukator and Alderman Mann. Acting Mayor Robert Keighan presided as Chairman. COMMUNICATIONS No. 88 - Kinsmen Club of Chippawa - Requesting permission to operate a beer and wine garden at Firemen's Park in conjunction with a dance. No. 89 - Niagara Falls Jaycees - Requesting permission to hold "Summerfeat '73" at the Niagara Falls Memorial Arena, August 24 and 25, 1973 and requesting support of an application to the Liquor Licence Board for a special occasion permit, OPd]ERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the communications be received and the requests of the Kinsmen Club of Chippawa and the Niagara Falls Jaytees be approved subject to approval by the Liquor Control Board of Ontario, the Fire and Police Departments and the Regional Health United; and, further, that Council adopt a policy whereby City officials are granted authority to approve applications for permission to sell beer providing all necessary approvals have been obtained. No. 90 - Niagara Promotion Association - Suggesting the City arrange for a homecoming reception for Miss Debbie Ducharme, Miss Dominion of Canada;suggesting s reception be held at the Refrectory Restaurant with dignitaries such as members of Council, provincial and federal representatives and the Mayors of Regional Niagara being present. ORDERED on the motion of Alderman Thomson, seconded by Alderman Narrigan that the communication be received and filed and arrangements be made for a public Civic Welcome for Miss Ducharme at the City Hall. RESOLUTION No.98 - FERA - WALKER - RESOLVED that the unit prices submitted by Traven Painting Ltd. for the painting of structural steel in the Niagara Falls Arena be accepted; AND the Seal of the Corporation be hereto affixed. The motion ~arried with Alderman Schisler voting contrary and all others in fayour. BY-LAWS No. 73-171 - A By-law to authorize the construction of certain works as Local Improvements under Section 12 of The Local Improvement Act.(TWO READINGS ONLY) ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that Alderman Harrigan be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimouslx ORDERED on the motion of Alderman Harrigan, seconded by Alderman Hunt that the By-law be given a second reading. Carried Unanimously No. 73-172 - A By-law to authorize the execution of an agreement with Her MAJesty The Queen in right of the Province of Ontario represented by the Minister of Transportation and Communications for the Province of Oatario. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that Alderman Wallace be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on t~ motion of Alderman Wallace, seconded by Alderman 8chisler that the By-law be now given a second and third reading. garried Unanimously By-laws (Cont'd) No. 73-173 - A By-law to authorize the execution of an agreement with Traven Painting Limited for the painting of the structural steel in the Niagara Falls Memorial Arena. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Wallace be granted leave to introduce the By-law and the By-law be given the first reading. The motion Carried with Alderman Schisler voting contrary and all others in layout. ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that the By-law be now given a second and third reading. The motion Carried with Alderman Schisler voting contrary and all others in . favour. NEW BUSINESS NEW POLICE BUILDING Alderman Walker expressed his concern about the delay in presenting the plans of the proposed police building. The City ~nager advised that at the most recent meeting with the architect and regional police officials, several changes had been suggested. The architect is attempting to revise the plans for submission at the next meeting of the Board of police Commissions for approval of the functional design and layout. The plans will then be presented to City Council. It was then moved by Alderman Puttick, seconded by Alderman Smeaton that the Board of Police Commissioners be requested to permit members of the special police building committee, and other interested members of Council, to attend the meeting of the Board when the architect presents the functional design for the approval of the Board. The motion Carried with Alderman Schisler voting contrary and all others in favour. NIAGARA ESCARPMENT Alderman Hunt suggested that the City object to the fact that only one representative will be appointed to the Niagara Connnission Escarpment. It was the Alderman's opinion that the area should have two or three repre- sentatives, HELICOPTERS Alderman Hunt reported receiving complaints from residents of River Road about the noise of low-flying helicopters. Alderumn Harrigan made reference to the limitations imposed by federal authorities relative to the minimum height at which aircraft are permitted to fly. He also pointed out that private citizens have the right to report the registration number of low-flying plans to either the Royal Canadian Mounted Police or the tower at the Niagara District Airport. ORDERED on the motion of Alderman Hattitan, seconded by Alderman Walker that a resolution be forwarded to the Ministry of Transport requesting a change in air regulations for the area, requiring aircraft to fly at a higher altitude because of the noise factor. It was also suggested that a copy of the resolution be forwarded to J .Hueglin, M.P. IMPROVEMENTS AT INTERSECTIONS Alderman Puttick commented on the improvements at the' Thorold Stone Road-Portage Road intersection; at Stanley and Bridge St. and at St. Paul St. and Portage Road. The Alderman suggested that the City's Project Engineer, A. Iamb and Regional officials responsible for the improvements be co~nended, McLEOD ROAD - STANLEY AVE. INTERSECTION Alderman Christensen commented on the traffic problems and hazards crested at the intersection of Stanley Avenue and McLeod Road as a result of the closing of Oskes Drive to southbound traffic. The City Manager confirmed that Regional authorities were aware of the situation and were trying to prevent traffic problems~ It is his understanding that the Region has ordered the necessary equipment and traffic signals will be installed as ' quickly as possible. . ..... 3.' - 3 - New Business -(Cont'd) COMMERCIAL G/hRBAGE PICK-UP Alderman Fera advised that J. Rocco who operates a pool room on Ferry Street has complained that the sanitation department refuses to pick up garbage at his establishment more than once a week although add itional collections are made st an adjacent business. It was explained that conmmrcial establishments requesting more than one weekly garbage pick-up are assessed for the service. The City Clerk was instructed to refer the information to J. SPiers,Superintendent, Sanitation and Sewers, ADJOURNMENT The meeting adjourned on the motion of Alderman Harrigan, seconded by Alderman READ AND ADOPTED, cl;r ......... THIRTY-FOURTH MEETING REGULAR MEETING Council Chambers, July 23, 1973. Council met on Monday, July 23, 1973, 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 George Bukator. Acting Mayor Robert Keighan presided as Chairman. Alderman Thomson offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the minutes of the July 9th and July 16th,1973, minutes be adopted as printed. The motion Carried with Alderman Puttick voting contrary and all others in layout. DEPUTATION FENCING OF SWIMMING POOLS Mr. Bob Wybrow, Jr., was granted permission to address Coucil on the motioh of Alderman Mann, seconded by Alderman Hunt. Mr. Wybrow submitted his views of a proposed by-law regarding the fencing of above-ground pools. He suggested that the fencing will protect only "toddlers" as older children are able to climb almost any type of fence. He recommended s lower maximum exemptibis height for "spinsher" type pools which he described as more accessible and that more consideration be given to 24'~12" pools with a capacity of 3000 gals. Mr. Wybrow also commented on the problems created when pools are cut into the aide of hills or terraces which results in a variance in the height of the pool from grade. He suggested the number of feet out from the base of the pool should be specified. Be asked also if a natural fence such as a 6' cedar hedge could be accepted as being of "equivalent strength". In regard to the required fencing of the entry area, Mr.Wybrow said the by-law ignores the availability of excellent safeguards which could serve as alternatives to the fence and gate proposal. The speaker requested that the passing of the by-law requiring the fencing of privately-owned swimming pools be deferred to provide an opportunity for more study and research and possible implementation in the spring of 1974. In reply to numerous questions, the Building Inspector provided the following additional information: - above-ground pools less than 42" and more than 25" will require fencing. - above-ground pools 42" or over require fencing around the access area only. - pools 24" or less require no fencing if the pool is completely above ground. - no fencing is required for small 12" to 15" portable pools. - the by-law will not effect existing fenced in-ground pools until May 1974. During the discussion, it wan suggested by members of Council that the height of the pools should be measured from grade at a specified distance out from the edge of the pool to eliminate the possibility of a variance in the above-ground measurement when a pool is cut into a hillside or is located on different levels bf ground, Questions were also raised regarding the necessity of a gate being the same height as the fence in cases where the fence may be above standard. It was noted that the by-law does not mention how high the bottom of the gate is to be above ground where a child could crawl under the gate. The City Manager's report regarding the swinmtng pool fence by-law was brought forward for consideration at this time. Report ~ 362 - City Manager - Re: Swimming Pool Fence By-law. Advising that a new by-law implements four changes suggested by the City Council; recommending that the by-law be approved. ORDERED on the motion of Aldermsn Harrigan, seconded by Alderman Wallace that By-law No. 73-159 appearing later on the agenda be brought forward for consideration at this time. - 2- By-law No. 73-159 - A By-law requiring the fencing of privately-owned swimming pools. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Thomson be granted leave to introduce the By-law and the By-law be given the first reading. The motion Carried with Alderman Christensen voting contrary and all oth~rs in favour. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the By-law be now given a second and third reading. The motion Carried with the following vote! AYE: Aldermen Nunt, Fern, Mann, Harrigan, Puttick, Smeaton, Schisler, Walker, Thomson. NAYE:Aldermen Wallace and Christensen. ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that the con~nents and suggestions regarding the by-law requiring the fencing of swimming pools be referred to staff for possible amendments to the by-law. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report of the City Manager, No.362, be received and filed. UNFINISHED BUSINESS GRANT FOR AIR SNOW Report #363 - City Solicitor - Comments re: the legality of the Council making a grant to defray the expense of the air show at the Niagara District Airport; suggesting that the provisions of The Municipal Act are broad enough to cover a grant in aid of the air show provided there is sufficient maney available; advising that a by-law to authorize the grant could be passed by a majority of Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received and filed and a cheque payable to the Air Show'73 Sponsorship Committee in the amount of $1000. be added to the by-law authorizing payment of municipal accounts. The motion Carried with Alderman Christensen voting contrary and all others in layout. JAYCEES SUMMERFEaT AND RENTAL 07 ARENA Report ~364 - City Manager - Recowmending that for the year 1973, the Niagara Falls Memorial Arena be rented to the Niagara Falls Jaytees on August 24th and August 25th for the sum of $300.00. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. LION'S CLUB MIDGET BASEBALL TEAM Report ~365 - Recreation Director - Advising that the Recreation Commission does not support the request of the Niagara Falls Lieo's Club Midget Baseball team for financial assistance in the amount of $1000. to compete for the Canadian Championship. ORDERED on the motion of Alderman Puttick, seconded by AldermanChristensen that Mr. Peter Long be granted permission to-address Council. Mr. Long explained that the Niagara. Falls Lton~s Club Midget Baseball Team are now Ontario Champions and will play against a Quebec team on August llth. If successful in Quebec, the team will travel to Alberta for the Labour Day weekend and compete for the Canadian championship. lie said the schedule does not allow sufficient time for fund-raising activities to raise the required $5000. A donation of $1,000. from the City would start a fund and enable officials to make the necessary reservations, Should the team be defeated in Quebec, the money will not be needed. It was moved by Alderman Mann, seconded by Alderman Fern that the report be received and Council adopt the rec~uaendation of the Recreation Conmission that the request for financial assistance be denied. The motion was Defeated with the following vote: AYE~n Fern, Mann,Hunt,Schisler. ~AYE:Aldermen Christensen~ Rarrigan~ Puttick, Smeaton, Wallace,Thomson,Wallace. - 3- Lion's Club Midget Baseball Team (Cent'd) It was then moved by Alderman Puttick, seconded by Alderman Thomson that the report of the Recreation Director be received and filed and the request for financial assistance be referred to the City Manager who, after consulting with Mr. Long, will make a reconunendation as to the amount of the contribution up to a limit of $1000. The motion Carried with the following vote: AYE: Aldermen Wallace. .NAYS:Aldermen NIAGARA FALLS Christensen, Harrigan, Puttick, Smeaton, Wallace, Thomson, Fern, Mann, Hunt, Schisler. MEMORIAL ARENA Report #366 - City Manager - Re: Niagara Falls Conununity Centre Board - Niagara Falls Memorial Arena. An advisory report regarding the summer operations of the Niagara Falls Arena. ORDERED on the motion of Aldernmn Hunt, seconded by Alderman Puttick that the report be received and filed. AUTO PETRO INVESTMENTS Report #367 - City Clerk - Re: Application of Auto Petre Investments for a zoning amendment to legalize an existing service station located at the north- east corner of Drununond Road and Scott Street; advising that as a result of the usual notification procedure, a petition bearing 36 signatures objecting to the proposal was received; requesting the direction of Council. Alderman Harrigan noted that the majority of adjacent property owners did not object to the service station o~eration but had s number of other complaints regarding noise and litter. The Alderman suggested that such complaints should be a separate item and should not be connected with an application for rezoning. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and filed and Council reaffirm an earlier decision to approve the application of Auto Petre Investments and the application together with the objections received, be referred to the Ontario Municipal Board for consideration; further, that the complaints of noise, pollution and litter be referred to the Building Department. ' CO~fi~PjNICATIONS No. 91 - T. Cohn and Others - Comments re: Noisy conduct of youths congregating at the corner of Portage Road and Hugging St. ORDERED on the motion of Aldernmn Christensen, seconded by Alderman Hunt that the con~nunication be received and referred to City Staff with authority to i~lement any steps necessary to reduce or eliminate the nuisance. No. 92 - Social Planning Council - Re: Proposal to establish a Regional body for the purpose of co-ordinating social services at the Regional level. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the .communication be received and referred to staff for further information and inF~stigation. REPORTS No.368 - City Clerk - Report of the Council Committee meeting held July 16,1973. 1. Ontario Housing Corporation - Objections to proposed family units. RecommenHation: That the ~hree applications be considered at a special meeting on Monday, August 13, 1973 and objectors be given an opportunity to submit their comments. ORDERED on the motion of Alderman gmeaton, seconded by Aldermen Fern that the date of the special meeting be changed to September 10, 1973. 2. Future Council Meetings e A suggested schedule for meetings of the City Council was approved on the motion of Alderman Thomson, seconded by Alderman Christensen. EXTENSION OFWATERMAIN TO FORD PLANT Rec~,~endstion: That the City Council authorize the extension of water service to the Niagara Glass Plant of the Ford Company of Canada on the understanding that the company will pay to the City an emoont of $11,200, as the Company's share of the cost. m -4- Extension of Watermain to Ford Plant (tout'd) ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the recommendation be adopted. 4. Property Acquisition - Former H.E.P.C. haulage road - The Planning Administrator advised that Ontario Rydro official~ have indicated they ,' want to dispose of a strip of property running fromSt. Paul Avenue to Mountain Road and formerly used as a haulage road. Recommendation: That City Staff he authorized to carry out further negotiations with the H.E.P'.C. of Ontario for the determination of a purchase price for the property. The recommendation of the Council Committee was adopted on the motion of Alderman Thomson, seconded by Alderman Christensen. The motion Carried with Alderman Puttick voting contrary and all others in favour. Report ~369 - City Manager - Statement of Revenue and Expenditures for the six months ending June 30, 1973 for tax supported services and the water and parking meter operations. ORDERED on the motion of Aldernmn Hunt, seconded by Alderman Christensen that the report be received and filed. No. 370 - City Manager - Re: Industrial Lands. Referring to the option of seven lots in the Falls Industrial Park by Dr. Caaper of Germany and advising that Dr. Casper has decided not to purchase the lots at this time; advising that lots 17,18,19,36,37,38 and 39 are therefore available for sale · to other companies. ORDERED on the motion of Aiderman Christensen, seconded by Alderman Mann that the report be received and filed. No. 371 - planning. and Development Committee - Re: AM-19/73, Stamford Construction, Pt.Block A, R.P.56, west side Carroll Avenue. An application to permit the erection of one single-family dwelling; recommending approval of the application subject to the by-law being considered by the Ontario Municipal Board in conjunction with the previous application, AM-2/73, for an apartment building and, further, that Council certify by resolution that the application conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Christensen that Mr. WiIliam Slovak be granted permission to address Council. Mr. Slovak, a Solicitor representing Abex Indus~ries, advised that his clients have filed an objection to the earlier application for a rezoning to permit an apartment building. He re-iterated. the objection of the industrial firm and suggested that if the property reverts to residential ~use, there will be eum~,l~ints of noise, traffic and sewer problems. Approval bf the application, he said, would remove the existing commercial use which acts as a buffer between the plant and the residential area. Mr. Slovak also suggested that the application does not take into account the character of Portage Road which is becoming a highly-developed conm~ercial area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton that the report of the Planning and Development Committee be received and filed and the application of Stamford Construction to erect one single-family dwelling on the west side of Carroll Avenue be denied. The motion Cart.led with Alderman Fera voting contrary and all others in layout. No. 372 - Planning and Development Committee - Re: AM-25/73 M. & G. Cassolato, Lot 743, wear side Buchanan Avenue. An application to erect one' single family dwelling on a lot with 50 foot frontage; reconauending that the application be 'approved and Council certify, by resolution, that the application conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.99 - 5- Reports (Cent'd) No. 373 - Planning & Development Committee - Re:AM-8/73 J.D.Rocco, Pt.Lot 6, Plan 30, north-east corner of May Avenue and Buttrey Street. A rezoning applica- tion to permit the construction of an extension to an existing motel;recormnending approval of the application subject to a site plan agreement and that Council certify, by resolution, that the application for the rezoning of property known as Part Lot 6, Plan 30 sitoated on the north side of Buttrey Street and including a parcel of land having an approximate frontage onButtrey Street of 60 feet and a flankage on May Avenue of 97 feet, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the report be received and adopted. See Resolution No.100 and By-law 73-179 No. 374 - City Manager - Re: AM-6/73 Kenmore Holdings Ltd.,Pt.Twp.Lot 188, east side Dorchester Road,27T-23377. Advising that the draft plan of subdivision has been approved by the Ministry of Treasury, Economics and Intergovernmental Affairs sobject to the conditions and it is now necessary to amend the zoning by-law to implement Council's earlier approval. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and filed and the By-law be given the necessary three readings. See By-law No.73-175 No. 375 - Planning & Development Committee - Re: Am-24/73 City of Niagara Falls, Concession 3, Lot 18, south-east corner Weinbrenner and Sodom Roads. Application for rezoning to permit a proposed recreation complex; recommending approval of the application and that Coancil certify, by resolution, that the application conforms to the Official Plan Amendment No. 29 of the Niagara Falls Planning Area (Willoughby Section). ORDERED on the motion of Alderman Christensen, seconded by Alderman Mann that the report be received and adopted.. See Resolution No. 101 No. 376 - City Manager - Re: Proposed Regional policy for the location of · buildings and structures on land lying adjacent to Regional roads and a request that area municipalities c~mment on the policy prior to August l, 1973; recommending that Council request an extension to September 15th in order to prepare appropriate comments. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the report be received and adopted. The motion'Carried with Alderman Puttick voting contrary and all others in fayour. No. 377 - City Manager - Report of the Regional Public Works & Utilities Conunittee r~garding construction of sidewalks on Regional roads; recommending that the Regional Council be asked to delay further consideration of the report untii area municipalities have an opportunity to examine the recommendations and determine their effect. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the .report be received and adopted. The motion Carried with Alderman Pnttick voting contrary and all others in fayour. ' No. 378 ? City Manager - Re: Maintenance of Regional Roads by Area Municipalities. Submitting information relative to the new policy as it pertains to the City of Niagara Falls and recommending that the Public Works and Utilities Committee be asked to withhold recommendations to provide an opportunity for area munici- palities to weigh the impact of the suggested policy. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted, No. 379 - City Manager.- Re: Changes to Regional Road System. Noting ~hat it is the intention of the Regional Public Works C~m. ittee to recommend to the Regional Council the assumption of Stanley Ave. from McLeod Road to Lyons Creek and Portage Road from Ferry St, to Thorold Road by the Region and that Queen St. from Victoria Avenue to River Road revert to a municipal responsibility; -recon~nending that the Regional Public Works end Utilities Co~waittee be asked to withhold their recommendations as contained in Report BE-1832 with the exception ~f reco~nendation Noo2 respecting the Stanley Ave. extension, until such time as the City Council and Staff have an opportunity to consider the suggested changes and con~ent thereon; recommending further that Council suggest a date at which time changes to the Regional Road System and proposals Tot the Portage- Drummond-Morriaon area can be discussed. -6- Report ~379 (Cent'd) ORDERED on the motion of AIderman Wallace, seconded by Alderman Mann that the report be received and the first recommendation pertaining to the Public Works Conunittee Report DE-1832 be adopted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that Council meet with the Regional Public Works Committee on Thursday, August 30 at 4:00 p.m. at Regional Headquarters for the purpose of discussing changes to the Regional Road System and proposals for the Portage-Drummond- Morrison area. No. 380 - City Manager - Re: Roads and Sidewalks, Heritage Subdivision. Contract R.C.27-73. Recommending that the contract for road and sidewalk construction be awarded to Steed and Evans Ltd. who submitted the lowest tender in the amount of $117,837.00. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the report be received and adopted. See Resolution No.10 No. 381 - City Manager - Re: Protective Clothing Tender. Recommending acceptance of the tender submitted by Audibert~s Mengs Wear in the per unit amount of $5.43 for pants and $4.79 per unit for shirts, with an aggregate value of approximately $5,000.; recommending further that Council accept the low tender submitted by Rosbergs Department Stores for the supply of coverails at a per unit price of $8.38 with an approximate value of $335.70. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the report be received and adopted. See Resolution No.10 No. 382 - City Manager - Re: Hydraulic Cleaning of Sewers & Culverts. Recommending that the unit prices submitted by Sanitank Inc. be accepted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the report be received and adopted. · See Resolution No.10~ No. 383 - City Manager - Re: Closed Circuit Television Inspection of Sewers. Reconmending acceptance of the unit prices in the total amount of $4,440. submitted by Sanitank Inc. ORDERED on the motion of Alderman Thomson,s~eB~d by Alderman Wallace that the report be received and adopted. See Resolution No.10' No. 384 - City Manager - Re: Purchase of New Equipment 1973. Recommending acceptance of the following tenders: Item 1 - Compact Automobiles (2) - Motorville Car Sales - $5,431.02. Item 2 -,.~{naow Van Truck (1) - Autoland Chrysler - $3,948.30 Item 3 - 3/4 Ton Pick Up Trucks (3) - Autoland Chrysler - $11,126.93 Item 4 - 20 CU. YD. Refuse Packers (3) - Wheels, Brakes Equipment - $24,041.76 Item 5 - 27,500 lb. G.V.W.Truck Chassis (3) - Archer Truck Service - $34,507.50 Item 6 - 160 H.P.Road Grader (1) Dominion Road Machinery - $34,400.50 Item 7 - 2 1/2 cu.yd.front end Loader (1) - Turney Equipment - $36,806.93 Item 8 - 4 - 6 Ton Paving Roller (1) - Capital Equipment Ltd., - $10,087.96 Item 9 - Hydraulic Truck Crane (1) - WaJsx Industries Ltd. - $7,488.60 Item 10 - 16" Brush Chipper (1) - Duke Lawn Equipment - $5,989.86; ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the report be received and adopted. See Resolution No;10. No. 385 - City Manager - Resolutions from Ontario Municipalities. 1. City of Windsor - Petitionlug the Provincial Government to advance the date of the sitting of the Assessment Review Court. Recommendation: The resolution be endorsed and the appropriate authorities be so notified. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fare that the resolution from the City of Windsor be received and endorsed. 2. City of Guelph Requesting an amendment to The Public Schools Act to - provide for the filling of vacancies on divisional Boards of Education. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the resolution be received and endorsed., Report #385 (Cent'd) City of Windsor - Requesting the Ontario Government to consider certain problems arising as a result of motor vehicles not operated on public highways. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the resolution be received and endorsed. 4. Town of Mississauga - Requesting amendments to The Highway Traffic Act to require motorists to stop each time s school bus stops to receive or discharge all students regardless of their direction of travel. The report advises that the Ontario Traffic Conference has a committee investigating this particular subject and suggests that Council express any concern to the committee rather than endorse a resolution which may create greater problems than presently exist. ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that the resolution from the Town of Mississauga be received and filed. The motion ~arried with Alderman Thomson voting contrary and all others in favour. 5. City of St.Catharines - Requesting that municipalities be granted permission to issue lottery licences for prizes up to, but not exceeding, $5,000. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the resolution be received and endorsed. 6. City of Hamilton - Requesting the Government of Canada to provide legislation for the removal of obstrnction by trains to emergency vehicles. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the resolution be received and endorsed. The motion Carried with Alderman Wallace voting contrary and all others in favour. 7. Town of Oakville - Requesting the Province to amend existing legislation to provide for the issuance of a ticket system for dogs running at large and to request the licensing of cats. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the resolution be received and filed. City of Thunder Bay - Requesting the Federal Government to develop programs for providing accommodation for travelling youth. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the resolution be received and filed. No. 386 - City Clerk - Advisory Report. The report includes information regarding the installation of traffic signals at McLeod Road and Stanley Ave. as well as other installations to be made in the City during 1973; information regarding the situation on the Tarczy property on Beaverdams Road; the installation of two-way radio equipment in fifteen Transit Commission vehicles; increased taxicab meter rates; a proclamation regarding water restrictions and two newspaper articles concerning local governments. Alderman Puttick referred to the communication received from Mr.J.B. Hopkins regarding the Tarczy property on Beaverdams Road and moved that the dead- line for cleaning up the property be extended to August 1,-1973. The motion was seconded by Alderman Smeaton. The motion Carried with Alderman Wallace declaring his interest and abstaining from voting. Alderman Smeaton questioned if the ' property owners would be required to move all car wrecks and the matter was referred to the City Clerk. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the remaining items in the advisory report be received and filed. No. 387 - City Clerk - Application of J & S Company for a Transient Traders Licence to operate from the former Leitch Home Furnishera building at 5841 Ferry Street; application for an auctioneer licence from M.Wilson & Company. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and filed and the applications be denied. No. 388 - City Clerk - Recommending approval of Municipal Licences. · ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted and licences granted..' No. 389 - City Manager - Recommending payment of Municipal Accounts. The report was amended to include payment of $1,000. to Air Show '73. OPaERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be receivcd and adop~ed. Alderman Christensen indicated his objections to two payments to the Downtown I~provement Area and voted contrary to the motion. RESOLUTIONS No. 99 - MANN - HUNT - RESOLVED that the Council of the Corporation of the City of Niagara Falls certify that the application of M. & G. Cassolato for the fezcuing of property known as Lot No. 743, Plan 2628, located on the west side of Buchanan Avenue, conform$ to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Treasury, Economics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 100 - MANN - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls certify that the application of J. Rocco for the rezoning of property known as Part Lot 6, Plan 30, situated on the north side of Buttrey Street and a parcel of land having an approximate frontage on Buttrey Street of 60 feet and a flankage on May Avenue of 97 feet, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Treasury, Economics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 101 - CHRISTENSEN - MANN - RESOLVED that the Council of the Corporation of the City of Niagara Falls certify that the application of the Cityof Niagara Falls for the rezonlng of property known as Concession 3, Lot 18 and located at the south-east corner of Wainbrenner and Sodom Roads and known as the former StarliCe Theatre property, conforms to the Official Plan Amendment No. 29 of the Niagara Falls Planning Area (Willoughby Sect[on)as amended and approved by the Minister of Treasury, Economics and Intergovern- mental Affairs; AND the Seal of the Corporation be hereto affixed. i Carried Unanimously No. 102 - THOMSON - WALLAC~ - RESOLVED that the contract for road and sidewalk construction in the Heritage Subdivision, Contract R.C.27-73,be awarded to Steed and Evans Ltd. st the tendered amount of $117,837.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 103 - THOMSON - WALLACE - RESOLVED that the tender submitted by Audibert's Men's Wear in the per unit amount of $5.43 for pants and $4.79 per unit for shirts, with an aggregate value of approximately $5,000.00 be accepted; and, further, that the tender submitted by Rosbergs Department Stores for the supply of coverails at a per unit price of $8.38 with an app~oximate value of $335.70 be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 104 - THOMSON - WALLACE - RESOLVED that the unit prices submitted by Sanitank Inc. for the hydraulic cleaning of sewers and culverts be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 105 - THOMSON - WALLACE - RESOLVED that the unit prices submitted by Sanitank Inc. in the total amount of $4,440.00 for closed circuit television inspection of sewers be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 106 - THOMSON - WALLACE - RESOLVED that the following tenders .for the purchase of new equipment in 1973, be accepted: 1. - Compact Autnmobiles(2) - Motorville Car Sales - $5,431.02 2. - Window Van Truck(l) - Autoland Chrysler - $3,948.30 3, ~ 3/4 Ton Pick-Up Trucks (3) - Autola~d Chrysler - $11,126.93 4. - 20 cu.yd. Refuse Packers (3) - Wheels, Brakes Equipment - $24,041.76 5. - 27,500 lb.G.V.W.Truck Chassis (3) - Archer Truck Service - $34,507~50 6. - 160 H.P.Road Grader (1) - Dominion Road Machinery - $34,400.50 7. - 2 1/2 cu.y, Front End Loader (1) - Turney Equipment Ltd. - $36,806.93 8. - 4 - 6 ton Paving Roller (I) - Capital Equipment Ltd.'- $10,087.96 9. - Hydraulic Truck Crane (1) - WaJax Industries Ltd. - $7,468.60 10. - 16" Brush Chipper (1) - Duke Lawn ~quipment - $5,989.86; AND the Seal of.the Corporation,be hereto affixed. Carried Unanimously - 9 - No. 107 - MANN- CHRISTENSEN - RESOLVED that Acting Mayor Robert F. Keighan be authorized to issue a proclamation declaring Monday, August 6, 1973, as a Civic Holidayin the City of Niagara Falls; that all Civic Buildings remain closed on August 6, 1973 and the regular meeting of Council normally scheduled for that date be held on Tuesday, August 7th, 1973, commencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslZ No. 108 - WALLACE - HUNT - RESOLVED that pursuant to The Peblic Transportation and Highway Improvement Act, the Council of the City of Niagara Falls hereby petition for interim payment for public transportation expenditures during the year 1973 in the total amount of $194,254.65; AND the Seal of the Corporation be hereto affixed. Carried UnanimonslZ No. 109 - MANN - SCHISLER - 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 Falls; AND the Seal of the Corp~ ation be hereto affixed. Carried UnanimouslZ No. I10 - WALLACE - HARRIGAN - RESOLVED that the Council of the City of Niagara Falls authorize a request being made to the Ontario Municipal Board to have a date fixed for the hearing of the City's application for the approval of Official Plan Amendment No. 57 and Zoning By-law Amendment No. 72-138; AND the Seal of the Corporation be hereto affixed. Carried UnanimouSl~ BY-LAWS No. 73-105 - A By-law to authorize improvements to the electrical power distri- bution system of the City. (The by-law was given a first and second reading on May 14, 1973) THIRD READING - Alderman Mann and Alderman Hunt. Carried Unanimously No. 73-159 - A By-law for requiring the fencing of privately-owned swimming pools, (See Page 2) No. 73-174 - A By-law to authorize the execution of an Agreement between the Corporation of the City of Niagara Falls and Canadian Union of Public Employees, Local Union Number 133. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fers that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Mann that the By-law be now given a second and third reading. The motion Carried with Alderman Puttick voting contrary and all others in fayour. ' No. 73-175 - A By-law to amend By-laws No. 2350, 1959 and 2530,1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Kenmore Holdings) ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the .first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously ,[ - 10 - By-laws(Cont'd) No. 73-176 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Fells, as amended. (Cassolato) ORDERED on the motion of Alderman Mann, seconded by Aldernmn Hunt that Alderman Wallace be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Wallace, seconded by Alderman ~hrtstensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-177 - 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. (Stamford Construction) ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that Alderman Fera be granted leave to introduce the By-law and the By-lsw be given the first reading. NOTE: The By-law was deleted from the Agenda. See Page 4, Report ~371. No. 73-178 - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby. (Starlira Theatre Property) ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Christensen be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Runt that the By-law be now given a second and third reading. Carried Unanimously No. 73-179 - A By-law to authorize the execution of a site plan agreement with Joseph D.Roeco and others. (North-east corner Buttrey and May Ave.) ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-laW. be,~ive~the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Aldeman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-180 - A By-law to amend By-law No. 5335, 1955, as amended. (J.Rocco) ORDERED on the motion of Alderman 8chisler, seconded by AIderman Wallace that Alderman Thomson be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Aldermen Thomson, seconded by Alderman Wallace that the by-law be now given a second and third reading. Carried Unanimously - 11 - By-laws (Cont'd) No. 73-181 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of roads and sidewalks. (Heritage Subdivision) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried UnanimoRsty No. 73-182 - A By-law to amend By-law No. 73-73 (Dominion Construction Ltd.) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By-lnw be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Fmnn, seconded by A~ erman Christensen that the By-law be now given a second and third reading. Carried Unanimou.sly No. 73-183 - A By-law to authorize the sale of land in the Falls Industrial Park. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen thst the By-law be now given a second and third reading. Carried Unanimously No. 73-184 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that Alderman Hunt be granted leave to introduce the By-law, as amended, and the By-law be given the first reading. The motion Carried with Alderman Chriatens~n voting contrary and all others in fayour. ORDERED on the motion of Alderman Hunt, seconded by Alderman Harrigan that the By-law be now given a second and third reading. The motion Carried with Alderman Christensen voting contrary and all others in layout. NEW BUSINESS PARKING LOT - McGRAIL AVE. AND SPRING ST. Alderman Smeaton requested infornmtion regarding the ownership and policing of a parking lot at the corner of McGratl Ave. and Spring St. in the vicinity of the Venetian Hotel. The Aldermen commented on numerous complaints about noise and activities in the area and the fact that a car has been parked on the lot for about eight weeks. The matter was referred to the City Clerk. ~ote: Alderman Schisler retired from the Council ChamberS. TAX NOTICES Alderman 8meaton enquired about the possibility of giving more notice of tsxes due because of the hardship on persons on fixed income. The City Treasurer explained the procedure aud the time required for the preparation of the tax bills. Earlier finsltzation of the budget, he :se~d, would make it possible to mail notices earlier. - 12- New Business (Cont'd) DRINKING WATER In reply to questions by Alderman Smeaton, the City Engineer explained that the change in the taste of the drinking water was due to higher water temperatures in Lake Erie and the Niagara River and the resulting increased growth.o~aagae.The same situation exists at Port Colborne, Fort Erie and Buffalo. DAMAGE TO TENNIS NETS Alderman Puttick noted that the tennis nets at Ontario Avenue and Ellis Street have had to be replaced on more than one occasion. If this is the result of malicious damage, he said, the nets should not be replaced. The City Engineer did not recommend that the nets be removed pointing out that the tennis courts are used more extensively than others in the City and it is one recreation facility that is provided in this particular area. MURRAY STREET OUTFALL The City Engineer replied to questions by Alderman Puttick and confirmed that the Murray Street outfall had been completed with a substantial saving for the City although the time. " DRUMMOND ROAD-LUNDY'S lANE INTERSECTION Alderman Harrigan suggested that the installation of advance green lights at Drummond Road and Lundy's Lane would help alleviate traffic problems at the intersection. The City Engineer advised that the suggestion has been forwarded to Regional officials for investigation. GLENVIEW AREA Alderman Fera enquired about a communication from a Mr. Berezuk regarding urban renewal in the Glenview area. The Planning Administrator advised that the letter is on file in the Planning Department and new legislation is being studied. C.N.R.PROPERTY-FORI~R VILlAGE OF CHIPPAWA Alderman Christensen suggested that the Canadian ~tiorel Railway be asked to clean up the tracks between Bridgewater Street and Welland Street in the former Village of Chippaws. DRAINAGE ACT Alderman Hunt presented a verbal report regarding a meeting st the Regional offices to discuss implementation of the provisions of the Drainage Act and at which he had spoken on behalf of the municipality. He reported that the meeting was well-stranded and most informative. He mentioned that one of the items of concern to municipalities was the large percentage of engineering costs incurred in implementi~the Drainage Act as opposed to the over-all cost. POLICE BUILDING Alderman Wallace reviewed for the benefit of members of Council, the results of a meeting with representatives of the Police Co~nissio~ on July 19th regarding a proposed new poli~building for the Niagara Detachment. Mr. Chapman had preliminary plans available showing the proposed one-storey building for which the estimated construction cost is $975,000. During the meeting, Mr. Hatch had suggested that the City of Niagara Falls present s proposal to the Police C~ission. Inasmuch as adequate plans suitable for a presentation have been prepared by the architect, it was suggested that the matter should should not be delayed and the City should submit a proposal as quickly as possible. .... Police Building (Cont 'd) - 13 - Alderman Wallace expressed concern about the difficulty he had encountered in trying to obtain ups'to-date information regarding capital projects proposed for the municipality. He suggested that reports concerning major projects such as the new library, the satellite arena, the recreation complex in the Chippaws area as well as the police building should be sub- mitted at regular intervals. Alderman Thomson expressed the opinion that the providing of new police headquarters is entirely a Regional responsibility and the City should not suggest cost-sharing arrangements or offer to contribute the site. It was then moved by Alderman Wallace, seconded by Alderman Walker that City official prepare a complete report on the proposed erection of a police building for the Niagara Detachment of the Regional Police Force with particular emphasis on the financing alternatives available. The motion Carried with the following vote: ~YE: Aldermen Christensen, Hunt, Harrigan, Smeaton, Walker,Wallace. NAYE:Aldermen Thomson, Fare, Mann and Puttick. ACCOUNTS WITH CONTRACTORS Alderman Thomson spoke about the delays in paying contractors as a result of municipal accounts being presented to Council every other week. The City Manager suggested that payment of such accounts need not be delayed because Council has previously approved all contracts and payments are approved by the City Engineer and the City Manager. ADJOURNMENT The meeting adjourned on the motion of Alderman Thomson, seconded by Alderman Puttick. READ AND ADOPTED, Clerk Mayor THIRTY-FIFTH MEETING .S~E_C~AL Committee Rooms 2 & 3 July 30, 1973. excepti of His Worship Mayor George Bukator, Alderman Walker and Alderman Smeaton. Alderman Keighan, as Acting Mayor, presided as Chairman. UNFINISHED BUSINESS Report ~379 (July 23, 1973) - City Manager - Re: Changes to Regional Road System. Advising that it is the intention of the Regional Public Works Committee to recormuend to the Regional Council the assumption of Stanley Avenue from McLeod Road to Lyons Creek and Portage Road from Ferry Street to Thorold Stone Road by the Region and that Queen Street from Victoria Avenue to River Road revert to a municipal responsibility. The Regional Public Works and Utilities Committee was asked to withhold their recommendations as contained in Report DE-1832 until such time as the City Council and City Staff had an opportunity to consider the suggested changes. ORDERED on the motion of Alderman Puttick, seconded by Alderman Barrigan that the Council of the City of Niagara Falls approve the changes to the Regional road system as contained in Regional Report No.DE-1832 as they relate to the City of Niagara Falls. PETITION Comm.#93 - Residents of Loyalist Avenue - re: Relocation of proposed sidewalk. A petition was received from approximately fifteen residents of Loyalist Avenue requesting the relocation of a proposed sidewalk. The City Engineer commented on the request and reviewed the policy adopted earlier by Council with respect to the location of sidewalks. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wallace that the communication be received and filed and the petitioners be notified of the action of Council. The motion Carried with the following vote: AYE: Aldermen Hunt, Fera';' Mann, Puttick, Schisler, Wal lace../al NAY.__~E:Aldermen Christensen, Harrigan and Thomson. NEW BUSLNESS STATEMENT RE: MAYOR BUKATOR Alderman Harrigan presented the following statement: 'For the information of Members of Council and the citizens of Niagara Falls, Mayor Bukator has asked me to make this statement before Council. The Mayor, as you know, suffered a very mild heart attack in late June of this year. Dr. Tom Jamieson and myself, who have artended Mayor Bukator, are pleased to announce that Mr. Bukator has made a complete and uneventful recovery from his illness end was discharged from hospital this afternoon. We are confident that the Mayor's health is now good, but in the interest of keeping Mr. Bukator well, we consider it advisable that he does not return to his duties of office until September 1st. I might emphasize at this time that the office of Mayor of this City is a moat demanding Job. In addition to the daily tasks involved with looking after the City's business, there are many social demands placed upon the Mayor to attend various functions. While it is absolutely necessary for the Mayor to represent the City and its citizens at some functions, there are many others where his presence is not really necessary. The Mayor wishes to emphasize his appreciation for the many kind invitations he has received while in office. His physicians are of the opinion that Mr. Buketor should, as much as possible, devote his energies to the daily tasks of being Mayor and restrict social functions to the reasonable necessary minimum. He has advised accordingly. Mayor Bukator has asked me to convey his thanks to his many well-wishers, to the Members of Council and to yourself, Mr. Keighan, for pitching in and helping out with the many duties of his office during his absence. He is looking forward to getting back into the harness in September." New Business (Cent'd) - 2- ..! RECENT BREAK OF 24" WATERMAIN The City Engineer presented a verbal report of the rupture of the 24" watermain at the intersection of Drummond Road and Murray Street. He indicated the valve was restored on Saturday night after an approximately loss of one million gallons of water. As of the date of this report, the watermain was being rebuilt slowly in order to adequately bleed air from the lines. The City Engineer stated that the main is a Regional responsibility and any costs incurred will be billed to that authority. In reply to questions raised by Alderman Puttick, the City Engineer confirmed that the cost of the water will be billed back to the Municipality. REPAIRS TO THOROLD TUNNEL Alderman Thomson advised Council that approximately six months ago he had talked to representatives of the St.Lawrence Seaway Authority regarding repairs to the east-bound lane of the canal tunnel at Thorold. Since the initial discussion, the water leak had increased and the wall appears to be steadily deteriorating. Work has been carried out with apparently little effect as the leaking water is increasing in volume. Alderman Thomson suggested that Council ask the responsible authority for a statement as to the safety of the tunnel. It was moved by Alderman Thomson, seconded by Alderman Schisler that the Council of the City of Niagara Falls express their concern to responsible authorities regarding the condition of the east-bound lane beneath the Welland Canal at Thorold end for a report as to the potential danger that exists as a reBult of this condition and, further, that the City of St.Catharines and the Regional Municipality of Niagara be solicited for their support in this matter. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Mann, Harrigan,Puttick,gchisler,Thomson. NA"~:Aldermen Wallace and Fern. ADJOURNMENT ORDERED on the motion of Alderman Harrigan, seconded by Alderman Christensen that the meeting adjourn and Members of Council reconvene in Committee of the Whole. READ AND ADOPTED, COMMITTEE OF THE WHOLE Comnittee Room~l, July 30, 1973. Council met in Cmmuittee of the Whole on Monday, July 30, 1973, following a special meeting. All Members of Council were present with the exception of His Worship Mayor George Bukator, Aldermen Smeston and Alderman Walker.' .Alderman Keighan, as presided as Chairman. Following considerat ~resented, the Committee of the Whole arose without Alderman Mann, seconded by Alderman Hunt. READ AND ADOFEED, COUNCIL MEETING Committee Room ~1 July 30, 1973. Council met on Monday, July 30, 1973, following a Committee of the Whole meeting. All Members of Council were present with the exception of His Worship Mayor George Bukator, Alderman Walker and Alderman Smeaton. Alderman Keighan, as Acting Mayor, presided as Chairman. The meeting adjourned on the motion of Alderman Thomson, seconded by Alderman Schisler. READ AND ADOPTED, T P~ THIRTY-SIXTH MEETING Council Chambers, August 7, 1973. REGULAR MEETING Council met on Monday, August 7, 1973, 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 George Bukator, Alderman Smeaton and Alderman Fern. Alderman Walker offered the Opening Prayer. Alderman Keighan, as Acting Mayor, presided as Chairman. ADOPTION OF MINUTES The minutes of a regular meeting held on July 23, 1973, were adopted as printed on the motion of Alderman Mann, seconded by Alderman Walker. UNFINISHED BUSINESS FENCING OF SWIMMING POOLS Report #352 - City Manager - Re: Erection and maintenance of fences and gates around privately-owned outdoor swinnning pools. Advising that a prepared by-law, if approved by Council, will require fencing for any non-permanent swimming pool as well as permanent pools; recommending approval of By-law 73-159. Report #390 - City Manager - Advising that a new by-law to amend By-law 73-159, incorporated three changes suggested by City Council; recommending approval of the amending by-law. ORDERED on the motion of Alderman Walker, seconded by Alderman Harrigan that the report be received and adopted. See By-law No.73-186 SHOPPING PLAZA Report #391 - City Manager - Advising that information has been received that The Oshawa Group Limited wish to withdraw the objection lodged against the application of Mardress Investments for the approval of the Niagara Square Shopping Centre proposal; advising also that confirmation has been received from Mr.B.S.Oayschuk that he wishes to continue opposition to the Niagara Square Shopping Centre on behalf of the Downtown Merchants Association,Stamford Merchants Association, Town & Country Merchants Association and Towers Depart- ment Stores Ltd. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and filed. HYDRO HAUIAGE ROAD Report #392 - City Manager - Advising that the Haulage Road between St.Paul Street and Mountain Road has been declared as surplus by Ontario Hydro and can be ' purchased for $19,575.00; suggesting that the Opinion of Value from Hydro officials is very reasonable and acquisition of the property would tie in with a system of bikewaYs~and walkways and would also act as a connecting link from the North-west Planning District to Firemen's Park and other parks that may be developed on the edge of the escarpment; recommending that the City Manager be directed to acquire the land known as former Haulage Road, being part of Lot 25 and 36 in the former Township of Stamford, at the value as estimated by Ontario Hydro; that funds be obtained from the 5% cash-in-lieu park fund and, further, that development of the property be considered in next year's budget. Alderman Puttick questioned a statement in a letter from Ontario Hydro which indicated that the portion of the property located in Lot 36 was acquired in 1918 at an average cost of $2,444.00 per acre. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the report of the City Manager be received and adopted. The motion Carried with Alderman Puttick voting contrary and all others in fayour. " OPERATION OF HELICOPTERS Report ~393 - City Manager - Re: Operation of Helicopters. Referring to the concern expressed by members of Council relative to the low altitude of sightseeing helicopters; recommending that City Staff, in conjunction with the Air Services Branch of the Department of Transport and the local detachment of the R.C.M.P., be asked to take the necessary steps to register charges against any helicopters violating Section 529 (a) of the Aeronautics Act and Air Regulations; recommending further that copies of the report be distributed to all firms operating helicopters over the City of NiaSsra Falls on both sides of the border. - 2- Operation of Helicopters (tout'd) ORDERED on the motion of Alderman Harrigan, seconded by Alderman Thomson that the report of the City Manager be received and adopted. COMMUNICAT IONS No. 94 - Weir & Foulds - Re: Dorchester Square. Advising that application forms have been filed for amendment to the Official Plan of the City of Niagara Falls and to City zoning by-laws to permit the construction of the Dorchester Square Shopping Centre at the north-east corner of the intersection of the Q.E.W. and Dorchester Road. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Mann that Council reaffirm its decision as expressed by the repeal on April 17, 1973 of By-law 72-130 adopting Official Plan Amendment No. 58 for the Dorchester Square proposal, and refuse the new application submitted by Southill Properties Ltd. on July 26,1973 for an amendment to restricted area by-laws Nos. 2350,1959 and 2530,1960 and the Official Plan. No. 95 - Niagara Regional Board of Conmissioners of Police - Re: New Police Building. Requesting the appointment of a Committee of Council with power to act and the committee, together with the City's architects, be requested to meet with the Board of Police Commissioners during September to discuss the matter of a new police building. ORDERED on the motion of Alderman Thomson, seconded by Alderman Harrigan that the con~nunication be received and arrangements be made for the Special Committee previously appointed by Council, to meet with the Regional Board of Police Commissioners and Council be kept informed of the progress made in this respect. No. 96 - Regional Municipality of Niagara - Re: Traffic Operational Modifications Regional Road 51 (Ferry Street). Advising that the Publ]aWorks and Utilities Connnittee intend to recommend several changes between Stanley Avenue and Buchanan Avenue to improve the flow of traffic on Ferry Street. The recommenda- tions include the removal of traffic signals at the intersection of Ferry St. and Buchanan Ave.; the prohibition of left turns for traffic northbound on Buchanan Ave. st Ferry St.; removal of curb parking on the south side of Ferry St. between Stanley Ave. and Buchanan Ave. and removal of a barrier median on Ferry St. Acting Mayor Keighan noted that the Regional Council had agreed to defer a decision on the matter pending consideration by the City of Niagara Falls. ORDERED on the motion of Alderman Thomson, seconded by Alderman ~hristensen that Mr.D.Marinelli be granted permission to address Council. Mr. MarinelliaddresssdCouncil on behalf of Mr. S. Alfieri Who is the owner of several properties in the Ferry St.-Buchanan Ave. area. He expressed the hope that Council would refer the'con~nunication to City staff and indicated when the matter is again presented, he would be prepared to make additional comments. Mr. MarineIll asked for permission to work in conjunction with staff in the preparing of recuo~aendations because of the detrimental effect of the proposal on the Alfieri properties. He stated that property owners in the area had not been notified of the proposed changes and suggested that once~'the public is aware of the recommendations of the Regional Public Works Con~ittee there would be other objections to the proposal. Alderman Thomson was critical of the fact that the City had no previous notification of the proposed changes and the matter had gone directly from the Public Works Committee to Regional Council. Alderman Puttick suggested a report should include an opinion of value of property at the corner of Stanley Ave.end Ferry Street. Alderman Wallace expressed concern that the Region would not defer the matter indefinitely. The City Manager expressed the opinion that the Region willawait the comments of the City. This point will be verified. It was then moved by Alderman Hunt, seconded by Alderman Christensen that the communication be received and referred to City Staff for preparation of a report. The motion C.arried unanhnously. - 3 - Communications (Cont'd) No. 97 - Mrs.Elmer Mills - Comments re: Neighbourhood Problems. Requesting permission to address Council. It was moved by Alderman Walker, seconded by Alderman Harrigan that the request to address Council be denied and the communication be received and filed. The motion was Defeated with the following vote: AY.__EE: Aldermen H~nt, Harrigan,Walker. NAJ:Aldermen Thomson, Christensen, Mann, Puttick, Schisler,Wallace. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that Mrs. E. Mills be granted permission to address Council. Mrs. Mills elaborated on the complaints which included the lack of consideration for the sick and poor, cruelty to animals and the attitude of the Police Department. It was then moved by Alderman Wallace, seconded by Alderman Mann that the communication be received and filed. The motion ~arried unanimously. No. 98 - Mrs.laura Johns - Expressing appreciation for the paving of Ker Street. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the communication be received and filed. ~EPORTS No. 394 - City Manager - Re: Watermains and Sewermains - Capital Budget. The report advises that funds for a 16"watermain on Main St. (Chippawa)are not included in the Region's waterworks debt; reconmaending that the Main St. watermain be deleted from the City's 1973 capital project program but proceed with the East Q.E.W.service road watermain. Since reconstruction of Main St. has been deferred by the Region, the report also recommends that construction of sanitary sewermains on Main St. and Sarah St. be deleted from the 1973 Capital Budget. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the report of the City Manager be received and adopted. No. 395 - City Manager - Re: Sidewalk Repairs on Victoria Avenue, Contract S.R.30-73. Recommending that the unit prices submitted by D.L.Stephens Contracting for the construction of certain sidewalks on Victoria Ave. be accepted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted. See Resolution No.l12 No. 396 - City Manager - Re: Contract for Local Improvement Work, L,I.29-73. Recommending that the unit prices submitted by D.L-Stephens Contracting for the construction of certain local improvement work be accepted. ORDERED on the motion of Alderman Thomson~ seconded by Alderman Walker that the report be received and adopted. See Resolution No.ll3 No. 397 - City Manager - Re: Two (2) Four-Wheeled Riding Mowers. Recommending acceptance of the-lowest quotation submitted by Ridgeway Farm Equipment in the amount of $2,522.06. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the report be received and adopted. ' See Resolution No.114 No. 398 - City Manager - Re: Brakes,Wheel & Equipment Ltd.-Belated Quotation. Re~onnnendingthat in view of the fact the firm did not include quotations with their tender for the supply of a crane and the price, in any case, would not have been the lowest, the correspondence from the firm be received and filed. ORDERED on the motion of Alderman Walker, seconded by Alderman Hunt that the report and the correspondence received from the firm of Wheels, Brakes & Equipment Ltd.be received and filed. No. 399 - City Manager - Re: Underground Installations,Dell Farm Subdivision, Contract #G.C.32-73. Reconmending that the unit prices submitted by Provincial Construction Limited be approved by Council. ORDERED on the motion of Alderman Walker, seconded by Alderman Mann that the report be received and adopted. See Resolution No.l15 -4- Reports (Cost'd) No. 400 - City Manager - Re: 1951 Seagrave International Pumper.. Reconnnending that the pumper now located at the No.6 Station in the Crowlaud area be sold to the Kearney Volunteer Fire Fighters Association at a price of $1,500. after the new pumper has been delivered to the City of Niagara Falls. ORDERED on the motion of Aiderman Schisler, seconded by Alderman Hunt that the report be received and adopted. No. 401 - City ~nager - Re: Request for exemption from part lot control for Lots 11,14,16,20,21 and 22 of Registered Plan N.S.25 on the south side of Dunn Street (Leawood Estates). Recommending approval of a by-law appearing later on the agenda and that any costs for registration of the by-law following approval by the Ministry, be assumed by the applicant. ORDERED on the motion of Alderman Schisler, seconded by Alderman Walker that the report be received and adopted. See By-law No.73-188 No. 402 - City Manager - Re: Temporary Transformer Substation for Chippaws Public Utilities Commission. Advising that the lease of a small parcel of land on the easterly side of Mechanic Street south of Rapids View Drive used as a site for a temporary transformer substation has expired; recommending approval of a by-law authorizing a new lease which will expire August 31,1974 with an option to renew for s further two year pe~od at the same rental of $200.00 per year. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See By-law No.73-187 No. 403 - City Manager - Recommending that the Regional Municipality be requested to issue debentures in accordance with the terms and amounts set out in a schedule attached to the report and the City confirm that it has entered into a contract for or authorized the commencement of all %urks or p~ojecta included in the schedule. ORDERED on the motion of Alderman Schisler, seconded by Aldermap Thomson that the report be received and adopted. See Resolution No. 111 No. 404 - City Manager - Re: Bus Stops. Recommending approval of a by-law prohibiting all vehicles, except those of the Greater Niagara Transit Conmission, from stopping in any bus stop,where signs have been erected; recommending further that the Regional Municipality be requested to adopt a similar prohibition for Regional roadways within the City of Niagara Falls. ORDERED on the motion of Alderman Walker, seconded by AldermantHunt that the report be received and adopted. No. 405 ~ City Manager - Re: Stopping Prohibition on Fourth Avenue. Reconm~nding approval of a by-law to prohibit stopping at all times on both sides of Fourth Avenue from 50 feet south of the N.S.& T. right-of-way to the north limit of Fourth Avenue. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. No. 406 - Ci~yManager - Re: Parking on Thorold Stone Road. Referring to a petiti~ received from residents a%Thorold Stone Road requesting no parking regulations on both sides of Thorold Stone Road between St.James Street and two restaurants to the west; advising that replies to a questionnaire indicate that the majority of property owners on Thorold Stone Road between Dorchester Road and Portage Road do not favour an overall prohibition; recommending that the Regional Government prohibit parking at all times from both sides of Thorold Stone Road from St.James 'Avenue to Confederation Avenue and that considerationbe given to the removal of the balance of the parkinS between Portage Road and Dorchester Road. ORDERED on the motion of Alderman 8chisler, seconded by Alderman Puttick that the report of'the City Manager be received and adopted. The motion Carrie~. with Alderman Thomson voting contrary and all others in favour. No. 407 - City Manager - Re: International City Management Association. RequestinZ; that the City Manager be authorized to attend the Association's Conference in Bostons September 23rd to 27th,1973. In view of the proposed European industrial tr~p, AlOeman Puttick questioned the CityManager about the length of time he would be absent from the City. The City Manager indicated there was 8 possibility he would be absent for one month although the dat~ of the European trip have not been finalized. He assured members of Council that he would be returning to the City before the indu~t~y~ seeking trip Co ~ennsny. -6 - Resolutions (Cost'd) No. 115 - WALKER - MANN - RESOLVED that the unit prices submitted by Provincial Construction Limited for underground installations in the Dell Farm Subdiv~ion, Contract #G.C.32-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried UnanimoUsly No. 116 - HUNT - CHRISTENSEN - RESOLVED that the next regular meeting of the Council of the City of Niagara Falls be held on Monday, August 20, 1973, commencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS No. 73-185 - A By-law to continue the appointment of Robert F. Keighan as an alternate representative to the Regional Council. ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimou~.ly ORDERED on the motion of Alderman Hunt, seconded by Alderman Harrigan that the By-law be now given a second and third reading. Carried Unanimous.ly No. 73-186 - A By-law to amend By-law No. 73-159 respecting the fencing of Privately-owned swimming pools. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Walker be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that the By-law be now given a second and third reading. Carried Unanimously No. 73-187 - A By-law to authorize the leasing of land from Rapids View Development Limited. (Temporary substation for Chippaws Public Utilities Commission) ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann that Alderman Walker be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unsnimousl~ Not.._.F.e: Alderman Puttick retired from the Council Chambers. ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that the By-law be now given a second and third reading.' Carried Unanimousl~ No. 73-188 - A By-law to designate certain land not to be subject to part lot control. (Lots 11,14,16,20,21 and 22, Plan N.S.25, Leaside Estates) ORDERED on She motion of Alderman Schisler, seconded by Alderman Harrigan that Alderman Walker be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimousl~ ORDERED on the motion of Alderman Walker, seconded by Alderman Thomson ~hat the By-law be now given a second and third reading. Carried Unanimousl~ -5- Report No.407 (Cont'd) In reply to questions by Alderman Christensen, the City Manager provided additional information regarding the purpose of the conference, the costs involved and his participation as a member of the International City Management Association. The City Manager was authorized to attend the 1973 Annual Conference of the International City Management Association on the motion of Alderman Walker, seomded by Alderman Narrigan. The motion Carried unanimously. No. 408 - City Clerk - Advisory Report. Submitting a letter of the St.Catharines- Niagara Real Estate Board expressing appreciation for a program provided by Mr. Murray Johnston, Mr.John Lilipere and Mr.Horace Wheeler and a progress report on the Stamford Arena Extension. The report suggests that there be no meeting of Council on Monday, August 13,1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and the suggestions contained therein be approved. No. 409 - City Manager - Building permits issued during the month of July, 1973. ORDERED on the motion of Alderman Mann, seconded by Alderman Walker that the report be received and filed. No. 410 - City Clerk - Recommending approval of Municipal Licerites. An application from Niagara Fruit & Fudge, Falls Avenue for a Food Shop Licence was deleted from the report pending further information. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted and litantes granted. No. 411 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Wglker, seconded by Alderman Wallace that the report be received and adopted. PETITION 1. Petitionlug the Minister of Transporation for approval of the purchase of three 5I-passenger diesel buses for the purposes of the Greater Niagara Transit Connnission and requesting permission to include the total expenditure of $33,563.66~ or such portion of that amount as may be considered proper, in the statement sub- mitted for subsidy under the Public Transportation and Highway Improvement Act. The petition was approved on motion of Alderman Walker, seconded by Alderman Thomson. Carried unanimously. RESOLUTIONS No. 111 - SCHISLER - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby request the Regional Municipality of Niagara to issue debentures in accordance with the terms and amotmts set out in the schedule attached to the resolution; and, further, that the City of Niagara Falls hereby confirm that it has entered into a contract for, or authorized the conmencement of all works or projects included in the schedule; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 112 - THOMSON - MANN - RESOLVED that the unit prices submitted by D.L.Stephens Contracting for the construction of certain sidewalks on Victoria Avenue, Contract ~3.R.30-73, be accepted; AND the Seal of the Corpcration be hereto affixed. Carried Unanimously No. 113 - THOMSON - WALKER - RESOLVED that the unit prices submitted by D.L. Stephens Contracting for the construction of certain local improvement work, Contract ~L.I.29-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 114 - THOFaON - WALKER - RESOLVED that the City of Niagara Fells accept the low quotation submitted by Ridgeway Farm Equipment in the amount of $2,522.06 for the purchase of two four-wheeled riding mowers; AND the Seal of the Corporation be hereto affixed. Carried Unanimously -8- By-laws (tout'd) No.73-194 - A By-law to amend By-law 2350,1959 and 2530,1960 of the former Township of Stamford, now in the City of Niagara F.-lls, as amended.(Woodbridge Acres Subdivision) ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that Alderman Walker be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Walker, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-195 - A By-law to provide monies for general purposes. ORDERED on the mot ion of Alderman Mann, seconded by Alderman Schisler that Alderman Hunt be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimousl. X NEW BUSINESS ACTING MAYOR Resolution No.ll7 - MANN - HUNT - RESOLVED that Alderman S. W. Thomson be appointed as Acting Mayor during the absence of Acting Mayor R.S.Keighan for the period August llth to!25th,1973,inclusive. AND the Seal of the Corporation be hereto affixed. ' ' Carried UnanimouslZ FUNDS FOR SEWER WORKS AT THE SOUTH END OF CITY In reply t9 questions by Alderman Bunt~ the City Engineer confirmed that federal loans for sewer treatment projects in the Province of Ontario included a loan to the Region for sewer works at the south end of the City of Niagara Falls in the amount of $92,000. ASCOT WOODS SUBDIVISION The Ascot Woods Subdivision was brought to the attention of the Conservation Authority because the land drains into Shriner's Creek which includes the W-5-1 watercourse. The question was.raised by Alderman Hunt. SAFETY INSPECTORS Alderman Hunt questioned if a recently advertised position with the City 4~would be suitable fo~ either of the City's Safety Inspectors. The Bill for the takeover by the Province of the enforcement of The Construction Safety Act and the Trench Excavators' Protection Act will affect two City employees. The City Engineer explained that the advertisement was for a technician trainee and would not besuitable for the employees who hay& been with tile City for many years. CAKES DRIVE IAND SLIDE Alderman Puttick referred to a letter from the Niagara Parks Commission which expressed appreciation for the City's cooperation with the Commission in efforts to study and solve the problem of land slippage on Cakes Drive which has necessitated the closing of the south-bound lane. The Alderman asked if the City is committed to assisting financially for the necessary study and repairs. Acting Mayor Keighan stated that no committments have been msde although the City could become involved if investigations indicate that inadequate sewer facilities are causing the problems. The Acting Mayor also advised that the City Engineer will represent the City on the Technical Committee established by the N.P.C. to study the problem. It was moved by Alderman Puttick, seconded by Alderman Thomson that the communication from the Niagara Parks Conmission previously distributed to members - 7- By-laws (Cont'd) ~ No. 73-189 - A By-law to authorize the construction of a watermain and a pavement strengthening on Dorchester Road and an agreement with Chemacryl Plastics Limited. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that Alderman Mann be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. ,- ' Carried Unanimously No. 73-190 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of sewermains and watermains. (Dell Farm Subdivision) ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace that Alderman Hunt be granted leave to introduce the-By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Aiderman Hunt, seconded by Alderman Wallace that the By-law be now given a second and third reading. Carried Unanimously Note: Alderman Puttick returned to the Council Chambers. No. 73-191 - A By-law to authorize the execution of an agreement with D.L.Stephens Contracting Niagara Limited for aidewalk repairs on Victoria Avenue. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Schisler be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-192 - A By-law to authorize the execution of an agreement with D.L.Stephens Contracting Niagara Limited for the construction of certain local~improvement works.. i ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that Aldernmn Schisler be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-193 - A By-law to authorize the construction of a watermain on Montrose Road and an agreement with Ford Motor Go. of Canada Limited. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Alderman Walker be granted leave to introduce the By-law and the Byrlaw be given the first reading. Carried Unanimously ORDERED on the motion of AIderman Walker, seconded by Alderman Bunt that the By-law be now given a second and third reading. .Not,e; Alderman Christensen declared his interest and abstained from voting. Carried Unanimously -9- Oakes Drive Land Slide (Cont'd) and now identified as Connnunication ~99, be received, the appointment of the City Engineer to the Technical Committee be approved and that metabets of Council be ' kept fully informed of the investigation of the Oakes Drive slippage and the remedial works required. TENT CATERPILLARS Alderman Puttick spoke of increasing numbers of complaints regarding tent caterpillars and enquired what the City could do to alleviate the problem. The City Engineer noted that a few years ago Gity Council had given staff permission to take. necessary s~eps to solve a similar problem on Epworth Circle. Alderman Thomson suggested that consideration be given to providing more service and infor- mation to the public about tent caterpillars as well as other horticultural problems. It was moved by Alderman Puttick, seconded by Alderman Walker that complaints regarding tent caterpillars be referred to the City Manager and he be authorized, at his discretion, to take whatever steps are necessary to alleviate the problem wherever possible. The motion Carried with the following vote: .. AYE: Aldermen Christensen, Hunt, Harrigan, Puttick, Walker, Thomson, Wallace. ~NAYE: Aldermen Mann and Schisler. The City Engineer indicated that permission to go on private property would be obtained before spraying or other methods are used. DELL'S DAIRY - ORCHARD AVENUE Alderman Puttick reported numerous complaints from residents of the Orchard Avenue - Dixon Street area regarding inadequate parking at Dell's Dairy, noise and large trucks parked with engines running in the early morning hours. The matter was referred to the City Manager for a report on the motion of Alder- man Puttick, seconded by Alderman Harrigan. DOG CONTROL Alderman Thomson reported receiving many complaints about the keeping of dogs in the City and the number of dogs being kept by certain individuals. There is permissive legislation under The Municipal Act, he said, which permits by-laws enacted by e cxpalzties for the control of animals be studied. The matter will be considered by staff. The meeting adjourned to Committee of the Whole on the motion of Alderman Puttick, seconded by Alderman Thomson. 'nA6AND "" ': "' ..... " D0P D, ki. ' "' " B COMMITTEE OF THE WHOLE Committee Room~l, August 7, 1973. Council met in Committee of the Whole following a regular meeting held Monday, August 7, 1973. All Members of Council were present with the exception of His Worship Mayor George Bukator, Alderman Fern and Alderman Smeaton. Alderman Christensen presided as Chairman. - 10 - Following consideration of the items presented, the Connnittee of the Whole arose without reporting on the motion of Alderman Puttick, seconded by Alderman Thomson. READ AND ADOPTED Mayor COUNCIL MEETING, Council Chambers, August 7, 1973. Council met on Monday, August 7, 1973, following a Committee of the Whole meeting. All Members of Council were present with the exception of His Worship Mayor George Bukator, Alderman Smeaton and Alderman Fera. Acting Mayor R. Keighan presided as Chairman. The meeting adjourned on the motion of Alderman Schisler, seconded · by Alderman Mann. ' READ AND ADOPTED, THIRTY-SEVENTH MEETING Council Chambers, August 22,1973. Council met on Wednesday, August 22, 1973 for the purpose of considering general business. All Members of Council were present with the exception of His Worship Mayor George Bukator and Aldermen Mann, Keighsn, Harrigan and Fera. Alderman Schisler offered the Opening Prayer. Alderman Thomson, as Acting Mayor, presided as Chairman. ADOPTION OF MINUTES The minutes of the July 30th and August 7th, 1973 meetings were approved as printed on the motion of AldermmChristensen, seconded by Alderman Hunt. UNFINISHED BUSINESS PLANNING FOR SOCIAL SERVICES IN REGION Comm.~92 - Social Planning Council - Re: Proposal to establish a regional body for the purpose of co-ordinating social services at the Regional level. Comm.~99 _ Social Planning Council - Providing additional information regarding planning for social services in the Regional Municipality of Niagara; requesting Council to endorse the preparation of a plan for social development and planning organization. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that Mr. J. Mitchtnson be granted permission to address Council. As a representative of the Social Planning Council, Mr. Mitchinson spoke about the growing concern and need for some type of a regional social planning organization as well as the need for local input and the expertise of the Niagara Falls Social Planning Council. Members of the S.P.C. are of the opinion that a formal study should be undertaken to evaluate the present system, goals, funding and duplication of services. To do so the support of existing agencies and official groups is required. Mr. Mitchinson said that although the administration of welfare and social services is now regional there have been indications that the provincial government is considering further regionalization. The project has received the support of the United Way in Niagara Falls and the United Fund in St. Cathartnes. The Welland and Fort Erie United Appeals will be meeting in September at which time their support will be solicited. In reply to questions by Alderman Walker, Mr. Mitchinson confirmed that the Social Planning Council is not seeking funds from the City at this time. It is understood that s grant is available for the proposed study and Mr. Mitchinson assur@d Alderman Puttick that the staff of the S.P.C. do not have time to do the work and the grant would be used to employ a social worker to conduct the study. It was then moved by Alderman Walker, seconded by Alderman Hunt that the communication from the Social Planning Council he received and the City of Niagara Falls adopt, in principle, tile proposal of the Social Planning Council of Greater Niagara to prepare a plan for a social development and planning organization covering social services available in the Regional Municipality of Niagara. The motion ~arried unanimously. SOUTH END BUSINESS IMPROVEMENT AREA Report ~536(1972) . City Manager - Re: Main and Ferry Improvement Area. Advising that notification of the proposal was mailed to businesses in the area by the Main and Ferry Business Association and no contrary comments were received; recommending a by-law designating lands in the Main and Ferry Street area as an improvement area be given two readings and circulated to property owners in the area who are to be specially assessed. Report ~413 - City Manager - Advising that one letter of objection was received end the property of the objector does not meet the requirements of assessed value of land; advising that in order to prevent the passing of the proposed by-law, a Petition signed by 48 persons representing property assessed at $472,360., would have had to be received; reconnending that By-law No.72-180 be given a third and finel reading and forwarded to the Ontario Municipal Board for approval. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report of the City Manager be received nnd adopted. gee By-law No~7.2-180 - 2- Unfinished Business (Cont'd) LIONS CLUB MIDGET BASEBALL TEAM Report ~365 - Recreation Director - Advising that the Recreation Conmission does not support the request for $1,000. as a contribution toward the travelling expenses of the Lions Club Midget Baseball Tesm when they go to Alberta to compete for the Canadian championship. Report ~414 - City M~nager - Recommending that Council approve a contribution of $1,000. to the Niagara Falls Lions Club Midget Baseball Team and the expense be charged to Account No. 10117 which provides for receptions, awards, etc. ORDERED on the motion of Alderman Christensen, seconded by Alderman Puttick that the report be received and adopted and the grant of $1,000. be charged to Account No.10117. SIDEWALK - WEST SIDE OF STANLEY AVENUE Report #264 - City Mansger- Re:Sidewalk on Stanley Ave. Referring to a request by the Welland County Roman Catholic Separate School Board for the construction of a sidewalk on the west side of Stanley Ave. from George St. to Morrison St.; recommending that the request be considered in the Local Improvement Construction Program for 1974. Report ~415 - City Manager - Re: Sidewalk on the west side of Stanley Ave. Recommending that the erDasing of the railway tracks be improved; a stone pathway be installed along the cemetery frontage and that the normal four foot sidewalk be installed between Fraser Street and the railway with a cost apportionment of $480. to the Welland Country Roman Catholic Separate School Board and $1,520. to the City. ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton that the report be received and adopted. COMMUNICATIONS No. 100 - Mrs. Ken Kuhn - Comments re: Loitering on Weightman Bridge in the former Village of Chippaws; suggesting the enactment of an anti-loitering by-law. The City Clerk advised that authority to prohibit loitering rests with federal authorities under the Criminal Code. There is some doubt that munici- palities have authority to pass by-bs prohibiting loitering. ORDERED on the motion of Alderman Walker, seconded by Alderman Christensen that the communication be received and filed and Mrs. Kuhn be advised of the reasons for Council's decision. No. 101 - Mrs. Anna Brown and Others - Requesting that parking We restricted on Victoria Avenue from Bridge St. to Queen St. Alderumn Smeaton stated that one of the main problems appears to be illegal parking and the-blocking of driveways during the evening hours. As suggested by the Alderman, Staff members will investigate to determine if the driveway stalls are clearly marked. The Police Department will be asked to periodically check parked vehicles. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the con~nunication be received and referred to the Parking Connnittee. No. 102 - Niagara College of Applied Arts and Technology - Providing information regarding the phasing out of the Valley Way Ratraining Centre. Alderman Thomson expressed his concern about the closing of the retrainins centre and suggested the phasing out of the program had been deter- mined several years ago. The number of courses have been reduced from thirteen to four and subsequently enrollment did drop. According to information from the local Manpower office, there is a waiting list of 42 persons forthe English language course. They will be required to travel to St.Catharines or Welland. Alderman Thomson rejected an earlier statement that financing wee also a reason for the closing of the centre. The Valley Way centre had suffered a $1,700. loss last year, while the St.Catharines location. had lost $27,000. Mr.D.Fslkenhagen agreed the City is being "short-changed" in terms of continuing adult education. Alderman Puttick enqutred about a study undertaken by the Social Planning Council which has not yet been presented to the City Council~ Mr. Falkenhagen advised that the report was a S.P.C. project and was not prepared at the request of Council. The report, he said, has not as yet been analyzed. At the suggestion of Alderman Walker, the City Clerk will make enquiries to determine if federal funds generally handled through Manpower for retrainlag purposes, could be made available to the Niagara South Board of Education. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the communication. from Niagara College of Applied' Arts and Technology be received and filed. -3- Communications (Cont'd) No. 103 - Mr.R.N.Chsmbers _ Comments re: Helicopter flights and noise. ORDERED on the motion of Aldernmn Schisler, seconded by Alderman Walker that the communication be received and referred to Staff to meet with Mr. Chambers to discuss the matter further and consider the approach to be taken by the Municipality. ~EPORTS No. 416 - City Manager - Re: Proposed Plan of Subdivision, Fennell Developments Ltd., Portage Green, betwee~ Portage Road and Sinnicks Avenue. Recommend ing preliminary approval of the proposed plan subject to eleven conditions enumerated in the report and, further, that Council certify by resolution that the application conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted. See Resolution No. 117 No. 417 - City Manager - Re: Proposed Plan of Subdivision,Mr. and Mrs. 3.Graham, Pt.Lots 84 & 85, Plan 1791, Riall and Gore Streets. Recordhanding preliminary approval of the proposed plan subject to four conditions enumerated in the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the report be received and adopted. No. 418 - City Manager . Re: Amendment to Fireworks By-law No.70-86. Advising that the City'a Fire Prevention Division has recommended an~ amendment to the by-law to provide that any fireworks for sale be kept in a fully-enclosed non- combustible display case or container. The existing by-law provides that fireworks be displayed under glass thus permitting the sides of the display area to be open. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that the report of the City Manager be received and the by-law appearing later on the agenda be given threes readings. See By-law No. 73-198 No. 419 - City Manager - Re: Fall Webworm. An advisory report regarding the action taken by staff to combat the problem. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and filed. No. 420 - City Manager - Re: Dell's Dairy, 6493 Orchard Ave. - Complaints of area residents regarding inadequate parking, noise and the parking of large trucks with motors running during the early morning hours. Confirming that the Dairy had Purchased adjacent property for a buffer from the residential area and to create a small parking area at the rear lot. Dell's Dairy has instructed their solicitor to take the action necessary to permit the parking area to be used for four or five cars. The report suggests that an application to fezone the property may resolve the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the report be received and filed. No. 421 - City Manager - Re: By-law to establish a Landlord and Tenant Advisory Bureau. Advising that the Regional Finance Conlnittee is considering the establish- ment of a Landlord and Tenant Advisory Bureau; providing a copy of the proposed Regional by-law and suggesting the City review the proposal and comments be forwarded to the Finance Committee. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the report be received and the comments of the City and the Social Planning Council regarding the draft by-law to establish a Regional Landlord and Tenant Advisory Bureau be forwarded to the Regional Finance Conduittee. · No.. 422 - City Manager . Re: Federal-Provincial Winter Capital Projects Fund. Suggesting that inasmuch as the major incentive of the loan is labour forgiveness, the City apply the allocation of $736,000. to more than one project and for the labour portion only in order to maximire forgiveness. Originally the funds were requested in conjunction with timproposed new library. The report recommends the Passing of a resolution authorizing an application for loans under the Winter Capital Projects Fund in respect to (1) Proposed New Library - $510,000. and (2) Proposed Niagara South Recreation Complex - $226,000. ORDERED. on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted. See Resolution No. 118 -4- Reports (Cont'd) No. 423 - City Manager - Re: provincial-MuniciPal Employment Incentive Program. An advisory report regarding the use of funds granted to the City in the amount of $150,636. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and filed. No. 424 - City Manager - Re: Parking Gates for City Hall Parking Lot. Recommending acceptance of the quotation submitted by Auto-Mated Carpark Controls in the amount of $2,365. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the report be received and adopted. See Resolution No.l19 No. 425 - City Manager - Re: Construction of Sidewalks on Regional Roads. Recommending that the Mayors and staff from St.Catharines, Port Colborne,Wellsnd and Niagara Falls meet with the Regional Public Works Chairman and staff so that a more satisfactory policy than presently proposed by the Region can be worked out; suggesting. that a copy of the report be forwarded to the Region and area municipalities and arrangements made for the proposed meeting. ORDERED on the motion of Alderman Christensen, seconded by Alderman gmaaton that the report be received and adopted. No. 426 - City Manager - Re: Committee of Adjustment Decision, Request for a Minor Variance - Gtustina & Ginseppe Bombicino, 4660 Queen Street. Referring to the Committee's decision to grant a minor variance without requiring the appli- cant to enter into an agreement with the City to provide cash in lieu of parking spaces; recommending that the City Solicitor be authorized to appeal the decision of the Committee of Adjustment with respect to theapplication. The City Engineer reviewed the policy established by Council respecting cash payments in lieu of parking spaces and noted that other persons had complied with the policy and entered into appropriate-agreements with the Municipality. Because the location is within nn area of benefit, the total contribution required of the applicants is estimated at $600. It was moved by Alderman Christensen, seconded by Alderman Wallace that the report of the City Manager be received and filed and no further action 'taken. The motion was Defeated with the following vote: AYE: Aldermen Ohriatensen and Wallace. NAyE:Aldermen Hunt, puttick, Smeaton, gchisler, Walker. ORDERED on the motion of Alderman Walker, seconded by Alderman Schisler that the report be received and adopted. and the City Solicitor be authorized to appeal the decision of the Committee of Adjustment with respect to the application of G.Bombicino. The motion Curried with the following vote: AYE: Aldermen Hunt, Puttick, Smeaton, Schtsler, Walker. NAyE:Alderman Christensen and Alderman Wallace. ~ No. 427 - City Manager - Re: Self-Propelled Power Sweeper. Recommending acceptance of the Flexo Products quotation in the amount of $,535.98. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. See Resolution-No. 120 No. 428 - City Manager - Re: Automatic White Print Machine. Recommending acceptance of the quoted .$4,136.50 received from Commercial Photo Copy Ltd., St.Catharines. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. See ResolutionNo. 121 ,No. 429 - City Manager - Re: Road and Sidewalk Construction - Contract No,.R.O. 31-73. Recommending acceptance of the unit prices received fromWarren Bitulithic Ltd. for the construction of roads and sidewalks in the second stabs of the Role Wood Subdivision. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the repor~ be received and adopted. See Resolution No. 122 - 5- Reports (Cont'd) No.430 - City Manager - Re: Contract for Sewer and Watermain Installations in Falls Industrial Park. Contract No.G.C.33-73. Noting that financing of various municipal services required for the Falls Industrial Park is to be taken from monies received for the sale of properties in the subdivis ion; suggesting that a complete review of the monies available for the financing of additional municipal services be done before a contract is awarded; recommending tabling of the contract until such time as further information is available for the consideration of Council. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. Alderman Wallace expressed his concern about tabling the awarding of the contract because the installations are vital to the City~s industrial program. The City Manager indicated that additional information would be submitted to Council at the September 4th meeting. No. 431 - City Manager - Re: Contract for Watermain Installations on various streets. Contract No.W.I.34-73. Recommending that the unit prices received from Covello Brothers Limited be accepted by Council. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.123 No. 432 - City Manager - Re: Contract for Local Improvement Work-No.L.I.35-73. Reconmaending that the unit prices submitted by Covello Brothers Limited be accepted by Council. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.124 No. 433 - City Manager - Re: Air Pollution Conference, Ontario Section,Elgin House, Port Carling; recommending that one member of the Engineering Staff be authorized to attend the Fall Conference. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted. No. 434 - City Clerk - Advisory Report. Including a progress report on the new public library snd information from the Regional Municipality of Niagars regarding a policy on signing Regional roads by local names. ORDERED on the motion of Aldernu~lChristensen, seconded by Alderman Hunt that the report be,:received and filed. No. 435 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted and licences granted. No. 436 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the :report be received and adopted. No. 437 - Planning and Development Committee - Re: AM-15/73,R.Seruga,Lot 146, Plan 35, 4872 Valley Way. The applicant proposes to use an existing home for the repair, display and sale of paintings and other works of art. The report recommends approval of the application and, further, that Council certify by resolution that the application conforms to the Official Plan Amendment No.28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the report be received and adopted. See Resolution No,125 See By-laws N~& 73-197 BY-LAWS ~o.72-180 - A By-law to designate a certain area as an improvement Area. (Main and Ferry area). THIRD READING - Alderman Wallace and Alderman Hunt. Carried Unanimously - 6- By-laws (Cont'd) No. 73-196 - A By-law to authorize a site plan agreement with Rudolph Seruga. (Art Gallery,4872 Valley Way) ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given the first reading. Carried Urmnimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-197 - A By-law to amend By-law No. 5335, 1955 as amended. (R.Seruga) ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-198 - A By-law to amend By-law No.70-86 respecting the sale and setting off pf fireworks in the City of Niagara Falls. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that Alderman Wallace be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimously No. 73-199 - A By-law to smehd By-law No.3790 being a By-law for the regulating of traffic. (Fourth Avenue) ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that Alderman Christensen be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by AIderman Bunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-200 - A By-law to amend Bye.law No. 3790 being a By-law for the regulating of traffic. (Bus Stops) ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Wallace be granted leave to introduce the By-~aw and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of AIderman Wallace, seconded by Alderman Smeat0n that the By-law be now given a second and third reading. Carried Unanimously No. 73-201 - A By-law to authorize the execution of an agreement with Penn Central Transportation Company. 4 -8- By-law No.73-206 (Cont'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimou. sly RESOLUTIONS No. 117 - CHRISTENSEN - WALKER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Fennell Develop- ments Limited for the rezoning of property located between Portage Road and Sinnicks Avenue and known as Pt.Twp. Lot 73, conforms to the Official Plan Amendment No. 28 of the N~gara Falls Planning Area as amended and approved by the Minister of Treasury, Economics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 118 - CHRISTENSEN - HUNT - RESOLVED that the Projects Engineer, the Building Inspector and the City Treasurer, in consultation with the firm of D.Chapman Associates, be instructed to revise the applications submitted in conjunction with the Federal-Provincial Winter Capital Projects Fund to provide for leans under the Fund in respect to the following projects: (1) New Public Library - $510,000.00 and (2) Niagara South Recreation Complex - $226,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 119 - HUNT - WALKER - RESOLVED that the quotation submitted by Auto-Mated Carpark Controls for the installation of parking gates at the City Hall parking lot in the amount of $2,365.00 be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 120 - SCBISLER - HUNT - RESOLVED that the quotation submitted by Flexo Products for a self-propelled power sweeper in the amount of $1,535.98, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 121 - SCHISLER - HUNT - RESOLVED that the quotation of $4,136.50 for the supply of an automatic white print machine submitted by Commercial Photo Copy Ltd., St.Catharines be accepted; ANDthe Seal of the Corporation be hereto affixed. Carried UnanimouslZ No. 122 - SCHISLER - HUNT - RESOLVED that the unit prices received from Warren Bitulithic Ltd. for the construction of roads and sidewalks in the second stage of the Role Woods Su~divi~on, be accepted; AND the Seal of the Corporation be hereto affixe~. Carried Unanimously No. 123 - SCHISLER - BUNT - RESOLVED that the unit prices received from Covello Brothers Limited for waterma in insta llations on various streets, Contract No. W.I.34-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 124 - SCEISLER - BUNT - RESOLVED that the unit prices submitted by Covello Brothers Limited for local improvement work, Contract No.L.I,35-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslx No. 125 - SCEISLER - CHRISTENSEN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of R. Seruga for the rezoning of property known as Lot 146, R.P.35, 4872 Valley Way, conforms to the Official ~lan Amendment No. 28 of the Niagara F lls Planning Area as amended and epproved by the Minister of Treasury, Economics & Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslZ - 7- By-law No.73-201 (Cont'd) ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Alderman Puttick be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Puttick, seconded by Alderman Christense~( that the By-law be now given a second and third reading. Carried Unanimously - 9 - Resolutions (Cont'd) No. 126 - WALKER - WALLACE - RESOLVED that the next regular meeting of the Council of the City of Niagara Falls be held on Tuesday, September 4, 1973, commencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. Carried Unanimou. sly NEW BUSINESS NEWFOUNDLAND VISITORS No. 73-202 - A By-law to authorize the execution of an agreement with Covello Bros. Limited for the construction of watermains. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. ' Carried Unanimously No. 73-203 - A By-law to authorize the execution of an agreement with Warren Bitulithic Limited for the construction of roads and sidewalks. ORDERED on the motion of Aldernmn Smeaton, seconded by Alderman Schisler that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Runt, seconded by Alderman Christensen that the-By-law be now given a second and third reading. Carried Unanimously No. 73-204 - A By-law to authorize the execution of an agreement with Covello Bros.Limited for the construction of certain local improvement works. ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler that Alderm~n Runt be granted leave to introduce the By-law and ~the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by 'Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-205 - A By-law to provide for a levy on Niagara College of Applied 'Arts and -Technology and The Greater Niagara General Hospital. ORDERED on the motion of Alderman Hunt, seconded by Alderman Wallace that AldermgaChristensen be gr~nted leave to introduce the By-law and the By-l~w be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third readinS. Carried Unanimously No. 73-206 - A By-law to provide monies for general purposes. ORDERED on the motion of Aldezmsn Schisler, seconded by Alderman Christensen that Aldermen Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously Alderman Thomson spoke about the assistance given by City residents to young Newfoundland girls who were stranded in Niagara Falls because of the rotating rail strike. He expressed the City's appreciation to former Mayor F.J.Miller, City Treasurer G.E.Farrell, Chamber of Commerce Manager K. Milne, Miss N.Mathieson, Alderman Christensen, Joe Montgomery, Bryn Roberrs, Art White and others. ONTARIO HOUSING PROJECTS Alderman Thomson referred to the special meeting of Council on September lOth at which time consideration will be given to three Ontario Housing family housing units proposed for the City. O.H.C. officials, he said, are preparing a report regarding the amount of money paid for maintenance, painting, landscaping and other programs. The Alderman suggested that arrangements be made for members of Council to visit existing O~H.C.projects prior to the meeting date. Staff was directed to make arrangements for the bus tour on the motion of Alderman Wallace, seconded by AldernumChristensen. The motion Carried unanimously. PARKING ON THOROLD STONE ROAD Alderman Smeston referred to the decision of Council on August 7th, to restrict parking on Thorold Stone Road. The Alderman suggested that the recommenda- tions in the report was an "over-reaction" to a simple request and the petitioners are now faced with the possibility of total parking prohibition on Thorold Stone Road from Portage Road to Dorchester Road. The City Manager suggested that Alderman Smeaton meet with the Projects Engineer, A. Lamb, to obtain information as to the reasons for the recommendations contained in the report. SPRING STREET PARKING LOT Alderman Smeaton commented on the continuing problems at the Spring Street parking lot which is used almost entirely by patrons of the Venetian Hotel. He enquired as to the possibility of the City selling the property. It was moved by Alderman Smeaton, seconded by Alderman Wallace that the matter be referred to staff for a report. The motion Carried unanimously. PUBLICATION OF COUNCIL AGENDAS A suggestion by Aldermen Smeaton that an outline of the Council agendas be printed in the local newspapers prior to Council meetings was referred to the City Clerk for a report. The motion by Alderman Smeaton, seconded by Alderman gchisler Carried unanimously. A. M. 0. CONFERENCE AIderman Puttick advised that a report from the Council representatives attending the Association of Municipalities of Ontario Conference will be prepared and presented at the next regular meeting of Council. The Alderman particularly mentioned his interest in a panel discussion regarding Employer-Employee Relations - Who Bargains for Whom and How? He reported that a resolution advocating that management salaries be settled individually and before union contract agreements, has been submitted to the A.M.O. for distribution to members. ~JOURNMENT The meeting adjourned-' by Alderman Walker. READ AND ADOPTED, . . ' 'of Alderman Christensen, seconded THIRTY-EIGHTH MEETING Committee Room No. 1 August 27, 1973. CO~24ITTEE OF THE WHOLE Council met in Committee of the Whole on Monday, August 27, 1973 at 7:30 p.m. Acting Mayor R. F. Keighan presided as Chairman. All Members of Council were present with the exception of His Worship Mayor George Bukator. Following consideration of the items presented, it was ORDERED on the motion of Alderman Walker, seconded by Alderman Hunt that the Committee of the Whole adjourn and Council reconvene in formal session to ratify the decisions reached. READ AND ADOPTED, SPECIALMEETING Committee Room No. 1 August 27, 1973. Council reconvened in open session following a Committee of the Whole meeting held Monday, August 27, 1973. All Members of Council were present with the exception of His Worship Mayor George Bukator. Alderman Keighan, as Acting Mayor, presided as Chairman. BY-LAW No. 73-207 - A By-law to authorize an agreement with Stamford Green Investments Limited and Greater Niagara Transit Commission (Bus Stop) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Thomson be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimously, NEW BUSINESS HARASSMENT OF SPECTATORS AT KER PARK Alderman Puttick requested that an investigation be made of ways to reduce harassment to spectators at Ker Park. According to the Alderman, people using the park were being subjected to insults from a boisterous element of those in attendance. -2- NEW BUSINESS (Cont'd) DUST COMPLAINTS Alderman Puttick requested that the Engineering Department investigate dust complaints in the area of 6782 Montrose Road and 5670 Lundy's Lane. The meeting adjourned. READ AND ADOPTED, THIRTY-NINTH MEETING Council Chambers, September 4, 1973. REGULAR MEETING Council met on Tuesday, September 4, 1973, for the purpose of considering general business. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. Alderman Smeaton offered the Opening Prayer. ADOPTION OF MINUTES The minutes of a regular meeting held August 22, 1973, were adopted as printed on the motion of Alderman Mann, seconded by Alderman Christensen. MAYOR BUKATOR His Worship Mayor Bukator expressed appreciation to Alderman Keighan and Alderman Thomson who had served as Acting Mayor and to members of Council who had represented him at various functions during his illness. On behalf of Council, Aideman Keighan welcomed the Mayor back and indicated that members of Council will continue to accept some of the commitments of the Mayor's office. UNFINISIED BUSINESS TRAFFIC MODIFICATIONS - FERRY STREET Comm.#96 - Regional Municipality of Niagara - Re: Traffic Operational Modifications, Regional Road 51 (Ferry Street). Advising that the Regional Public Works Committee intend to reconnnend several changes between Stanley Ave. and Buchanan Avenue to improve the flow of traffic on Ferry Street. Report #438 - City Manager - Re: Traffic Problems - Ferry St. and Victoria Avenue. Recommending the Region be advised that the City of Niagara Falls is in favour of the following: 1) Traffic signals at the intersection of Ferry St. and Buchanan Ave. be removed and traffic on Buchanan Ave. be required to stop at Ferry Street; 2) Necessary guide sign changes be made to transfer traffic from Buchanan Ave. to Stanley Ave.; 3) Left turns from traffic northbound on Buchanan Ave. to westbound on Ferry St. not be prohibited at this time but traffic counts be taken after the removal of traffic control signals to see if this is necessary; 4)Removal of parking from the south side of Ferry St. between Stanley Ave. and Victoria Ave. to become effective Friday, June 14,1974, be considered by the Municipal Parking Committee; 5) The left turn from northbound on Victoria Ave. to westbound on Centre Street be prohibited effective June 14,1974 and 6) The possibility of rerouting traffic so the left turn from Victoria Avenue southbound to Clifton Hill eastbound could be prohibited, be examined. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report of the City Manager be received and tabled for two weeks. BUS SERVICE TO CHIPPAWA AREA Report #280 - City Manager - Summarizing previous requests, reports, petitions and surveys in respect to the feasibility of extending bus service to the former Village of Chippawa. The report recommends that bus service be continued to the former Village and a by-law be prepared amending Urban Service Area No. 2 to include a proportionate share of the annual operating deficit of the Transit Commissioa. Report #439 - City Manager - Advising that residents of the Chippaws area will not be required to share in the previous year's deficit of the Transit Connnission and the amendment to Urban Service Area No. 2 to permit sharing of the deficit will not take effect until the year 1974. ORDERED on the motion of Alderman Runt, seconded by Alderman Christensen that the report be received and filed and the required by-law be given three readings. See By-law No.73-210 EXTENSION OF SANITARY LANDFILL SITE Report 4~326 - City Manager - Advising of the necessity to seal the ground and sldes of the sanitary landfill site with an impermeable cover to comply with a condition set forth by the Ministry of Environment to minimize the penetration of leachate; recommending acceptance of the price of $9.00 per 14 cubic yard load for suitable clay from Woodington Systems, Inc. - 2- Extension of Sanitary Landfill Site (Coni'd) Report #440 - City Manager - Advising that Woodington Systems has requested that the agreement be made with Willinger Systems Inc. which operate from the same location and with the same officers and personnel; recommending approval of the request and the passing of the by-law appearing under the appropriate agenda heading. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the report be received and filed and the required by-law be given the necessary readings. See By-law No.73-216 COMMUNICATIONS No.104 - Miss Joan Howatson and other residents of First Ave. - Comments re: Noise emanating from operation of Kimberly Clark factory. The cormnunication also advises of noise and dust caused by Humpry Dumpty Potato Chip trucks which use railway property as a parking lot. The City Clerk advised that he had contacted a local representative of the Air Management Branch of the Ministry of the Environment and had con- firmad that there is no legislative authority to control industrial noises at this time. He stated that members of staff are working with officials of another industry in an attempt to remedy a similar complaint. The complaints of noise and dust by the parking of trucks on railway property will be eliminated when present plans to re-locate the Humpry Dnmpty Potato Chip trucks are finalized. ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler' that the connnunication be received and filed and the complaint be referred to staff for discussions with the industry concerned. No. 105 - Alfred end Iris Brunger and Others - Objections to the proposed location of a trap and skeet club in the Mountain Road area. The City Clerk advised that the proposed use is permitted under existing zoning by-laws and the Niagara Regional Police apparently are prepared to approve the site. It was also pointed out that if undue noise is created as a result of the trap and skeet club activities, the organization nmy be liable to a charge under the City's anti-noise By-law No. 7535. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the communication be received and filed.' No. 106 - Margaret Davis - Protest re the new time schedule for the Sinnicks Avenue Bus, Route 7. ORDERED on the motion of Alderman Thomson, seconded by,Alderms~ Hunt,that the communication be received and referred to the Greater Niagara Transit Commission for a reply. No. 107 - Ministry of Agriculture and Food - Re: Weed Control Act. Advising that the Minister is not prepared to give approval to the City's By-law No.73-167 unless it is amended to strike out the reference to dandelion. By-law No.73-167 designates certain plants as noxious weeds. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the communication be received and filed and an amendment to By-law No.73-167 to delete reference to dandelions be approved. See By-law No.73-211 No. 108 - Broderick,McLeod,Clifford,Marinelli &Amadio - Re: proposed rezoning of pt.Twp.Lot 60,east limit Vine and CobGlen Streets, Tureski Subdivision. Advising that Mr.H. Spironello, Mr.Ateo Iseppon an~ General Abrasives (Canada) Ltd., owners uf adjacent property strongly oppose the rezoninS of the.lands for · residential purposes. ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann that the report of the City Manager regarding the Turesky proposed plan of subdivision be brought forward for consideration at this time. Report ~441 - City Manager - Re: Proposed Plan of Subdivision - Tureski (Wm. Slovak in trust) Pansy Realty Lid,, pt.Twp.l]ot 60,Vine and Coholsn Streets. Rec~uending preliminary approval ofthe proposed plan subject to seven condi- tions enumerated in the report. - 3 - Comm.~108 - Report ~441 (Cont'd) ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that Mr. D.M.McLeod be granted permission to address Council. Mr. McLeod advised that his clients are of the opinion that residential development in the area is not compatible with existing industrial and other uses. Industrial firms, he said, originally established in the heart of an industrially zoned area~ now find themselves in the centre of residential development. Mr. McLeod's clients strongly oppose the rezoning of the Vine St. Coholan St. area which they feel is ideally suited for light manufacturing purposes. Alderman Harrigan stressed that for the protection of the homeowners, the developer should recognize that the development is adjacent to industrially zoned lands and the land, in all probability will be.developed for heavy industrial purposes. ORDERED on the motion of Alderman Keighan, seconded by Alderman Christensen that Mr. William Slovak be granted permission to address Council. Mr. Slovak said the application involves a block of industrially zoned property abutting a railroad, which he suggested is a boundary of what is now residential development on one side and industrially developed land on the other side. One resident appearing before the Planning Board indicated he would be pleased to see the lands zoned for purposes other than industry to preserve the residential character of surrounding properties. Mr. glovak slag con~nented on the increased traffic into the area if the industrial zoning remained. Part of the property, he said, will be used for park purposes and only a small block of industrial usage will be eliminated. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the report of the City Manager be received and adopted and the proposed development of property located at the easterly limit of Vine and Coholan Streets be given preliminary approval subject to conditions enumerated in the report. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fera, Mann, Keighan, Harrigan, Schisler, Walker, Thomson, Wallace. NAYE:Aldermen Puttick and Smeston. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the communication from the firm of Broderick, McLeod,Clifford, Marineill and Amadio be received and filed. REPORTS No. 442 - City Clerk - Re: Adjustment of existing salary schedules and benefits for non-union employees. Advising that the Connnittee-of-the.Whole recommends ratification by Council of classifications and salary schedules for 1973 and 1974; recommending that the by-law to adopt the revised benefits be given three readings. ~ In opposing the recommended increases for non-union employees at the executive level, Alderman Puttick commented on the procedure followed whereby non-union salary increases and benefits are determined by the Union agreement. He was critical of the lack of proper Job evaluation, monetary ceilings, retro- active pay and of the fact that Council members were only provided with. comparison figures of salaries paid for similar positions in other municipalities. The Alderman considered that detailed information regarding responsibilities , productivity, etc..should be made available. He. did not agree that non-union personnel would organize or an "exodus of top personnel" would occur if increases were not retroactive and on a par with union wage schedules. The Alderman advised that delegates to the recent ~onference of Association of Municipalities of Ontario, industrial, medical and union representatives as well as local ratepayers had agreed that the system presently practiced in the City of Niagara Falls is incorrect. In opposing the recommended increases, Alderman Puttick suggested:(1) a 4% increase to nan-union employees; (2) no agreement for the year 1974 until a true evaluation of Job productivity and responsibility is provided; (3) that increases be decided by the Council Council and be based on dollar value rather than percentages; (4)refusal of the dental plan proposal; (5) no retroactive pay; (6) an informal meeting with department heads and Council members only to hear complaints or suggestions; (7) a ceiling on executive salaries with adjustments based only on cost of living statistics; (8) the responsibility for policy making be the responsibility of Council and members "stop rubber stamping of recommendations"; (9) no re-classification of non-union personnel and subsequent salary increases, without a complete survey. -4- Report #442 (Cent'd) Alderman Wallace noted that before a settlement with the Union was finalized, it was necessary for Council to strike a budget for 1973. Accordingly, the budgeted amount for wages was estimated at 7% and an allowance made for non- union salaries. Traditionally, matters dealing with salaries and employees are items discussed in Committee of the Whole and during such meetings Council had been provided with e history of the procedure followed in the past as well as information regarding salaries paid to senior officials in Ontario municipalities of comparable size. The Alderman said that the information indicated to him that senior staff members in Niagara Falls were, if anything, underpaid in relation to other cities. He suggested that Council had, in feet, exercised control when consideration was given to the category of a senior official because his salary was particularly low and inequitable as compared to similar positions in other municipalities. Alderman Wallace suggested that the recommended increases compared reasonably with the union figure of 7% and the City was fortunate to have negotiated a reasonable two-year agreement and to have kept the increases within the budgeted amount. Each member of Council then expressed his view of the proposed increases and benefits and explained their reasons for supporting or opposing the adoption of the report. Alderman Thomson declared s possible conflict of interest becaose of his relationship with the Fire Chief, g. Thomson. The Alderman asked to be excused from voting on the matter. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Wallace that the report of the City Clerk be received and adopted and Council ratify the 1973 and 1974 salary schedules and give three readings to the by-law adopting the revised benefits. The motion Carried with the following vote: AYE: Aldermen Hunt, Harrigan, Keighan, Smeaton, Schisler, Walker, Wallace. NAYE:Aldermen Christensen, Fern, Mann and Puttick. Note: Alderman Thomson declared his interest and abstained from voting. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that a report appearing as No. 8 on the agenda be brought forward for consideration st this time. No. 443 - City Manager - Re: Request from Mrs.Patricia Brady,28~l Freeman St. for a driveway entrance and removal of a one foot reserve along Pettit Avenue. Note: Alderman Wallace declared his interest and retired from the Council. Chambers. ORDERED on the motion of Alderman Mann, seconded by Alderman Walker that Mr. John HopkinS, be granted permission to address Council. Mr. Hopkins reviewed the background of the matter and advised that Mr. end Mrs. Brady are the registered owners of Lot 6, Plan 113 which fronts on Freeman Street end includes a strip of land 25 feet in width and approximately 455 feet in length. The property has been used for the parking of trucks sines 1956. In 1966 a portion of the land was sold to River Realty for the purposes of Pettit Avenue in exchange for an agreement which provided that River Realty would install a driveway. The cut was never made and the matter has been under discussion since about 1968. Mr. Hopkins edvlsed that Mr..Bredy parks his tractor-trailer on the site only two or three days out of every two weeks. In 1968 it was recommended,that the one foot reserve not he lffted but Mr. Brady would be allowed to cross over and use the N.S.& T. right-of-way was not accept- able inasmuch as the property owners would be required to pay the costs involved a~ remove a boundary fence. Mr. Hopkins did not agree with a statement that the use of the land for parking had ceased in 1970 pointing out that Mr. Brady had been home only 24 days of that particular year. He also suggested that the parking of the vehicle may very well not be a violation of the zoning byelaw as no business is being carried on at the location. In addition, it may be con- sidered a non-conforming use inasmuch as the use pre-dated the by-law. A petition circulated by Mr. Brady indicated that 24 neighbouts did not object to the use of the property for perkins purposes. - 5 - Report No.443 (Cent'd) In reply to many questions posed by members of Council the City Engineer and the City Solicitor provided additional information regarding the advantages of the recommended alternate access using the N.S. & T. right-of-way and the provisions of the zoning by-law. It was then moved by Alderman Keighan, seconded by Alderman Puttick that the report of the City Manager be received and tabled for two weeks pending the preparation of a detailed report by the City Solicitor. The motion Carried unanimously. No. 444 - City Manager - Re: Sale of Lot 14 Falls Industrial Park. Advising that Mr. and Mrs. C. Olson plan to erect a shop and office to continue the operation of the F.N.Fulop Plumbing and Heating Company; recommending that the 1.03 acre lot, number 14, be sold to Charles Olson and Iris M. Olson for the sum of $7,210. which the closing date of September 30,1973 and the building permit be subject to an approved site plan. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the report be received and adopted. No. 445 - City Manager - Re: Sale of Lots 25,30,31 and 32, Falls Industrial Park. Advising that Strev Construction Co. Ltd. will construct and lease the initial 25,000 sq.ft.building to Framus Werke, a manufacturer of stringed instruments; recommending approval of the sale of lots 25,30,31 and 32 to Strev Construction Company Limited of Niagara Falls at $4,000 per acre, a total amount of $24,320. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the report be received and adopted. See By-law No.73-214 No. 446 - City Manager - Re:Sale of Lots 42 and 44, Falls Industrial Park. Advising that Stray Construction Co. Limited have now given notice that it wishes to exercise its option to purchase Lots 42 and 44 and the by-law authorizing the sale is listed on the agenda. ORDERED on the motion of Alderman Hunt, seconded by Alderman gchisler that the report be received and filed and the by-law be approved. See By-law No. 73j213 No. 447 - City Manager - Re: Sale of Lot 47, Falls Industrial Park. Recommending that Lot 47 be sold to Don Redo Properties Inc. at a cost of $41,560 for the 10.39 acre site. ORDERED on the motion of Alderman Hunt, seconded by AldermsnSchisler that the report be received and adopted. No. 448 - City Manager - Re: Encroachment,E.Brzozowski, 3073 St. Paul Ave. Recqmmending approval of the by-law to permit an encroachment on the McMicking St. road allowance subject to payment of $25.00 to cover legal costs; a legal description of the premises and a legal description of the encroachment and a plan of survey. As St.Paul Avenue is a Regional road, the owner's solicitor has been instructed to contact Regional officials regarding the St.Paul Avenue encroachment. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted and the by-law be given three readings. See By-law No.73-217 No, 449 - City Manager - Re: Removal of 1' Reserve on the north side'of Cherrywood Road. Recorm~ending that the 1' reserve be lifted as it affects the property purchased by M.N.Y. Inveetments Ltd., subject to the owner being required to enter into a site plan agreement including a site plan and legal descript.tons required by the City Solicitor be provided, ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the report be received and adopted, No. 450 - O~ty Manager - Re: Council Tour for 1973. Advising that arrangements have been made for a Council tour on Saturday, September 29,1973. The bus will leave the Municipal Service Centre on Stanley Avenue at 9:00 a.m. and lunch will be arranged. ORDgRED on the motion of Alderman Mann, seconded by Alderman Hunt that the report he received and the arrangements for a Council. Tour be approved. - 6- Reports (Cont'd) No. 451 - City Manager - Re: Inter-Municipal Borrowing. Advising that the Regional Council has recently approved a system of borrowing from area munici- palities, where possible, funds in units of one hundred thousand dollars at a rate of 3/4 of 1% less than the current bank prime rate, with a term in the sixty to one hundred day range; recommending approval of the loan of temporary idle City funds to the Regional Municipality of Niagara when such funds are available and only at such times as would produce the highest rate of return for the City. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and adopted. No. 452 - City Manager - Re: Special Equipment - Installation of Valves. Reconunending the purchase of the equipment from the Canadian subsidiary of Mueller Limited in the amount of $7,528.20. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the report be received and adopted. See Resolution No.127 No. 453 - City Manager - Re: Soft Floor Covering. Reconnnending acceptance of the lowest quotation submitted by Saks Furnishers for the installation of soft floor covering in the Purchasing, Personnel and general offices of the City Clerk's Department in the amount of $2,162.27. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fera, Mann, Harrigan, Keighan, Puttick,Schisler, Walker, Thomson. NAYE:Aldermen Smeaton and Wallace. See Resolution No.128 No. 454 - City Manager - Re: Sale of Trees at Sanitary Landfill Site.Recommending that the City Engineer be authorized to remove and dispose of trees at the sanitary landfill site either as logs and firewood to dealers or to private purchasers. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the report be received and adopted. No. 455 - City Manager - Re: Snow Fence & Posts. Recommending that the lowest bid for the supply of snow fence in the amount of $3,372. submitted by Lennox Snow Fence be accepted; recommending further that the low bid for the supply of snow fence ties in the amount of $178.88 and 6 ft. snow fence t-bar posts in the amount of $625. submitted by Frost Steel and Wire be accepted;recommending further that the price of $1,500. submitted by Lundy Fence Company for snow fence t-bar posts be accepted. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted. See Resolution No.129 No. 456 - City Manager - Re: Underground Services,Phase III, Falls Industrial Park,G.C.33-73. Reconunending: (1) that the contract for the Phase III Under- ground Services be awarded to Charles Dupuis Construction Ltd. in the amount of $111,711.11; (2) that $35,000. of the $111,711.11 contract be charged to the Expansion and Renewal Fund and (3) that Phase III services be paid for from the sale of lands in the Falls Industrial Park. ORDERED .on the motion of Alderman Wallace, seconded by Alderman Fera that the report be received and adopted. ,~. See Resolution No.130 No. 457 - City Mars get - Re: Annual Conference of the Town Planning Institute of Canada. Reconnending that the Planning Administrator be authorized to attend the Conference in Charlottetown, Prince Edward Island, September 11 to 15,1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. No. 458 - City Manager - Re: Roads and Transportation Association of Canada - Annual Conference, Halifax, October 9th to 12th,1973. Recommending that one member of the engineering staff be authorized to attend. ORDERED on the motion of Alderman Hunt, seconded b~ Alderman Keighan that the report be received ahd adopted. - 7- Reports (Cont'd) No. 459 - City Manager - Re: Ontario Plumbing Inspectors' Association, Annual Conference, Brantford,Ontario, September 17 to 19th,inclusive; reconunending that the Plumbing Inspector be authorized to attend. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. No. 460 - City Manager - Re: Specialists Training Course for Johnson Controls Systems, Milwaukee, Wisconsin, November 1973. Advising that Johnson Controls have a contract with the City for maintenance of all controls pertaining to air conditioning and heating within City Hall; recommending that the Head Custodian, R.Pearson, be authorized to attend the training course. ORDERED on the motion of Alderman Thomson, seconded by Alderman Keighan that the report be received and adoptedy No. 461 - Aldermen Puttick, Hunt and Christensen - Report of the Annual Conference, Association of Municipalities of Ontario, Toronto, August 19-22,1973. The report covers resolutions, planning and employer-employee relations. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the report be received and filed. No. 462 - City Clerk - Advisory Report. Reconunending approvsl of the annual Peanut Drive by the Kinsmen Club of Niagara Falls; the designation of the week of September 23-29 as '~lowers of Canada Week"; proclamation of the week of September 16-22,1973 as "Jaycee Week. The report advises that the Regional Municipality has deferred the adoption of a policy regarding the construction of sidewalks on regional roads until Septtuber 13th. A progress report on the Stamford Satellite Arena. No. 463 - City Manager - Recommending approval of Municipal Accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman ~Fegaau that the report be received and adopted. No. 464 - City Clerk - Reconnnending approval of Municipal Licences. ORDERED on the motion of Alderman Hunt, seconded by Ald~.~eighan that the report be received and adopted and licences granted. RESOLUTIONS No. 127 - CHRISTENSEN - FERA - RESOLVED that the tender for the purchase of special equipment for the installation of valves in watermains ~nder pressure submitted by the Canadian subsidiary of Mueller Limited fn the amount of $7,528.20 be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No.128 - HUNT - CHRISTENSEN - RESOLVED that the quotation received from Saks Furnishers for the installation of soft floor covering in the amount of $2,162.27 be accepted.; AND the Seal.of the Corporation be hereto affixed. parried No.129 - HUNT - CHRISTENSEN - RESOLVED tha~-.the bid for the supply of snow fence in the amount of $3,372,'submitted by Lennox Snow Fence be accepted; that the bid for the supply of snow fence t~es in the amount of $178.88 and 6 it.snow fence t-bar posts in the amount of $625. submitted by Frost Steel and Wire be accepted and, further that the price of $1,500. submitted by Londy Fence Company for snow fence t-bar posts be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimoual/ No. 130 - WALLACE - FERA - RESOLVED that the contract for the Phase III underground services in the Falls Industrial Park,G.C.33-73, be awarded to Charles Depuis Construction Ltd. in the amount of $111,711.11; AND the Seal of the Corporation be hereto affixed. Carried Unanimousll_ No. 131 - THOM8ON- KEIGHAN - RESOLVED that a message of sympathy be forwarded to the family of the late R. Thomas, former Chief of the Fire Department; AND the Seal of the Corporation be hereto affixed. Carried Unanfmousl~ - 8- Resolutions (Cent ' d) No. 132 - THOMSON - KEIGHA~., - RESOLVED that a message of condolence be forwarded to the family of the late Floyd Petrie, brother of City Historian Francis Petrie and respected resident of the City; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ,! No. 133 - PUTTICK - HUNT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Group 2 Development Ltd. for the rezoning of property located on the south side of McLeod Road, west of Dorchester Road snd known as Part of Twp.Lot 178, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Treasury, Economics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-lAWS 73-208 - A by-law respecting sick leave credits, pensions and other benefits for employees. ORDERED on the motion of Alderman Hunt, seconded by Alderman Harrigan that Alderman Wallace be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that the By-law be now given a second and third reading. The motion Carried with the following vote: AYE: Aldermen Hunt, Hsrrigan, Keighan, Smeaton, Schisler,Walker,Wallace. NAYE:Aldermen Christensen, Fern, Mmnn and Puttick. Note; Alderman Thomson abstained. No.73-209 - A By-law to repeal By-law No.73-185 respecting-the appointment of an alternate representative to the Regional Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Ketghan that the By-law be now give a second and third reading. Carried Unanimously. Note: Alderman Thomson retired from the Council Ghambers. No. 73-210 - A By-law to authorize 8n application to the Ontario Municipal Board for an amending order respecting the Urban Service Area for the fomer Village of Chippawn. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Aldermsn 8meaton be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Aidarm. an Fern that the By-law be now given a second and third reading. Carried Unanimously Note: Aideman Puttick retired from the Council Chambers. No. 73-211 - A By-law to amend By-law No.73-167 which designates certain plants 88 noxious weeds. ORDERED on the motion of Aideman Runt, seconed by Aideman Smeaton that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Keighan that the By-law be no~ given a second and third reading. Carried Unanimously i By-laws (Cent'd) - 9- Note: Alderman Puttick returned to the Council Chambers No.73-212 - A By-law to authorize the construction of a watermain as an extension to the water supply system in the Urban Service Areas of the City. (TWO READINGS ONLY) ORDERED on the motion of Alderman Mann, seconded by AldermmChristensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimous l. X ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second reading. Carried Unanimous l~ No. 73-213 - A By-law to authorize the sale of land in the Falls Industrial Park to Stray Construction to. Limited. (Lot Nos. 42 and 44) ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Wallace be granted leave to introduce the By-law and the By-law be given a first reading. Carried UnanimousiX ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimouslx No. 73-214 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lts 25,30,31,32 - Lot 47 - Lot .Note:Alderman Thomson returned to the Council Chambers. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 73-215 - A By-law to authorize the construction of watermains and sewermains for Falls Industrial Park and an agreement with Charles Dupuis Construction Ltd. ORDERED on the motion of Alderman Mann, seconded by Alderman Keighan that Alderman Runt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunts seconded by Alderman Christensen that the Byilaw be now given a second and third reading. Carried Unanimously. No. 73-216 - A By-law to authorize an agreement with Wtllinger Systems Incorporated for the supply of clay for the sanitary landfill site. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Keighan that Alderman Wallace be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that the By-law be now given a second and third reading. ~OTE: See additional By-laws Page ! Carried Unanimously NEGOTIATiNC CO{{4ITTEE NEW BUSINESS Alderman Harrigan referred to the procedure followed whereby members of Council receive reports from the City Manager regarding the progress and reconnnenda- tions of the City's Negotiating Committee. It was the opinion of Aideman Harrigan that at least two members of Council should be on the Committee. - 10 - New Business (Cont'd) ORDERED on the motion of Alderman Harrigan, seconded by Alderman Mann that the City Council endorse, in principle, the concept of having Aldermanic repre- sentation at future negotiations dealing with the wages of union and non-union employees and, further, that the City Manager be instructed to prepare a full report regarding the feasibility, legality, advantages and disadvantages of this proposal. .' : ' : ' '~' DOWNTOWN MALL Alderman Harrigan stated that in his opinion the opera tion of the Mall on Queen St. was a failure. He suggested the need for a provision to exempt the City from any liability resulting from loss of business. As an example of the procedure required, he cited the steps taken by the City of Toronto in obtaining provincial legislation in this respect. It was then moved by Alderman Harrigan~ seconded by Alderman Christensen that City Staff be directed to initiate the necessary steps to obtain a Private Bill permitting the City to establish a downtown mall and to exempt the Municipality from any liability arising as a result of its operation. The motion Carried unanimously. WARD SYSTEM - 1974 ELECTION Alderman Keighan noted that during negotiatiomprior to the establish- ment of the Regional Municipality of Niagara, it was suggested that the existing ward system be used for the first two municipal elections. It was his understanding that the 1972 election was the last year in which this system would remain in force. Members of Council will therefore be required to review the procedure to determine if changes should be made. The City Clerk indicated that the matter will. be-discussed_further at the next Council Cogmitten meeting. RAILWAY RELOCATION Alderman Keighan stated that last last year, the federal government had indicated that consideration was being given to amending grants as they rapply to railway relocation. At that time it was indicated th~municipa litins may be eligible for increased grants for this purpose. Aldernmn Keighan requested a report providing information as to whether the grants have been increased and if they are available to the Municipality. LYON'S CREEK PARKWAY Alderman Hunt outlined the difficulty encountered by the local ambulance service in answering a call to a Lyon's Creek Parkway address and the fact that the roadway does not appear on the City map. The City Manager confirmed that a question did exist regarding the legality of the street as it is a private roadway as opposed to a public street. Further discussions are being carried out and the matter will appear on a future Council Committee agenda for further consideration. '1917 LAND PURCHASES BY ONTARIO HYDRO Aldernmn Puttick made reference to suggestions made earlet that the price paid by Ontario Hydro for property purchase in 1917 appeared to be unrealistic. The City Manager had confirmed that the price paid was accurate and suggested the cost may appear inflated because of buildings located on the land. GARDEN PLOTS 'Alderman Puttick made reference to an article in Civic Magazine regarding the availability of garden plots for the residents of that Munici- pality. He asked if information could be made available regarding the practicability of a similar idea for the City of Niagara Falls. SIDEWALK DAMAGE - NORTH ST. AT PORTAGE RD. Aldennan Puttick reported a complaint regarding the sidewalk at the south-east corner of North Street and Portage Road, Apparently the sidewalk had been broken up and asphalt used to repair the damage. He requested the City Engineer to investigate the complaint. - 11 - New Business (Cont'd) C.M.H.C.FUNDS Alderman Wallace made reference to a copy of a newspaper article dated August 23rd announcing the availability of C.M.H.C. funds for a variety of purposes and, in Particular, for neighbourhood improvements. The Alderman commented on the possibility of taking advantage of such a program for improve- ments to the Glenview district. Alderman Wallace also expressed interest in the land assembly program designed to assist municipalities to acquire land for various purposes. Such programs, he said, might provide a method whereby the City could re-kindle the Urban Renewal Program. He suggested staff investigate the new provisions and, if possible, obta in application forms. The City Manager reviewed the steps taken by staff members in order to take advantage of funds which may be available to the City. The City Council will be kept informed of further action by City Staff. LIONS' CLUB MIDGET BASEBALL TEAM At the suggestion of Alderman Puttick, congratulations will be forwarded to the Lions' Club Midget Baseball Team for the manner in which they represented the City during the Canadian Championship games at Bar Head,Alberta. ASCOT WOODS SUBDIVISION Alderman Christensen indicated his concern regarding the development of the Ascot Woods Subdivision and the delay in proceeding with the development because of the inability of the developer to obtain an easement across property owned by a Mr. Lebovic. The City Engineer outlined the problems involved in obtaining an outlet into the W-5-4 watercourse. In addition, it was necessary for the City to obtain approval from the Conservation Authority regarding the waterway. SWIMMING POOLS TO REMAIN OPEN On the instructions of the City Manager, the F.H.Leslie swin~ning pool and wading pool, and the wading pool at Mitchelson Park will remain open during the durrent heat wave. By-Law No.73-217 - A By-law to allow the maintaining and using of a building which encroaches on McMicking Street. ORDERED on the motion of Aiderman Hunt, seconded by Aiderman Keighan that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimo,u, sly ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously By-law No.73-218 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimous. ly ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously - 12- ADJOURNMENT The meeting adjourned on the motion of Alderman Puttick, seconded by Alderman Walker. READ AND ADOPTED ,] lerk -, Mayor FORTIETH MEETING Council Chambers, September 10, 1973. SPECIAL MEETING Council met in a special session on Monday, September 10, 1973 for the purpose of considering three Ontario Housing Corporation proposals to provide geared-to-income housing in the Municipality. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present with the exception of Alderm~mChristensen. REPORTS No.465 - Mayor George Bukator - Re: Proposals for Ontario Housing Corporation geared-to-income housing units. Submitting the comments of the Mayor's Committee on Housing and re-affirming the need for geared-to-income housing. No.466 - City Clerk - Submitting a resume of objections to three applications for the rezoning of properties to permit the construction of Ontario Housing Corporation geared-to-income accommodation. No. 467 - Planning and Development Committee - Re: AM-28/73 Fennell Developments Ltd., Lots 336-37-38-39,R.p.44 and Pt.Lot 114, north side Bellvue Street. The report recommends approval of the application and, further, that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. The Planning Administrator, p. Van Belle, indicated on a tabled map a 2.4 acre parcel of land located on the north side of Bellvue Street in the triangle formed with the Hydra-right-of-way. The change in zoning from single family residential to multi-family residential would permit the construction of 28 town- house dwelling units. Mr. VanBelle replied to numerous questions by members of Council and commented on recent revisions to the plan, a future road pattern for the area, a proposed park and a possible road access from an extension of Valley Way to Bellrue Street. Mr. A. MacBain was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Thomson. Mr. MacBain, a solicitor representing residents of Bellrue Street, Maureen Crescent, Timothy Crescent and Balmoral Avenue, advised that petitions on behalf of 161 homeowners have been filed with the City Clerk. He noted the area is Predominately single family development with the only exceptions being three high rise apartments on the perimeter of the property. It is theposition of the Petitioners, he said, that the granting of the application will determine the future use of 13 acres of vacant land which includes the 2.4 acres or more proposed as a site for the O.B.C. project. The objectors strongly oppose multiple housing of any type which would change the character of a mature, stable neighboer- hood with existing homes being described as good to excellent and improving. Mr. Macgain said his clients have suffered enough harassment as a result of a "planning error" which permitted the building of three apartment houses and three additional applications for multiple housing on the site since 1970. He suggested the change to multi-Lfamily development will lead to more applications which could not be logically refused. Traffic and school congestion and previous assurances that the Balmoral Ave. area would remain single family were also cited as reasons for objections to the proposal. Mr. Macgain asked that Council support the request of the petitioners that the single family dwelling character of the area not be destroyed by encroachment of multi-family housing of any type. Klydel Holdings Inc. also own property in the immediate area and Mr. I.MaCallum appeared before Council and advised that if higher than single family density in the area is approved, Klydel Holdings would request the same considera- tion in the development of their lands. It was then moved by Alderman Harrigan, seconded by Alderman Fern that the report of the Planning and Development Committee be received and filed and the application of Fennell Developments Ltd. for the rezoning of property located on the north side of Bellrue Street, be denied. The motion Csrried with Alderman Keighan voting contrary and all others in fayour. - 2- Report No. 468 Planning and Development Committee - Re: AM-29/73 Taro - Properties Inc., Pt.Twp.Lot 173, north side McLeod Road, east of Drummond Road. Approval of the application will permit rezoning of the land from single family residentialam] neighbourhood to townhousing. The report recommends approval of the application and that Council certify, by resolution, that the application conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area. Mr.L.Detlor, Chairman of the Niagara Falls Housing Authority, suggested the existing and continuing need for geared-to-income housing is ~ vital to the Municipality. He advised of 119 applications presently on file and '. suggested the situation would be compounded if the applications for the rezoning necessary to establish multi-family housing are all denied. Mr. Detlor also , f commented on the Housing Authority's program and the fact that a substantial amount of money is spent for maintenance and to keep the buildings up to standard. Mr. Jim Long, Development Office, Ontario Housing Corporation, regretted the time lost since April when Council heard O.H.C. representatives and passed a resolution requesting the Corporation to invite proposals from private developers. Proof of the need is indicated by the applications on file and by an O.H.C. survey. Much time and effort is spent on rezoning properties and with each delay land costs are increased, he said. Several residents of the area voiced their objections to establishing additional O.H.C. multi-family accommodation in an area where such projects already exist. They also confirmed vandalism problems and the need for increased police surveillance. His Worship Mayor Bukator said that Council had toured existing O.H.C. projects and he was very much impressed with the homes. He indicated that because of the obvious and continuing need for geared-to-income housing, the Mayor's Committee on Housing will not be disbanded. Mayor Bukator urged members of Council to approve at least one of the applications in view of the number of residents requiring such acconmodation. It was then moved by Alderman Walker, seconded by Alderman Mann that -the report of the Planning and Development Committee be received and filed and the application of Taro Properties for the rezoning of property located on the north side of McLeod Road, east of Drummond Road be denied. The motion was Defeated with the following vote: AYE: Aldermen Hunt, Fera, Mann, Walker, Thomson. NAYE:Aldermen H~rrigan ,Keighan, Puttick, Smeaton, Schisler and Wallace. ORDERED on the motion of Alderman Keighan, seconded by Alderman Puttick that the report of the Planning and Development Ccnmnittee be received and adopted and the application of Taro Properties for the rezoning of property located on the north side of McLeod Road, east of-Drummond Road be approved; further, that Council, by resolution, certify that the application conforms to the qfficial Plan Amendment No. 28 of the Niagara Falls Planning Area. The motion Carried with the following vote: AYE: Aldermen Harrigan, Keighan, Puttick, Smeston, Schisler,Wallace. NAYE:Aldermen Hunt, Fera, Mann, Walker, Thomson. See Resolution No.134 Report No. 469 - Planning and Development Coum,ittee - Re: AM-30/73 Taro Properties Inc., Pt.Twp.Lot 172, north side McLeod Road, east of Dorchester Road. A rezoning application for a change iu zoning from single family residential to two-family and ~ulti-famiIy residential to permit the constrnction of Ontario Housing geared-to-income homes. The report recommends approval of the applica- tion and certification by Council that the application conforms to Official Plan Amendment No. 28 of the Niagara Palls Planning Area. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Rarrigan that the report of the Planning and Development Conm,ittee be received and filed and the application of Taro Properties for the rezoning of property located on the north aide of McLeod Road, east of Dorchester Road be denied. Carried unanimously. -i - 3 - Reports (Cont'd) No. 470 - City Manager - Re: Setbacks on Regional Roads. Commenting on a Regional report which recommended a by-law be established to regulate setbacks along Regional roads. The comments of the Municipality were requested. The report recommends (a) no duplication of permits be required; (b) area municipalities establish parking and loading standards; (c) when area municipal by-laws are amended, Regional standards are considered to be incorporated; (d) the character of individual area municipalities be recognized and alternative methods be employed regulating the policy and (c) a discussion on ultimate setbacks be initiated and Joint Staff Con~ittees be established to review ultimate setbacks along Regional roads. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report of the City Mars ger be received and adopted and the comments be forwarded to Regional authorities for consideration. RESOLUTION No. 134 - KEIGHAN - PUTTICK - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Taro Properties Inc. for the rezoning of property known as Pt. Twp.Lot 173, located on the north side of McLeod Road, east of Drummond Road, conforms to the Official Plan Amend- ment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Treasury, Economics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. The resolution was approved with the following vote: AYE: Aldermen Harrigan, Keighan,Puttick,Smeaton,Schisler,Wallace. NA~YE:Aldermen Hunt, Fera, Mann, Walker, Thomson. BY-lAWS No.73-219 - A By-law to authorize the execution of a site plan agreement with Taro Properties Incorporated. (Pt. Twp.Lot 173,north side of McLeod Road, east of Drummond Road) ORDERED on the motion of Alderman Wallace, seconded by Alderman Harrigan that Alderman Puttick be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Puttick, seconded by Alderman Wallace that the By-law be now given a second and third reading. The motion Carried with the following vote: ~ AYE Aldermen Rarrigan, Keighan,Puttick,Smeaton,Schisler,Wallace NAY.___E: Aldermen Runt, Fern, Mann, Walker, Thomson. ~o.73-220 - A By-law to amend By-law No. 2530,1960 of theformer Township of S~amford, now in the City of Niagara Falls, ss amended. ORDERED on the motion of Alderman Wallace, seconded by Alderman Herrigan that Alderman Puttick be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Puttick, seconded by Alderman Wallace that the By-law be now given a second and third reading. The motion Carried with the following vote: " ~YE: Aldermen Rarrilg~,,Keighan,puttick,Smeaton,SchislersWallace' _NAYE: Aldermen Hunts Fern, Mann, Walker, Thomson. The meeting adjourned on the motion of Alderman Puttick, seconded by Alderman Mann. READ AND ADOPTED, Mayor '4 FORTY-FIRST MEETING Council Chambers, September 17, 1973. REGULAR MEETING Council met on Monday, September 17, 1973, for the purpose of considering general business. All Members of Council were present with the exception of Aldermen Christensen. His Worship Mayor George Bukator presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the minutes of the August 27th, September 4th and September 10th meetings be adopted as printed. UNFINISHED BUSINESS DISTRIBUTION CENTRE By-Law 73-117 - A zoning amendment to permit the operation of a proposed distribu- tion centre on property located on the west side of Garner Road immediately north of the C.N.R. right-of-way. Report ~ 471 - City Clerk - Advising of an Ontario Municipal Board hearing on Monday, October 15,1973, 11:00 p.m. for the hearing of all parties interested in supporting or opposing the application. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the report be received and filed and the date of the hearing noted. LANDLORD AND TENANT ADVISORY BUREAU Report #421 - City Manager - Re: By-law to establish a Landlord and Tenant Advisory Bureau; providing a copy of a proposed Regional by-law and suggesting the proposal be reviewed and comments forwarded to the Regional Finance Committee. Report ~47Z - City Manager - Recommending City Staff be authorized to work with the Social Planning Council in drafting a method of operation for the proposed Landlord and Tenant Advisory Bureau and, further, that Regional authorities be notified that the City will be establishing such a bureau and the names of the persons nominated will be submitted st a later date. ORDERED on the motion of Alderman Thomson, seconded by Alderma~Schisler that the report be received and adopted. SIDEWALK - WEST SIDE OF STANLEY AVE. Report ~415 - City Manager - Re: Sidewalk on the west side of Stanley Ave. Recommending improvementa to the cross ins of the railway tracks; a stone pathway be installed along the cemetery frontage and that the normal four foot sidewalk be installed between Fraser Street and the railway with a cost apportionment of $480. to the Welland County Separate School Board and $1,520. to the City. Co=ln.~lOg-Welland County Roman Catholic Separate School Board - Advising that the Board has no authority to spend school board funds for the building of sidewalks and such s procedure would set a dangerous precedent; expressing the hope that some alternate method will be found to finance the normal sidewalks from Fraser Street to the railway spur line. ORDERED on the motion of Alderman Puttick, seconded by Alderman Keighan that the co~nunfcation be received and filed and the City construct a normal sidewalk on the west side of Stanley Avenue from Fraser St. to the railway with money from current funds. The motion Carried with the following vote: A__~: Aldermen Hunt, Fera, K'eighan,Puttick,Smeaton,Thomson. ~.~_~:Aldermen Mann, Marrigan, Schisler, Walker, Wallace. TRAFFIC MODIFICATIONS - FERRY STREET & BUCHANAN AVE. Report ~438 - City Manager - Re: Traffic Problems - Ferry St. and Victoria Ave. commendfng the Region be advised that the City is in fayour of the following: traffic signals at the intersection of Ferry St. and Buchanan Ave. be removed and traffic on Buchanan Ave. be required to atop at Ferry St.; 2) necessary guide sign changes to transfer traffic from Buchanan Ave. to Stanley Ave.; 3) no pro- hibition of left turns from traffic northbound on Buchansn to westbound on Ferry St. at this time but traffic counta be taken after the removal of traffic control signals to see if this is necessary; 4) removal of parking from the south side of Ferry Street between Stanley St. and Victoria Ave. to become effective June 14, 1974, be considered by the Municipal Parking C~mxittee; 5) left turns from northbound - 2- Traffic - Ferry St. & Buchanan Ave. (Cent'd) on Victoria to westbound on Centre St. be prohibited effective June 14,1974 and 6) the examination of the pns~tbilityz~6f re-routing traffic so the left turn from Victoria Ave. southbound to Clifton Hll eastbound could be prohibited. (The report was received and tabled at the meeting of September 4,1973) Report ~473 - City Manager - Advising of a Parking Committee reconnnendation that parking prohibition on Ferry St. between Stanley Ave. and Victoria Ave. be delayed until the Committee is satisfied that adequate facilities are available. The report recommends that Item 4 of Report #438 be changed to indicate that "no parking restrictions" be placed on the south side of Ferry St. between Stanley Ave. and Victoria Ave. effective the first week of 3une 1975 and the remaining suggestions contained in the report be approved. Comm.~llO - Welland County Ronmn Catholic Separate School Board - Re:Proposed elimination of lights at Ferry and Buchanan Streets. Suggesting that elimina- tion of the lights at the intersection would be to the detriment of the safety of students crossing the intersection; requesting that the traffic lights not be removed. Comm.#111 - Parent-Teachers Association, St.Ann's School - Suggesting that removal of the traffic light at Ferry St. and Buchanan Ave. would seriously endanger pupils from St.Ann's school who use the crossing as an access to the school grounds; requesting that Council oppose the Regi?n's proposal to remove the light. Comm.#112 - Welland County Roman Catholic Separate School Board - Advising that the trustees of the Board support the parent-Teachers Associationks opposition to the traffic light. ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that Mr.D.Marinelli be granted permission to address Council. Mr.Marinelli presented a petition objecting to the proposed changes in the Ferry St.-Buchanan Ave. area. The petition was signed by the operators of 39 business establishments. Mr. Marineill suggested that traffic problems will not be solved by the removal of a few parking spaces and a traffic light at one intersection. If traffic experts cannot agree with the changes, he~said, the question should be decided by the people most affected, that is, the residents and business operators in the immediate vicinity. He referred to the communications from the Separate School Board ~nd the parent-Teachers Asset. and the opinion that removal of the traffic light would create a safety hazard for children. He said a great number of children are eccustQmed to crossing at the intersection and this factor should be given prime consideration. Any problems, he said, only exist for a few ~ays during the peak tourist season and the suggested changes will not rectify the problem during those periods. Mr. Marinelit advised Council of the concern of business establishments in the area regarding the removal of parking spaces in a prime tourist area and recommended that. the situation remain as it is. During the discussion which followed, information was provided regarding co-ordination and synchronization of traffic lights, the possible removal of the median at the .intersection of Stanley and Ferry St. and the provision of future off-street parking. It was then moved by Alderman Thomson, seconded by Alderman Puttick that the report of the City Manager be received and filed and the Public Works and Utilities Co~anittee of Regional Niagara be notified that the City of Niagara Fells does not concur with shy of the traffic modifications~outlined in Regional Report DET1816. The motion Carried unanimously. It was then moved by Alderman Pottick, seconded by Aldermen Smeaton that Council adopt recomm~ndationa 5 and 6 as contained in the report of the City Manager dated September 4, 1973, that is, 5) prohibition of left turns from northbound On Victoria Ave, to westhound on Centre St. effective June 14, 1974 and 6) examination of.the possibility of re-routing traffic so the left turn from Victoria Ave. southbound to Clifton Hill eastbound could be prohibi- ted. The motion'was Defeated with the following vote: AYE: Aldermen Hunt, Smeaton, Puttick, Thomson,Schisler. ~E:Aldermen Fern, Mann, Harrigans Kelahans Walker, Wallace. - 3 - Traffic - Ferry St. and Buchanan Ave. (Cent'd) A motion by Alderman Harrigan, seconded by Alderman Mann that removal of the barrier median on Ferry St. near Buchanan Ave. be recommended to the Regional Council was Defeated with the following vote: AYE: Aldermen Hunt, Fern, Mann, Keighan, Harrigan. NAY_ME:Aldermen Puttick, Schisler, Walker, Thomson, Wallace,Smeaton. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the communications from the Welland County Separate School Board and the Parent- Teachers Association of St.Ann's School be received and filed and both parties be notified of the decisions of Council. Conm.~ll3 - J.Hueglin,M.p. - Requesting that one member of Council be appointed to a community-based Local Initiatives Project Advisory Committee. ORDERED on the motion of Alderman Puttick, seconded by Aldermen Hunt that the communication be received and Alderman Christensen be appointed as the City's representative on the Committee. ~EPORTS No. 474 - City Manager - Re: Sale of Lot 39, Falls Industrial Park. Reconnnending approval of the sale of Lot 39 located on the south side of Progress St.between Earl Thomas Ave. and Stanley Ave. to Niagara Paper Box to. Ltd. The cost of the 2.53 acre lot, based on the rate of $7,000. an acre, will be $17,710. The City Manager advised that it was the opinion of the City Solicitor that the report should also include a recon~nendation that Council indicate that the City would be prepared to enter into an agreement of purchase and sale of the lot in the form required by the City for sale of lots in the Industrial Park. ORDERED on the motion of Alderman Schisler, seconded by Aldermen Fern that the report be received and adopted and the Niagara Paper Box Co. be notified that the City is prepared to enter into an agreement of purchase and sale. No. 475 - Planning & Development Committee - Re:AM-23/73 D.R.West,Lot 70, Plan 48, south side of Thorold Stone Road. Rezoning of the property would legalize the operation of an auto repair shop. The report recommends approval of the rezoning and legalization of the existing use subject to a proper site plan agreement and site plan as well as necessary buffer zones, etc. to protect adjacent properties; recommending further that Council certify, by .resolution, that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Aldermen Walker, seconded by Alderman Keighan that Mr. S. Mewburn be granted permission to address Council. Mr. Mewburn, who resides on Elberta Ave., said he was authorized to speak on behalf of 35 residents of the area who are opposed to the operation of the auto repair shop. The applicant, he said, had applied for and been granted a building permit to erect a two-car garage. During construction the building was fully equipped and had been used as a repair garage for more than one year. Mr. Mewburn also expressed the concern of area residents about litte~ and excessive noise during the evenings and onSaturdays and Sundays. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Fern thst the report of the Planning and Development Committee be received and filed and the application of D.R.West be denied. The motion Carried with Alderman Hunt voting contrary and all others in fayour. No. 476 - Planning & Development Committee - Re: AM-35/72 Diol Investments Ltd. Pt. Twp.Lot 141, south-west corner of Lundy's Lane and Dorchester Road to permit the erection of an apartment building and commercial complex. The report recommends approval of the application and, further, that Council certify, by resolution that~e application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Hunt, seconded by Aldermen Thomson thst the report be received and adopted. The motion ~arried with Alderman Smeston voting contrary and all others in fayour. See Resolution No.135 -4- Reports (tout'd) No. 477 - Planning and Development Committee - Re: AM-30/72 P.Rizzo, Pt.Twp. Lot 177, R.P.85,Lot 28, south side McLeod Road. Approval of a change in zoning from Single Family Residential to Neighbourhood Cormnereial would permit the operation of a restaurant. The report recommends that the application be denied. Mr.D.Costello appeared before Council on behalf of the applicant and noted that the lot had been vacant for 10 to 12 years and had been purchased with the intention of constructing a Spanish-style restaurant. He suggested that many restaurants within the municipality have frontages of less than 50 feet. Mr. Costello said the area lends itself to commercial develop- ment and expressed the opinion that this trend will continue. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report of the Planning & Development Con~nittee be received and adopted and the application of P.Rizzo be denied. Note: Alderman Wallace declared his interest-and abstained from voting. No. 478 - Planning & Development Connnittee - Re: AM-34/73 Dow Construction Ltd., Pt.Lot 6, Plan 653, east side Dr,,mmond Road, north of Barker Street. Rezoning of the property would permit construction of two garden court apartment build- ings. ORDERED on the .motion of Alderman Thomson, seconded by Alderman M~nn that the report be received and adopted and the application of Dow Construction Ltd~ be denied. No. 479 - Planning & Development Committee - Recommending that the Planning Administrator or a member of the Planning Department Staff and the Chairman of the Committee or his appointee, be authorized to attend the Community Planning Association Conference in Windsor from September 30 to October 3, 1973. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the report be received and adopted. No. 480 - City Manager - Re: Parking Restrictions on Emery Street.'Recommending the passing of the necessary by-law to make existing temporary restrictions on both sides of Emery Street between Temperance Ave. and Banker Ave. permanent. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received and adopted. No. 481 - City Manager - Re: Parking on Victoria Avenue between Bridge St.and Maple St. Referring to a petition received from residents of the area requesting parking restrictions between 6:00 p.m. and midnight~ suggesting that such restrictions would inconvenience the many cu~maercial users in the area; reco~mlending that no change be made on this section of the roadway. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received and adopted. No. 482 - City Manager - Re: Parking on Huron St. in front of Senior Citizens' Housing. Recommending that parking be removed at ell times from the south side of Huron Street from the westerly limit of the Senior Citizen Housing property to the intersection of St.Clair Ave. ORDERED on the motion of Alderm~n Thomson~ seconded by Alderman Fera that the report be received and adopted. No. 483 - City Manager - Re: School Crossing Guards. Recon~endtng that permanent school crossing guards be assigned to Dorchester Road at Dtanue Strqet and on Victoria Ave. at Stmcoe Street. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report be received and adopted. No. 484.- Alderman William Smeaton - Report of the Niagara Falls Twtnning Cowmittee. Advising that the Committee was unanimous in the selection of five cities from a list of 331 requesting that His Worship Mayor Bukator be authorized to approach the officials of the five candidate cities to determine if they have an interest in twtnning with the City of Niaaara Falls. ORDERgD on the motion of Alderman Hunt,-seconded by Alderman Fera that the report be received and adopted. - 5 - Reports (Cont'd) No. 485 - City Manager - Re: Liability of a landlord to provide adequate heating in rented dwelling sccon~nodation. Advising that the Municipal Act provides that by-laws may be passed by the Councils of local municipalities for providing adequate heat in rented accon~nodation and, if enacted, the by-law will require landlords to provide heat at not less than 70° F. between the 15th day of September and the 31st day of May. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received and the By-law appearing later on the agenda be given three readings. See By-law No.73-223 No. 486 - City Manager - Re: 1973 Local Improvement Program. Reconnnending an application to the Ontario Municipal Board for approval of the entire 1973 Local Improvement proposal. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. No. 487 - City Manager - Re: Proposed Storm Sewer Construction, Stanley Avenue - Church's Lane to Swayze Drive, from Stanley Avenue to Hydro Canal. Advising that the type of soil encountered has a great bearing on the cost of the project because of the size and depth of the sewer and the fact that a crossing is required beneath the C.N.R. railroad; requesting authority to engage William Trow Associates, Hamilton, to carry out the required soils investigation at an estimated cost of $1,400. ORDERED on the motion of Alderman Hunts seconded by Alderman Schisler that the report be received and adopted. See Resolution No. 136 No. 488 - City Manager - Re: Hal-Cot Drainage Pipe. The pipe is to be installed at the Sanitary Landfill Site for the drainage of leach. re in compliance with the requirement by the Ministry of Environment. The report reconunends acceptance of the quotation submitted by Armco Canada Limited in the total amount of $4,780. and that the drainage pipe be ordered. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that the report be received and adopted. See Resolution No.137 No. 489 - City Manager - Re: Re-location of Fairview Cemetery fence. Recommending that Lundy Steel Limited be authorized to proceed with the relocation of the angle iron fence on the south side of Morrison Street, additional rampad panels and new line posts at a total cost of $1,858. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the report be received and adopted. See Resolution No.138 No. 490 - City Manager - Resolutions from other Municipalities. 1. City of Windsor - Requesting the Provincial end Federal Governments to take immediate steps to effectively curb spiralling food costs, etc. The report suggests that press releases substantiate the fact that both Provincial and Federal authorities are aware of the problem and are seeking to take remedial steps and recommends the resolution be received and filed. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hunt that the resolution from the City of Windsor be received and endorsed. 2. City of Windsor - A resolution requesting legislation to provide for the uniform inspection and regulation of carnival rides throughout the Province. Recommending endorsement of the resolution. 3. City of Wtnd8or - A resolution that Assessment Appeal Courts be held earlier in the year. Recommending endorsement of the resolution. 4. (a) Ontario Municipal Recreation Assoctstion - The resolution suggests that government funds be made available to Snowmobile Clubs. Recommending that the resolution be received and filed and the Associstion be so advised. (b) Ontario Municipal Recreation Association - Suggesting the possible use of unused or proposed discontinued railway lines; recommending endorsement of the resolution. ORDERED on the motion of Alderman Thomson, seconded by Alderma~Schisler that the report of the City Manager be received and adopted and resolutions numbered 2, 3, and 4(b) be endorsed and resolution number 4(s) be received and filed. The motion Csrrie~dwith the following vote: A._~: Aldermen Hunt, Fete, Mann, Keighan, Thoma~n~,Putticks Smeaton,Schisler ~NAYE:Aldermen Walker, Wallace and HarriSan. -6- Reports (Coat'd) No. 491 - City Clerk - An advisory report. ~he report includes a recommendation that Council authorize a half-page advertisement in the convention program of the Loyal Order of Moose and permission be granted to the Main and Ferry Business Association to close Main St. from Ferry to Peer St. on Saturdays September 22 for the pnrposes of the Fall Round-up promotion. The report also provides information regarding a one-foot reserve sad access to the Brady property on Pettit Ave. and a communication from Regional Niagara regarding crossing protection on Dorchester Road. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted. No. 492 - City Manager - Re: Building Permits issued for the month of August,1973. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and filed. No. 493 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt.that the report be received and adopted. No. 494 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted and licences granted. RESOLUTIONS No. 135 - HUNT - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify dhat the application of Diol Investments Ltd. for the rezoning of pr.operty known as pt.Twp.Lot 141, located on the south- west corner of Lundy's Lane and Dorchester Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Ministry of Treasury, Economics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried No.. 136 - HUNT - SCHISLER - RESOLVED that the firm of William Trow Associates, Hamilton, be engaged to carry out required soils investigation at the site of proposed storm sewer construction on Stanley Ave. - Churches Lane to Swayze Drive, from Stanley Ave. to the Hydro Canal at an estimated cost of $1,400.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 137 - MANN - HARRICAN - RESOLVED that the quotation in the amount of $4,780. submitted by Armco Canada Limited for the supply of Hel-Cor Drainage Pipe be accepted; AND the Seal of the Corporation be hereto affixed.. ,.' Carried UnanimouSly. No.138 - RUNT - SMEATON - RESOLVED that Lundy Steel Limited be authorized to broceed with the relocation of angle iron fence located at Fairview Cemetery on the south aide of Morrison Street as well as installation of additonal rampad panels and new line posts at a total cost of $1,858.; AND the Seal of the Corporation be.hereto affixedT~! Carried Unanimously No. 139 - RUNT - THOMSON - RESOLVED that the Corporation of the City of Niagara Falls petition for interim payment under the Public TransportAtion and Highway Improvement Act on expenditures made for public transportation during the year 1973 in the total amount of $224,254.65; AND the Seal of the' Corporat.ion be hereto affixed. · Carried Unanimously- BY-IAWS No.73-221 - A By-law to authorize the execution of a site plan agreement with Diol Investments Limited. (southerly side of Lundy~s Lane and westerly aide of Dorchester Road) ORDERED on the motion of Aldermen gchlsler, seconded by Alderman Mann that Alderman Hunt be granted leave to introduce the By-law and the By-law be 8iven a first readlag. Carried Unanimously . - 7- By-law No.73-221 (Cont'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given s second and third reading. The motion Carried with Alderman Smeaton voting contrary and all others in favour. No.73-222 - A By-law to amend By-Iaw No. 2530,1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Diol Investments) ORDERED on the motion of Alderman Wallace, seconded by Alderman Fera that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unsnimou~.ly ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the By-law be now given a second and third reading. The motion Carried with Alderman Smeaton voting contrary and all others in favour. No. 73-223 - A By-law to require adequate and suitable heat for rented dwelling accommodation. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Thomson be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the By-law be now given a second and third reading. Carried Unanimous_l7 No. 73-224 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Hunt, seconded by Aldermen Wallace that Alderman Schisler be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimousl./ _NEW BUSINESS WATER RESTRICTIONS His Worship Mayor Bukator advised that a notice will appear in the newspaper regarding the immediate lifting of water restrictions. C01~tENTS OF ALDERMAN HUNT Alderman Hunt expressed his annoyance and concern about the picketing of the hospital by out-of-town anti-abortionist groups. In reply to questions by Alderman Hunt, the City Manager stated that the advertisement appearing in the newspaper was for an assistant planning administrator as authorized in the budget. Alderman Hunt referred to a recent news article regarding unused space in the City Hall and commented on the possibility of accommodating the Business and Industrial Growth Committee. His Worship Mayor Bukator advised that the area is still leased by the Ministry of Governmental Services and is used by assessment officials and probation officers. Alderman Hunt took exception to a news article regarding disposal of trees at the sanitary landfill site and the suggestion the trees would become firewood. The Alderman pointed out that sawmill operators in the Willoughby area have indicated their willingness to purchase the trees. PRAINAGE SYSTEM - EAST SIDE OF DRUMMOND ROAD Aldernmn Puttick asked the City Engineer to investigate possible damage o a drainage system installed by Regional Niagara on the east aide of Drunnond oad running to Portage Road. He noted that construction equipment had been in the ares recently and expressed concern about damage to the drainage works The ter was referred to the City Engineer. . ..... 8. ' - 8- New Business (tout'd) INFORMATION CENTRE AT CITY HALL Alderman Thomson spoke about the great number of phone call received by the Mayor's office, many of which could be handled quickly and easily by members of staff. He suggested that establishment of an informstion centre for the relaying of enquiries to appropriate City Hall departments would streamline the system, provide better and more satisfactory service to residents and remove some of the pressure from the Mayor's office. Alderman Keighan said that both he and Alderman Thomson, in their capacity as Acting Mayor during Mayor Bukator's illness, had become more aware of the workload and the amount of secretarial time required to answer all enquiries. Mayor Bukator agreed that a great percentage of his time is spent on such calls but indicated he intended to continue his %pen door policy'. The matter was referred to staff for investigation. PUBLICATION OF COUNCIL AGENDAS Alderman Smeaton noted that as a result of a previous suggestion, the City Clerk had met with the editor of the Niagara Falls Review and brief outlines of matters to be discussed by the City Council now appear in the Review prior to the meeting. MINIMUM STANDARDS BY-LAW Alderman Thomson commented on the number of houses within the munici- pality that are "eyesores". He noted that although the health department has authority to condemn buildings and the Fire Marshal can order property to be made safe, the City st the present time does not have s minimum standards by-law to force owners to repair or demolish deteriorating buildings. Provincial legislation permits municipalities to pass such by-laws which, the Alderman suggested, could be enforced by the building and health departments. The City Manager indicated that s minimum standards by-law has been considered by staff because it is needed to obtain approval of certain grants. It is expected the by-law will be prepared and submitted to Council before the end of 1973. ADJOURNMENT The meeting adjourned to Committee of the Whole on the motion of Alderman Walker, seconded by Aldermsn Wallace. READ AND ADOPTED, Mayor COle~ITTEE OF THE WHOLE Cor~nittee Room #1, September 17,1973. Clerk - Council met in Committee of the Whole following a regular meeting held Monday, September 17, 1973. All Members of Council were present with the exception of Alderman Christensen. Alderman Fera(Vresided es Chsirman. - 9- Following consideration of the items presented, the Committee of the Whole arose without reporting on the motion of Alderman Walker, seconded by Alderman Hunt. READ AND ADOPTED, Mayor COUNCIL MEETING Committee Room ~1, September 17,1973. Council met on Monday, September 17, 1973, following a Committee of the Whole meeting. All members of Council were present with the exception of Alderman Christensen. His Worship Mayor Bukator presided as Chairman. The meeting adjourned on the motion of Alderman Mann, seconded by Alderman Hunt. READ AND ADOPTED, erk ............ -~ ' ~ ~ Ms y o r FORTY-SECOND MEETING Committee Rooms 2 & 3 September 24, 1973. SPECIAL MEETING Council met in special session on Monday, September 24, 1973, at 7:30 p.m. for the purpose of considering tax write-offs and applications for cancellation, reduction or refund of 1973 taxes. His Worship ~yor George Bukator presided as Chairman. All members of Council were present with the exception of Alderman Christensen. Report No. 496 - City Manager - Submitting a list of tax appeals received under Section 636(a) of The Municipal Act for cancellation or reduction of 1973 taxes; suggesting the reconunendations respecting the appeals be approved by City Council. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report of the City Manager be received and the recommendations regarding cancella- tion or reduction of 1973 taxes under section 636(a)of The Municipal Act be adopted. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Thomson that the special meeting adjourn and Council reconvene in Council Committee Session. READ AND ADOPTED, . ~sas~a · Mayor SPECIAL MEETING Cormnittee Rooms 2 & 3 September 24, 1973. Following a Council Con~mittee meeting on Monday, September 24, 1973, Council reconvened in formal Council session on the motion of Alderman Hunt, seconded by Alderman Wallace. All members of Council were present with the exception of Alderman Christensen. His Worship Mayor George Bukator presided as Chairn~n. REPORTS No. 497 - City Manager - Re: AM-40/71 Dorbern Investments Ltd., Pt.Lot 40, Falls Company Plan, 5982 Dunn Street. Advising that the applicant has applied for an extension to a site plan previously approved on November 29, 197; recommending that the site plan which expired June 8, 1973, be extended one year to June 8,1974. ORDERED on the motlon of Aldermen Wallace, seoonded by Alderman Walker that the report be recelved and adopted. No. 498 - Bce rd of Management - Downtown Business Improvement Area - Re: Christmas LightinS on Queen Street. Submitting a four-phase program for improvements to Christmas lightin on Queen Street; advising that the total cost of Phase I, including changing the fixtures to mercury yapour, replacement of three traffic light poles and erection of new wonden poles will be $10,759.; suggesting s cost breakdown of $4,350. to the City of Niagara Falls, $4,350. to the Board of Management and $2,060. to the Public Utilities Commission. ORDERED on the motion of Aldermen Wallace~ seconded by Alderman Walker that the report be received and adopted. - 2- Reports (Cont'd) No. 499 - City Manager - Re: Appeal of decision of Committee of Adjustment with respect to the application of F.Pattison regarding property on the south side of Thorold Stone Road; advising of a hearing on September 27, 1973 at 11:00 a.m.; advising that the City Solicitor is on vacation and recommending that Mr. William Slovak of the legal firm of Slovak, Sinclair and Crows be engaged to represent the City. The report also requests authority to engage the firm should any matters arise during the Soltcitor's absence which requires legal advice. ORDERED on the motion of Alderman Wallace, seconded by Alderman Walker that the report be received and adopted. No. 500 - City Manager - Re: Base Road Construction, Contract No.R.C.37-73. Recommending that the unit prices submitted by Warren Bttulithic Limited for the construction of base roads in the Niven Subdivision be accepted. ORDERED on the motion of Alderman Wallace, seconded by Alderman Walker that the report be received and adopted. See Resolution No.140 No. 501 - City Manager - Re: Base Road Construction, Contract R.C.36-73. Recommending that the unit prices submitted by Steed and Evans Limited for the construction of base roads in the Rolling Acres Extension Subdivision and the Dell Subdivision be accepted. ORDERED on the motion of Alderman Wallace, seconded by Alderman Walker that the report be received and adopted. See Resolution No.141 RESOLUTIONS No. 140 - WALLACE - WALKER - RESOLVED that the unit prices submitted by Warren Bitulithic Limited for the construction of base roads in the Niven Subdivision, Contract No.R.C.37-73, be accepted; AND the Seal of the Corpora- tion be hereto affixed. Carried Unanimously No. 141 - WALLACE - WALKER - RESOLVED that the unit prices submitted by Steed and Evans L mired for the construction of base roads in the Rolling Acres Extension Subdivision and the Dell Subdivision, Contract R.C.36-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 142 - THOMSON - PUTTICK - RESOLVED that the month of October 173 be proclaimed as "Civic Month" in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS No. 73-225 - A By-law to authorize the execution of an a~eement wlth Warren Bitulithic Limited for the construction of roads. (Niven Farm Subdivision) ORDERED on the motion of Alderman Mann, seconded by Alderman Wallace that Alderman Smeaton be granted leave to introduce the by-law and the by-law be given a first reading. .' Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 73-226 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of roads. (Rolling Acres Extension Subdivision and Dell Subdivision) ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Alderman Marrigan be granted leave to introduce the By-law and the By-law be 8tven a first reading. Carried Unanimously ? - 3 - By-law No.73-226 (Cont'd) ORDERED on the motion of Alderman Harrigsn, secouded by Alderman Wallace that the By-law be now given e second and third reading. Carried UnanimoUsly NEW BUSINESS LAND VALUE CONTROLS Alderman Puttick referred to a preliminary report of the Ontario government regarding the holding or freezing of land on the periphery of expanding cities to control prices. The Alderman sugges ted that in view of the new Welland River bridge at Stanley Street and future development of the Willoughby area, the City should consider methods to control the value of land which may be required by the City in the future. He requested that City staff contact the Hon. John Clement to determine the procedure the City should follow and prepare a report for presentation to Council. ADJOURNMENT The meeting adjourned on the motion of Alderman Mann, seconded by Alderman Hunt. READ AND ADOPTED, Mayor i FORTY-THIRD MEETING REGULAR MEETING Council Chambers, October 1, 1973. Council met on Monday, October 1, 1973, for the purpose of considering general business. All Members of Council were present with the exception of Alderman Christensen and Alderman Hunt. His Worship Mayor George Bukator presided as Chairman. Alderman Keighsn offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the minutes of the regular meeting held September 17, 1973 and the special meeting of September 24, 1973, be adopted as printed. PRESENTATIONS DR. W. A. POTTER His Worship Mayor George Bukator welcomed members of the Potter family who were present to witness the presentation of an Award of Merit to Dr. W. A. Potter. In presenting the award, Mr. Fred Graham, Director,Canadian Parks and Recreation Association, explained that each year national recognition is given to certain individuals by the Association. This year the Association wish to recognize Dr. Potter's many achievements from the year 1920 to date during which he was instrumental in establishing many team sports for the City of Niagara Falls as well as local schools and churches. Mr. Graham noted that Dr. Potter's personal efforts, guidance and financial support had led to the establishment of the Badminton Club, the lighting of Oskes Park, the first Y.M.C.A. building, a school gymnasiom, the Boys Club of Greater Niagara and the Lions' Club playground program and swiraming lessons. Dr. Potter has also served on the Physical Fitness Advisory Council and the Niagara Falls Recreation Conanission. Mayor Bukator thanked Mr. Graham for his presentation and paid tribute to Dr. Potter whose contributions to the welfare of the conmunity, he said, had been offered without personal wish for publicity, plaudits or recognition. CITY EMPLOYEES Mr. L. Eller, a lead hand in the water distribution department, was congratulated by Mayor Bukator upon his completion of twenty-five years employ- ment with the City. Mr. Eller was presented with a service pin. A retirement watch will be presented to Mr. J. Rusk a former employee of the parks and cemeteries department. UNFINISHED BUSINESS MAIN AND FERRY BUSINESS IMPROVEMNT AREA By-law No.72-180 -.Providing for the establishment of the Main and Ferry Business Improvement Area. Report ~502 - City F~nager - Re Main & Ferry Business Improvement Area. Recommending.apprOval of.a by-law to establish a Board of Management for the Main and Ferry Business ImproVement Area and the Main & Ferry Business Association be requested tO make ~eco~mendations to Council respecting the appointment of members. Two members of Council will also be appointed to the Board. ORDERED on'the motion of Alderman Mann, seconded by Alderman Smeston that the report be'received and adopted and the By-~y ~. given three readings. See By-law No.73-228 DAy CARE CENTRE - DRUE~4OND ROAD Cor~n.29 . _Niagara Falls Lions Club - Requesting permission to sublet the Day Care Centre on Drummond Road and a portion of the surrounding lands to the Regional Municipality of Niagara. Report ~503 - City Manager - Re: Nisgsra Falls Lions Club and Sublease to Region ~ Dr. William Fingland Day Care Gentre. Recommending the City consent to the Lions Club entering into a sublease with the Regional Municipality. ORDERED on the motion of Aldezman Thomsons seconded by Alderman Schtsler that the ~eport be received and adopted and the by-law authorizing the execution of the Report 4~503 (Cont'd) - 2- sublease by the City be given three readings. See By-law No.73-230 R.SERUGA - 4872 VALLEY WAY By-law No.73-197 -Amending Zoning by-law 5335, 1955, to permit the operation of an art gallery at 4872 Valley Way. Report ~504 - City Clerk - Advising that as a result of the usual procedure of notification, one letter of objection was received. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the report be received and filed and notwithstanding the objection received, Coencil reaffirm an earlier decision to approve the application of R. Seruga and the application, together with the objection received, be forwarded to the Ontario Municipal Board for consideration and, further, that members of staff be authorized to continue efforts to resolve the one objection received. COMMUNICATIONS No. 314 - Donald N. Chapman, Architect - Advising that tenders are being called for the proposed new public library with a closing date for general contractors at 4 p.m., Tuesday, October 23rdaad for sub-contractors at 4 p.m., Monday, October 22nd; both closings will be at the office of the architect. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the eommunicetion be received and filed. No. 115 - Bell Cansda- Advising that amended Application "B" seeks approval of increases in telephone rates in a lesser amount in total than the original application "B". It was noted that the Association of Municipalities of Ontario has filed an intervention on behalf of municipalities wishing to oppose the applica- tion and information will be forthcoming regarding the approach taken by the Association as well as estimates of cost. It was moved by Alderman Wallace, seconded by Alderman Fern that the conmunication be received and filed. The ·motion was Defeated with the following vote: AYE: Aldermen Fera, Mann, Harrigan, Keighan,Wallace. NAY~,:Aldermen Puttick, Smeaton, Schialer, Walker, Thomson. The City Clerk explained the affect of the proposed increases on the individual subscriber in the City of Niagara Falls. It was then moved by Alderman Thomson, seconded by Alderman Schialer that the communication from Bell Canada be received and referred to staff for a full report~ The motion ~a.rr~e~. unanimously. ' ~ No. 116 - Sweet Adelines Inc~- Advising that the week of Oct. 1st to 6th is "Share-a-Song Week"; requesting permission to sing duringthe Council meeting. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the communication be received and filed and the "Sweet Adelines" be granted per- mission to sing a melody of songs during the recess period. REPORTS No. 505 - City Clerk - Report of the Council Committee. Recommending adoption of the report end ratificstion of the action suggested. 1.-Proclamation of October as "Civic Month" - It is recommended that the City proclaim October as "Civic Month" and Councfl endorse "Project Nisgars 1983" as proposed by the Civic Awareness Committee and the City contribute an amount of $500. toward the project. 2.- Industrial Sign - It is recommended by the Council Committee that Council approve the proposed erection of an industrial directory sign at the Falls Industrial Park in accordance with the proposal submitted by the Building X Inspector and, further, that the Budding Inspectors together with representa- tives of the Industrial Committee, investigate the possibility of erecting advertising signs relative to the Industrial Park on or near highways entering~ the Municipality. 3. Montrose Road Reconstruction - During the Council Conmittee meeting the City Engineer presented a verbal report regarding the reconstruction of Montrose Road from Lundy*s lane northerly toW arson Street and commented on the time involved in the several alternate methods of construction. He recommended closing of the road except to local traffic to enable the reconstruction to he'completed prior to the 1974 tourist season, It is recommendedh} - 3- Report #505 (Cont'd) Item 3 - continued. by the Council Committee that the proposal of the City Engineer be approved a. and Montrose Road be closed during reconstruction with the exception of local traffic. 4. Possible Purchase of Compactor - Sanitary Land Fill Site - Reconmaending that alternate tenders be called immediately for s compactor for use at the sanitary landfill site on a purchase, lease/purchase or lease basis and a report to Council include a recommendation based on the actual prices received. In reply to question raised by Alderman Fern, the City Engineer pro- .'i-:vided cost comparisons of a compactor as opposed to a bullclam and elaborated further on the recommendation that alternative tenders be called for the purchase, lease/purchase or lease of a compactor so a final decision can be based on the prices received. ORDERED on the motion of Alderman Thomson, seconded by Alderman Keighan that the report of the Council Committee be received and Council adopt and ratify the recommendations pertaining to items 1, 2, 3 and 4 as outlined in the report. The motion Carried with the following vote: .AYE: Aldermen Mann, Keighan, Smeaton, Puttick, Schisler,Walker Thomson. ,NAYE: Aldermen Fera, Harrigan, Wallace. ' No. 506 - City Manager - Re: Proposed Plan of Subdivision, Pinter Construction Ltd., Sunnylea Crescent Extension, east of Allanthus Ave., immediately north of Registered Plan N.S.2. Recommending preliminary approval subject to four conditions enumerated in the report. ORDERED on the motion of Alderman Schisler, seconded by Alderman Keighan that the report be received and adopted. No. 507 ~ City Manager - Re: Capital Budget - Morrison Street Reconstruction. Requesting Council's approval of the complete reconstruction of Morrison Street from Victoria Avenue to Crysler Avenue including widening, improved street lighting, replacement of sidewalks and storm sewer construction and new catchbasins where required; advising that the total estimated cost is $110,000 which has been provided in the 1973 Capital Budget. A Ministry of Transportation and Communications subsidy in the amount of $40,000. is probable. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the report be received and adopted. No. 508 - City Manager - Re: Capital Budget - Montrose Road from Lundy's lane to Watson Street - Storm Sewer. Advising that along with the reconstruction of this section of Montroae Road, a storm sewer will be installed for which the City~s share will be $50,000 which has been provided in the 1973 Capital Budget. The report recommends preparation of the required by-law. ORDERED on the motion of Aldermm~Smeaton, seconded by Alderman.Wallace that the report be received and adopted. 'No. 509 - City Manager - Capital Budget - Sanitary Sewer Main Construction. Noting that an amount of $100,000 for repairs to the sanitary sewer main on Wiltshire Blvd. from Oxford Street to the south limit of the cul-de-sac has been provided in the Capital Budget; advising that the cost of the works outlined in the report is estimated to be $115,000. ;recommending preparation of the required by-law for Ontario MunicipaI Board approval. It was moved by Alderman Puttick, seconded by Alderman Wallace that the report be received and tabled for two weeks and referred to the City Engineer for a further report regarding the total cost of repairs made to date to the sanitary sewer main in the Wiltshire Boulevard area. The motion Csrried with the following vote: . AY../E: Aldermen Ferns Harrigan, Keighan, Puttick~ Schisler, Walker~ Wallace. ~.~X~YE: Aldermen Msnns Smeaton End Thomson. No. 510 - City Manager - Re: Former Chippaws Town Hall. Referring to the request of Mr.N.Peterson to rent ell or a portion of the former Chippaws Town Hall for woodcraft~. the display of finished products and instruction classes in art and woodworking at a monthly rental of $165.00; suggesting if Council is in fevour of rentinS the building, Mr. Paterson be authorized to take possession as of October let following which the proper form of lease can be prepared. OPaERED on the motion of Aldernmn Thomson, seconded by Aldermm~Schisler that the report he received and sdopted. -{ -4- Reports (Cont'd) No. 511 - City Manager - Re: Request to Purchase Lot 37, Falls Industrial Park. Recommending that Lot 37, situated on the east side of Earl Thomas Avenue, be sold to Natale Graovaz for the sum of $7,000. Advising that the applicant proposes to erect a plant 40' x 50' for the production of plaster statues, wall plaques and other art items. Recommending approval of the sale of Lot 37. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that the report be received and adopted. No. 512 - City Manager - Advising that the Regional Municipality is interested in acquiring property situated st the southeast intersection of Stanley Ave., of the road allowance between Lots 194 and 195, Ramsay Road extended easterly, presently owned by the Niagara Falls Hydro Electric Commission; the property is required for the future widening of Stanley Ave.; advising that information has been received that the land is surplus to the Commission's requirement ?v< and they are willing to dispose of the property; recommending that City Council authorize the sale of Part of Lot 194 to the Regional Municipality at a price of $4,275. ORDERED on the motion of Alderman Keighan, seconded by Alderman Wallace that the report be received and adopted. No. 513 - City Manager - Re: Land Required for Expansion of Pollution Control Plan. Advising that the Regional Municipality has requested comments regard- ing the possible sale of a 5.127 parcel of land owned by the City, situated 4mmediately north of the Pollution Control Plan; suggesting that certain other uses for this particular block of land could be desirable for the Municipal Service Centre; noting that the City owns s parcel of property on the west side of Stanley Ave. consisting of approximately 8.6 acres and suggesting that the Region be asked to give consideration to the use of this parcel; recommending that the Region give consideration to the use of the 8.6 acres of property located at the north-west corner of Swayze Drive and Stanley Avenue for the expansion of the Pollution Control Plant and, further, if the suggestion is acceptable, City Staff be authorized to have the land appraised or an opinion of value obtained. During the discussion, members of Council questioned the willingness of the Regional to accept the property on the west side of Stanley Avenue; the additional cost to the Region and the possible additional cost and inconvenience involved in the installation of underground services from the existing plant under the Stanley Ave. roadway. The City Engineer suggested these aspects would be investigated by Regional officials before making a decision. Alderman Wallace requested information from the City Solicitor as to whether or not the Region has powers to expropriate land from the City for these purposes. It was then moved by Alderman Thomson, seconded by A~derman Smeaton that the report of the City Manager be received and adopted. The motion Carried with Alderman Puttick voting contrary and all others in layout. No. 5t4 - City Manager - Re: Falls Industrial Park. Commenting on the way the Industrial Park has developed and suggesting there should be a provision in the zoning by-law to regulate the external design for all lands including General Industrial. A by-law providing for an amendment to the zoning by-law appears under the appropriate heading on the agenda. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the report be received and filed and the by-law be given the required three readings. See By-law No.73-231 No. 515 - City Manager - Re: Intersection of Rysdale St. and Green Ave.' Recowmendtng the passing of the required by-law to allow the erection of stop signs facing traffic northbound and southbound on Green Ave. at the intersection of Rysdale St. ORDERED on the motion of Alderman Thomson, seconded by Alderman Keighan that the report be ~eceived and adopted. No. 516 - City Manager - Re: Section 32, Ontario Water Resources Act. and the prosecution of certain offantes; advising that the Municipal Engineers Assoc. has proposed an amendment to the Act which outlines certain specific instances during which abnormal discharge of effluent would not be considered a violation of the Act; the changes would include work necessary for construction during which certain by-passes of effluent could not be.reasonably prevented and would permit necessary repairs being carried out on sewage works; recommending that the fellowins resolution be passed by Council: "thethe City of Niagara Falls rePPrt. h.e. reeeivod and adopted. l - 5 - Report ~516 (Cont'd) endorse the amendment proposed by the Municipal Engineers Association to Section 32 of the Ontario Water Resources Act and, further, that a copy of this resolution be forwarded to the Ministry of Environment,,. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the report be received and adopted. See Resolution No.143 No. 517 - City Manager . Re: Information on Rubbish Collection, 1973. The report provides information regarding the rubbish budget for 1973; suggesting that over- expenditures on the Fall Collection can be minimized by collecting only once at each home; recommending that the Fall pickup Campaign be from October 15 to October 26th and the announcement specify only one pick-up from each home. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wallace that the report be.received and adopted. No. 518 - City Manager - Re: Information on Regional Waste Management Study. ORDERED on the motion of Alderman Themson, seconded by Alderman Smeaton that the advisory report be received and filed. No. 519 - City Manager - Re: 1973 Current Budget Item - Ker Park. Recommending acceptance of the quotation submitted by General Concrete, Hamilton, Ontario, for the installation of pre-cast concrete roof decking on the new Ker Park building in the amount of $3,987.53. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. See Resolution No.144 No. 520 - City Manager - Re: 1973 Current Budget Item - Ker Park. Recommending acceptance of the price submitted by Tower Plumbing and Heating for plumbing alterations to the existing building and plumbing installations for washroom facilities in the new building at Ker Park, in the amount of $2,370, ORDERED on the motion of Alderman Smeaton, seconded by Alderman Harrigan that the report be received and adopted. See Resolution~ No.145 No. 521 - City Manager - Re: Regional Salt Tender. Submitting a summary of prices received by the Regional Municipality and commenting on the increased cost of salt per ton; recommending that the City forego tendering on salt this year and accept t.he lowest price submitted by Iroquois Salt Company at a cost of $12.258 per net ton delivered to the City stockpile. ORDERED on the motion of Alderman Schisler, seconded by Alderman Puttick that the report be received and adopted. See Resolution No,146 No. 522 - City Manager - Re: Main Sewer Manhole, Dorchester Road.Recommending acceptance of the quotation of $9,950.33 submitted by Provincial Construction Ltd. .for a manhole for the main sewer on Dorchester Road between Freeman St. and Cherrygrove Road. ORDERED on~the motion of Alderman Thomson, seconded by Alderman Fern that the report be received and adopted. See Resolution No.147 No. 523 - Mayor George Bukator - Re: Special Committee to review the method presently used by the City to elect members of Council. Advising of the appointment of Aldermen Schisler, Mann, Harrigan and Wallace. Hie Worship Mayor Bukator will also serve on the Committee. Mayor Bukator requested that the committee begin their studies immediately and suggested that the comments and recommendations of. residents he invited. ORDERED on the motion of Alderman Themson, seconded by Alderman Smeaton that the report be received and the ~ppointments approved. No. 524 - City Manager - Re: Ministry of Transportation and Communications Training Courses. R~commending that the City Engineer be authorized to submit applications for two members of staff to attend each of the Municipal Road Design, Municipal General Inspectton~ Municipal Concrete Technology and Municipal Asphalt Technology courses and one member of staff to attend each of the Municipal Soils Technology and Municipal Surveying courses. ORDERED on the motion of Alderman Mann, seconded by Alderman Themson that the - 6 - Reports (Cont'd) No. 525 - City Clerk - Advisory Report. The report includes a resume of the activities at the Niagara Falls Memorial Arena for the months of 3uly and August; a letter of appreciation for the attendance and participation of the City Manager at the Canadian Federation of Mayors and Municipalities Conference; a copy of the submission made to the Niagara Regional Board of Commissioners of Police regarding the proposed police building; notification that tenders will be called for planting of ornamental trees and erection of chain link fencing; an invitation to participate in a proposed tour of Niagara peninsula Conservation Authority properties and an invitation to the Official Opening of the Jack Bell Arena. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that the report be received and filed. No. 526 - City Clerk - Reconmending approval of Municipal Licences. ORDERED on the motion of Alderman Schtsler, seconded by Alderman Smeaton that the report be received and adopted and licences granted. No. 527 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the report be received and adopted. In recognition of Share-A-Song Week, the Rainbow City Chapter of Sweet Adelinea Inc. sang several numbers. Mayor Bukator expressed the apprecia- tion of Council to the group and their conductor, Mr. Ted McQuade. RESOLUTIONS No. 143 - PUTTICK - WALKER - RESOLVED that the City of Niagara Falls endorse the amendment proposed by the Municipal Engineers Association to Section 32 of the Ontario Water Resources Act end, further~ that a copy of this resolution be forwarded to the Ministry of Environment; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 144 - MANN -SCHISLER - RESOLVED that the quoted amount of $3,987.53 sub- mitted by General Concrete Limited, Hamilton, for the installation of pre-cast concrete roof decking for the new Ker Perk building be accepted; AND the Seal of the Corporation be hereto affixed. t Carried Unanimously No. 145 - SMEATON - HARRIGAN - RESOLVED that the quoted amount of $2,370.00 submitted by Tower Plumbing and Heating for plumbing alterations and new plumbing installations at Ker Park be accepted; AND the Seal of the Corporation be hereto affixed. Carried Ilnanimously No. 146 - SCHISLER - PUTTICK - RESOLVED that the City forego tendering on salt this year end accept the lowest price submitted to the Regional Municipality of Niagara by Iroquois Salt Co.in the amount of $12,258 per net ten delivered. Carried Unanimously No. 147 - THOMSON - FERA - RESOLVED that the quotation of $9,950.33 submitted by provincial Construction Ltd. for the installation of a main sewer manhole on Dorchester Road between Freeman Street and Cherrygrove Road be accepted; ~ the Seal of the Corporation be hereto affixed. Carried Unanimously No. 148 - MANN - THOMSON - RESOLVED that the next Council Committee meeting be held on Tuesday, October 9, 1973, co~nencing at 7:30 p.~.; AND the Seal of the Corpo[ation be hereto affixed. Carried Unanimously L - 8 - By-law No~3232 (Cont'd) ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that Alderman Thomson be granted leave to introduce the By-law and the By-law be given a first reading. Carried UnanimouSly ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the By-law be given a second and third reading. Carried Unanimously No.73-233 - A By-law to amend By-law No, 3790, being a by-law for the regula- tion of traffic. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Fera that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimously No. 73-234 - A By-law to amend By-laws Nos. 2350,1959 and 2530,1969 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Wade Construction,Pt. Twp.Lot 187,Dorchester Road) ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimousl. Z ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimously No. 73-235 - A By-law to prohibit the parking or leaving of motor vehicles on private property. (Part of Town and Country Plaza) ORDERED on the motion of Alderman Wallace, seconded by Alderman Fera that Alderman Thomson be granted leave to introduce.the By-law and the By-law be .given a first reading. Carried UnanimouslZ ORDERED on the motion of Aldersnan Thomson, seconded by Alderman Smeaton that the By-law be now given a second and third reading. Carried UnanimouslZ No. 73-236 - A By-law to provide monies for general purposes, ORDERED on the motion of Alderman Mann, seconded by Alderman Narrigan that Aldermen Fera be granted leave to introduce the by-law and the By-law be given a first reading. Carried Unanimousl~ ORDERED on the motion of Alderman Fats, seconded by Alderman Mann that the Byelaw be now given a second and third reading,- Carried UnsnimouslZ - 7- BY- lAWS No.73-227 - 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. (D.Casey, Pt. Twp.Lot 45,Dorchester Road) ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that Alderman Schisler be granted leave to introduce the by-law and the by-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace that the B~-law be now given e second and third reading. "' ..Carried UnanimouSly No.73-228 - A By-law to establish a Board of Management for the Main and Ferry Business Improvement Area. ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler that Alderman Keighan be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Keighan, seconded by Alderman Fern that the By-law be now given a second and third reading. Carried Unanimously No. 73-229 - A By-law to appoint municipal law enforcement officers. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that Alderman Schisler be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alder~mn Schtsler, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried - Ald.Puttick voting contrary. No. 73-230 - A By-law to authorize the execution of s sublease. (Dr.Wm. Fingland Day Care Centre - Lions Club and Regional Municipality of Niagara) ORDERED on the motion of Alderman Mann, seconded ~y ~derma~ Narrigan that Alderman Keighan be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Keighan, seconded by Alderman Fern that the By-law be now given a second and third reading. Carried Unanimously No. 73-231 - A By-law to amend By-law No.2350,1959 of the former Township of Stamford, now in the City of.Niagara Falls, as amended. (Zoning Restrictions Falls Industrial Park) ~" ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace that Alderman Keighan be granted leave to introduce the By-law and the By-law be give~ a first reading. Carried Unanimously ORDERED on the motion of Alderman Keighan, seconded by Alderman HarriSan that the By-law be now given ~ second and third reading. Carried Unanimously No. 73-232 - A By-law to amend By-law No. 7878, 1969, as amended by By-law No.7982, 1969, res~ecting'psrking lots in the City of Niagara Falls and for regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. (Park 8t., Ellen Avenue,Ontario Ave.,St.Lawrenee Ave.,Lundys Lane) - 9- NEW BUSINESS COST OF INDUSTRIAL LANDS Aldermen Mann noted that the reason given for a local industry moving to Lincoln was the price of land and expressed his concern about the City losing an industry that employs 12 people. He suggested the public should be made aware that land costs were not exorbitant in the City of Niagara Falls. Alderman Puttick advised that the industrialist concerned had indicated he had not been contacted by City officials although the Alderman had brought the matter to the attention of City staff some time previously. The City Mars ger stated that, to the best of his knowledge, where services are comparable, the. cost of industrial land in Niagara Falls was less than in the City of St. Catharines. He said he was.n~t aware of any land that was cheaper than in this City and indicated the matter would be checked very closely. RECREATION CALENDAR Alderman Puttick stated that he had recently addressed a class of high school students who had indicated there was noth]ng to do in the City other than gather at locations such as the Town and Country Plaza. The Alderman suggested the Recreation Commission approach the Board of Education regarding the distribution or display of the CommissiQn's Recreation Calendar. POLICY - LOT WIDTHS Alderman Puttick referred to the minutes of the Planning and Development Connnittee of September 19th and a discussion regarding a proposal to build an apartment building on a 70' lot whereas the minimum required lot width is 100'. He quoted the Planning Administrator as stating that each case must be judged on its own merit. The Alderman asked for clarification of the connnent and noted that other proposals had been denied because of the City's policy regarding 100' frontages. He also questioned if the Planner or the Council had authority to consider each application on its merit with respect to lot widths. Alderman Puttick suggested that changes in policies should be brought to the attention of the City Council and requested s report from the Planning Administrator. The question of whether the policy is verbal or written, the cost of servicing 40' lots as compared to lots of greater width, the increased cost of land and materials and the lower cost of land by reducing standards were also discussed. VALLEY WAY BOULEVARDS At the request of Alderman Thomson, City staff will investigate complaints regarding the condition of the boulevards on Valley Way which have been reported as being overgrown with weeds. SIZE OF COUNCIL Alderman Smeaton expressed the opinion that the size of the City Council should be reduced from 12 to 10 members. He said the City also has three additional representatives at the Regions 1 level and while there may not be duplication of effort, there is no need to continue with a 12 men Council. His motion to approach the Non. J. White and request a reduction in the size of Council was not seconded. Alderman Thomson suggested the motion was premature and referred to the special committee appointed by Mayor Bukator to study the procedure and all aspects of the election. Alderman Wallace, a member of the Committee, agreed the suggestion had merit but questioned if fewer Council members would be able to handle the workload required for extracurricular activities such as serving on numerous boards, con~ittees, etc. It was then moved by Alderman Smeaton, seconded by Alderman Harrigan that the matter of the number of Aldermen to be elected to the Municipal Council be included in the terms of reference of the committee established to review existing election methods. The motion Carried with the following vote: ~YE: Aldermen Smeaton,Harrigan,Ketghan,Wsllace,Schisler,Mayor Bukator. .NAYE:Aldermen Fern, Mann, Puttick, Walker, Thomson. ACCESS TO MUNICIPAL BUILDINGS BY HANDICAPPED Alderman Wallace requested information as~:to the steps taken by staff to implement the Social Planning Council~s proposal regarding access to municipal buildings by handicapped persons. Council had previously passed a resolution authorizing an amendment to the building by-law. Alderman Puttick noted that a - 10 - ramp st the Erie Ave. entrance to City Hall had never been provided although the facility had been included in the plans. Mayor Bukator said he had requested a report regarding a ramp and improvements to the doors of City Hall. Alderman Wallace expressed his concern about future buildings such as the new public library and requested a report on the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the meeting adjourn to Connnittee of the Whole. READ AND ADOPTED, Mayor COMMITTEE OF THE WHOLE Committee Room ~1, October 1, 1973. Council met in Conmittee of the Whole following a regular meeting held Monday, October 1, 1973. All Members of Council were present with the exception of Aldermen Hunt and Christensen. Alderman Mann presided as Chairman. Following consideration of the items presented, it was moved by Alderman Schisler, seconded by Alderman Wallace that the Committee of the Whole arise and report. The motion Carried unanimously. READ AND ADOPTED, · Mayor COUNCILMEETING : October 1, 1973. Council met on Monday, October 1, 1973, following a Con~nittee of the Whole meeting. All members of Council were present with the exception of Aidemen Hunt and Christensen. His Worship Mayor Bukator presided as Chairman. - 11 - relocation of the watermain in order that it would not interfere with development plans. The solicitor for the potential purchaser has confirmed his client's willingness to enter into a cost-sharing agreement for the relocation of the main. A discussion was also held regarding the possibility of obtaining the approval of the Committee of Adjustment or the passing of a rezoning by-law to permit a · eductiOn in the front yard setback required on Oakwood Drive. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace that the City Council authorize the preparation of an agreement relative to the relocation of an existing 6-inch watermain in Registered Plan 228; the proposed agreement to provide that the owner or developer of the lands on which the watermain is presently located, will agree to pay to the City an estimated amount of $8,000.00 for the watermain relocation; And, further, that the City of Niagara Falls shall contribute an amouat of $6,000.00 toward the total estimated relocation cost of $14,000.00 for the installation of a 12-inch watermain; Further, in order to permit the proposed relocation, the owner or owners of the affected land will provide the City with a 15-foot easement along the north limit of Lot 18 and along the west limit of Lots 15, 16, 17 and 18 of Registered Plan 228; And be it further resolved that upon relocation of the said watermain, the City of Niagara Falls will relinquish the 15-foot easement presently situated between Lots 14 and 15, Plan 228. FRONT YARD SETBACK - OAKWOOD DRIVE ORDERED on the motion of Alderman Thomson, seconded by Alderman Harrigan that the Council of the City of Niagara Falls confirms, upon receipt of a proper application, it will undertake to pass a by-law to amend existing zoning regu- lations as they apply to the set-back required from Oakwood Drive in order to permit a reduction from 70 feet to 50 feet in the front yard requirements; the said reduction to apply to those lands ironring on Oakwood Drive from, and including, Lot 11 to the north limit of Registered Plan 228; said by-law to be subject to Ontario Municipal Board approval; And, further, that the City will have no objection to an application being submitted to the Connnittee of Adjustment to permit the reduction required in the front yard set-back on Oakwood Drive providing the requested reduction is considered by the Connnittee to be within their jurisdiction. SALE OF LAND IN INDUSTRIAL SUBDIVISION The City Manager reviewed the negotiations to date regarding the sale of Lot 36, Plan 243. It was moved by Aideman Puttick, seconded by Alderman Schisler that the City accept an agreement of purchase and sale received from Mr. Bruno Campigotto and City Staff be instructed to prepare the necessary documents to convey the land to Mr. Campigotto at a price of $7,000.00. The motion Carried unanimously. ~ It was then move~ by Alderman Puttick, seconded by Alderman Schisler that the City Council not approve the payment of real estate commissions to agen.ts selling lots in the Falls Industrial Subdivision, 'Regi~tered Plan 243, and Payment of the commission as it relates to the sale of Lot 36 is a matter to be negotiated between the realtorm Mr. Cunningham and Mr. Campigotto. The motion C__arried unanimously. READ AND ADOPTED, The meeting adjourned on the motion of Aiderman Mann, seconded by Alderman Keighan. The is11 o_wi._n]t a_c_t ion. was_taken_: RELOCATION OF WATERMAIN A review was made of s request received for the proposed relocation of s 6" watermain presently situated between Lots 14 and 15, Registered Plan 228. The City Manager informed Council that an industry was considering the purchase of several lots in the immediate vicinity and had requested the · l~yor / '7 FORTY-FOURTH MEETING Committee Rooms 2 & 3 October 9, 1973. SPECIAL MEETING Following a Council Committee meeting on Tuesday, Ottoher 9th, 1973, Council reconvened in formal Council session on the motion of Alderman Wallace seconded by Alderman Fera. All members of Council were present. His Worship Mayor George Bukator presided as Chairman. R_EPORTS No. 528 - City Manager - Re: Local Initiatives Program. The report suggests the City sponsor two projects: (s) the hiring of five persons for rural cemetery clean-up and four persons for mapping existing land uses; advising that the Y.W.C.A. will be applying for approval of a project to refurbish the basement area of their building; recommending that the City of Niagara Falls apply for approval for a rural cemeteries clean-up project and a land uses mapping project under the Local Initiatives Program and, further, that the City support the application of the Y.W.C.A.for their building improvement project. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received and adopted. BY-lAWS No. 73-237 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lot39, Niagara Paper Box Company Limited) ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann that Alderman Puttick be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Patrick, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimously NEW BUSINESS OAKES DRIVE Alderman Christensen referred to the landslide on Oakes Drive which resulted in the closing of the roadway to southbound traffic. The Alderman enquired as to when repairs will begin. The City Engineer said the Niagara Parks Conmission is studying the matter and meetings have been held with city and regional officials as well as their own staff to consider all aspects and determine the most economical --. method:of reconstructing the road. He advised that the Cozmnission does not receive subsidy for'roadways and there is some thought that Oakes Park should be closed. It has also been suggested that the road should become a city or regional responsibility and Shetoby be eligible for subsidy. SKATE SHARPENER FOR ARENA In response to questions by Alderman Christensen, the City Treasurer advised that the skate sharpener for the Niagara Falls Memorial Arena had been ordered but has not yet been delivered. ~ARDEN PLOTS Alderman Puttick reported that as a result of his earlier suggestion, the City Clerk had received information regarding the Allotment Garden Program conducted in the City of Ottawa. It was moved by Alderman Patrick, seconded by Alderman Rarrigan that members of Council be provided with a copy of Ottawa'a Allotment Garden Program and the necessary steps be taken to determine what land is available for a similar proMram in the City of Niagara Falls. The motion Carried unanimousZy. TENDERS - MUNICIPAL INSURANCE Alderman Puttick suggested the City cell tenders for insurance as is done by the Borough of East York. In Nisgsrs Fells one broker representing all local companies, handles the City's insurance and all agencies share the premiums. - 2- Tenders - Municipal Insurance (Cant'd) Alderman Thomson said he had no objection to a request for information but suggested that better service was provided by the present system of dealing with local businessmen in a fair and satisfactory manner. It was then moved by Alderman Puttick, seconded by Alderman Harrigan that information be obtained from the Borough of East York as to the advantages of their procedure in calling tenders for insurance and a report on the matter be prepared for presentation to Council. The motion Carried unanimously. NEGOTIATING CO}~4ITTEE Alderman Puttick made reference to an earlier decision by Council to endorse, in principle, a suggestion by Alderman Harrtgan that representatives of the City Council participate in future negotiations with respect to union and non-union wages and aalaries. Alderman Puttick suggested that the Mayor or Council appoint two Aldermen to serve on the committee and informal discuss ions begin at once. The City Manager indicated a report would be prepared and sub- mitted to Council at the next meeting of the Committee of the Whole. VACANT APARTMENTS Alderman Keighan suggested a recent news article which indicated 17% of apartments were vacant may have a detrimental effect on developers who propose to construct apartment buildings in the Municipality. The Alderman referred to statistics compiled by the Planning Department which indicate the percentage of vacancies is 2.4% rather than 17% as reported. TRAGEDIES AT FALLS Alderman Harrigan conmmented on the number of. tragedies and near tragedies at the Falls and suggested the City spearhead efforts to provide safety precautions such as the construction of a boom. Mayor Bukator reviewed past efforts to have the Niagara Parks Commission install a control gate, electrically operated nets or station a boat at the Chippaws Creek intake to intercept craft going downriver at this dangerous point. It appears that no action can be taken by the Cormmission as the Niagara River is a federal waterway. ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, / Mayor ~"COMMITTEE OF THE WHOLE Committee Rooms 2 & 3 October 9, 1973. Council met in Con~ittee of the Whole following a special meeting held Tuesday, October 9, 1973. All Members of Council were present with the exception of Alderman Walker and Alderman Wallace. Alderman Keighan presided as Chairman. -3 - Following consideration of the items Presented it was moved by Alderman Hunt, seconded by Alderman Mann that the Committee of the Whole arise without reporting to Council. The motion Cajried unanimously. READ AND ADOPTED, Clerk Mayor COUNCIL MEETING Committee Rooms 2 & 3 October 9, 1973. Council reconvened in open session following a Committee of the Whole meeting on Tuesday, October 9, 1973. All members of Council were present with the exception of Alderman Walker and Alderman Thomson. His Worship Mayor George Bukator presided as Chairman. The meeting adjourned on the motion of Alderman Keighan, seconded by Alderman Fera. READ AND ADOPTED, Mayor FORTY-FIFTH MEETING Council Chambers, October 15, 1973. REGULAR MEETING Council met on Monday, October 15~ 1973, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. His Worship Mayor George Bukator offered the Opening Prayer and presided as Chairman. ADOPTION OF MINUTES ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the minute.a of the October 1st and October 9th, 1973, meetings be adopted as printed. UNFINISHED BUSINESS TURESKI PLAN OF SUBDIVISION - VINE AND COHOLAN STREETS Report ~441 - City Manager - Re: Proposed Plan of Subdivision _ Tureski (Wm. Slovak in Trust) Pansy Realty Ltd., Pt.Twp.Lot 60, Vine and Coholan Streets. Recommending preliminary approval of the proposed plan subject to seven conditions enumerated in the report. The report was adopted by Council on September 4, 1973. Report ~529 - Planning and Development Committee _ Re: Official Plan Amendment No.67 (Pansy Realty Ltd.) Recomanending that the amendment be adopted by by-law and Council confirm, by resolution, that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See By-Law No. 73-238 See Resolution No.l~ SANITARy SEWER MAINS - WILTSHIRE BLVD. Report ~509 - City Manager - Capital Budget,Sanitary Sewer Main Construction. Recommending preparation of the required by-law for repairs to the sanitary sewer main on Wiltshire Blvd. from Oxford St. to the south limit of the cul-de-sac at an estimated cost of $115,000. Report ~530 - City Manager - Submitting information regarding the total repair costs to the sewer over the past years amounting to $90,012.61; suggesting that the best solution is the installation of a shallower sanitary sewer on Wiltshire Blvd. and the installation of a plastic liner into the existing sewer; suggesting that complete replacement of the existing sewer would be a much more expensive proposition. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the report of the City Manager be received and adopted and the necessary by-law be prepared for the suggested repairs to the sanitary sewer main on Wiltshire Blvd. LANDLORD AND TENANT ADVISORy BUREAU Report ~472 - City Manager - Recommending City Staff be authorized to work with the Social Planning Council in drafting a method of operation for the proposed Landlord and Tenant Advisory Bureau and, further, that Regional authorities be notified that the City will establish such a bureau and the names of persons nominated will be submitted at a later date. The report was adopted at the meeting of September 17th) Comm. ~117 - Social Planning Council - Advising that a new project "Information Niagara" will include information on landlord and tenant matters; advising that the Social Planning Council has applied for funds under the Local Initiatives Program to support the first six-month phase; suggesting the City might consider providing support on an on-going basis if the project is successful; requesting Council to endorse the action of the Social Planning Council. In reply to questions by Alderman Wal lace, Mayor Bukator stated that any area municipality interested in establishing a landlord and tenant bureau may do ao on their own. The Region however is not prepared to contribute toward the cost of establishing, maintaining or operating such bureaux because there are municipalities within the Region who do not want or need such a service, Mr. D. Falkenhagen stated that the estimated budget of $12,480. is for the first six months operation and would be dependent on an L.I,P. grant. Consideration could be given to additional funding if a group within the 'connnunity took over the project on an on-going baste, Mr. Falkenhagen said the City is not being asked to assist financially at this time although there may be some cost to the City in the future. - 2- Landlord and Tenant Advisory Bureau (Cant'd) ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the project "Information Niagara" be approved in principle and Council endorse the action of the Social Planning Council in response to the City's request regarding the establishment of a Landlord and Tenant Advisory Bureau. DRUMMOND/PORTAGE/MORRISON AREA ROAD NEIWORK STUDY Report #160 - City Manager - Referring to the study undertaken by Proctor and Redfern regarding various means of crossing the Hydra Canal and the C.N.R. right- of-way to accommodate the Drunmond,Portage,Morrison Area road network;suggesting the costs be shared equally by the City and the Region. Report #531 - City Manager - Advising that the Region has not agreed to pay an amount of $6,931.27 toward the cost of the Proctor & Redfern Study as originally requested by Council; recommending that inasmuch as the original agreement was between the City of NiagaraPalls and the consultants, Council agree to pay the outstanding account with Proctor and Redfern in the amount of $6,931.27. Alderman Keighan suggested the account should be paid under protest and the Region be requested to provide the funds in the 1974 budget. - It was then moved by Alderman Wallace, seconded by Alderman Mann that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Christensen, Mann, Harrigan, Puttick, Smearart, Schisler, Walker, Thomson, Wallace. NAYE:Alderm. en Keighan, Hunt and Fers. BELL CANADA - APPLICATION TO INCREASE RATES Comm.#115 - Bell Canada - Advising that amended application '~#' seeks approval of increases in telephone rates in a lesser amount in total than the original application "B". Report #532 - City Manager - Submitting information regarding the various rates applicable to the City of Niagara Falls] advising that the application now sub- mitted to the Canadian Transport Commission indicates a ten cent increase for individual line service in Niagara Falls; two-party line service remaining the same; suggesting that Council should now indicate whether or not they are interested in continuing opposition to the increased rates. ORDERED on the motion of Alderman Schfsler, seconded by Alderman Runt that the report be received and filed and Council accept the proposed increases as being reasonable and the Association of Municipalities of Ontario be notified that the City wishes to withdraw its support of the filing of the intervention. The motion Carried with Alderman Wallace voting contrary. : COMMUNICATIONS ~ No. 118 - Mr. Colin Cross - Re: Parking at the south end of Sinnicks Avenue. Suggesting the Ctty's parking authority be instructed to carry out a survey on traffic movement on Sinnicks Avenue with a view to recommending a complete ban on parking from the southerly limit to a point north of the intersection of Sinnicks Ave. and St. John Street. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the communication be received and referred to administrative staff for a report. No. 119 - Greater Niagara Safety Council - Advising .that the Safety CoUncil recommends there be no parking 100 feet 'east of Heywood, 1005 feet west of MacDonald and no parking on either side of Stamford and no parking to arena from Centre St. to Stamford St. ORDERED on the motion of Alderman Thomson, seconded by Alderma~ Hunt that the communication he received and referred to administrative staff for a report. No. 120 - Regional Municipality of Niagara - Advising the Region wall accept 12%% of the estimated cost of $4,200. for relocating the existing protection of flashing lights and hell to the right side of the road as well as the installa- tion of four additional lights at the C.N.R. crossing of Regional Road No. X04 (Dorchester Road),Niagara Falls and Mile 29.0 Stamford Subdivis ion. · ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the conEunitarian be received and ~iled. No. 121 - Canadian Federation of Mayors and Municipalities - Providing a copy of a statement by the Man. Robert Andras, Minister of Manpower and Immigration, which outlines a fall scale review of Csnada's immigration policy; requesting the comments of Council not later than December 1, 1973. O~DERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the communication be received and filed and members of Council review the -3- Comm. #121 (Cant'd) statement by the Minister of Manpower and Immigration and submit comments at the earliest possible opportunity, REPORTS No. 533 - City Clerk - Report of the Council Committee. Recommending adoption of the report and ratification of the action suggested by the Council Committee. 1. Ker Park Extension - Recommending that the City Manager be authorized to negotiate with Ontario Hydra for the purchase of lands adjacent to Ker Park, described as Blocks "E" and "D" for the purpose of an extension to Ker Park. 2. Future Residential Rubbish Collection - The Council Committee considered a report outlining the cost of implementing future residential rubbish collection and reconunends that recommendation "B" contained in the report be adopted. 3. Linear Park System and Bikeways - The Council Conunittee approved, in principle, a Linear Park and Bikeway System for the City of Niagara Falls and the Walkway- Bikeway Committee was authorized to proceed with the gathering of information regarding the proposed operation of the facility. 4. ~able TV - Representatives of Armstrong Communications provided the Council Committee with information relative to the installation of Cable TV in tbe ~ity. It is recommended that Council approve the installation of Cable TV, in principle, subject to the firm entering into an appropriate agreement with the Municipality to cover the use of public roadways; recommending further that Council approve negotiations between the Hydra Commission, Bell Canada and Armstrong Communica- tions for sharing the costs of trenching for the co-axial cable. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the report of the Council Connnittee be received and adopted. No. 534 - ~ity Manager - Re: Pakfold Continuous Forms Ltd. Recommending: (1) That City Council enter into an agreement of purchase and sale of the lots in the form required by the City for the sale of Lots 49 and 50 located on the north side of Murie Street, to Pakfold Continuous Forms Ltd. for $22,000. plus $4,550. for an additional 0.65 acre parcel, or a total of $26,550; (2) Conditional on the sale of Lots 49 and 50, the City of Niagara Falls purchase the property at 4212 Park Street from Pakfold Continuous Forms Ltd. for a sum of $22,000. the funds to be obtained from the parking meter revenues - $11,000. in 1973 and $11,000. in 1974. After purchase, the building would be leased by the City to Niagara Paper Box Ltd. at $400. per month until the Company relocates its operation. (3) The City Solicitor be authorized to prepare the necessary documents to provide for the purchase and sale of these properties. ORDERED on the motion of Aldernmn Hunt~ seconded by Alderman Fern that the report be received and adopted. No. 535 - City Manager - Re: Stamford Metal Products Ltd. Commenting on a news btory which indicated high prices had forced Stamford Metal Products to leave the City and relocate in West Lincoln; advising that certain information has been obtained which refutes statements claimed to be made by Mr,Komoroswski, Pla~t Manager; advising that the cost of land in the Falls Industrial Park is cheaper than lands with similar services in other municipalities within the Region, ORDERED on the motion of Alderman Puttick, seconded by Alderman Runt that the report be received and filed. · · No. 536 - City Manager - Re: Charges far Water and Sewage Services Supplied by the Region to Area Municipalities. Advising that in the City of Niagara Falls the wholesale Water rate from the Region will change from 15.9¢ per thousand gallons in 1973 to 32C per thousand gallons in 1978. The proposal is for a rate of 25.3¢ in 1974 with the difference 'between the 25.3~ rate and 32¢ rate being phased in over the ensuing years, In addition~ the sewage rate will range from 22,8~ in 1973 to 37.4¢ in 1978. All rates will be the same in 1978. The report recommends (1) the Region he requested to make a formal presentation to Council,explaining the need for the report and other details which would assist Council in making a decision and (2) the Region be requested topostpone its meeting of Oct.Zhth until such time as they'meet with Council and the position of the City of Niagara Falls is made known 'to the Region. ORDERED on the motion of Alderman Christensen~ seconded by Alderman Thomson that the report be received and adopted. -4- Reports (Cent'd) No. 537 - City Manager - Re: J.B.Food Market (J.Bombacino) - Referring to an application to the Con~nittee of Adjustment for a minor variance to allow an addition to be built without adequate off-street parking spaces. The applica- tion was approved by the Committee and the City appealed the decision to the Ontario Municipal Board. The report advises that Mr. Bomhacino now prefers to pay cash, in installments, in lieu of parking rather than waiting on an O.M.B. hearing. The City's policy provides for payment of $600. for one parking space. The applicant also requests that outstanding payments be waived in the event the City~s zoning by-law is changed and theproperty is exempted from providing parking spaces; recommending that no agreement be made to waive future payments; advising that because of the precedent established in previous applications, staff is not prepared to recommend payment by install- ments but if Council agrees with this method, it could be reflected in the agreement with the City; the City's appeal against the decision of the Committee of Adjustment could then be withdrawn. ORDERED on the motion of Alderman Fete, seconded by Alderman Thomson that Mr. Bombacino be granted permission to address Council. Mr. Borabacino related the difficulties he had encountered in con- tacting City officials in regard to his application. He said that because of the cost of recent improvements and volume of business he was not able to pay the full amount at one time ORDERED on the motion of Alderman Thomson, seeended by Alderman Puttick that the report of the City Manager be received and the J.B.Food Market be permitted to pay $600., by installments, in lieu of one parking space. The City Clerk advised that any agreement with Mr. Bombacino and payment by installments is subject to the approval of the Ontario Municipal Board.following which the Ctty's appeal can be withdrawn. No. 538 - City Manager - Re: Niagara Falls Flyera Jr."A" Hockey Club Agreement. Suggesting two changes in the agreement: (1) the minimum fee be reduced from $350.00 per game to $250.00 per game and (2) that advertising costs be included as a gate expense and deducted from the gross gate receipts for each game; reconmendtng approval of the two changes suggested and a new agreement be entered into with Mr. R. Masterson. Mr. Masterson was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Harrigan. Mr. Masterson provided information regarding game attendance and enumerated the expenses of the 1972-73 season which indicated a loss of $33,000. He noted that the franchise fee is paid only once and it is'expected that some savings will be realized on equipment. In addition, players will be required to pay their own fines and will no longer be given three dollars expense money for out-of-town games. Mr. Masterson stated that he had agreed to take over the team for two years and a decision regarding future years will be considered at the close of the 1973-74 season. It was then moved by Alderman Fete, seconded by Alderman Christensen that the report of the City Manager be received and adopted. The motion Carried unanimously. No. 539 - M~yor George Bukator - Re: Report of the Ontario Housing CommissiOn on Housing for Senior Citizens. Advising the Mayor's Co~ittee on Housing recommends sdoption of the report on the need for senior citizen units and the O.H.C. be requested to undertake the immediate development of 200 one-bedroom units in the City of Niagara Falls; the Committee recommends further that prior to the preparation of the usual call by O.H.C. for the submission of ~evelopment proposals, officials be asked to meet with representatives of the Mayor's C~n~ittee on Rousing, the Niagara Falls Rousing Authority and Planning Staff to discuss the manner in which submissions are to be received. It is the Committee's hope to discuss with O.H.C. representatives the possibility of receiving proposals that will form a nucle~s:~ for a long range plan for a senior citizens complex in or adjacent to the dewtown area. Representatives of the Niagara Falls Housing Authority were present at the meeting and Mr.L.Detlor, Chai~man,introduced Mrs.Lynn Webbet, St.Housing Analyst, and Mr.Andris .Janeon,St.CitiZen Development Officer, Ontario Housing Corporation. In reply to a question by Alderman Puttick, Mr. Janson confirmed that he was in a position to arrange a meeting between O.R.C. and City repre- sentatives to discuss possible emendmenta to the Corporation's policy regarding land costs and location of senior citizen units. -5- Report ~539 (Cent'd) ORDERED on the motion of Alderman Puttick, seconded by Alderman Keighan that the report of His Worship Mayor Bukator be received and adopted. No. 540 - City Manager - Re: Niagara South Recreation Complex. Advising that the rezoning of the former Starlite Theatre property on Sodom Road has been completed and a four-phase proposal totally involving all lands for recreational use has been approved by the Recreation Commission; suggesting a presentation be made to the City Council st the Council Committee meeting of October 22nd with repre- sentatives of the Recreation Commission and the Niagara South Action Committee in attendance. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted. No. 541 - City Manager - Re: Drainage Policy for the Regional Municipality of Niagara. Suggesting the Region defer consideration of Report DE1961 and suggesting proposed changes be discussed with representatives of the Regional Public Works and Utilities Committee and representatives of the City of Niagara Falls, St.Catharines and Welland at the Council Committee meeting of October 22nd. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Thomson that the report be received and adopted. No. 542 - City Manager - Re: Proposed Plan of Subdivision, Paramount Properties, ~ Pt. Twp.Lots 178 and 187, west side Dorchester Road. Recommending preliminary approval subject to nine conditions enumerated in the report. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. The motion Carried with Alderman Smeaton voting contrary and all others in favour. No. 543 - City Manager - Re: Underground Services for Cssey Subdivision, Contract G.C.38-73. Recommending acceptance of the unit prices submitted by Demote Bros. Limited. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that the report be received and adopted. See Resolution No.141 No. 544 - City Manager - Re: International City Management Conference. Report on the proceedings at the 59th Annual Conference in Boston from Sept. 23rd to 27,1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that the report be received and filed. No. 545 - City Manager - Re: Fall Workshop, Ontario Chapter, Municipal Purchasers. Recommending the Purchasing Agent, J. Smyth, be authorized to attend the Workshop in Toronto from Nov. 1st to 2nd,1973. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted. No. 546 - City Manager - Re: Ontario Building Officials Assoc.Annual Convention, Toronto, October 22nd to 26th,1973. Recommending the Building Inspector or his representative be granted permission to attend. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted. No. 547 - City Manager - Building Permits issued for the month of September 1973. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and filed. No. 548 - City Clerk - Reconnending approval of Municipal Licences. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the report be received and adopted and licences granted.' No. 549 - City Manager - Recorm~end ing payment of Municipal Accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman'Christensen that the report be receivedand adopted. BY-LAWS ~o. 73-238 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Tureski plan of subdivision, Panay Realty, Vine and Coholan Streets, Amendment No, 67) - 6- By-law No.73-238 (Cont'd) . ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 73-239 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lot 35, Morganelli; Lot 36, Campigotto; Lot 37 Graovaz) ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-240 - A By-law to authorize the sale of land to The Regional Municipality of Niagara. (Northeasterly corner of the intersection of Lundyts Lane and Montrose Road) ORDERED on the motion of Alderman Thomson, seconded by Alderman. Wallace that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-241 - A By-law to amend By-law No.73-229, being a'+by-law to appoint municipal law enforcement officers. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimously No. 73-242 - A By-law to authorize the execution of an agreement with Damore Bros. Limited for the construction of sewermains and watermains. (Casey Subdivision) ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Alderman Thomson be granted leave to introduce the By-laW and the By-law be given a firs t reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously - 7- By-laws (Contd.) No. 73-243 - A By-law to amend By-law No. 7531, being a By-law to provide for the erection of Stop Signs at Intersections (Green Ave. at Rysdale St.) ORDERED on the motion of AIderman Wallace, seconded by Alderman Fera that Alderman Schisler be granted leave to introduce a By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-244 - A By-law to authorize an agreement with Russell Masterson for the use of the Niagara Falls Memorial Arena. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Thomson be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 73-245 - A By-law to authorize the reconstruction of Morrison Street from Victoria Avenue to Cryslat Avenue. (TWO READINGS ONLY) ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimousll ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the By-law be now given a second reading. Carried Unanimousix No. 73-246 - A By-law to authorize the construction of a storm sewer ss an extension to the sewage system in the Urban Service Areas of the City. (1140 READINGS ONLY) ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried UnanimousIX ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second reading. Carried Unanimouslx No. 73-247 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimous1x ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given s second and third reading. Carried Unanimouslx ..L_ -8 - RESOLUTIONS No. 140 - MANN - HUNT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Panay Realty Ltd. and Wm. Slovak conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Treasury, Economics and Inter- governmental Affsirs after Official Plan Amendment No. 67 has been epproved; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 141 - HUNT - KEIGHAN - RESOLVED that the unit prices submitted by Demote Brothers Ltd. for underground services in the Caaey Subdivision, Contract G.C.38-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS OAKES DRIVE REPAIRS In reply to Alderman Christensen's query, the City Engineer advised that a letter had been forwarded to Mr. Harris suggesting the Niagara Parks Commission initiate a storm sewer study and a Technical Advisory Committee of the Region hold a meeting as soon as possible to consider the possibility of the roadway being assumed by either the City or the Region. ALLOTMENT GARDEN PROGRAM Information regarding the program undertaken in the City of Ottawa had been made available to members of Council and it was moved by Alderman Puttick, seconded by Alderman Harrigan that the City Manager be authorized to work with interested organizations to implement a similar program in the City of Niagsra Falls as soon as possible. The motion CarrieJ unanimously. MILLENNIUM '73 Members of Council had received official invitations to attend Millennium ~73 in Houston, Texas at which time the fifteen year old Guru Maharaj Ji will declare One Thousand Years of Peace. It was moved by Aldernmn Puttick, seconded by Alderman Fera that the invitation be acknowledged and regret expressed that the City's budget does not permit the attendance of a City representative. The communication will also commend the objectives of Millennium '73 and convey the best wishes of the City for a successful meeting. The motion Carried unanimously. ~ HUGGINS ST. - ST.PAUL AVE. - COMPLAINTS OF NOISE Alderman Harrigan coum~ented on the continuing nuisance and noise at the corner of Huggins St. end St.Paul Ave. and enquired about the enforcement of a recent by-law governing the parking of vehicles in this particular area. The City Clerk confirmed that Regional Police had been provided with a copy of the by-law which will not take effect until proper signs have been erected. The signs have been ordered. City officials are reluctant to enforce the by- law before legally authorized to do so. NO PARKING - SOUTH SIDE OF BRIDGE STREET Alderman Thomson referred to an earlier decision of Council to prohibit parking on the south side of Bridge Street from Stanley Ave. to 'Sixth Ave. and questioned the delay in implementing the new regulations. The Alderman requested a report regarding the procedure followed and information as to when the "no parking" regulation will be in effect. ROAD CONSTRUCTION - MARIECLAUDE AVE.-JILL DR.AREA The City Engineer will investigate reports received by Alderman Smeaton about possible misinterpretation of specifications during construction in the Marieclaude Ave.-Jill Dr.area. According to the Alderman's information, excavation Was too low and sewers had to be raised 6" after the work had started. - 10- COUNCIL MEETING Committee Room ~1, October 15, 1973. Council reconvened in open session following a Committee of the Whole meeting held Monday, October 15, 1973. All members of Council were present. His Worship Mayor George Bukstor presided as Chairman. The meeting adj ourned on the motion of Alderman Hunt, seconded by Alderman Christensen. READ AND ADOPTED, lerk Mayor - 9- New Business (Cont'd) POLICE BUILDING Aideman Wallace said it is his understanding that the Board of Police Connnissioners had again reviewed the matter of a new police building for the City of Niagara Falls and had withheld final approval pending a decision of what was to be done with the present police building in the event a new facility was built. The City Clerk was asked to obtain specific information as to what is proposed by the Conmission and Alderman Wallace suggested the matter be discussed at the next meeting of the Council Con~mittee.. ROYAL TRUST CO. Notification was received by Mayor Bukator of the opening of an office in the Wallace building on Queen St. by the Royal Trust Co. It is expected the office will be open for business in Deepmher and will offer saving deposits, financial and real estate services. The meeting adjourned to Committee of theWhole.on the motion.of Alderman.Thomson, seconded by Alderman Schisler. READ AND ADOPTED, Mayor COMMITTEE OF THE WHOLE Committee Room ~1, October 15, 1973. Council met in Conmittee of the Whole followidg a regular meeting held Monday, October 15, 1973. All Members of Council were present. Alderman Marrigan presided as Chairman. Following consideration of the items presented, it was moved by Alderman Mann, seconded by Alderman Keighen that the Committee of the Whole arise without reporting to Council. READ AND ADOPTED, FORTY-SIXTH MEETING Committee Rooms 2 & 3 October 22, 1973. SPECIAL MEETING Following a Council Committee meeting held Monday, October 22nd,1973, Council reconvened in formal Council session on the motion of Alderman Wallace, seconded by Alderman Hunt. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present. REPORTS No. 550 - City Manager - Re: Report on Proposed Niagara South Recreation Complex. The report provides a summary of events to date and recommends: (a) Council approve the preliminary plans for the Niagara South Recreation Complex to be constructed on the Sodom Road site in four phases with the first phase having an approximate cost of $588,000. to be built immediately; (b) Council authorize preparation of the by-law for O.M.B. approval to borrow $330,000. by debenture and $226,000. from the Winter Capital Projects Fund; (c) Council approve an expenditure of $50,000. from the reserve "Chippaws Recreation Facilities" for this project; ~ (d) Council make application for a grant under the Provincial Community Cantles Act; (e) Council retain Donald N. Chapman and Associates as Architect for the project; (f) Council authorize the City Manager, in consulation with the Niagara South Action Committee, to prepare a report with recommendations for possible methods of operation for the new building; (g) Council give further consideration to the construction of the remaining phases during discussion of the 1974 Capital Budget. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the report of the City Manager be received and the seven R~aMmeMVar,oNS contained therein be adopted. No. 551 - City Manager - Re: Lot 40, Falls Industrial Park. Advising that Stahlkran Limited now prefer to purchase Lot 40 located approximately half way between Stanley Ave. and Earl Thomas Ave. rather than Lot 16 on Progress Street ss previously arranged; recommending approval of the sale 'of Lot 40 in the Falls Industrial Park to Mr. Frsnz Schneider and Mr. Norbert Keuhnreich, Stahlkran Ltd. The cost of the 2.53 acres will be $10,120., construction will be controlled by an approved site plan and a $500. deposit has been made to the City. In reply to questions by Alderman Thomson, the City Manager indicated information would be made available to clarify a request of Stray Construction for an extension to their option and a summary of correspondence between the industry and City officials. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the report of the City Manager be received and adopted. NEW POLICE BUILDING Reference was made to the contents of a memorandum from Mr. C, Kuchard, Executive Secretary of the Niagara Regional Board of Commissioners of Police to Mr. W. J, Dawson, Regional Clerk, dated October 11, 1973. The memo outlines the result of meetings held between representatives of the City of Niagara Falls and the Board relative to s new police building. DUring discussion of the matter mention was made of the possible exchange of lands in conjunction with the proposed new building. It was indicated the City would give consideration to the possibility of exchanging land for the new building for lands and buildings presently owned by the Region and used as a police station at the intersection of Park St. an~ Zimmerman Ave. The Board of Police Commissioners, st their meeting of October 9th, rec~,m,ended to the Regional Council that negotiations be entered into with the City for the express purpose of affectinS the proposed exchange of lands. Alderman Wallace reviewed the steps taken to date in - 2- New Police Building (Coni'd) endeavouring to convince the Niagara Regional Board of Commissioners of Police of the inadequscy of the present police quarters and the advantages of the proposed site. The value of the two properties was also discussed as well as disposition of the existing police building which would no longer be required and would be a factor to be considered by the Region in determining the overall cost of the project. Alderman Thomson questioned why the City should be compelled to accept an old building with a seggested appraised value of $25,000° in exchange for prime property acquired by the City at an estimated cost of $43,000. He suggested no one would be interested in acquiring or using such an obsolete building and commented on the expense of demolishing the building. Alderman Thomson urged Council to give the matter further consideration. The action taken by the Council Cu~.ittee was ratified by the following motion: ORDERED on the motion of Alderman Wallace, seconded by Alderman Keighan that the Council of the City of Niagara Falls agree, in principle, to convey to the Regional Municipality of Niagara a parcel of land situated at the north- east corner of Morrison Street and Ontsrio Avenue, such parcel having an approximate area of 43,000 sq. ft. for the specific purpose of constructing a new police building for the Niagara Division of the Niagara Regional Police Force, said conveyance to be subject to the following conditions: (a) on or before December 31, 1973, the Regional Municipality of Niagara reach a decision to construct the proposed police building; (b) construction of the proposed building be connnenced in the year 1974 and erected according to plans and specifications mutually agreeable to the Niagara Regional Board of Connnisaioners of Police, the Regional Municipality of Niagara and the City of Niagara Falls; (c) in consideration of the conveyance by the City of lands required for the proposed new police building, the Regional Municipality of Niagara will convey to the City of Niagara Falls in fee simple, the lsnds and buildings presently owned by the Region and situated at the intersection of Park Street and Zimmerman Avenue; said property currently being used by the Region to accommodate the Niagara Division of the Regional Police Force; (d) the exchange of properties described above to be completed at or about the time Regional authorities are prepared to vacate the present building and occupy the proposed polic~ facilities. The motion Csrrie~. with Alderman Thomson voting contrary and all others in favour. BY-lAW No.73-24~ - A By-law to authorize the sale of land in the Falls Industrial Park. (Lot 40, gtahlkran Limited) ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Alderman Christensen be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Mann that the By-law be now given a second and third reading. "' Carried Unanimously CITY FLOAT NEW BUSINESS A letter from the Niagara Promotion Association concerning the participation of the City Float in Macy's Parade, New York Citys will be placed on a future Council agerids. The matter was introduced by Alderman Christensen. ~ODOM ROAD - Q.E.W. FLYOVER Alderman Hunt enquired as to when lights would be installed at the flyover of the Q.E.W. at Sodom Road. The City Engineer confirmed that a letter requesting information about the installation of lights had been send to the 'District Engineer o[ the M.T.C. No reply has been received to date. - 3 - New Business (Coni'd) NEW CITY EDITOR Alderman Puttick congratulated Mr. Joe Hvilivitzky upon being promoted to City Editor of the Niagara Falls Review. His Worship Mayor Bukator also offered congratulations and, on behalf of Council, expressed appreciation for Mr. Hvilivitzky's news coverage of Council meetings. ADJOURNMENT The meeting adjourned on the motion of Alderman Mann, seconded by Alderman Hunt. READ AND ADOPTED, Mayor FORTY-SEVENTH MEETING REGULAR MEETING Council Chambers, October 29, 1973. Council met on Monday, October 29, 1973, at 7:30 p.m. for the purpose of cons idering genera 1 business. All Members of Council were present with the exception of Alderman Harrigan and Alderman Wallace. His Worship Mayor George Bukator presided as Chairman and offered the Opening Prayer. ADOPTION OF MINUTES The minutes of the October 15th and October 22nd, 1973, meetings were adopted as printed on the motion of Alderman Mann, seconded by Alderman Thomson. DEPUTATIONS EQUIPMENT AT SANITARy LANDFILL SITE Mr. D. Susin was granted permission to address Council regarding equipment used at the sanitary landfill site on the motion of Alderman Mann, seconded by Alderman Fera. Mr. Susin disputed a reported submitted to the Council Committee on September 24th,1973 which, he said, indicates the front end loader had broken down completely and must be either replaced or fully restored. He suggested the machine, which has been idle since the first week in August, is in better condition than the equipment presently being rented. He provided copies-of an inspection report prepared by Syracuse Supply Co. which, he said, confirms his opinion that with minor repairs costing an estimated $500., the machine could be operated for another four to five months at which time the undercarriage would have to be replaced. A complete overhaul, he said, would cost $11,200. and the equipment would then be in new condition. Mr. Susin accused City Staff of changing an efficient operation using the city-owned bullclam and a rented bulldozer for a new compactor and a rented front end loader without any guaranty that the combina- tion of this equipment will do the work satisfactorily. He also stated that investi- gations indicate the City is paying a rental fee of $22.00 per hour for a 2~cu.yd. front end loader when in reality the rented equipment is a 2~ cu.yd.loader which does not have the capacity to replace the operation of the bullclam and requires the assistance of another machine. The City Engineer advised that staff had re-negotiated the rental rate and the amount being paid is $19.75 per hour. In calling tenders, the city-owned bullclam had been offered as a trade-in and Nr. Busin had ~ubmitted an offer and certified cheque for the purchase of the equip- ment. The Works Engineer commented on the 180-day waiting period before delivery of such equipment and advised that a compactor is available and could be delivered within two or three weeks. However, the supplier has indicated the machine cannot be held for the City unless an order is received. The early delivery date would result in a considerable saving for the municipality.on rentals being paid for substitute equipment. The City Managerts report regarding the tenders received for the compactor was brought forward for consideration at this time. Report No. 652 - City Manager - Re: Tenders on Sanitary Landfill Compactor.Advising that all tenders were compared with specifications and a tender by Crothers Ltd. in the amount of $57,247. was found to be the lowest one conforming in all aspects; recommending acceptance of the tender by Crothers Ltd,, Hamilton, Ontario in the amount of $67,247. including provincial sales tax and trade-in value of the City- owned Bullclam, for purchase of a Caterpillar #816 Landfill Compactor. It was then moved by Alderman Puttick, seconded by Alderman Hunt that the report and the recommendation b~l,~pr~d~nprinciple; further, that His Worshlp Mayor Bukator arrange a meeting with Mr. Susin and appropriate City officials to discuss Mr. Susin's comments following which members of Council will be contacted be telephone to determine if the results of the meeting ere acceptable with a view to purchasing the landfill compactor. The motion Carried unanimously. See Resolution No.142 - 2- DELL SUBDIVISION Mr. A. L. McKechnie had requested permission to address Council about problems related to the Dell Subdivision. Con~n.#122 - A.L.McKechnie - Submitting a petition bearing the signatures of 110 residents of Harvard Ave., McGill St., Yale Crescent and Oxford St. indicating concern about heavy construction truck traffic in the area and alterations to the original scheme for access to the Dell Subdivision; conmenting on future traffic volumes and increasing hazards to the safety of school children. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that Mr. McKechnte be granted permission to address Council. Mr. McKechnie noted that at the Committee of Adjustment hearing when severance of a portion of the Dell property was considered, a drawing was pre- sented indicating the proposed layout of the subdivision and three access points (a) at the northerly extension of Harvard Ave., (b) an extension of Wiltshire Blvd. and (c) a connection to Dorchester Road via an existing 66-foot unopened road allowance inmedistely to the north of the fire hall. Plans now indicate the new subdivision will have no direct access to Dorchester Road and will depend on the use of residential streets in the area. On behalf of the petitioners, Mr. McKechnie requested an amendment to the by-law approving the plan of the Dell Subdivision in order to provide a direct access to Dorchester Road by means of an existing 66-foot unopened road allowance adjacent to the fire hall. The Planning Administrator reviewed the development of the subdivision and referred to a Planning and Development Committee report approved by Council in May 1972 which indicated the ovdrall layout of the area and revisions to the road pattern including the location of the service road extending southerly from Moatrose Road. He also commented on the need to reduce the number of road access points onto Dorchester Road which affect traffic movement. When asked to comment, the City Solicitor expressed the opinion that as plan of subdivision has been approved by the Minister and has been registered, any change would involve the consent of land owners affected by the change and possible objections by them. He also questioned whether the City owned the land past the westerly limit of the fire hall and the possibility that the suggested access from Dorchester Road would require property acquisition by purchase or expropriation as well as the road construction costs. The subdivider's agree- ment provided for the subdivider being responsible for services on the sdbdivision plan as registered but this did not include paying for a roadway north of the fire hall. ~ It was then moved by Alderman Thomson, seconded by Alderman Christensen that the communication and petition submitted by Mr. McKechnie be referred to staff for a complete report regarding the possibility of providing immediate relief from vehicles us ing McGill Street during developnmnt of Plan N.S.27, by the use of an existing 66-foot right-of-way adjacent to Dorchester Road and s 20-foot walkway to Brian Crescent; and, further, that the report cover both short end long term staff recommendations, if any, as well as the possibility of liability involved if alternate reconmendations are made. The report to be submitted at the next Council Conmittee session. The motion Carrie,d unanimously UNFINISHED BUSINESS -'- NEW LIBRARY Comm.~ll4 - Donald N. Chapman, Architect - Advising that tenders are being called for the proposed new public library. Report ~553 - City Manager - In order to initiate construction as quickly as possible and to take maximum advantage of subsidies on labour rates during the winter months, the report recommends that Council pass a by-law to authorize the construction of the new library at a total cost of $1,750,000:; the net amount to be debentured remaining at $1,400,000. Mr. G. H. Mamilton, Cha irman,' Niagara Falls Public Library Board, was Branted permission to address Council on the motion of Alderman Thomson, seconded b~ AldermanWalker. - 3 - New Library (Cont'd) Mr. Hamilton said the Building Committee had considered all tenders received for the construction of the new main public library and had reported to the Library Board. He advised the tender submitted by 3ohn Tries Construction Ltd. in the amount of $1,462,454.00 was accepted by the Beard subject to the City Council obtaining the approval of the Ontario Municipal Board. Acceptance of the tender, Mr. Hamilton said~ marks a milestone in the long drawn out procedure necessary to obtain suitable facilities for the library and a cultural centre. He expressed appreciation for the cooperation of the Mayor and City Council and for the efforts of Miss VanSlyke, the library staff, R. Durdan, R. Pierce and others. He also commented on the excellent work done by D. Chapman and Associates. Mr. Hamilton announced plans for a public sod-turning ceremony on the library site November 3,1973. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fern that the report of the City Manager be received and adopted. The By-law authorizing the additional expenditure for the construction of the new library was brought forward for consideration at this time. By-Law No.73-255 - A By-law to authorize an additional expenditure for the con- struction of a new library. (%WO READINGS ONLY) ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second reading. Carried Unanimously EXTENSION OF BUS SERVICE - CHIPPAWA Report #280 - City Manager - Summarizing previous requests, reports, petitions and surveys in respect to the feasibility of extending bus service to the former Village of Chippaws. The report recommends that bus service be continued and a by-law be prepared amending Urban Service Area No.2 to include a proportionate share of the annual operating deficit of the Transit Commission. Report ~554 - City Manager - Re:Extension of Bus Service - Former Village of Chippaws. Advising that the Ontario Municipal Board has, by an Order dated the 15th day of October 1973, approved the City's application to amend Urban Service Area #2 to include the operation of a public transit service. (By-law No.73-210) ORDERED on the motion of Aldermen Thomson, seconded by Alderman Christensen that the report be received and adopted. SINNICKS AVENUE L Connn.~ll8 . Mr. C.Cross - Re: Parking at the south end of Sinnicks Avenue. Suggesting the City's parking authority be instructed to carry out a survey on traffic movement on Sinnicks Avenue with a view to recommending a complete ban on parking from the southerly limit to a point north of the intersection of Sinnicks Ave. and St. John Street. Report ~555 - City Manager - Recommending that parking be removed at all times from the easterly side of Sinnicks Avenue from Thorold Stone Road to St.John Street and from the westerly side of Sinnicks Avenue from Thorold Stone Road to St.Mary's St. ORDERED on the motion of Alderman Christensen, seconded by Alderman Mann that Mr. C.Cross be granted permission to address Council. Mr.Cross expressed his disappointment at the recommended partial prohi- bition and reiterated his suggestion that parking be banned on both sides of Sinnicks Ave. from the intersection of Sinnicks and Thorold Stone Road to the intersection of Sinnicks sad St.John Street. As reasons for the suggestion, Mr. Cross cited potential danger because of heavy traffic on Sinnicks Ave. and the safety of many children who'habitually play in three areas and move from one area to the other. He suggested there is sufficient off-street parking for private homes on Sinnicks'Ave. as well as for. the Ontario Housing family units. ORDERED on the motion of Alderman Puttick, seconded by Alderman Keighsn that the report of the City Manager be received and filed and parking be removed at all times from both sides of Sinnicks Avenue from Thorold Stone Road to St.John Street. -4- REZONING APPLICATION - SOUTH-EAST CORNER - LUNDY'S lANE & BROOKFIELD The report of the Planning and Development Committee was brought forward at this time for consideration on the motion of Alderman Puttick, seconded by Alderman Thomson. Report ~ 556 - Planning & Development Conmittee - Re: AM-36/73 Wm. Abbott, Pt.Twp. Lot 141, 7058 Lundy's Lane. The applicant proposes to renovate the ground floor of an existing building to permit the use of the property for a hair-styling shop. The report recommends approval of the application subject to a site plan agreement and, further, that Council certify the application conforms to Official Plan Amendment No. 28 of the Niagara. Falls Planning Ares. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted. See Resolution No.143 By-Law No. 73-251 - A By-law to authorize a site plan agreement with William and Marjan Abbott. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously By-Law No. 73-252 - A By-law to amend By-law No. 2530,1960 of the former Twp. of Stamford, now in the City of Niagara Falls, as amended. (Abbott) ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that Alderman Thomson be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Mann that the By-law be now given a second and third reading. Carried Unanimously UNFINISHED BUSINESS (Cont'd) DOWNTOWN MALL Report #557 - City Manager - Referring to an earlier motion by Council that City Staff be directed to initiate the necessary steps to obtain a private bill permitting the City to establish a downtown mall and to exempt the municipality from any liability arising as a result of its operation; requesting that members of Council indicate ] f they are in favour of the proposal submitted by the Downtown Business Improvement Association. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report barecalved and filed and Council approve the concept of establishing a mall on Queen Street in 1974; further, that City Staff be authorized to commence the preparation of a private bill to authorize the operation of a mall in accordance with terms set out by the Downtown Business Improvement Associa= tion. REZONING ' EAST SIDE OF PORTAGE RD.,SOUTH OF VIRGINIA ST. By-Law No.73-94 - The By-law whe~ approved will rexone a parcel of property located on the east side of Portage Road south of Virginia Street from Cu~n.ercial to Apartment Residential to permit the erection of one apartment building con- taining not more then 18 dwelling units. Report No.~58 - City Clerk - Advising that the Ontario Municipal Board has appointed Wednesday, December 12,1973, at 2:00 P.M. for a. hearing of all parties interested in supportins or opposing the application. ORDERED on the motion of Alderman Hunt, seconded by AIderman Mann that the report be received and filed and the hearing date noted. ,I - 5 - Unfinished Business (Cont'd) O.H.C. MULTIPLE-FAMILy DWELLINGS Report No.559 - City Clerk - Re: Rezoning application of Taro Properties Inc. to permit multiple-family dwellings on property located on the north side of McLeod Road, east of Drur~nond Road; advising that as a result of the usual notification procedure, four letters of objection were received. requesting the direction of Council. , ORDERED on the motion of Alderman Thomson, seconded by Alderman Keighsn that the report be received and filed and Council reaffirm an earlier decision to approve the application of Taro Properties Inc. and the application, together with the objections received be forwarded to the Ontario Municipal Board for consideration. ' COMMUNICATIONS No.123 - Niagara Falls Lions Club - Re: City Float. Requesting Permission to enter the City Float in the Lions Club Convention Parade, Sudbury, May 25,1974. Advising that the association is prepared to undertake all expenses such as transportation, painting or decorating and protecting the City against any losses that may occur. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the communication be received and the request approved providing the Lions Club accept responsibility for all expenses involved. .REPORTS No. 560 - City Manager - Re: Special Charges By-law No.7611,1968. Referring to the impost fees which are charged to persons making application for building permits for the purpose of providing funds for additional sanitary or storm sewer or water supply capacity; advising that the special charges are imposed on all classes of buildings including residential, non-residential and combined resi- dential and non-residential buildings; recommending that the City Solicitor be authorized to prepare a by-law to provide for the elimination of impost charges relating to new or additions to industrial buildings and to provide that the special charges apply to other classes of buildings within the present boundaries of the City. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report :~be received and adopted. No. 56 1 - City Manager - Advising that the firm of Kerry T.Howe Limited wish to purchase the easterly half of the unopened road allowance between Lots 98 and 99, Registered Plan 12; the property is located at the end of Fifth Avenue, south of Jepson Street; recommending that staff be instructed to initiate the closing of the unopened portion of Fifth Avenue subject to the sale of lands so closed for an amount not less than $7,500. No commitment will be given to either of the abutting owners that the land will be sold to them unless the Municipality has confirmation the entire road allowance will be purchased. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be'received and adopted. ' No. 562 - City Manager - Re: Registered Property 71-4,J.A.Climenhage Development, Pt. Lot 53, Plan 108, Keiffer St. Recommending the property be conveyed by the City to the former assessed owner, J,A.Climenhage Development, subject to the approval of the Ministery of Treasury,Economics and Intergovernmental Affairs. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the report be received and adopted. See By-law 73-250 No. 563 - Recreation Commission - Re: Project P.L.A.N. (People Looking st Activities in Niagara Falls). Advising of a proposed meeting designed to review the findings of Project P.L.A.N. end allow participznts to program development; inviting members of Council to attend a special meeting,Nov.13,1973,7:30 p.m. at City Hall. It was noted that a Council meeting is scheduled for the same evening and the report was received and filed on the motion of Alderman Keighan, seconded by Alderman Mann. No. 364 - gity M~nager.-.Re: Exit from Rainbow Bridge. Recommending the Ministry of Transportation and Communications be requested to re-examine the possibility of a median strip which could be removed to allow left turns from the Rainbow Bridge onto Fells Avenue during times when traffic volomes are low. ORDERED on the motion of Alderman Puttick, seconded by Aldermm~Christenaen that the report be received and adopted. -6- Reports (tout'd) No. '565 - City Manager - Submitting information received from the Assessment Supervisor of the Welland County Roman Catholic Separate School Board regarding 104 individual appeals; referring to legislation which provides a method for the correction of mistakes; recommending that List '~" being assessment received and approved by the City Clerk during the normal period for receiving appeals in 1972, be corrected; noting that appeals shown on Lists "B" and "C" were not submitted during the period established for receiving appeals and recommending such appeals be not approved. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. No. 566 - City Manager - Re: Rotary Mowers. Recommending that the price of $2,214.90 submitted by Niagara Lawn Mower for five commercial 25" 5HP Rotary Mowers be accepted; recommending further that the bid of $1,123.50 quoted by Crawford Mower for seven se~t-commercial 21" 3HP rotary mowers be accepted. ORDERED on the motion of Alderman Hunt, seconded by Alderman Puttick that the report be received and adopted. The motion Carried with Alderman Christensen voting contrary and all others in favour. See Resolution No.144 No. 567 - City Manager - Re: Fencing Contract F.E.39-73.Reconmmending acceptance of the prices received from Frost Steel and Wire Limited for the supply and erection of fencing and backstops in the total amount of $13,336.00. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received and adopted. See Resolution No.145 No. 568 - City Manager - Re: 1973 Tree Planting Program,Contract No.T.P,40-73. Recommending thethe unit prices submitted by Gauld Nurseries for the installa- tion of trees specified in the contract documents be accepted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fen~that the report be received and adopted. See Resolution No.146 No. 569 - City Manager - Re: Rental of Snow Removal Equipment. Recommending that tenders on rental of snow removal equipment be called forthwith and specifi- cations include stand-by payments of $10.00 per day for all equipment accepted with a proviso that such equipment be stationed at the service centre. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 570 - City Manager - Re: Remembrance Day Holiday. Advising that the Remembrance Day holiday will be observed at City Mall on M~nday, November 12th. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report be received and adopted. No. 271 - City Manager - Re: Annual Municipal Engineers' Fall Workshop. Recommending that three members of the engineering staff be authorized to attend the workshop at North Bay from November 21st to November 23rd inclusive. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mannahat the report be received and adopted. No. ~72 - City Manager - R e: Proposed.l~lslative Amendments. Submitting a memorandum from the Ministry of Treasury, Economics and Intergovernmental Affairs outlining responsibilities presently exercised by the Province which could be delegated to either municipal or regional governments; requesting Council to review the list and submit comments and suggestions to the City Clerk. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the ' report be received and filed. No. 273 - City Clerk - Advisory Report. The report recommends acceptance of an invitation to visit the Lundy's Lane Historical Museum on November 19th; the proclamation of "Poppy Weekn,November 5 - 10,1973 ;end approval of a half- page advertisement in the program of the PeeWee Hockey Tournament. Information regarding a 5% increase in basic pensions through O.M.E.R.S. is also provided. ORDERED on the motion of Alderman Schisler, seconded by Aldeuuan Puttick that · hereport be received and adopted. Reports (tout'd) - 7- No. 574 - City Clerk - Recommend ing approval of Municipal Licences. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the report be received and adopted and licenets granted. The motion Carried with the following vote: __ AYE: Aldermen Hunt, Fer, Mann, Keighan, Puttick, Smeaton, Schisler, Thomson. .NAYE Aldermen Christensen and Walker. No. 575 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Keighan, seconded by Alderman Christensen that the report be received and adopted. RESOLUTIONS No.142 - PUTTICK - HUNT - RESOLVED that the tender submitted by Crothers Ltd., Hamilton, Oatsrio, for the purchase of a Caterpillar ~816 Landfill Compactor in the amount of $57,247. including provincial sales tax and trade-in value of the City-owned Bullclam, be accepted; AND the Seal of the Corporation be hereto affixed. Resolution No.142A - See Page 8 Carried Unanimously No.143 - PUTTICK-THOMSON _ RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of William Abbott for the rezoning of property known as Pt.Twp.Lot 141 and located at 7058 Lundy's Lane conforum to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as approved by the Minister of Economics, Treasury and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 144 - HUNT - PUTTICK - RESOLVED that the quoted amount of $2,214.90 submitted by Niagara Lawn Mower for five (5) commercial 25" 5HP Rotary Mowers be accepted; further, that the bid of $1,123.50 quoted by Crawford Mower for seven(7} semi- commercial 21" 3HP rotary mowers be accepted; AND the Seal of the Corporation be hereto affixed. Carried No. 145 - THOMSON - FERA - RESOLVED that the prices received from Frost Steel and Wire Ltd.for the supply and erection of fencing and backstops in the total amount of $13,336.00,Ontract F.E.39-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 146 - THOMSON - FERA - RESOLVED that the unit prices submitted by Gauld Nurseries for the installation of trees specified in contract documents, Contract T.P.40-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslZ No. 147 - REIGHAN - FERA - RESOLVED that Ontario Housing Corporation be requested to provide rental housing accon~nodation on a geared-to-income basis for senior citizens in the City of Niagara Falls, such rental housing accommodation to comprise 200 one-bedroom units, as indicated in the survey of need and effective demand dated September, 1973. The Corporation of the Municipality of Niagara Falls hereby under- takes and agrees to contribute 7~% of any annual loss arising out of the operation of the said senior citizen housing; AND the Seal of the Corporation be hereto affixed .... ~., Carried Unanimously No. 148 - KEIGHAN - PUTTICK - RESOLVED that the application of Wade Construction Ltd. for the rezoning of Part Lot 187,Iotated on the west side of Dorchester Road,south of McLeod Read, conforms to Official Plan Amendment No. 28 of the Nlagara Falls Planning Area as approved by the Minister of Economics,Treasury and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No, 149 - FERA - HUNT - RESOLVED that the next regular meeting of the Council of .the City of Niagara Falls be held on Tuesday,November 13,1973,conmencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. ' Carried Unsnimously No. 150 - PUTTICK - MANN - RESOLVED that a message of congratulation and best wishes be forwarded to Mrs.Winnifred Stokes Hill on being named a member of the Order of Canada; AND the Seal of the Corporation be hereto affixed. Carried Unanimously - 8 - Resolutions (Cont'd) No.142A-MANN-HUNT - RESOLVED that the Council of the Corporation of the C{ty of Niagara Falls hereby certify that the application of Paramount Properties for Pt. Twp.Lots 178 and 187 located on the west side of Dorchester Road conforms to Official Plan Amendment No.28 of the Niagara Falls Planning Area ss amended and approved by the Minister of Treasury,Economics and Intergovernmental Affairs;AND the Seal of the Corporation be hereto affixed. Note:See Oct.15th minutes,Page 5 Carried BY-LAWS No. 73-249 - A By-law to authorize the erection of an arena in tile former Twp. of Willoughby. (TWO READINGS ONLY) ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that Alderman Keighan be grbnted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Keighan, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-250 - A By-law to authorize the conveyance of land to J.A.Climenhage Development Limited. ' ORDERED on the motion of Alderman Schisl~.p~9~ed.b½ Alderman .... Mann that Aldermsn~Hunt 'be"gr~n~ l~ave .to introdhce the By-law and the By-law' be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-251 - A By-law to authorize the execution of a site plan agreement with William Abbott and Marjan Abbott. NOTE: See Page 4 No. 73-252 - A By-law to amend By-law No.2530,1960 of the former Twp.of Stamford, now in the City of Niagara Falls, as amended. (Abbott) NOTE:See Page 4 No.73-253 - A By-law to authorize the execution of an agreement with Gauld Nurseries Limited for the planting of trees. ORDERED on the motion of Alderman Hunt, ec nde~d by Alderman Schlsler a o that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Smeston, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No.73-254 - A By-law to authorize the execution of an agreement with Frost Steel and Wire Co. Ltd.for the supply and erection of fences and backstops. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Thomson be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No.73-255 - A By-law to authorize an additional expenditure for the construction of a new library (TWO READINGS ONLY) NOTE:See Page 3. - 9 - By-laws (tout'd) No. 73-256 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that Alderman Keighan be granted leave to introduce the By-law. Carried Unanimously ORDERED on the motion of Alderman Keighsn, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unani~eusl7 NEW BUSINESS RAIL RE-LOCATION Alderman Keighan referred to a recent announcement that a Bill to provide for the relocation of railway tracks will soon go before the federal government for approval. The Alderman noted the City had completed a study in 1965 and suggested the appropriate Department should be made aware of the City's continuing efforts and desire to have the Penn Central tracks relocated. Alderman Thomson stated that a special committee had been established by the Chamber of Commerce and the City's application is presently in Ottawa awaiting the necessary legislation. Mayor Bukator noted the federal government had subsidized rail ~location in the City of Winnipeg and agreed that the City should continue to press for the same privilege. Alderman Puttick suggested the rail relocation study may have to be up-dated as it is possible that new subdivisions have been developed in areas previously suggested for the relocated railway lines. It was moved by Alderman Puttick, seconded by Alderman Hunt that the matter be discussed at the next meeting of the Council Conm~ittee on November 5th,1973. The motion Fsrried unanimously. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, erk Mayor COMMITTEE OF THE WHOLE Conmtttee Room ~1, October 29, 1973. Council met in Connnittee of the Whole following a regular meeting held Monday, October 29, 1973. All Members of Council were present with the exception of Alderman Wallace and Alderman Harrigan. Alderman Keighan presided as Chairman. Following consideration of the items presented, it was moved by Alderman Christensen, seconded by Alderman Hunt that the Cormmittee of the Whole arise without reporting to Council. READ AND ADOPTED, Hayor - 10 - COUNCIL MEETING Committee Room#l, October 29, 1973. Council reconvened in open session following a Committee of the Whole meeting held Monday, October 29, 1973. All members of Council were present with the exception of Alderman Wallace and Alderman Harrigan. The meeting adjourned on the motion of Aldernmn Schisler, seconded by Alderman Fern. READ AND ADOPTED Clerk .4 Mayor FORTY-EIGHTH MEETING Committee Rooms 2 & 3 November 5th, 1973, SPECIAL MEETING Following a Council Committee meeting held Monday, November 5th, 1973, Council reconvened in formal Council session on the motion of Alderman Thomson, seconded by Alderman Walker. His Worship Mayor George Bukator presided as Chairman. All members of Council were present with the exception of Aldermen Puttick, Christensen, Mann and Hunt; Alderman Puttick having retired from the meeting during the Council Committee session. DEPUTATIONS SANITARY LANDFILL SITE EQUIPMENT Mr. Fermino Susin had requested permission to make a further presentation to Council regarding a Council decision to purchase a new compactor for the sanitary landfill operation. At the October 29th meeting, Council directed that arrange- ments be made for members of staff to meet with Mr. Susin to consider his contention that the City-owned bullclam was operational and should continue to be used in the landfill operation. Mr. Susin was granted permission to address Council on the motion of Alderman Walker, seconded by Alderman Thomson. Mr. Susin described the six-hour meeting with members of staff as a !'waste of time" and stated the discussion had not changed his opinion that staff had '~islead" Council regarding the necessity of purchasing a compactor. He said he had gone to the expense and trouble of contacting a certified caterpillar dealer and provided information regarding the condition of the present equipment for the benefit of Council. In his opinion, the report had proven the bullclam is in working condition. Mr. Susin also questioned why it was necessary for the City to trade-in the bullclam on new equipment. The City Engineer reviewed the reconunendations of engineering staff and noted the present equipment was down for most of the time since August 1973 and there was no guaranty as to how long it would remain in working condition to provide uninterrupted service at the landfill site. He also explained the necessity of a quick decision on the matter because of the availability of a machine that met all specificiations and would eliminate a 180-day waiting period. Alderman Keighan conunented on the desirability of having more time to consider this type of item without being pressured to meet delivery deadlines. The Engineer agreed it was not desirable as a general rule, but it was very important in this instance because of a more economical operation being possible if the machine was Purchased now. Alderman Smeaton asked Mr. Sus in if he had a vested interest in the argument and Ctood to lose money in terms of income. The Alderman also asked if he, Mr. Susin, would lose income from rental of the bulldozer. In response, Mr. Susin said neither he nor his company would lose money as a resuIt of Council~s approval of staff recommendations. During the discussion the City Engineer indicated the bulldozer being rented from Mr. F. Susin had been down for repairs much of the time since August and it had become necessary to rent other equipment. He also advised that Mr. D. Sustn had been paid for repairs to the City bullclam and the City is renting a bulldozer from Mr. F. Susin for the landfill operatio~. His Worship Mayor Bukator suggested that Mr. Susin had been provided smple time to present his arguments. RAIL RELOCATION Members of Council were provided with a resume of negotiations with respect to railway relocstion. His Worship Mayor Bukator introduced Mr. A. Blake Robertson, Chairman of the Rail Relocstion Committee of the Chamber of Commerce, who related the experience of the Chamber of Commerce since 1959 in their efforts to hsve railway tracks relocated. Mr. Robertson reviewed the early history and conclusions reached by the Committee following preparation of two studies on the matter by the Acres and DeLeuw Cather companies. He noted that the federal government has now adopted s new attitude toward the s~bJect of railways which conflier with the nstural development of s municipality and have been convinced Ithere is Justification for participation in such projects. Mr. Robertson also commented on the public statement by the Hon. R. Bagford that legislation fs pending by which the federal government will finsncially support municipsl programs to eliminate railway fscilities which hsve outlived their functionsl purpose st Present locations. He suggested it is still possible to relocste the Penn Central, - 2- Rail Relocstion (Cont'd) improve the environment of tourist and connnercial sectors of the City and make an effective presentation to appropriate federal authorities without much more preparation. Mayor Bukator advised that the Non. J. Monroe had visited him in hospital and apparently understood the City's position and desire for the relocation of existing tracks which bisect the City. It was indicated the City's application to Ottawa was one of thirty and was eighth in line. Mayor Bukator had suggested to the Minister and his assistant, Mr. Viola, that the federal government should consider financial assistance for a survey in Niagara Falls to show the feasibility and possibility of rail relocation as was done for the City of Winnipeg. It was moved by Alderman Harrigan, seconded by Alderman Keighan that a special committee comprised of the Mayor, three Aldermen and three repre- sentatives of the Chamber of Commerce be appointed to look into the matter of updating the material prepared relative to railway relocation and the connnittee so appointed be authorized to contact appropriate federal authorities and carry out negotiations toward obtaining approvals necessary to provide for the reloca- tion of that section of the Penn Central Rsilway which bisects the tourist area of the City. At the suggestion of Alderman Puttick, the Alderman representa- tives were increased to four and the motion was amended to include the names of those appointed to the committee, namely, His Worship Mayor Bukator, Aldermen Wallace, Walker, Harrigan and Keighan and three representatives from the Chamber of Commerce. The motion Carried unanimously. UNFINISHED BUSINESS DELL SUBDIVISION Comm.~122 - Mr.A.L.McKechnie - Submitting a petition bearing signatures of residents of Harvard Ave., McGill St., Yale Crescent and Oxford St. indicating concern about heavy construction truck traffic in the area and alterations to the original scheme of access to the Dell Subdivision; commenting on future traffic volumes and increasing hazards andthe safety of school children. Report #577 - City Manager - Re: Dell Subdivision. The report recommends the construction of a 16' wide granular roadway from Brian Crescent to Dorchester Road along the 20' wide footpath and the existing road allowance north of the fire hall as a temporary access road until such time as the majority of houses have been constructed in the Dell Subdivision; advising that it is felt by the Planning staff and the Engineering Department that a permanent roadway is not required from Brian Crescent to-Dorchester Road. ~ The report was discussed during the Council Committee session. Mr. McKechnie expressed the view of the petitioners and reitersted their request for an amendment to the by-law approving the plan of the Dell Subdivision to provide a direct access to Dorchester Roadby means of an existing 66-foot unopened road allowance adjacent to the fire hall. It was then moved by Alderman ~Thomson, seconded by Alderman Wa~ke~,,. that Council ratify the decision of the Council Committee and approve, in principle, the construction of a permanent paved road from the northerly arm of Brian Crescent east to Dorchester Road and City staff be directed to submit a report as to the costs involved. CASH IN LIEU OF PARKING Report ~'~8 - City Manager - Re: Policy Concerning Agreements for Cash in Lieu of Providing Parking Spaces. Noting that the policy does not provide for psyment by installments and advising permissive legislation provides for installment payments but requires that interest be charged; recommending an addition to the policy to provide that an interest rate equivalent to the prime bank rate would apply to cash in lieu agreements paid by installments, as well as 8 maximum number of installments. - 3 - Report #578 (Cont'd) During the Council Committee session, the Projects Engineer provided additional information and Mr. J. Bombacino expressed his objections to paying an 8% interest charge on installment payments of cash in lieu of parking relating to an addition to his place of business which does not provide for adequate off- street parking. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the report be received and adopted and the policy concerning agreements for cash in lieu of providing parking spaces be amended accordingly. UNIFORM CHARGES FOR WATER AND SEWAGE SERVICES Report #579 - City Manager - Re: Uniform Charges for Water and Sewage Services Supplied by the Region to Area Municipalities. Providing information relating to the Regional report on water and sewer charges; highlights of the report and staff observations of the possible effects of the report on the City of Niagara Falls. During the Council Committee session, the City Engineer elaborated on the report and the comments of members of Council were considered. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the decision of the Council Committee be ratified and the report of the City Manager be received and forwarded to the Regional Municipality of Niagara and a formal- resolution on the matter be considered by Council at a regular Council meeting scheduled for November 13, 1973. GRASSYBROOK PARK The City Clerk provided the Council Committee with up-to-date infor- mation regarding the City's proposal to develop the park under the Parks Assistance Act and recommended that Mr. W. H. Palmar be engaged to develop a park plan. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the decision of the Council Committee be ratified by Council and Mr. W. H. Palmar be engaged to develop the necessary Park Plan. REVISIONS TO SITE PlAN AGREEMENT - D. D'ADDIO The Planning Administrator had provided additional information at the Council Committee meeting and enumerated suggested modifications to the site plan which ensured that essential features of the approved plan would be main- tained. Mr. 3. Johnson address the Council Committee and indicated he was not satisfied with the revisions propc6 ed. He again expressed the opinion that all features of the original site plan should be adhered to. ORDERED on the motion of Alderman Thomson, seconded by Alderman l,Fd~a~ that Council ratify the decision of the Council Connnittee and approve the revised site plan of D. D'Addio, 4410 and 4420 Drummond Road, as presented and explained by staff. The motion .Carried with the following vote: ~YE:.Aldermen Fern, Harrigan, Keighan, Smeaton, Thomson, Wallace. BYE:Aldermen Walker and.Schisler .... BY-lAWS No. 73-255 - A By-law to amend By-law No.72-214 respecting an application of The Niagsra Falls Public Library Board for the issue of debentures. (The By-law was given a first and second reading on October 29~ 1973) ~HIRD READING - Alderman Walker and Alderman Thomson. NEW BUSINESS Carried Unanimously SHOPPING PLAZAS Alderman Keighan expressed his concern about shopping centres going ahead in Welland, Fort Erie, Port Colborne, Lincoln and Niagara-on-the-L~ke while the Niagara Square proposal for the City of Niagsra Falls has been unable to pro- teed, The Alderman enquired about the status of the City ~s application regsrding Niagara Square. t_ -4- Shopping Plazas (Cont'd) The City Solicitor stated that in view of what happened in April 1973 when the Ontario Municipal Board ruled that the application of the City of Niagara Falls was premature because the Region had not done what was required of it, a further approach to the Board was being deferred until the Region's7 retail commercial study gets to the stage where the consultant can present his findings to the Regional Planning and Development Committee. Mr. Young said it is expected a presentation will be made to the Committee in December and then b~. Steele, who is acting as counsel for the City of Niagara Falls, will ask the Ontario Municipal Board to set a hearing date to consider the Niagara Square proposal. The City Solicitor said he was confident if plaza proposals in other area municipalities involved an amendment to a zoning by-law and an official plan amendment, the applications would be treated in the same manner as Niagara Square. PROJECT P.L.A.N. Alderman Keighan commented on the value of the study regarding Project P.L.A.N.(People Looking at Activities in Niagara) and suggested that adoption of the recon~nendations made therein could possibly develop recreational activities in the conmunity in a manner that would be less costly to the taxpayer. It was then'moved by Alderman Keighan, seconded by Alderman Walker that the study be tabled for one week to provide an opportunity for the members of Council to peruse the study and consider the item further at the November 13th meeting. The motion Carried unanimously. The meeting adjourned to Conmaittee of the Whole on the motion of Alderman Wallace seconded by Alderman Walker. COMMITTEE OF THE WHOLE Committee Rooms 2 & 3 November 5, 1973. Council met in Committee of the Whole following a regular meeting held Monday, November 5th, 1973. All Members of Council were present with the exception of Aldermen Puttick, Christensen, Hunt and Mann. His Worship Mayor Bukator presided as Chairman. Following consideration of the items present, it was moved by Alderman Keighsn, seconded by Alderman Schisler that the Committee 6f the Whole arise without reporting to Council. READ AND ADOPTED, Mayor - 5 - COUNCIL MEETING Committee Rooms 2 & 3 November 5th, 1973. Council reconvened in open session following a Committee of the Whole meeting held Monday, November 5th, 1973. All Members of Council were present with the exception of Aldermen Puttick, Christensen, Hunt and Mann. His Worship Mayor George Bukator presided as Chairman. The meeting adjourned on the motion of Alderman Harrigan, seconded by Alderman Wallace. READ AND ADOPTED, Mayor '4 .i FORTY-NINTH MEETING Council Chambers, November 13, 1973. Council met on Tuesday, November 13, 1973, st 7:30 p.m. for the purpose of considering general business. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. Alderman Mann offered the Opening Prayer. ADOPTION OF MINUTES The minutes of the October 29th and November 5th, 1973, meetings were adopted as printed on the motion of Alderman Thomson, seconded by Alderman Smeaton. PRESENTATION Mr. Thomas Stevenson, Manager, Ontario Motor League, presented to Mayor Bukator an Honourable Mention Award, Pedestrian Program Appraisals. UNFINISHED BUSINESS REQUEST FOR REMOVAL OF 1' RESERVE - MRS.P.BRADy Report #443 - City Manager - Re: Request from Mrs. Patricis Brady, 2871 Freeman St., for a driveway entrance and removal of a one-foot reserve along Pettit Avenue. Report ~580 - City Solicitor -Con~nenting on the legal aspects of the request which, ~ if approved, would permit the parking of a large tractor trailer. Suggesting that inasmuch as the City controls the access to Lot 6 from Pettit Ave. by reason of its ownership of the 1' reserve and the former N.S.& T.right-of-way, a decision is required on whether Mr. Brady is to be permitted to cross these lands with his truck for the purpose of parking it on Lot 6. In view of the City Solicitor's opinion that the parking of the truck is contrary to the spirit of the by-law, the reports does not recommend permission be granted to cross either the one-foot reserve or the former N.S.& T. right-of-way; recommending that if Council decides that permission should not be granted, City staff be authorized to install short posts to prohibit unauthorized access. Not._._~e: Alderman Wallace declared a conflict of interest and retired from the Council Chambers. ORDERED on the motion of Alderman Mann, seconded by Alderman Walker that the solicitors for Mrs. Brady and Mr. M. Johnston, be granted permission to address Council. M~. J.B.Hopkins, acting for Mr. and Mrs. Brady and Mr. Wm. Slovak on behalf of the owner of Lot 51, outlined the position of their clients. Following cons iderable discussion, it was moved by Alderman Harrigan, seconded by Alderman Thomson that the report of the City Solicitor be received and filed and Mr. Brady not be permitted to cross either the 1-foot reserve or the former N.S. & T. right-of~ay for the purpose of parking a tractor trailer and, furthers that City staff be authorized to install short posts in order to prohibit unauthorized access. The motion Carried with the following vote: A_~: Aldermen Christensen, Fern, Harrigan, Keighan, Smeat6n, Walker, Thomson _NAYE: Aldermen Mann, gchisler, Puttick and Hunt. Alderman Wallace abstaining. REVISED SITE PLAN - D. D'ADDIO Report ~]B1 - City Manager - Commenting on the policy of the Building Department to require complete adherence to s site plan before recommending the issuance of s municipal licenee; advising that while written assuranceshave been received that outstanding items will be met in the near future, complete adherence to date has not been accomplished; advising the outstanding item of the site plan is the planting of trees and it is expected this matter will be taken care of within the next few weeks at which time the licence would normally be issued. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and filed and a municipal licenee be granted to Mr, D, D'Addio. The motion ~arried with Alderman Hell~iga~.' voting contrary and all others in fayour. DELL SUBDIVISION Report ~577 - City Manager - Re: Dell Subdivision. The report reconnends construction of a 16' wide granular roadway from Brian Crescent to Dorchester Read along the 20' footpath and existing road allowance north of the fire hall as a temporary access road until such time as the majority of houses have been constructed in the sub- division. advising that it is felt by Planning and Engineering staff that a permanent roadway is not required from Brian Crescent to Dorchester Road, - 2- 11 Subdivision (tout'd) Report # 582 - City Manager - Advising that a temporary roadway from Dorchester Road to the Dell Subdivision has been constructed at an estimated cost of $2,000., the subdivider's share being $750. and the City's share $1,250.; submitting two alternatives and suggesting the purchase of Lots 20 to 25 inclusive and resub- dividing of the lots after the road has been extended would be more desirable; advising that the estimated cost for construction of the road would increase to a total of $30,000. since it would be necessary to extend the watermain and sanitary sewermain to service the additional lots created; advising that no allowance has been made in the estimate for possible damages arising as a result of the change in the plan of subdivision; advising also that area residents including the owners of the new lots would have the right to object as well as other government bodies such as the Regional Municipality of Niagara; requesting the direction of Council. Report #583 - City Solicitor - Referring to the report of the City Manager and suggesting alterna tires: (a) acquiring only those lots over which the proposed extension would cross and (b) acquiring the lots over which the proposed extension would cross and certain additional lots which would permit a rearrangement of the lots. The report outlines the procedure to be followed if either alternative is approved by Council. ORDERED on the motion of Alderman Keighan, seconded by Alderman Christensen that the reports be received and tabled to provide staff an opportunity to prepare additional estimates of the full cost of constructing a permanent roadway. The motion Carried with the following vote: AYE: Aldermen Christensen, Fern, Harrigan, Keighan, Schisler, Walker, Mayor Bukatoz NAYE: Aldermen Hunt, Mann, Puttick, Smeaton, Thomson, Wallace. SANITARY LANDFILL SITE EQUIPMENT Report #352 - City Manager - Re: Tenders - Sanitary Landfill Compactor. Recommending acceptance of the tender by Crothers Ltd., Hamilton, Out., in the amount of $57,247 including provincial sales tax and trade-in value of the City- owned bullclam for purchase of a Caterpillar #816 landfill compactor. Report ~84 - City Manager - Re: Meeting with Mr.D.Susin regarding presentation to Council. Commenting on Mr.D.Susin's disagreement with a staff report which provided information on the front end loader (bullclam) at the sanitary landfill site and outlining the points discussed during a meeting with engineering staff and Mr.Susin; recommending the City Treasurer and City Engineer be authorized to transfer $60,000. to the account for the purchase of equipment; recommending also that the City call tenders for rental of a loader on the same basis as for dozers, such tenders to be v~lid until new tenders for all rentals are accepted by Council. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Harrigan, Smeaton, Patrick, Schisler, Walker, Thomson, Wallace. NAYE: Aldermen Fern, Mann, Keighan. DISTRIBUTION CENTRE Report #585 - City Manager - Re: AM-17/73 Distribution Centre. Advising the official plan amendment required for the Distribution Centre was circulated to a. number of agencies and the Regional Council adopted a report which limited the scope of the project; recommending (a) that Council approve an additional clause to the Official Plan as follows: "The City will ensure that ffire fighting facilities are available in such a manner that will not require prenmture expansion of water service through the construction of watermains." and (b) that Council authorize and direct City Staff to review the.designa~ion of · Resideetial opposite the proposed Distribution Centre. ORDERED on the motion of Alderman Mann~ seconded by Alderman Hunt that the report be received and adopted. NIAGARA SOUTH RECREATION COMPLEX Report ~550 - City Manager - Report on proposed Niagara South Recreation Complex. The report provides a 8lmmmry of events and includes eight recommendations. Report ~586 - Recreation Con=nission - Referring to Report #550 and recommendation number six which suggested that Council authorize the City Mansger~ in consulta- tion with the Niagara South Action Committee, to prepare a report with recommenda- tions for possible methods of operation for the new building; requcsting that the Recreation Commission be included in recommendation number six. - 3 - Niagara South Recreation Complex (Cont'd) ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the report be received and the request approved. COMMUNICATIONS No. 124 - Niagara Falls Badminton Club Ltd. - Re: Badminton exhibition between top Canadian players and representatives of the Soviet Union; requesting the loan of stands with blocks, parking lights and s $100. sponsorship grant. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the communication be received and filed and request approved. No. 125 - Regional Municipality of Niagara - Re: Storm Drainage Policy. Advising that the Regional Public Works and Utilities Committee prefer to meet with munici- .palities individually to discuss the policy; advising that the Committee meets every Thursday and requesting Council to indicate a date for the meeting. The City Clerk advised the Region has suggested the meeting be held Thursday, November 15, 1973, 11:00 a.m. at Regional headquarters. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the communication be received and filed, the suggested date for the meeting approved and as many members of Council as possible attend. No. 126 - Regional Municipality of Niagara - Re: Notice of Special Meeting, Thursday, November 15th, 2:00 p.m., Regional Headquarters for the purpose of discussing the proposal contained in the report on uniform charges for water and sewage services supplied by the Region to area municipalities. The City Engineer reviewed the staff report made available to members of Council at the November 5th meeting and commented on the possible effects of the proposed uniform charges in the City of Niagara Falls. Regional Councillors Scott, Mitchelson and Graaskamp were in attendance and expressed their view of the proposal. Councillor Mitchelson indicated the questions raised by the Niagara Falls representatives on Regional Council had been answered in a satis- factory manner. He also suggested the possibility of an adjustment in the 15% provincial subsidy on the cost of new works carried out over the next five years. Members of Council also voiced their opinions with some concern being expressed about possible conflict of priorities and delays in providing required services for potential industry; loss of control in developing certain areas within a municipality and the fact the Region's proposal is based on a 40-year amortization period. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the corfanunication be received and filed and as many members of Council as possible attend the November 15th meeting at which time the Regional report on uniform charges for water and sewage services will be decided. It was then moved by Alderman Puttick, seconded by Alderman Hunt that Council approve the Regional report regarding uniform charges for water and sewage services supplied by the Region to area municipalities. The motion Carried with the following vote: -. AY__EE: Aldermen Christensen, Hunt, Mann, Keighan, Patrick, Schisler, Walker.. BYE:Aldermen Thomson, Wallace, Fern, Harrigan, Smeaton. REPORTS No. 58 7 - Planning and Development Committee - Re: AM-44/73 Swain and Merrett, Lots 1 and 2, R.P. 39, north-east corner of Drummond Road and Perkins Street. An applica- tion for a change in zoning to permit the establishment of a used car sales lot; recommending approval of the application subject to a site plan agreement and, further, that Council certify by resolution that the application conforms to Official Plan ~nendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Treasury, Economics and Intergoveremental Affairs. Alderman Puttick declared a conflict of interest. Alderman Wallace declared his interest and retired from the Council Chambers. Mr. J.B.Hopkins, solicitor for the applicant and Mr. R. Hardwic~,an objector to the proposal were granted permission to address Council on the motion of Alderman Smeaton, seconded by Alderman Mann. -4- Report ~587 (Cont"d) Mr. Hardwicke outlined his objections to the application and suggested a used car lot would be an eyesore to a neighbourhood where Peninsula Volkswa~on, Ford Motor Sales and Glengate Collision have spent considerable money. He suggested the proposed temporary use of the property would not be operated. byh~he owners but will be leased out. Mr. Hopkins spoke about the merits of the proposal, pointing out that automobile dealerships and an auto body shop are presently located in the area and suggested the used car lot would complement these operations. He also pointed out that a site plan would regulate the function and appearance of the proposed use. ORDERED on the motion of Alderman Christensen, seconded by Alderman Keighan that the report of the Planning and Development Conmittee be received and adopted. Ald.Puttick and Wallace abstaining. gee Resolution No.151 No. 588 - Planning and Development Coamittee - Re: Lundy's Neighbourhood Plan. Advising the Committee is considering an overall neighbourhood plan for the lands bounded by Montrose Road, Q.E.W., south of Lundy's Lane, north of the Hydro right- of-way to establish future land uses and a road pattern; advising the proposed plan has been sent to residents of the area. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the report be received and filed. NOTE: Alderman Thomson retired from the Council Chambers. No. 589 - City Manager - Re: Proposed Plan of Subdivision, Rebco Investments Ltd. (Bell Crescent Extension). Recommending preliminary approval subject to six~ conditions enumerated in the reportj and Council certify, by resolution, that the applicntion conforms to Official Plan Amendment No. 30 o£ the Niagara Falls Planning Area. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolution No. 152 No. 590 - City Manager - Re: Ascot Woods Subdivision. Advising of a change in cost of services as specified in the original subdivider's agreement since certain services will not be installed until Stage II while certain additional services will be installed in Stage 1, namely, a retention pond to permit the discharge of storm water. It was moved by Alderman Puttick, seconded by Alderman Smeaton that the report be received and filed and Council not approve the alternate scheme for storm drainage as outlined in the report. The motion was Defeated with the following vote: AYE: Aldermen Mann, Puttick, Smeaton and Wallace. NAYE:Aldermen Christensen, Runt, Fera, Keighan,Marrigan,Schisler,Walker, ORDERED on the motion of Alderman Keighan, seconded by Aiderman Christensen that the report be received and approved. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fern, Keighan, Harrigan, Schisler, Walker. NAYE: Aldermen Mann, Puttick, Smeaton and Wallace. See By-law 73-260 No. 591 - City Manager - Re: Petrofina Canada Ltd.-Service Station at north-east corner of Thorold Stone Road and Dorchester Road. Advising that the site plan agreement granted .She City an option to purchase a strip of land 22 feet in depth for widening Thorold Stone Road, a strip 10 feet in depth for widening Dorchester Road and a daylighting triangle at the corner of the widened streets; the agree- ment provided that the City would assign the option to the Regional Municipality of Niagara; advising of a request received from Regional Niagara for an assignment of the option to purchase; recommending the passing of a by-law to authorize the execution of an assignment of the option. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the report be received and adopted. See By-law No.73-261 L Reports (tout'd) - 5- No. 592 - City Manager - Re: The Community Centrag Act. Recommending that the City Council, by by-law, designate the following locations as Community Centtea: Stamford Volunteer Firemen's Outdoor Pool, Niagara South Recreation Complex, Crowland Community Park, Oakes Park, E-E.Mitchelson Park, A.G.Bridge Park; M.F.Ker Park, W.L.Houck Park and Prince Charles Park. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See By-law No~ 73-263 No. 593 - City Manager - Re: 1973 Capital Budget and construction of a storm sewer from the hydro canal along an Ontario Hydro right-of-way to Stanley Ave. and then north on Stanley Ave. to Church's Lane; requesting authority to proceed with the construction of an 84" storm sewer by having the required by-law prepared in the amount of $730,000. and submitted to the O.M.B. for approval and the Region be requested to contribute on the basis of an 86' wide road allowance at an estimated cost of $150,000. It was moved by Alderman Keighan, seconded by Alderman Puttick that the report be received and tabled for consideration after the November 15th meeting of the Regional Council. The motion was Defeated with the following vote: AYE: Aldermen Christensen, Mann, Keighan~ Puttick, Schisler. NAYE Aldermen Hunt, Hsrrigan, Fera, Smeaton,Wa.lker;nWa.llace. ORDERED on the motion of Alderman Wallace, seconded by Alderman Walker that the report of the City Manager be received and adopted. The motion Carried with the following vote: AYE: Aldermen Wallace , Hunt, Fera, Marrigan, Smeaton, Schisler,Walker. NAYE: Aidemen Keighan, Christensen, Mann and Puttick. No. 594 - City b~nsger - Re: improvement of Existing Park Street Parking Lot between Cryslur Avenue and St.Clair Ave. Reconmending the necessary by-law be prepared to allow the debenturing of $80,000. for the improvement of the existing Park Street parking lot; recommending further that the necessary by-law be prepared to allow the debenturing of $70,000. for the acquisition of property, erection of market buildings and the improvement of a market parking area and, further, that the City Manager be authorized to take all necessary steps to finalize the details of the projects. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary and all others in favour. No. 595 - City Manager - Re: Proposed Parking Area North of Park Street near Erie Avenue. Recommending the City Manager be authorized to take all necessary steps to construct a free parking lot on the north side of Park Street near Erie Avenue at an estimated cost of $10,000. ORDERED on the motion of Alderman Fera, seconded by Alderman Smeaton that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary and all others in favour. ' No. 596 - City Manager - Re: Parking on North Street west of Portage Road. Recommend- ing (a) parking be prohibited at all times from the north side of North St. from Portage Rd. 450' westerly; (b) parking be limited to two hours between 8 a.m. and 6 p.m. daily on the north side of North Street from 450' west of Portage Road to ' Manan Avenue; (c) parking be prohibited at all times from the south side of North Street from Portage Road 200' westerly; (d) parking be limited to two hours between 8 a.m. and 6 p.m. daily on the south side of North St. from 200' west of Portage Rd. 300' westerly and (e) parking be prohibited at all times from the south side of North Street from Lowell Ave. 100' easterly and 100' westerly. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that the report be received and adopted. No. 597 - City Manager - Re: Main St. Parking Lot - Park Street Parking Lot between St~Ol~lr. and Ontario Ave. Recommending the City Manager be authorized to negotiate with property owners on Park St. between Ontario Ave. and St.Glair Ave. for the purpose of establishing a parking lot. ORDERED on the motion of Alderman Fera~ seconded by Alderman Runt that the report be received and adopted. - 6 - Reports (Cont'd) No. 598 - City Manager - Re: Street Lights on Morrison St. west of Dorchester Road, Recommending that Niagara Falls Hydro be authorized 'to proceed with the installa- tion of street lighting on Morrison Street from Dorchester Road westerly to the Optimist Club driveway with the estimated cost of $3,000. to be charged to the 1974 Street Lighting improvement Budget. ORDERED on the motion of lde n report be received and a~optg~a. Mann, seconded by Alderman Schisler. that the No. 599 - City Manager - Re: Parking on Market Street. Recommending the City Manager be authorized to take all necessary steps to improve the Market Street parking area at a cost of $20,O00.and to initiate negotiations for possible leasing of property in the general area. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 600 - City Manager - Re: Sidewalk on Front Street (former Village of Chippawa) Referring to an earlier report recommending the purchase of a triangular parcel of land at the north-easterly corner of Norton and Front Streets required to accommodate a concrete curb, gutter and sfdewaIk and the relocation of a sidewalk constructed on privately owned land; advising that in order to clear the titIe of the owner of the land on which the sidewalk had been constructued, a quit claim deed is to be given to the owner, Mrs. Helen Keighan; recommending that a by-law to authorize the purchase and the granting of the quit claim deed be approved by Council. Not___~e: Alderman Keighan declared his interest and retired from the Council Chambers. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Christensen that the report be received and adopted. The motion .Carried with Alderman Keighan abstaining. See By-law No. 73-262 No. 601 - City Clerk - Resolutions received from Ontario Municipalities.and others. 1. City of St. Catharines - Requesting an amendment to the regulations of The Liquor Liceace Act to allow the advertising of functions requiring Special Occasion Permits; recommending endorsation of the resolution. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Harrigan that the resolution from the City of St.Catharines be received and endorsed. The motion Carried with Alderman Wallace voting contrary and all others in favour. 2. City of Peterborough - Requesting an amendment to the regulations made under The General Welfare Assistance Act to permit additional allowances based on budgetar)' requirements; recommending endorsation. ~ ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the resolution from the City of Peterborough be received and endor sad. 3. City of Brantford - Requesting institution of supplementary assistance to raise the income 'of pensioners to a minimum of $200.00 per month. ORDERED on the motion of Alderman Hunt, seconded by Aldermen Schisler that the -resolution from the City of Brantford be received and endorsed. The motion ~arried with Alderman Wallace voting contrary and all others in fayour. 4. City of Guelph - Requesting the federal government to enact legislation to prohibit the importation of reptiles except for certain purposes; recommending the resolution not be endorsed in its present form and the City of Guelph be so notified. ORDERED on the motion of Alderman Walker, seconded by Alderman Christensen that the recommendation be adopted. Mr.Bud Germa,N.D.P., M.P.P. Sudbury -. Requesting the Province of Ontario to re-invest O.M.E.R.S. funds both in respect to the amount of interest and the ten of debentures; recommending the resolution be received and filed. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fare that the resolution be received and filed. - 7 - Report ~ 601 (Coat'd) 6. Borough of Scarborough _ Requesting an amendment to existing legislation relative to the Prohibition'or regulation of signs; recommending endorsation. ORDERED on the motion of Alderman Walker, seconded by Alderman Christensen that the resolution from the Borough of Scarborugh be received and endorsed. 7. City of Belleville _ Requesting an amendment to The Highway Traffic Act to reduce the current speed limit of 30 m.p.h. within a city, town, etc. to 25 m.p.h. recommending the resolution be referred to the Ontario Good Roads Association and the Ontario Traffic Conference for study and recommendation to the Ministry of Transportation and Communication, ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the recommendation be adopted. The motion Carried with Alderman Wallace voting contrary and all. others in favour. ' 8. City of Windsor - The report notes that while the wording of the resolution appears somewhat vague in that it does not define specifically what is meant by "environmental construction,,, the supporting information deals with the costs incurred in the construction of sewage disposa 1 plants; recommending the communication be received and filed. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that the communication from the City of Windsor be received and filed. Report ~602 - City Clerk - Submitting miscellaneous items for information purposes. advising that no further action is required unless Council wishes to take exception to the action recommended. The report includes letters of appreciation from retired employees; invitations to the Lundy's Lane Historical Society Annual Dinner and the Port Colborne Chamber of Commerce quarterly dinner meeting; information - regarding the construction of Montrose Road, Ontario Avenue Road and Storm Sewer construction and a communication from the National Retailers' Institute regarding store hours. The report recommends approval of the Lioness Club Broom Drive, Proclamation of Canada Music Week and Proclamation of Safe Driving Week. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report of the City Clerk be received and adopted. No. 603 - Lottery Licensing Officer - Advising of an application from the Hennepin Council of the Knights of Columbus of Niagara Falls for permission to donduct a series of bingo lotteries on Sunday evenings; submitting the comments of the City Solicitor respecting his interpretation of the Lord's Day Acts respecting Sunday Bingo; advising that an official of the Lotteries Branch has indicated that if a municipal Council issued a licence and the local police did not object his office would not interfere. A motion by Alderman Walker, seconded by Alderman Chrbtensen to receive and table the report pending information from the Police Commission was Defeated with the following vote: AYE: Aldermen Christensen, Mann, Harrigan, Walker, Wallace. NAYE:Aldermen Hunt, Fera, Keighan, puttick, Smeaton, Schisler. It was then moved by Alderman Hunt, seconded by Alderman Fera that the report be received and filed and the application be approved. The motion on the floor was amended on the motion of Alderman Puttick, seconded by AIderman Walker that the report of the Lottery Licensing Officer be recedved and filed and the Sunday Bingo Lotteries proposed by the Hennepin Council of the Knights of Columbus be approved subject to the written approval of Albert E. Shennan, Chief of Police. The motion, as amended, Carried with the following vote: -. ~YE: Aldermen Christensen, Fera, Mann, Harrigan, Ketghsn, Puttick, Walker. NAY__E:Aldermen Hunt, Smeaton, Schisler and Wallace. No. 604 - City Manager - Building Permits issued for the month of October 1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the report be received and filed. No. 605 - City Clerk - Recommending approval of Municipal Liceaces. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera that the report be received and adopted and liceaces granted. - 8 - Reports (Cont'd) No. 606 - City M~nager - Reconnnending payment of Municipal Accounts. Alderman Christensen noted expenditures for demolition of buildings and suggested such structures could be sold and moved by the purchaser, a procedure followed by the Ministry of Transportation and Communications and the St.Lawrence Seaway Authority. The suggestion was referred to the City Engineer for investigation. ORDERED on the motion of Aldernmn Hunt, seconded by Alderman Keighan that the report be received and adopted. RESOLUTIONS No. 151 - CHRISTENSEN - REIGHAN - RESOLVED that the Council of the Corporation of the City of Niagara Falls certify that the application of H. Swain and H. Merrett for the property known as Lots 1 and 2, R.P.39, situated on the no~th- east corner of Drummond Road and Perkins Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Treasury, Economics & Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Puttick and Alderman Wallace abstaining. No. 152 - MANN - HUNT - RESOLVED that the Council of the Corporation of the City of Niagara Falls certify that the application of Rebco Investments Ltd. for property located at the southerly limit of Bell Crescent west of Willoughby Drive, conforms to Official Plan Amendment No. 30 of the Niagara Falls Planning Area as amended and approved by the Minister of Treasury, Economics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 153 - WALLACE - SCHISLER - RESOLVED that the Corporation of the City of Niagara Falls petition for interim payment under the Public Transportation and Highway Improvement Act on expenditures made for ~ublic transportation during the year 1973; AND the Seal of the Corporation be hereto affixed. Carried Unanimously .BY-LAWS No. 73-257 - 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. (Klydel Holdings) ORDERED on the motion of Alderman Harrigsn, seconded by AIderman Smeaton that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. The motion Carried with Alderman Schisler voting contrary and all others in fayour. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. The motion ~.arried with Alderman Schislervottng contrary and all others in fayour. No. 73-258 - A By-law to authorize the execution of a site plan agreement with Henry A. Swain and Harry T. Merrett.(Storage and sale of new and used cars, east side of Drummond Road and north side of Perkins St.) ORDERED on the motion of Alderman Fs~a, seconded by Alderman Schisler that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Note: Aldermen Wallace and Puttick declared their interest and abstained from Voting. ~arried ORDERED on the motion of Alderman Fern, seconded by Alderman Hunt th~ the By-law be now given a second and third reading. Note: Aldermen Wallace and Putt~ck abstained. Carried By-laws (Cont'd) - 9 - No. 73-259 - 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.(Swain and Merrett)' ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. ~ote: Alderman Wallace declared his interest and abstained from voting. ~arried ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the By-law be now given a second and third reading. .Note: Alderman Wallace abstained. ~arried No. 73-260 - A By-law to authorize the execution of an amending agreement with N.P.H.B. Land Developments Limited. Note: Alderman Christensen retired from the Council Chambers. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keigban that Alderman Schisler be granted leave to introduce the By-law and the By-law be given a first reading. The motion Carried with the following vote: AYE: Aldermen Hun~, Fera,Keighan,Harri~an Schisler Walker. NAYE:Aldermen Smeaton, Wallace, Puttick and Mann. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the By-law be now given a second and third reading. The motion Carried with the following vote: ~YE: Aldermen Hunt, Fera, Keighan, Harrigan, Schisler, Walker. MAY___E:Aldermen Smeaton, Wallace, Puttick and Mann. No. 73-261 - A By-law to authorize the execution of an assignment of an option to purchase. (Petrofina Canada Ltd.,Thorold Stone Road) ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Alderman Wallace be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Wallace, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried UnanimOusly ~ote Alderman Christensen returned to the Council Chambers. No. 73-262 - A By-law to authorize the acquisition of land for highway purposes and the granting of a quit claim deed. (Mrs.H.Keighan, Front St.) ~ote: Alderman Keighan declared his interest and abstained from voting. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given a first reading. The motion Carried with Alderman Keighan abstaining. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the By-law be now given a second and third reading. The motion Carried with Alderman Keighan abstaining. " No. 73-263 - A By-law to establish additional Community Centrag for the City of Niagara Falls. ORDERED on the motion of Alderman Hunt, seconded by Aiderman Christensen that Alderman Fera be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously - 10 - By-law No.73-263 (Cont'd) ORDERED on the motion of Alderman Fera, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously ~o.73-264 - A By-law to amend By-law No. 3790, being s By-law for the regulation of traffic. (Sinnicks Ave.) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Aldernmn M~nn be granted leave to introduce the By-law and the By-law be given s first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Aldermsn Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-265 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Schisler, seconded by Alderman Keighan that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-266 - A By-law to amend By-law Number 3790, being a By-law for the regulation of traffic. (Angle Parking, Kent Ave.) ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimously NEW BUSINESS REZONING APPLICTION - V. JOHNS Alderman Puttick referred to the application of V. Johns for rezoning of property located st the corner of Stamford Street and Third Ave. to permit the construction of eight bachelor apartments. The Alderman presented a petition which, he said, had been submitted to the Committee but had not been considered as an objection to the proposal. Alderman Keigban, Chairman of the Planning and Development Committee, stated the petition received from Mr. Underhill was not in the nature of an objection. He had asked that consideration be given to certain items . Alderman Keighan confirmed that the questions raised by Mr. Underhill and others had been considered and dealt with during the meeting. NIAGARA PARKS COMMISSION Mayor Bukstor noted that the report on building permits issued for the month of October included $100,000. for renovations at Table Hock House. He suggested the Niagara Parks Commission be approached regarding the possibility of taxes being paid to the City for such concessions. It was then moved by Alderman Smeaton, seconded by Alderman Hunt that Alderman Thomson, the City's representative on the Niagara Parks Commission, together with other City representatives, approach the Commission regarding the possibility of obtaining full realty taxes on businesses operated by the Co~fiission. The motion Carried with Alderman Puttick voting contrary and all others in layout. ..... 11. - 11- New Business (Cont'd) CITY VEHICLES Alderman Puttick suggested that the Public Works Engineer consider the possibility of stopping the engines of City vehicles when parked in order to conserve gasoline. The City Engineer confirmed that directions had been issued to vehicle operators. SPECIAL COMMITTEE - WARD SYSTEM Alderman Wallace noted that the Committee established to study the ward system in the City of Niagara Falls have arranged for a public meeting at City Hall on Tuesday night. The public will be invited to submit written submissions or make verbal representations. ORDERED on the motion of Alderman Wallace, seconded by Alderman Fera that the public be notified by an advertisement in the Review of the pending meeting to discuss the ward system. The advertisements to appear in tbe newspaper on Saturday, November 17th and Monday, November 19, 1973. ADJOURNMENT The meeting adjourned on the motion of Alderman Walker, seconded by Alderman Schisler. READ AND ADOPTED, Mayor F__IFTIETH MEET_ING_ Council Chambers, November 19th, 1973. SPECIAL MEETING Following a Council Committee Meeting held Monday, November 19th, 1973, Council reconvened in formal Council session on the motion of Alderman Wallace, seconded by Alderman Thomson. His Worship Mayor George Bukator presided. All Members of Council were present with the exception of Alderman Walker and Alder- man Harrigan, the latter having retired from the meeting during the Council Committee session. The followinS Reports were_presented: No. 607 - Acting City Manager - Addition to Cascade recommending approval of the Site Plan, as approved Group. ORDERED on the motion of Alderman Thomson, seconded the Report be received and recommendation adopted. Inn, Murray Street, by the Site Plan Technical by Alderman Christensen that No. 608 - Acting City Manager - Addition to Maraldo Garage, McLeod & Garner Roads, recommending approval of the Site Plan, as approved by the Site Plan Technical Group. ORDER on the motion of Alderman Thomson, seconded by Alderman Christensen thai the Report be received and recommendation adopted. No. 609 - Acting City Manager - Development of Block "C", Reg. Plan N.S. 15, (Heritage Subdivision) for apartment building having a total of 62 dwelling units, recommending the approval of the Site Plan, as approved by the Site Plan Technical Group. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the Report be received and recommendation adopted. Moved by Alderman Wallace, seconded by Alderman Fera that the Council adopt and ratify the following action reached in Council Committee session. Report 610 - City Manager - List of tax appeals received under Section 636(a) of The Municipal Act for cancellation or reduction of 1973 taxes. During the Council Committee session, the City Clerk announced that notification was received from the ~ssessment Department that there were addi- tional revisions which were not ready in time to appear on the agenda. For this reason he felt the report should be tabled in order that the revisions could be completed. ORDERED on the motion of Alderman Keighan, seconded by Alderman Thomson, that the report be tabled for further discussion at a future meeting. PROJECT P.L.A.N. (People looking at activities in Niagara) ORDERED on the motion of Alderman Keighan, seconded by Alderman Mann that PROJECT P.L.A.N. be tabled for consideration at the next regular Council Meeting. .REGIONAL.DRAINAGE POLICY During the Council Committee session, the City Engineer reported on the suggested storm drainage policy of the Region. He indicated that copies of the brief on this matter submitted to the Regional Public Works and Utilities Committee were intended for Council's information only. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and filed. LIGHTING - SODOM ROAD INTERCHANGE During the Council Committee session, the City Engineer reported on the negotiations with the Ministry of Transportation and Communications regarding the lighting of the Sodom Road interchange. His report also included suggestions regarding the Lyonks Creek and Black Creek interchanges. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen, that a draft resolution be presented to Council at the next meeting incorporating the City gngineer's suggestions, i.e.:- t~at the Ministry of Transportation, and C°n~m-'nications reconsider its criteria for lightins the Sodom Road Interchange, -2 - the Lyons Creek Interchange, and the Black Creek Interchange, with a view to having sufficient lighting erected at the aforementioned interchanges, ~ncluding the ramps to and from the Queen Elizabeth Way. that a draft Resolution be presented i t t e Regional Municipality of Niagara to con~nent on the desirability of providing light. ing at the Sodom Road, Lyons Creek Road and Black Creek Road Interchanges with the Queen Elizabeth Way, with a view to providing proper illumination on the overpass, its approaches and the ramps to and from the Queen Elizabeth Way, and the cost sharing for these improvements. OBJECTIONS RECEIVED - BY-LAW 73-231 -RELATING TO THE EXTERNAL DESIGN OF BUILDINGS IN THE G-1 DISTRICT - FALLS INDUSTRIAL PARK During the Council Committee session the City Clerk outlined objections received with respect to the use of certain building materials on the front of buildings in the G-1 - Falls Industrial Park Ares. The City Clerk had stated it was his opinion that the By-law should be amended to permit the use of profile- type concrete masonry units on all buildings in the G-l, P-1 and L-1 Zones of the Falls Industrial Park. ORDERED on the motion of Alderman Hunt, seconded by Aldermen Schisler that the By-law be amended as reco~nended by the City Clerk. -?. -3- Council Chambers November 19th, 1973. Council reconvened in open session following a Committee of the Whole meeting held Monday, November 19th, 1973. All Members of Council were present with the exception of Aldermen Walker and Harrigan. His Worship Mayor George Bukator presided. The meeting adjourned on the motion of Alderman Smeaton, seconded by Alderman Christensen. READ AND ADOPTED, Clerk · I~ Mayor Comm. 127 - GREATER NIAGARA TRANSIT COMMISSION -CHARTER TRANSPORTATION - UNITED STATES The letter from the Greater Niagara Transit Commission was received at the Council Committee session, requesting an amendment to the Greater Niagara Transit Commission Act, as amended, to permit the Commission to conduct charters in the United States. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the request of the Greater Niagara Transit Commission be granted, and the necessary steps be taken to have the Act amended to permit charter transportation in the United States. Report 611 - City Manager - Reporting on the draining of the Centennial Pool and protection by straw~ snow fencing, and evergreen trees. The Report was presented at the Council C.ommittee session~ and the City Engineer recommended that it be received and filed. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the Report be received and filed. The special meeting ad]ourned to of the Who~e on the marion of Alder- man Mann, seconded by Alderman S~ READ AND ADOPTED, Mayor Committee Room 1, November 19th, 1973. Council met in Committee of the Whole following a special meeting held Monday, November 19th, 1973. All Members of Council were present with the exceP' tion of Aldermen Walker end Nerrigen. Following consideration .o#' 'xssented, it was moved by Alderman Puttick, seconded by Alderman ~" 'ommittee of the Whole arise with' out reportin~ to Council. READ AND ADOPTED, FIFTY-FIRST ~IEET.ING Council Chambers, November 26, 1973. REGULAR MEETING Council met on Monday, November 26, 1973, for the purpose of considering general business. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. Alderman Fera offered the Opening Prayer. ADOPTION OF MINUTES The minutes of the November 13th and November 19th, 1973, meetings were adopted as printed on the motion of Alderman Mann, seconded by Alderman Thomson. UNFINISHED BUSINESS SPECIAL CHARGES BY-LAW 7611 Report ~560 - City Manager - Re: Special Charges By-law No. 7611, 1968. Referring to impost charges to persons making application for building permits for the purpose of providing funds for additional sanitary or storm sewer or water supply capacity; recommending the City Solicitor be authorized to prepare a by-law providing for the elimination of impost fees relating to new or additions to industrial buildings and to provide that the special charges apply to other classes of buildings within the present boundaries of the City. Report ~612 - City Solicitor - Referring to a by-law appearing later on the agenda which provides for imposing special charges on residential buildings, commercial buildings and combined residential and commercial buildings. The by-law if spproved and given two readings, will require the approval of the Ontario Municipal Board before being finally passed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and filed and the by-law be given the required two readings. See By-law No.73-267 PROJECT P.L.A.N. Report ~563 - Recreation Connnission - Re: Project P.L.A.N.(People Looking at Activities in Niagara Falls). The report was tabled at the November 19th meeting. Report #613 - Recreation Commission - Suggesting discussion of the report be held in abeyance until a "report back session" involving all organizations involved takes place. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and the suggestion approved. SUNDAY BINGO GAMES Report ~603 - Lottery Licensing Officer - Advising of an application from the Knights of Columbus for permission to conduct a series of bingo lotteries on Sunday evenings; submitting the comments of the City Solicitor and his interpretation of the Lord's Day Act. On November 13th, Council approved the application subject to a letter being received from the Chief of the Regional Police indicating he had no objections to the proposal. Report ~614 - Lottery Licensing Officer - Submitting a letter fromAlbert E.Shennan, Chief of Police advising he cannot give permission to hold Sunday bingo games and can give no undertaking that no setion would be taken by police if complaints were received at which time provincial and federal statufi=awould be enforced. Alderman Thomson noted that apparently bingo games are held on Sunday in other parts of the Region but because there have been no complaints no action has been taken by the Police Department. The Alderman suggested the statutes should be enforced and Sunday bingo operations stopped. Alderman Keighan said although the Lord's Day Act is not being adhered to, approval of the application would only add another violation to those that already exist. It was then moved by Alderman Mann, seconded by Alderman Walker that the reports of the Lottery Licensing Officer be received and filed and the application from the KniShta of Columbus for permiss ion to conduct Sunday bingo lotteries be denied. The motion Carried unanimously. Alderman Walker suggested the reports and the comments. of members of Council be forwarded to the Regional Police Commission. - 2- Unfinished Business (Cont'd) MAIN AND FERRY BUSINESS IMPROVEMENT AREA Report #502 - City Manager - Recommending approval of a by-law to establish a Board of Management for the Main and Ferry Business Improvement Ares and the Main and Ferry Business Association be requested to make recommendations respect- ing the appointment of members. Report #615 - City Manager - Advising that the Main and Ferry Business Assoc. has recommended the appointment of B.D.Fear, D. Hinchcliffe,A.P.Marshall,George Muller and R. Saks to the Board of Management; recommending the nominees be approved and two members of Council be appointed to act as members of the Board of Management. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fem that the report be received, the nominees recommended by the Main and Ferry Business Association be approved and Mayor Bukator appoint two members of Council to the Board of Management ~r the Main and Ferry Business Improvement Area. COMMUNICATIONS No. 128 - Young Women's Christisn Association - Suggesting a member of Council accept membership on the Board of Directors as of January 1974. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the cor~nunication be received and filed and His Worship Mayor Bukator appoint a member of Council to serve on the Board of Directors of the Y.W.C.A. No. 129 - Niagara Falls Housing Authority - Objecting to a proposed by-law to prohibit parking on both sides of Sinnicks Street from Thorold Stone Road to St.Johns Street. Report ~616 - City Manager - Advising that Ontario Housing Corporation agreed to a site plan which provided for twenty-nine parking spaces for the tenants of O.H.C. family units located on Sinnicks Ave.; suggesting the problem appears to be that tenants are parking on the street rather than the parking lot and conunenting on the hazards created for children; suggesting the Housing Authority be notified of the reasons leading to the implementation of the parking prohibi- tion and they be asked to cooperate by making sure that full use is made of the available off-street parking. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera that the communication be received and filed and the report of the City Msnager be received and adopted and the Niagara Falls Housing Authority be informed of the reasons for the parking prohibition on Sinnicks Avenue. REPORTS No. 617 - City Manager - Re: Rotary Mowers. Referring to an earlier report which recommended the purchase of five Commercial 25" 5 HP Rotary Mowers from Niagara Lawn Mower, Niagars-on-the-Lske and advising that the firm is unable to supply the items as specified in the quotation documents; recommending acceptance of the next low quotation in the amount of $2,585.45 submitted by Joe Datema & Son. ORDERED on ~he motion of Alderman Hunt, seconded by Alderman Christensen[:~hat the report be received and adopted. See Resolution No.154 No. 618 - City Manager - Re: W-5-1 Watercourse and Monastery of Mount Camel. Referring to an earlier settlement with Mount Camel in connection with the purchase of land required for the W-5-1 watercourse project and the agreement to resell to Mount Carmel a small parcel of land ironring on the west side of Montrose Road; advising that the solicitors for the Monastery have now provided the City with a reference plan and notification has been received that Mount Camel now wishes to complete the purchase of the surplus parcel. At the rate 'of $2,800.00 per acre, the price paid by .the City, the purchase p~ice for the small parcel amounts to $64.40; recommending approval of a by-law to authorize the sale and conveyance of the laud. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera that the report be received and adopted and the by-law be passed by Council. See By-law No.73-272 - 3- Reports (Cont'd) No. 619 - City Manager - Re: Placement of Built-Up Roof for new building st Ker Park. Recommending acceptance of the quoted price of $1,584.50 submitted by G. Parent Roofing. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and adopted. See Resolution No.155 No. 620 - City Manager - Re: Pre-cast Concrete Covering for Metal Building MezZanine at Service Centre. Recommending acceptance of the quotation submitted by Pre-Con Company, Brampton, in the amount of $4,940.00. ORDERED on the motion of Alderman Walker, seconded by Alderman Christensen that the report be received and adopted. See Resolution No.156 No. 621 - City Manager - Re: Parking on Ash Street at Drnmmond Rd. Reconmaending parking be prohibited at all times from the south side of Ash St. from Drummond Rd. 4801 westerly and parking be prohibited at all times from the north side of Ash St. from Drummond Rd. 290' westerly. ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that the report be received and adopted. No. 622 - City Manager - Re: Purchase of New Equipment. Reconmending acceptance of the following tenders: 1)10,000 lb.G.V.W.truck(1 unit),Autoland Crysler, $5,537.25; 2)25,500 lb.G.V.W.Dump Truck W/Plow Harness(3 units),Archer Truck Service,S27,713.00; 3)27,500 lb.G.V.W.Dump Truck W/One-Way Plows and Wing Plows (2 units),Archer Truck Service,S28,355.00; 4)27,500 lb.G.V.W.Stake Dump Truck W/Plow Harness and 20,000 lb.winch (1 unit),Autoland Chrysler,S12,856.05; 5) 4-1/2 cu.yd."V" Box Sander (1 unit),Hanover Truck Bodies, $3,638.70; 6) 4 cn.yd. Street Sweeper (1 unit),S.M.I.Industries Ltd,, $18,985.00. ORDERED on the motion of Alderman Wallace, seconded by Alderman Fers that the report be received and adopted. See Resolution No.157 No.623 - City Manager - Re: South End Recreation Complex and Lots 544 and 545 Wainbrenner Road; recommending acceptance of the price submitted by L & N Con- struction in the amount of $22,905. for the construction of sanitary sewers and watermains at the subject locations. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.158 No.624 - City Manager - Noting that Penn Central has made no effort to remove railway ties and tracks on the line located south of the river in the former Village of Chippawa; advising that the Division Superintendent of Penn Central has indicated that becuase of legal entanglements caused by bankruptcy, the company cannot at this time remove any trackage; tha abandoned track remains an eyesore snd could impede development of abutting properties; recommending City Council authorize a request to the Railway Transport Con~nittee of the Canadian Transport Commission for an Order directing Penn Central to (a) remove the abandoned trackage, together with ties or, if such action is not possible, to (b) grant whatever permission is necessary to permit the municipality, at its discretion, to remove the ties and tracks and recover expenses through the sale of the salvaged material. There was considerable discussion regarding the condition of the area, responsibility for road reconstruction after the tracks are removed and the difficulties encountered by s developer in trying to obtain access to property situated between Main and Welland Streets. It was indicated by staff members that the main objective is to clean up the area and it was suggested advisable to seek the assistance of the Railway Transport Committee in attempting to have Penn Central remove the ties and tracks. The City Clerk provided information regarding offers to remove both the ties and tracks for the scrap value of the materials recovered at no cost to the City if Penn Central trustees are authorized to approve such a procedure. It was moved by Alderman Christensen, seconded by Alderman Hunt that the report of the City Manager be received and adopted. The motion was amended on the motion of Alderman Walker, seconded by Alderman Keighsn, that the report be received and staff be authorized to proceed with alternative (a), that is, Council authorize a request to the Railway Trans- port Committee of the Canadian Transport Commission for an Order directing Penn Central to remove the abandoned trackage and ties. The motion, as amcndcd Carried with Alderman Wallace voting contrary and all others in favour. -4- Reports (Cont'd) No. 625 - City Manager - Re: Rental of former Walnut Street Fire Hall. Reconnnending the Municipality renew the lease with the Niagara Falls Music Society Inc. for a two-year period at a sun of $500.00 per year. In view of the use of the bullding by yonng people during the summer months, Alderman Puttick suggested consideration be given to increasing the rent to perhaps $1,200. or $1,400. and installing window-type air conditioners. It was then moved by Alderman Thomson, seconded by Alderman Mann that the report be received and adopted. The motion Carried unanimously. No. 626 - Planning and Development Committee - Re: AM-43/73 Harriman Lunber Co. Ltd., Plan 4, Lots 13,14,15; Plan 28, Lots 19,20; south side of Simcoe St. between St.Clair and Crysler Avenue. The rezoning will permit the con- struction of a seven-storey apartment building containing 61 units; reconunending approval of the application subject to a site plan agreement and, further, that Council certify by resolution that the application conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the report be received and adopted. See Resolution No.159 and By-laws 73-274 and 73-275 No. 627 - City Clerk - Advisory Report. The report includes a letter of appreciation from the Optimist Club and the comments of Mr. Donald W. Drake regarding a parking meter violation. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the report be received and filed..-~. 'No. 628 - City Clerk - Recommending approval of Municipal Licences. In reply to questions by Alderman Puttick, the City Clerk stated there had been no complaints recently regarding the parking of commercial vehicles at Niagara Lunch Catering Services, 5397 Foraythe St. The Alderman reported unsightly garbage containers and litter and suggested the company should use proper receptacles. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that the report be received and adopted and liceaces granted. No. 629 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the . report be received and adopted. RESOLUTIONS No. 154 - HUNT - CHRISTENSEN - RESOLVED that the quotation i~ the amount of $2,585.45 submitted by Joe Datema & Son for the supply of five Conmnercial 25" 5 tip Rotary Mowers be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 155 - THOMSON - SMEATON - RESOLVED that the quoted $1,584.50 submitted by G.Parent Roofing for asphalt priming of the pre-cast decking, taping Joints of roof deck with felt, installation of 4 ply felt, asphalt end gravel build- up at the new building at Ker Park, be accepted; AND the Seal of the Corpora- tion be her~to affixed. Carried Unanimously No. 156 - WAI~.ER - CHRISTENSEN - RESOLVED that quoted amount of $4,940.00 submitted by Pre-Con Company, Brampton, Ontario, for the supply and installation of pre-case concrete floor slabs for the metal building mezzanine at the Municipal Service Centre, be accepted; AND the Seal of the Corporation be he~eto affixed. · Carried Unanimously No. 157 - WALLACE - FEBA - RESOLVED that the following tenders for the purchase of new equipment be accepted: 1) 10,000 lb. G.V.W. truck (1 unit) - Autoland Crysler - $5,537.25 2) 25,500 lb. G.V.W.Dump Truck W/Plow Harness (3 units) - Archer Truck Service, St.Catharines - $27,713.00 3) 27,500 lb. G.V.W.Dump Truck W/One-Way Plows & Wing Plows (2 units) - Archer Truck Service - $28,355.00 - 5 - Resolution No. 157 (Cont'd) 4) 27,500 lb. G.V.W. Stake Dump Truck W/Plow Harness and 20,000 lb. winch (1 unit) Autoland Crysler, Niagara Falls - $12,856.05 5) 4-1/2 cu.yd."V" Box Sander (1 unit) Hanover Truck Bodies,Hanover,Ont. - $3,638.70 6) 4 cu.yd.Street Sweeper (1 unit) - S.M.I.Industries Ltd.,Mississauga - $18,985.00 AND the Seal of the Corporation be hereto affixed. Carried UnanimouslZ No. 158 - CHRISTENSEN - HUNT - RESOLVED that the quoted price of $22,905.00 sub- mitted by L & N Construction for the installation of sanitary sewers and water- mains at the South End Recreation Complex and on Lots 544 and 545 Wainbrenner Road, be accepted; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslZ No. 159 - PUTTICK - WALKER - RESOLVED that the Council of the Corporation of the City of Niagara Falls certify that the application of Harriman Lumber Co. Ltd. for the rezoning of property described as Plan 4, Lots 13, 14, 15 and Plan 28, Lots 19,20 and located on the south side of Simcoe Street between St. Clair Ave. and Crysler Ave., conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Treasury, Economics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslx No. 160 - SCHISLER - THOMSON - RESOLVED that the Regional Municipality of Niagara be requested to conment on the desirability of providing lighting at the Sodom Road, Lyons Creek Road and Black Creek Road Interchanges with the Queen Elizabeth Way, with a view to providing proper illumination on the overpass, its approaches and the ramps to and from the Queen Elizabeth Way, and the cost sharing for these improvements; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslx No. 161 - HUNT - CHRISTENSEN - RESOLVED that the Ministry of Transportation and Communications be requested-to reconsider its criteria for lighting the Sodom Road Interchange, the Lyons Creek Interchange and the Black Creek Interchange, with a view to having sufficient lighting erected at the aforemented interchanges, including the ramps to and from the Queen Elizabeth Way; AND the Seal of the Corporation be hereto affixed. Carried UnanimousiX No. 162 - HUNT - FERA - RESOLVED that pursuant to The Public Transportation and Highway Improvement Act, the Council of the City of Niagara Falls hereby petitions for interim payment for public transportation and highway improvement expenditures during the year 1973 in the total amount of $1,617,758.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslx No. 163 - THOMSON - MANN - RESOLVED that a message of condolence be forwarded to the family of the late Albert Benson, a respected resident of the City for many years; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslx BY-LAWS No. 73-267 - A By-law to impose special charges on certain classes of buildings with respect to sewer and water systems. (TWO READINGS ONLY) ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that Alderman Keighan be granted leave to introduce the By-law .and the By-law be given a first reading. Carried Unanimously - 6 - By-law No.73-267 (Cont'd) ORDERED on the motion of Alderman Keighan, seconded by Alderman Harrigan that the By-law be now given a second reading. Carried Unanimously No. 73-268 - A By-law to authorize the construction of a storm sewer as an extension to the sewage system in the Urban Service Areas of the City. (TWO READINGS ONLY) ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that Alderman Fern be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Aldernmn Fera, seconded by Alderman Christensen that the By-law be now given a second reading. Carried Unanimously No. 73-269 - A By-law to authorize the construction of improvements and extensions to the sewage system in the Urban Service Areas of the City. (TWO READINGS ONLY) ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second reading. Carried Unanimously No. 73-270 - A By-law to authorize an agreement with Giuseppe Bon~icino and Oiustina Bombicino respecting parking facilities ................ ORDERED on themotion of Alderman Smeaton, seconded by Alderman Hunt that Alderman Thomson be granted leave to intrnduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the By-law be now given a second and third reading. The motion Carried with Alderman Fera voting contrary and all others in favour. No. 73-271 - A By-law to amend By-law No. 3790, being a by-law for the regula- tion of traffic. (Parking - North St.-Portage Rd.; North StyLowell Ave.~ North St. - Manna Ave.) ORDERED on the motion of Alderman Wallace, seconded by Alderman Marrigan that Alderman Schisler be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously . No. 73-212 - A By-law to authorize the sale of land to The Monastery of Mount Camel.. ORDERED on the motion of Alderman Schisler, seconded by Alderman KeiShsn that Alderman Thomson be granted leave to introduce the By-law and the By-law be given.a fibrat reading..~ "' · ',~ ,"" , .. Carried Unanimously 0~ERED on the motion of Alderman Thomson, seconded by Alderman Fern that the By-law be now given a second end third reading. Carried Unanimously - 7- By-laws (Cont'd) No. 73-273 - A By-law to amend By-law No. 73-217 respecting a building which encroaches on McMicking Street, (Brzozowski) ORDERED on the motion of Alderman Harrigan, seconded by Alderman Mann that Alderman Thomson be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimous lZ ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried UnanimousiX No. 73-274 - A By-law to authorize the execution of a site plan agreement with HarrYman Lumber Company Limited. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimouslz ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that the By-law be now given a second and third reading. Carried UnanimouslZ No. 73-275 - A By-law to amend By-law No. 5335, 1955, as amended. (Harriman Lumber) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried UnanimousiX ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried UnanimouslX No. 73-276 - A By-law to provide monies for general purposes. ORDERED on the motion of Aiderman Mann, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be now given a first reading. Carried Unani m ouslZ ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously NEW BUS INESS OAKES DRIVE Alderman Keighan commented on the inconvenience caused by the closing of Oakes Drive to southbound traffic due to road failure and expressed concern that the situation remained the same in spite of the establishment of committees to study the matter. The City Engineer stated that City officials have been pressing for action. According to a report prepared for the Niagara Parks Commission by Richard Strong Associates, Oaken Drive (now Portage Road) was to be ultimately closed but the Technica 1 Advisory Committee No. 4 was of the opinion the road should remain open. The committee had met recently for the purpose of determining the cost-sharing of storm drainage and the possibility of the roadway being turned over 'to the City or the Region because of subsidies available. Mr. Rodman '~sid it was his understanding the committee had agreed the road should remain open and had also agreed to ask the Region to determine if Oakes Drive meets the criteria for regional roads. Once agreement has been reached regarding a possible transfer of responsibility for the roadway, the Niagara Parks Con~nission could then make a decision on their contribution toward costs. Design drawings coula be prepared during this winter and tenders for the work called in the spriug of 1974. - 8- 0ekes Drive (Cont'd) Alderman Thomson, the City's representative on the Niagara Parks Commission, said no additional reports had been presented to the Commission since the initial meeting of a special committee. ORDERED on the motion of Aldernmn Keighan, seconded by Alderman Thomson that a resolution be prepared expressing the concern of the City Council relative to the delays being encountered in proceeding with remedial work required on Oakes Drive (Portage Road) and copies of a resolution, when approved, be sub- mitted to the Niagara Parks Commission, Penn Central Railway, Ministry of Transportation and Communications and Regional authorities. GEARED TO INCOME HOUSING Alderman Thomson referred to problems encountered by the present method of calling tenders for geared-to-income housing or multi-family units whereby private developers must assemble or option property and prepare a design acceptable to both the Ontario Housing Corporation and City Council. Alderman Thomson noted that large residential areas are being planned and suggested consideration could be given to a policy whereby the inclusion of a certain percentage of geared-to-income housing within such developments would be encouraged. The Alderman requested a complete report regarding the matter and the procedure followed by other municipalities. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, Clerk ~ ~ Mayor CO~IITTEE OF THE WHOLE Committee Room ~1, November 26, 1973. Council met in Committee of the Whole following a regular meeting held Monday, November 26, 1973. All Members of Council were present. His Worship Mayor Bukator presided as Chairman. Following consideration of the items presented it was moved by Alderman Mann, seconded by Alderman Christensen that the meeting adjourn without reporting to open Council. READ AND ADOPTED, Mayor - 9- COUNCIL MEETING Conmittee Room ~1~ November 26, 1973. Council reconvened in open session following a Committee of the Whole meeting held Monday, November 26, 1973. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. The meeting adjourned on the motion of Alderman Thomson, seconded by Alderman Keighsn. READ AND ADOPTED, Mayor FIFTY-SECOND MEETING SPECIAL MEETING Conunittee Rooms 2 & 3 December 3, 1973. Following s Council Committee meeting held Monday, December 3, 1973, Council reconvened in formal Council session on the motion of Alderman ThOmson, seconded by Alderman Walker. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present. ~EPORTS No.631 - City blanager - Re: Bill 239 - An Act to amend the Regional Municipality of Niagara Act. Advising that the Bill, when passed, will provide that no Committee of Adjustment established by an area municipality will have the authority to grant consents and all such powers shall be exercised by the land division committee established by the Regional Council; enumerating advantages which might be lost if Bill 239 is passed; recommending that the Province of Ontario be asked to revise Section 3 of Bill 239 making it applicable only to thosemunicipalities who do not have an official plan in force as of December 31, 1973 and, further, that the Regional Municipality and all area municipalities within the Region be asked to endorse the request. ORDERED on the motion of Alderman Wallace, seconded by Alderman Fera that the report be received and adopted. No. 632 - City Manager - Re: Rental of Snow Removal Equipment. Recommending that the tender submitted by D.L.Stephens Contracting, St.Catharines for the renting of two graders at $19.70 per hour and the tender received from J. McMillsn, Campden, for the rental of one grader at $21.00 per hour be accepted; recommending further that Council accept the tender received from Norjohn Contracting Ltd. for the renting of one 2.5 cu.yd. loader at $35.00 per hour and the tender submitted by Willinger Systems Inc. for one 1-3 cu.yd.loader at $32.00 per hour and for one 1-4 cu.yd. loader at $34.00 per hour, be accepted. ORDERED on the motion of Alderman Wallace, seconded by Alderman Fera that the report be received and adopted. The motion ~arried with Alderman Thomson voting contrary and all others in favour. Note: gee Page 3 for amendments to minutes. See Resolution No. 166 RESOLUTIONS No. 164 - CHRISTENSEN - WALKER - RESOLVED that WHEREAS the residents of the City of Niagara Falls have been subjected to prolonged inconvenience as a result of the collapse of a portion of Portage Road between Oakes Drive and McLeod Road; AND WHEREAS the re-routing of traffic has created severe congestion adjacent to the intersection of McLeod Road and Stanley Avenue; AND WHEREAS the re-routing of traffic required because of the road collapse has created a situation in which emergency vehicles are forced to use a roadway often blocked by railway trains; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls express serious concern regsrding the prolonged delay that has been encountered in the implementation of remedial work on Portage Road; and BE IT FURTHER RESOLVED that the Niagara Parks Cormaission, together with repre- sentatives of the Regional Municipality of Niagara be asked to finalize a decision with respect to repair works on Portage Road as quickly as possible and that the City of Niagara Falls will cooperate, in the reconstruction of this roadway and copies of this request be forwarded to the Regional Municipality of Niagara and the Niagara Parks Commission; AND the Seal of the Corporation be hereto affixed. Carried Unanimous_~ No. 165 - HEIGEAN - FERA - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Basil Cocctmillo, a respected resident of the Munici- pality; AND the Seal of the Corporation be hereto affixed. Carried Unsnimously - 2- Resolutions (Cont'd) No. 166 - WALLACE - FERA - RESOLVED that the tender submitted by D.L.Stephens Contracting, St. Catharines, for the rental of two graders @ $19.70 per hour be accepted and the tender received from J. McMillan, Campden, for the rental of one grader at $21.00 per hour be accepted and, further, that the tender received from Nor John Contracting Ltd. for the rental of one 2.5 cu.yd.loader at $35.00 per hour and the tender submitted by Willinger Systems,inc.,Niagara Falls, for 1-3 cu. yd. loader at $32.00 per hour and for one 1-4 cu. yd. loeder at $34.00 per hour be accepted; AND the Seal of the Corporation be hereto affixed. Carried BY-LAWS No. 73-277 - A By-law to authorize the acquisition and improvement of lands for the parking of vehicles. (Block BB, Registered Plan 35 bounded on the north hy Park St., on the east by St.Clair Ave. and on the west by Crysler Ave.) (TWO READINGS ONLY) ORDERED on the motion of AIderman Hunt, seconded by Alderman Christensen that Alderman Wallace be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of AIderman Wallace, seconded by Alderman Christensen that the By-law be now given a second and third reading. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fera, Mann, Harrigan, Smeaton, Schisler, Walker, Thomson, Wallace. NAYE: Aldermen Keighan and Puttick. No. 73-278 - A By-law to authorize the acquisition of land and construction of improvements for a municipal market. (Part of Block BB, Registered Plan 35 on the south side of Park Street and west side of St. Clair Avenue).(TWO READINGS ONLY) ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Harrigan that the By-law be now given a second reading. ~ Carried Unanimously NEW BUSINESS FRANKLIN J. MILLER PARK The City Clerk referred to a previous suggestion that the City recognize former Mayor Franklin J. Miller and advised that membersoof staff have been working toward the designation of a park in his honour. He noted that a "neighbourhood plan" proposed for the area south of McLeod Road and west of Dorchester Road will include a 7.86 ac. park area and suggested the park be named "Franklin J. Miller Park". ORDERED on the motion of Alderman Harrigan, seconded by Alderman Hunt that Council approve the official designation of the Franklin J. Miller Park within the neighboUrhood plan proposed for the area south of McLeod Road, west of Dorchester Road and, further, that announcement of the naming of th~ park be made at the F.J .Miller Recognition Night to be held Friday, December 7th.- MEETING WITH B.I.G.COb~qITTEE Alderman Mann referred to a notice of a meeting with the Business and Industrial Committee and suggested members of Council had not been given sufficient notice of the meeting. -3 - Meeting with B.I.G.Committee (Cont'd) It was moved by Alderman Mann, seconded by Alderman Harrigan that the joint meeting of City Council and members of the Business and Industrial Growth Committee to discuss the recent industry-seeking trip to Germany be held Monday, December 10, 1973, at 6:30 p.m. prior to the regular Council meeting. The motion was Defeated with the following vote: AYE: Aldermen Mann,Harrigan,Puttick,Schisler,Walker and Wallace. NAYE:Aldermen Smeaton,Fera,Keighan,Thomson,Christensen,Hunt and Mayor Bukator. Alderman Puttick indicated he was not in favour of meeting with the B.I.G.Committee in places other than City Hall where facilities are available. He also suggested that any preamble be omitted from the report of the German trip. Such information as the number of industries interested in locating in Niagara Falls and taxes that will be realized, he said, is all that is necessary. Alderman Puttick asked that a written confidential report be provided for those members of Council who are unable to attend the meeting with the B.I.G.Committee. NEW COMPACTOR - SANITARY 1ANDFILL SITE Alderman Christensen said he had noticed repairs being made to the new compactor at the sanitary landfill site and enquired if the City is compelled to pay the hourly charge for repairs to new equipment. The Works Engineer advised that certain parts such as mirrors and windshield wipers, missing when the compactor was delivered, are being installed. He assured Alderman Christensen therewould be no charge to the City. RETENTION POND Alderman Smeaton questioned the outcome of a meeting between the City Engineer and residents of Garner Road regarding a proposed holding pond to permit the discharge of storm water. The City Engineer indicated more information from the property owners is desirable before bringing a report to Council. ADJOURNMENT The meeting adjourned at 9:30 p.m. on the motion of Alderman Schisler, seconded by Alderman Walker. READ ANDADOPTED, Mayor At the December lOth meeting of Council, Alderman Keighan requested the minutes of the Dec.3rd meeting be amended and that he be recorded as voting contrary to the adoption of the City Manager's report regarding tenders for the rental of snow removal equipment. The Alderman also requested the minutes be amended to include a motion made during the Council Committee session as follows: It was moved by AId.Wallace,seconded by Ald.Keighan that City Staff consult with neighbouring municipalities and various local contractors who rent snow removal equipment to obtain an opinion concerning the type of tender which should be used by the City and report to Council at the first opportunity. The motion Carried unanimously. FIFTY_____/THIRD MEETING Council Chambers, December 10, 1973. REGULAR ~ETING Council met on Monday, December 10, 1973, for the purpose of considering general business. All Members of Council were present. His Worship Mayor George B~kator presided as Chairman. Alderman Hunt offered the Opening Prayer. ADOPTION OF MINUTES Alderman Keighan requested the minutes of the December 3rd meeting be amended snd that he be recorded as voting contrary to the adoption of the City Msnager's report regarding tenders for the rental of snow removal equipment. The Alderman also requested the minutes be amended to include a motion made during the Council Committee session as follows: It was moved by Alderman Wallace, seconded by Alderman Keighan that City Stsff consult with neighbouring municipalities and various local contractors who rent snow removal equipment to obtain an opinion concerning the type of tender which should be used by the City and report to Council at the first opportunity. The motion Carried unanimously. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Christensen that the minutes of the November 26, 1973 meeting be adopted as printed and the minutes of the December 3, 1973 meeting be adopted as amended. DEPUTATION Comm.~130 - Peter Moore snd Douglas Fraser - Submitting s petition on behalf of the residents of Harriman Street, Casey Street and Prior Crescent; advising that the petitioners are directly affected by the Taro and Glengowsn Subdivisions, the Brady Street property and the joining of the northerly end of Wiltshire Blvd. to Harriman Street; commenting on the traffic flow and suggesting Marriman Street will be the most direct road to Dorchester Road; requesting permission to discuss the traffic patterns and street layout in the area. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that Mr. D. Fraser be granted permission to address Council. Mr. Fraser presented the views of the petitioners regarding street plans 'for the Taro and Glengowan subdivisions and noted that recent plans indicate that Marriman Street would become a collector road to Dorchester Road for the:entire area. The petitioners contend that the majority of the residents within the Taro and Glengowan subdivisions, residents of Casey St., Harriman St. and Prior Crescent as well as the northerly lots on Wiltshire and Baker Crescent will exit by either Harriman St. or Casey St. as the most direct route to Dorchester Road. Mr. Fraser suggested that the heavier flow of traffic, about 75%, will use the southerly part of Harriman Street. He suggested two existing plans will result in s major hard- ship to existing homeowners as a result of increased traffic volumes and congestion. He spoke about the importance of a third access made possible by the extension of BradyStreet to Dorchester Road. As the Brady Street area is not as yet a registered plan, Mr. Fraser said the lot loss would not be severe and sn access at this point would provide a direct route for children attending the Prince Philip School. He also suggested further relief for Harrimsn and Casey Streets could be provided by an extension of Brady St. westerly to Join with Cssey Street. Although this area is included in a registered plan, the land is presently vacant. Members of Council raised numerous questions and were informed by the City Clerk that the plan of subdivision has received draft plan approval, the subdivision agreement has been prepared and the subdivider is anxious to build prior to the year end after which regulations under the Land Titles Act come into effect and will cause considerable delay. The Planning Administrator confirmed that residents with 400' were notified of the original application for apartment buildings which was subsequently denied by the Planning and Development Conmittee. The developer then revised the plans and property owners within 400' were notified of the application to fezone the land to allow single family development. In reply to questions by Alderman Wallace, the City Engineer indicated that st the present time there is no set policy as to the number of accesses onto major arterial roadways nor the distance between such accesses. The Engineering - 2- Traffic Patterns - Taro and Glengowan Subdivisions (Coni'd) Department and Planning Department consider plans to determine whether certain streets are desirable onto a major arterial road and Council approval ia obtained when the draft plan is approved. It is desirable, he said, that accesses onto arterial roadways be kept to a minimum. At the direction of Council a policy could be formulated as to the nnmber of cars travelling from a new subdivision through an existing residential area. The Project Engineer said he personally felt that the number of accesses onto Dorchester Road and Mountain Road is sufficient for the area. He suggested however that potential residents should be made aware of the type of street they will be residing on whether it be a collector, arterial or local roadway. At the moment staff members are drafting a policy to be used in developing secondary plans for large area which would include a road classification system. It was then moved by Alderman Schisler, seconded by Alderman Walker that the communication and petition be received and referred to sta£f for a report. The motion Carried unanimously. TAX APPEALS AND WRITE-0FFS Report ~633 - City Manager - List of tax appeals received under Section 636(2) of The Municipal Act for cancellation or reduction of 1973 taxes and a list of proposed tax write-offs; suggesting approval of the recommendations respecting the applications received and the suggested write-offs. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. DOUBLE DECK TOURS - PROPOSED THEME PARK Co~n. #1S (Feb.19,1973) - N. Watson, Double Deck Tours - Re: Proposed Theme Park, east side of Willoughby Drive. Providing an assessment of the water supply, sanitary sewage disposal, traffic, parking and zoning required for the project; requesting consideration of the proposal so the developers may proceed with the fins 1 stages of design. (The comments and suggestions contained in the communication w~re referred to staff). Report ~634 - City Manager - Re: Am-4/72, Double Deck Tours Ltd. Suggesting the item be tabled until such time as appropriate meetings can be arrangedwith the developer to discuss detailed servicing costs and possible cost-sharing; advising that a meeting has been arranged for December 12,1973. ORDERED on the motion of Alderman Walker, seconded by Alderman 8chisler .that the report be received and ,adopted. The motion Carried with the following vote: AXE:Aldermen Christensen, Mann, Keighan, Hattitan, ~uttick, Smea~on, Schisler, Thomson, Walker, Wallace. .NAYE:Aldermen Hunt and Fare. C01~4UNICATIONS No. 131 - Niagara Transit - Interim Report. ORDERED on the motion of Alderman Puttick, seconded by Aiderman Thomson that the communication be received and filed and the appreciation of Council be conveyed to the Transit Commission. No. 132 - Canadian Niagara Power Co. Ltd. - Advising of increased rates for electric power which will apply to customers in the former Township .of Willoughby. ORDERED on the motion of Alderman Hunt~ seconded by AldermanMann,that the report be received and filed. No. 133 - Regional Municipality of Niagara - Re: Regional Road ~100, Turn- around between Portage Road and Drummond Road. Providing a copy of a report of the Public Works Committee which reconnnends the turn-around be purchased by the Region from the City for a nominal sum and the lands be dedicated as part of the public highway known as Regional Road ~100. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the communication be received and filed and the request approved. - 3 - Communications (Coni'd) No. 134 - Ministry of Treasury, Economics and Intergovernmental Affairs. A memorandum regarding Municipal Tax Assistance to Elderly Homeowners; advising that new legislation will allow each municipality to pass a by-law to provide the assistance most appropriate to the community's particular circumstances with certain limits. The City Clerk advised that the Bill had received third reading and Royal Consent is now required. Alderman Thomson suggested that when the new legis lation is approved, the City Manager prepare a report for Council recommend- ing methods by which the program could be implemented . Alderman Harrigan suggested the report include information as to the number of elderly homeowners who would be eligible for assistance and the impact on the City's tax structure. The City Manager advised that the provincial assessment department has been asked to forward all pertinent information and there may be several alternative methods of implementation for Council's consideration. It was then moved by Alderman Thomson, seconded by Alderman Christensen that the con~nunication be received and referred to the City Manager for a report. The motion Carried unanimously. Note: Alderman Keighan retired from the Council Chambers. REPORTS No. 635 - Planning and Development Committee - Re: AM-27/73 Oakwood Gospel Hall, Lots 8,9,10,11, Adams Ave. and Hawkins St. Rezoning of the property would permit the erection of a garage to house a bus. Recommending approval of the application and Council certify, by resolution, that the application conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that Mr. Santo Paola be granted permission to address Council. Mr. Paola, 6680 Hawkins Street, presented a petition bearing the signature of 53 area residents who are opposed to the proposed garage. He expressed the,lo~nion that neighbourhood property would be devaluated and residents'would have to contend with noise, fumes and dust, The speaker suggested there would be more than one bus on the property and the garage would be used for repairing the vehicles. Alderman Thomson suggested more information should be provided and raised the following questions: 1) What is the size and exact location of the building? 2) How many buses will be housed in the garage? 3) Will a mechanic be doing repairs? 4)If there is more than one bus, will all of them be owned by the same church or will buses from other churches be using the same property? 5) 'If the building is erected will parking be adequate for church purposes? Not__e: 'Alderman Keighan returned to the Council Chambers. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the report received and tabled for two weeks for additional information. The motion Carried with the following vote: AYE: Aldermen Christensen, Fare, Keighan, Harrigan,Puttick, Smeaton~Schisler, Walker, Thomson, Wallace. NAYE Aldermen Hunt and Mann. Note Alderman Keighan retired from the Council Chambers. No. 636 - City Manager - Re: Retirement Allowances - Deputy Chief M.Dyer and Sen'lot Fire Prevention Officer, F. King. Providing pension payment and retirement allowance informer ion and reconunending approval of by-laws to authorize payment. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the report be received and adopted. See By-law Nos.73-Z79 & 73-280 No. 637 - City Manager - Re: Oneida Sign. Advising that G. & A. Holdings, Inc., present owners of the Oneida Tower, wish to remove the Oneida sign located atop the tower and replace it at a later date with a new sign; recommending that G. & A, Holdings be permitted to remove the present sign and replace it with a new sign in the future, having a height not to exceed 28 feet. :ORDERED on the motion of Alderman Mann, seconded by Alderm~n Smeaton that the report be received and adopted. 4 Reports (tout'd) No. 638 - City Manager - Re: Bus Stop By-law. Referring to an earlier by-law which clarified the regulations concerning bus stop use; advising that notifi- cation has been received that the form of the'by-law is contrary to M.T.C. policies concerning bus stops. The M.T. C will approve a no stopping regulation if provision is made in the by-law to allow the stopping of vehicles for the discharge or taking on of passengers except when this interferes with a bus already in or about to enter a bus stop. The report recommends approval of a by-law regarding bus stops as it appears later in the sgends and the Regional Municipality of Niagara be asked to pass a similar by-law for regional roadways within the City. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fern that the report be received and adopted. See By-law No.73-286 No. 639 - City Manager - Re: Parking Meters on Queen Street. Advising that Rosberg's Department Store has requested that parking meters be erected on Queen Street from the Penn Central Railway lines to Erie Avenue;recommending that the City Manger be authorized to take the necessary steps, ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that the report be received and adopted. No. 640 - City Clerk - Referring to By-law No.73~142 which, when approved,will amend the zoning of property located at the north-east corner of Dru~nond Road and Scott St. to legalize an existing service station or, if required, permit the erection of a new building for the purposes of an automobile service station; advising that the Ontario Municipal Board has appointed Tuesday, January 22, 1974, at 11:00 a.m. for the purpose of hearing all parties interested in supporting or opposing the application. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the report he received and filed and the hearing date noted. No. 64i - City Manager - Re: Rental of Loader for the City Landfill Site. Recommending acceptance of s tender submitted by Alder Equipment at $22.50 per hour and $19.50 per hour; further recommending that if the tendsrat cannot provide a continued service at the landfill site, the City Engineer be authorized to rent substitute equipment from other tenderera on the basis of cost per cubic yard, as for the recommended tender. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report he received and adopted. See Resolution No.168 Note: Alderman Keighan returned to the Council Chambers No. 642 - City Manager - Re: Underground Services for Ascot Woods Subdivision, Contract No.G.C.42-73. Recommending acceptance of the unit p~ices submitted by ~tandard Construction for the installation of underground services. Alderman Puttick noted that the recommended tender was submitted in the hams'of Standard Construction but the by-law authorizes an agreement with Charles Dupuis Construction Co. While he agreed with Alderman Wallace that it is not unco~non for a firm to carry on business under a name other than their own and Charles Dupuis is the corporate name of .the company, he suggested the agreement should he with Charles Duputs Construction Ltd., operating as Standard Construction. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted. The motion ~arried with Alderman Puttick HotinS' contrary 'and all others in fayour., See Resolution No.169 No. 643 - City Manager- Recommending approval of a resolution appearing later on the agenda which authorizes the transfer of certain current budget allocations to a reserve account. ORDERED on the motion of Alderman schisler, seconded by Alderman Hunt that. the report be received and adopted. See Resolution No.170 No. 644 - City Manager ~ Annual Report of the Safety Inspector. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and filed. -5 - Reports (Contd) No. 645 - City Clerk - Advisory Report. The report includes a recommendation that the month of January be proclaimed as "Safety Month" and also recommends approval of the Annual "Scout Apple Days". Information is also provided regarding the Chamber of Commerce appointees to the Rail Relocation Committee and the Hospitality Programs at the Niagara College of Applied Arts and Technology. ORDERED on the motion of Alderman Christensen, seconded by AldermanSmeaton that the report be received and filed. No. 646 - City Manager - Building Permits issued for the month of November,1973. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and filed. No. 647 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Walker, seconded by Alderman Hunt that the report be received and adopted and licences granted. No. 648 - City Manager - Recommending payment of Municipal Accounts. Note: Alderman Puttick declared a conflict of interest in respect to Cheque No. 1~i6, payable to Peninsula Volkswagen Ltd. ORDERED on the motion of Alderman Walker, seconded by Alderman ~nn that the report be received and adopted. The motion Carried with Alderman Puttick abstaining. RESOLUTIONS No. 167 - See Page 9. No. 168 - CHRISTENSEN - HUNT - RESOLVED the tender submitted by Alder Equipment for the rental of a loader for the City landfill site in the amount of $22.50 per hour and $19.50 per hour, be accepted; AND the Seal of the Corporation be hereto affixed. Carried UnanimouelZ No, 169 - HUNT - CHRISTENSEN - RESOLVED that the unit prices submitted by Standard Construction for underground services for the Ascot Woods Subdivision, Contract No.G.C.42-73, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Ald.Putttck voted contrary. No. 170 - MANN - HUNT - RESOLVED that the Council of the City of Niagara Falls hereby authorizes and directs that the following amounts be established as reserve accounts and said amounts be used for the purposes enumerated hereunder: Amount 1. Fire Truck $ 4,500.00 2. Chippaws Service Centre Addition ll,000.00 3. Service Centre Site Improvements 10,000.00 4. Service Centre Building Changes 18,000.00 5. Dorchester Rd.Construction-MeLeod to Oldfield20,000.00 6. Landfill Bite Development 7. Ker Park Clubhouse 8, Commercial Development 9. Industrial Park Improvements 10. Christmas Lighting I1. City Welcome Signs 12. Planning Consulting Fees i3. New Park Sites & Development 10,000.00 12,000.00 5,000.00 1,400.00 1,500.00 6,000.00 9,500.00 20,000.00 Budget Account Code 10714 11011 11163 11160 11275 11534 12209 12782 12784 10877 13109 12756 12211 12212 14. Major Facilities & Development 30,000.00 AND the Seal of the Corporation be hereto affixed, Carried Unanimously No. 171 - See Page 9. BY-LAWS No. 73-212 - A By-la~ to authorise the construction of a watermain as an extension to the water supply system in the Urban Service Areas' of the City. (The by-law was given a first and second reading on September 4, 1973) ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a third and final reading. Carried Unanimously -6- By-laws (Cont'd) No. 73-279 - A By-law to grant a retirement allowance to a municipal employee. (F. King) ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously 73-280 - A By-law to grant a retirement allowance to a municipal employee. (M.Dyer) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that the By-law be now given a second and third reading. Carried Unanimously No. 73-281 - A By-law to authorize a site plan agreement with Arthur Bailey and others. (Oakwood Gospel Hall, Adams St.) Not~: The By-law was deleted from the agenda. See Report #635, Page 3. No. 73-282 - A By-law to amend By-law No. 2530 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Oakwood Gospel Hall} ~ote: The By-law was deleted from the agenda. See Report #635, Page 3. No. 73-283 - A By-law to authorize the acquisition of property for the parking of vehicles. (Park St. and Zinmmrman Ave.) ORDERED on the motion of Alderman ~nn, seconded by Alderman Christensen that Alderman Fera be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Alderman Hent that the By-law be now given a second and third reading. Carried Unanimously No. 73-284 - A By-law to authorize the sale of land in the Falls Industrial Park to Pakfold Continuous Forms. ORDERED on the motion of Alderman Hunt, seconded by Alderman Wallace that Aldemm~n Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Bunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-285 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (prohibition of parking - Ash Street} ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Bunt be granted leave to introduce the By-law and the By-law he given a first reading. Carried Unanimously - 7- By-law No. 73-285 (Cant'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-286 - A By-law to amend By-law No. 3790, being a By-law for the regulating of traffic. (Bus Stops) ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman F~nn, seconded by Aldernmn Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-287 --ABy-lawIto'suthorlze a sebdivisian'~greement-with Kenmore · . Holdings (Niagara) Limited. ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler that Alderman Christensen be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 73-288 - A By-law to authorize a subdivision agreement with Creson Invest- ments Ltd. (Glengowan Subdivision) Note: The By-law was deleted from the agenda. See Communication ~130,Psge 1. No. 73-289 - A By-law to authorize the execution of an agreement with Charles Dupuis Construction Limited. (Underground Services, Ascot Woods) ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that Alderman Hunt be granted leave to introduce the by-law and the by-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Aldernmn Christensen that the By-law be now given a second and third reading, Carried ~lderman Puttick voting contrary. Note: Alderman Marrigan retired from the Council Chambers. No. 73-290 - A By-law to authorize a subdivision agreement with John H.Grabam and ElizabethGraham. (Gore St.) ORDERED on the motion of Alderman Keighan, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given e. first reading. Carried Uuanimousl7 ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-291 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously - 8 - By-Law 73-291 (Cant'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. The motion Carried with Alderman Puttick abstaining. -... Note: Alderman Harrigan returned to the Council Chambers. NEW BUSINESS SHRINER'S CREEK WATERCOURSE Alderman Smeaton enquired if there is litigation before the courts regarding the Shriner's Creek watercourse. The City Manager replied in the affirmative. STANLEY AVENUE BRIDGE As a matter of interest, His Worship Mayor Bukator advised that the Regional Director of Engineering, C. Eidt, had submitted a report to the Regional Council regarding an amount of $200,000. for the acquisition or expropriation of land between the Chippaws Parkway and Lyons Creek Road required in conjunction with construction of the new Stanley Avenue Bridge. 977B BULLClAM M embers of Council had been provided with a copy of a memo from the Equipment Superintendent to the City Engineer in respect to the general condition of a 977H Bullclam previously owned by the City and used at the sanitary landfill site. Alderman Puttick referred to the contents and moved that the memo be received and filed with previous reports add correspondence in respect to the same matter. The motion was seconded by Alderman Thomson and Carried unanimeusly. COMMITTEE OF ADJUSTMENT Alderman Puttick referred to a notice of Public Hearing of an application before the Committee of Adjustment for permission to construct an addition to an existing building on the north-west corner of Bridge Street and Second Avenue. The AldelTaan noted that construction had already con~nenced. WARD SYSTEM Alderman Christensen requested information regarding the progress of the special committee established to study existing election methods and the ward system. The City Clerk advised that information obtained from submiss ion received at a public meeting were being summarized for the benefit of Council and a report would be forthcoming. ORDERED on the motion of Alderman Puttick, seconded by 'Alderman Christensen that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, Mayor - 9- COMMITTEE OF THE ~OLE Co.uneil, Chambers, De.~ember 10, 1973. Council met in Committee of the Whole following a regular meeting held Monday, December 10, 1973. All Members of Council were present with the exception of Alderman Keighan. Alderman Puttick presided as Chairman. Following consideration of the items presented it was moved by Alderman Thomson, seconded by Alderman Wallace that the Con~nittee of theWhole arise and report. READ AND ADOPTED, erk Mayor COUNCIL MEETING Council Chambers, December 10, 1973. Council reconvened in open session following a C~nmittee of the Whole meeting held Monday, December 10, 1973. All Members of Council were present · with the exception of Alderman Keighan. His Worship Mayor George Bukator presided as Chairman.. The following action was taken: Resolution No. 167 - THOMSON - WALLACE - RESOLVED that the Council of the City of Niagara Falls authorize the City Manager to retain the services of Nelson A. McK~y to represent the City of Niagara Falls in hearings scheduled for December lZth, 1973, relative to the W-5-1 and 2-5-2 watercourses and By-law No. 73-223 and a fezDoing application of Stamford Construction; AI~) the Seal of the Corporation be hereto affixed. Carried Unanimously -Resolution No. 17I - THOMSON - WALLACE - RESOLVED the the Council of the City of Niagara Falls reaffirm its support, in principle, of the overall concept proposed for the Shriner's Creek drainage systems and the possible use of a rentention pool; AND the Seal of the Corporation be hereto affixed. The resolution was approved with the following vote: AYE: Aldermen Christensen,Munt,Fera,Mann,Harrigan,Walker,Thomson,Wallace,Schisler. .N~.YE:Aldermen Smeatonand Puttick. The meetinS adjourned on the motion, of Alderman Hunt,'.seconded by Alderman ,READ AMDADOP~ED, Mayor FIFTY-FOURTH MEETING Conmittee Rooms 2 & 3 December 17, 1973. SPECIAL MEETING Following a Council Committee meeting held Monday, December 17, 1973, Council reconvened in formal Council session on the motion of Alderman Schisler, seconded by Alderman Christensen. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present with the exception of Aldermen Keighan and Harrigan, Alderman Harrigan having retired from the meeting at the close of the Council Committee session. DEPUTATION ROYAL TOWER AND PANASONIC SIGN During the Council Committee session representatives of the Royal Tower and Panasonic Ltd. appeared before Council to request approval of the erection of a neon sign around the top of the Tower featuring the name Panasonic as well as alternating time and temperature units on three sides of the building. Mr. J. Michael of the White Management Team introduced Mr. D. Garrett, Advertising Co-ordinator of Panasonic Ltd.,who provided additional information regarding his company's operation in Canada and 120 other countries. He advised that much of Panasonic's public relations would involve this venture in Niagara Falls. In addition, the 30th floor of the Royal Tower will be used to display Panasonic products, unusual products and products of the future. Following considerable discussion and further clarification by the Royal Tower delegation, it was moved by Alderman Thomson, seconded by Alderman Hunt that Council approve the erection of an advertising sign on the Royal Tower as described by representatives of Panasonic Ltd. The motion Carried with Alderman Walker voting contrary and all others in favour. ~ote: In Council Committee Alderman Harrigan also voted contrary. REPORTS No. 649 - City Manager - Re: Sewer and Water Work Construction in the City of Niagara Falls. Suggesting that certain watermains and sewermains are considered to have high priority and reconunending the list of works enumerated in the report be submitted to the Regional Municipality of Niagara for consideration in the Region's Capital Budget. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 650 - City Manager - Re: 1974 Capital Budget. The report includes (a) an Analysis of Debt Capacity; (b) an Analysis of Projected Debt Charges for Tax Supported Debt and an analysis of Projected Debt Charges for Self Supporting Debt. The five year Capital Budget was reviewed by the City Manager during the Council Conmittee session. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the 1974 Capital Budget, as presented, be approved by Council. BY-lAWS No.73-292 - A By-law to authorize a subdivision agreement with Klydel Holdings,foe, (Westwood Village) ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried UnanimouslX ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried UnanimousiX - 2- By-laws (Cent'd) No. 73-293 - A By-law to authorize a subdivision agreement with River Realty Development Ltd. and Group 2 Development Ltd. (Woodbridge Subdivision) ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading, Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-294 - A By-law to dedicate as part of Hodgson Avenue a portion of Block "A" according to Registered Plan No. 157 situated in the former Township of Stamford, County of Welland~ now in the City of Niagara Falls. (J. and A. Tothfaluse) ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that Alderman Thomson be granted leave to introduce the By-law and the By-law be given a first readin8. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Christensen that She By-law be now given a second and third reading. Carried Unanimously No. 73-288 - A By-law to authorize a subdivision agreement with Creson Invest- ments Ltd. (glengowan Subdivision) ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Alderman Christensen be granted leave to introduce the By-law and the By-law be given a first reading. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fera~Mann,Puttick,Schlsler,Walker,Thomson. NA"~:Aldermen Smeaton and Wallace. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading. The motion Carried ~tth the following vote: AYe...: Aldermen Christensen, Hunt, FerasMann,Puttick,Sehtsler,Walker,Thomson. MaYE:Aldermen Smeaton and Wallace. ~ RESOLUTIONS No. 172 - HUNT - WALKER - RESOLVED that the Council of'm~he City of Niagara Falls agree that the Regional Municipality of Niagara will not be involved in any financial way in storm drainage works at the intersection of McLeod Road and Mentress Road which may be required in conjunction with or as s result of subdivision developments proposed by Klydel Holdings, Inc.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously Alderman Puttick expressed his concern as to whether the resolution would preclude further discussions with respect to storm drainage required for the Niagara Square proposal. It was then moved by Alderman Puttick, seconded by Alderman Fera that notwithstanding the commitment given by the City of Niagara Falls regarding construction of stormdrainage relative to subdivision proposals by Klydel Holdings Inc., the Region be asked to confirm that such commitment will not preJudicially effect future negotiations regarding storm drainage in the ares in which it ie proposed to construct the Niagara Square shopping complex. The motion ~arr.ie~ unanimously. - 3- ADJ OURR~IENT The meeting adjourned on the motion of Alderman Christeusen, seconded by Alderman Schisler. READ AND ADOPTED, Mayor FIFTY-FIFTH MEETING Council Chambers, December 27, 1973. REGULAR ~ETING Council met on Thursday, December 27, 1973, for the purpose of considering general business. All Members of Council were present with the exception of Aideman Keighan. His Worship Mayor George Bukator presided as Chairman. Alderman Christensen offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the minutes of meetings held December 10th and 17th, 1973, be adopted as printed. **** NEW PUBLIC LIBRARY Mayor Bukator asked the City Clerk to read the following announcement: "Eunice, Lady 0akes, has given a gift to the new Public Library, to be used for the Local History Room, a room planned as an aesthetic highlight of the new building. The room will be furnished in nineteenth century Canadians style to complement the library's special collections on early settlement and pioneer ' life on the west bank of the Niagara River. Pine and butternut woods will be featured in its construction and furnishings, with some of the wood being retrieved from early buildings of the Niagara area. A pioneer garden will adjoin the room which will be named for Lady 0akes' late husband, Sir Harry Oskes. It will add special meaning and beauty to the new library and will serve as an expression of the long-standing interest of the Oakes family in the civic and cultural life of the City." Mr. George Hamilton, Chairman, Niagara Falls Public Library Board, expressed appreciation for the opportunity to publicly thank Lady Oakes for her thoughtfulness and generosity. He said the Board has received many enquiries from public-spirited citizens and organizations regarding donations toward the develop- merit of special areas in the new building. In most cases, he said, volunteer donors have clearly indicated the amount of the gift and the exact purposes for which the monies are to be used. To assist potential givers to make wise decisions in this respect, a list has been compiled of the items not covered in the contract for the building and which taxpayers should not be asked to underwrite. The list indicates the type of work libraries are involved in today. The provision of films, music and the opportunity to view art collections require special equipment and it is the feeling of the Library Board that this is where private individuals and organiza- tions can contribute and participate. Mr. Hamilton said the new library will be s beautiful building, the cultural centre of the City and a source of pride for all residents. On behalf of Council, Mayor Bukator expressed sincere appreciation to the members of the Library Board and for Lady Oakes' generosity and continuing interest and friendship. It was then moved by Alderman Harrigan, seconded by Alderman Smeaton that the City Clerk be directed to draft a resolution expressing Council's sincere appreciation for the donation made to the new public library by Lady Eunice Cakes. The motion Carried unanimously. UNFINISI~D BUSINESS CRESON INVESTMENTS AND GLENGOWAN SUBDIVISION Comm.~130 - Mr.P.Moote and Mr.D.Fraser - A petition in respect to traffic patterns and street layout in Taro and Glengowan Subdivisions. Report ~651 - City Manager - Re: T-23316, Greson Investments, Glengowan Subdivision. Explaining the engineering reasons for not connecting B~ady Street to Dorchester Road within the Glengowan Subdivision. Report ~652 - Planning and Development Committee - Reviewing the background of the Glengowan plan of subdivision and the procedure followed in notifying property owners within 400 feet; commenting on the current procedures of the Planning and Development Co~mittee and the road patterns in the subdivision; recommending ~hat the information - 2- Glengowan Subdivision (tout'd) be received and filed and consideration given in the 1974 current budget for the construction of a walkway from Dorchester Road westerly across the Lester B. pearson park. Alderman Wallace expressed the opinion that the matter of a connection to Dorchester Road from Brian Crescent and access to Dorchester Road from Brady Street are similar problems and suggested the reports be tabled until such time as the two items can be considered together. The City Clerk advised that members of staff had met with residents of the McGill St. area who had requested the extension of Brian Crescent to Dorchester Road and the petitioners had indicated they would be submitting additional information- It was then moved by Alderman Mann, seconded by Alderman Hunt that the report of the City Manager be received and filed and the report of the planning and Development Con~nittee be received and adopted. The motion ~arried with Alderman Wallace voting contrary and all others in layout. WESTLANE VILLAGE SUBDIVISION Report #653 - City Manager - Re: Westlane Village Subdivision and former V.L.A. Subdivision on east side of Kalar Road, south of Lundy's Lane. Advising that earlier agreements have been superseded by a new agreement with Klydel Holdings Inc. and in order to remove questions of title, requests have been received for releases from the City of any claims under the earlier agreements. In addition, Klydel has requested a reconveyance of a.proposed sewage pumping station site; the site is not required as the pumping station was telscared;recommending approval of a by-law to authorize the execution of releases from the earlier agreements and a quit claim deed of theformer pumping station site. OR~RED on the motion of Alderman puttick, seconded by Alderman Thomson that the report be received and adopted. The motion C~arried with Alderman Schisler voting contrary and all others in favour. See By-law No.73-300 NIAGARA SOUTH RECREATION COMPLEX Report #654 - City Manager - Re: Report on Niagara South Recreation Complex. (phase ~1). Consideration of this matter was temporarily tabled pending the arrival of the Architect- See Page 5. COMMUNICATIONS No. 135 - Mr.Alvie Wilson .-Requesting the installation df hydrants on Garner Road South. It was moved by Alderman Hunt, seconded by Alderman Walker that the communication be received.and filed. The motion.was DJfeate~ with the following vote: AYE: Aldermen Hunt and Walker. NAmE:Aldermen Christensen, Fera,Mann,Harrigan,Puttick,Smeat°n,Schisler'Th°ms°n' "Wallace. It was then moved by Alderman Thomson, setended by Alderman Harrigan that the cou~nunication be received and referred to staff for investigation and report to Council. The motion Carried with the following vote: AYE.: Aldermen Christensen'Fera'~ann~Harrigan'Pnt~ick"Smeat°n'gchisler~Th°ms°n' Wallace. NAYE:Aldermen Hunt and Walker. No. 136 - Main and Ferry Business Association - Comments re: proposed North End Market. Requesting assurance t~at the Sylvia Place Farmers Market will in no way be Jeopardized by the establishment of a North End market. ORDERED on the motion of Alderman puttick, seconded by Alderman Fern that the communication be received h~d referred to the City Manager for a report. . , echamical Contractors Associati~n'~'~Re: Municipal plumbers Licenses a~d No. 137 M iceuses Requesting that Regional licensing of plumbers be con .Master plumbers L . · sidered and recognized by all municipalities within Regional Niagara. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the communication be received 8nd referred to staff-with directions 'to investigate the feasibility of the suggestion. The motion Carried with the following vote: AYE: Aldermen Christensen,Hunt,Fera,Mann, Putttck'-Sme'~t°n'Schisler'Thums°n'Walker' ~: Aldermen Ra~r~gSn and Wallace. - 3 - Communications (Cont'd) No. 138 - Ukrainian Committee of Niagara Falls - Re: Cormnemoration of Ukraines' Independence and Unification; requesting permission to fly the Ukrainian National Flag at City Hall for one week commencing January 22,1973; extending an invita- tion for members of Council to attend the flag-raising ceremonies. ORDERED on the motion of AldermmSmeaton, seconded by Alderman Christensen that the request be approved. No. 139 - Niagara Regional Aggregate Haulers' Assoc.- Advising that the Association has recently been formed in alliance with the Teamsters' Union; submitting a schedule of minimum trucking rates. In reply to questions by Alderman Thomson, the City Engineer advised that the new rates would become effective January 1, 1974 with existing rates applying to work contracted prior to Sept. 1, 1973 and work commenced in 1973 and completed in 1974. He suggested a meeting with representatives of the Association would provide an opportunity to discuss the new schedule of minimum rates. The City Engineer expressed his concern that the increased rates might affect the City's snow-ploughing operations. ORDERED on the motion of Alderman Walker, seconded by Alderman Fern that the communication be received and appropriate City officials meet with the Niagara Regional Aggregate Nsulers' Association to discuss the various matters raised in the communication. No. 140 - Regional Municipality of Niagara -Re: Regional Road 100, Turn Around between Portage Road and Drummond Road. Advising that the Regional Council has approv~d the purchase of the turnaround from the City of Niagara Falls for a nominal sum; the lands are to be dedicated as part of the public highway. ORDERED on the motion of Alderman Christensen, seconded by Alderman Smeaton that the communication be received and filed. REPORTS No. 655 - Planning and Development Committee - Re: AM-50/73,MAiello,Lots 14 and 15, south-west corner Montrose Road and Mulhern Street. The rezoning would permit the erection of five townhousing units, together with a store of 1000 sq.ft.and an apartment above. The report recommends the application be denied. Mr. G. Ungaro, solicitor for the applicant, was granted permission to addresss Council on the motion of Alderman Fern, seconded by Alderman Christensen. Mr. Ungaro explained that because of health reasons, his client is unable to continue his present occupation and Wishes to build a corner store with adjacent housing units as a means of support. He asked Council to reconsider the proposal in view of the fact that Montrose Road is predominatly industrial and commercial and development of the property would improve the appearance of the .area. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Mann that the report of the Planning and Development Committee be received and adapted and the application of M.Aiello, as submitted, be denied. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Mann, Harrigan,Smeaton,Schialer,Thomson. .NAYE:Aldermen Fera, Puttick, Walker,Wallace. No. 656 - Planning and Development Con~ittee - Re: Sanitary Land Fill Sites as Hses Permitted in the Draft Zoning By-law. Recommending that sanitary land fill sites as a permitted use be removed from the Draft Zoning By-law and the Official Plan include a clause stating this use would be permitted by specific amendment only. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the report be received and adopted. No. 657 - City Manager - Re: Neighbourhood Improvement Program. Advising that according to press reports the City of Niagara-Falls and several other Ontario . cities have been allocated funds to initiate projects under "N.I.P." of the new Housing Act. The figure of $750,000. quoted for Niagara Falls has not been verified in writing; recommending (1) that a resolution be passed placing the amount of $3;000. in a reserve to be used early in 1974 for the N.I.P. project and (2) application be made to the Province by the City of Niagara Falls for a certificate to obtain neighbourhood selection funds when details of the program have been finalized and forms made available. ORDERED on the motion of Alderman Mann, seconded by Alderman Walker that the report be received and adopted. See Resolution No.17A -4- Reports (tout"d) Ho. 658 - City Manager - Re: Revised site plan - North-west corner of Thorold Stone Road and Portage Road, proposed apartment building and a commercial building; recommending approval of the revised site plan as submitted. ORDERED on the motion of Alderman Thongson, ~econded by Alderman Schisler that the report of the City Manager be received and adopted. No.659 - City Manager - Re: Boys Club Building program. Advising that the donation of wiring, plurabing and exterior work for phases 1 and 2 did not materialize and the work had to be contract out for $13,766 in order to complete the project. This and other circumstances leave the Boys Club short of funds to pay for phases 1 and 2 to the extent of $27,117. The report suggests the phase 3 budget allocation of $20,000. be applied to phases 1 and 2 and the Boys Club make a further presentation to Council at budget time respecting the City's total contribution toward phase 3 of the building program. Should Council wish to underwrite the remaining $7,000. deficit, this would be the only portion to exceed the amount budgeted for the Boys Club in 1973. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received and filed and Council authorize the application of the 1973 phase 3 budget allocation of $20,000 to phases 1 and 2 of the Boys Club building program and, further, that the City underwrite the remaining $7,117.08 building deficit through funds made available from the contingency account set up in the 1973 budget. No. 660 - Recreation Conunission - Re: Swimming Pool - Prince Charles Park. Advising that the Recreation Commission has approved the establishment of s swimming pool at Prince Charles Park , the cost to be included in the 1974 City -Budget and the future plan for the park be studied by the Research and Facilities Committee and the Planning Department. A report on their findings is to be sub- mitted to the Recreation Commission. Requesting that staff prepare the necessary data and the item be included in the 1974 City Budget. ORDERED on the motion of Alderman Fera, seconded by Aldernmn Mann that the proposed swimming pool be approved in principle and the report of the Recreation Commission be received and referred to the 1974 Budget meeting. I No. 661- City Manager - Re: Rating By-laws for Debenture Issue. Advising that by-laws to provide for the levy of rates to pay the principal and interest on recent Regional debenture issues of $956,000. for miscellaneous .works and $700,000. for the library project have been prepared and are listed on the agenda. A third by-law for the levy of rates for $100,000; for improvement to the electrical distribution system of the Chippawa public Utilities Commission and $80,000~ for the construction of watermains on certain streets will also be submitted for Councilts consideration. ORDERED on the motion of Alderman Mann, seconded by Aldermdn Harrigan that the report be received and filed and the by-laws be given the necessary readings. See By-law Nos.73-295,73-296,73-297 No. 662 - City Manager - Re:Norkmen's Compensation Insurance. Cvm~ienting on the two methods of covering Workmen's Compensation: Schedule 1 whereby the Board pays all claims and assessment is levied annually according to specific classes of employees; Schedule 2 whereby municipalities may self-insure for all the conditions of the Workmen's Compensation Act and be liable to pay all claims arising under such Act; recommending that a formal request be made to the Workmen's Compensation Board to transfer· the Cityts coverage to Schedule 2, effective January lst,1974 · and that Workmenss Compensation Excess Insurance Fdlicy coverage be obtained throug~ Niagara Falls Insurance Agency Ltd. to the extent of $10,000 per employee or occurrence at a rate of .20¢ per $100.00 of assessable payroll. During discussion of the matter, the personnel Director,A.L.Jobey, provided further clarification of the plan and replied to questions posed by members of Council. ORDERED on the·motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Hunt,Fera,Mann,Harrigan,Smeat°n'Schisler'Walker'Th°ms°n'Wallace' NAYE:Aldermen Puttick and Christensen. No.663 - City Manager - Re: Commissionsires. Referring to an agreement with the Canadian'Corps of Co~nissionsires which includes a provision for the payment of a 13% charge for overhead purposes; advising that the Corps has requested an increase to 15% of labour costs; recommending e by-law appearing later on the egenda be passed to allow for the.increased overhead payment. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted The motion Carried with the following vote: - 5 - Report No. 663 (Cont'd) AYE: Aldermen Christensen,Hunt,Fera,Mann,Harrigan,Puttick,Smeaton,Schisler,Thomson. NAYE: Aldermen Walker and Wallace. NIAGARA SOUTH RECREATION COMPLEX Report ~654 - City Manager - Re:Report on Niagara South Recreation Complex (Phase 1). Providing s history of the Niagara South Recreation Complex; commenting on increased project costs and the advisability of removing certain items not considered to be · vital st this time. The report also provides information regarding financing and sources of revenue and recommends s reduced contract be awarded to Niagara River Construction Co. Ltd. in the amount of $550,255 and the by-law and special resolu- tion in respect to the enticipated forgiveable portion of Winter Capital Projects Fund be approved by Council. During discussion of the matter, the City Manager provided further information regarding the items deleted from the contract in order to keep within the $400,000. debenture issued for which Ontario Municipal Board approval is expected momentarily. The low bidder, Niagara River Construction, has agreed to a reduced contract in the amount of approximately $53,000. made possible by the de{orion of desirable but not vital items including a reduction in the width of the building from 110' to 100' thus reducing the spectator area and providing an 80' wide ice surface rather. than 85' wide. The revised contract eliminates heaters from the south side of the spectator area, special rubber flooring, painting, an outside storage area,four changerooms rather than six. All but the ice surface can be added at a future date if money becomes available. Acceptance of the original contract will necessitate obtaining the approval of the Region and the O.M.B. for the increased amount. The City Manager stressed the time factor and rapidly increasing costs and advised that sub-contractors have stipulated that the contract be signed by-December 31st as prices quoted are valid only until that date. Alderman Puttick suggested that in view of spiralling costs, it would be advisable to include all the features of the original arena plan at this time and the contract for the full amount be signed subject to 0.M.B. approval of the added expense. Alderman Thomson expressed the opinion that the 85' ice surface should be maintained if possible and enquired about other methods of raising funds. The City Manager indicated the required $23,000. could be included in the 1974 Operating Budget. The project is now considered to be a recreation complex and · inclusion of the money in·'the Recreation Budget could be justified. However the City's eligibility for grants based on spending being kept within 8% of expenditures in 1973, could be affected. Mr. G. Goulty of D. Chapman Architects, commented on the tenders received which, he said, were firm bids according to drawings and specifications provided. Alderman Wallace questioned the availability of steel and Mr. Goulty confirmed there was a problem with delivery of steel but the building is designed in such a manner that construction of some areas can proceed without the main arena structure. He also confirmed that during negotiations, the contractor had indicated he would accept the lesser amount. It was then moved by Alderman Mann, seconded by Alderman Christensen that the report of the City Manager be received snd a reduced contract for the construc- tion of an arena in the former Township of Willoughby be awarded to Nlagara River Conatruction Company in the amonnt of $573,338.00; and, further, that an amended by-law and resolution appearing later on the agenda be spproved by Council. The motion Carried unsnimoasly. See Resolntion No. See By-law No.73-299__ Report ~664 - City Manager - Fairview Cemetery. Recomnending that a request to erect a six or twelve crypt mausoleum within Fairview Cemetery be denied. Alderman Thomson noted that the report indicates there have been few requests for this type of structure and suggested there would be more requests if facilities were available as in St.Cstharines and Pelham. He suggested the matter be investigated further to determine if there is s need for ~his type of service. The City Engineer stated that provincial authorities do not recommend construction of mausoleums because of various problems experienced in other - 6 - Report # 664 (Cent'd) municipalities. Members of staff are discussing the matter with the monument dealer to determine if there is an alternative for the burying of ashes. Alderman Puttick reported that the body of a:local man was cremated in Hamilton and the ashes returned to the City of Niagara Falls. His wife was informed there was no burying place locally and it was necessary to transport the ashes to Toronto. The Alderman suggested that consideration be given to a regional crematorium. Alderman Puttick also spoke about the need for undertakers to provide a written contract regarding funeral arrangements so bereaved families are aware of what the costs include. The President of the Undertakers' Assoc. in Toronto had indicated that notices would be sent to all funeral homes in Ontario suggesting_ they. adept the practice of providing signed contracts. The Alderman also expressed his concern that residents wishing to bury ashes are required to pay the same fee as for a casket. It was then moved by Alderman Thomson,.seconded by Alderman Harrigan that the report of the City Manager be received and referred to staff for further investigation. The motion Carried with the following vote: A~: Aldermen Hunt, Mann,Harrigan,Smea~on,puttick,Schialer,Walker,Thomson,Wallace. NAYE:Aldermen Christensen and Fera. No. 665 - City Manager - Re: 1973 Regional Levy. Advising the levy originally requested in the amount of $2,760,700 will he decreased by approximately $160,000. or slightly in excess of one mill accounted for by a revision to equalized assessment figures. ORDERED on the motion Qf Alderman Hunt, seconded by Alderman Fern that the advisory report be received and filed. 'No.'666 - City Manager - Re: Reconstruction of Ontario Avenue from Park Street southerly 1625 feet and installation of storm sewers, Contract R,C.44-73, Recommending acceptance of unit prices submitted by Damore eros. Ltd. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 667 - City Clerk - Re: Resolutions from other Ontario Munigipalittes. 1. City of Stratford - A resolution requesting the Provincial Government to pass mandatory legislation requiring the installation of safety equipment on bicycles by the mand~acturer. Endorsement of the resolution is reccwmended. 2. City of Bellevilla - Requesting ConsiderstieR of a possibl~.increase. in present witness_fees; recommend ing the resolution be endorsed. 3. City of St.CAtharines - Requesting the federal government to provide those municipalities bordering on the shores of Lakes Erie and 0ntSrio with up-to- date information on water level data. Recommending approval of the resolu- tion. 4. Town of Thor~ld - Objecting to the transfer of authority to approve official plans from the province to the region. Endoraation is reconmended. '5. Town of Fort Erie - Requesting tax relief for persons 65 yee~s of age and over. Recummending that the resolution be received and filed. 6. City of Woodstock and City of London - Both resolutions deal with the imple- mentation by the province of the Property Assessment Program originally pro- posed to be put into effect in January 1975. Recommending the resolution be received and filed. 7. City of St. Cathsrines - Requesting spartment superintendents be certified · annually by the province as to their ability to handle the maintenance of 811 fire fighting facilities. Recommending the,resolution be r~cetved and filed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that resolutions numbers one to seven be received and the recommendation adopted in each instance. The motion 9arr~ed. with Alderman Wallace voting contrary and all others in fevour. 8. City of St.Catharines - Requesting an independent and objective study of all aspects of Regional Government. ORDERED on the motion of Alderman Thom.s. on, seconded by Alderman Fern that the resolution be received and tabled for further information from the City of _.Catha~ines. The motion Carried with the following vote: AYE: Aldermen Chriatensen,Hunt,Fera,Mann,Smeaton.,PuttfcksSchisler,~homson. NAYE: Aldermen Wallace,Walker and Herrigan. sees - 7- Reports (Cent'd) No. 668 - City Clerk - Recommending approval of Municipal Licences. Alderman Walker suggested there was insufficient information regarding an application for a Transient Trader's Licence for Gary's Give-Away~4863 Crysler Avenue. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted and licences be granted. The motion Carried with Alderman Walker voting contrary and all others in favour. No. 669 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the report be received and adopted. No. 670 - City Manager - Re: Storm Sewers. An advisory report regarding possible construction of storm sewers on Regional roads in 1974: Stanley Ave.approximately 500 feet south of Swayze Drive to Church's Lane; on Thorold Stone Road - Q.E.W. to 500' east of Dorchester Road and on Dorchester Road from Glengowan Subdivision to Riall Street. ORDERED on the motion of Alderman Puttick,seconded by AldermanSchisler that the report be received and filed and a copy be forwarded to the Regional Municipality of Niagara as the City's official request for Regional contribution to the three projects. No. 671 - City Manager - Re: Rental of Extra Snow Maintenance Equipment. Advising of a meeting with area contractors and submitting their comments and suggestions; advising also that it was agreed that as many local contractors as possible submit prices to meet the City's requirements for the 1973 and 1974 season. The prices will not include a stand-by rate. Tenders had originally been received on November 29th and representatives of Norjohn Contracting Ltd. requested permission to withdraw their original tender which was based on the understanding that equip- ment would be stored at their own yard; recommending that the request to withdraw the November 29th tender be granted; recommending acceptance of the rates submitted by contractors and extra snow maintenance equipment be rented in ascending order of rates should presently hired units become inadequate. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report be received and adopted. No. 672 - City Manager - Re: Block "B", Registered Plan 228, Oakwood Drive. Advising that Block "B" comprising 1.44 acres, has a market value of $10,800.,based on a rate of $7,500 per acre. In order to permit the construction of a proposed multiple-tenancy industrial building, the report reconmnends that Council authorize the sale of Block "B", Registered Plan 228~ to Vatermo Holdings Limited at a price of $10,800. The City Manager advised that another condition would pro~ide for the erection of the building within one year of date of sale or the properCy would revert to the City for 80% of the purchase price. Don Chapman, Architect, advised that the first phase of the project would be for a 24,800 sq.ft.~utt{~tenancy building providing rentable units of various sizes; the second phase will provide an additional 14,800 sq.ft. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report of the City Manager be received and adopted. PETITION Comm.~t41 - A petition signed by sixteen residents of Barker Street requesting Council to consider the purchase of an vatairier bordered by Battlefield School property, Drummond Hill Cemetery, Barker Street and Drummond Road, for the purpose of establishing a small historical park. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the petition be received and referred to staff for a report, RESOLUTIONS No.173 - HARRIGAN - HUNT - RESOLVED that WHEREAS proposed By-law No.73-249 entitled "AI}~y-law to authorize the erection of an arena in the former Township of Willoughby" was read a first and second time at the meeting of Council on October 29th,1973: AND WHEREAS the said proposed By-law No.73-249 recited that the estimated cost of the said arena was $588,000.00 of which $50,000.00 was to be paid out of the reserve fund for Chippaws recreational facilities established by resolution passed st the meeting of Council November 27th,1972 and it was estimated that $138,000.00 of the loan to be obtained under the Federal-Provincial Winter Capital Projects Fund will be forgiven leavie8 a balance of $400,000.00 to be raised by the issue and sate of debentures; and -8- Resolution No. 173 (Cent'd) WHEREAS t~nders have now been received for the construction of the said arena and it appears that the cost of the said arena after deleting certain items originally specified will be $646,083.00 and that the amount of the forgivable loan from the Federal-Provincial Winter Capital projects Fund will be $153,000.00 and it is estimated that a grant of $20,000.00 will be obtained under The Community Centres Agt which with the $50,000.00 to be paid out of the reserve fund for Chippawa recreational facilities and an amount of $23,083.00 to be included in the a~nual estimates for the year 1974 will leave an estimated amount of $400,000.00 to be raised by the issue and sale of debentures; NOW THEREFORE BE IT RESOLVED: 1. That proposed By-law No.73-249 Which was read a first and second time at the meeting of Council on October 29th,1973 be amended as follows: (1) by striking out $588,000.00 in the third line of the second recital and inserting in lieu thereof ,,$646,083.00"; (2) by striking out the fourth recital and substituting therefore the following: "AND WHEREAS the City expects to obtain a loan of $226,000.00 under the Federal-Provincial Winter Capital projects Fund on account of the cost of constructing the said arena of which it is estimated $153,000.00 of the said loan will be forgiven and the city expects to obtain a grsnt of $20,000.00 under The Con~nunity Centrag Act to pay for a part of the cost of the said arena and it is intended to include $23,083.00 of the said additional cost in the annual estimates for the year~1974 and to pay the said. S23,083.00 out of the current revenue for the year 1974, being within the term for which the Council was elected, leaving a balance of $400,000.00 to be raised by the issue and sale of debentures; and" (3) by adding at the end of section 2, the following: "end that $23,083.00 of the cost of the said arena be included in the annual estimates for the year 1974 and be paid out of current revenue for the year 1974." snd that the proposed by-law as so amended be submitted to the Ontario Municipal Board for approval of the construction of the said arena at the revised estimated cost of $646,083.00 and the issue of debentures to provide the sumeel $400,000.00; AND the Seal of the Corporation be hereto affixed. ~ Carried Unanimously No. 175 -THOMgQN~.SMEATO~ - RESOLVED that the next Council Committee meeting be held Monday, January 7, 1974, commencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 174 - PUTTICK - HUNT - HESOL~ED that the Council of the City of Niagara Falls hereby authorizes'and directs that the amount of $3,000.00 be established as a reserve account for the purpose of Renewal, Research and Implementation, Budget ACcount. COde 12791; AND the Seal of the Corporation-be hereto affixed. -"" Carried Unanimously 'BY- LAWS No. 73-295 - A By-le~ to provide for the levy of rates to pay ~he principal end interest on debentures of The Regional Municipality of Niagara in the principal amount of $956,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. ORDERED on the motion of Alderman Smeaton, seconded by Alderman liarriSen that Alderman Puttick be granted leave to introduce the By-law and the By-lsw be given a firSt.reading. Carried Unanimously - 9 - By-law No,73-295 (Cent'd) ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried UnanimousIX No. 73-296 - 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 $700,000.00 issued for the purposes of The Coreoration of the City of Niagara Falls. ' ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that Alderman Thomson be granted leave to introduce the By-law end the By-law be given a first reading. Carried UnanimousIx ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimouslx No. 73-297 - 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 $180,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. ORDERED on the motion of Alderman Thomson, seconded by Alderman Harrigan that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimousix ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimousix No. 73-298 - A By-law to authorize an agreement with Battelle Memorial Institute. (Development of Southwest Industrial District) ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconddd by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 73-299 - A By-law to authorize the execution of an agreement with Niagara River COnstruction Limited for the construction of an arena in the former Township of Willoughby. ORDERED on the motion of Alderman Hunt, seconded by Alderman Chr istensen that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the By-law be now given a second and third reading. Csrried Unanimously No. 73-300 - A By-law to authorize the execution of releases and a quit claim deed respecting Registered Plans No. 223 for the Township of Stamford and N.S.-22. (Klydel Holdings and V.L.A. Subdivision) · ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Alderman Thomson be granted leave to introduce the By-lsw and the By-law be given a .first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the By-lsw be now given a second snd third reading The motion Csrrie.d with Alderman Schisler voting contrary and all others in favour. ..... 10. - 10 - By-law (Cont'd) No. 73-301 - A By-law to authorize an amending agreement with Canadian Corps of Commissionaires (Hamilton) ORDERED on the motion of Aldernmn Hunt, seconded by Alderman Christensen that Alderman Schisler be granted leave to introduce the By-law end the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the By-law be now given a second and third reading. The motion Carried with the following vote: AYe: Aldermen Christensen, Hunt,Fera,Mann,Harrigan,Smeaton,Puttick,Schisler, Thomson. NAYE:Aldermen Wallace and Walker.- No. 73-302 - A By-law to authorize the execution of an agreement with Demote Bros. Limited. (Reconstruction.of Ontario Ave. ) ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Alderman Mann be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. The motion Carried with Alderman Walker voting contrary and all others in favour. No. 73-303 - A By-law go provide monies for general puTposes- ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that Alderman Hunt be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-lsw be now given a second and third reading. Carried Unanimously NEW BUSINESS ' WATERCOURSES AND PROPOSED RENTENTION POND Alderman Puttick referred to the minutes of a Planning and Development Committee meeting and discussion of the proposed widening and deepening of the W-5-3 watercourse. Mr. Van Belle, the Planning Administrator, was quoted as saying that 90% of the timer there is no water in the watercourse and the Aldermen questioned the necessity of a proposal to create a retention pond in the area in view of the limited flow of natural drainage and storm water. In clarifying the matter, the City Engineer stated that the W-5-3 watercourse is one of three branches running to the dam s its. The retention pond will control the water flow. He suggested that watercourses are designed to accommodate emergency flows and heavy rainfalls. As an example, he cited the Hurrican Hazel disaster and the resultant flooding. SNOW PLOUGHING - SIDEWALKS Alderman Wallace questioned the City's policy with respect to the ploughing of sidewalks and, in particular, the damage to lawns and boulevards as a result of ploughing four foot sidewalks with five foot ploughs. He also commented on the necessity for children to walk on the roadway when sidewalks are not piouSbed. The City Engineer indicated a report on the matter would be submitted at a future meeting. The meeting adjourned on the motioJ~'&&' &a a..~ Puttick, seconded by Alderman Hunt. ,P,F, AD AND ADOPTED,