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Minutes1974FIRST MEETING Committee Room #1, January 7, 1974. COMMITTEE OF THE WHOLE Council met in Cormmittee of the Whole on Monday, January 7th, 1974 at approximately 7:15 p.m. All Members of Council were present with the exception of Alderman Walker. His Worship M~yor George Bukator presided as Chairman. Following consideration of the items presented, it was moved by Alderman Hunt, seconded by Alderman Mann that the meeting adjourn. The motion Carried unanimously. Read and Adopted, . · '~ ' Mayor REGULAR MEETING Council Chambers, January 7, 1974. Council met on Monday, January 7, 1974, at 7:30 p.m. for the purpose of considering general business. All Members of Council with the exception of Alderman Walker were present. His Worship Mayor George Bukator presided as Chairman. Alderman Wallace offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the minutes of the meeting held December 27, 1973, be adopted as printed. UNFINISHED BUSINESS Report #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 will permit the erection of a garage to house a bus. Reconmending 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. Conu.#1 - H.M.Mattice, Oakwood Gospel Hall - Replying to questions raised when the report was initially presented on December 10,1973 ORDERED on the motion of Alderman Keighan, seconded by Alderman Thomson that a repre- sentlye of Oakwood Gospel Hall and a repreaentative of the objectors be granted permission to address-.Council. As spokesman for the applicant, Mr. H.M. Mattice advised that the proposed garage would be 40 ft. long x 20 ft. wide; the position of the garage will allow ample parking space; there will be only one bus housed in the garage; the applicant does not intend to hire a mechanic; onlX minor Jobs such as oil changes will be carried on in the building; other buses will not be allowed to park in the area; the vehicle will travel approximately 25 miles per week on Sundays and the occasional Monday evening; the garage will be constructed with blocks with a brick front to blend with the style of the Church. As spokesman for the objectors, Mr. S. Paola said that residents of the area strongly oppose the construction of a garage and wish to keep the area strictly single family. It was then moved by Alderman Mann, seconded by Alderman Christensen that the couB~unication be received end filed and the report of the Planning and Development Committee be received and the application of Oakwood Gospel Hall for the rezoning of property known as Pt. Lots 8, 9, 10 and 11, located at Adams Ave. and Hawkins - 2- Corm. #1 (Coni'd) be approved subject to a site plan and 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. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt,Mann,Harrigan,Keighan,Smeaton,Puttick,Schisler, Wallace. NAYJ:Aldermen Fera and Thomson. See Resolution No. 1 CANNAI HOLDINGS LTD. Report #1 - City Manager - Re: Cannel Holdings Limited and By-law No. 70-211 ame~ding Zoning By-laws 2350,1959 and 2530,1960 and Re: Proposed Official Plan Amendment No. 44. Inasmuch as the two by-laws were not approved by the Ontario Municipal Board, the report recommends they be repealed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report.be r~c~iy~d a~d. adopted. ~ ' See By-law Nos. 74-3 and 74-4 COMMUNICATIONS No. 2 - Niagara District Airport Commission - Suggesting the agreement between the four contributing municipalities has become obsolete in severaI respects and expirei in June 1975; submitting a revised draft agreement for Council's consideration; suggesting the revised agreement, if acceptable, come into force immediately upon expiration of the existing agreement and remain in force until June 1982. Alderman Harrigan stated that at a recent meeting it was suggested the Airport Commission make a presentation before the Council Conmittee regarding the actual operation of the sirport. Alderman Thomson pointed out that only four municipalities contribute toward the airport and suggested that the City's earlier resolution petitioning for Region-wide financial support of the Niagara District Airport be re-submitted for reconsideration by Regional authorities in 1974. Alderman Keighan suggested the possibility of the City wanting to terminate the agreement before 1982 and recommended that Staff consider this aspect. Alderman Smeeton pointed out that the Airport Commission budget must be approved by Council each year. It was moved by Alderman Schisler, seconded by Alderman Smeaton that the communication be received and referred to staff for examination of the proposed agreement and preparation of a report to be submitted for Council's consideration at the same time as a presentation is made to the Council Committee by representa- tives of t~ Niagara District Airport Commission. The motion Carriedwith Aldermane Hunt voting contrary and all others in fayour. ' No. 3 - Ministry of Treasury, Economics and Intergovernmental Affairs - An invitation to attend the January llth meeting of the Provincial-Municipal Liaison Committee at the Sheraton Brock Hotel commencing at 9:30 a.m. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttick that the communication be received, the invitation. accepted and as. many-members of Council as possible attend the meeting. No. 4 - Ministry of Treasury, Economics and Intergovernmental Affairs - Referring to Council's request that section 3 of Bill 239 be amended to remove the applica- tion of that section from cities having an OffiCial Plan; advising that the amendment to both Regional Niagara end Regional York bring those provisions in respect to planning in line with those which prevail in all recently established Regions; advising also that the proposed Land Division Committee of the Region will seek the opinion of the Council of the srea municipality concerned. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Hunt that the communication be received and filed and the Treasurer of Ontario be advised of Council's continuing objections to the establishment of a Land Division Committee and the transfer of certain Committee of Adjustment responsibilities to the Region. The motion Carried with Alderman Puttick votin8 contrary and all o~hers in fayour. ' Con~nunications (Coni'd) No. 5 - Association of Municipalities of Ontario - Pres ident's Message.Commenting on the accomplishments of the Association during the past twelve months. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the communication be received and filed. REPORTS No. 2 - City Manager - Re: Appointments to various Boards and Committees for 1974. Advising that appointments to certain boards and committees are made on a staggered basis with terms expiring each year; recommending that Council confirm appointments to the Niagara Falls Public Library Board, the Committee of Adjustment, the Greater Niagara Transit Commission, the Recreation Conmission and the Niagara Falls Board of Museums. Niagara Falls Public Library Board ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that Mr. Victor Huxtablebe re-appointed to the Niagara Falls Public Library Board for a three-year term. Court of Revision ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that Mr. Vincent Kerrio be appointed to the Court of Revision to fill the vacancy created by the ~ death of Mr. Albert Benson. Committee of Adjustment ORDERED on the motion of AIderman Thomson, seconded by Alderman Fera that Mrs.A.R. Veall and Mr. Tom Macrae be re-appointed as members of the Committee of Adjustment. .In view of the reduced responsibility of the Cormnittee of Adjustment effective February 1, 1974, it was moved by Alderman Keighan, seconded by Alderman Thomson that a complete review of the Committee's workload be made during the month of February to determine the necessity of continuing with a seven-member committee. The motion Carried unanimously. .Niagara Parks Commission ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that Alderman Thomson be re-appointed as Aldermanic representative on the Niagara Parks Conunission for a one year period. Niagara District Airport Cormmission Aldermanic appointments to the Niagara District Airport Commission were deferred until the Con~nission's annual meeting at which time business representatives are named and recommended to Council for appointment. Stamford Community Centre and Memorial Arena Board Alderman N. Puttick, Alderman D. Mann, R.M.Johnson, G.E.Farrell, B. Merrett, G. MacGillivery and Mrs.H.Lamb were re-appointed to the Stamford Comanunity Centre and Memorial Arena Board for the year 1974 on the motion of Alderman Hunt, seconded by Alderman Christensen. 'The motion Carried unanimously. Greater Niagara Transit Conmission ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that Mr. Hugh Hart and Mr. William Sootheran be re-appointed to the Greater Niagara Transit Commission. Recreation Commission ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that Mrs. Shirley Taylor, Mrs. Edith Wilson, Mr. Wayne Pretty and Mr. Ron Perkin be re-appointed to the Recreation Commission for a two-y~ar term. As it was necessary to appoint a fifth member for a two-year term, it was moved by Alderman Mann, seconded by Alderman Runt that Mr.W.A.Rinsperger be appointed to the Recreation Commission. The motion Carrie__dwith Alderman Puttick voting contrary and all others in fayour. -4- Niagara Falls Board of Museums ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Mr. Melvin Ftske be re-appointed for another term to the Niagara Falls Board of Examining Board of Plumbers ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that Mr. H. Detlor and Mr. H. Sokolowski be re-appointed to the Examining Board of plumbers for the year 1974. Board of Management, Main and Ferry Business Improvement Area ORDERED on the motion of AldermanThomson, seconded by Alderman Hunt that Council approve the appointment of Messrs B.D.Fear,D.Hinchcliffe,A.P.Marshall,G-Muller and R. Saks, together with Alderman Pottick and Alderman Mann to the Board of Management, Main and Ferry Business Improvement Area. Board of Management~ Downtown Improvement Area ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that Council approve the appointment of Messrs p.Maves,D.Carrel, G.Burley,R.Schtld and B. Ballerr together with Alderman Thomson and Alderman Christensen to the Board of Management, Downtown Improvement Area, for the year 1974. Report # 3 - City Manager - Re: Water Meters - Area Municipalities. Submitting a report prepared by the Regional Director of Engineering which discusses some of the advantages and disadvantages of water metering and requesting the comments of area municipalities on the Region's suggestion that water meters are advisable in all municipalities; submitting also a report prepared for the consideration of the City Council in March 1971 entitled 'Hater Rate Structures".which includes certain sections on water metering; recommending that a copy of the 1971 report on 'Hater Rate Structures" be forwarded to the Regional Municipality for con- sideration and, further, that a committee composed of members of the area munici- palities and the Region be formed to investigate the matter if the Region feels more investigation is necessary. Following considerable discussion and further clarification by the City Engineer, it was moved by Alderman Hunt, seconded by Alderman Smeaton that the report of the City Manager be received and adopted. The motion Carried with Alderman Puttick voting contrary and all others in favour. No. 4 - City Manager - Re: Proposed Plan of Subdivision, Klydel Holdings Incorp., ~eatwood Village Extension No. 1", Location - Pt.Twp.Lot 156, east side Kalsr Road. Reconmending preliminary approval subject to. twelve conditions enumerated in the report; recommending further that Council certify by resolution that the application conforms to Official PlanAmendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the report be received and adopted. See Resolution ~o.2 No. 5 - Mayor George Bukator - Re: Draft Regional Official Plan. Advising that suggested amendmentswere presented to the Regional Council and were incorporated in the submission and request for approval made to the Honourable J. White, Minister of Treasury, Economics and Intergovernmental Affairs; advising that additional copies of the policy plan are being printed and will be available for distribution in about two weeks; advising that the report was prepared to acquaint members of Council with those items appearing on Regional Council meeting agendss which affect the City of Niagara Falls and it is proposed to co~nence preparation of regular reports of this nature. ORDERED on the motion of Alderman Hunt, seconded by Alderman Puttick that the report of Mayor George Bukator be received and filed. No. 6 - City Manager - Re: Parking on McDonald Ave. and Stamford St. Recommending that parking be prohibited at all times from the west side of McDonald Avenue from Highway #420 to Stamford Street and from the south ~tde 9f Stamford Street from McDonald Avenue to Heywood Avenue. ORDERED on the motion of Alderman Snmaton, seconded by Alderman Mann that the report be received and adopted. - 5 - Reports (Cont'd) No. 7 - City Manager - Re: Parking on Hamilton Street. Recommending parking be prohibited from the north side of Hamilton Street from Stanley Avenue 100 feet easterly. It was moved by Alderman Puttick, seconded by Alderman Fera that the report be tabled until such time as discussions are held with representatives of the Polish Legion to determine if the problems created by the parking of vehicles on the north side of Hamilton Street can be resolved. The motion was Defeated with the following vote: AYE: Aldermen Puttick, Fera, Harrigan, Smeaton, Schisler, Keighan. NAYE:Aldermen Christensen, Hunt, Mann, Wallace, Thomson and Mayor Bukator. It was then moved by Alderman Thomson, seconded by Alderman Schisler that the report of the City Manager be received and adopted and parking be pro- hibited from the north side of Hamilton Street from Stanley Avenue 100 feet easterly. The motion Carried with the following vote: AYE: Aldermen Christensen,Hunt,Mann,Harrigan,Schisler,Thumson,Wallace. NAYE:Aldermen Fera,Keighan,Puttick,gmeaton. NOTE: Alderman Christensen retired from the Council Chambers. No. 8 - City Manager - Re: Parking At Stamford and Jack Bell Arenas. Recommending the prohibition of parking at all times from the north side of Frederica Street from Glenholme Avenue to Prince Edward Avenue. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the ~ report be received and adopted. No. 9 - City Manager - Re: School Crossing Guard on Dorchester at McMillan Drive. Recommending a school crossing guard be located on Dorchester Road at McMillan Drive and that crossing guard locations in the area be reviewed subsequent to future sidewalk construction. ORDERED on the motion of Alderman Fera, seconded by Alderman Hunt the t the report be received and adopted. No. 10 - City Manager - Re: Road Closings on the Q.E.W. in the City of Niagara Falls. Suggesting that Council authorize the City Solicitor and City Engineer to make submission to the Ontario Municipal Board, including any objections that might be deemed necessary, which might help clarify the City's position on the various adjacent roadway to be constructed by the Ministry of Transportation and Communications. The submission would also deal with clarificatinn on timing for construction of the Bosserr Road flyover on the Q.E.W. The report also requests authority for the City Solicitor and the City Engineer to appear before the O.M.B. on January 21st,1974 if such is deemed necessary. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the report be received and adopted. No. 11 - City Manager - Recommending approval of a by-law to authorize the borrowing of $4,000,000.00 required to meet current expenditures until taxes are collected; reconunending further that the rate of interest paid on prepayment of taxes be raised from6% to 8% and the City Treasurer be authorized to issue tax prepayment certificates bearing interest at 8 per cent per annum. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted and the required by-laws be approved. See By-law Nos.74-1 and 74-2 No. 12 - City Manager - Re:1974 Tenders. Requesting authorization to call tenders for certain materials and clothing required by the various civic departments. ORDERED on the motion of Alderman Keighan, seconded by Alderman Smeaton that the report be received and authorization to call tenders be approved. The motion Carried with Alderman Thomson voting contrary and all others in fayour. No. 13 - City Manager - Re: 1974 C.F.M.M.Membership Fee. Recommending approval of payment of the 1974 membership fee for the Canadian Federation of Mayors and Municipalitie~ in the amount of $1,679.07 based on 2.5¢ per capita. The report comments on the activities of the Federation and advises that the function of the Canadian Association of Municipal Administrators is to be a resource arm of C.F.M.M. and work very closely in the preparation of reports and briefs made by the Federation to the Federal Cabinet and the Tri-Level Conference. The City Manager is presently Vice President of the C.A.of M.A. and it is expected he will be asked to take over the Presidency at the next Conference. h seconded Alderman that ORDERED on the motion of Alderman Sc islet, by Thomson the report be received ,and filed and Council approve payment of the 1974 membership fee. :{ -6- Reports (Coat'd) No. 14 - City Manager - Re: Annual Ontario Good Roads Association Convention. Royal York Hotel, February 25th to 27th,inclusive. Reconmending (1) that Mr. H.Laur, Streets Superintendent, be congratulated on his excellent service to the City of Niagara Falls and Council confirm a request to the 0GRA for pre- ' senration of a "45 to 49" year certificate for long service to Mr. Laur from the Ontario Good Roads Association; (2) permission be granted for any member of Council to attend the one-day seminar for Councillors on February 25,1974 and (3) five members of the Engineering Department and two members of Council ; be permitted to attend the OGRA annual convention- ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted and Alderman Hunt and Alderman Christen,an be authorized to attend the OGRA Convention- No. 15 - City Manager - Re: Building permits issued for the month of December, 1972. Mayor Bukator advised there were eight new industries established in the City during 1972 and twelve in 1973; 41 industries expanded their facilities in 1973 compared to 18 in 1972; the value of industrial permits increased $1,917,221 in 1973 and the increase for residential permits was $1,633,600. ORDERED on the motion of Alderman Hunt, seconded by Aldernmn Mann that the report of the City Manager be received and filed. No. 16 - City Manager - Reconnnending approval of Municipal Accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. VERBAL REPORT OF MAYOR BUKATOR RE: DAYLIGHT SAVING TIME Mayor Bukator said that on December 24th at the request of an out of the area newspaper he made the following statement: "I am pleased to take advantage of the opportunity to torment on the proposal to follow the steps taken by the United States in implementing permanent daylight saving time. I believe the decision of the United States is of particular concern to us because of our proximity to the United States. Certainly it would be to our advantage locally to follow their decision. The question facing the provincial government must, understandably, give first consideration to the impact of such a step on the entire province. What is good for us, because we are a neighbouring city, might be a disadvantage for northern areas'. The adoption of daylight saving time must be considered beyond local levels and I would think problems will be created unless an effort is made to work for uniformity throughout the nation. If the implementation of year-round daylight saving time will in any way help alleviate the energy crisis, then I believe it should be adopted without delay. Secondly, while I do not pretend to fully understand the problems faced by our neighbouts to the south, any steps that might be taken by Canada to assist them would be more than warranted." On the same day, Mayor Bukator said, he received a phone call from the office of the Minister of Treasury, Economics and Intergovernmental Affairs and was asked by Mr. N. Kristoffy what pusittoh.'he would take on the issue as Mayor of Niagara Falls. During the conversation he was led to believe that the govern- ment was considering the implementation of daylight saving time throughout the province except in the Thunder Bay area. The Mayor had indicated that if there was to be uniformity throughout the entire province and if the move would conserve! energy, he was wholeheartedly in accord with the move. Following announcement that the provincial government had decided to retain standard time, it was 7 indicated in newspapers that local municipalities would have an option. Mayor Bukator said that, certainly, he would not want "one pocket" of the Region to be on daylight saving time while other municipalities were on standard time. - 7 - BY-lAWS No. 73-249 - A By-law to authorize the erection of an arena in the former Township of Willoughby. (The By-law was given a first and second reading on Oct.29,1973. THIRD READING OF BY-lAW NO.73-249, AS AMENDED - ALDEPd~ANMANN, seconded by ALDERMAN HUNT. Carried Unanimouslx No. 74-1 - A By-law to authorize the borrowing of $4,000,000.00. 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 a first reading. Carried Unanimouslx ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the By-law be now given a second and third reading. Carried Unanimouslx No. 74-2 - A By-law to allow interest on taxes paid in advance. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that Alderman Fera 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 Fera, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimouslx No. 74-3 - A By-law to repeal By-law No. 70-100 adopting Amendment No. 44 to the Official Plan of the Niagara Falls Planning Area. (Cannai Holdings) ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Alderman Smeaton 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 Smeaton, seconded by Alderman Keighan that the By-law be now given a second and third reading. Carried Unanimouslx No. 74-4 - A By-law to repeal By-law No. 70-211 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. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that Alderman Mann be granted leave to introduce the By-l~w and the By-law be given a first reading. Carried Unanimouslx ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimouslx No. 74-5 - A By-law to authorize the execution of a s its plan agreement with Robert Arthur Bailey and otherS. (Oakwood Gospel Hall) 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 8 first reading. Carried Unanimousix ORDERED on the motion of Alderman Mann, seconded by Alderman Hattitan that the By-law be now given a second and third readins. Carried Unanimousix No. 74-6 - 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. ORDERED on the motion of Alderman Harrigan, seconded by AIderman Hunt that Alderman Mann be granted leave to introduce the By-law sad the By-law be given s first reading. Carried Unanimously By-law No. 74-6 (Coat'd) 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. 74-7 - 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 a first reading. Carried Unanimously 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 NEW BUSINESS S.P.I.C.E. - SERVICE PEOPLE IN COMMUNITY EFFORT Alderman Puttick enquired as to why the S.P.I.C.E. program was being discontinued. The City Manager explained that the project was created to generate action to provide recreation facilities. The participation of Council, Staff and many organizations over the past year and a-half resulted in the construction of the Jack Bell Arena, the Stamford Firemen's Pool, the South End Recreation Complex and others. Consideration is now being given to a similar program for the study of social aspects of development. Mr. Price suggested participation of the Social Planning Council and service organizations in a community effort could make things happen in the social field. GARDEN PLOTS Alderman Puttick referred to the minutes of the Recreation Connnission meeting which indicated a public announcement would be made to all persons interested in having garden plots.and asked what action had been taken. The City Manager said it was felt the Recreation Commission should initiate the project and there are many questions to be answered before a report is prepared for Council. RECREATION COMMISSION BUDGET ' in response to a question by Alderman Puttick, the City Manager stated thai, to the best of his knowledge, the Recreation Conmission was not over its budget for the year. TheAlderman expressed the opinion that if the Commission was operating over its annual budget, the City Council and q~t~Manager should be made aware of it. GRANT FOR RETARDED CHILDREN Alderman Puttick reported receiving information that representatives of the Association for Retarded Children had been told to attend a meeting of the Recreation Conmission and give just cause, in writing, for the Association'a grant of $540.00 per annum. The Alderman said the money is used for the purpose of giving retarded children an opportunity to swim at the Falls View pool on Saturdays and asked that Council ratify approval of the full amount. The City Manager stated that all groups must Justify their budgets and all requests are considered by Council during budget discussions. CANADIAN LEGION MINOR HOCKEY ASSOCIATION Alderman $meaton questioned a statement in the minutes of the Recreation~ Commission which indicated the Canadian Legion Minor Hockey Association had not received 'their 'budget allocation and suggested this should be followed-up by the Commission staff. The City Manager said the allocation had been approved by Council and was included in the budget of the Recreation Commission. He indicated the Minor Hockey Association should have received funds if they applied for them. The matter will be ~nvesttgated by the City,Manager. - 9 - New Business (Contd) RECREATIONAL FACILITIES ORGANIZATIONAL CHART Alderman Smeaton took exception to statements in the minutes of the Recreation Connnission regarding a meeting with Council to consider a "Recreational Facilities Organizational Chart". The report suggested Council members should have had more opportunity to ask questions and, as Chairman of that particular meeting, Alderman Smeaton said he was sure members of Council had every opportunity to ask questions. It was Council's decision, he said, that a further meeting was necessary and he objected to reading such derogatory statements about Council's behaviour. The Alderman also objected to statements in the minutes which indicated that "due to the attitude of Council" another submission would be prepared. PROCEDURE FOR HANDLING GRANTS Alderman Thomson commented on the disadvantages of having groups appear before Council requesting financial assistance for recreational activities and suggested the Recreation Commission handle such applications and undertake a thorough investigation of all requests. In the past, he said, groups have appeared before Council and requested funds and a decision is made before Council has had an opportunity to study and research the application. He suggested if any group is dissatisfied with the Connnission's decision, they would have an opportunity to appeal to Council for further consideration of the grant. Alderman Mann questioned . what organizations are not under the jurisdiction of the Recreation Corfnnission and, in reply, Alderman Thomson noted that requests from the Boys Club, the Y.M.C.A., the Y.W.C.A. and the Optimist Club had not been channelled through the Cormmission. Alderman Wallace voiced his opposition to the proposal because of the large sums of money that are often solicited. He preferred to have requests for substantial amounts and grants of a capital nature presented directly to Council. Alderman Puttick objected to the Recreation Commission handling large grants. He referred to the Commission's report entitled "Project P.L.A.N." which, he said, has not yet been dealt with by Council. He suggested the amount of $40,000. involved should have been paid under protest because the report was not prepared according to terms of reference. Alderman Smeaton said the responsibility for decisions regarding grants was not the purpose of the Recreation Commission. The decision is Council's, he said, and all information should be made available to them. Alderman Keighan considered it would be advantageous to have requests for grants examined by another group before they are presented to Council. It was moved by Alderman Thomson, seconded by Alderman Fera that all future requests for municipal funds to assist in recreational activities in the City be directed to the Recreation Commission and, if approved by the Commission, form part of the Recreation Commission's annual operating budget~ The motion Carried with the following vote: AYE: Aldermen Hunt, Mann, Keighan, Schislet~'~Thomson, Fe~. "' '~ NAYE:Atd~rmen 'Marrigan, Puttick, Smeaton and WallaCe. ALDERMANIC REMUNERATIONS Alderman Thomson made reference to a news report indicating that the Town of Grimshy had increased aldermanic salaries to $4,800. sad noted that under ~xisting legislation, a Council has authority to increase their remunerations to unrealistic levels. To protect the ratepayers, he suggested decisionsregarding salaries for elected officials should be taken out of the hands of local politicians and the provincial government set up a salary scale to prevent exhorbit~nt increases and maintain realistic levels. Alderman Wallace also expressed concern that elected representatives had authority to vote themselves salary increases. The proposal that the province establish a salary scale, he said, would provide impartial Judgment and promote some degree of uniformity between municipalities of comparable size. He suggested self-authorized increases have s tendency to lead to inequities, suspicion and distress in the minds of the general public. Following further discussion it was moved by Alderman Thomson,seconded by Alderman Smeaton that city staff be instructed to prepare a resolution requesting the Province of Ontario to enact legislation providing for the establishment of a salary scale for elected representatives based on population. The motion Carried with the following vote: AYE: Aldermen Fare, Harrigsn,Keighan,Smeaton,Thomson,Wallace. NAYE:Aldermen Hunt, Mann, Puttick, Schisler. - 10 - NON-UNION SALARIES A motion by Aldernmn puttick that a resolution be prepared regarding the establishment of a special conunittee comprised of representatives of the area municipalities for the purpose of reviewing non-union salaries was not seconded. FEDERAL GRANTS Aldernmn Hunt spoke about a substantial Federal grant received by the Town of Fort Erie for sewer works and questioned if the City had taken advantage of similar grants. In reply, the City Manager said the City of Niagara Falls, through the Region, had obtained similar grants with respect to the construction of the South Side Sewage System and with the same forgiveness features. RESOLUTIONS No. 1 - MANN - CHRISTENSEN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Oakwood Gospel Hall for the fezcuing of property known as pt.Lots 8, 9, 10 and 11, R.P. 119, located at Adams Avenue and Hawkins Street, conforms to the Official Plan Amendment No. 28 of the Niagara Falls plann Area as amended and approved by the Minister of Treasury, Economics and intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carrie_____~d No. 2 - HUNT - SMEATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Klydel Holdings Incorporated in respect to the development of property known as pt.Twp.Lot 156 and located on the east side of Kalar Road, immediately south of the proposed Westwood Village Subdivision 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 Corpora- tion be hereto affixed. Carried Unanimously ADJOURNMENT The meeting adjourned on the motion of Alderman Hunt, seconded by Alderman Mann. READ AND ADOPTED, ~lerk I~yor SECOND MEETING Council Chambers, January 21,1974 REGULAR MEETING Council met on Monday, January 21, 1974, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor George Bukator presided as Chairman. All members of Council were present. Alderman Thomson offered the Opening Prayer. ADOPTION OF MINUTES The minutes of a regular meeting held January 7, 1974, were adopted as printed on the motion of Alderman Thomson, seconded by Alderman Mann. UNFINISHED BUSINESS ACCESS TO DORCHESTER ROAD FROM BRIAN CRESCENT Report No.16 - City Manager - Re: Request of residents of McGill Street for alternate access to Brian Crescent. Submitting (a) report of the City Solicitor dealing with liability of the City with respect to claims for injurious affection; (b) report of the Planning Administrator relative to the development of the area; (c) further report outlining the cost and alternatives involved in providing a permananet roadway using lands owned by the City and the acquisition of additional properties; (d) copy of Report 577, dated November 5,1973, outlining the possibility of providing a temporary access from Brian Crescent to Dorchester Road and (e)~ communication dated October 25,1973, from the residents of McGill Streetl, outlining the need to supply alternate access. The report indicates the residents of the ares obts ined an independent opinion as to the liability of the City in respect to claims for injurious affection and provides a copy of the opinion expressed by Mr.G.J Smith of the legal firm of Weir and Foulds. The City Clerk advised that the ratepayers of the McGill Street area had requested the item be tabled for one or two weeks to provide an opportunity for them to obtain a legal opinion of the possibility of the City being liable for compensation claims for injurious affection under Section 446 of The Municipal Act. ORDERED on the motion of Alderman Hunt, seconded by Aldermen Mann that the report of the City Manager be received and tabled for consideration at the next regular meeting of Council on February 4th. ELECTION PROCEDURES Report No.17 - Mayor George Bukator - Submitting copies of the minutes of a public meeting held November 20,1973, at which time written and verbal presentations regarding the present method of aldermanic representation were received. The report indicates the majority of submissions favour restructuring of the City into a ward system. A decision by Council to continue the existing method of aldernmnic repre- sentation or adopt a new method is now required. It was agreed to table the report pending the arrival of Alderman Fern. See Page 3 LESTER B. PEARSON PARK 'Report No.18 - City Manager - Recommending approval of a by-law to name a proposed park on the west side of Dorchester Road "Lostar B. Pearson Park". ORDERED on the motion of Alderman Mann, seconded by Alderman ameston that the report be received, the by-law appearing later on the ageadd be given three readings and a communication be forwarded to Mrs. Pearson informing her of the City's tribute to her late husband. COMMUNICATIONS No.6 - Niagara College of Applied Arts & Technology - An invitation to attend a meeting to discuss the possibility of offering a variety of extension courses in the City. The meeting will be held Friday,January 25th, 8:00 p.m. st the Niagara Centre of Nursing, 5546 Portage Road. Alderm~n Thomson noted that in 1973 it was 'decided to discontinue adult education classes in Niagara Falls despite the City's efforts to convince Niagara College officials of the need and interest in the City. The communication indicates that interest in the courses appeared to decline over the past three years and the Alderman suggested that any decline in '~nterest could be attributed to the necessity for local residents to travel to Welland or St.Cathsrines to attend classes. It was then moved by Alderman Thomson, seconded by Alderman Christensen that the communication be received and the City Clerk be directed to prepare a - 2- Camn.#6 (Continued) brief for submission at the January 25th meeting indicating the need and interest in extension courses in the City of Niagara Falls and, further, that as nmny members of Council as possible a.ttend the meeting. The motion Carried unanimously. No. 7 - Ontario Anti-povertyCoalition Conference - Requesting the City's support by making it possible for three low-income delegates to attend the Conference to be held February 15th to 17th in Toronto. Alderman Thomson suggested more information be obtained regarding the aims and purposes of the organization and if the City would derive any benefits as a result of the Conference. ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Hunt that the communication be received and referred to the City Clerk and the Social planning Council for additional information. No. 8 - Regional Municipality of Niagara - Re: Solid Waste Management Study - Public Meeting, Wednesday, January 23rd from 1:00 p.m. to 9:00 p,m. at Regional headquarters. Advising that area municipalities will be scheduled to attend the meeting at half-hour intervals and requesting an indication of what time Niagara Falls representatives will attend. Report #19 - City Manager - Re: Information on Regional Waste Management Study. The report suggests that Consultants' reports to date have dealt with Regional aspects of waste disposal as a whole and the rates on a uniform basis for all area municipalities. Division of all cost between municipally collected and privately collected waste within the present system will be forthcoming and the report suggests that until then, an assessment of whether to join the regional system cannot be made. In addition, proposed regional disposal sites should be defined firmly and costs provided. The report suggests a n~nber of questions that remain unanswered and recommends the Waste Study Committee and Technical Subconunittee be authorized to pursue the questions and obtain satis- factory answers before a decision is made by Council. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Mann that the report of the City Manager be received and tabled for further information. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Thomson that the communication be received and filed and engineering staff and as many members of Council as possible attend the Solid Waste Management Study Public Meeting at 5:00 P.M., Regional Headquarters,January 23,1974. No. 9 - Steve and Elizabeth Hsrovics - Re: Local Improvements for Dorchester Rd. Objecting to proposed construction of a 4-foot sidewalk in front of 6653 Dorchester Road as a Local Improvement. ORDERED on the motion of Alderman Christensen, seconded by Alderman Smeaton that Mr.Harovica be granted leave to address Council. Mr.Harovica, the owner of property with a 361 foot frontage on Dorohester Road, expressed concern about increased taxes resulting from sidewalk construction under the Local Improvement Act. He noted that other sections of Dorchester Road did not have sidewalks and suggested the existing gravel sidewalk is satisfactory. Alderman Smeaton spoke about the number of children who must walk slung the Harovics property to attend school and recently it was considered advisable to transfer a school crossing guard from the Dunn St.-Dorchester Rd.location to the intersection of McMillan Drive and Dorchester Road. The Alderman also commented on the possibility of the Harovics property being subdivided in the near future and questioned the advisability of constructing a permanent sidewalk at this time. In reply to Alderman Puttick's questions, the City Clerk stated that By-law 73-171 authorizing local improvements was approved and given two readings by Council. The works were advertised and the one objection received was insufficiently signed. The by-law, together with the objection received, was subsequently forwarded to the Ontario Municipal Bca rd for approval. Alderman Wallace asked if the works had been requested by property owners and the City Clerk confirmed that the proposed works had been initiated by the City under Section 12 of the Local Improvement Act. The City, he said, cannot proceed with the work until approved by the O.M.B..If it is the wish of Council, the sidewalk on Dorchester Road can be deleted from the third reading of the by-law. The property is presently farmland and Aldermen Puttick suggested the possibility of establishing a precedent if the. work was 'deleted on the basis of the cultural use. - 3- Comm.#9 (Cont'd) Mr.Van Helszingen, a representative of the St.Thomas More P.T.A.,was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Christensen. He expressed appreciation for the posting of a crossing guard in the area and indicated the association had not requested that a sidewalk be constructed in the area. It was then moved by Alderman Thomson, seconded by Alderman Smeaton that the communication be received and held in abeyance until such time as the decision of the O.M.B. is received following which members of staff are requested to prepare a report with respect to costs, the merits of the Dorchester Road sidewalk con- struction together with suggested alternatives. The motion Carried unanimously. No. 10 - Chamber of Commerce - Re: Commissions on the sale of municipally-owned industrial lands. Requesting Council to rescind a recent decision to not pay commissions to realtors who successfully act as agents in the sale of such lands. It was moved by Alderman Thomson, seconded by Alderman Smeaton that the conununication be received and Council approve the payment of realtors' commissions for the sale of City-owned industrial properties. The motion was Defeated with the following vote: AYE: Aldermen Thomson and Smeaton. NA"~: Aldermen Christensen, Hunt, Mann, Rarrigan, Puttick, Schisler, Walker,Wallace. N0rEE: Alderman Keighan declared his interest and abstained from voting. The communication from the Chamber of Commerce was ORDERED received ~ and filed on the motion of Alderman Mann, seconded by Alderman Hunt. REPORTS No. 20 - City Clerk - Report of the Council Committee. 1. Request of the Y.W.C.A. for Financial Assistance - Representatives of the Y.W.C.A. appeared before the Council Conunittee and advised that in order to take advantage of funds approved under an L.I.P. grant, assurance was required that assistance would be forthcoming from the City. It was recommended by the Council Committee that Council approve $10,000 of the requested amount immediately on the under- standing that the grant be used for a community program of recreation within the meaning of the regulations under the Department of Education Act. 2. Standards for Sewage pumping Stations - Recommendation: That the report of the City Manager regarding Regional Report No. DE-2135, Standards for Sewage Pumping Stations, be adopted and forwarded to the Regional Municipality of Niagara for consideration. 3. Combination Pumper for Fire Department - Recommendation - That Council authorize the calling of tenders for the supply of one (1) GPM Class '~" Centrifugal Combination Pumper for the Fire Department. 4. Neighbourhood Improvement Program - In order to take full advantage of the program, the Council Cormnittee reconnends the City Manager, Building Inspector, Planning Administrator and the City Engineer be appointed as a Steering Committee to assist in the implementation of the Neighbourhood Improvement Program as proposed by the federal and provincial governments and, further, that periodic reports be submitted to Council as details of the program become available. ORDERED on the motion of AIderman Christensen, seconded by Alderman Harrigan that the report of the Council Committee be received and the recommendations contained therein be adopted. The motion Carrie_____~dwith Alderman Puttick voting contrary to the recmendation respecting the Y.W.C.A. grant. NOTE: Alderman Fern arrived at the meeting. ELECTION PROCEDURES - Report #17 - Mayor George Bukator (See Page 1) During discussion of the matter members of Council expressed their personal views of an election st large as opposed to a ward system. It was then moved by Alderman Wallace, seconded by Alderman Harrigan that the report of His Worship Mayor George Bukator be received and filed and City officials be authorized to initiate an immediate petition to the provincial government for appropriate amendments to the Regional Municipality of Niagara Act, 1968-1969, as amended, in order to permit the election of twelve Aldermen elected by a general vote in the City of Niagara Falls and, further, that the residency qualification contained in Section 2(b) of the Regional Municipality of Niagara -4- Report #17 (Coot'd) Amendment Act, 1970, be deleted. The motion Carried with the following vote: AYE: Aldermen Hunt, Fera, Rarrigan, Smeaton,Walker,Mann and Wallace. WE: Aldermen Christensen, Keighan, Puttick, Schisler and Thomson. Not__e: Alderman Fera retired from the Council Chambers. REPORTS (Coot'd) No. 21 - Mayor George Bokator - Re: STOL Inter-City Air Service. Commenting on the STOL service which involves the use of short take-off and landing aircraft and proposes the use of de Ravilland Twin Otter aircraft; advising that the City of London has petitioned the Minister of Transportation and Conmunications to establish Toronto Island Airport as a STOLport and recon~nend- ing that Council take similar action. ORDERED on the motion of Alderman Hsrrigan, seconded by Alderman Smeaton that the City of Niagara Falls endorse the program for the improvement of the Toronto Island Airport in order to accommodate short take-off and landing aircraft and the development of that facility as a STOLport. See Resolution No. 3 No. 22 - Planning and Development Conunittee - Re: AM-54/73,B.J.Gray, Lot 49, Plan 21, Orchard Avenue. An application for change in zoning to permit conversion of a house to three units; recommending denial of the application. ORDERED on the motion of Alderman Mann, seconded by Alderman Walker that Mr. F.Nasello be granted permission to address Council. Acting on behalf of the applicant, Mr.Nasello said Mr.& Mrs.Gray occupy the first floor for six months of the year; the second floor is rented and it is proposed to convert the third floor attic to a separate apartment. It is intended that the elderly mother of Mrs.Gray will occupy the first floor apartment and the applicant will use the third floor as their living quarters. Mr.Nasello pointed out that adequate parking would be provided, no great structural changes are required and the proposal would notinterfere with other buildings in the neighbourhood already used for single family, and two and three family purposes. ORDERED on the motion of Alderman Harrigsn, seconded by Alderman Hunt that the report of the Planning and Development Conmittee be received and adopted and the application of B.J.Gray be denied. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Mann, Harrigan,Kei~han,Smeaton,Schisler,Thomson,~ NA"'~: Aldermen Puttick, Walker and Wallace. No. 23 - City Manager - Re: By-laws to provide for interim levy of taxes and for the collection of interim taxes for the year 1974; recommending approval of the by-lawsappearing later on the agenda. ORDERED on the motion of Alderman Mann, seconded by Alderman gmeaton that the report be received and adopted. See By-laws Nos.74-8 & 74-9 During the discussion, Alderman Puttick referred to a nmgazine article which indicated the Regional Municipality of O~tswa-Carlton had finalized their 1974 budget and requested the City Manager to investigate the procedure followed in that municipality to enable the budget to be finalized earlier in the year. No. 24 - City Manager - Re: Cancellation, refund or reduction of municipal taxes. Advising of notification received that the particular section of The Municipal Amendment Act dealing with cancellation of taxes has been amended to provide that the duties of a City Council may, by by-law, be transferred to The assessment Review Court; requeating the direction of Council. ORDERED on the motion of Aideman Thomson, seconded by Alderman Hsrrigan that the report be received and filed and the City take advantaSe of recent amandments to The Municipal Act which provide for the transfer of responsibility for cancella- tion, reductipn or refund of taxes to The Assessment Review Court. -5- Reports (Coot'd) No. 25 - City Manager - Re: Site Plan Approval, Block E, Plan NS15, Heritage Homesteads Subdivision. Recommending approval of the revised site plan as submitted. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 26 - City Mansger - Re: Site Plan Approval AM-5/73, Proposed Apartment Building. D.D'Addio, Corner Corwin and Drummond Road. Recommending approval of the site plan as submitted. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted No. 27 - City Manager - Re: Federal and Provincial Tax Audit. Reconmending acceptance of the proposal of Professional Sales Tax Consultants Ltd. to perform an audit to ensure full recovery of all tax rebates. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted. No. 28 - City Manager - Re: Rental of Trucks for Snow Removal. Recommending that staff be authorized to join with the Region in an attempt to negotiate with non- members and members of Niagara Regional Aggregate Haulers Association,the hourly truck rates for the remainder of the winter season; the new rstes to be subject to approval by the City and the Region and public tenders called later in the year. The report indicates that, failing a negotiated settlement, staff would immediately initiate public tenders which would include the 1974-75 winter season. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Christensen that the report be received and adopted. No. 29 - City Manager - Re: Communication Recording System, Main Fire Hall, Morrison Street. Recommending acceptance of the proposal submitted by Dictaphone Corporation in the amount of $9,885.73 including installation. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.4 No. 30 - City Manager - Re: Lots 544 and 545 on Wainbrenner Road, Plan No. 260 (formerly Plan No. 11 for the Village of Chippawa) Advising that Lepp& Sons Buildershas'nOw executed an agreement with the City providing for the payment of the installation of services and any necessary adjustments when the actual cost has been determined; recommending approval of a by-law to authorize the executive of the agreement. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and adopted. See By-law No.74-13 No. 31 - City Manager - Re: 1973 Annual Report - Building Department. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the report be received and filed. No. 32 - City Clerk - Advisory Report. The report reconnnends approval of the Niagara Falls C.G.I.T. and Canadian Cancer Society Tag Days and provides infor- mation regarding a Niagara Regional Peace Conference, Canada Week, the Regional interim levy by-law and a Regional function report in respect to the Beechwood Road bridge over the C.N.R. tracks. A report of the City Manager regarding the exit from the Rainbow Bridge and the decision of the Ministry of Transportation and Communications to retain the median strip is also included. Alderman Puttick suggested the City continue efforts to have the median removed to allow left turns from the Rainbow Bridge onto Falls Ave. and commented on the impact of the International Centre in Niagara Falls, N.Y. It was moved by Alderman Thomson,seconded by Alderman Smeaton that the Advisory Report be received and adopted. The motion was amended on the motion of Alderman Puttick, seconded by Alderman Christensen to provide for continuing efforts by the City to have the ~alla Ave.madisn,removed and provide the Ministry with information regarding the impact of the Niagara Falls N.Y. International Cantle. The motion, as amended, Carrie__dwith Alderman Walker voting contrary and all others in favour. No. 33 - City Clerk - Recommending approval of Municipal Liceuces. ORDERED dn the motion of Alderman Thomson, seconded by Alderman Runt that the report be received and adopted and licences Braeted. - 6 - By-laws (Coni'd) Reports (Cont'd) No.7.4-13 - A By-law to authorize an agreement with Lepp& Sons Builders Limited No.34 - City Manager - Recommending payment of Municipal Accounts. respecting the installation of services on part of Weinbrenner Road. ORDERED on the motion of Alderman Mann, seconded by Aldernmn Hunt that the ORDERED on the motion of Alderman Harrigan, seconded by Alderman Keighan report be received and adopted. ~ that Alderman Hunt be granted leave to introduce the By-law and the By-law be given BY-LAWS ~ a first reading. Carried Unanimousl~ No. 74-8 - A By-law to provide for an interim levy of taxes. ~ ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that ORDERED on the motion of Aldernmn Hunt, seconded by Aldernmn Schisler the By-law be now given a second and third reading. that Alderman Mann be granted leave to introduce the By-law and the By-law be I Carried Unanimousl~ given a first reading. Carried Unanimously ~ No.74-14 - A By-law to amend By-law No,3790, being a By-law for the regulation of , traffic.(No Parking,MacDonald Ave.,Stamford St.,Hamilton St.,Fredrica Street) ORDERED on the motioh of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen Carried Unanimously that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given a first reading. Carried UnanimouslZ No. 74-9 - A-By-law to provide for the collection of interim taxes for the year 1974. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler ~ that the By-law be now given a second and third reading. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that ~ Carried UnanimouslZ Alderman Schisler be granted leave to introduce the By-law and the By-law be No.74-15 - A By-law to provide monies for general purposes. given a first reading. Carried Unanimously ~ ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt i Alderman Hunt be granted leave to introduce the by-law and the by-law be given s that the By-law be now given a second and third reading. ~ first reading. Carried Unanimously Carried Unanimously ..  ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen No. 74-10 - A By-law to establish certain lands in Registered Plans N. S.11 and that the By-law be now given a second and third reading. ~ Lester B. Pearson Park. Carried UnanimouslZ ORDERED on the motion of Alderman Schisler, seconded by Aldermen Smeat, ! RESOLUTIONS that Alderman Thomson be granted leave to introduce the By-law and the By-law be No.3 - HARRIGAN-SMEATON - RESOLVED that WHEREAS the development of the Toronto given a first reading. Carried Unanimously Island Airport as a STOLport to permit the use of short take-off and landing aircraft is of utmost importance in order to relieve already congested international airports; ORDERED on the motion of Alderman Thomson, seconded by Alderman Harrigan that the By-law be now given a second and third reading. AND WHEREAS the development of INTERSTOL services would bring those Canadian cities with limited aircraft landing facilities within minutes of each other; Carried Unanimously t AND WHEREAS the concept of the development of national INTERSTOL services opens exciting possibilities for the development of inter-city air transportation and No. 74-11 - A By-law to appoint the members of the Board of Management for the our Country; Main and Ferry Business Improvement Area. NOW THEREFORE BE IT RESOLVED that the Minister of Transport for Canada, the Premier ORDERED on the motion of Alderman Mann, seconded by Aldernmn Schisler i! of Ontario and the Toronto Marbout Commission be requested to take the following that Alde~mn Hunt be granted leave to introduce the By-law and the By-law be if action to establish the Toronto Island Airport as a STOLport, namely, given a first reading. Carried Unanimously ; Ca) the early preparation and licensing of the Toronto Island Airport as a STOLport ~ and as a direct link between downtown Toronto and other sourher Ontario cities; ORDERED on the motion of Alderman Hunt, seconded by Aldermap Christens~l that the By-law be now given s second and third reading. (b) the early construction of suitable vehicular access across the Western Channel i linking the STOLport with the mainland; Csrried Unanimously ,4 (c) the equipment of the STOLport with the necessary nsvigational aids and terminal No. 74-12 - A. By-law to appoint the members of the Board'ofManagement for the i guidance facilities essential for safe, regular service under all weather 'Downtown Business Improvement Area. i conditions with STOL airplanes; and ORDERED on the motion of Alderman Wallace, seconded by Alderman BE IT FURTHER RESOLVED that eopies of this resolution be submitted to the Association Christensen that Aideman Hunt be. granted leave to introduce the By-law and the t of Municipalities of Ontario for endorsement and support; AND the Seal of the B~-law be given a first reading. Gorporation be hereto affixed. Carried Unanimouslz Csrried Unanimously ORDERED on the motion of Alde~man Hunt, seconded by Alderman Christens{ that the By-law be now given a second and third reading. Cnrrted Unanimously Resolutions (Cont'd) No. 4 - PUTTICK - HUNT - RESOLVED that the proposal submitted by Dictaphone Corporation in the amount of $9,885.73 for the supply and installation of a communication recording system for the Main Fire Ha 11, Morrison Street, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 5 - {HR~E~ENSEN - THOMSON - RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Florence Duncan Mathieson, s respected resident of the Municipality for many years; AND the Seal of the Corporation be hereto affixed Carried Unanimously No. 6 - HARRIGAN - SMEATON - RESOLVED that WHEREAS the Chairman of the Niagara Fall Public Library Board recently announced that Eunice Lady Oakes has provided for the new public library now being constructed, sufficient funds to permit the completion of a "local history room" together with an adjoining pioneer garden; AND WHEREAS this contribution will add significant meaning and beauty to the new building and will serve as an expression of the continuing interest of the Oakes family in the civic and cultural life of the City; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls express on behalf of all its citizens, sincere appreciation to Lady Oakes for her kindness. This gift will join with the many others made by the Oakes family in becoming living memorials to the close friendship we have enjoyed; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 7 - THOMSON - CHRISTENSEN - RESOLVED that WHEREAS recent announcements made by a number of Ontario municipalities indicate a lack of uniformity between munici- palities of comparable size in the amount of remuneration paid to the members of Council; AND WHEREAS increases voted by the elected representatives to themselves often initiate inequities between comparable municipalities and foster suspicion and distrust in the minds of the public; AND WHEREAS the Province of Ontario has both facilities and expertise for carrying out a study to provide for a scale of remuneration for municipal elected repre- sentatives based on population, with appropriate allowance for reasonable periodic increments; NOW THEREFORE BE IT RESOLVED that the Government of the Province of Ontario be requested to initiate, either itself or through a private consultant, a study of remuneration paid to members of municipal councils and, further, that based on the results of such a study, the Province establish a scale of remuneration for municipalities based on population, together with rea80nable periodic increments; AND FURTHER, that copies of this request be submitted to Ontario cities and the Association of Ontario municipalities for endorsation; AND the Seal of the Corporation be hereto affixed. During the discussion, Alderman Schisler expressed the opinion that members of Council can Justify increased remuneration and should retain the right to do so, During consideration of the report on election procedures, Alderman Walker had also spoken about aldermanic salaries and suggested it may be necessary to "raise the ante" in order to attract candidates with young ideas and to have .. : ermenManne,Pattick,Schist~u%%{X~E~lker' ,]AND DIVISION C(X~MITTEE Alderman Christensen asked how the newly formed Land Division Committee could Justify its membership which included three representatives from Port · Colborne, three from the TOwn of Thorold and only one member from the City of Niagara Falls. Mayor Bukator stated that a Planning Committee resolution pro- vided for the appointment of twelve members to the committee, one from each area - 9- Land Division Committee (tout'd) municipality, however when the decision was made to increase the membership to seventeen, the Chairman of the Planning Committee named the seventeen members. The Mayor also advised that although one member was listed as having a Port Colborne address, he actually lived in the Township of Wainfleet. CHIPPAWA TOWN HALL Aldermen Christensen requested a report in respect to water leaks and damage to walls and windows of the former Chippays Town Hall now occupied by petersen's Woodcraft. LYON'S CREEK PARKWAY In response to questions by Alderman Hunt, the City Manager confirmed that the City Solicitor was attempting to establish the status of Lyon's Creek Parkway through the Registry Office. PEW PROPERTY - LUNDY'S lANE AT DORCHESTER ROAD Alderman Puttick questioned the status of property located at the south-west corner of Lundy's Lane and Dorchester Road. The property had been subject to rezoning to permit construction of an apartment building and a small commercial complex. The application affected the unopened road allowance known as Pew Street. The Alderm~n questioned the advisability of rezoning property for a specific purpose if the development does not proceed. He suggested that Council's approval of the rezoning application had increased the value of the property and asked if it was the intent of the developer to proceed with the proposal as submitted or if the rezoning was requested for speculation purposes. The City Manager replied that the City had retai~ed ownership of the road allowance and it was his understanding that new developers were involved in the project. NIAGARA SQUARE SHOPPING CENTP,~ NEW POLICE BUILDING Alderman Puttick questioned several statements contained in an address by the City Manager relating to construction of the proposed police building and the Niagara Square shopping plaza. The Alderman commended the City Manager for his optimistic approach but suggested that definite commitments not be given until the Municipality is assured that both projects will be approved and construction con~enced. The City Manager indicated that the opiniomexpressed were his personal remarks and beliefs and should not be construed as political statements. In his opinion, both projects will be considered and approved during the current year. Alderman Wallace said any discussion relative to the police building is premature and suggested no further comment be made until such time as the special conmittee meets with the Board of Commissioners of Police to obtain firsthand information regarding the matter. ADJOURNMENT The meeting adjourned on the motion of Alderman Thomson, seconded by Alderman Walker. READ AND ADOPTED Clerk Mayor THIRD MEETING Council Chambers, February 4, 1974. REGULAR MEETING Council met on Monday, February 4, 1974, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present with the exception of Aiderman Puttick. Alderman Walker offered the Opening Prayer. ADOPTION OF MINUTES The minutes of a regular meeting held January 21, 1974, were adopted as printed on the motion of Alderman Thomson, seconded by Alderman Mann. DEPUTATION WELCOME WAGON Mrs. Emma Besrss was granted permission to address Council on the motion of Aldernmn Christensen, seconded by Alderman Hunt. Mrs.Bearss described the Welcome Wagon program as a business built on a service to welcome newcomers to the Municipality and assist brides and new parents. Civic material provided to newcomers includes letters of welcome, information ~ respecting the police department, fire department, local churches, transit system schedule and complimentary tickets, the City's recreation calendar and An applica- tion for a library card. Welcome Wagon represents several local merchants who sponsor visits and Mrs. Bearas pointed out that it is the sponsors who make the service possible. She suggested the City give consideration to making sufficient copies of the recreation calendars and city maps available for inclusion in the kits. Mrs. Bearss introduced Mrs. Sandra Dunn and Mrs. Ruth Wilson, Welcome Wagon hostesses. A motion of thanks to Mrs.Bearss by Alderman Ketghan, seconded by Alderman Harrigan, carried unanimously. UNFINISHED BUSINESS ACCESS TO DORCHESTER ROAD FROM BRIAN CRESCENT Report #16 - City Manager - Re: Request of residents of McGill Street for alternate access to Brian Crescent. Submitting information and reports relating to the liability of the City with respect to claims for injurious affection; development of the area; the costs and alterna tires involved in providing a permanent roadway using lands owned by the City and the acquisition of additional properties and other pertinent information. Report #35 - City Solicitor - Re: Dell Subdivision, R.P. N.S.27 and Proposed Extension of Brian Crescent. The report indicates that the opinion of the City Solicitor remains as set out in a previous report, namely, that the establishing =and construction of the new street would likely involve the City in defending claims for injurious affection which could be substantial and there is a potential liability for these claims and the cost of defending them. The report also advises that no assurance can be given to Council as to the final result of such claim.s. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that Mr, A. L. McKechnie be granted permission to address Council. Mr. McKechnie expressed the view of a number of concerned ratepayers of the McGill Street area regarding increased traffic and noise as well as hazardous conditions for children as a result of the elimination of an alternate access to Dorchester Road from the Dell Subdivision. At the time of the Committee of Adjust- ment hearing, he said, it was understood there would be access to the subdivision from Dorchester Road and residents of the McGlll Street area were not informed when the roadway was eliminated from the plans. Mr. McKechnie said the road allowance north of the fireball has been there since 1964 when the Dell family applied for a severance initially. A plan produced by the developer of the property at the Committee of Adjustment hearing, he suggested, was evidence of how the property was going to be developed. Legal opinions obtained by the ratepa~ers suggested - 3 - - 2- Report #35 (Centtd) that future residents of Brtan Crescent would not have a claim against the City for injurious affection and the City would be successful if such claims were asserted. Mr. MeKechnie did net agree with the position of City staff that a street adjacent to the firehail would create too many intersections on Dorchester Road and suggested the flrehall location would be less hazardous than McGill which would carry most of the Dell subdivision traffic, He asked Council to henour the intent of the developer and safeguard the rights of the ratepayers of the area by approving construction of a permanent roadway to provide access to Dorchester Road from Brian Crescent. Following considerable discussion during which members of Staff responded to many questions by members of Council, it was moved by Alderman Wallace, seconded by Alderman Smeaton that the reports of the City Manager and the City Solicitor be received and filed and City staff be instructed to initiate all necessary steps to amend Registered plan N.S.27 to provide a permanent roadway from Brian Crescent to Dorchester Road using an existing 66 road allowance north of the Dorchester Road Fireball in accordance with alternate "A" outllned in the City Manager's Report dated November 13, 1973 and, further, that this decision is not to be considered as a precedent in dealing with sub- sequent requests for the provision of road allowances. The motion was Defeate______~d with the following vote: AYE: Aldermen Christensen, Fera, Harrigan, Smeaton, Wallace. .NA_.'.~___:Aldermen Runt,Mann, Keighan, Schisler, Walker and Thomson. OAKWOOD GOSPEL HALL Report #635 (1973) - planning and Development Committee - Re: AM-27/73 Oakwood Gospel Hall, Lots S,9,10 and ll, Adams Ave. and Hawkins St. An application for rezoning to permit the erection of a garage to house a bus. Report #36 - City Clerk - Advising that following the usual procedure of notify- ing property owners within 400 feet of the Oakwood Gospel Hall property, four letters of objection were received; requesting the direction of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Schtsler that the report be received and filed and Council reaffirm sn earlier decision to approve the application of Oakwood Gospel Hall and the application, together with the objections received, be forwarded to the Ontario Municipal Board for considera- tion. NIAGARASQUARE Report #37 - City Solicitor - Re: Niagara Square and Ontario Municipal Board 'Rearing of Motion for Directions. Advising that the Board fixed Monday, April 29th as a tentative date for the hearing of the City's applications and has set aside four weeks for the hearing; the Board fixed Monday, April lot to determine the state of readiness of the City's applications and also the state of the Regional Official Plan and indicated the Regional Commercial Policy will need to be approved by the Minister or referred to the Board to be dealt with at the same time as the City~s applications; the motions of interested persons should be done prior to April lot as the Board wishes to know by that date whether there are any outstanding issues and the Board stated that it expects the Regional Municipality will take an active role at the hearing. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the report be received and filed. ANTI-POVERTY COALITION CONFERENCE Comm.~7 Ontario Anti-Poverty Coalition Conference . RequeSting the City's - support by making it possible for three low-income delegates to attend the conference in Toronto, Februsty 15th to 17th,1974. Report #38 - City Clerk - Suggesting if the City Council considers local partici-( pation is warrantads the request be granted on the following condition: that written confirmation be received prior to the granting of funds that represents' rives of the City will make a full presentation to the City Council at a future Council Committee meeting following the Anti-Poverty Coalition Conference. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received 'and adopted. The motion Carrie~dwith the following vote: AYE: Aldermen Christensen, Hunt, Fera, Mann~ Keighan, Smeaton, Schisler, Walker, ~_~__YE: Aldermen Wallace and HarriSan. UNFINISHED BUSINESS (Cent'd) NIAGARA SOUTH RECREATION COMPLEX Report #39 - City Manager - Referring to an earlier report which recommended the original bid of Niagara River Construction Ltd. be reduced by removing items from the contract which were considered desirable but not vital; one of the items removed was the number of dressing rooms; advising that the matter has been given further consideration and the cost of constructing the additional two dressing rooms at this time is $6,000.; suggesting the additional dressing rooms be put back into the contract and the required monies be taken from the project's contingency fund of $15,000; recommending Council approve the necessary arrange- ments to have the six dressing rooms built as originally planned. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted. COMMUNICATIONS No. 11 - McCollum McGowan Construction Ltd.- Re: Phase 1,Niagara South Recreation Complex - Cormnents re: Instructions to Bidders and refund of deposit. No. 12 - Ontario General Contractors Association - Endorsing the position taken by McGollumMcGowan Construction and suggesting the deposits for tendering documents should be fully refundable; requesting that the deposit be refunded to McCollum McGowan and the City's policy be reviewed and revised. No. 13 - G.Goulty,D.N.Chapman Associates,Architects - Providing clarification of the tender specifications and procedure for Phase 1 (Arena Building) Niagara South Recreation Complex. It was moved by Alderman Thomson, seconded by Alderman Fera that the communications be received and filed, a copy of Mr. Goulty's letter together with a full explanation be forwarded to McCollum McGowsn Construction Co. and the firm's one hundred dollar deposit for plans and specifications not be refunded. The motion Carried with the following vote: AYE: Aldermen Fera, S~Walker, Thomson, Wallace,Harrigan. NAY'E: Aldermen Christensen, Hunt, Mann, Schisler, Keighan. No. 14 - J.A.Strassman - Comments re: Commercial operations on Crawford Street. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the communication'be received and referred to staff for a full investigation by the By-law Enforcement Officer and report to Council. No. 15 - Chamber of Commerce - Advising that the election of officers has been finalized with the following results: Mrs.Judy Loberg,President; Mr,George Dalby, lot Vice President; Mr.George Farrell,2nd Vice President; Mr. Ron Perkin, 3rd Vice President; Mr.George Loring, Treasurer. The communication also extends an invitation to members of Council to attend the monthly board meetings on a rotstional basis. ORDERED 'on the motion of Alderman Thomson, seconded by Alderman Hunt that the communication be received and filed and the invitation to attend the Chamber of Commerce Board of Directors meetings be accepted. No. 16 - Regional Municipality of Niagara - Re: Regional Niagara Policy Plan. ORDERED on the motion of Alderman Fera, seconded by Alderman Mann that the communication be received and the Regional Niagara Policy Plan be referred to the Planning and Development Committee for consideration and a request to report to Council as quickly as possible. REPORTS No.40 - City Clerk - Report of the Council Committee. Recommending that Council ratify the decision of the Council Committee to approve, in principle,the concept of the project '~orlds of Jules Verne" and direct members of staff and the planning and Development Committee to enter into discussions with Mr. R. Perkin and staff of A.F.Atherton and Associates to prepare liason program to investigate (site location (2) summary (3) traffic generation and accormnodation (4) anticipated development and (5) other matters as may be deemed advisable. ORDERED on the motion of Aldermen Mann, seconded by Alderman HUnt that the report be received and adopted. -4- Reports (Cent'd) No. 41 - Mayor George Bukator - Re: Railway Relocation Committee. Suggesting the continuing participation of the Niagara Falls and District Labour Council would be of benefit to the Committee and recommending the newly-established Railway Relocation Committee membership be enlarged to include a representative from the Labour Council. ORDERED on the motion of Alderman Walker, seconded by Alderman Schisler that the report be received and adopted. No. 42 - Planning and Development Committee - Re: AM-12/70 H.J.Somerville,Pt. Lot 1, Plan 251, corner Cummingten Square and Main Street. An application to permit the sale of used cars and a leasing operation as an ancillary use to an existing garage; recon~nending that Council confirm that the application does conform to Official Plan Amendment No. 30 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. See By-law No.74-21 See Resolution No.8 No. 43 - Planning and Development Committee - Re: AM-51/73 F.Pingue, Lot 173, north side McLeod Road. A rezoning application to permit construction of a three-storey, 24-unit apartment building; recommending approval of the applica- tion subject to a site plan agreement and that 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 Thomson, seconded by Alderman Mann that the report be received and adopted. See By-law No.74~19 See Resolution No.9 No. 44 - City Manager - Re: Private Bill. Suggesting two changes to the draft Private Bill submitted to the Council Committee, namely, a new clause to the Greater Niagara Transit Commission Act to read'(c) subject to The Highway Traffic Act and The Public Vehicles Act, and insofar as the legislative authority of the Legislature extends to confer such power, to transport and convey passengers throughout, and to and from, and outside Ontario, whether by chartered trip or otherwise;" and, further, that subsection 1 of section 2 of the draft Bill be revised to substitute "in any year" rather than "in the year 1974" in respect to the Queen St. Mall; recommending approval of a by-law to authorize the application for a Private Bill. ORDEP. ED on the motion of Alderman Christensen, seconded by Alderman Walker that the.report be received and adopted. See By-law No.74-17 No. 45 - City Mansger - Re: Exemption of property from part lot control. .Recommending approval of a by-law appearing later on the ageride to exempt Lots 48 to 73 inclusive and Lots 147 to 164, inclusive, of Registered Plan N.S.39 (Ascot Woods) from part lot control; recommending further that any costs arising from the registration of the by-law following its approval by the Ministry, be assumed by the applicant. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the report be received and adopted. See By-law No,74-18 No, 46 - City Manager - Be: Solar Subdivision, north of Riall St. Recommending the firm of DeLeuw Cather be engaged to carry out the required engineering in the Solar Subdivision. The report indicates it will be necessary for the City to enter into an agreement with the consulting engineer end the.subdivider would be required to deposit monies so payment can 'be made to the consulting engineering firm. ORDERED on the motion of Alderman Schisler, seconded by Alderman Walker that the report be received and adopted. No. 47 - City Manager - Ne: Proposed Transfers of Road Allowances to the City of Niagara Falls by the Ministry o£ Transportation and Communications. Advising that the M.T.C. has officially requested the City to assume Greendale Ave., part of Belmont Ave., part of Royal Manor Drive including the renovated bridge across the }lydro Canal, the relocation of part of Fredtics Street, the construction of a cul-de=sac at the west end of Bellevue Street and the re=alignment of Belmont Ave. north of W artless Street; advising that during reconstruction of certain of these roadways by the M.T.C., existing manholes and other ntilities which were relocated under a City contract, were buried under asphalt and it will now he necessary for these appurtenances to be raised. The report recoMnends Chat, -5 - Report ~47 (Cent'd) subject to the M.T.C. raising appurtences buried under asphalt and providing necessary survey plans and property descriptions for the new roadways described in the report, a resolution be passed accepting the sections of roadway and a copy be forwarded to the Ministry of Transportation and Communications. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received and adopted. See Resolution No.t0 No. 48 - City Manager - Re: Land Required for Expansion of Pollution Control Plant. Recenthanding (1) that the City agree to the sale of that acreage of land remaining after parking has been provided as indicated in proposal "A" or "B" attached to the report; (2) the Region be requested to indicate its preference of the parking arrangements shown on the attached drawings or any other agreeable parking arrangement and (3) an opinion of value or appraisal as deemed necessary, be obtained for the lands required by the Regional Municipality of Niagara. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted and City officials be authorized to negotiate with Ontario Hydro for the acquisition of a triangular-shaped 1,65 acre parcel of land located north of the Municipal Service Centre. The motion Carried with Alderman Wallace voting contrary and all others in favour. No. 49 - City Manager - Re: Lot 46, Stamford industrial Subdivision, Plan 160. The report indicates that the solicitors for the present owners of the property have advised that the deed from the former Township of Stamford does not bear the corporate seal of the Township and have requested a new deed be given by the City to remedy the oversight; recommending approval of a by-law to authorize the execution of a new deed. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that the report be received and adopted. See By-law No.74-2~ No. 50 - City Manager - Re: Prohibition of the sounding of railway engine whistles at the Swayze Drive and Stanley Ave. crossings of the C.N.R.(Welland Subdivision) line; recommending the required by-law be passed and submitted to the Canadian Transport Commission for approval, ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. See By-law No.74-24 No. 51 - City Manager - Re: Parking on Hamilton Street. Recommending the prohibition of parking on the north side of Hamilton Street from Stanley Avenue easterly 163 ft. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and adopted. No. 52 - City Manager - Re: Parking on Barker Street. Recommending the existing parking prohibition he extended on the north side of Barker Street at all times from Main Street 94 feet westerly. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Smeaton that the report be received and adopted. No. 53 - City Manager - Re: Parking on North Street. Recommending that parking be removed from the south side of North Street from Lowell Avenue 100 feet westerly, the prohibition to be in effect at all times, ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton tha't the report be received and adopted. No. 54 - City Manager - Re: Parking on Clifton Rill. Recommending the prohibition of parking on the south side of Clifton Hll from the Park Hotel driveway easterly to 10 feet east of the fire hydrant, ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and adopted, Report No. 55 - City Manager - Re: Parking on Zimmerman Avenue. Recommending that parking meters be installed on the west side of Eimmerman Avenue between Bridge St. and Park SC. in accordance with By-law 72-132. The meters to operate from 8:00 e.m. to 6:00 p.m. exclusive of Sundays and Holidays and to provide for a maximum parking period of two hours. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and adopted. ' -6- Reports (Cent'd) No.56 - City Manager - Re: Parking Restrictions on Bridge Street. Recommending the Region be advised that the City has no objections to the prohibition of parking from the south side of Bridge Street between Victoria Ave. and Stanley Avenue. ORDERED on the motion of Alderman Thomson, seconded by Alderman $meaton that the report be received and adopted. No. 57 - City Manager - Re: McGrail Avenue Parking Lot. Suggesting the function of the parking lot is limited because of poor access and, in the long term, it would be advisable to sell the area with the proceeds being used toward the con- struction of a more accessible parking lot which would benefit all businesses in the area; recommending the McGrail Ave. lot be retained temporarily and no decision concerning its disposition be made until after all questions concerning on-street parking in the area have been resolved. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and adopted. No. 58 - City Manager - Re: Ontario Traffic Conference, Elected Representatives Seminar, Toronto, February 28th to March 2nd,1974. Recommending that two members of Council he authorized to attend the seminar. ORDERED on the motion of Alderman Mann, seconded by Alderman Walker that the report be received end adopted and Alderman Thomson and Alderman Hunt be appointed as delegates and authorized to attend the seminar. The Project Engineer, as President of the Ontario Traffic Conference, will also attend. No. 59 - City Manager - Re: Front Street PUmping Station (former Village of Chippaws. Advising that the Ministry of the Environment requires confirmation of certain work by the City before giving consideration to the installation of a larger overflow pipe; suggesting this should be done to provide immediate relief to the area; suggesting also that the remaining work outlined in a letter from the Ministry be undertaken as soon as possible; requesting that Council authorize staff to make a firm commitment to the Ministry of the Environment on the items indicated in the Ministry's letter dated January 23,1974, copy. of which is attached to the report. ORDERED on the motion of Alderman Manna.seconded by Alderman Hunt that the report be received and adopted. No. 60 - City Manager - Re: Site Plan Approval, Proposed Barber Shop and Residence, Corner Lundy's Lane and Brookfield Avenue. Recommending approval of the~ite-plan.as~sObmitted.. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that the report be received and adopted. No. 61 - City Manager - Re: Site Plan Approval, Proposed Addition to Continental Motel~ Ferry Street. Recommending approval of the site plan as submitted. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that the report be received and adopted. No. 62 - City Manager - Re: Site Plan Approval, Proposed Apartment Building, Stamford Construction Co., Pt.Block A, Plan 56, Portage Road. Recommending approval of the site plan as submitted. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern ;that the report be received and adopted. No. 63 - City Manager - Be: Confirmation of Appointment. Advising that Fire Chief S.C.Thomson has now completed the Probationary period of one year snd recommending that Council confirm his appointment as Fire Chief of the City of Niagara Falls~ effective February 1,1974. ORDERED on the motion of Alderman Christensen, seconded by Alderman Marrigan that the report be received and adopted. NOTE: Alderman Themeon abstained from voting. No. 64 - City Clerk - Re: Resolution from other munieipslities. 1. City of London - Requesting the Ontario Traffic Conference to expedite a study and research the problem of blocking of intersections. Recommending the resolution be endorsed and the Ontario ~raffie Conference informed of Council's approval. 2. City of Brar~tford'- Requesting thst the coat of Providing school crossing guards be classified as a school expenditure. RecvenendinS endorsatton of the 3..City of .Windsor - Requesting the Province of Ontario to re-invest OMERS funds. It was noted that the statement of the Treasurer of Oatsrio in October 1973, confirmed the possibility of investins in municipal debentures; recommending the resolution be received and filed. 7. - 7- Report ~ 64 (Cent'd) 4. City of Toronto - Requesting the Lieutenant Governor to appoint a Royal Commission to investigate the activities, practices and/or conduct of the Air Management Branch. Recommending the resolution be received and filed. 5. City of London - Requesting the Treasurer of Ontario to assist in eliminating the delay in having zoning by-laws approved by the Ontario Municipal Board. Recommending endorsstion of the resolution. 6. City of St.Catharines - Requesting the federal government to urge the Govern- ment of the United States to reconsider a decision to withdraw funds budgeted for pollution abatement. Raceamending the resolution be received and filed. 7. City of Windsor - Requesting the federal government to reconsider a decision to reduce the amount of funds allocated for civil emergency measures programs. Recommending that the resolution be endorsed. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report of the City Clerk be received and adopted with the exception that Council endorse the resolution from the City of St.Catharines (No.6) in respect to a request that the federal government urge the government of the United States to reconsider a decision to withdraw funds budgeted for pollution abatement. The motion Carried with Alderman Wallace voting contrary and Alderman Fera voting contrary to the recommendation that the City endorse the resolution from the City of Brantford in respect to the classification of school crossing guard costs as a school expenditure. Report ~65 - City Clerk - Advisory Report - Miscellaneous Items. The report recommends acceptance of an invitation to attend a meeting of the Greater Niagara Senior Citizen Association; participation in Newfoundland's 25th Birthday as a Province of Canada by inserting a one-half page advertisement in the St.John's Daily News; approval of the use of Ker Park by McRae's Softball team and approval of the use of the Bridge Street grounds for the annual Lions' Club Carnival. The report also provides information regarding Sunday selling and uniform store hours and s copy of a letter from Mr. F.C.Chadwick regarding aldermanic remuneration. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the report be received and adopted. No. 66 - City Ckerk - Re: Application of Mr. M. Cappa for a Refreshment Vehicle License for the purpose of selling french fries and popcorn from a vehicle. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and the application be denied. The motion ~arried with Alderman Smeaton voting contrary and all others in favour. No. 67 - City Clerk - Rec~mnending approval of Municipal Litantes. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fern that the report be received and adopted and liceaces granted. No. 68 - City Mar~ger - Reco~ending payment of Municipal Accounts. ORDERED on the motion of Alderman Hunt', seconded by Alderman Schisler that the report be received and adopted. RESOLUTIONS No. 8 - SCHISLER - HUNT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby confirm that the application of H.J.Somerville conforms to Official Plan Amendment No. 30 of the Niagara Falls Planning Planning Area, Chippaws Section, 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. 9 - THOMSON -.MANN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby confirm that the application of F. Pinqua for the property known as Pt.Twp.Lot 173, situated on the north side of McLeod Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Treasury, Economics and Intergovernment Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No.10 - THOMSON - FERA - RESOLVED that W~REAS the Ministry of Transportation and Communications has requested the City of Niagara Falls to assume ownership and responsibility for certain roads constructed by the M.T.C. in conjunction with the reconstruction of the Q.E.W.-Roberts St.-H~ghway 420 interchange; AND WHEREAS the City deems it advisable to assume the subject roadways; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls confirm its ap royal of the assum tion of all or arts of the following roadways: (1)GreenSale Ave. (2)Pert o[ Belmont Ave. (~)Part of Royal Manor Drive,including the renovated bridge across the hydro canal,(4)part of 8 - 8 - Fredrice St. (5)Cul-de-sac at the west end of Bellevue St. (6)Belmont Ave.north of Wanless St.; the aforementioned roadways or parts of roadways to be assumed subject to the following conditions: (a) the M.T.C. raise appurtenances buried under asphalt during constraction and (b) the M.T.Co provide the necessary survey plans and property descriptions for the new roadways; ANDBE IT FURTHER RESOLVED that the Ministry of Transportation and Communications be notified of Council's action in this respect; AND the Seal of the Corporation be hereto affixed. Carried UnanimouSly BY-LAWS No.73-246 - A By-law to authorize the construction of a storm sewer as an ~xtension to the sewage system in the Urban Service Areas of the City. (The By-law was given a first and second reading on October 15, 1973) ~HIRD READING - Alderman Mann and Alderman Hunt. Carried Unanimously No.74-16 - A By-law to amend By-law No.70-134 to regulate the supply of water and to""'~rovide for the maintenance and management of the waterworks and for the imposition and collection of water rates. ORDERED on the motion of Alderman Harrigan, 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 Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously No. 74-1._____.27 - A By-law to authorize an application to the Legislative Assembly of the Province of Ontario for a Private Act. ORDERED on the motion of Alderman Mann, seconded by Aldernmn Schisler 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 blann that the By-law be now given a second and third reading. Carried Unanimously No. 74-1__8 - A By-law to designate certain land not to be subject to part lot control. (Lots NunSera 48 to 73 inclusive and Lots Numbers 147 to 164,incl., Registered Plan N.S.39 - Ascot Woods) 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 a first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt,seconded by Alderman Christense~ ~ that the By-law be now given a second and third reading. Carried Unanimously No.74-19 - A By-law to authorize the execution of a site plan agreement With 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 Aldernmn Hunt, seconded by Alderman Harm that the By-law be now given · second and third reading. Carried Unanimously - 9- By-laws (Cent'd) No. 74-20 - A By-law to amend By-law No. 2530,1960, of the former Township of ~tamford, now in the City of NiagaraFalls, as amended. (F.Pingue) 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 he 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 Unanimouslx No. 74-21 - A By-law to authorize the execution of a site plan agreement with Harry Jos"'eph Somerville and Lynda Isabell Somerville. 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 a first reading. Carried UnanimouslX ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler ~ that the By-law be now given a second and third reading. Carried Unanimouslz No. 74-22 - A By-law to amend By-law No. 974 (1955) of the former Village of Chippawn, now in the City of Niagara Falls, as amended. (Somerville) 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 Unanimousl~ ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimouslz No. 74-23 - A By-law to authorize the execution of a deed to M.Del Ben Construction ~ompany Limited of Lot 46, Registered Plan No. 160 for the former Township of Stamford. ORDERED on the motion of Aldermen Hunt, seconded by Alderman Mann that Alderman Fern be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimousl1 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. 74-24 - A By-law to prohibit the sounding of any railway engine whistle in respect"""'~f certain highway crossings in the City of Niagara Falls. (Swayze and Stanley Ave. crossings of the C.N.R. (Welland Subdivision) line,} ORDERED on the motion of Alderman Smeaton, 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 Unanimousl1 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 - 10 - By-laws (Coni'd) No.74-25 - A By-law to amend By-law No.3790 being a By-law for the regulation of traffic. (Bus Stops) ORDERED on the motion of Alderman Hunt, seconded by AIderman Keighan that Alderman Mann 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 Alderman Christensen that the By, law be new. given a second and third reading. _... ~..--- Carried Unanimously No. 74-26 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Wallace, seconded by Aideman 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 Aideman Christensen that the By-law be now given a second and third reading. Carried Unanimously -NEW BUSINESS BRIDGE ON ROYAL MANOR DRIVE OVER HYDRO CANAL Aldermsn Smeaton referred to Report ~47 which contained comments on his previously expressed concern about the height of the railing on the Royal Manor Drive bridge over the Hydro Canal and the danger to which young children are exposed when using the bridge enroute to school. A conuuunication from the Ministry of Transportation and Conununications indicated the height of the railing is the same as on other bridges of this type and the design is in accordance with recognized engineering practices. The letter suggested the Ministry would have no objections if the City wished to install a railing of some other design at its own expense. It was then moved by Alderman Smeaton, seconded by Alderman Thomson that the City Engineer be authorized to prepare a report regarding the estimated cost of raising the height of the railing of the bridge on Royal'Manor Drive- over the Hydro Canal. The motion Carried unanimously. ~S DRIVE Alderman Thomson reported that at a recent meeting of the Niagara Parks Commission, information was received regs,rding the decision of the Regional Public Works and Utilities Committee that Oakes Drive did not meet criteria for regional roads and therefore could not be assumed by the Region. It was also suggested that as8umption of the road and resulting eligibility for government subsidy would establish a precedent requiring the Region to give consideration to many other roads within the Region presently under the Juris- diction of area municipalities. In view of the Region~s position and Council's concern about the delay in having the road repaired prior to the tourist season and for the convenience of residents 'of the south end of the '-City, Alderman Thomson suggested arrangements should be made as soon as possible for a meeting between City officials and N.P.C. representatives. The Alderman also advised that the Chairman had indicated the Co~mdssion would cons ider a substantial grant to the City for the required repairs if the City assumed responsibility "for the roadway. It was then moved by Alderman Thomson, seconded by Alderman Christensen. that arrangements be made for City officials to meet with representatives of the · NiaSara Parks Commission for the purpose of discussing the possible assumption of Oakes Drive by the City. The motion Carried unanimously. - 11- New Business (Coni'd) INDUSTRIAL SUBDIVISION Alderman Thomson said he was amazed to find that the by-laws regarding construction in the City's industrial subdivision permitted a "quonset hut" type of structure which detracted from the general appearance of the area and existing attractive industrial buildings. He suggested steps should be taken immediately to amend the by-laws to insure that the design of future buildings will not cheapen the industrial subdivision. The matter was referred to the City Manager for a report. Information regarding a Burlington firm interested in renting space in the City's industrial subdivision was submitted to the City Manager by Alderman Christensen. The new industry will require 10 - 15 employees to start. The Alderman indicated that if sufficient space was not available for rent within six months, he knew of a developer who would be willing to build according to the company's specifications. INSURANCE COVERAGE FOR ELECTED OFFICIALS AIderman Hunt questioned if members of Council were included in the Municipality's insurance coverage while on City business. It was indicated a report will be presented to Council at a future meeting. LIGHTING AT SODOH ROAD INTERCHANGE Alderman Hunt conunented on the inadequate lighting at the Sodom Road - Q.E.W. interchange as compared to the excellent lighting provided at the Bowen Road intersection. Mayor Bukator suggested that Council solicit the assistance of the Hon. John T. Clement in such matters. Resolution No.ll - SMEATON - HUNT - RESOLVED that WHEREAS present street lighting provided at the intersection of the Q.E.W. and Sodom Road is inadequate thereby creating a hazardous situation during the hours of darkness; AND WNENEAS the City of Niagara Falls has requested representatives of the Ministry of Transportation and Communications to initiate improvements to the present lighting; AND WHEREAS this particular intersection has been the site of a number of accidents; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petition the Ministry of Transportation and Communications to undertake immediate improvements to the lighting at the interchange of Sodom Road and the Queen Elizabeth Highway; AND BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Honourable John T. Clement, Minister of Consumer and Commercial Relations for his support and assistance; AND the Seal of the Corporation be hereto affixed. Carried Unanimously . DOG TAGS Alderman Hunt noted that dog licences are now due and commented on the number of dogs running at large within the municipality. Alderman Christensen, a City representative to the Humane Society, advised that the matter will be dealt with at the February 20th meeting of the Society. COMMENTS OF ALDERMAN WALLACE Alderman Wallace referred to his earlier request for s report regarding sidewalk ploughing as well as a report regarding a suggestion that the City purchase new and more varied playground equipment. The Alderman suggested that the reports be submitted prior to the budget meeting. The City Engineer indicated the matter of sidewalk ploughing would be discussed at the next Council Committee session. - 12- A~OURN~EI~ The meeting adjourned on the motion of Alderman Harrigan, seconded by Aldern~n Christensen. I~ AND ADOPTED, :lark Mayor FOURTH MEETING Council Chambers, February 18,1974. REGULAR MEETING Council met on Monday, February 18,1974, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor George Bukator presided as Chairman. All members of Council were present. Alderman Schisler offered the Opening Prayer. ADOPTION OF MINUTES The minutes of a regular meeting held February 4, 1974, were adopted as printed on the motion of Alderman Mann, seconded by Alderman Schisler. DEPUTATION Mr. Edison C. Sherar was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Puttick. Mr. Sherar expressed opinions about increased taxes and the increased cost of such basic necessities as food, water and fuel. He provided statistics regarding the 1973 cost of living increase of 8.7%, led by a 17% increase in the , price of food. While the weekly wage rose $12.08, buying power was reduced by $1.27. Mr. Shetar was concerned about the January 1974 8% increase in the cost of living and suggested old age pensioners are in dire need of tax assistance. He commented on recent water rate increases and urged Council to appeal to the regional and provincial governments to have the increases repealed. He also noted that in 1972 the projected tax levy for Metro Nisgara was 11.5 million dollars; in 1973 12.7 million dollars and the 1974 estimates have been revised upwsrds to 16 million dollars. He said that everyone will be affected by increased spending and there are 6,250 residents over 65 years of age in the City of Niagara Fslls and persons earning less than $5,000 yearly -I affected now.Mr. Sherar suggested the City create, as soon as possible, a tax assistance plan for the elderly receiving old age supplement. He estimated that approximately 500 home- owners would qualify for such assistance. Referring to the City's 1973 Operating Budget, he noted that payments from other governments for taxes or grants have increased very little. Grants for the international bridges, for instance, have remained the same since 1971 and Ontario Hydro tsxes were increased by a mere 1~%. He suggested that government taxes should be completely reviewed, that City department budgets be drastically cut and spending limits be self-imposed. Mayor Bukator expressed his continuing concern for the welfare of the elderly in the community and advised of two reports being prepared by staff in this respect. Alderman Wallace questioned some of Mr. Sherar's statements pointing out that taxes in the larger portion of the City were reduced in 1973. He said that while it was correct that revenue from the provincial government by way of taxation for bridges had remained constant, in 1973 the City kept expenditures to less than 8~ov~r6~,e previous year's spending and had qualified and received a provincial grant of $760,000. The water rate increase, he said, was approved by Council after hours of questioning and thorough discussion and is barely enough to cover the cost of the water system operation at the most economic level poasible~ Alderman Keighan stated that all levels of government throughout the country are faced with the same problems. Material shortages, he said, are used as an excuse to raise prices. The Alderman commented on the difficulties of providing all the things residents want and, at the same time, keep taxes down. He noted the City was eompelled to pay additional money for steel for the new library construction or stand to lose certain grants. He suggested this matter as well as other alleged commodity shortages shouM be investigated. Alderman Puttick suggested more active participation by Council in eontrolling spending and salaries. Alderman Harrigan said the basic problem was the demand for services which must be paid for. It was impossible, he said, to hold the line or reduce taxes and still approve major projects involving capital and current expenditures. UNFINISHED BUSINESS COMPIAINTS OF MI{. STRASSI4~N - CRAWFORD ST. C~,mk. No.14 - Mr.J.A.Strasaman - Con~ents re: C~ercial Operations on Crawford St. Report No.69 - City ~ger - Providing informtion regarding Mr. Strass~n's complaints to City Hall regardinS the condition of certain buildinSs and properties Im m Report ~69 (Cont'd) on Crawford St. and the nmnner in which the complaints were handled by members of staff. ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Hunt that the report be received and filed and a copy forwarded to Mr. Stressman. NIAGARA COLLEGE EXTENSION COURSES Conm.#6 - Niagara College of Applied Arts and Technology - An invitation to attend a meeting to discuss the possibility of offering a variety of extension courses in the City of Niagara Falls. Report #70 - City M~nager - Advising of the results of a meeting artended by thirty interested citizens and the establishment of a Citizens Advisory Cormnittee to consider the re-establishment or initiation of new courses in Niagara Falls. ' ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the report be received and filed and further information be made available to Council as the programs develop. REGIONAL LICENSING OF pLUMBERS AND MASTER pLUMBERS Con~n.#137 (1973) - Mechanical Contractors Assoc. - Re: Municipal plumbers , Licenoes and Master plumbers Licenoes. Requesting that regional licensing of plumbers be considered and recognized by all municipalities within Regional Niagara. Report #71 - City Manager - The report suggests a change in the present system would result in the loss of a certain degree of control and a less effectual method of enforcement; advising that a new plumbing by-law is being prepared to provide for more uniform regulations and fees within the Region; recommending that the City of Niagara Falls not support the request of the Mechanical Contractors Association. ORDERED on the motion of Alderman Schisler, seconded by Aldermen Thomson that the communication be received and filed and the report of the City Manager be received and adopted. COMMUNICATIONS No.17 - Dorchester Esso Service - Re: Relocation of Falls View Fire Mall. Suggesting a large cement block building owned by Mr.J.Serotiuks president of Dorchester Car Sales and Service, frontinS on Dorchester Read would make an excellent fire hall; also suggesting the possibility of an exchange of properties! Mr. R. Wilson, spokesman for Mr. Serotiuk, was granted permiss ion to address Council on the motion of Alderman Schisler, seconded by Alderman Smearone- Mr. Wilson asked Council to give consideration to Mr. Serotiuk's suggestion pointing out that the property fromring on Dorchester Road is 100 x 15~ and the huilding provides 7000 sq.ft.of space. The building is air oonditioned,'~ gas heated and is equipped with pollution control equipment. In addition a 2~" water line and 6" sewer line are installed. The building is only 1000' from the McLeod Road-Dorchester intersection and would allow good traffic movement in area. Mr. Wilson suggested that the proposed site on Jubilee Street, in view of foretasted growth of the area, would create an unsatisfactory traffi~ condi- tion which would be further complicated with the completion of the Q .E.W. inter- ~ change. He advised that Mr. Ser~t~uk is willing to consider purchase of the JubilleeSt. site and the present Dunn St. firehall property. If rec~ended by Council, he is also willing to relocate the front doors to the' east side of the building. When asked to comment Fire Chief Thomson advised that the property had been inspected and it was determined that renovation costs would be exorbitant and would not fully meet the requirements of the Fire Department. It would be necessary to relocate and install new doorways, remove a Bless showroom . and mezzanine, completely renovate the interior and remove a concrete block bearing wall and install beams. He also commented on the difficulty in manoeuvrinE fire equipment onto Dorchester Road to reach the McLeod rood inter- section. The Fire Chief also indicated that the Jubilee St. site had been approved by the Fire Marshall and is ideally located to service the Ford Plant, the Industrial Park and the entire general area. Estimated costs indicated it would be less costly to build on Jubilee St. than to purchase and renovate the Serotiuk property on Dorchester Road. "- It was then moved by Alderman Smeaton~ seconded by Alderman Mann that the consnunication be received and filed and Nr, Serotiuk be thanked for hie interest in the project. The mottun Carried unanimously, -3 - REPORTS No.72 - City Clerk - Report of the Council Cormnittee. 1.-Niagara Distri~Airport Commission - Recormmending that the proposed agreement relating to the operation of the Niagara District Airport and its administra- tion by the Niagara District Airport Commission for a period terminating on the 31st day of December, 1982, be spproved in principle subject to modifica- tions recommended by the City Solicitor. 2. Snow Plowing of City Sidewalks - The Council Committee considered a report regarding the various alternatives available to the City with respect to the plowing of sidewalks. Recommending that the report be tabled and referred to the budget meeting. 3. NiagaraFalls Minor Hockey League - Recon~nending that Council approve an allocation of $8,000 to the Niagara Falls Minor Hockey Association and the Recreation Commission~s report be referred for future budget consideration. 4. Regional Waste Management Study - Recommending that the report submitted to the Council Committee be received and adopted and the City reaffirm its original position with respect to thedisposition of waste, namely, the · continuing use of the present landfill site with a view to joining a regionally oriented site when such a program becomes economically feasible, and that a further report be submitted to Council following the February 13th meeting of the Waste Management Study Committee. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report of the Council Committee be received and adopted. The motion Carried with Aldermen Puttick, Hunt and Christensen indicating contrary votes for Item 1, the agreement with the Niagara District Airport Commission. No. 73 - City Manager - Re: Palmar Avenue Extension. Recommending the approval of a right-of-way width of 56 feet for the extension of Palmer Avenue betweeen Jepson Street and Simcoe Street end that Council consider carefully the closing of Simcoe St. and Bampfield St.extension. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the report be received and adopted. See Resolution No.l_j~ No. 74 - City Manager - Re: Seven-Unit Apartment Building, Portage Road (opposite Greater Niagara General Hospital). Recommending approval of a request to extend the site plan to December 1, 1974. 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,Harrigan,Keighan,Smeaton,Puttiok,Schisler,Walker,Th°ms°n, Wallace. NAYE: Aldermen Christensen and Mann. No~ 75 - City Manager - Re: Lot 37,Pl.243, Falls Industrial Park. Commenting on the type of building constructed on the site and advising that the owners have agreed to certain improvements enumerated in the report; recommending that the City Solicitor be instructed to prepare an amendment to the by-law to prohibit arched dome buildings in the industrial park in the future. Alderman Thomson indicated his agreement with the suggested amendment to the by-law. He advised that owners of two industrial lots in the vicinity had expressed doubt about proceeding with building plans because of the appearance of the building on Lot 37. The Alderman suggested that the property owners be contacted and advised of the improvements that will be made. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report of the City Manager be received and adopted. No. 76 - City Manager - Re: Sale of Lot 48,Falls Industrial Park. Recommending: a) that City Council authorize the sale of Lot 48 to NIA-WEL Holdings Ltd. at the rate of $7,000. per acre, totalling $51,100., the sale being conditional on the company obtaining an additional 30 acres in the proposed industrial area to be purchased by the City, located west of Kister Road; b) that the building permit for future construction on Lot 48 be subject to an approved Site Plan and c) the City Solicitor be authorized to execute the necessary documents with regard to the sale of the land. -4- Report #76 (Cant'd) ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report of the City Manager be received and City Council approve the sale of Lot 48 in the Palls Industrial Park to Zoron Construction Niagara Ltd., said sale to be contingent on the availability to Zoron Construction of an additional 30 acres of land lying to the immediate west of Lot 48 and Kister Road at a price per acre and under an agreement, such price to be negotiated between the company'ssolicitor, the City Manager and the City Solicitor and accepted by the City Council. No. 77 - City Manager - Re: Playground Equipment. The report advises that manufacturers and designers of playground equipment have researched and con- structed creative play apparatus which provide children with an opportunity to use their imagination and develop physical skills. Recommending that Council endorse this type of playground.e~uipment in Niagara Falls, in cooperation with netghbaorhood committees and service clubs; recommending also that staff assist and encourage these groups to develop such equipment with the intent to provide safe, enjoyable playground apparatus with input from the nefghbourhoods for financial commitment and co-operative planning. Aldernmn Wallace said he had requested the report to permit Council, as a matter of policy, to make a decision as to whether new equipment should be purchased, how much, what type and where equipment would be located. The Alderman was critical of the fact that the report suggested neighbourhood committees and service clubs contribute toward the cost of equipping City-owned parks and although the report indicates creative playground apparatus is expensive, costs were not provided. Alderman Wallace suggested the report should include a map of the City indicating the geographical location and size of every park and contain information as to which parks are equipped with swings and teeter-totters. Manufacturers of playground equipment should be contacted to determine the type of equipment manufactured, the cost, the availability of volume discounts and what other Ontario municipalities have used their equipment. The municipalities using the equipment should then be contacted and enqutrtes made as to the safety, attractiveness and popularity of the equipment; if educational authorities consider it beneficial and desirable and if additional expensive maintenance is required. The City, he said, would then be in a position to go to authorities in the community who are interested in child welfare, discuss with them the information received on various types of play apparatus and obtain their views as to what might be suitable. Alderm~n Wallace suggested that when the information is compiled in s report, Council could make a decision as to whether t.t wanted to purchase new equipment, the quantity and where it is to be located. It was then moved by Alderman Wallace, seconded by Alderman Fern that the report be tabled and staff provide a more comprehensive report with respect to playground equipment and the report be available before consideration of the 1974 Budget. The motion Carrie._____~d unanimously. No.78 - City Manager - Re: Parking on Dorchester Road (Regional Road 104) Reco~nendiug that the Region be requested to prohibit parking on the east side of Dorchester Road from Pinedale Drive 300e northerly and the area be examined further to determine if additional parking prohibitions are required. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fern that' the report be received and adopted. No. 79 -CIty Manager - Re: Parking on Legion Street. Recommending. that parking be prohibited at all times from the westerly side of Legion Street from Portage Road 200' southerly. ORDERED on the motion of Alderman Smearart, seconded by Alderman Runt that the report be received and adopted. No. 80 - City Hansget ~ Re: Niagara Falls Markets. Advising that it will be necessary to prepare e by-law concerning the operation of both the Sylvia Place Farmers Market and the North end market; reconuuending that Council give third Xeading to the appropriate by-laws concerning land acquisition and improvement end the City Manager be authorized to prepare the necessary operating by-laws for the Park Street Market and for the Sylvia Place Market. ORDERED on the m tiou of Alderman Mann, seconded b y Alderman Christensen that the report be received and adopted. See By-law No.73-278 -5- Reports (Cant'd) No. 81 - City Manager -Re: Deputy Planning Administrator, Advising of the appoint- ment of Mr. Carl E. J. Larsen who will caninehoe his duties on March 4, 1974. The salary range for theposition is $15,350 to $17,150. In reply to questions by Alderman Thomson, the City M~nager stated that Council, during the 1973 budget discussions, had approved the position of Assistant Planning Administrator and funds were allocated for this purpose. Advertising of the position resulted in the application of only one qualified person and he decided not to accept. Recently, Mr. Larsen indicated his interest and avail- ability; he was interviewed and in view of his qualifications and experience was hired as Assistant Planning Administrator. Alderman Puttick questioned the City Manager's authority to make such appointments without the approval of Council. Mr. Price replied that the terms of reference for the City Manager authorized him to hire all employees up to the level of department heads. Alderman Christensen questioned if any member of the present planning staff had applied for the position. The City Manager replied in the affirmative stating that one staff member had applied but lacked the required experience. Following considerable discussion it was moved by Alderman Puttick, seconded by Alderman Thomson that the matter be tabled for one week until members of Council were provided with copies of reports on the matter. The motion was Defeatedwith the following vote: AYE: Aldermen Christensen, Runt, Puttick, Walker, Thomson. NAYE:Aldermen Fera,Mann,Harrigan,Keighan,Smeaton,Schisler and Wallace. The vote was then taken on a motion on the floor moved by Alderman Mann and seconded by Alderman Harrigan that the report of the City Manager be received and the appointment of Carl E. J. Letsen as Assistant Planning Administrator be approved. The motion Carried with the following vote: AYE: AldermenMann,Keighan,Hsrrigan,Smeaton,Schisler,W~ce,Mayor Bukator. NAYE:Aldermen Christensen,Hunt,Fera,Puttick,Walker,, Thomson. No. 82 - City Manager - Re: Fernmilan of Landlord & Tenant Advisory Bureau. Suggesting that "Information Niagara", a centralized community information centre established by the Social Planning Council, appears to be compatible with the type of information required on landlord. and tenant mattersand advising that it will be necessary to establish a Landlord and Tenant Bureau; in addition to the appoint- menm suggested by the Executive Director of the Social Planning Council, the Local Council of Women has indicated willingness to appoint a representative and a Regional by-law requires the appointment of one Regional representative; reco~nnending that the City Clerk contact the various organizations and professional representatives to determine if they would be willing to provide representation to the Bureau; in addition Regional representatives will be contacted to determine which of the four would be willing to serve in this capacity. ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Fern that the report be received and adopted, No. 83 - City Manager - Re: Tenders for Materials 1974. Recommending that the following bids be accepted by Council: a) Protective Clothing - Jerry's Army Surplus, shirts and pants; J.P.Hammill & Son, coverails; b) Traffic Paint: Niagara Paint and Chemical Co;~)Fertilizer: Turf World Company d~rass Seed: Otto Pick & Sons - Grass Seed Mixture & Creeping Red Fescue; Bishop Seed Company, Perennial Rye Grass Sebd. It was moved by Alderman Christensen, seconded by Alderman Thomson that the report be received and the following bids be accepted by Council: a )Protective Clothing - Jerry's Army Surplus, shirts and pants; Audibert'8 Men's Fashions, coverells; b) Traffic Paint: Niagara Paint and Chemical Co.;c)Fertilizer:Gsuld's Nursery,Niagara Falls and d) Grass Seed: Otto Pick & Sons and Bishop Seed Company. The motion was Defeate__a with the following vote: AYE: Aldermen Christensen, Thomson and Smeaton. NAYE:Aldermen Hunt,Pets ,Mann,Rarrigan,Keighsn,Puttick,Schisler,Walker,Wallace. It was then moved by Alderman Mann, seconded by Alderman Schisler that the report of the City Manager be received and adopted. The motion Carrie._.___/dwith the following vote: AYE: Aldermen Runt,Fera,Mann,Harrigan,Keigha~Puttick,Schisler,Walker,Wallace. NAYE:Aldermen Christensen, Thomson and Smeaton. See Resolution No. 13 -6- Reports (ConI'd) No.84 - City Manager - Re: Contract for Underground Serviees,G.C.1-74,Woodbridg~ Glengowan and Graham Subdivisions. Recormnending that the unit prices submitted by Provincial Construction Ltd. for the installation of underground services for the Woodbridge Subdivision be accepted by Council; recommending further that because of the small amount of work required to service the Olengowan and OrahaE Subdivisions, that Council approve invitations to bid for the installation of sanitary and water laterals for the Gtengowan and Graham subdivisions. The City Engineer explained that the original tender was for under- ground services in the three subdivisions but the prices bid by Provincial Construction for the installation of sanitary and water laterals only in the Glengowan and Graham subdivlsons were considered to be too high. It is the City's option to delete items from tenders if deemed advisable and it is recormnended that the required work in these two subdivisions be deleted, the tender price be reduced by $10,843 resulting in a revised tender price of $237,587.05. The City Engineer expressed the opinion that the invitation bid would result in tenders in the amount of approximately $7,000 for the required work in the Glengowsn and Graham subdivisions. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report of the City Manager be received and adopted. The motion Carried with Alde Thomson voting contrary and all others in fayour. See Resolution No.l~ No. 85 - City Manager - Building Permits issued for the month of January,1974. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and filed. No. 86 - City Manager - Re: One-day Seminar for Aldermen, Ontario Good Roads Convention. Requesting an indication of the number of Council members who plan to attend the one-day seminar on Monday, February 25th; suggesting that Council may wish to suggest an alternate date for the Council Committee session scheduled for the same day. Aldermen Themson, Hunt and Christensen indicated they would be attending the seminar and it was generally agreed to receive and file the report and the next meeting of the Council Committee be held on Monday,February 25th,1974. No. 87 - City Clerk - Advisory report. Miscellaneous items. The report recowmends approval of the use of the Bridge St.Athletic Grounds for the Greater Niagara Softball Association Carnival from May 6th to May llth; approval of a beer tent in conjunction with the Chippawn Lion's Club Carnival June 20th to 22nd subject to L.C.B.O., Police and Fire Department requirements; approval of the Royal Canadian Sea Cadet Annual Chip Drive; the use of Oakes Park on September 3rd by the McRae Softball Team and publication of a one-quarter page message from Mayor Bukator in the publication "Labour Review" at a cost of $90.00. The report also notified Council of an invitation to attend a planning meeting of the Niagara Peninsula Peace Conference and provides information from the Select Committee on Motorized Snow Vehicles and all Terrain Vehicles. ORDERED on the motion of Alderman Mann, seconded by Hnnt that the report he received, the reoonmendations adopted and additional information received and filed. No. 88 - City Clerk - Recommending approval of Municipal Litantes. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fern that the report be received and adopted and litantes issued. No. 89 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderamn Hunt, seconded by Alderman Christensen that the report be received and adopted. BESOLUTIONS No. 12 - HUNT - WALLACE - RESOLVED that Report PD/20/74 of the Planning and Development Comnittee be received and the recommendation adopted and that, pursuant to section 450 of The Municipal Act, the Treasurer of Ontario and Minister of Economics and Intergovernw~ntal Affairs be requested to approve the passing of a by-law by this Council for establishing and layin8 out the extension of Palmar Avenue from Jepson Street to Simcoe Street as e public highway having a width of 56 feet; At~) the 8eel of the Corporation be hereto 'affixed. ~arried Unani~?~sly - 7- Resolutions (Coat'd) No.13 - MANN - SCHISLER - RESOLVED that the following tenders be accepted: Protective Clothing - Shirts and Pants - Jerry's Army Surplus - $11.00 Coverails - J.P.Hammill & Sons Ltd. - $ 9.70 Traffic Paint - Niagara Paint & Chemical Company - White 400 Gals.- $1460. Yellow 200 Gala. - $ 762. Fertilizer - Turf World - $4,340.00 Grass Seed - Otto Pick & Sons - Grass Seed Mixture & Creeping Red Fescue - Grass Seed Mixture,2800 lbs. - $2,366.00 - Creeping Red Fescue,300 lbs. - $195.O0 - Bishop Seed Co. - Perennial Rye Grass Seed,300 lbs.-$210.00 AND the Seal of the Corporation be hereto affixed. Carried No. 14 - SCNISLER - HUNT - RESOLVED that the unit prices submitted by Provincial Construction Ltd. for the installation of underground services for the Woodbridge subdivision be accepted; AND the Seal of the Corporation be hereto affixed. Carried No. 15 - WALLACE - HUNT - RESOLVED that the Council of the City of Niagara Falls hereby petition for subsidy under the provisions of The Public Transportation and Highway Improvement Act on expenditures made during the year 1973 in the amount of $2,237,897.53; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS 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. THIRD READING - Alderman Wallace and Alderman Smeaton. 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. THIRD READING - Alderman Hunt and Alderman Christensen. Carried Unanimously ~o.7~-278 - A By-law to authorize the acquisition of land and construction of improvements for a municipalmarket. THIRD READING - Alderman Hunt and Alderman Fern. Carried Unanimously No. 74-27 - A By-law to provide for appointments to certain Boards, Commissions ~d Committees. ORDERED on the motion of Alderman Smeaton, 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. Carried Unanimously No. 74-28 - A by-law to provide for the exercise by the Assessment Review Court of certain functions of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Alderman Bmeaton 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. C~a~ied Unanimous.~ - 9 - -8- By-laws (Coni'd) No.74_.___j29 - A By-law to authorize a License Agreement with Dr.Robert Orr. (Pall Street street end) 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 Aldermen Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 74-30 - A By-law to amend By-law 3790 for the regulation of traffic. (MacDonald Ave.,Stamford St.,Hamilton St.,Fredrica St.,Bsrker St., North St. and Clifton Hill) ORDERED on the motion of Alderman Bunt, seconded by Alderman Wallace 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 Hunt that the Byelaw be now given a second and third reading. · , Carried Unanimously No. 74-3_______~1 - A By-law to authorize the sale of land in the Falls Industrial Park (Nla-Wel Holdings Lid.in Trust of Lot No.48,R.P.243) Not_../e: The By-law was deleted from the ageodd. See Page 3, Report ~76.- No. 74-3__2- A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman ltunt 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 NEW BUSINESS ARENA GRANT Alderman Hunt noted that the Town of Fort Erie has been granted $221,000. for an arena while Niagara Falls, with a much larger population, had not received very much more. The City Manager explained that the City had been granted $736,000. most of which had been applied to the new library. The remaining $226,000. was applied to the new arena, DORCHESTER ROAD - LUNDY'S LANE INTERSECTION Alderman Smeaton commented on traffic conditions at the Dorchester Road - Lundy's Lane intersection and suggested that the'Project Engineer discuss with Regional authorities the possibility of installing delayed green signals or some additional timing device. ' COI~4ENTS OF ALDERMAN PUTTICK Alderman Puttick referred to the Garden Plot project for the City end enquired as to when the report would be submitted to Council. AM erman Puttick commented on the condition of the railway tracks adjacent to the House of Houdini attraction a~d questioned the terms of the site plan agreement. A 'For Sale' sign on property located at the south-west corner of Lundyes Lane and Dorchester Road was questioned by Alderman Puttick. He questioned if developers were applying fortezoning for the purpose of re-seiZing rather than development. STUDY AND COMPARISON OF SALARIES PAID IN AREA MUNICIPALITIES ORDERED on the motion of Alderman Smeaton, seconded by Alderman Wallace that the Personnel Officer be requested to study and report to Council on the following matters: a) The salaries paid to and the duties of all municipal employees of each community within the Regional Municipality of Niagara, comparing the duties and salaries of said employees from each municipality with their counterparts employed by other communities within the Region. b) The methods of timing of salary negotiations both for union and non-union personnel be compared, e.g., who negotiates first - salaried or union personnel and who sits on the bargaining committees in other communities within the Regional Municipality of Niagara. Alderman Smeaton suggested that in view of rising costs and taxes a comparison of salaries paid in other area municipalities should be studied to determine if Niagara Falls is "in line" and if there should be a ceiling on certain positions. He explained that the purpose of the resolution was not to expose specific salaries or duties but to bring some uniformity to salaries paid within the Region if such uniformity does not already exist. CITY MANAGER - TERMS OF REFERENCE Aldernmn Harrigan referred to earlier remarks regarding the authority of the City Manager to hire City personnel and requested that members of Council be provided with a copy of the terms of reference under which the City Manager 9perat.es. Alderman Harrigsn's motion to this effect was seconded by Alderman Mann and Carried unanimously. NEW LIBRARY CONSTRUCTION Alderman Thomson referred to Alderman Ketghan's statements regarding the City's payment of an additional $15,000. in order to obtain steel for the construction of the new library in time to qualify for government grants and Winter Works benefits. He noted the matter was discussed in Committee of the Whole during the absence of Alderman Keighan. Alderman Thomson suggested that in future when certain matters are discussed in Committee of the Whole, members of Council who may be absent from the meeting, be given copies of reports sub- mitted or a verbal report regarding the details and the outcome of discussions. The Alderman also noted that very few matters are discussed in Committee by the present Council. Alderman Keighan expressed his concern about spiralling prices, the financial difficulties of residents on fixed incomes and the lack of suggestions of how the situation can be controlled. In this particular instance, he said, steel became available when it was agreed to pay more for it and he suggested the matter should be referred to the Hon. J. Clement and investigated by the Ministry of Consumer and Con~nercial Relations. Alderman Wallace expressed the opinion there was nothing improper or illegal in the payment of the additional money for the required steel. The supplier then acquired odd pieces of steel from other municipalities and a local steel company cut and sized the material in accordance with the library requirements. The cost of refabrication, he said, accounted for most of the $15~000. Alderman Wallace pointed out that the City had to accept the arrangement or wait for a regular steel shipment and lose available grants.. REGIONAL NIAGARA POLICY PLAN The City Clerk advised that it has been suggested the Planning and Development Committee, Regional officials and the City Council have a Joint meeting to discuss the contents of the Regional Niagara Policy Plan. Wednesday, February 27th has been suggested as a date for the meeting. Details will be provided at the Council Committee session, February 25th, - 10- POLICE BUILDING ~yor Bukator advised that a report respecting the proposed Police Building will be submitted to Council the latter part of this month. CAKES DRIVE Mayor Bukator reported that a meeting had been held to discuss Cakes Drive. The Hon. James Allan, Chairman of the Niagara Parks Commission, J. Harris, Don Wilson, J. Campbell, Regionsl Chairman, the City Manager, the City Engineer and the Mayor were in attendance. Mr. Allan had agreed to discuss the problem with t~e Niagara Parks Commission and their recommenda- tions will be reported to Council as soon as possible. ADJOURNMENT The meeting adjourned on the motion of Alderman Keighan, seconded by Alderman Mann. READ AND ADOPTED, Playor FIFTHMEETING Committee Room ~1, February 25th, 1974. COMMITTEE OF THE WHOLE Council met in Committee of the Whole on Monday, February 25th, 1974 at 7:15 p.m. Alderman Christensen presided as Chairman. All Members of Council were present with the exception of Aldermen Hunt, Fera and Thomson. Following consideration of the items presented, the Committee of the Whole arose without reporting, on the motion of Alderman Mann, seconded by Alderman Schisler. READ AND ADOPTED, CLERK MAYOR SPECIAL MEETING Committee Rooms 2 and 3 February 25th, 1974. Council reconvened in open session following a Council Committee Meeting held on February 25th, 1974, on the motion of Alderman Wallace, seconded by Alderman Mann. Mayor Bukator presided. All Members of Council were present with the exception of Aldermen Hunt, Fera and Thomson. BY -lAW No. 74-3__3 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of sewer- mains and watermains. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen 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 Smeaton that the By-law be now given a second and third reading.' .Carried Unanimously The meeting adjourned. P~ AND ADOPTED, MAYOR SIXTK ME~i'ING Council Chambers, March 4th, 1974. EEGULAR ME~ING Council met on Monday, March 4th, 1974 at 7:30 p.m. for the purpose of con- sidering general business. His Worship M~yorGeorge Bukator presided. AllMembers of Councilwere present. Alderman Smeaton offered the opening prayer. ADOPTION OF MINIFi~S The mutes of the regular meeting heldFebruary 18, 1974 and the special meeting held February 25, 1974 were adopted as printed on the motion of Alderman Christensen, seconded by AldermanMann. pRESENTATION Mr. Bob Airdofthe Niagara Falls Lions Club was granted permission to address Council on the motion of AldermanThomson, seconded byAldermanHunt. Mr. AiM advised that the Lions Club planned to construct a swimming pool at a cost of $150,000- to be located near the Dr, Wm. Fingland Day Care Centre on Dru~nond Road. The swimming pool would be a part of phase two of their ec~munity.- project. In order to allow for the building of the pool the Lions Club were re- questing permission to demolish an old garage building located at the site.' Mr. Aird also requested Conncil's consideration of granting a subsidy of 50% towards the cost of the project. 0RDE~D on the motion of Alderman Puttick, seconded by Aldernmn Fera that the Nisgara Falls Lions Club be granted permission to demolish the garage building in order to c~nce their swimming pool project, subject to any legal requirements of the City- 0RIgRED on the motion of Alderman Wallace, seconded by Alderman Schisler that the request of the Niagara Falls Lions Club for a subsidy of $75,000. to assist in the project, be referred to Budget meeting and staff be instructed to bring in a repor~ on the matter to be presented at that t~m~· On the motion of Alderman Christensen, seconded by Alderman Thomson, Mr. William Runter, president of C.U.P.E- Local 133, was granted permission to address Council · Mr. Runtot prefaced his remarks by stating that the Union representatives were not present to discuss the increase in trucking rates, but rather to protest the hiring out of vehicles, beckhoes, loaders, campressors, etc. while City equip- merit was not being utilized to the fullest advantage. He strongly urged that the Corporation take a long look at each new purchase of equipment, raging into accmmt, of course, that it would not be possible to foresee an extremely hard winter, and that it would not be feasible to buy maxinch requirements of equil~nent, since addi- tional items would not be utilized in mild winters. The Union also rec-'~mended that all City tracks which were not being used for snow removal or other functions be made available for use on snow removal operations. Mr. Nuntot claimed that on December 4th all City trucks were called out for snow removal and the operation was carried out as efficiently as if hired trucks had been used. It was emphasized that the deputation was made in a spirit of co-operatioa, and it was felt that the facts mentioned shoUld be brought out for Council' s information. ORE~ED on the motion of Alderman Th-~n"on, seconded by Alderman Harrigan that the r~rks presented by Mr. Hunter on behalf of C.U.P.E. Local 133 be referred to staff for consideratio~ and report be brought beck to Council indicating Whether the suggestions c~n, be use~ to the Corpomtlon's advantage. " UNFINISHED BUSINESS Corm. 9 - ~teve and Elizabeth Harovics - Objecting to construction of ~ foot side- walk in front of 6653 Dorchester Road as a Local Improvement. Report 91 - City ~x~al~~' l~ec~mm-nding that By-law 7~-171 be given the third mading in order to the commencement of those projects which deserve priority~ and stating that the sidewalk on Dorchester Road cannot be undertaken until its location can be finalized with the Region. Corm. 18 - Dr. Rober~ Alnslie - Ccementir~ on the sidemlk construction proposed in front of ~r. Hatcries' proper~y# s~stin~ that Mr. Harevics' share of the cost 12 unfair, ,,0,,,,,. ccmt'd. Mr. E. R. Clifford~ rapresenting Mr. Harovics, was permitted to address Council on the motion of Alderman Thomson, seconded by Alderman Walker. ~4r. Clifford stated he would have to disagree with the City's contention that the addition of a sidewalk would increase the value of the property owned by Mr. Narovics to any appreciable extent, pointing out that in 1969 when this same issue had been considered by Council it had been decided that the sidewalk was not necessary. -Mr. Clifford felt that this per~icular sidewalk represented an unnecessary expenditure by the Corporation and would not benefit the City in any way. Ee pointed out the fact that a sidewalk exists on the easterly side of the road, and stated that there were no school children travelling along the westerly side of Dorchester Road at the present time. Mr. Clifford requested that Council delete the proposed sidewalk construction from By-law 73-171. Following a discussion on the matter by City Council members and staff, it was Ordered on the motion of Aldeman Sineaton, seconded by Alderman Walker that Report 91 of the City Manager be received and filed and By-law 7B-171 be given the third and final reading. This motion was Carried with the following vote: a~ve: Aldermen Hunt, Fore, Mann, Puttick, Sineaton, Schisler, Wal~r, Wallace. _Na~e: Aldermen Christensen, Harrig~n, Keighan, Thomson. UNFINISHED BUSINESS Traffic Modifications . Ferry Street and Buchanan Avenue Cnmm. 96 - Regional ~,n~cipality of Niagara - Advising of several traffic operational modifications between Stanley Avenue and Buchanan Avenue to improve the flow of traf- fic on Ferry Street. (Report E8-1816) Report 438 - City Manager - Advising that ~:he. City of Niagara Falls is in fayour of certain alternate changes. Repoxt 473 - City Manager - Advising of Parking C~z~nittee rec~endation, etc. Co~n. ll0 - We11..~ County Rcman Catholic Separate School Board - Requestin~ that traf- fic lights at Ferry and Buchanan not be removed. Cornre. 111 - Parent-Teachers Ascot., St.Ann's School - Requesting Council to oppose the removal of the traffic light at Ferry and Buchsn. n. C~. 11~ . Mel/and County Rcman Catholic Separate School Board - Advising that the trustees of the Board support the Parent-Teachers Assoc. opposition. Note: Councll's action on the above subject at the Meeting of Sept. 17, 1973 is as follows: "That the Public Works Comaittee of Regional Niagara be notified that the City of Niagara Falls does not concur with any of the traffic'modifications out- l~d in Regional Report E8-1816". Report 92 - City M~nagar (March 4, 1974) - Advising that the Public Works C~mittee of the Regional Municipality will consider the removal of the traffic signals at the intersection of Ferry Street and Buchanan Avenue at the Council meeting to be held on March 7th. Mr. Dante Marinelli was granted permission to address Council on the motion of Alderman Walker, seconded by Alderman Thomson. Mr. Marineill advised that he was representing thirty-nine business estab- lishments in the vicinity of the stop lights at Ferry Street and Buchanan Avenue. He noted that despite Council's previous action at the meeting of September 17th to have the matter held in abeyance, ~he Regional Public Works Cc~mittee were reviving the issue. Re stated that the proposals of the Public Works Committee were ill-conceived and distorted the facts. Mr. Marineill cited lack of cc~munication between the City Council and the local representatives on Regional Council. He stated that if Council arrived at a certain decision, sure~V the Regional Council representatives shoiXld lmbh the Ctty's case at the Regional level. He noted that the business establishments ha represented, as well as the School Board, etc. had strongly opposed the changes previously, and their position had not ~-hmnged. He urged the Council to re-affirm their earlier decision regarding the subject area. ORIF~ED on the motlon of Alderman Thomson, seconded hy Alderman Hunt that the City Council re-affirm the .earlier decision relative to traffic operettn_~_n.1 modifications suggested for the Ferry St. _- Buchenan Avenue area, and the l~egional Muntetpallt~ be notified ~m~diatel~. -3- C0~MUNICATIONS C~m~· 19 - Niagara Falls Public Library Board - Progress Repor~ on the construc- tion of the new library. Mr. George Hamilton, Chairman of the Library Board was present at the meeting along with other m~mBers of the Boar. d and Library staff. He expressed his appreciation to the City Council and City staff for the excellent co-operation his Board had received in respect to the project. ORRFaED on the motion of Alderman Hunt, seconded by Alderman Fera that the con~nunicatlon be received and filed. C~m.. 20 - Greater Niagara Transit C~mmission - Presentation of Statement of Affairs for the year ending Dec. 31st, 1973. ORI~PaD on the motion of Alderman Christensen, seconded by Alderman Hunt that the cn~,unication be received and filed. Cr~en, 21 - Fire Marshal of Ontario - Commending the Niagara Falls Fire Department for winning nineteenth place for Ontario in the Fire Prevention Contest of Oct- ober, 1973- Fire Chief S. C. Thomson was present at the Council Meeting and displayed the Fire Departmont's entry, and an invitation was extended to Members of Council to view the submission, along with the new Fire Training Manual prepared by his Departanent. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that, the ccmnunication be received and filed. Cm. 22 - Downtown Business Improvement Association - Annual Report of the_ Down- town Business Improvement Area Board of Management. OR/]ERED on the motion of Alderman Mann, seconded by Alderman Thomson that the c_~.unication be received and filed. REPORTS No. 93 - City Manager - PropOsed. plan, of ~ubdivision, Fennell Developments Ltd. 'Buimoral Court", File 27T-24772, noxth side Bellevue Street. Recomnending prelimt~ary approval of the proposed plan subject to certain conditions. Mr. A. A. Macl~in representing some 85 objectors to the proposed subdiv- ision, was granted permission to address Council on the motion of Alderman Thomson, seconded by AldermR-_ Sineaton. Mr. MacBain reminded Members of Council that he had previously represented residents in the Bellevue-Balmoral-Timothy-Meureen area who had opposed other pro- posals for the subject area. He mentioned that the present proposal, containing snm~ ~.75 acres of land, would, if approved, provide accnmmodation for nineteen families, and that a'number of lots would only have frontages of 40 feet. Mr. MacBain pointed out that there was an undeveloped parcel of 13 acres in the ~med- late area, and a decision to permit the subject proposal with its semi-detached lots, smaller frontages, etc. could determine the future use of this larger area, as evidenced by the statement made by the owner of the property at the meeting of 8eptember lOth, 1973 to the effect that if higher than single family density in 'the area is approved, they would request the same consideration in the development of their lands. Mr. MacBain requested Council to deny the present application. D~ring the discussion which took place on the matter, it ~s mentioned that the petitioners in the Bellevue-BaImoral area were outside of the ~O0 foot notification area, and therefore did not' r~ceive~ noti~e~of the proposal. It was mentioned, however, that in view of the history of applications for develolm~ent in this area, and the opposition to any develolm~nt proposing higher density use by th~s preduninantly single f,m~ly area group, that notification of the subject application should have be~n sent to them. Mr. D. Hutchinson, representing Fennell Develolm~ent Ltd. was granted permission to address Council on the motion of Alderman Mann, seconded by Alder- man 8chisler. Mr. Hutchinson stated that a revised plan had now been prepared which would ~rovide for the widening of two of the narrow iota and the required minimum set-hacks. He stated the proposal was for a very low density in cumparison with previous suggestions. OR~D on the motion of Alderman MarriSen, seconded by Alderman Fera that the Repor~ of the City Manager be received and filed and the application of Fennell Develol~men~s Ltd. be denied. No. 94 - Planning Administrator - Re-zoning Application AM-4/74, N. & V. Aiello, Lots 14 and 15, Plan 62, Nontrose Road and ~,lhern Street, to permit the develop- merit of five residential dwelling units and a store. Mr. F. Naeello was granted permission to address the Council on the motion of Alderman Mann, seconded by Alderman -~meaton. Mr. Nasello requested that the application be referred back to the Plann- ing and Development Cc-..tttee in Order that the site plan could be revised to elim- inate objections to parking and to scale down the develolmmnt to four housing units plus the commercial outlet. lie asked that Council approve, in principle, the com- mercial re-zoning aspect of the proposal. Mr. Nasello stated that the planning pax-tment is faycurable to multi-f.mf ly development at this location but it was Just a question of the scale of the development. In respect to the ccmmnercial outlet~ Mr. Nasello said that with a few exceptions there were no other c~.mercial locations in the neighbourhood. He stated that the main objections from residents were in respect to the location of parking facilities, which could be alleviated by estab- lishing the parking area off Mulhern Street only. He stated that Mr. Aiello planned to use the commercial outlet as a means of income for 'himself and family. It was moved by Alder~a- Puttick, seconded by Alderman Pera that the Report be tabled for two weeks. This motion was Carried with the following vote: Aye_: Aldermen Fera, Puttick, ~neaton, -~chisler, Walker, Th~nson, Mayor Bukator. _Na~e: Aldermen Christensen, Nunt, Mann, Harrigan, Keighan, Wallace. No, 95 - City Manager - ~ender for Snow Removal Trucks, Rec,-.~..~nding acceptance of tenders at $9°00 par hour by J, B~ldin; $1~,00 par hour by G, White and Kerrio- Germano; and $14.00 per hour by K & N Haulage for the period to April 1, 1975, and further, that the remaining truckers on the list attached to the report be Called ou~ until the expiry dates of their tenders, if required. Mr. Peter Selfi was granted permission to address Council on the motion of Alderman Wallace, seconded by Alderman Thcmson. Mr. Salfi, a local .~mber of the Niagara Regional Aggregate Haulage Assoc- iation referred to the formation of the Association in June 1973, and the letter sub- nitted to the City Council in September of 1973 outlining the schedule of minimu~ rates. He questioned the 19 cu.yd. size of dump boxes mentioned in Report 95- 0BDS~ED on the motion of Alderman Mann, seconded by Alderman Hunt that the Report of the City Manager be received and adopted. Note: Alderman Puttick abstained frum voting on the abewe Report due to a conflict of interest. No. 96 - City Manager - Extra Payment for snow trucking. Advising of the hiring of trucks on january 9th and lOth, 1974 to haul snow, and that bills from two truckers were marked with a rate of $14.00 per hour by the two drivers;-suggesting that if these ~ bills are to be honoured, it my he unfair not to pay all the truckers the same rate ~or work on these two dates; rec--~ding that before being paid each trucker must sign a declaration relieving the City of all obligations to pay other than hourly rates approved by Council. 01~ on the motion of Aldersan Hunt, seconded by Alderman Wallace that the Report be raseived and adopted and the truckers working on the days in dispute be ~aid at the uniform rate of $1~.00 per hour. No. 97 - Cit~r~nager - CertifiCation of Truck Rental Hours - ProViding 'clarificatiOn of ti~A~k ~e 1 ra~es .for. work perfor~ed on January lOth, 197~- Advising that two foremen certify~-8 the $14.00 rates have been repr~mn~ded for their oversights. ORE~ED on the motion of Alderman Mm, n, seconded by Alderman Thcmson~hat the Report be received and filed. 7 ~;~ No. 98 - City Mana r - FAre De~ax~ment Uniform Tender - Recessending the awarding of ~(~'~ the Tender for c~te uniforms to Marshall' s Men' s Wear; the Tender for ties to ... Rosbergs Dept. 5tora, and the Tender for Trousers to Vince Audihart. ~!'. 0~ra~D on the motion of Aideman Christensan, seconded by Aidarman Hunt that the /' i;iy~i Report be received and adopted. ' ~'~ SEE Resolutio~ No. 16 N~, 99 - City Manager - Fire Department Pu~per - Reco~-ending that the alternate tender on the Ford chassis subaitted by Pierreville Truck Ltd. be acCepted in the amount or ~o,8~o. d ~ ~ receive and adopted, W Resolution No. 17 -5- NO. 100 - City Manager - Fire Department Shirt Tender. Recc~nnending that the Tender submitted by Vince Aud/bert in the amount of $B,400.26 be accepted. ORES~ulu on the motion of Alderman Mann, seconded byAlderman Christensen that the Report be received and adopted. SEE Resolution No. 18 No. lO1 - City Manager - Quotations for underground services - Glengowan add Graham Subdivisions. Recommending that the firm of L & N Construction be enge~ed to installunderground services for the Glengowanand Graham Subdiv- isions. 0~ on the motion of Alderman Christensen, seconded byAlderman Walker that the Report be received and adopted. SEE Resolution No. 19 No. 102 - City Manager - Contract for underground services and base roads - West- wood Subdivision. Recommending that the contract be awarded to the firm of M. J. Storm Limited. ORE on the motion of Alderman Nunt, seconded by Alderman Christensen that the Repor~ be received and adopted. SEE Resolution No. 20 SEE By-law NR. 7~-tY No. 10S - City Manager - City Manager - Advising of the clarifying of the expres- sion "existing commercial building' in By-law 74-B8- O~n~.~D on the motion of Alderman Hunt, seconded by Alderman Fera that the Report be received and filed. SEEBy-law No. 74-38 No. 104 - City Clerk - Advising that the matters covered in the booklet "Green Paper on Sunday as a C~mnon Day of Rest & Uniform Store Hours" will be considered by the Regional Finance Committee at a future committee. Suggesting that Members of Council submit any cunments for direction to the Region. The City Clark suggested that a submission on the Green Paper could be px~pared containing the comments of members of Council, together with information contained in a brief on the matter prepared by a local lawyer. Copies of such a submission could be prepared for Council's consideration prior to presentation to the Region and/or ProvincialGovernment Department. ORIE~ED on the motion of Alderman Puttick, seconded by Alderman Thomson that the Report be received and filed and a submission on this matter be p~epared on behalf of the City Council, for consideration at a future meeting. No. 105 - Recreation C~'m~ission - Presentation of 1973 Annual Report. ORD~D on the motion of Alderman Mann, seconded by Alderman Nunt that the Report he received and filed. No. 10'6 - City Manager - Request received from Canadian National Mailways for penmission to close Church's lane between Whirlpool Road and Stanley Avenue for a period of approximately 4 weeks crw~n-ncing on March ll, 1974 to permit the stallation of track and line circuits. O~ on the motion of Alderman Wallace, seconded by Alderman Hunt that the Hapor.~. be received and filed. s~. ~y-law .o. 7~-~4... 'No. 107 - City Mana~e~ - Request frcm Welland County Rnm,n Catholic Separate School Board to have certain errors in school support corrected. OI~D on the motion of Alderman Mann, seconded by Alderman Thomson that the Report be received and adopted and the eight appeals listed be changed to separate school. support · No. 108 - ~it~r -'~i2hbourho~d. Iml~covemedt Pro~ and Residential Rehabilitation Assistance Progra~me. Rec~Aending the following action in order to permit the Corporation and its residents an opportunity to take advantage of the N.I.P. and R.R.A.P. programrues: 1) -~taff be authorized to submit to the Ktmister of Housing an immediate appli- cation for financial assistance to select a neighbourhood or nai~hbourhoods under the N.I.P. programme. An amount of $12,900 (2~ of the Federal contri- bution) is available at the prosent time. The M-nicipality's equal share of ~9~0' will be subsidized by ~he Province, leavin_~ a net Municipal share of 2) Authority be granted to. invite applications for the services of a person to initiate and cobordinate the N.I.P. and R.R.A.P. prograunnes at a salary range of $11,O00 to $14,000 per anntun. 3) All of the costs mentioned in the above reccmnendations are eligible for the Federal and Provincial subsidies up to the approved amount of $1,290,000. OFdYERED on the motion of Aldsrman Thomson, seconded by Alderman Sineaton that the Repor~ be received and recommendations l) and 2) be adopted. This motion ~as Carried with the following vote: ~e: Aldermen Christensen, Fera, Harrigan, Nunt, Keighan, Mmnn, Sineaton, Schisler, Thouson, Wallace. NaZe: Aldermen Patrick, Walker. SEE Resolution No. 23 No. 109 - City Mann r - Reco"m~nding approval of site plans submitted by F.Pingue -proposed apar~nent~uilding on McLeod Road, and Peekskill Develol~nent Ltd. - Neighbourhood Shopping Centre, Drummond Rd. at Cherrywood Rd., and further, that the necessary by-law be prepared for the removal of the one foot reserve on Cherry- wood Road. 0PaRRED on the motion of Alderman Christensen, seconded by Alderman Fera that the Report be received and adopted. No. 110 - City Manager- Proposed plan of subdivtsion,'~illage South Condominium", Nigwlt Development Ltd., south side Dunn Street. File 27T CIN 456. Recommending pre]~m~n. ry approval of the plan subject to certain conditions. 01~ on the motion of Alderman Puttick, seconded by Alderman Christensen that the Report be tabled for further information, including the question of whether lands can be acquired in the plan for park purposes. No. 15] - City Manager - Rec._;.-.i~nding the presentation of safe driving a~ards to 68 City drivers at the Municipal Service Centre during the latter pert of March, and further recommending that 41 drivers be permitted to attend the Transportation Safety Association banquet in St. catharines on April 6, 1974, along with Mayor B,,w.tor or his appointee, and two members of the Supervisory Staff. ORI~ on the motion of Alderm~n Wal!-ce, seconded by Alderman Fern that the Report be received and adopted. No. 112 - Pla~ ~dm.- Be-zoning application AM-14/73, It. Damore, Pt.T~p. Lot 43, south side of Swayze Drive, to permit the erection of a 3 storey, 33 unit apart- meat bUilding. Becoz~endetion of Planning & Develolanent C~mlttee that the appli- cation be approved subject to a site plan and agreement and subject to the re- alignment study of Swayze Drive. O/tu~J/J c~ the motion of Alderm~n Mann, seconded by Aldermap Fern that the Report be received and adopted. SEE Resolution No. 21 NO. 113 - Plannin~ Adm. - Re-zoning application AM-~6/75, J. Miszk, I~. T~p. Lot 20, Conc. S, south-west corner of Sodera R~ad and Weinbrenner Road, to permit the expansion of the existing restaurant. Rec~ndation of Planning & Develophoot C~.m~ttee that the application be apprevad subject to a site plan agreement. OREe~ED on the motion of Alderman Christensen, seconded by Alderman Hunt that the Report be received and adopted. SEE Resolution No. 22 SEE l~y-law No. 7~-~1 No, n4 - Pla~Bm~ b... Re.zoning application AM-5/74, Mrs. W. Slack, 6986 Lun~y's Iane, e~st o ield Aven~e, to permit the use of em existtug almrment in the b_-m., to be rented to tourists. Recomnendetion of Planning & Develolaa~nt Cnmmtttee that the application be denied. Mrs. if. Slack w~s granted permission to address Council on the motion of Aid. Walker, seconded by Alderman Hunt. Mn. Slack e~latned that she wished to rent an existing ~rtment in her ha to tourlsts visiting the area, betveen the months of ~by and 8eptemher. On che~M~ng into the matter she was advised that the pro~ez~y was zoned for. single fam- i],v reaidentinl use, and a re-zcatng was required, She stated she di~ not want to cause aP.V concern to her nei~bours or to Jeo~ar6ize the a/rgearance or value of the nei~hbourhood in any ~y, and vas confused as to ~ the ra-zonln$ us neceseary, 8~e stated ttmt those objecting were not egainst her baring tourists in her home, but rusher to the re-zo~tu~ of the preZ~ar~y, ORDERED on the motion of Alderman Harrigan, seconded byAlderman Walker that the Report be received and adopted, and as recordmended, the application for re-zoning be denied. OPa]ERED on the motion of Ald. Harrigan, seconded by Alderm-n Walker that City staff be instructed to prepare a by-law adding the requested use to those uses already permitted for this property. No. 115 - City Solicitor - Agreement for Niagara District Airport. O~I~.RED on the motion of Alderman Schisler, seconded by Alderman Sineston that the Repor~ be received and filed, and referred to By-law for consideration. This motion Carried with the following vote: Aye: Aldermen Christensen, Fern, Mann, Harrlgan, Keighan Sineaton, Schisler, ~a'lker, Thomson, Wallace. Na~e: Aldermen Hunt and Puttick. ~ By-law No. 74-~5 No. 116 - City Manager - Repairs to Portage Road, recommending that the firm of R. V. Anderson & Associates be engaged to carry out the required design of all neces- sary works required in order to permit the re-opening of Portage Road, and further recc~mending that Mayor Bukator, the Regional Chairman and the Chairman of the Niag-" are Parks C~mmtssion, together with City staff, be asked to meet with representa- tives of the Ministry of Transportation and Cc~.mmications to request special sub- sidy consideration with respect to the remedial work required on Portage Road ORIF~D on the motion of Alderman Christensen, seconded by Alderman HUnt that the Report be received and reccmnendotions adopted. This motion Carried. with the following vote: _Aye_: Aldermen Christensen, Hunt, Fern, Harrigan, Keighan, Schisler, Wallace Na~e:_ Aldermen Mann, Puttick, Sineaton, Walker, Thouson. No. ll7 - City Clerk - Advisory Report. O~D on the motion of Alderman:Mann~ seconded by Fera that the Report be received and filed. ORDERED on the motion of Alderman Sineaton, seconded by Alderman Wallace that staff prepere an appropriate resolution in respect to item 4 of the Report (the Memoran- dum from the Honourable John White in respect to revenue sharing among the three levels of government), for endorcation and circulation. No. 118 - City Clerk - Municipal Licenoes. OREe on the motion of Aldermun Schisler, seconded by Alderman Fern that the Report be received, adopted, and licences granted. No. ll9 - City Manager - Municipal Accounts. ORRE~ED on the motion of Alderman Hunt, seconded by Alderman Christensen that the Report be received and adopted. EESOL~TIONS No. 16 - CHRISTYSEN, - HUNT - RESOLVED that the Tender for complete Fire Department Uniforms he awarded to Marshall' s Men' s Wear at the price of $8,151.8~; the Tender for ties be awarded to Rosbergs Department Store at the price of $226.88; and the Tender for Trousers be awarded to Vince Audibert at the price of $8~1.82~ AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 17 - hlJNT - MANN - RESOLVED that the alternate tender for the Fire Department Femller Ford chassis submitted by pierreville Truck Ltd. be accepted at the. price , of $40,890., AND the Seal of the Corporation he hereto affixed. -. Carried Unanimous__l~ No. 18 - K~NN - CHItI~A'~EN - EEaOL~jJ that the Tender submitted by Vince Audibert for Fire Department Shirts be accepted at the price of $3,~00,~6; AND the Real of the Corpomtion be hereto affixed, Carried Unanimous__~ · . ....... ..,...,. cont'd. -8- No. 19 - CH~IS-r~SEN - W~TX~R - BESOLVED that the Quotation for underground services in the Glengmmn and Graham Subdivisions fran L & N Construction be accepted at the price of $3,9~.0o; AND the Seal of the Corporation be hemto affixed. Carried Unanimously No. 20 - HUNT - CHRISTENSEN - RESOLVED that the ContraCt for underground services and base roads - Westwood Subdivision be awarded to the firm of M. J. Storm r.~mtted at the price of $643,341.33; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 21 - MANN.,- ~ - BESOLVED that the Council of the Corporation of the City of Niagara Falls hereby confirms that the application of H. Damore conforms to Official p~n Amendment No. 28 of the Niagara Falls planning Area, as amended and approved by the Minister of Treasury, Econanics and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 22 - CHRISTENSEN - HUNT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hel~by conforms that the application of J. Miszk for the prop- erty known as PCoTwp. Lot 20,Concession 3, conforms to Official Plan Amens_ment No. 28 of the Niagara Falls Planning Area as amended and approved by the Ministry of Treasury, Econr,.~cs and Intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 23 - TEC~ON - SMEATON - RESOLVED that the City of Niagara Falls initiate an tinmediate applicatiOn for a Federal contribution of $R,900.OO for Neighbourhood Selection Purposes under the terms of Part III- 1 of The National Housing Act; AND the Seal of the Car~oration be hemto affixed. Carried BY -lAWS NO. 73'171 = A B~-law to authorize the construction of certain works as local improve- ments under Section 12 of The Local Improvem~-nt Act. Third Reading - Aldema~ Mann and Alderman ~eaton. ~ve_: Aldermen Hunt, Fera, Maim, Fattick, Sineaton, Schisler, ~Walker, ~aomson, Wallace __~ayor Bu~ator. ~e: Aldermen Christensen, Harri~m, Keighan. Carried. No. 73-2~ - A By-law to authorize the ac~uisition and improvement of lands for the l~rking of vehicles. Third Readin~ - Alderman Mann and Alderman Hunt. Carried Unanimously No. 7B-24~ - A By-law to authorize the reconstruction of Morrison Street from Victoria Avenue to Crysler Avenue. Third Reading - Alderman Bunt and Alderman Fara. Carried ~nanimouel~y NO, 74-34. - A By-law to authorize the teml~rary closing of a ~ert'of Church's lane. OP, E~RED on the motion of Alderman 8chisler, seconded by Aldexmaan Mann that Alderman Fera be 6ranted leave to introduce the by-law au~ the By-law be given a first readin~. Carried Unanimously OBligED on the motion of Aideman Fera, seconded by Aideman Hunt that the By-law be now ~lven a second and third reading. Carried Unanimousl~r No. 74-3~ - A By-law to authorize the execution of an agreement respecting the Niagara District Airport. ORDEEED on the motion of Aldensan Sineaton, seconded by Alderman Fera that Alderman Schisler be granted leave to introduce the By-law and the By-law be given a first reading. W~a~: Aldermen Fera, Mann, Harrigan, Keighan, Sineaton, Schisler, Walker, Thomson ce. Naye: Aldermen Christensen, Hunt, Puttick. Carrie,d ORDF~ED on the motion of Alderman Schisler, seconded by Alderman Narrigan that the By-law be now given a second and third reading. A~e:. Aldermen Fera, Mann, Harrigan, Keighan, Sineaton, Schisler, Walker, ~aomson, WaLlace · Naye: Aldermen Christensen, Hunt, Puttick. Ca~ried No. 7.4-~6 - A By-law to stop up and close and to authorize the selling of part of Fifth Avenue. ORRERED on the motion of Alderman Hunt, seconded by Alderman Fera tha~t Aldsrman Christensen be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORRERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the Byelaw be now given a second and third reading. Carried ~animously No. 74-37_ ' A'By-law to n~nd By-law No. 3790, being a by-law for the regulation of traffic. (Farking prohibition on Legion Street) ORE~D on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Sineaton be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimousl~ OBn~ED on the motion of Alderman Sineaton, seconded by Alderman Christensen that the By-law be now given a second and third reading- Carried Unanimously No. 74-~8 - A By-law to amend By-law No. 5BBS, 195~ of the City of Niagara Falls, as amended, By-law No. 2~50, 1959 of the former Township of Stamford, as amended · and By-law No. 25B0, 1960 of the former Township of Stamford, as amended. (Defining the expressio~ "existing commercial building') ORE~ on the motion of Alderman Wallace, seconded by Alderman Bunt that Alderman Sineaton be granted leave to Datroduce the By-law and the 'By-law be given a first reading. Carried Unanimously. ORIIEEED on the motion of Alderman Sineaton, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously. No. 74-39 - A By-law to authorize the execution of a site plan agreement with Herman Damore Builders T.~mtted. OREgRED on the motion of AldermAn Wallace, seconded by Alderman Fera that Alderman Keighan be granted leave to introduce the By-law and the By-law be given ~he first reading. Carried Unanimously ORIF~ED on the motion of Aldenman Keighan, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimously. No. 74-40 - A By-law to amend By-law N~. 2530, 1960 of the former Township of Stamford, as amended. (N.I~"nore Builders re-zoning - apartment building south side Swayze Drive) ORI~RED on the motion of Alderman Hunt, 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 ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler that the By-law he now given a second and third readthe. Carried Unanimously No. 74-41 - A By-law to authorize the execution of a site plan agreement with ~'~'~"~szk and Gertrude Miszk. ORE~ED On the motion of Alderman Wallace, seconded by Alderman Christensen that Aldem~- Keighan be granted leave to introduce the By-law and the By-law be given the first reading. Carried Unanimously ORnE.~ED on the motion of Alderman Keighan, seconded by Alderman . Christensen that the By-law be no~ given a second and third reading. Carried Unanimously No. 74-42 - A By-law to amend By-law No. 395, '1966 of the former Township of ~y, no~ in the City of Niagara Falls, as amended. (Miszk prol~r~y - Sodore Road - Restaurant Addition) ORESRED on the motion of Alderm~-_ Mann, seconded by Alderman Christensen that Alderman Keighan be granted leave to introduce the By-law and the By-law he given the first reading. Carried Unanimously ORI~ED on the motion of Alderman Keigh_m.n, seconded by Alderman Fere that the By-law he now given a second and third reading. ' Carried Unanimously No. 74-4~ - A By-law to authorize the execution of an agreement with M. J. Storm Limited for the construction of sewermains and watermains and. base roads. OldFinD on the motion of Alderman Eunt, 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 ~animously ORE~ED on the motion of Alderman Wallace, seconded by Alderman Hunt that the By-law be now given a second and third reading, Carried Unanimously - ll - No. 74-~J+ - A By-law to provide monies for general purposes. ORDERED on the motion of AldermanHarrigan, seconded by Alderman Fera that Alderman Wa)fiace be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimqusl~ 0RDEEED on the motion of Alderman Wallace, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimousl~ NEW BUSINESS JACK BELL ARENA Alderman Christensen stated he had received complaints from two coaches about a strip of wood around the bottom boards of the Arena which is coming loose, and also one of the doors which is not closing. The Alderman also mentioned that the arenawas unreasonably cold. NIAGARA SOUTH RECREATION COMpLEX Alderman Christensen mentioned that the sewer and water lines-.being installed at the Complex appeared to be in the wrong location. EEGUIAR CO~NCILM~'A'iNGS AND COUNCIL CO~E~TI~EE MEETINGS Aldernmn Wallace requested that the City Clerk place on the next Council Committee Agenda the matter of Regular MeetingAgendas and Council C,~-m~ittee Agendas. He requested that members of Council be supplied with a copy of the present policy authorizing the Council Cammittee system, and suggested that if the City Clerk had any roco~nendations he bring them forward at the of the meeting. CIVIC PUBLIC WOI~KS AND MUNICIPAL WORLD PUBLICATIONS Alderman Puttick brought to Council's attention articles appearing on page 36 of the Civic Public Works Magazine entitled" Low Bid is sliding from favour" which he suggested might be checked into by the Purchasing Agent; and the article appearing in the February issue of the Municipal World regarding the liability of the Municipal Corporation for the advice and actions of its Munici- pal officers. SOD(~t ROAD INTERCHANGE Aldenmn Hunt asked if their had been action in respect to the City's requsst for improvement to the lighting at the -~odom Road - Q.E.Way interchange. The City Clerk replied that the City' s request had been acknowledged by both The lioncurable J. T. Clement and the Ministry of Transportation & Cc~munications, and the situation was currently being investigated. INFIATION AND INCENTIVES Alderman Thomson c~.mented on a'recentnewspaper article, copies of which had been provided toM embers of Council, wherein it was stated that inflation ~as wiping out incentives. Alderman Thnmmon suggested that the City look into ways of econemizing, and in addition, that a resolution be prepsred requesting the Prov- ince to take into consideration the fact that inflated costs are reducing the value of incentive grants to the Municipality, and that grants should be increased in order for the City to keep upwith the cost of inflation. 0RREEED on the motion of Alderman 8chisler, seconded by Alderman Walker that the meeting adjourn. EEAD-AND ADOtTED, Mayor SEVENTH MEETING Committee Rooms 2 & 3 March 11, 1974. SPECIAL MEETING Following a Council Connittee meeting held Monday, March 11, 1974, Council reconvened~afDrmsl Council session on the motion of Alderman Puttick, seconded by Alderman Hunt. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present with the exception of Alderman Christensen who had retired from the conmittee rooms during the Council Committee meeting. REPORT No.120 - City Manager - Re: Request to Amend the Official Plan. Advising that the Ministry of Housing has received a request from the solicitors for Canadia Niagara Falls Ltd. and Western Realty Shopping Ltd. for a referral of a proposed Official Plan Amendment which was refused by Council on August 7, 1973. The applicants wish to present evidence at the Ontario Municipal Board hearing as to the reason why Council should have designated the Canadia lands for shopping centre purposes. The report reconmends that Council respectfully request that (a) the Minister not refer this latest request for an amendment to the Official Plan to the Ontario Municipal Board as it would affect the City's present plans for commercial development. In the event the request is referred, the Minister~ be requested to direct the Board to hold the application in abeyance until the hearing for Amendment No. 57 has been concluded; (b) in the event the request for an amendment is referred, the Board not consolidate the hearing with that of Amendment No. 57; (c) no new proposals for major shopping facilities be con- sidered in Niagara Falls until Amendment No. 57 has been disposed of and (d) the Regional Municipality of Niagara (i) support the position of Niagara Falls in opposing consolidation of these matters and (ii) not consider any new proposal for major shopping facilities in Niagara Falls until Amendment No. 57 is disposed of. ORDERED on the motion of Alderman Keighan, 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,Keighan,Harrigan,Schisler,Walker,Thomson,Wallace. NAYE:Aldermen Puttick and Smeaton. RESOLUTION No.24 - HUNT - SCHISLER - RESOLVED that a message of condolence be forwarded to the family of the late Albert William Opatovsky, respected resident of the Town of Fort Erie and member of the Town Council; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAW No.74-45 - A By-law to authorize an agreement with R.V.Anderson Associates Limited for engineering services in connection with the Portage Road (formerly Oakes Drive) reconstruction including atom drainage. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that Aideman 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 Thomson that the By-law be now given a second and third reading. Carried Unanimou.sl~ ADJOURNMENT The meeting adjourned at 10:30 p.m. on the motion of Alderman Puttick, seconded by Aldeman Thomson. Read and adopted, Mayor L EIGHTH MEETING Committee Room #1, March 18,1974 COMMITTEE OF THE WHOLE Council met in Coramittee of the Whole on Monday, March 18th, 1974 at 7:00 p.m. His Worship Mayor George Bukator presided as Chairman. All members of Council were present with the exception of Alderman Thomson and Alderman Christensen. Alderman Puttick offered the Opening Prayer. Following consideration of the item presented, the Committee of the Whole arose without reporting on the motion of Alderman Puttick, seconded by Alderman Mann. READ AND ADOPTED, Mayor REGULAR MEETING Council Chambers, March 18, 1974. Council met on Monday, March 18, 1974, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present with the exception of Aldermen Thomson and Christensen. ADOPTION OF MINUTES The minutes of the regular meeting held March 4, 1974 and the special meeting held March 11, 1974, were adopted as printed on the motion of Alderman Mann, seconded by Alderman Fern. DEPUTATION ANTI-POVERTY COALITION CONFERENCE Mrs.Joan Carrier, a delegate to the Conference, was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Fera. Mrs. Carrier read from a prepared brief copies of which had been made available to members of Council. The report on the First Ontario Anti-Poverty Coalition Conference held in Toronto on February 15th and 17th explains the aims and principles of the Coalition and provides information regarding the Conference programs the papers presented, workshops and resolutions. It was 'the opinion of the six delegates from Niagara Falls that the conference was of immense value to the poor people of Ontario and it was the first time they have united with others who are sympathetic to their plight and search for constructive solutions to poverty. The main resolutions passed were approval of a mass cavalcade and lobby to Queen's Park; full employment for those able and willing to work; guaranteed annual income; adequate housing; opposition to increased cost of bread, milk and telephone services; adequate pensions for handicapped persons and the provision of prescription drugs and dental care under OHIP. In conclusion, Mrs. Carrier urged the City Council to lend moral support to the efforts of the delegates to organize an anti-poverty group in the community. She also asked that favourable consideration be given to sponsoring delegates to future annual conferences and suggested the attendance of Aldermen would be a valuable and beneficial experience. In reply to a connnent by Alderman Puttick, Mrs.Carrier indicated the Coalition would be willing to have a representative attend the meetings of the Mayor's C~lttee on Housing. 2 Ontario Anti-Poverty Coalition (Cont'd) It was then moved by Alderman Wallace, seconded by Alderman Puttick that the brief presented by Mrs. Carrier be received and filed and the City Manager be instructed to meet with representatives of the delegates attending the Ootario Anti-Poverty Coalition Conference to consider means of relieving the probiema associated with low income earnings. Carried unanimously. UNFINISHED BUSINESS REZONING APPLICATION - M. & V. AIELLO Report #94 - Planning Administrator - Re: Rezoning application, AM-4/74, M. & V. Aiello, Lots 14 and 15, Plan 62, Montrose Road and Mulhern St. to permit the development of five residential dwelling units and a store. Comm. # 23 - Ungaro and Nicoletti - Submitting a new site plan drawn in accord- ance with a plan provided by the Planning Department; requesting approval of the application. Comm. # 24 - Petition bearing the signatures of fourteen property owners and indicatin~objeceions to the commercial aspect of the application. ORDERED on the motion of Alderman Wallace, seconded by Alderman Walker that Mr. F.Nasello be granted permission to address Council on behalf of the applicant. Mr.Nasello said the plans had been revised and scaled down and will provide four housing units plus the commercial unit; objections to parking were eliminated by the provision of one entrance off Montrose Road rather than two and it was Mr. Aiello's intention to operate the cormmartial outlet for his livelihood. Mr.Nasello said the property was ripe for re-development and described the revised site plan as a sensible proposal. In respect to the petition of fourteen property owners objecting to the plan, he pointed out that a petition approving the application had been presented previously. He urged members of Council not to stifle the initiative of Mr,Aiello and others like him. It was moved by Alderman Walker, seconded by Alderman Wallace that the conmunication be received and referred to the Planning and Development Conmittee together with the revised s its plan. The motion Carried with the following vote: ~YE: Aldermen Hunt, Mann, Keighan, Puttick, Schisler, Walker, Wallace,Smeaton. NAYE:Aldermen Fern and Harrigan. REZONING APPLICATION - MRS.W,SLACK Report #114 - Planning Administrator - Re: Rezoning application,AM-5/74, Mrs. W.Slack,6986 Lundy's Lane, east of Brookfield Ave., to permit the use of an existing apartment for rental to tourists; recommending denial of the appli- cation. Report #121 - Planning and Development Committee - At the Council meeting held March 4, 1974, Council directed that the by-law for property at 6986 Lundy's Lane be amended to include tile use of the one apartment for a tourist commercial purpose. The report recommends that Council certify by resolution that the by-law modifying the zoning of Mrs. Slack's property conform to Official Plan Amendment No.28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Mann, seconded by Alderman Schialer that the report be received and adopted. See Resolution No.25 VILLAGE SOUTH CONDOMINIUM Report #110 - City Manager - Re: Proposed Plan of SubdivisiOn,Village South Condomintum (Dorbern Investments - Nigwit Developments Ltd.) File 27T CDM 456. Reconmending preliminary approval of the plan subject to certain conditions. Report #122 - City Manager - Commenting on the issues raised by Council at the March 4thmeetin8; providing additional information regarding the Planning .Staff recommendation that, in this instance, instead of acquiring land for park purposes, the City require cash-in-lieu and suggesting t~e recommendation is appropriate. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker that the report of the City Manager be received and filed and the proposed plan of sub- division for Village South Condominiums be given preliminary approval subject to six conditions enumerated in the City Mansger's report No,ll0, The motion - 3 - Village South Condominium (Cont'd) Carried with the following vote: AYE: Aldermen Harrigan, Keighan,Puttick,Smeaton,Schisler,Walker. NAYE:Aldermen Hunt, Fern, Mann and Wallace. REZONING APPLICATION - E. and W. Mocniak By-law No.73-65 - An amendment to rezone property located on the west side of Drummond Road, north of Glengate to permit erection of a three-storey apartment building containing not more than nine dwelling units. Report #123 - City Clerk - Advising of an Ontario Municipal Board hearing on April 24th for the hearing of all parties interested in supporting or opposing the application. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the report be received and filed and the hearing date noted. NIAGARA SQUARE SHOPPING CENTRE Comm.# 25 - Alderman R. Keighan - Comments and suggestk~s regarding public support of the Niagara Square proposal. In his written submission, Alderman Keighan suggested that Council authorize and direct the City Clerk and the City Solicitor to immediately prepare an appropriate notice and/or suitable form for placement in the local newspaper and to be made available at City Hall, designed in such a way as to permit local residents to indicate their support of the Niagara Square Plaza by signing their names thereto. The forms to be received in time to be submitted to the O.M.B. as an indication of public support of the shopping centre proposal. ~was moved by Alderman Puttick, seconded by Alderman Wallace that Alderman Keighan's submission be received and filed. The motion Carried with the following vote: AYE: Aldermen Fern, Mann, Harrigan, gmeaton, Puttick, Schisler, Walker, Wallace. NAYE:Aldermen Hunt and Keighan. Alderman Keighan expressed concern about City representatives appearing before the O.M.B. without proof that local residents want, need and support the Niagara Square proposal. He urged citizens to voluntarily submit letters of support. SHRINER'S CREEK WATERCOURSE Report #124 - Mayor Bukator - Advising that notification has been received of an Ontario Municipal Board hearing on May 30th,1974 for the hearing of objections to the City's application for approval of a by-law to undertake works in con- Junction with the W-5-2 watercourse; suggesting the necessity of a complete discussion of the matter and requesting that a special meeting of the Committee of the Whole and the non-elected members of the Planning and Development Committee he held on Tuesday, March 26th at 7:30 p.m. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the F~por~ be 'received and the date of the special meeting approved. COMMUNICATIONS No.26 - Mrs. Wm. J. Hillman -. Comments re: Increased Water Rates. The City Clerk explained that a report being prepared for Council will explain the points of concern raised in the communication and in the local news- paper. Alderman Keighan asked that the report include some reference to the City expenditure of $1,500,000 for construction of s reservoir to gunrange pressure and supply. ORDERED on the motion of Alderman Wallace, seconded by Alderman Fern that the communication be received and filed and Mrs. Hillmen be provided with a copy of the staff report prior to the meeting when it will be.'considered so she may be in attendance.. No. 27 - Chamber of Commerce - Requesting Council to consider the pass ins of a by-law to deter deceptive advertising. ORDERED on the motion of Alderman Runt, seconded by Alderman Walker that the communication be received and referred to Staff for investigation and report. The motion Carried with Alderman Puttick voting contrary and all others in favour. Aldermen Wallace suggested the report include the opinion of the City Solicitor concerning the Jurisdiction of the City to pass such ~ by-law, -4- Communications (Cont'd) No. 28 - Urban Development Institute Ontario - Re: Regional Niagara Policy Plan Public Meetings. Comments re: availability of the "Policy Map" and the "Urban Area Boundaries Map" prior to .the meetings with public and local Councils; expressing concern over the method being used to obtain approval for the new Regional Official Plan. ORDERED on the motion of Alder~mn Schisler, seconded by Alderman Smeaton that the communication be received and filed and the Region be requested to expedite the preparation of the required plan. No. 29 - Regional Municipality of Niagara - Re: Removal of Traffic Signals, Regional Road 51 (Ferry St.) at Buchanan Avenue. Advising that the Regional Council has referred a report on the matter back to the Public Works Depart- ment for further study and will be considered some time in the future. ORDERED on the motion of Alderman Walker, seconded by Alderman Mann that the communication be received and copies forwarded to those persons objecting to the proposal for traffic control changes. No. 30 - Regional Municipality of Niagara - Re: Consolidated Uniform Regional Traffic By-law. Requesting that a City representative be appointed to an inter- municipal technical committee established for the purpose of reviewing a draft consolidated uniform Regional traffic by-law. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the communication be received and filed and a member of the Engineering Department be appointed to represent the Municipality on the committee. No. 31 - John T.Clement,Minister of Consumer and Commercial Relations -Advising that municipal councils are now authorized to issue raffle lottery licences with a total prize structure of $5,000. ORDERED on the motion of Alderman Walker, seconded by Alderman Hunt that the communication be received and filed. No. 32 - Chippawn Public Utility Con~nission - Requesting the City to issue a debenture in the amount of $84,000 for capital expenditure in 1974. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the communication be received and permission granted for the preparation of an appropriate by-law to authorize the capital expenditure. No. 33 - Association of Municipalities of Ontario - Re: Rate Increases for telephone services. Requesting an indication of Council's support of the Association's actions to date. The City Clerk stated that on October 16,1973, the Association of Municipalities of Ontario was notified that the City Council did not oppose the rates requested in Amendment Application "B" and the City wished to withdraw its support of the filing of the intervention. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the communication be received and .filed and City Council reaffirm an earlier decision to withdraw support of the filing of the intervention by the A.M.O. The motion Carried with Alderman Wallace voting contrary and all others in fayour. No. 34 - Canadian Federation of Mayors and Municipalities - Re: 1974 Conference. An invitation to submit proposed resolutions for consideration at the Conference to be held in Winnipeg June 2nd to 6th,1974. ORDERED on the motion of Alderman Runt, seconded by Alderman Harrigan that the co]mnunication be received and referred to the City Manager. REPORTS No. 125 - City Clerk - Report of the Council Committee. 1. PROPOSAL FOR CONSTRUCTION OF NEW SWIMMING POOL - PRINCE CHARLES PARE Representatives of the Recreation Commission outlined a proposal for the con- struction of a new swimming pool at Prince Charles Park. A communication from tbe Niagara Falls & District Labour Council indicated the organization was prepared to provide a sum of $25s000 in money and/or labour and materials to assist in the construction. The Council Committee recommends that Council approve the construction of a swimming pool in Prince Charles Park and the pool be constructed for opening in July, 1974. - 2. RESPIRATORY AWARENESS .WEEK - The Council Con~nittee recommends that the week of April 1st - 8th,1974 be declared "Respiratory Awareness Week in the City of Niagara Falls. ORDERED on the motion of Alderman Mann, seconded by Alderman 8meaton that the report of the Council Committee be received and adopted. Reports (Cont'd) No. 126 - Planning and Development Committee - Re: AM-26/73 T. & T. Mersich, Pt. Range 24, Plan 653, and Lots 1 & 2, Plan 10, east side Stanley Avenue. Approval of the rezoning will permit the erection of a motor inn and coffee shop on property loca ted onStanley Ave.,north of Robinson St.; advising that the Committee approved the application and a by-law and agreement were prepared and submitted to the applicant for approval and signing. The applicant expressed concern with the requirement of a 40 foot side yard and requested the Committee to reconsider this aspect of the by-law. The report advises that at a meeting held March 6th, the Planning & Development Committee recommended that the by-law be approved as originally proposed. The City Clerk advised that the solicitor representing the applicant had requested that the report be withdrawn from the agenda. ORDERED on the motion of Alderman Mann, seconded by Alderman Walker that the report be withdrawn from the agenda and considered at a future meeting and the objectors to the proposal be so notified. No. 127 - Planning and Development Committee - Re: AM-42/73 Taro Properties Inc. Pt.Twp.Lots 26 and 35, Mountain Road - 27T24410 "Mount Forest". An application for approval of a plan of subdivision and rezoning of property located south of Mountain Road, west of Rola Woods Subdivision; recommending that the matter be referred back to the Planning and Development Committee in view of revised condi- tions with regard to the plan submitted. ~ ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 128 - City Manager - Re: Extension of Ker Park. Referring to 4.45 acres of surplus Ontario Hydro land located adjacent to Swayze Drive and the authority granted to the City Manager to negotiate for purchase to provide increased recreational facilities in the general area; recommend ing approval of the purchase from Ontario Hydro of Parcels '~" and "B" with a total area of approximately 4.45 acres at a cost of approximately $23,500.; recommending further that the City Solicitor be authorized to prepare the necessary by-law and documents in con- junction with the Solicitors from Ontario Hydro. ORDERED on the motion of Alderman Fern, seconded by Alderman Hunt that the .report be received and adopted. No. 129 - City Manager - Re: Sale of Lots 26,27,28,29 - Falls Industrial Park. Recommending that City Council approve the sale of Lots 26,27,28 and 29 located at the south-west corner of Earl Thomas Avenue and Progress Street, to Mr. Fritz Draexlmaier at the rate of $7,000. per acre, the total price for 6.08 acres being $42,560.; and, further, that the City Solicitor be authorized to prepare the necessary documents. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. No. 130 - City Manager - Re: Request for Easement by Bell Canada along N.S.& T. Right-of-Way from Montrose Road to Kalar Road.for the purpose of underground conduit installation; recommending approval of an 8' wide easement subject to Bell Canada providing the required Ontario Land Surveyor's plans and descriptions, entering into an easement agreement with the City and that all costs be borne by Bell Canada. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. L No. 131 - City Manager - Re: Regional Niagara 1974 - 1978 Proposed Capital Budget. Noting that aertain works suggested by the City were not included in the Region's five-year Capital Budget and recommending a further request be made to the Region to have the following works included: 1. The provision of Regional funds to assur'e construction of a sanitary sewer from the hight lift pumping station to Montrose Road to service the Niagara Square development. 2. Elimination of the McLeod Road pumping station. 3. Construetion of a trunk sanitary sewer on 8odom Road to facilitate the develop- ment of lands in the Chippawn area. 4. Construction of a bridge on Stanley Ave. across the Welland River including road construction to Lyons Creek Road. 5. Reimbursement for the oversizing of a Regional watermain on Badger Road from Montrose Road to Kalar Road. 6. Construction of a watermain on Montrose Road from the Ontario Hydro right-of- way to the Welland River to provide for future industrial development in the area. -6- Report #131 (Cont'd) Alderman Keighan expressed concern about the indiscriminate extension of services such as water, sewer, etc. and it was his opinion that the subdivider would not necessarily pay a fair share of the cost of the facilities. As an example he made reference to the services extended to the Woodbine area and the subsequent development after the services were provided. The Alderman questioned whether the subdividers' policy was being adhered to in all cases and suggested a need to update the existing policy to reflect current requirements. Alderman Wallace connnented that all service costs were passed on to the purchasers of the land and if greater servicing costs resulted it would necessitate increases in the market value of the lots. While Alderman Keighan agreed to a point, he suggested the costs did not always reflect servicing and the price of land was increasing in any event. ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that the report of the City Manager be received and adopted and the Region be requested to include the six items enumerated in the report in the Regton's five-year Capital Budget' and, further, that some provision be made in the 1974 portion of the five-year budget for an allocation of funds for a new police building in Niagara Falls. No. 132 - City Manager - Re: Regional Waste Management Study. Report on the Regional Waste Management Connittee meeting held February 13, 1974. Advising that most area municipalities indicated an interest in Joining a Regional disposal system in the future and none of the municipalities appeared prepared to join the system until it became economically beneficial or their own landfill sites were depleted. The implementation of such a system, the report suggests, should be planned in stages to suit each municipality. The final report of the Regional Waste Study Committee will be the basis on which the Council of each area munici- pality will decide whether to Join a Regional Waste Management System sometime in the future. ORDERED on the motion of Alderman'Hunt, seconded by Alderman Fera that the report be received and filed. No. 133 - City Manager - Re: Land Division Cummittee. Advising that notification has been received of a Committee meeting on March 19th during which three applica- tions relating to municipal properties will be considered. (a) Taro Properties. The report suggests the following recommendation be forwarded to the Committee; Dedication of lOt road widening on McLeod and Druunnond Road ~rontages; (b) Victor L. Phillips. The application is for easement purposes only and no ~onditions of approval are suggested; (c) Gary W. McDonald. The application provides a legal separation of an existing semi-detached building and no conditions of approval are indicated. The report suggests that once the C~ittee has had sufficient time to establish a system of notification to area municipalities, a discussion be held by Council to determine the manner in which applications will be processed. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the report be received and adopted and the recvmmendations pertaining to the three applications be submitted to the Land Division Coumtttee. No. 134 - City Manager - Re: Lease of old City Hall by Ministry of Government Services for Provincial Court purposes; advising that the lease will terminate on December 31, 1974; reconxaending that His Worship, the Mayor and the City Clerk be authorized to enter into a two year renewal of lease between the Ministry of Government Services and the City for the leasing of 4300 Queen Street at a rental fee of $41,904.00, the terms and Conditions to remain the same as in the current lease. ORDERED on the metion of Alderman Mann, seconded by Alderman Smaaton that the report be received and adopted. No. 135 - CityManager -Rec~,~,~nding that certain items be donated to the Niagara Falls Board Museums for display in either the Niagara Falls or Willoughby Museums. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. No. 136 - City Mana2er - Re: Annual Report of the Fire Department as prepared by Chief S. C. Thomson. ORDERED on the motion of Alderman Hunt, seconded by Alderman Harrigan that the report be redeived and filed and the cmnda~ions of Council be conveyed to Chief Stan Thomson and Deputy Chief Jack Barr. -7 - Reports (Cont'd) No. 137 - City Manager - Re: 15th Annual Achievement Awards Dinner of Champions. Recommending the annual banquet be held on May 23, 1974 and the Recreation Commission be given responsibility for all arrangements. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 138 - City Manager - Re: 1974 Conference, Canadian Building Officials Assoc. Recommending approval of the Building Inspector's attendance at the conference to be held in Halifax, N.S. from April 24th to 26th, 1974. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 139 - City Manager - Re: "C. S. Anderson Road School". Recommending that the Assistant Street Superintendent and two foremen be authorized to attend the road school at the University of Guelph, May 5th to 8th, 1974. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. No. 140 - City Manager - Re: Quotations - Brush Sections & Gutter Brooms. Providing a sunmmry of quotations received; recon~nending acceptance of the quotation received from Canadian Wire Brush for the supply of disposable plywood one piece gutter brooms, polypropylene refill broom sections, segment type disposable gutter brooms and disposable or throwaway type gutter brooms in the total amount of $3,032.22; recommending further that the quotation submitted by Industrial Tractor & Supply for crimped steel refill sections in the total amount of $1,320.00 be accepted. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt, that the report be received and adopted. See Resolution No. 26 No. 141 - City Manager - Building Permits issued for the Month of February, 1974. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera that the report be received and filed. No. 142 - City Clerk - Advisory Report. The report recommends approval of the Niagara Falls Minor Lacrosse Assoc. and Greater Niagara Minor Soccer Association Tag Days; provides a copy of a letter of appreciation from the Niagara Falls Minor Hockey Association for financial assistance as well as information regarding the Funding Program under the Canada-U.S. Agreement on Great Lakes Water Quality. ORDERED on the motion of Alderman Mann, seconded by Alderman Runt that the report be received and adopted. No. 143 - Alderman W. Thomson and Alderman I. Hunt - Report on the Ontario Traffic Conference - Elected representatives Seminar held February 28th, March 1st and 2nd, 1974. ORDERED on the metion of Alderman Hunt, seconded by Alderman Schisler that the report be received and filed. No. 144 - Alderman Runt - Report on the Ontario Good Roads Convention held in Toronto, February 25th to 27th. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and filed. No. 145 - City Clerk - Submitting the application of Mr. Robert Thorne of 7141 Dell Avenue for a 'Refreshment Vehicle' licence and advising that the applicant proposes to operate a regular canteen service. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera that the report be received and tabled for two weeks for additional information, a further report to include answers to questions raised by members of Council regarding local applicants for refreshment vehicle licences, whether Mr. Thorns intends to operate from his residence, and the conxnents of the Health Department. No. 146 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Walker, seconded by Alderman Schisler that the report be received and adopted and licences granted. No. 147 - City Manager - Reconunending payment of Municipal Accounts. ORDERED on the motion of Alderman Hunt, seconded by -Alderman Fera that the report be received and adopted. -8 - RESOLUTIONS No. 25 - MANN - SCEISLER - RESOLVED that the Council of the Corporation of the City of Niagara Fells hereby certify that the by-law modifying the zoning of property known as 6986 Lundy's Lane and owned by Mrs. W. Slack, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 26 - SEATON - HUNT - RESOLVED that the following quotations be accepted: MODEL 770 WAYNE SWEEPER #1 Disposable Plywood One Piece Gutter Brooms - Canadian Wire Brush Co. - $ 806,2! #2 Crimped Steel Refill Sections - Industrial Tractor & Supply - $1,320.6f MODEL 375 ELGIN SWEEPER #3 Disposable Plywood One Piece Gutter Brooms - Can.Wire Brush Co. .- $ 530.1! #4 Polypropylene Refill Broom Sections - Canadian Wire Brush Co. - $ 834.C,Z MODEL 2-984 '73 WAYNE SWEEPER #5 Segment Type Disposable Gutter Brooms - Canadian Wire Brush Co. - $ 276.0Z ~6 Disposable or Throw-Away Type 35 Sections Polypropylene - Canadian Wire Brush Co. - $ 583,~ AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 27 - MANN - HUNT - RESOLVED that the Council of the City of Niagara Falls hereby petition for subsidy under the provisions of The Public Transportation and Highway Improvement Act on expenditures made for public transportation during the year 1973 in .the amount of $367,768.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 28 - HUNT - SCHISLER - RESOLVED that pursuant to The Public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy moneys for public trans- portation for the year 1974 in the amounts of $594,375.00 for the Capital Asset Assistance Program and $113,000. for Transit Operating Deficit; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 29 - KEIGHAN - SNEATON - RESOLVED that a message of sympathy be forwarded to the family of the late Mrs. Cecilia Brennan, respected resident of the Municipality and mother of Deputy Clerk Paul Brennan; AND the Seal of the Corporation be hereto affixed. '~ Carried Unanimously BY-lAWS ~o, 74-46 - A By-law to appoint a municipal weed inspector. 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 a 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'Unanimously ~o. 74-47 - A By-law respecting buildings and structures. 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. The motion Carried with ~ldermsn Wallace voting contrary and all others in fayour. ' ' Alderman Wallace noted that the section of the by-law regarding the provision of fscllities for handicapped persons does not include retail stores and office buildings. He said It was his understanding that it was th~ intent of the brief presented by the Social Planning Council that all new buildings to which the public hsd sccess would be re4uired to provide such facilities. The Alderman suggested the fine distinction between public buildings and buildings to which the public has access confinss the by-law requirements to very few future structures in the City. The City Solicitor said the by-law had been .L - 9- By-law No.74-47 (Coni'd) prepared in accordance with a motion passed by Council that the new building by-law incorporate facilities for the handicapped in accordance with Supplement No.5 of the National Building Code,1970. It was moved by Alderman Wallace, seconded by Alderman Walker that the by-law be tabled for one month and referred to staff for a further report. The motion was Defeated with the following vote: AYE: Aldermen Wallace and Walker. MAYE:Aldermen Hunt, Fera, Mann, Harrigan, Keighan, Smeaton, Puttick, Schisler. It was then moved by Alderman Puttick, seconded by Alderman Harrigan that the Permit Fee Schedule of the by-law be amended to provide for a permit fee of $15.00 for each $1,000. of cost of swimming pool installations. The motion was Defeated with the following vote: AYE: Aldermen Puttick, Harrigan, Fern. MAYE:Aldermen Hunt, Mann, Keighan, Smeaton, Schisler, Walker, Wallace. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the By-law be now given second and third readings. Carried Unanimously No. 74-48 - A By-law to designate employees for the purposes of the Building · By-law, 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 a first reading. Carried Unanimousl~ ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimousl~ No. 74-49 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera that Alderman Hunt be granted leave to introdqce the By-law and the By-law be given a first reading. Carried Unanimousl~ ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimousl~ NEW BUSINESS NIAGARA FALLS ARENA Alderman Hunt suggested the appearance of the Niagara Falls Memorial Arena would be improved by tearing down old signs and erecting attractive welcome signs. PROPERTY TAX BILLS Alderman Fern reported receiving complaints that property owners have only ten days from the date of the tax bill to pay taxes and enquired about the possibility of extending the due date for pensioners. The City Manager stated that the interim tax notice was advertised regularly in the local newspaper and the penalty, depending on the amount of taxes, is minimal. COMPlAINTS OF NOISE - FORMER KIMEERLEY CLARK BUILDING & GERBER~S Alderman Fern noted that residents living near the G. & A. Holdings building on Victoria Ave. (formerly Kimberley Clark)continue to report the nuisance of boiler noises and asked what steps had been taken to resolve the matter. The City Clerk explained that staff has been working with the Ministry of Environment regarding this psrticuler complaint as well as similar complaints about the Gerber plant operation. Two representatives of the Ministry had visited both sites but a report on their findings has hoe ye~ been receivcd. ...... ~e City ClFrk will again contact the Minfs~r~,F£ the ,E~yi~m~nt.' ...... - 10 - BUSINESS (Conrad) LOCAL IMPROVEMENTS Alderman Smeaton made reference to an srticle appearing recently in the Globe and Mail to the effect that the Borough of Etobicoke had decided to assume the entire cost of local improvements and enquired about the advantages of the proposal for the City of Niagars Falls. Alderman Mann expressed concern that such a decision would be decidedly unfair to those people who, over the years, have been required to provide improvements based upon frontage charges. The City Manager stated that under the City's existing policy, the municipality absorbs 40% of the charges and improvements in new areas are generally covered by subdivision agreements and it is not necessary to take advantage of t~e provisions of the Local Improvement Act. Alderman Smeaton suggested the City keep in contact with the Borough of Etobicoke to datemine the success of their decision. j NINTH MEETING Committee Rooms 2 & 3 March 25, 1974 SPECIAL MEETING Following adjournment of a Council Committee meeting held Monday, February 25, 1974, Council reconvened in formal Council session on the motion of Aldeman Smeaton, seconded by Alderman Wallace. All Members of Council were present with the exception of His Worship Mayor George Bukator. RESOLUTIONS OAKES DRIVE Alderman Puttick referred to a statement in the Niagara Falls Gazette regarding the costs that may be incurred by the City for the restora- tion of Oakes Drive and questioned the source of the information. The matter was referred to the City Manager. DECLARATION OF LAND INTERESTS It was moved by Alderman Puttick, seconded by Alderman Fera that a resolution be prepared requesting the provincial government to enact' legis- lation requiring all municipally elected officials and members of the Planning and Development Committee to declare their interest in land holdings within the Regional Municipality of Niagara and the resolution be forwarded to all area municipalities for endorsation. The motion was Defeated with the following vote: ' AYE: Aldermen Puttick and Fete. .NAYE:Aldermen Hunt, Mann, Harrigan, Keighan, Smeaton, Schisler, Walker, Wallace. NORTH END MARKET Alderman Wallace questioned an article appearing in the Review which indicated the City had only preliminary sketches of the proposed North End Market and these had been prepared for another slte and were not applicable to the location presently being considered for development. The City Manager explained that the original plans were drawn up in conjunction with urban renewal plans and to tie in with improvements to the rear of stores between Cryslat and St.Clair Avenues, Council recently approved funds for a market building and parking lot and it is hoped the final design can be prepared by City Staff. · BUILDING BY-LAW Alderman Wallace referred to the new building by-law and connented on the interpretation of "public buildings" for the purposes of implementing Supplement No,5 of the National Building Code. The Alderman suggested that the Municipality investigate the procedure used in other municipalities who have adopted the supplement which deals with the provision of facilities for the handicapped. He also requested information as to how the City's by-law can be expanded to provide such conveniences in buildings to which the general public has access. ORDERED on the motion of Alderman Wallace, seconded by Alderman Keighan that the City Manager be instructed to prepare a report dealing with the effective ~mplementatlon of Supplement ~5 of the National Building Code and the Social Planning Council be advised of the date of,the meeting when the report will be submitted to Council. The meetin8 adjourned at 11:30 by Alderman Hunt. ADJOUR/~NT ~tion of Alderman Puttick, seconded -READ AND ADOPTED, Mayor No. 30 - SMEATON - WALLACE - RESOLVED that Alderman Harry Schisler be appointed as Presiding Officer for the purposes of the formal Council session on March 25, 1974, during the absence of His Worship Mayor George Bukator; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 31 - THOMSON - WALKER - RESOLVED that the Statement of proposed Expenditures for Public Transportation and Highway Improvements for the year 1974 dated March 25, 1974, be adopted as presented, in the total estimated cost of $1,620,000.00 with an estimated subsidy cost of $810,000.00; AND BE IT FURTHER RESOLVED that the Statement of Proposed Supplementary expenditures for Public Transportation and Highway Improvements for the year 1974 dated March 25, 1974, be adopted as presented in the total estimated cost of $921,800.00 with an estimated subsidy cost of $460,900.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAW.. No. 73-267 - A By-law to impose special charges on certain classes of buildings with respect to sewer and water systems. (The By-law was given first and second readings on November 26, 1973) THIRD READING - Alderman Mann and Alderman Hunt. Carried Unanimously REPORT No. 148 - City Manager - Re: Rental Equipment for Landfill Site. Recommending ~acceptance of the tender submitted by Duffin Excavation Contractors in the amounts of $15.75 per hour for a front end loader and $14.85 per hour for a bulldozer. ORDERED on the motion of Aideman Thomson, seconded by Alderman Smeaton that the report be received and adopted, The motion Carried with the followin~ vote: AYE: Aldermen Hunt, Mann, Harrigan, Puttick, Smeaton, Thomson, Wallace. NAYE: Aldemen Christensen, Fare, Keighan and Walker. The meeting adjourned to Co~,m~ittee of the Whole at 11:50 p.m. on the motion of Alderman Christensen, seconded by Aideman Walker EEAD AND ADOPIZD, lark ~ Presidin~ Office~ - 2~ CCMMITTEE OF THE WHOLE Conunittee Rooms 2 & 3 March 25, 1974. Council met in Committee of thaW Hole on Monday, March 25, 1974, following a Council Committee Session and a special meeting of Council. All members of Council were present with the exception of His Worship Mayor George Bukator. Presiding Officer, Alderman H. Schisler, acted as Chairman. Following consideration of the items presented, the Con~nittee of the WHole arose without reporting on the motion of Alderman Walker, seconded by Alderman Christensen. READ AND ADOPTED, Clerk - ing O flc;r:: ' ' TENTH MEETING Committee Room #1, March 26,1974. COMMITTEE OF THE WHOLE 7:30 p.m. Puttick. Council met in Committee of the Whole on Tuesday, March 26, 1974, at All Members of Council were present with the exception of Alderman His Worship Mayor George Bukator presided as Chairman. Following consideration of the items presented, it was moved by Alderman Mann, seconded by Alderman Schialer that the Committee of the Whole arise and report regarding the appointment of an Acting Mayor. READ AND ADOPTED, Mayor COUNCILMEETING Conmittee Roams 2 & 3 March 25, 1974. Council met in open session following a meeting of the Committee of the Whole on Monday, March 26, 1974. All Members of Council were present with the exception of Mis Worship Mayor George Bukator. Alderman Schisler, as Presiding Officer, acted as Chairman. The meeting adjourned. READ AND ADOPTED, , SPECIAL MEETING Committee Room #1, March 26, 1974. Council met in open session following a meeting of the Committee of the Whole on Tuesday, March 26, 1974. All Members of Council were present with the exception of Alderman Puttick. His Worship Mayor George Bukator presided as Chairman. The following_action was taken:_ Resolution No. 32 - KEIGHAN - SCHISLER - RESOLVED that Alderman 3. Harrigan be appointed Acting Mayor for the period April 1st to April 5th, 1974, during the absence of His Worship Mayor George Bukator; AND the Seal of the Corporation be hereto affixed. Carried Unanimously The meeting adjourned on the motion of Alderman Thomson, seconded by Alderman Mann. READ AND ADOPTED, erk -, , Mayor ELEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room ~1, April 1, 1974. Council met in Connnittee of the Whole on Monday, April 1, 1974, at 7:00 p.m. All Members of Council were present with the exception of His Worship Mayor George Bukator. Alderman Christensen presided as Chairman. Following consideration of the items presented, it was moved by Alderman Mann, seconded by Alderman Runt that the Cormnittee of the Whole arise without reporting. READ AND ADOPTED, lerk Acting Mayor REGULAR MEETING Council Chambers, April 1st, 1974. Council met on Monday, April 1st, 1974, at 7:40 P.M. for the purpose of considering general business. All Members of Council were present with the exception of His Worship Mayor George Bukstor. Alderman Harrigan, as Acting Mayor, presided as Chairman. Alderman Keighan offered the Opening Prayer. ADOPTION OF MINUTES The minutes of a regular meeting held meetings of March 25th and 26th were adopted as Alderman Thomson, seconded by Alderman Smeaton. March 18, 1974 and special printed on the motion of UNFINISHED BUSINESS COMPLAINTS OF NOISE - KIMEERLY-CIARK AND GERBER BUILDINGS Report No. 149 - City Manager - Re: Complaints of noise emsnafcing from the former Ktmberly-Clark building on Victoria Ave. and the Gerbers plant on Stanley Ave. Noting that both complaints have been investigated by representatives of ~he Ministry of the Environment and advising of a meeting in Toronto on April 3rd at which time the complainants will be given an opportunity to meet with Ministry representatives to discuss the matter in full; requesting that Council authorize the attendance of a City representative at the proposed meeting. ORDERED on the motion of Alderman Christensen, seconded by Aldernmn Fern that a petition signed by sixteen persons living in the vicinity of the Getberg Plant be included on the agenda. Comm. No. 35 - Mr.& Mrs.A.Terriaca and 15 Others.- Objecting to noise and vibration from the Gerber Products Plant since the installation of new boilers; commenting on health problems resnlting from disturbed sleep and twenty-four hour exposure to the noise. Mrs. Terriaca was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Fern. Mrs. Terriaca read the petition in it8 entirety. Alderman Thomson questioned the possibility of the meeting being held in Niagara Falls rather than in Toronto for the convenience of interested local residents. The City Clerk suggested it would be difficult to change the arrangements st this late date. Mrs. Terrtaca said she understood that other Ministry officials would be available and the petitioners would have an,opportunity to converse with all of them. She expressed concern about the Report No. 149 (Cont"d) possibility of further delays. - 2- It was then moved by Alderman Mann, seconded by Alderman Christensen that the report of the City Manager be received and adopted and a member of City staff be authorized to attend the proposed meeting. The motion Carried with Alderman Thomson voting contrary and all others in favour. COMMUNICATIONS No. 36 - Mrs. Myrtle Sloggait - An objection to the rezoning of property located at 6986 Lundy's Lane and questioning the necessity of the commercial designation. No. 37 - Mr.W.K.Psttison - Re: ~M-5/74 Mrs.W.Slack,6986 Lundy's Lane. An objection to the commercial aspects of the rezoning of the property. Mr. Pattison was granted leave to address Council on the motion of Alderman Thomson, seconded by Alderman Hunt. Mr. Pattison expressed concern that the rezoning would lead to use of t~ property for commercial purposes. He indicated that a business was being operated from the buiMing and suggested the property owners were trying to get access to the back property through Pew Street. Acting Mayor Harrigan explained that according to the provisions of the proposed by-law the Slack property will remain single family residential and Mrs. Slack will be permitted to use the second floor for the purpose of one apartment to provide sleeping accommodat ion for tourists. Alderman Smeaton questioned the legality of using the dwelling as a storage area for plumbing supplies. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Wallace that the communications and By-law No. 74-50 be tabled and referred to the Building Inspector for investigation of the commercial operation and a report to Council. No. 38 - Chamber of Commerce - Policy Resolution regarding amendments to Ontario Municipal Board proceedings for presentation to the Ontario Chamber of Commerce; requesting the comments of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wallace that the communication be received and filed and the Chamber of Connerce be provided with a copy of the City's submission to the Select Committee on the Ontario Municipal Board. No. 39 - Niagara Falls Youth Hostel Committee - Advising that the service will again be offered from June 1st to September 7th, 1974 and the application for a government grant requires the approval of City Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the communication be received and filed and the operation of the Youth Hostel be approved. No. 40 - Blossom Festival - Civic Liaison Cormuittee - Providing a Calendar of Events for the 1974 Festival; requesting the approval of Council and certain parking regulations, road closures, use of parks and City equipment. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the communication be received, the Blossom Festival endorsed and the request for assistance approved. No. 41 - Regional Municipality of Niagara - Re: Drummond-Portage-Morrison Proposal.' An invitation to Council members and City staff to attend a public meeting on April 22nd for a preview of the Regional proposal. ORDERED on the motion of Alderman Thomson, seconded by Alderman Keighan that the communication be received and filed and as many members of Council as possible and appropriate City staff attend the Suggested meeting. No. 42 - Regional Municipality of Niagara - Re: PSrking'Prohibition, 'Dorchester Road, Pinedale Drive to Thorold Stone Road. Advising that the report of the ReSional Public Works and Utilities Committee will be considered by Regional Council on April 4,1974. ORDERED on the motion of Alderman Christensen, seconded by Alderman lq~omson that the eo~mnunication be received and filed. - 3 - REPORTS No. 150 - City Clerk - Report of the Council Committee. Recommending ratification of the decisions of the Council Committee. RECREATION COMMISSION RE-ORGANIZATION - A report from the Recreation Commission recommended reorganization of the existing structure to reflect the creation of area recreation boards and staff complements for the Stamford-Jack Bell complex, the Niagara South complex and the Niagara Falls Arena. The Council Committee recommended adoption of reports from the City Manager and the Recreation Commission. DOWNTOWN MALL - Recommendation - That the petitioners objecting to the City's proposal to permit a downtown mall meet with the Mall Committee of the Downtown Business Association to review the objections raised and attempt to resolve the points of difference. PROPOSED PLAN OF SUBDIVISION - Recommendation - That the developer of 'IBambi Estates'* be required to provide not more than 5% of lands as required under the ..provisions of The Planning Act; that reference to the extension of Dunn St. be deleted as a condition of approval and that representatives of the City and the subdivider be asked to meet in order to reach agreement on the provision of two points of access to lands bordering on the north of the proposed subdivi- HOSPITAL PARKING - Recommendation - That City Council approve the construction of improvements at the hospital parking lot by City forces and contractors; funds to be obtained from the parking fund with repayment in full by the hospital from parking lot revenue. SUNDAY CLOSING HOURS - The Council Committee recommends that the approach outlined in the report of the City Manager with respect to the "Green Paper on Sunday as a Common Day of Rest and Uniform Store Hours" be adopted and the Region be notified accordingly. LANDLORD AND TENANT ADVISORY BUREAU - It is recommended that City Council adopt. the report submitted by the City Manager which suggested appointees to the proposed Landlord and Tenant Advisory Bureau and the Regional Municipality be requested to pass an appropriate resolution confirming the appointments; recommending further that the Region be asked to name Regional Councillor Walter Scott as the Region's representative and Alderman R. Keighan as the representative of the City Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report of the Council Committee be received and adopted. The motion Carried with Alderman Keigha~ voting contrary and all others in favour. Report No. 151 - Planning and Development Committee - Re: AM-45/73 T.J.Hishon, Lot 7, Concession 2, northeast corner Sodom and Shark Roads. Approval of the application will permit erection of a restaurant. The report recommends approval of the application subject to a Site Plan Agreement and Health Unit Approval and that Council certify, by resolution, that the application conforms to Official Plan No. 29 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fern that the report be received and adopted. See Resolution No.34 No. 152 - Planning and Development Committee - Re: AM-9/74, J.Lupia, Lot 1, R.P.N.S.18, northwest corner of Dolphin Street and Dorchester Road. An applica- tion for rezoning to permit construction of a single family dwelling. Recormmending approval of the application and 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 Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolution No. 35 -4- Reports (Coni'd) No. 153 - City Manager - Re: AM-14/74, Cross Country Investments Ltd.,Pt.Lots 105,116 & 123, west side Montrose Road between Woodbine Street and C.N.R. right-of-way. The applicants wish to construct a shopping centre on former race track lands located at the intersection of Montrose Road and the propnsed extension of Morrison Street. The report notes that Council had previously adopted a recommendation that "no new proposals for nmjor shopping facilities be considered in Niagara Falls until Amendment No. 57 has been disposed of". ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the report be received and filed. It was then moved by Alderman Wallace, seconded by Alderman Fera that the City Solicitor be asked-to report verbally regarding what occurred at the Motion of Hearing in Toronto today. The motion Carried unanimously. Mr. Young reported that the panel of the Board had decided to keep to the tentative date of April 29th to hear the City's application for approval of the Niagara Square Shopping Centre. Directions have been given for notices and the first publication will be in the newspaper this week. During the meeting, the panel denied the request of counsel for the Dorchester Square development to have the Regional commercial policy referred to the Board by the Minister and dealt with at the hearing. It was indicated that counsel for Cross Country Investments will ask that the April 29th hearing be adjourned. Mr. Steel represented the City and was supported by counsel for the Region. Mr. Young commented on the excellent cooperation received from the Regional Planning end Development Committee, Council and staff. No. 154 - Planning and Development Connnittee - Re: AM-55/73, Bonato Bros., Pt. Lot 28, Lots 29-36, Pt.Lot 95, R.P. 38, west side Portage Road,"Bonneville Apartments". The applicants wish to construct an additional 22-unit apartment building on property immediately north and adjoining the existing Bonneville apartments. The report recommends approval of the application subject to a site plan agreement with the Corporation and subject to further Regional comments and, further, that Council certify, by resolution, that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. Mr. D. Barnes was granted permission to address Council on the motion of Alderman Hunt, seconded by Alderman Thomson. Mr. Barnes spoke on behalf of his daughter and son-in-law, owners of property immediately adjacent to that of the applicant. He stated that at the meeting of the Planning and Development Committee he had requested that a decision on the application be postponed for sixty days during which it is expected additional information will be available in respect to the Portage Road bridge and the affect on his daughterts property. Mr. Barnes questioned the possibility of amending the zoning by-law to include his property to permit development of multi-family dwellings. He also suggested that precautions be taken to avoid the possibility of car lights in the parking lot.shining into the windows of the existing home. Acting Mayor Harrigan pointed out that an application for rezoning would be required in order to have the additional lands included in the by-law. The Planning Administrator indicated he would have no hesitation in recommending the property for multi-family use of some density. He also suggested that screening for car lights could be considered in the site plan. ORDERED on the motion of AIderman Hunt, seconded by Alderman Fera that the repor,t of the Planning and Development Committee be received and adopted. See ReSolution No.36 No. 155 - City Manager - Re: Neighbourhood Shopping Centre on Drummond Road and Re: One Foot Reserve, Block "F"~ Plan 203, abutting Cherrywood Road. Noting that Council had previously approved the lifting of the one foot reserve and the present owners, Peekskill Developments Ltd., have executed a site plan agreement; recommending approval of the two by-laws appearing later on the ageads. ORDERED on the motion of Alderman Harm, seconded by Alderman Hunt that the report be received and adopted. The motion Carried with Alderman Puttick abstaining. See By-laws ~0s.Z~:56 &_74~'}Z - 5 - Reports (Coni'd) No. 156 - City Manager - Re: Sale of Lot 13 - Falls Industrial Park. Recommending that City Council approve the sale of Lot 13 to Assembly Electronics Limited in the amount of $8,680. and the City Solicitor be authorized to prepared the necessary documents. Mr. D. Susin was granted permission to address Council on the motion of Alderman Keighan, seconded by Alderman Christensen. Mr. Susin indicated his interest in purchasing Lot 13 for showroom purposes and the lot to the rear of it, No. 16, for an industrial operation. He questioned the recommended sale of land to Assembly Electronics inasmuch as he had made an offer to purchase Lot 13 on March 15th. The City Manager explained that for the past several weeks, four companies had been involved in negotiations for the purchase of lots within the Falls Industrial Park, including Lot 13. He had been made aware of the offer to purchase Lot 13, he said, but it was his understanding that Mr. Susin had been advised of pending transactions. The City Manager said he was not at liberty at this time to disclose details of negotiations for the sale of industrial lots. Alderman Wallace suggested that · Council should be kept informed of any formal offers to purchase lots in the Falls Industrial Park. A motion by Alderman Wallace, seconded by Alderman Christensen to table the report for two weeks and staff be instructed to meet with Mr. Susin and Mr. Balogh to decide on the allocation of lots was Defeated with the following vote: AYE: Aldermen Wallace, Christensen, Fera, Mann, Keighan. NAYE:Aldermen Walker, Thomson, Smeaton, Schisler, Puttick, Hunt. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and the City ~nager be instructed to meet with Mr.. Susin and Mr.Balogh, Proprietor of Assembly Electronics Ltd., and if the problems can be resolved, the City Manager be authorized to proceed with the sale of lots in the Falls Industrial Park. It is understood that if the problems are not resolved, the matter will be placed on the agenda of the next regular meeting. The motion Carried unanimously. No. 157 - City Manager - Re: Land Acquisition. Connnenting on the present proce- dure for acquiring land for municipal purposes; suggesting a revised procedure whereby costs to the municipality both for escalated land costs and time features will be kept to a minimum and individuals will be compensated for the value of his land at the time of filing the expropriation plan; reconmending that the City proceed directly into expropriation procedures when land acquisition is necessary involving four or more properties; recommending further, that staff be authorized to continue negotiations with individual land owners through the expropriation procedure to ensure a proper understanding of the problems both by the City and the individual land owner. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received end adopted with the exception that the suggested procedure will be followed where any acquisition is necessary and will not be restricted to instances where four or more properties are involved. The motion Carried with Alderman Puttick voting contrary and all others in favour. No. 158 - City Manager - Re: 15 Townhouse Units South Side Frontenac Street,Part Registered Plan 246. Advising that the Committee of Adjustment approved a minor variance to permit the reduction of the density of one unit per 2,900 square feet of lot area; recommend ing approval of the amended S ire Plan as presented. ORDERED on the motion of Alderman Hunt, seconded by Alderman Puttick that the report be received and adopted. No. 159 - City Manager - Recommending approval of an application for a Sign Permit to erect a sign on the front wall of the new Niagara Farms Market on Ferry Street. ORDERED on the motion of Aldermen Mann, seconded by Alderman Schisler tha~ the report be received and adopted. No. 160 - City Manager - Re: Railing on Bridge over Hydro Canal - Royal Manor Extension. Responding to the request of Council for a report on the cost of installing a higher railing on the bridge to provide more adequate safety protection for pedestrians, particularly school children; suggesting that the Royal Manor Extension bridge over the Hydro Canal be made safer by installing a four foot high galvanized steel fence on the outside of the existing railing; the estimated cost of installing the fence on both sides of the structure is $4,000. The report also suggests a formal resolution be sent to the Ninistry of Transportation and - 6- Report No.160 (Cont'd) Cormnunications requesting reconsideration of the present standard bridge railing design used throughout the Province. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Puttick that the report be received and adopted; the recommended fence be installed on the west side of the bridge only and a formal resolution regarding the present standard bridge railing design be prepared for submission' to' the M.T.C. and circulation to area municipalities for endorsation. No. 161 - City Manager - Re: Proposed Agreement for Armstrong Cable TV. Submitting a copy of the agreement which sdequately safeguards the City against claims for damages and the restoration of any City right-of-way;noting that the location of each individual installation is also subject to the approval of the City; recommending approval of the authorizing by-law. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that the report be received and adopted. The motion Carried with Alderman Wallace voting contrary and all others in favour. See By-law No.74-62 No. 162 - City Manager - Re: Cul-de-sac at North End of Oakwood Drive. Suggesting a more appropriate location for a turn around for vehicles using Oakwood Drive would be to the north of Registered Plan 228 on lands owned by Ontario Hydro; advising that the required 0.3 acres can be purchased from Ontario Rydro for an amount of $2,250.; recommending acceptance of the offer and City Staff be authorized to have the necessary plan and agreement prepared to permit completion of the transaction. ORDERED on the motion of Alderman Keighan, seconded by Alderman Smeaton that the report be received and adopted. No. 163 - City Manager - Re: Parking on Prince Edward Avenue. Recommending preparation of the necessary by-law to prohibit parking at all times from the westerly side of Prince Edward Avenue from Lundy's Lane 135' northerly. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fern that the report be received and adopted. No. 164 - City Manager - Re: Street Lighting on Ontario Avenue from Simcoe Street to Park Street. Recommending that the cost of new street lighting on Ontario Avenue be paid for from the 1974 operating budget in accordance with existing policy. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted. No. 165 - City Manager - Re: Land Division Committee. Advising that the Committee will consider two applications for severances relating to local properties: (s) A.B.Miller. The report advises that the Engineering Department has reco~nended the imposition of several conditions and enumerates the reasons why Planning Staff cannot support the application; recommending that comments of the City Engineer and the Planning Department be forwarded to the Region. (b) Redekop Builders (Port Colborne)Ltd. - Submitting a copy of an engineering report and advising that the Planning Department has suggested a condition that approval of the severance is subject to the applicant receiving approval from the City Council for a revised site plan reflecting the severances; reconmaending that comments of City Staff be forwarded to the Land Division. Committee. Alderman Thomson suggested that recommendations and con~nents con- tained in reports on applications for land severances have a bearing on whether the application is approved or denied by the Land DiviSion Committee. He expressed the opinion that applicants should be notified that such reports were to be considered by Council and given an opportunity to comment. ORDERED on the motion of Alderman Mann, seconded by Aideman Fera that the report be received and adopted. No. 166 - City Manager - Re: Recreation Grants. Advising that the Niagara Region Professional Recreation Society is compiling information relating to grants affecting municipal recreation and the City's cor~nents have been requested. ,The report enumerates the grants available for recreation programs and 'facilities and advising thst the required forms, enquiries and staff involve- ment in applying for the grants is very time consuming; requesting that the Niagara Region Professional Recreation Society be informed of the City's concern about the n,m~er of grants snd suggest that consolidation of recreation grants be investigated. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the report be received and adopted. Reports (Cont'd) No. 167 - City Manager - Re: 1973 Annual Report - Engineering Department. ORDERED on the motion of Alderman Wallace, seconded by Alderman Fera that the report be received, approved and filed. No. 168 - City Manager - Re: Tenders on Surface Treatment, 1974. Recommending acceptance of the unit prices tendered by Eastland Brothers. The report advises that tender specifications include an escalation clause providing for an adjust- ment of 0.4 cent per gall per dollar the asphalt flux has increased or decreased at the time of construction. A confiden~al letter stating the basic prices of both types of bituminous materials f.o.b. refinery must accompany the tenders and all work will be adjusted to the fluctuation of the unit price. The report recommen~ that the City Engineer be authorized to make such adjustment to work and prices as warranted on the basis of prices submitted in the confidential letter and the letter remain in his care. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.37 No. 169 - City Manager - Re: Tenders for Materials 1974. Reconmending acceptance of various bids for the supply of the following materials: Tires, Tubes and Tire Repairs; Gasoline, Diesel Fuel,Furnace Fuel and Kerosene; Cement, Masons Lime and Seal Bond; Ready Mix Concrete; Crushed Stone or Gravel for Roads; Sand; Hot ~ Mix Asphalt & Asphaltic Cold Patch; Oxygen and Acetylene; Supply and Application of Traffic Line Striping; Hydrants, Gate Valves, Tapping Valves & Sleeves and Valve Boxes. ORDERED on the motion of Alderman Mann,.~seconded by Ald. Schisler,' that the report be received and adopted. See Resolution No.38 No. 170 - City Manager - Re: Sanitary Sewer Main and Watermain - Oakes Drive. Recommending that the tender for the installation of a short section of sanitary sewer main and watermains on Oakes Drive southerly from Dunn Street, be awarded to the low bidder, Vincent Kerrio-Germano at the quoted price of $13,032.00. ORDERED on the motion of Alderman Christensen, seconded by Alderman Schisler that the report be received and adopted. See Resolution No. 39 No. 171 - City Manager - Re: Tenders for Rental of General Purpose Equipment,1974. Submitting a schedule of the tenders received; recommending that the schedules be used, starting with the economically lowest rate for equipment available and suitable when required for City operations. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.40 No. 172 - City Manager - Re: Spring Rubbish Collection. Recon~nending that the spring collection of rubbish be commenced as soon as possible and homeowners be notified through suitable advertising in the press and on the radio. ORDERED on the motion of Alderman Christensen, seconded by Alderman Wallace that the report be received and adopted. No. 173 - City Manager - Re: Issue of Debentures. Submitting a schedule of capital projects to be financed for the City in the aggregate amount of $620,000.; recommending that the City request the Regional Municipality to issue debentures in accordance with the terms and amounts set out in the schedule and the City confirm it has entered into a contract for, or authorized the commencement of all works or projects included in the schedule. ORDERED on the motion of Alderman Mann, seconded by. Alderman Hunt that the report be received and adopted. See Resolution No. 33 No. 174 - City Manager - Re: Ontario Section - American Waterworks Association Annual Conference,Windsor,Ontario, April 28th to May lst,1974. Recommending that three members of the engineering staff and at least one Alderman be authorized to attend. ORDERED on the motion of Alderman. Mann, seconded by Alderman Thomson that the report be received and adopted and Aldennan Hunt be authorized to attend the conference as Council's representative. -8- Reports (Coat'd) No. 175 - City Manager - Re: Canadian Federation of Mayors & Municipalities Annual Conference, Winnipeg, June 2nd to 6th,1974. Recommending that His Worship Mayor Bukator and one Alderman attend the C.F.M.M.Conference and the City Manager and City Clerk attend both the C.F.M.M.Conference and the Canadian Association of Municipal Administrora Conference, which run con- secutively. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted and Alderman Barrigan be authorized to attend as Council's representative. No. 176 - City Clerk - Advising that the Assessment Review Court has approved the write-off from the Collector's of certain tax arrears amounting to $2,045.93; recommending that the City Treasurer be permitted to strike the property taxes from the Collector's Roll. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. No. 177 - City Clerk - Re: Application of Mr.Robert Thorne for a Refreshment Vehicle Licence. The applicant proposes to operate s regular canteen type of service to local businesses and industries. Mr. Thorne was granted leave to address Council on the motion of Alderman Schisler, seconded by Alderman Thomson. Mr.Thorne confirmed that he lives in the City of Niagara Falls and plans to have the vehicle call on industries, service stations, factories and construction sites. The operation was recently approved in the Town of Fort Erie. In reply to questions by AldermanThomson, he said there was no cooking in the vehicle, food was pre-packaged and ice is used to cool and preserve pop and milk. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report of the City Clerk be received and filed and Mr.Thorne's application for a Refreshment Vehicle Liceace be approved. No. 178 - City Clerk - Recommending approval of Municipal Liceaces. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted and liceaces granted. Note: Alderman Keighan retired from the Council Chambers No. 179 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the report be received and adopted. BY-LAW.S No.74-50 - 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. (Mrs~W.Slack, Lundy's Lane) Note:.The By-law was tabled pending a report from the Building Inspector. See Page 2, Communication Nos. 36 and 37. No. 74-51 - A By-law to authorize the execution of a site plan agreement with Tobias John Hishon and Elizabeth Patricia Hishon. (Northeast Corner Sodomand Sherk Roads) 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 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. 74-52 - A By-law to amend By-law No.395,1966 of the former Township of Willoughby, now in the City of Niagara Falls,. as amended. (Hishon) - 9- By-law No.74-52 (Cont'd) 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 Unanimousl7 ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the By-law be now given a second and third reading. Carried Unanimousl7 No. 74-53 - A By-law to authorize the executian of a site plan agreement with Bonato Brothers Company Limited. (West Side of Portage Rd."Bonneville Apts.".) ORDERED on the motion of Alderman Hunt, 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 Unanimousl7 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. 74-54 - 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. (Bonato Bros.) Note; Alderman Keighan returned to the Council Chambers. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that Alderman Chris tensen be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimousl7 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. 74-55 - 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. (J.Lupia,northwest corner of Dolphin St. and Dorchester Rd.) ORDERED on the motion of Alderman Schisler, 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 Fete, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously. No. 74-56 - A By-law to authorize the execution of ~ site plan agreement with Peekskill Developments Limited. ORDERED on the motion of Alderman Hunt, seconded by Aldem an Keighsn 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. 74-57 - A By-law to establish the reminder of Block "F", Registered Plan No. 203 for the former Township of Stamford as a public highway.(Peekskill Dev.) ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Alderman Mann be 8ranted leave to introduce the By-law and the By-law be given s first reading. Carried Unanimou~l~ .... By-law No.74-57 (Cont'd) - 10- 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. 74-58 - A By-law to authorize a subdivision agreement with Pintar Constr. Limited. (Sunhilts Extension Subdivision) 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. 74-59 - A By-law to establish Lot 19, Registered Plan N.S.-2 as a public highway. (Sunnylea Crescent) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that Aldernmn 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. 74-60 - A By-law to authorize the execution of agreements with Namgood Construction (Niagara) Limited and DeLeuw Cather,Canada,Ltd. respecting engineering services for a proposed subdivision. (Solar) 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 Aldernmn Christensen that the By-law be now given a second and third reading. Carried Unanimously No._d 74-61 - A By-law to authorize the acquisition of land at the corner of Bridge Street and Erie Avenue. ORDERED on the motion of Alderman Mann, seconded by Alderumn Hunt 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 Huut, seconded by Alderman Christensen that the By-law be now given s second and third reading. Carried Unanimously No. 74-62 - A By-law to authorize the execution of an agreement with Armstrong Communications Limited. ORDERED on the motion of Alderman Runt, seconded by Alderman Fers that Alderman Puttick be grsnted leave to introduce the By-law and the By-law be given a first reading. The motion Carried with Alderm~n Wallace voting contrary and all others in fayour. ' Carried - 11 - By-law No.74-62 (Cont'd) ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the By-law be now given a second and third reading. The motion Carried with Alderman Wallace voting contrary and all others in favour. Carried No. 74-63 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Aiderman 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 Smeaton that the By-law be now given a second and third reading. Carried Unanimously RESOLUTIONS No. 33 - MANN - HUNT - 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 a contract for, or authorized the commencement of all works or projects included in the schedule; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 34 - CHRISTENSEN - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of T.J.Hishon for Part Twp.Lot 7, Concession 2, situated on the north-east corner of Sodom and Shark Roads, conforms to Official Plan Amendment No. 29 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. 35 - MANN - HUNT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of J. Lupia for the rezoning of property known as Lot 1, R.P.N.S.18, conforms to Official Plan Amendment No.28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried UnanimouSly No. 36 - HUNT - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Bonato Bros.Company Ltd. for the rezoning of property located on the west side of Portage Road conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as ~mended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 37 - THOMSON - HUNT - RESOLVED that the unit prices in the total amount of $155,300.00 for surface treatment of roads with bituminous materials submitted by Eastland Brothers, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 38 - MANN - SCRISLER - RESOLVED that the tenders for the supply of various fasttrials required in the year 1974 be accepted as follows: 1. _TIRES, TUBES & TIRE REPAIRS - Whirely Tire Sales 2. (a) GASOLINE GRADE 2 - Gulf Oil Company (b) WHITE MARINE GASOLINE - Cull Oil Company (c) DIESEL FUEL - Gulf Oil Company (d) FURNACE FUEL - Gulf Oil Company (e) REROSE__.__NENE - Champion Oil Company - 12- Resolution No. 38 (Cont'd) 3. CEMENT, MASONS LIME & SEAL BOND - Weightman (Chippaws) Limited 4. READY MIX CONCRETE - Weightman (Chippaws) Limited 5. CRUSHED STONE OR GRAVEL FOR ROADS a) Schedule "A" (1) f.o.b. Job 1. 1/4" screened dry - Walker B others Quarried 2. 5/8" & 7/8" crusher run material - divided as equally as possible between Queenston Quarries and Walker Brothers Quarries 3. 2" crusher run - Walker Brothers Quarries 4. Pit run gravel - Class "BIt - St.Davids Sand & Gravel b) Schedule "A" (2) f.o.b. Job 1. 1/4" screened dry - Ridgemount Quarries 2. 5/8", 7/8" & 2" crusher run material - divided as equally as possible between Ridgemount Quarries and Campbell Quarries 3. Pit run gravel Class "B" - T.C.G.Materials Limited c) Schedule "B" f.o.b.Quarry 1. 1/4" screened dry - split between Ridgemount Quarries and Walker Bros. Quarries where economically feasible at time ~equired. 2. 5/8" & 7/8" crushed class '~" material - to be split between Ridgemount Quarries, T.C.G.)~terials, Queenston Quarries, Campbell Quarries and Walker Bros. where economically fees ible at time required. 3. 2" crusher runmaterial - to be split between Ridgemount Quarries, Campbell Quarries and Walker Brothers where economically feasible at time required. 4. Pit run gravel - St. Davids Sand & Gravel for area No. 1 and T.C.G.for area No. 2. 6. CRUSHED STONE FOR ROADS a) Schedule "A" for Area No. 1 f.o.b. job 1. 3",2" and 1" material - Queenston Quarries and Walker Brothers - to be split as equally as possible. 2. 1/2" material - Queenstun Quarries 3. 3/8" material and stone dust - Walker Brothers Quarries 4. Traffic Bound Material - to be split as equally~s possible between Walker Bros. Quarries and Queenston Quarries. b) Schedule "A" Area No. 2 f.o.b. job 1.3",2",1", 1/2" and 3/8" stone to be split as equally as possib)hetween Ridgemount Quarries and Campbell Quarries. 2. Stone dust material - to be split as equally as possible between R~ gemount Quarries and Walker Brothers Quarries. 3. Traffic bound material - to be split as equally as possible between Ridgemount Quarries and Campbell Quarries. c) Schedule "B" f.o.b.quarry 1.3",2" & l"material to be divided as equally as possible between Walker Brothers Quarries and Queenston Quarries for Area No. 1. 2.3",2" & l"material to be divided as equally as possible+between Ridgemount Quarries and Campbell Quarries for Area No. 2. 3.1/2"material to be divided as equally as possible between Ridgemount Quarries and Campbell Quarries for Area No. 2. 4. 1/2" material - Queenston Quarries for Area No. 1 5.3/8" material - to be divided as equally as possible between Ridgemount Quarries and Campbell Quarries for Area No. 2. 6, 3/8" material - Walker Brothers Quarries for Area No. 1 7. Stone dust material to be supplied by Walker Brothers inArea No. I and by RidSamount Quarries in Area No. 2. - 13 - Resolution No. 38 (cont'd) c) Schedule "B" f.o.b.querry 8. Traffic Bound material to be divided as equally as possible between Ridgemount Quarries and Campbell Quarries for Area No. 2; and to be divided as equally as possible between Walker Brothers and Queenston Quarries in Area No. 1. 7. SAND a) Schedule "A" for Area No. 1 f,o.b. Job 1. Screened pit sand - St.Davids Sand & Gravel 2. Screened manufactured sand - Walker Brothers Quarries 3. Screened washed pit sand - T.C.G.Materials Limited 4. Lake Fine Sand - St.Davids Sand & Gravel 5. Selected backfill - St.Davids Sand & Gravel 6. Unscreened fine pit sand - St. Davids Sand & Gravel b) Schddule "A" for Area No. 2 f.o.b. Job 1. Screened pit sand - St. Davids Sand & Gravel 2. Screened manufactured sand - Walker Brothers Quarries 3. Screened washed pit sand - T.C.G.Materials Limited 4. Lake Fine Sand - St. Davids Sand & Gravel 5. Selected backfill - St.Davids Sand & Gravel 6. Unscreened fine pit sand - St.Davids Sand & Gravel c) Schedule "B" f.o.b. Pit 1. Screened pit sand - St. Davids Sand & Gravel 2. Screened manufactured sand - W~lker Brothers Quarries 3. Screened washed pit sand - St. Davids Sand & Gravel and T.C.G. Materials when economically feasible at the time required 4. Lake Sand Fine - St.Davids Sand & Gravel 5. Selected backfill - St.Davids Sand & Gravel and ToC.G.Materials where economically feasible at the time required. 6. Unscreened fine pit sand - St.Davids Sand & Gravel HOT MIX ASPHALT & ASPHALTIC COLD PATCH - Warren Bitulithic Paving, Firm Price, Hard Rock Paving - subject to change, increased expected after March 31,1974. Queenston Quarries - subject to change without notice. Recommendation - that Warren Bitulithic be awarded the tender based on a firm quotation from April 1,1974 toM arch 31,1974. 9. OXYGEN AND ACETYLENE - Niagara Welders Supply 10. SUPPLY & APPLICATION OF TRAFFIC LINE STRIPING - Modern White Lines 11. 1. HYDRANTS - Emco Limited, Prices firm till September 3,1974 * 2. GATE VALVES - 4", 6", 8", 10" and 12" - Emco Limited, prices firm till September 3,1974 TAPPING VALVES & SLEEVES - 4 x 4, 4 x 8, 4 x 10, 4 x 12, 6 x 6, 6 x 8, 6 x 10, 6 x 12, 8 x 8, 8 x 10, 8 x 12, 10 x 10, 10 x 12, and 12 x lZ - Mueller Limited, prices firm till May 31,1974. VALVE B~ES - 4", 6", 8", 10" & 12" - J. R.Ferguson Ltd. Prices may be adjusted after 2 - 3 months. AND the Seal of the Corporation be hereto affixed. Carried Unanimously Resolution No. 39 - CHRISTENSEN - SCHISLER - RESOLVED that the tender for the installation of a short section of sanitary sewer main and watermains on Oakes Drive southerly from Dunn St., be awarded to the low bidder,Vincent Kerrio- Germano at the quoted price of $13,032.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously - 14 - Resolutions (Cont'd) No. 40 - KEIGHAN - HUNT - RESOLVED that the attached schedules of tenders received for rental of general purpose equipment in 1974 be used, starting with the economically lowest rate for equipment available and suitable when required for City operations; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 41 - CHRISTENSEN - HUNT - RESOLVED that WHEREAS municipalities in the Province of Ontario are faced with the necessity of imposing alarming tax increases on real property because of the rapid rate of inflation and an ever increasing demand to provide municipal services; AND WHEREAS, property tax, which is the principal source of municipal revenue, is most inflexible during inflationary perie] s when compared to the ability-to- pay sources of revenue available to the federal government; AND WHEREAS, it has been estimated that the gross general federal revenue will likely increase by about nineteen percent in 1974-75 with revenue from personal income taxes increasing approximately twenty-five percent, while at the same time total revenue growth for all provinces will likely average ten percent; AND WHEREAS, the Honourable John White,Treasurer of Ontario, speaking st a Tri-Level Conference in Edmonton provided the following revenue-sharing con~ait- ment to municipalities: A guarantee that Ontario's financial transfers to local govern- ment will increase at the same rate as its own revenue. A strengthening of municipal borrowing capacity. A pledge to pass through to local governments every dollar of increased federal tax sharing; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls endorse the policy statement of The Honourable John White, Treasurer of Ontario, as presented to the meeting of the Ministers of Finance held in Ottawa, 3anuary 24th and 25th,1974, and request the federal government to increase financial transfers to the province at least at the same rate as its own revenues increas; AND BE IT FURTHER RESOLVED that copies of this resolution be circulated to all Cities in the Province of Ontario, the Association of Municipalities of Ontario; the Canadian Federation of Mayors and Municipalities for endorsation and support; AND the Seal of the Corporation be hereto affixed. Carried, Alderman Puttick contrary No. 42 - THOMSON - CMRISTENSEN - RESOLVED that WHEREAS municipalities in the Province of Ontario are experiencing an unprecedented and unexpected increase in the cost of providing municipal services and in order to meet these costs, will be required to impose substantial tax increases on owners of real property; AND WHEREAS, the spiralling rate of inflation has reduced, if not eliminated, and beneficial affect of provincial programs designed to provide relief from property taxation; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls .quest the Province of Ontario to revise existing programs designed to provide relief to Ontario municipalities to reflect the present rate of inflation; ANDBE IT FURTHER RESOLVED that copies of this resolution be forwarded to all Cities in Ontarlo and to the Association of Ontario Municipalities for endorsa- tion and support; AND the Seal of the Corporation be hereto affixed. Carried, Aldernmn PuttiCk voting contrary No. 43 - MANN - THOMSON - RESOLVED that a message of sympathy be forwarded to the family of the late Mrs. Peter Bukator, sister-in-law of His Worship Mayor George Bukator and respected resident of the Town of Fort Erie; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS 1. FERN AVE 2, HOUCK DRIVE Complaints about the road elevation on Fern Ave. followin installation of sewers and excessive water and broken curbs on Nouck Drive will ~e investigated by the City Engineer. ~he items were reported by Alderman Christensen. - 15 - DECIARATIONS OF INTEREST In reply to questions by Alderman Puttick, Alderman Keighan confirmed that his real estate firm had acted on behalf of the property owners in the sale of land located south of s proposed plan of subdivision on Montrose Road, as well as for owners of property on Kalar Road between Lundy's Lane and McLend Road. Aldermen Puttick expressed the opinion that Alderman Keighan should have declared his interest when a report regarding the subdivision was considered by City Council. Alderman Keighan said there was no reason for such a declaration as he had acted on behalf of the property owners and when the deal was closed and his con~nission paid, the transaction was completed as far as he was concerned. He asked if Alderman Puttick was implying any wrongdoing on his part and suggested if the Alderman had facts to support his allegations, he should bring the matter to the attention of proper authorities for an investigation through the proper channels. He suggested that City staff, under the direction of the City Solicitor, initiate an investigation of the entire matter. Aldermen Puttick said he had made no suggestion of wrongdoing and he, as a member of Council,had the right to ask questions of the Chairmsn of the Planning and Development Committee. He also mentioned that a member of the Committee, Louis Grigoroff, was an employee of Paramount Properties, purchasers of the land in question, but it was his understanding that a declaration had been made when the matter was considered by the Con~nittee. Alderman Walker said that he did not believe that either City Council or City Staff have the authority, right or power to make any investigation or report whatsoever. Alderman Wallace agreed there was no foundation for an investigation or report. ADJOURNMENT The meeting adjourned at 12:45 a.m. on the motion of Alderman Hunt, seconded by Alderman Fera. READ AND ADOPTED, ark Acting Mayor TWELFTH MEETING COMMITTEE OF THE WHOLE Committee Room 1 ' April 8th, 1974. 7:15 P.M. Harrigan. Council met in Conunittee of the Whole on Monday, April 8, 1974 at All Members of Council were present with the exception of Alderman His Worship Mayor George Bukator presided as Chairman. Following consideration of the item presented, it was moved by Alderman Thomson, seconded by Alderman Puttick that the Committee of the Whole adjourn to a meeting of the Council Committee without reporting. READ AND ADOPTED, Mayor SPECIAL MEETING Committee Rooms 2 & 3 April 8th, 1974. Following adjournment of a Council Committee meeting held Monday, April 8th, 1974, Council reconvened in formal session on the motion of Alderman Schisler, seconded by Alderman Mann. All Members of Council were present with the exception of Alderman Harrigan. His Worship Mayor George Bukator presided as Chairman. BY - LAW No. 74-64 - A By-law to amend By-law No. 6661, 1964 with respect to signs in the City of Niagara Falls. 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 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 ADJOURNMENT The meeting adjourned at 12:15 a.m. on the motion of Aideman Christensen, seconded by Alderman Walker. READ AND ADOPTED, Mayor THIRTEENTH MEETING Committee Room #1, April 16, 1974. COMMITTEE OF THE WHOLE 7:15 p.m. Harrigan. Council met in Cor~nittee of the Whole on Tuesday, April 16th, 1974 at All Members of Council were present with the exception of Alderman Alderman Schisler presided as Chairman. Following consideration of the items presented, it was moved by Alderman Thomson, seconded by Alderman Hunt that the Committee of the Whole arise without reporting. READ AND ADOPTED, Clerk Mayor REGULAR MEETING Council Chambers, April 16, 1974. Council met on Tuesday, April 16th,1974 at 7:40 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Harrigan. His Worship Mayor George Bukator presided as Chairman. Alderman Mann offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the minutes of meetings held April 1st and April 8th, 1974, be adopted as printed with a correction on Page 15, Line 7 to indicate that the subdivision referred to was "Bambi Estates" and that Alderman Keighan had confirmed that he had acted on behalf of the former"owner"of property to the south rather than "owners". The motion Carried unanimously. UNFINISHED BUSINESS REZONING APPLICATION - T.MERSICH It was moved by Alderman Puttick, seconded by Alderman Walker that a previous motion of Council to refer the report of the Planning and Development Committee to a meeting when all members of Council were present, be rescinded and the report be brought forward for consideration at this time. The motion was DEFEATED with the following vote: AYE: Aldermen Fera, Keighan, Puttick, 8meaton, Walker. NAYE:Aldermen Christensen, Hunt, Mann, Schisler, Thomson and Wallace. Later in the meeting Mr. D. MarineIll, solicitor for Mr. Mersich, was granted permission to address Council on the motion of Alderman Fera, seconded by Alderman Puttick. The motion Carried with the following vote: AYE: Christensen, Fers, Keighan, Smeaton, Puttick, Schiller, Thomson, Walker. NAYE:Aldermen Hunt, Mann and Wallace. Mr. MarineIll expressed the opinion that the motion of Council to table the application of T. Mersich for a full meeting of Council was not fair to his client inasmuch as there was no indication how long it would be before such a meeting occurred and a decision on the matter could be delayed indefinitely. - 2- DEPUTATION Mr. R. Meuser was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Mann. The motion CARRIED with Alderman Walker voting contrary and all others in favour. The subject of Mr. Meuser's presentation was "Recommendations Leading to Fair Water Rates". He questioned if the flat rate method for single family residences was fair and commented on the number of connnents expressed by local residents who do not agree with the continued use of the flat rate policy. He suggested that metering of all consumed water would enable the City to determine present and future underground water losses, aid in reducing or eliminating such losses and encourage conservation of water. He reconmended that Council seriously consider the deletion of budget items of lesser importance in order to provide the necessary meter funds and to make every effort to obtain financial assistance from the Regional, Provincial and Federal governments. He also commented on the effect of the increased rates on pensioners, disabled persons, etc. and suggested anl, amendment to the water rate by-law to enable financially poor persons to request the installation of meters. Mr. Meuser also advocated that universal metering of water be the subject of referendumat the next municipal election. Mr. Menset was thanked by His Worship Mayor George Bukator. UNFINISHED BUSINESS (Cent'd) REZONING APPLICATION - M. & V. AIELLO Report #94 - Planning Administrator - Re: Rezoning application, AM-4/74, M. & V. Aiello, Lots 14 and 15, Plan 62, gentrose Road and Mulhern St., to permit the development of five residential dwelling units and a store. Comm. #23 - Ungaro & Nicoletti - Submitting a new site plan; requesting approval of the application. Report # 180 - Planning and Development Committee - Submitting a history of the application; noting that the latest proposal contains four dwelling units and s store; advising that Planning Staff would not reconmend additional commercial uses in this area; recommending that the application be denied. Mr. F. Nasello of the firm of Ungaro & Nicoletti, was granted permission to address Council on the motion of Alderman Fera, seconded by Alderman Christensen. Mr. Nasello recapped background material and his previous remarks in support of the application. He noted that the Planning Department does not object to the multi-family aspects of the proposal; the number of dwelling units has been reduced to four and density and parking requirements have been met. Mr. Nasello predicted that Moatrose Road would develop as a main artery in the same manner as Dorchester Road and the proposed neighbourhood store would not derogate from future development of the Moatrose Road-Mulhern St. area. ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that the report of the Planning and Development Committee be received and filed and the application of M. & V.Aiello for the rezoning of Lots 14 & 15, R.P.62, located at the south-west corner of Moatrose Road and Mulhern Street be approved. Subject to a,site plan and sitedplan agreement. The motion Carried. AYE: Aldermen Christensen,Fera,Puttick,Smeaton,Schisler,Walker,Thomson,Wallace ~AYE:Aldermen Hunt, Mann and Keighan. REZONING APPLICATION - MRS. W. SLACK, LUNDY'S LANE Report #114 - Planning Administrator - Re: Rezoning application, AM-5/74,Mrs.W. Sleek, 6986 Lundy's Lane, east of Brookfield Ave. to permit the uae of an existing apartment for rental to tourists; recommending denial of the application. Report ~131 - Planning and Development Committee - At the Council meeting held March 4,1974, Council directed that the by-law for property at 6986 Lundy's Lane be razened to include the use of one apartment for a tourist co~erctal purpose. The report recommends that Councll certify by resolution that they by-law modi- fying the zoning of the property conforms to Official Plan Amendment No. 28. The report was adopted. 3 Slack Application (Cent'd) Report #181 - City Manager - Noting that Council requested an investigation and report regarding the operation of a plumbing business from the Slack residence; advising that Mr.Slack is part owner of a plumbing firm which conducts business almost entirely with one local home builder; advising that no trucks are parking on the Lundy's Lane property nor is there any visual evidence of a plumbing business being carried on. Suggesting that no action is necessary. ORDERED on the motion of Alderman Hunt, seconded by Alderman Puttick that the report be received, no further action be taken and the by-law permitting the use of one apartment to provide sleeping accommodation for the travelling public be approved. By-law No. 74-50 - 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. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that AldermaR Wallace be gr~nted~leave to introduce.the By-law and the By-law be given'a first reading. Carried Unanimously Mr. E. Scherar was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Hunt. In reply to a question by Mr. Scherar, the City Clerk confirmed that By-law No. 74-50 applies only to the Slack property. Mr. Scherar raised the possibility of similar applica- tions for rezoning in the area and Mayor Bukator indicated each application would be considered on its merit. ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that t~eBy-law be now given a second and third reading. Carried Unanimously DRUMMOND-PORTAGE-MORRISON PROPOSAL Report #182 - City Clerk - Advising that the meeting at which Proctor & Redfern will make a presentation will be held April 18th at 11:00 a.m. rather than 3 p.m. as previously indicated. Comm. #43 - Regional Municipality of Niagara - Re: Drummond-Portage-Morrison Proposal. Confirming that the Public Hearing will be held on April 23,1974, 7:30 p.m. at Stamford Collegiate Vocational Institute. ORDERED on the motion of Alderman Mann, secondedby Alderman Hunt that the report and the coImnuntcation be received and filed and as many members of Council as possible attend the proposed meetings. The motion Carried with the.following vote: AYE: Alderrash Christensen, Hunt,Fera,Keighan,Puttick,Smeaton,Schisler,Wallace. NAYE:Aldermen Walker and Thomson. COMMUNICATIONS No. 44 - Market Gardeners & Fruit Growers Association -Re: 1974 Peach Festival, LAugust 9th to 24th,1974. Requesting a grant of $1,200. ORDERED on the motion of Alderman Chr istensen, seconded by Alderman Fera ~hat the communication be received and referred to the 1974 Budget discussions. No. 45 - Main & Ferry Business Improvement Area Board of Management - Submitting a proposed budget in the amount of $5,000.; requesting approval of the budget and that Council levy the taxes on the Business Improveme.t Area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the cow~nunication be received, the budget approved and an appropriate levy be made in the current year. No. 46 - Niagara Falls Jaycees - Requesting permission ~o operate a beer tent in conjunction with the Blossom Festival Horse Show. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the cunnn~nication be received and the beer tent be approved providing the organization meets all the requirements of the police, health and fire departments as well as the L.C.B.O. -4- REPORTS No. 183 - City Clerk - Report of the Council Committee. Recommending ratifica- tion of the decisions of the Council Committee. 1.Processing of applications received by the Land Division Committee regarding requested severances in the City of Niagara Falls. Recommendation: That the Council of the City of Niagara Fails authorize municipal staff to submit comments to the Land Division Committee on Council's behalf, and further that all applications with extenuating or unusual circumstances be brought to the attention of the City Council. 2.Ministry of the Environment - A verbal report was presented by the City Clerk regarding the complaints with respect to noise emanating from the Kimberly- Clark plant on Victoria Avenue and Gerber Products of Canada, Stanley Avenue. Recommendation: That the progress report be received and both plants con- cerned be asked to keep the City Council aware of any remedial works under- taken to alleviate the noise. 3.Official Plan Amendment - Giura Brothers - An application to rezone lands on the east side of Dorchester Road to permit the erection of four semi-detached dwelling units. The Planning and Development Committee recommended denial. Recommendation: That the application be approved subject to the applicant entering into a site plan and site plan agreement acceptable to the Planning Administrator, with particular reference to permitting a maximum number of two driveway outlets on Dorchester Road. 4.Request to Call Tenders - A report of the City )~nager requested approval of the calling of tenders for sidewalk repairs, asphalt overlay, base roads in the Industrial Park; Magdalen St. watermain and concrete curb and gutters, sidewalks, top course asphalt in the Dalcin and Leawood Subdivisions and on Rapelie Street. Reconnendation: That the City Manager be authorized to proceed with the calling of tenders for those works enumerated in the report. .Sale of Lots 12 & 41 - Falls Industrial Park Recommendation: That lots 12 and 41 be sold to Mr,D.Susin, Alder Equipment Ltd. at a total price of $27,370. 6.Sale of Lots 19 & 20 - Falls Industrial Park Recommendation: That Council authorize the sale of Lots 19 and 20 to Antici Construction Ltd. for a total cost of $38,780, 7,Allanthus Avenue Park - A communication was received from the Regional Municipality of Niagara regarding the preparation of an agreement to permit the City the temporary use of Niagara Freeway lands for park purposes. Recommendation: The City Engineer be authorized to continue negotiations with the Region regarding the use by the City of Niagara Freeway lands. 8.Spring Rubbish Collection Recommendation: Council approve a Spring rubbish collection op April 22,1974. 9.Declaration of Policy for Development of Subdivision8 Reconmendation: That Council endorse in principle the proposed declaration of policy as presented and staff be authorized to provide copies for all major developers and other interested parties with a request for written submissions to be received prior to May 31st for consolidation in a subsequent report to Council and, further, that the material submitted to interested parties include the revisions suggested by members of Council. lO.Regional Municipality of Niagara - Impost Fees as a Contribution Toward Regions1 WAter and Sewage Facilities. Recc~}uendstion: Council request the City Engineer to prepare a written report on this matter as soon as possible, the Region be advised that a report is in the process of preparation and, following its presentation, a meeting with Regional authorities will be requested. · ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the 'report of the City Clerk be received and adopted and ratification of the decisions of the Council Conxnittee be approved. - 5 - Report of the Council Committee (Coni'd) ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that Council ratify the decision of the Council Committee to receive and adopt a report of the City Manager regarding the 1974 Water Supply System and Parking Fund Operating Budgets and the budget estimated contained in the report be approved. Report ~184 - City Manager - Re: Sale of Lot 31 - Falls Industrial Park. Recommending approval of the sale of Lot 31 to Paul O'Brien Electric Limited at a price of $7,000; recommending further that the City Solicitor be authorized to prepare the necessary documents for the sale. ORDERED on the motion of Alderman Fera, seconded by Alderman Christensen that the report be received and adopted. No. 185 - City Manager - Re: ~f-6/74, Cornwill Investments Ltd., west side Kalar Road, Pt.Twp.Lots 86,99 and 104. Proposed plan of subdivision - "Morrison Park". Advising that the Planning and Development Committee has recommended denial of the application since it is considered premature until such time as the area between Kalar Road and Montrose Road is serviced. The report recommends that the application be denied, the subdivision file be closed at this time and the applicants be notified accordingly. The City Clerk advised that the solicitors for the applicant had requested that the matter be tabled for one month. ~ ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler that the report of the City Manager be received and tabled for one month. No. 186 - City Manager - Re: Prince Charles Park Swimming Pool and Change House. Recommending acceptance of the tender submitted by Quintet Limited in the amount of $109,700.00. The report notes that the cost was previously estimated to be $100,000.00 and that the Niagara Falls and District Labour Council in conjunction with the Prince Charles Neighbourhood Committee has designated the sum of $25,000. in monies and/or labour and materials. In addition, it was reported that a grant of $15,000. could be available under the Community Centres Act and as a result it was reconmaended that $60,000. be provided in the 1974 Operating Budget. The report advises that, as s result of the tender price, the sum of $69,700. will have to be provided in order to proceed immediately with the work; a reserve fund of $30,000. was provided in the 1973 budget. Recommending that Council provide $39,700. in the 1974 Operating Budget. ORDERED on the motion of Alderman Keighan, seconded by Alderman Ferz that the report be received and adopted, the low tender submitted by Quintec Limited be accepted and the required additional amount of $39,700. be provided in the 1974 Operating Budget. See Resolution No. 44 No. 187 - City Clerk - Re: By-law No.73-197 (Serugs) to amend zoning by-law No. 5335,1955 for property located on the east side of Valley Way north of Willmort St. Approval of the by-law will permit part of an existing residence to be used as an art gallery for thedisplay and sale of paints and other art works. The report advises that as a result of the normal notification procedure, one letter of objection was received and forwarded to the Ontario Municipal Board; advising that the Board has appointed Tuesday, May 28,1974 at 11:00 a.m. to hear all :parties interested in supporting or opposing the application. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that .the report be received and filed. No. 188 - City Clerk - Re: By-law No.73-220 (Taro Properties-O.H,C.) to amend zoning by-law No.2530,1960, for property on the north side of McLeod Road east of Drummond Road to permit the erection of five multiple-family dwellings containing not more than a total of 27 dwelling units. Four letters of objection were received and forwarded to the Ontario Municipal Board; advising that the Board has now appointed Wednesday, May 29th at 10:00 a.m, for the hearing of all interested parties. ORDERED on the motion of Alderman Puttick,.seconded by Alderman Hunt that the report be received and filed. ~pte: Aldermen Keighan, Walker and Wallace were not. in the Council Chambers when reports No. 187 and 188 were considered. No. 189 - City Mauager- Re: Proposed Plan of Subdivision, Fennell Developments Ltd., "Portage Creene (revised). Recommending preliminary approval of the proposed plan subject to ten conditions enumerated in the report; recommending further that Council, by resolution, certify that the application conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Ares. - 6- Report #189 <Cont'd) ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. The motion Carried with Alderman Hunt voting contrary and all others in favour. See Resolution No.45 No. 190 - City M~nsger - Re: Regional Land Division Connittee - Policy for procedure. Reconunending that the proposed policy be adopted and used in formulating the comments to be submitted relating to proposed land severances in the City of Niagara Falls. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted and, further, that members of Council be provided with notices regarding 1Wnd severances within the City as well as the decisions of the Land Division Committee. The motion Carried with Alderman Schisler voting contrary and all others in favour. No. 191 - Planning Administrstor - Re: Dunn Street Extension, westerly from Dorchester Road to connect with Kalar Road. Suggesting that although the extension mostlikely will not take place for some years, it is important to establish the most desirable location in view of development of areas west of the Q.E.W.. Advising that a concept plan will be presented at a public meeting scheduled for April 24th at City Hall from 7:30 p.m. to 9:30 p.m. ORDERED on the motion of Alderman Hunt, seconded by Aldernmn Puttick that the report be received and filed. No. 192 - City Manager - Advising that the Niagsra Falls Housing Authority has indicated that the formation of an area housing authority encompassing Niagara Falls, Welland, Port Colborne and Fort Erie would be advantageous to the Ontario Housing management in the four municipslities; recon~nending that the Jurisdiction of the Niagara Falls Housing Authority be enlarged to include Port Colborne,Welland and Fort Erie areas. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the report be received and adopted. The motion Carried with Alderman Wallace voting contrary snd all others in favour. No. 193 - Recreation Commission - Re: 1974 Park Reservations. Recommending that reservations for City parks be assigned ss suggested in a schedule submitted with the report and that the City enter into an agreement with the Welland County Separate School Board and the Niagara South Board of Education for the use of school grounds listed on a schedule attached to the report, for league play under a City maintenance program. ORDERED on the motion of Alderman Walker, seconded by Alderman Fera that the report be received and adopted· No. 194 - City Manager - Re: Capital Budget Storm and Sanitary Sewermain Dorchester Road. Advising that the 1974 Capital Budget provides monies for a storm sewer on Dorchester Road from the Glengowan Subdivision to Riall Street end a sanitary sewermain on Dorchester Road from Riall St. to Branchard Road; requesting Council's approval to prepare the required by-law to authorize s total expenditure of $90,000. and that application be made to the Ontario Hunicipal Board. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the report be received and adopted. No. 195 - City Manager - Re: Wiltshire Boulevard Sewer Repairs. Suggesting that, prior to calling tenders for the work, a. final inspection be made of the sewer by means of a T.V. camera; requesting authority for the firm of Cliffside Pipelayers Ltd. to carry out the required inspection at a quoted cost of $2,400. requesting authority to call tenders for the relining of the sewer once the result of the inspection is obtained. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted· No. 196 - City Mangger - Re: Contract for Municipal Services in Clengowan Subdivision, G.C.4-74. Recommending that the unit prices tendered by Dgmore Bros.Ltd. for the in8t811ation of. underground services and base roads for the -Clengowan Subdivision, be accepted. ORI)ERED on the motinn of Alderman Thomson, seconded b~ A~derman Hunt thgt the report be received and adopted. See Resolution No. 46 - 7- Reports (Cont'd) No. 197 - City Manager - Re: Ontario Association of Fire Chiefs. Recommending that Fire Chief S.C.Thomson, Area Chief Gene Somerville and Area Chief Tom Smith be authorized to attend the annual conference to be held in Sarnia, May 5th to 8th. The City Manager requested that Area Chief Don Stickel also be authorized to attend. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted and Fire Chief Thomson and the three Area Chiefs be permitted to attend the Conference. Note: Alderman Thomson declared his interest and abstained from voting. No. 198 - City Manager - Re: Ontario Conference, Ontario Municipal Fire Prevention Officers, Ottawa, April 17th to 19th; recommending that John Simon, Sr.Fire Prevention Officer be authorized to attend. ORDERED on the motion of Alderman Hunt, seconded by Alderman b~nn that the report be received end adopted. No. 199 - City Manager - Re: Ontario Traffic Conference Annual Convention, Mississsuga, May 12th to 15th,1974. Recommending that two members of the Engineering Department and two members of Council be authorized to attend. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the report be received and adopted and Alderman Hunt and Alderman Thomson be authorized to a attend the Conference as Council's representative. No. 200 - City Manager - Building Permits issued for the month of March 1974. ORDERED on the motion of Alderman Walker, seconded by Alderman Hunt that the report be received and filed. No. 201 - City Clerk - Resolutions from Ontario municipalities. City of Peterborough - Requesting the Province to introduce legislation to limit the use of landfill methods of solid waste disposal to municipalities of not more than approximately 100,000 population. The report suggests that acceptable disposal of waste is not necessarily related to population and recommending the resolution be received and filed. 2. Windsor Utilities Commission - Requesting the removal of the Federal Sales Tax on watermain materials. Recommending endorserich of the resolution., City of London - Petitioning the Province to enact an amendment to The Municipal Act to pass by-laws imposing fines for the contravention of municipal by-laws for any amount more than $1,000 and any less amount to be determined by the legislature. Recommending endorsErion of the resolution. City of Cambridge - Requesting the re-organization of the composition of Police Commissions to provide that elected representatives form the majority of the membership of such Commissions. Recommending that the resolution be endorsed. .5. City of Brantford - Requesting an amendment to The Municipal Act to authorize the passing of a by-law to provide that one-half of the remuneration paid to an elected member of a council be deemed to be for expenses. Recommending that the resolution be received and filed. City of London - Requesting the Province to remove the freeze on property assessment having a market value of $2,500.- or less. Recommending approval of the resolution. Town of Oakvilla - Requesting an amendment to The Elections Act to permit the issue of voting proxy be to and including the day of election. Recommending endorserion of the resolution. City of Hamilton - Requesting support of a resolution endorsing s policy of requiring automatic sprinkler systems in all high rise buildings. The report notes that the City of Niagara Falls has included the requirement in the recently passed building by-law. Recommending endorserich of the resolution. City of Brampton - Requesting the Province to increase the amount of assistance available under The Municipal and School Tax Credit Assistance Act to the lesser of $300 or 50% of the assessed tax. Recommending that the resolution be received and-filed, -8- Report #201 (Cent'd) 10.City of Welland - Requesting the Province to provide a uniform grant to all municipal taxpayers who have attained the age of 65 years snd sre receiving the monthly guaranteed income supplement. Recon~nending approval of the resolution. ORDERED on the motion of Alderman Thenmen, seconded by Alderman Smeaton that the report of the City Clerk be received and adopted. The motion Carried with Alderman Wallace voting contrary and all others in favour. No. 202 - City Clerk - Advisory Report. The report reconunends approval of Tag Days for the Niagara FallsMinor Girls Soccer League and the Niagara Falls Br~nch, Navy League of Canada; it recommends that the Royal Canadian Legion, Branch 51, be permitted to use City streets for the purposes of s motorcede in conjunction with the 37th Annual Pilgrimage and the Region be asked to grant similar approval. The report slso reconunends approval of a $25.00 ad in the bulletin of the Niagara Peninsula PenF Raceway Asset. Communications from the Ministry of Environment regarding municipal data and s sample of a cover- ing letter being distributed with the Declarstion of Policy for Subdivision Development are also provided for the information of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 203 - City Clerk - Re: Applications for Photographer Licences. Submitting details of the applications received from Mr. Don Graham, Grimsby and Mr. Marie Cardinal, Niagara Falls as well as an application from Mr.Dimitar Lazov. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received and filed and both applications be approved subject to the operation at the Oneida Tower being confined to private property and on condition it does not deter from the amount of parking for existing businesses. The motion Carried with the following vote: AYE: Aldermen Fete, Msnn,Smeaton, Puttick, Schisler, Thomson. NA"~E:Aldermen Christensen, Hunt, Keighan, Wallace and Walker. No. 204 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Keighan, seconded by Alderman Fera that the report be received and adopted and litantes granted. No. 205 - City Manager - Recommending payment of Municipal Accounts. Members of Council raised questions about various accounts and additional details and clarification was provided by the CityManager. During the discussion Alderman Puttick made reference to Cheque 416715 being an amount of $16,473.25 payable to Ontario Housing and representing the municipalitity's share of the deficit. Aldermen Keighan agreed with Aldernmn Puttick's remarks regarding the substantial loss in operating and maintaining public housing. ORDERED on the motion of Alderman Keighan, seconded by Alderman Walker .that a full report be prepared for Council. The motion Carried unanimously. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report of the City Manager be received and adopted. BY-lAWS No.74-50 - 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. (Mrs.W.glack, Lundy's Lane). See Page 3,Page 11. No.74-65 - 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.(Paramount) 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 Puttick that the By-law be now given a second and third reading. Carried Unanimously. - 9 - By-laws (Cent'd) No.74-66 - A By-law to authorize the execution of an agreement with Quintet Limited for the construction of a swimming pool and change house. (Prince Charles Park) 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 a first reading. Carried Unanim0us.17 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.74-67 - A By-law to authorize the execution of an agreement with Damore Bros. Limited for the construction of sewermains and watermains and base roads. (Glengowan Subdivision) ORDERED on the motion of Alderman Keighan, 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 a second and third reading. Carried Unanimously No.74-68 - A By-law to amend By-law No.3790, being a by-law for the regulation of traffic. (Prince Edward Avenue) 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.74-69 - A By-law to provide monies for general purposes. 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 a first reading. Carried Unsnimously 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 RESOLUTIONS No. 44 - KEIGHAN - FERA - RESOLVED that the tender submitted by Quintet Limited for the construction of the Prince Charles Park Swimming Pool and Change House in the amount of $109,700.00 be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 45 - MANN - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Fennel1 Developments Ltd. for the rezoning of property located to the north of Thorold Stone Road and lying between Portage Road and Sinnicks Avenue, conforms to Official Plan Amendment No.28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the'Seal of the Corporation be hereto affixed. Carrie__d - 10 - Resolutions (Cont'd) No. 46 - THOMSON - HUNT - BESOLVED that the contract for Municipal Services in Glengowan Subdivision, G.C.4-74 be awarded to Damore Bros. Ltd. at the unit prices tendered; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 47 - SMEATON - THOMSON - RESOLVED that WHEREAS the present design standard used by the Ministry of Transportatioh and Communications for bridge railings incorporates a two-foot high concrete wall with horizontal steel rails one foot six inches in height; AND WHEREAS, particularly in urban areas, the need to provide adequate accommoda- tion for pedestrians and cyclists is often recognized by the provision of sidewalks along one or both sides of bridges; AND WHEREAS, the concrete wall is easily mounted by small children, leaving little protection remaining between a child and swiftly moving traffic~ rivers or canals below; AND WHEREAS, this Council has assumed responsibility, at municipal expense, to have this type of problem rectified on a bridge recently constructed by the Ministry over the Ontario Hydro Power Canal in the City of Niagara Falls; N~l~ THEHEFOHE BE IT RESOLVED that the Council of the City of Niagara Falls request the Province of Ontario to change their present bridge rail design with a view to providing a design that will he safe for pedestrians and cyclists as well as providing protection for the automobile; AND BE IT FURTHER RESOLVED that copies of this resolution be circulated to all Cities in the Province of Ontario and the Association of Ontario Municipalities for endoraation and support; AND the Seal of the Corporation be hereto affixed. Carried' Unanimously NEW BUSINESS ITEMS DISCUSSED UNDER "HEW BUSINESS" His Worship Mayor Bukator suggested that many of the items appearing under. the heading of New Business should be given directly to the department involved. Such a procedure, he said, would save considerable time at the Council meetings. Alderman Puttick reminded members~of Council that a resolu- tion had been passed several years ago suggesting that all enquiries be handled through the office of the City Manager. REQUEST FOR SIDEWALK - DORCHESTER ROAD Alde~nan Puttick stated that he had received an enquiry from a resident of property on the east side of Dorchester Road regarding the installa- tion of a sidewalk from Thorold Stone Road on the north to Pettit Ave. on the south. Reference was also ~mde to the acquisition, several years ago, by the municipality of property in order to permit the widening of Dorchester Road and the construction of aidewalka. A suggestion was nmde that the City had retained sufficient funds to provide for the sidewalk in front of the affected owner~s property. Alderman Puttick provided the City Manager with a letter containing background information. BUCKNER ROAD - COMPLAINTS OF LII'rER Alderman Puttick reported complaints regarding the littered condition of properties facing BuckneE Road, formerly McKenzie Place. It was suggested that staff initiate an effort to have the condition remedied. PORTAGE ROAD REPAIRS (OAKES DRIVE) Alderman Puttick questioned a statement attribVted to the City Engineer which appeared in a recent newspaper article regarding the coat of remedial repairs to Portage Road. A fiSure of $500,000 was used in the article. Alderman Puttick indicated that during initial discussions on the matter, a cost figure of $110,000 bad been quoted. Alderman Thomson pointed out that the $110,000 amount was for repairs to the roadway end that additional funds would be required if adequate storm dEafneSs were to be installed in con unction with the road repairs. His Worship Mayor Buketor reviewed negotiations {eld with th~L Niagara Parks Conxaission. - 11- New Business (Cont'd) C. N. R. STATION Alderman Walker asked if staff would contact representatives of the Canadian National Railway to enquire about the possibility of the Bridge Street depot being painted at the earliest opportunity. EXHAUST EMISSIONS - ICE CIZANING MACHINES Alderman Thomson expressed his concern about exhaust emissions from ice cleaning machines used in the City's arenas. The Alderman was particularly concerned inasmuch as the machines presently use gasoline and he questioned if the buildings had adequate ventilation to eliminate possible health hazards. The City Treasurer replied that the problem has been investigated in all three arenas and propane operated machines are recommended for the Niagara South arena. There appears to be no proble~ at the Memorial and Stamford Arenas but it may be necessary to have machines at the Jack Bell arena converted to propane fuel. PRIVATE BILL A discussion was held regarding the City's application for a Private Bill to be considered on April 16th by the Private Bills Committee. The discussion centred on that portion of the Act which provides permissive authorit~ to establish a downtown mall. Alderman Wallace reminded Council that the-City had officially made application for permissive legislation bnt the final decision to establish a mall will rest with the municipal Council. Mr. E.Nickol, Proprietor of the Mayflower Restaurant, commented on the opposition raised by merchants at the west end of Queen St. Mr. John Graaskamp said the west end merchants are concerned about traffic that will by-pass their places of business and continue on Park St. toward Victoria Ave. He suggested the problem could be solved by means of a "Detroit Corner" whereby traffic would be compelled to go towards Queen St. via Crysler Avenue. Mr. Nichol indicated he could not withdraw the objections submitted by the Queen St. merchants without their approval. FINANCIAL POSITION OF THE CITY Alderman Wallace referred to a recent news article which indicated the City had a very high per capita debt. He requested a report from staff as to what the borrowing position of the City is; whether the City is near the suggested limit set by the Ontario Government and what the City's debt position is as compared to other area municipalities within the Region. Alderman Wallace asked that the report be available for consideration during the 1974 budget discussions. ADJOURNMENT The meeting adjourned at 10:45 p.m. on the motion of Alderman Thomson, seconded by Alderman Walker, READ AND ADOPTED, Mayor FOURTEENTH MEETING Committee Rooms 2 & 3 April 22nd, 1974. Following adjournment of a Council Cormnittee meeting held Monday, April 22nd, 1974, Council reconvened in formal Council session on the motion of Alderman Thomson se- conded by Alderman Hunt. All members of Council were present with the exception of Alderman Walker. COI~MUNICATION No. 47 - 1974 BUDGET - BOARD OF MANAGEMENT, DOWNTOWN BUSINESS IMPROVEMENT AREA A request was received from the Board of Management of the Downtown Business Improvement Area that Council levy an amount of $27,000 against the Downtown Business Improvement Area as their 1974 Budget. ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson, that Council adopt the 1974 Budget of the Board of Management of the Downtown Business Improve- ment Area. The motion Carried unanimously. REPORTS No. 206 - City Manager - Re: Authorization of Mr. R. Hutchcon, Renewal Co-ordinator for the Municipality, to attend the Conference of the Canadian Association of ~ Housing and Renewal Officials, was considered. ORDERED on ~e motion of Alderman Thomson, seconded by Alderman Christensen that the recummendation of the City Manager be adopted. The motion Carried, with Alderman Puttick voting contrary and all others in favour. No. 207 - City Manager - Re: Revised proposed plan of subdivision - "Bambi Estates" - has now been received from the developer's surveyor, reflecting the changes suggested at the Council meeting of March 25, 1974. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen, that the report be adopted with respect to the changes made by Council in the Site Plan and subject to the conditions set out in the report, and preliminary approval be given to the proposal. The motion Carried with Alderman Keighan voting contrary and all others in favour. No. 208 - City MAnager - Re: Impost fees as a contribution toward Regional Water and Sewage Facilities. ORDERED on the motion of Alderman Hunt, seconded by Aldernmn Schisler, that Council approve the City Manngerms recommendations and forward a copy of the report to the Region. The motion Carried unanimously. N~ 209 - City Manager - Re: Reconmending that Council approve the calling of tenders for mowers and chemical week control, tenders to close May 7, 1974. ORDERED on the motion of Alderman Smeaton, Seconded by Alderman Christensen, that tenders for mo~ers and chemical weed control be advertised, the tenders to close May 7, 1974. The motion Carried unanimously. No. 210 - City Manager - Re: Proposed schedule for the entry of the City Float in certain parades during the current year. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the schedule for 1974 appearances of the City Float be approved. The motion Carried unanimously. No. 211 - City Manager - Re: Request for permission to be granted to the Canadian Niagara Power Company to rebuild an existing wood pole line on Willoughby Drive between Willick Road and Baker Road. ORDERED on the motion o£ Alderman Christensen, seconded by Alderman Mann, that the recv,,-,,~ndation of the City Manager be adopted. The motion Carried unanimously. No. 212 - City Manager - Re: Request for permission to engage the services of Wm. G. Overs as Architect for the proposed McLeod Road Fire Hall. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen, that the City Manegerms request be approved. The motion Carried unanimously. No. 213 - PlanninR Administrator - Re: Recommendation that the Counercial Policies of the Regional Municipality of Niagara be supported. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hunt, that the recom- mendation of the Planning Administrator be adopted. The motion Carried unanimously. No. 214 - TRAFFIC INTERCHANGE AT QUEEN ELIZABETH WAY AND McLEOD ROAD - a verbal presentation by the City Engineer explaininS the details of the proposed -2 - Report No. 214 - continued ..... traffic interchange at the intersection of the Q.E.Way and McLeod Read. The City Engineer referred to maps of the area and answered questions raised by members of Council. It was noted that the Regional Municipality of Niagara has adopted the proposal. The City Engineer indicated the major points to be considered by Council were as follows: (a) That this scheme be adopted by Council. (b) That this land would be deeded to the Ministry of Transportation & Co~nunications to accormnodate the pro- posed roadway construction. ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen, that the City Council approve the proposed roadway reconstruction scheme proposed for the Queen Elizabeth Way - McLeod Road interchange, as presented by the City Engineer, and that the lands owned by the City required on the north side of McLeod Road to acconnno- date the proposed roadway construction be deeded to the Ministry of Transportation & Comuntcations. The motion Carried with Aldermen Smeaton and Puttick voting contrary and all others in fayour. RESOLUTIONS No. 48 - KEIGHAN-CHRISTENSEN - RESOLVED that the City of Niagara Falls observe Daylight Saving Time from Sunday, April 28th, at 12:01 a.m. until 12:01 a.m. Sunday, 0ctober 27th, 1974; AND the Seal of the Corporation he hereto affixed. Carried Unanimousix No. 49 - WALLACE-CHRISTENSEN - RESOLVED that the City Council approve the proposed roadway reconstruction scheme proposed for the Queen Elizabeth Way - McLeod Road Interchange, as presented by the City Engineer, and that the lands owned by the City required on the north side of McLeod Road to accommodate the proposed construction be deeded to the Ministry of Transportation end Coummnications; AND the Seal of the Corporation be hereto affixed. AYE: Aldermen Hunt, Mann, HartlEan, Thomson, Wallace, Christensen, Fare, Ketghan, Schisler. NAYE: Aldermen Smeaton, Puttick. No. 50 - PUTTICK - SMEATON - RESOLVED that a message of congratulations be forwarded to Ex-Alderman McKinley on the occasion of his Fiftieth Wedding Anniversary; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslZ No. 51 - SMEATON- WALLACE - RESOLVED that a message of sympathy be forwarded to the family of the late Mrs. ShirleyMatthews; AND the seal of the Corporation be hereto affixed. The meeting adjourned to Comtttee of the Whole at 10:15 p.m. on the motion of Alderman Christensen, seconded by READ AND ADOPTED, COMMITTEE Mayor WHOLE. Cu~n~ittee Room #1 April 22, 1974. Council met in C~mmittee of the Whole on Monday, April 22, 1974, following s Council Committee Session. All members of Council were present with the exception of A Alderman George Walker. Hie Worship, Ms"a'a'~X~e Bukator acted as Chairman. Following consideration arose without reportin8. READ ~/~ND ADOPTED, '-ented, the Con~ittee of the Whole Nayor -3- COUNCIL MEETING Committee Rm. ~1 April 22, 1974. Council met in open session following a meeting of the Committee of the Whole on Monday, April 22, 1974. All members of Council were present with the exception of Alderman George Walker. His Worship Mayor George Bukator acted as Chairman. The meeting adjourned. READ AND ADOPTED, ~~. ~ Mayor FIFTEENTH ~ETING Council Chambers, April 28th, 1974. REGULAR MEETING Council met on Monday, April 28th, 1974, at 7:30 p.m. for the purpose of cons idering general business. All Members of Council were present with the exception of Alderman Hunt. Alderman Fera offered the Opening Prayer. RESOLUTION No. 52 - SCHISLER - SMEATON - RESOLVED that Alderman Keighan be appointed as Presiding Officer during the absence of His Worship Mayor George Bukator; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the minutes of meetings held April 16th and April 22nd, 1974, be adopted as printed. DEPUTATION Mr. Ray Wilson was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Christensen. Mr. Wilson expressed the concern of residents who must travel, live or work in the south-east sector of the Municipality in respect to traffic problems created by the obstruction of trains at the Penn Central Railway crossings on McLeod Road and Stanley Avenue. Re related one instance when the crossing gates were down for one hour and twenty minutes because of westward bound trains. His efforts to have charges laid for obstructing traffic were unsuccessful because it was necessary to provide engine and caboose numbers as well as the names of the operators. Mr. Wilson also noted that at the present time the only access to the Industrial Park from the core area is via Murray Hill and Queen Victoria Park and he commented on the time involved for ambulance, police and fire equipment. Mr. Wilson asked that Council take all the necessary steps to correct the problem. ORDERED on the motion of AIderman Thomson, seconded by Alderman Christensen that the information provided by Mr. Wilson be referred to staff for investigation and with power to act. NOTE: His Worship Mayor Bukator arrived at the meeting. UNFINISHED BUSINESS MERSICH REZONING ~Report No. 126 - Planning & Development Con~ittee - Re: AM-26/73, T.& T.Mersich, Pt.Rsnge 24, Plan 653 and Lots I & 2, Plan 10, east side of Stanley Ave. Approval of the application will permit the erection of a motor inn and coffee shop on property located on Stanley Ave. north of Robinson Street. (At the Council Committee meeting held March 25, 1974, the report was tabled for consideration at a meeting when all members of Council are present). ORDERED on the motion of Alderman Keighan, seconded by Alderman Smeaton that the previous motion of Council to consider the report when all members of Council are present be rescinded and the matter be considered at this time. ORDBRED on the motion of Alderman Walker, seconded by Alderman Mann that Mr. N.A. McKsy, solicitor for Mr. John Simon and Mr, D. Marinelli,rep~esentinS"theappli.- caflts be granted permission to address Council. Mr. MoKay stated that his clients accept the fact that the area is generally co~auercial and have not attempted to obstruct or delay the rezoning. The purpose of the objection is to safeguard the residential capacity of his own property and to have a reasonable buffer between his home and the proposed motel. The six foot sideyard suggested by the applicants, he said, is unrealistic and unacceptable because of the possibility of motel rooms over- looking the property, the noise of fans, the question of reduced light and the affect on Mr. Simon's ham radio equipment. Mr. McKsy suggested that a 40' - 2- sideyard is not an unreatiatic situation when you consider that the Mersich property has a 221 foot frontage. He questioned if, in fact, a motel would be built on the site inasmuch es the property is apparently for sale and a purchaser may use the land for other commercial ventures. He suggested that Mr. Simon may consider a somewhat lesser sideyard, perhaps 30', but urged Council tomaintain a substantial green belt buffer on'the north side of the Mersich property. Mr. Marinelli, speaking on behalf of the applicants, reviewed the application submitted to the Planning and Development Committee in 1973 at which time the site plan indicated a 48' sideyard. He said Mr. Mersich, prior to seeking legal advice, did not understand the significance of a site plan agreement. A subsequent revised site plan allowed for construction of 69 motel unit, a 50-seat restaurant and a 6' sideyard. In response to Mr. McKay's suggestion that the property may not be used for motel purposes, Mr. MarineIll pointed out that the rezoning stipulates construction of a motel regardless of whether the property is sold. He said the draft zoning by-law which designates the area as Tourist-Commercial requires a zero side- yard in motel situations whereas the present by-law requires six feet. In respect to the statement about the 221 frontage, Mr. MarineIll pointed out that the property is very valuable and the proposal for a 40' green belt area is not acceptable to his client. It was then moved by Alderman Harrigan, seconded by Alderman Mann that the report of the Planning and Development Committee be received and filed and the proposed by-law be amended to allow a thirty foot sideyard. The motion was Defeated with the following vote: AYE: Aldermen Christensen, Mann, Harrigan, Wallace. NAYE:Aldermen Fera,Keighan,Puttick,Smeaton,Schisler,Walker and Thomson. It was then moved by Alderman Fera, seconded by Alderman Walker that the report of the Planning and Development Con~nittee be received and filed and the by-law rezoning the Mersich property be amended to provide for a six foot sideyard. The motion was ~efeated with the following vote: AYE: Aldermen Fera, Keighan, Smeaton, Walker, Thomson, Wallace. NAYE: Aldermen Christensen, Mann, Harrigan, Puttick, Schisler and Mayor Bukator. It was then moved by Alderman Walker, seconded by Alderman Wallace that the report be received and filed and the by-law be amended to provide for a 15' sideyard. The motion was Defeated with the following vote: AYE: Aldermen Fete, Smeaton, Walker, Thomson,Wallace and Mayor Bukstor NAYE:Aldermen Christensen,Mann,Harrigan~Keighan,Puttick and Schisler. ORDERED on the motion of Alderman Keighan, seconded by Alderman Smeaton that the report be received and referred to staff for preparation of a revised site plan acceptable to both parties. The motion Carried unanimously. Q.E.W. AND SODOM ROAD INTERSECTION Resolution No.ll - Requesting street lighting at intersection of Q.E.W. and Sodom Road. Con~n. No. 48 - Ministry of Transportation and Communications - Advising that the traffic volume on the Q.E.W. falls far short of the guidelines which determine locations at which illumination t8 Justified and beneficial;advising further that the Central Region Traffic Office has recoEmended that illomina- tion is not required at this time. Alderman Christensen suggested that inasmuch as the Ministry has decided that illumination of the intersection is not required, consideration should perhaps be given to the installation of reflectors at the ends of the traffic lslands. ORDERED on the motion of Aldernmn Puttick, seconded by Alderman Fern that the co~eunication be received and filed. CC~4UNICATIONS No.49 - A.A.MacBain & Associates - Re: Castle Dracula Museum, 5633 Victoria Ave. Requesting that an application for a sign permit be placed on the agenda. Report ~215 - City Manager - Noting that the requested siSn is 277 square feet which is larger than the maximum area of 150 square feet permitted by the Sign By-law; recommending approval of the application. ORDERED on the motion of Aldermen Mann~ seconded by Alderman Fare that the c~unication be received and filed, the report of the City Manager be received and adopted and the application of Castle Dtacula Museum for a Sign Permit be epproved. - 3- Communications (Cont'd) No. 50 - Downtown Business Improvement Area - Board of Management - Requesting permission to attend the Council meeting to discuss the 1974 ~11 on Queen St. ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that Mr. G. Burlay be granted permission to address Council. Mr. Burley, Chairman of the Board of Management, reviewed the history of the Downtown Mall and stated 206 business are assessed a certain percentage based on their individual share of the total assessment within the improvement area and are automatically members of the Downtown Business Association. Each member is sent a bulletin regarding meetings and are aware of the matters to be discussed. The petitioners objecting to estab lishment of the Mall in 1974 were invited to attend an April 16th meeting of the Board of Management to discuss their differences but only Mr. Nickel and one other objector had artended. Mr. B. Ballet, Chairman of the Mall Committee, commented on a tabled sketch of the proposed mall which will close off two blocks on Queen Street between Ontario Avenue and Crysler. He indicated that the mall area would feature a green area with trees and shrubs rather than an area of activity. The Deputy Planning Administrator described the proposed traffic pattern which all~s free access from Victoria Avenue to Crysler and from River Road to Ontario Avenue where traffic is detoured to Park Street with options to return to Queen Street. There will be no interference with traffic on roadways running north and south. ORDERED on the motion of Alderman Wallace, seconded by Alderman Fera that Mr. Gent Nickel be granted permission to address Council. Mr. Nickel advised that the petitioners have resolved to continue their objections to the mall and suggested it was not fair that businesses beyond the closed mall must absorb losses after two years of experimenting with closed malls. Mr. Nickel commented on the fact that the Private Bills Committee had deleted the section of the City's Bill pertaining to liability for possible loss of business as a result of the mall and Mayor Bukator noted the clause is now deleted from all such bills. It was then moved by Alderman Wallace, seconded by Alderman Harrigan that the communication from the Board of Management,Downtown Business Improvement Area be received and filed and Council approve, in principle, the concept of the 1974 Downtown Mall on Queen Street between Ontario Avenue and Crysler Avenue and, further, that city staff be requested to meet with the Mall Committee to establish dates and finalire plans and the information be included in a subsequent report to Council. The motion Carried with the following vote: ~YE: Aldermen Christensen, Mann, Harrigan, Keighan, Smeaton, gchisler, Walker, Thomson and Wallace. ~AYE: Aldermen Fera and Puttick. No. 51 - Niagara Falls Public Library - Progress Report re Construction of new library. ~ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that Mr.G.Ramilton, the Library Board and the Chairman and members of the Building Committee be thanked for the periodic reports on the progress of the new 1-ibrary building and the con~aunication be received and filed. No. 52 - Niagara South Board of Education - Re: Disposal of Bellehaven School. Offering the property to the City of Niagara Falls in accordance with Ministry .regulations. Alderman Puttick noted that Weehaven School was presently operating from Southminaret Church and 21 children attend. He suggested that inasmuch as the property was originally donated for the purposes of the Bellehaven School, perhaps the Board of Education would consider donating it to Weehaven School and thus make it possible to accor~nodate more children and group them according to advancement. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the communication be received and referred to the City Manager to make arrange- ments to meet with Mrs. Mowart and Mr. Stroud representatives of Weehaven School to discuss the possible acquisition of the Bellehaven School property. Note: Alderman Puttick retired from the meeting -4- Communications (Gout"d) No. 53 - Niagara Falls Hydro - Re: Debenture Approval, 1974 Capital Budget. Requesting approval of the budget in accordance with the provisions of The Municipal Act. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the conununication be received and the request for approval of the $200,000.00 debenture be granted. No. 54 - Land Division Committee - Requesting a meeting with Council to discuss the policies of the Committee on consent applications. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the communication be received and arrangements be made to meet with repre- sentatives of the Land Division Committee at a future meeting. No. 55 - Mrs. Sylvia Terriaca - Comments re: Noise pollution. Suggesting noise by-laws should be amended to include noises from factories. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the communication be received and filed and staff be requested to prepare and submit to Council for consideration, a resolution requesting the Province to expand legislation to permit municipalities to deal with noise complaints in respect to industries. PETITION Conun.# 56 - Kathy Simpson and Others - Petitionlug for a roller skating rink in the City of Niagara Falls. The City Clerk advised that since receiving the petition, an individual has indicated interest in locating a roller skating rink in one of the vacant Loblaw buildings. ORDERED on the motion of Alderman Keighan, seconded by Alderman Fera that the petition be received and referred to the Recreation Commission. REPORTS No. 216 - Mayor George Bukator - Reconmending that the Niagara Peninsula Conservation Authority be requested to undertake a study of the possibility of providing greater water circulation by connecting the head waters of those streams in the City and in the Town of Fort Erie feeding into the Niagara River and the possibility of developing lands adjacent to these streams for recreational purposes. During the discussion Alderman Thomson requested the City Clerk and City Solicitor to determine if recreation boats can be prohibited from using that portion of Boyer's Creek that has been widened by the Henderson family, owners of the land on both sides of the Creek. In reply to the comments of Alderman Schisler regarding Lyon's Creek, Mayor Bukator stated that water is diverged from the new Welland Canal by-pass by pumps which operate when the water levels reach a certain point. Alderman Schisler said the situation is considerably better than before construction of the canal but, at times, the pumps are cut off for no apparent reason. The City Engineer will investigate. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that the report presented by His Worship Mayor George Bukator be received and adopted. No. 217 - City Manager - Re: Niagara Square - InterimAgreement withMardress Investments Ltd. Enumerating the nmin points covered by the amending agreement; recommending approval of a by-law to authorize execution of .the agreement. ORDERED on the motion of Alderman Walker, seconded by Alderman Harrigan that the report be received an4 adopted. See By-law 74-71 No. 218 - City Manager - Re: Niagara Square Site Plan. Recommending that the revised site plan be approved as a preliminary overall site plan. ORDERED on the motion of Alderman liarrigan, seconded by Alderman Mann that the report be received and adopted. The City Solicitor was asked to con~nent On the progress of the Ontario Municipal Board hearing regarding Niagara Square. He stated that the hearing is well underway, the only opponent being the Canadia Western Realty group. There were no motions for consolidation or postponement of the hearing made at the session and evidence is being presented very quickly. - 5 - Reports (Cont'd) No. 219 - City Manager - Re: L.I.P.Project, Rural Cemetery Clean-up. Advising that it is necessary to enter into an agreement with the Government of Canada in conjunction with the project; recommending approval of a by-law authorizing such an agreement. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and filed and the by-law appearing later on the agenda be given three readings. See By-law No.74-76 No. 220 - City Manager - Re: Parking on Dawlish Avenue. Recommending approval of a by-law to prohibit parking on the west side of Dawlish Avenue between Culp Street and Delaware Street. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the report be received and adopted. No. 221 - Planning and Development Committee - Re: Procedure for Notification. Reviewing the present procedure used by the Planning Department for notifying nearby property owners of proposed changes in the zoning by-law and subdivision approvals; recormnending that the present procedure be continuedand the Niagara Falls Review be asked to publish in Monday's paper the items on the agenda of the Planning and Development Committee meeting. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the ' report be received and adopted. No. 222 - City Clerk - Re: O.M.B. Hearing - Shriner's Creek Tributaries W-5-2 and W-5-3. Advising that the Board has appointed May 30,1974 for the hearing. ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that the report be received and filed. No. 223 - R.V.Anderson Associates Limited - Re: Portage Road Reconstruction. ORDERED on the motion of Alderman Keighan, seconded by Alderman Thomson that Mr.J.Conlin,P.Eng., be granted permission to address Council. Mr.Conlin reviewed the interim report concerning the works required to repair Portage Road and stressed the amount of reconstruction work to be completed if the road is to be opened by July 1st. In order to repair Portage Road and allow normal traffic use at the earliest possible date, Mr. Conlin recoEanended the first phase of the work include construction of storm sewers on Portage Road and the down slope an outfall sewer and a retaining structure to support new fill. The estimated cost of these works is $131,500.00. The second phase of construction includes continuation of the storm drainage system across the Penn Central Railway right-of-way to Oakes Drive and on Oakes Drive from the Loretto Academy to Livingstone Street. The long term proposal calls for sewers on Oakes Drive between Livingstone and Dunn Street. Mr. Conlin suggested that in order to expedite construction, it will be necessary to completely close Portage Road for s period of approximately six weeks. The City Engineer elaborated on the list of actions required to :permit repair of the Portage Road washout and provided additional information regarding the availability of subsidy for the work. In respect to the contri- bution of the Niagara Parks Commission, he advised that during discussions with N.P.C. representatives an amount of $110,000. had been mentioned. Now that the extent of the required works is known, it is hoped the amount will be increased. Mr. Rodman advised that contributions from outside sources are considered by the Ministry to be a City payment and it is possible that M.T.C. subs idy will be based on the entire amount. Following the lengthy discuss ion, it was moved by AIderman Keighan, seconded by Alderman Christensen that the resolutions of Council suggested by the City Engineer be approved. The motion ~arr~ed .unanimously. See Resolution Nos.53 to 63 <incl.) No. 224 - City Manager - Re: Purchase of Lands for Industrial Sites. Recommending that Council approve the purchase of parts of Twp. Lots 215 and 216 from Welland Securities, approximately 128.3 acres, at the rate of $2~700. per acre and, further, that the required by-law be given two readings and forwarded to the Region and the Ontario Municipal Board for approval; recommending further that the City Solicitor be authorized to prepare the necessary documents. ORDERED on the motion of Alderman Mann, seconded by Alderman Keighan that the report be received and adopted. See By-law No. 74-73 - 6 - Reports (Cont'd) No. 225 - City M~nager - Re: Proposed Minimum Standards By-law. Noting that adoption of the by-law will require the establishment of a Property Standards Committee and the hiring of a Property Standards Officer; recommending that members of Council be afforded adequate time to thoroughly cons ider the pro- posed by-law and the report be tabled for consideration at a future Council Committee session. Alderman Thomson suggested that the hiring of additional personnel to enforce the standards for maintenance and occupancy of residential properties would result in an overlapping of services inasmuch as Health Inspectors are trained and generally are doing ~he same work now. He suggested that considera- tion be given to using the services of Health Inspectors in conjunction with the Building Inspector and the Renewal Co-Ordinator. Alderman Thomson noted the cost would be subsidized 75% by the provincial Government, the City paying 21% through Regional Niagara. Alderman Smeaton noted that the proposed by-law applies only to residential properties and suggested that standards are also required for neglected commercial and industrial build ings. The City Manager advised that City by-laws are being up-dated and amended and control and maintenance of commercial and industrial buildings could be enforced through another by-law. ORDERED on the motion of Alderman Thomson, seconded by Alderman Keighan that the report of the City Manager be received and adopted and tabled for considera- tion at a Council Committee session. No. 226 - City Manager - Re: Encroachment, 4594 Ryerson Crescent. Recommending that the City Solicitor be authorized to prepare a by-law permitting the encroachment subject to the applicant making a payment of $25.00 to cover legal costs and providing legal descriptions of the premises and the encresch- ment. ORDERED on the motion of Alderman Walker, seconded by Alderman Christensen that the report be received and adopted. No. 227 - City Manager - Proposed Plan of Subdivision, Taro Properties Inc., west of Dorchester Road, south of Mountain Road ("Mount Forest"). Recommending preliminary approval of the proposed plan subject to eleven conditions enumerated in the report. ORDERED on the motion of Alderman Keighsn, seconded by Alderman Christensen that the report be received and adopted. The motion Carried with Alderman Thomson voting contrary and all others in favour. No. 228 - City Clerk - Advisory Report. The report ~ncludes information regarding sn invitation to attend the annual meeting of the Social Planning Council and to participate in the Bicycle Races being held in conjunction with the Blossom Festival. Permission for Alpha Chapter, Theta Kappa Sigma Sorority to hold a Rock-a-Thou on Centennial Square is also reconunended. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the report be received and adopted. No. 229 - City Clerk - Reconmending approval of Municipsl Licenoes. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the report be received and adopted and licenoes granted. No. 230 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Walker, seconded by Alderman Schisler that the report be received and adopted. BY-lAWS No. 74-7__0- A By-law to amend By-law No. 5335, 1955, as amended. (T. and T. Mersich, Stanley Avenue) NOT__~E: The By-law~Bs deleted from the agenda. (gee Page 1) No. 74-71 - A By-low to outhorize the exectulon of an omending agreement with Mardress~Investments Limited. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that Alderman Christensen be granted leave to introduce the By-law and the By-low be given a first reodinS. Cottied Unanimously - 7 - By-law 74-71 (Cont'd) 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. 74-72 - A By-law to authorize the execution of an agreement with Eastland Bros, (Niagara) Limited for surface treatment of roads. ORDERED on the motion of Alderman Harrigan, 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 Unanimousl7 ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimousl7 No. 74-73 - A By-law to authorize the acquisition of land for industrial sites. (Parts of Twp.Lots 215 and 216 - Two readings onty) ORDERED on the motion of Alderman Schisler, seconded by Alderman Keighan 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 Keighan that the By-law be now given a second readingl Carried Unanimousl7 No.74-74 - A By-law to authorize an agreement with William Overs for architectural services for a fire hall. No.74-75 - A By-law to authorize the acquisition of land for highway purposes. (Extension of Palmer Avenue from Jepson Street to Simcoe Street) No.74-76 - A By-law to authorize an agreement with The Government of Canada under the Local Initiatives Program respecting the Rural Cemetery Clean-up. No.74-77 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that By-law Nos. 74-74, 74-75, 74-76 and 74-77 be introduced and given first and second readings. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Keighsn that the By-laws Nos. 74-74, 74-75, 74-76 and 74-77 be given a third and final ~reading. Carried Unanimously RESOLUTIONS No. 53 - REIGHAN - CHRISTENSEN - RESOLVED that the Council of the City of Niagara Falls assume as a City roadway, that section of Portage Road now owned by the Niagara Parks Commission subject to a suitable financial settlement being reached with the Niagara Parks Commission; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 54 - KEIGHAN - CHRISTENSEN - RESOLVED that the Council of the City of N]agsra Falls authorize City Staff to prepare an agreement between the City of Niagara Falls and the Nisgars Parks Commission to authorize the following action: (a) the sssnmption by the City of Niagara Falls of that section of Portage Road presently owned by the Niogora Parks Conmission; (b) approval of the Niagara Parks Connission on suggested storm sewer alighment; (c) approvol by the Niagara Porks Conmission of the suggested type of retaining wall to be used on Portoge Rood in the oreo of the road failure or washouti (d) contribution of money from the Niagara Parks Ctnmnlssion toward total con- struction project on bosis of prior wall design and rood restorotion using current construction estimating costs; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslX 8 Resolutions (Coat'd) No. 55 - KEIGHAN - CHRISTENSEN - RESOLVED that the Council of the City of Niagars Falls authorize a copy of the report prepared by William Trow Associates being sent to the Niagara Parks Commission; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 56 - KEIGHAN - CHRISTENSEN - RESOLVED that the Council of the City of Niagara Falls authorize City Staff to prepare an agreement with the Canadian Niagara Power Company to authorize the discharge of storm water into the sluiceway of the Canadian Niagara Power Generating Plant; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 57 - KEIGHAN - CHRISTENSEN - RESOLVED that the Council of the City of Niagara Falls authorize the submission of a "Petition to Waive Contribution" to the Ministry of Transportation and Communications in respect to the cerium ted costs of constructing the storm sewers, outfall sewers, retaining structure and road repairs necessary in conjunction with the restoration of Portage Road; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 58 - KEIGHAN - CHRISTENSEN - RESOLVED that the Council of the City of Niagara Falls request the Ministry of Transportation and Communications to increase the subsidy allocated to the City of Niagara Falls in order to acconn~odate the anticipated construction costs proposed for the first phase of the remedial works required for Portage Road; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 59 - KEIGHAN - CHRISTENSEN - RESOLVED that the Council of the City of Niagara Falls authorize the use of monies made available through special charges imposed in accordance with the provisions of By-law No.73-267 and through collection of Committee of Adjustment imposts and that the said funds be used as the City's share of construction costs for the storm sewers associated with Phase 1 of the reconstruction of Portage Road; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 60 -KEIGHAN - CHRISTENSEN - RESOLVED that the Council of the City of Niagara Falls authorize preparation of an appropriate by-law to permit the construction of the storm sewers proposed as Phase 2 of the Portage Road reconstruction; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 61 - KEIGHAN - CHRISTENSEN - RESOLVED that the Council of the City of Niagara Falls authorize the invitation of bids for the construction of a retaining wall and the placing of backfill on Portage Road as outlined in the report of R.V.Anderson and Associates regard ing the Portage Road reconstruction; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 62 - KEIGHAN - CHRISTENSEN - RESOLVED that the Council of the City of Nisaara Falls authorize the calling of public tenders for the construction of storm sewers as outlined in Phase I and the associated road reconstruction as described in the report of R.V.Anderson and Associates regarding the Portage Road reconstruction; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 63 - KEZGHAN - CHRISTENSEN - RESOLVED that the Council of the City of Niagara Fells authorize the preparation of the necessary by-laws to award contracts for work related to the construction of the necessary retaining wall and backfill and the installation of storm sewers and road reconstruction associated with Phase 1 of the Portage Road reconstruction; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS MITCHELSON PARK Alderman Smeaton commented on reports regarding motor vehicles in Mitchelson Park and expressed his concern about the safety of children. The City Manager advised that signs had been erected in an attempt to eliminate the problem hut pointed out there are properties in the immediate area that are not City-owned. The situation will again be investigated and it is expected that certain reconmendations will be.presented for the consideration of Council. STAFF RESIGNATIONS Alderman Thomson commented on recent resignations of key City personnel and expressed his concern that other staff members may also resign. He suggested a report be prepared for presentation to the Committee of the Whole indicating the cause of the resignations. ORDERED on the motion of Alderman Walker, seconded by Alderman Fera that the meeting adjourn to Committee of thaW hole. READ AND ADOPTED, Mayor COMMITTEE OF THE WHOLE Committee Rooms 2 & 3 April 29, 1974. Council met in Committee of the Whole following a regular meeting held April 29, 1974. All Members of Council were present with the exception of Alderman Hunt. His Worship Mayor George Bukator. presided. Following presentation of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, Mayor COUNCIL ~fi~ETING Committee Rooms 2 & 3 April 29, 1974. Council met in open session following a meeting of the Committee of the Whole on Monday, April 29, 1974. All Members of Council were present with the exception of Alderman Hunt. His Worship Mayor George Bukator presided as Chairman. The meeting adjourned. READ AND ADOPTED, Mayor SIXTEENTH MEETING Committee Rooms 2 & 3 May 6th, 1974. SPECIAL MEETING Following adjournment of a Council CoFmittee meeting held Monday, May 6, 1974, Council reconvened in formal Council session on the motion of Alderman Thomson, seconded by Alderman Harrigan. All Members of Council were present with the exception of Alderman Smeato~. His Worship Mayor George Bukator presided as Chairman. REPORTS No. 231 - City Manager - Re: Ontario Avenue Reconstruction. Advising that Dominion Construction Ltd. has requested permission to construct an underground electrical kiosk on City property on Oatario Avenue; advising also that the City will not be involved in any part of the cost and the company will be responsible for insuring the City against any liability for the installation; reconm~ending that construction of the kiosk be authorized by Council. ORDERED on the motion of Alderman Thomson,seconded by Alderman Christensen that the report be received and adopted. The motion Carried with Alderman Walker abstaining. ~ No. 232 - City Manager - Re: Bambi Estates Subdivision. Advising that the developers wish to proceed with the engineering of the subdivision in spite of the concern of the Ministry of the Environment regarding the capacity of the Pollution Control Plant; recommending that the firm of R.V.Anderson Associates Ltd. be engaged by the City to perform the necessary engineering work for the subject subdivision; advising also that the developers will be required to deposit the estimated consultant's fee with the City. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and adopted. BY-LAWS No. 74-78 - A By-law to authorize the execution of an agreement with Vincent kerrio-Germano Limited for sidewalk repairs. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler that Aldermen 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. 74-79 - A By-law to authorize the execution of an agreement with Warren ~Bitulithlc Limited for the construction of hot mix asphalt overlays. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan 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 UnanimousiF No. 74-80 - A By-law to authorize the execution of an agreement with Warren ~itulithic Limited for the construction of roads. ORDERED on the motion of Alderman Hunt, seconded by AldermanChristensen 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 - 2- RESOLUTION No. 64 - PUTTICK - THOMSON - RESOLVED that a message of sympathy be forwarded to the family of the late Constable Luciano DeSimone, Fort Erie Division, Nisgara Regional Police Force; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS DISTURBANCE ON QUEEN STREET Alderman Thomson expressed his concern about the near-riot on Queen Street, the tragic death of a police officer and the telephone calls received from elderly residents who had difficulty getting by the crowds and who were subjected to obscene language. He suggested that a recent editorial which seemed to indicate that the City Council was derelict in failing to enforce an anti-loitering by-law was not factual. The problem, he said, has existed for many years and there were staff reports on the matter in 1970. The existing anti-loitering by-law includes a provision which prohibits the obstruction of pedestrians. The by-law is outdated, Alderman Thomson said, and according to information from City and Police officials is difficult to enforce. Alderman Thomson suggested that under the Criminal Code of Canada, Section 171, there is opportunity to lay a criminal offense charge for not moving along and could also lead to charges for abusive language. He suggested that consideration be given to a request to the Regional Police Department for an increase in the number of police officers on duty on Queen Street on Thursday nights; that a resolution be forwarded to the provincial government requesting enactment of permissive legislation and s meeting be arranged with appropriate authorities to consider means by which the problem can be eliminated. Alderman Wallace stated that the problem lies with that section of the Criminal Code dealing with causing disturbances and under which eight charges were laid as a result of the incident on Queen Street. He indicated it was difficult to prosecute under that particular section as it must be shown that the accused caused the disturbance. It would be preferable, he suggested, to have the Criminal Code amended to crests a criminal offense for disorderly conduct and enumerating certain types of conduct. The Alderman suggested the matter is beyond the control of Council, other than to recommend amendments to the Criminal Code of Canada. Menbets of Council agreed with the suggestion of Alderman Thomson that arrangements be made for the Mayor, Manager, Police Chief and representa- tives of the Downtown Business Association to meet for a full discussion of the matter. AD3OURNMENT The meeting adjourned at 12:28 a.m. on the motion o~ Alderman Walker, seconded by Alderman Schisler. READAND ADOPTED, Mayor SEVENTEENTH MEETING Council Chambers, May 13,1974. REGULAR MEETING Council met on Monday, May 13, 1974, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor George Bukator presided as Chairman. Alderman Fera offered the Opening Prayer. All Members of Council were present with the exception of Alderman Hunt and Alderman Keighan. Alderman Christensen arrived while the meeting was in progress. ADOPTION OF MINUTES The minutes of the regular meeting of Council held April 29th and a special meeting on May 6th, 1974, were adopted as printed on the motion of Alderman Mann, seconded by Alderman Fera. DEPUTATION It was moved by Alderman Puttick, seconded by Alderman Fera that Mr. Bruno Gagno, representing the Mylec Street Hockey Team, be granted permission to address Council. The motion Carried unanimously. Mr. Gagno asked Council to reconsider a $250. grant to the street hockey team to help finance a trip to Boston to compete in a World Invitational Tournament. The team, he said, has represented the City for three years and received a grant last year to help defray expenses. The Mylec team won the championship in 1973 and now wish to defend their title. Referring to suggested play-offs with other local teams, Mr. Gagno advised that invitations to compete in the Boston tournament are extended only to teams affiliated with national street hockey associations and other teams in Niagara Falls would not be eligible. In reply to a suggestion regarding a commercial venture, Mr. Gagno stated that the team were their own sponsors and equipment is purchased from the Mylec Company. It was moved by Alderman Puttick, seconded by Alderman Thomson that City Council approve an amount of $250.00 to help finance the Mylec Street Hockey Team trip to Boston to compete in a World Invitational Tournament. The motion Carried with the following vote: AYE: Aldermen Harrigan, Puttick, Smeaton, Walker, Thomson, Wallace. NAYE:Aldermen Mann, Fera and Schisler. UNFINISHED BUSINESS CORNWILL INVESTMENTS LTD. "MORRISON PARK SHEDIVISION" Report No. 185 - City Manager - Re: AM-6/74, Cornwill Investments Ltd., west side Kalar Road, Pt.Twp.Lots 86, 99 and 104; proposed plan of subdivision "Morrison park". Noting that the Ministry of Housing did not recommend the application to the Minister for approval; reconnending that Council adopt the recommendation of the Planning and Development Committee that the application be denied since it is considered prematnre until such time as the area between Kalar and Montrose Roads is serviced. (The report was presented to Council on April 16th and tabled for one month at the request of the solicitors for the applicant). ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that Mr. L. D.Lebovic be granted permission to address Council. Mr. Lebovic said that approval of the subdivision on the west side of Kalar Road will open up the whole area for development. He noted that a sanitary sewer has been installed and the proposed subdivision is in line with present development. ORDERED on the motion of Alf~man Mann, seconded by Alderman Fera that Mr. Grandoni be granted permission to address Council. Mr. Grandoni, operator of an existing intensive livestock farm adjacent to the proposed subdivision, outlined the reasons for his objections to the application. He noted that legislation presently being enacted by the Region indicates intensive animal operations must be separate from existing adjacent dwellings and provides for a distance of 2000 ft. between a livestock building and new homes, He pointed out thst the subdivision lot lines abut the barn operations and will result in complaints about odor, dust and noise.-He expressed concern about the City approving subdivisions with storm sewers draining into Shriner's Creek although the drainage rights of way ere not settled with farmers and property Mere and while the City's Shriner's Creek project is awaiting an - 2- Cornwill Investments Ltd. (Cont'd) Ontario Municipal Board hearing. NOTE: Alderman Christensen arrived at the meeting at approximately 8:15 p.m. ORDERED on the motion of Aldernmn Smeaton, seconded by Alderman Mann that the report of the City Manager be received and adopted, the rezoning application of Cornwill Investments be denied and the subdivision file be closed at this time and the applic.ants be so notified. During the discussion, Alderman Puttick raised questions regarding the possibility of additional subdivisions which may be pending and should also be considered premature until finalization of a Secondary Plan and development of the north-west sector of the municipality. Alderman Harrigan suggested that the matter be the topic of discussion at a future Council Committee session. REZONING APPLICATION - T. MERSICH Report No. 126 - Planning and Development Committee - Re: AM-26/73, T. & T. Marsfob, Pt. Range 24, Plan 653 and Lots 1 & 2, Plan 10, east side of Stanley Ave. Approval of the application will permit the erection of a motor inn and coffee shop on property located on Stanley Ave., north of Robinson Street. Report No. 233 - City Manager - Advising that the side yard requirement issue remains unresolved and recommending that Coancil approve one of two alterna- tives: (1) approval of the site plan submitted by the applicant and plan dated November 10, 1973, based on a 40 foot side yard or (2) approval of revised site plan submitted by the applicant and plan dated February 28,1974, based on a six-foot side yard. Mr. T. Mersich was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Thomson. Mr. Meraich, the applicants' son, suggested that the central issue is whether the side yard will be six or forty feet. In 1972, he said, the principal objec~l~ agreed to a six foot sideyard his only objection being the location of the restaurant. He also noted that recent motel construction in the immediate area, with adjacent residential properties, have allowed six foot side yards and questioned why the application should be treated differently. Mr. Mersich confirmed that his parents are now unable to develop the property and a pending sale depends on the six-foot side yard provision. ; It was noted by Alderman Barrigan that neither the objector nor his solicitor were present at the meeting. Subsequently it was moved by Aldennan Harrigan, seconded by Alderman Mann that the.report of the City Manager be tabled. The motion was ~efeated with the following vote: NA"ZE: Aldermen Christensen, Fern, Patrick, Schisler, Walker,Thomson,Wallace, Smeaton. AYE:. Aldermen Mann and Harrigan. It was moved by Alderman Mann, seconded by Alderman Harrigan that the report of the City Manager be received and filed and Council approve the application of T. & T. Mersich, subject to a 40-foot side yard and a site plan agreement. The motion was Defeated with the following vote: AYE: Aldermen Christensen, Mann,Harrigan,Schisler. NA'YE: Aldermen Fern, Puttick, $meaton, Walker, Thomson, Wal!ace. It was then moved by Alderman Walker, seconded by Alderman Fern that the reports of the Planning and Development Committee and the City Manager be received and filed and Council approve the application of T. and T. Marslob, subject to a six-foot side yard and a site plan agreement and, further, that Council certify 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 Smeaton, Puttick, Thomson, Walker, Wallace,Fern. MA"~: Aldermen Christensen, Mann, Herrigan and Schisler. See Resolution No.65 - 3 - COMMUNICATIONS No. 56 - Social Planning Council - Requesting that Council reconsider the City's allocation of $43,000 to the Social Planning Council for 1974 which would result in a deficit of $7,400. The communication indicates that the 1974 budget of the organization, as revised, reflects no increase whatsoever in staff, program Or facilities and would allow continuation of operations at the same level as in 1973. Mr. D. Wilson, President, Social Planning Council, was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Walker. Mr. Wilson commented on the affect of the reduced budget on the activities of the S.P.C. He indicated the possibility of elimination of contingency funds, Niagara Information a~d consideration of a move to another location. In addition there will be curtailment of crisis funding for organi- zations started by the Social Planning Council, detached worker projects and new programs. The association will attempt to live within minimum require- ments for 1974 and are prepared to build up the volunteer component of the Social Planning Council. ORDERED on the motion of Alderman Walker, seconded by Alderman Thomson that Council approve an additional allocation of $7,400. to the Social Planning Council. The motion Carried with the following vote: AYE: Aldermen Christensen, Fern, Harrigan, Puttick, Smeaton, Walker, Thomson, Wallace. NAYE:Aldermen Mann and Schisler. No. 57 - F.A.Branscombe & Others - Re: Declaration of Policy for Development of Subdivisions. Requesting an extension of time for subdividers to submit comments on the proposed Declaration of Policy and requesting a meeting with City officials to discuss items of major concern. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the communication be received and filed and a meeting with City officials and an extension of time be approved. No. 58 - Downtown Business Association - Re: Display of Antique Cars. Requesting permission to close Queen St. on Saturday, May 18th, from Erie Ave. to St.lawrence Ave. between the hours of 1:00 p.m. and 5:00 p.m. for the parking of antique cars. All streets running north end south will be left open to traffic with the exception of Cryslat Avenue. ORDERED on the motion of Alderman Christensen, seconded by Alderman Smeeton that the communication be received and the request approved. No. 59 - J. Hueglin, M.P. - Re: Consideration of the establishment of a postal station in the Main and Ferry Streets area rather than a letter carrier depot. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fern that the communication be received and filed. REPORTS No. 234 - City Manager - Re: 1974 Operating Budgets. Recommending the 1974 budget estimates, mill rates and levying and collecting authority be ratified by the by-laws appearing later on the agenda. ORDERED on the motion of Alderman Walker, seconded by Alderman Thomson that the report of the City Manager be received and adopted. The motion Carried with the following vote: ' AYE: Aldermen Christensen, Harrigan, Smeaton, Puttick, Schisler, Walker, Thomson NAYE: Aldermen Fern, Wallace, Mann. See By-laws Nos.74-81,74-82,74-83,74-84 No. 235 - City Manager - Re: Portage Road Reconstruction, Storm Sewer Installa- tion and Retaining Wall. Attached to the report is a letter from the Niagara Parks Conm~ission indicating a willingness to pay $t10,000.00 or 50% of the cost of Phase 1 of the project, now estimated to be $230,000.00. Resolutions appearing later on the ageads formally request the Ministry of Transportation and Communications to provide a written commitment to waive the contribution of the Niagara Parks Commission and apply subsidy at the rate of 50% of the gross amount rather than the net amount less items that are not eligible for subsidy. The report recommends that the contract for construction of the Portage Road retaining wall be awarded to the low tendsrat, Moir Construction Lt4 and, further, that the contract for the Portage Road reconstruction and storm se~aR installation be awarded to Biocco Construction Ltd. ORDERED on the motion of Alderman Schialer, seconded by Alderman Walker that the report be received and adopted See By-law Boa. 74-95 & 74-96 See Nos 67, 67A & 67B ,,.4. -4- Reports (Coni'd) No. 236 - City Clerk - Report of the Council Con~nittee. 1.Ontario .HouslngCorporstion - The Council C~mnittee recon~nended that the report of the City Manager in respect to the City's share of operating losses of Ontario Housing projects within the municipality be received and filed. 2. Purchas ing Authority of the City Manager - The Council Con~nittee recormmended adoption of a revised policy in respect to purchasing authorities of the City Manager and specified department heads. 3. Prince Charles Park Recreation Facilities - Recommendation - That the Niagara Falls Rousing Authority be asked to make application to the Ontario Housing Corporation for funds to redevelop the Prince Charles Park recreation facilities. 4. Planning Department - 1974 Report - Recon~nendation - That the report on planning and development within the municipality during 1973 be received and filed. ORDERED on the motion of Aldernmn Walkers seconded by Alderman Thomson that the report of the Council Committee be received and adopted. No. 237 - City M~nager - Re: Mount Forest Subdivision. Suggesting that the design of services for the subdivision be given to a consulting engineering firm because of the present staff workload; recommending that the firm of Kerry T. Howe Ltd. be engaged to design the services in the Mount Forest Subdivision subject to agreements being entered into between the subdivider and the City and between the consulting engineer and the City. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted. No. 238 - City Manager - Re: Front Street Pumping Station and Bridgewater Street Sanitary Sewer. Commenting on the two alternatives requested in calling for quotations, that is, (a) for the supply and delivery of the pump and motor only and (b) supply and delivery of the pump and motor and complete installa- tion; referring to the necessity, with increased capacity of the new pump, to install a larger sized sewer on Bridgewater Street and advising that monies have been provided in the capital budget in the amount of $40,000.; suggesting that, based on recent prices, the total estimated cost of the Bridgewater St. sewer should be increased to $50,000.; requesting apprnval to prepare the required by-law to construct a 21'-18" diameter sewpr on Bridgewater St. and application made to the Ontario Municipal Board for'the expenditure. ORDERED on the motion of Alderman Walker, seconded by Alderman Christensen that the report of the City Manager be received and adopted. No. 239 - City Manager - Re: Grants of Sewer Easements to the Regional Munici- pality of Niagara. Advising that the Region has requested the City to grant easements for the sanitary sewers and forcemain connected with the Kalar Road pumping station site as well as temporary and permanent easements across the northerly part of the John N. Allan Park to connect with s sewsEe pumping station being constructed on the north side of the Welland River; reco~nending approval of the required by-law appearing 1star on the ageads. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that the report be received and adopted. See By-law No.74-89 No. 240 - City Manager - Re: Agreements with the Niagara Parks Commission for Sewers in Queen Victoria Park. Recamuending approval of a by-law to authorize the execution of two easement agreements for storm and sanitary sewers. ORDERED on the motion of Alderman Christensans seconded by Alderman Mann that the report be received and adopted. See By-law No.74-88 No. 241 - City Manager - Re: Downtown Market. Advising that it is now necessary ~o proceed with the detailed construction drawings and specifications for the market building end the detailed plans for the parking area~advising that the Engineering Department will be able to provide the engineering ' services for the parking lot; reco~mending that ME. Robert Hunt be cogsEed to provide deteiled drawings and specifications for the market building st standard engineering fees not to exceed $3,500.00. CBtDEBED on the motion of Alderman Mann, seconded by Alderman Fers that the report be received and ado ted. The motion Csrried with Alderman .Furtick voting contrary and ell ot~ers in favour. - 5 - Reports (Coni'd) No. 242 - City Manager - Re: Traffic and Parking Regulations. An advisory report indicating typical time perids for the erection of signs for traffic and parking regulations; advising that further steps to reduce processing time are now being examined. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the report be received and filed. No. 243 - City Manager - Re:By-law Enforcement - Parking Regulations - Regional Roads. Reconunending that the Region be informed that the City is in agreement with the suggestion contained in Regional Report DEP 321that the municipality agrees to provide By-law Enforcement Officers for Regional roadways and all revenues derived be returned to the municipality. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the report be received and adopted. No. 244 - City Manager - Re: Short Term Meters. Recommending that the first two meters on the north side of Queen Street, west of Erie Avenue and the first two meteres on the east side of St.Clair Avenue, south of Queen Street, be changed an that a fifteen minute maximum parking period is provided at a cost of five cents and, further~ that this be done on a trial basis only for a period of six months. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. The motion ~arried with the following vote: ~ AYE: Aldermen Christensen, Fera,Msnn,Harrigan,Puttick,Schisler,Walker,Thomson. ~AYE: Aldermen Smeaton and Wallace. No. 245 - City Manager - Re: Truck Prohibition on Hamilton Street. Recon~nending that the necessary by-law be passed to prohibit heavy trucks on Hamilton Street between Stanley Avenue and Homewood Avenue, on Menzie Street between Stanley Ave. and Homewood Avenue and on Homewood Avenue from Bridge Street to its northerly limit. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received and adopted. No. 246 - City Manager - Re: Parking on Victoria Avenue at Centre Street. Recommending that the Region be requested to prohibit stopping on the westerly side of Victoria Avenue from Centre Street 170 feet northerly at all times. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the report be received and adopted. No. 247 - City Manager - Re: Request from Kiwanis Club to jointly publish a street map and directory; connenting on the advantages of such an agreement; recommend ing that Council authorize and direct staff to up-date the City street map and to prepare the necessary agreement with the Kiwanis Club of Niagara Falls. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wallace that the report be received and adopted. No. 248 - City Manager - Re: Garden Plots. Advising that the Recreation Commission has received 33 applications for garden plots; requesting Counctl's approval of (1) a Hydro easement for the establishment of garden plots on the Hydro right-of- way west of the Niagara Falls Badminton Club end east of Homewood Avenue,' between Morrison Street and Valley Way; (2) Fee of $10.00 per garden plot; (3) Garden Plots be 20' x 20' and (4) that staff be authorized to approach Ontario Hydro in respect to the usage of the recon~nended locations. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera that the report be received and adopted. No. 249 - City Manager - Re: Grassybrook Park. Requesting authorization to dispose of surplus buildings at the Grassybrook Park site. ORDERED on the motion of Alderman Walker, seconded by Alderman Schisler that the report be received and authorization granted to dispose of the buildings. No. 250 - City Manager - Re: Contract for Watermain Installation on Magdalen St., Contract No.W.I. 11-74. Recommending that the unit prices received from L & N Construction Ltd. be accepted by Council. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted, See Resolution No.~8 -6- Reports (Cont'd) No.251 - City Manager - Re: Road and Sidewalk Construction, Contract R.C.10-74. Advising that the low tenderer's quote for the Leawood Estates and for Rapelie Street exceed estimates made in previous years and work will not be permitted to conmence until additional monies have been received from the respective subdividers; recommending that the unit prices received from Steed & Evans Ltd. for construction of roads and sidewalks in the Dalein Subdivision, Leawood Estates and on Rapelie Street be accepted. ORDERED on the motion of Alderman Walker, seconded by Alderman Fera that the report be received and adopted. See By-law 74-95 See Resolution No.69 No. 252 - City Manager - Re: Rodent Control. Recommending that the quotation from Abell Waco Ltd. in the amount of $1,530.00 at $127.50 per month, for one year from July lst,1974, be accepted; recommending further that the by-law authorizing the agreement be passed by Council. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted. See By-law 74-90 See Resolution No.70 No. 253 - City Manager - Re: Rental of Equipment for Weed Control. Recommending that the tender submitted by E. Murchie for both mowing and spraying of weeds be accepted. ORDERED on the motion of Alderman Walker, seconded by Alderman Schisler that the report be received and adopted. See By-law Nos.74-91 and 74-92 See Resolution No. 71 No. 254 - Alderman Smeston - Re: Niagara Falls Twinning Conmittee. Reviewing the activities of the Committee and the decision to establish a Twinning Association to be responsible for the arrangements regarding official twinning ceremonies, exchange of ideas, visitors and other coordinated activities between Niagara Palls and the Twin City, Kingstown, St.Vincent. Advising that His Worship Mayor Bukator and Members of Council will be notifiedas soon as the date of the first Association meeting is known. ORDERED on the motion of Alderman Mann, seconded by Alderman Wallace that the report be received and filed, that thanks be extended to Mr. Hristow for his continuing interest ands further, that Alderman Smeaton be appointed as Council's representative on the newly established Twinning Association. No. 255 - City MaKer - Recommending the attendance pf the Purchasing Agent, J. Smyth, at the Annual Conference of the Purchasing Management Association of Canada, Edmonton, Alberta, June 9, 10 and 11th,1974. ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that the report be received and adopted. No. 256 - City Clerk - Advisory Report. The report includes information regarding the preparation of a Regional by-law designating Regional Roads by a particular name; summer hours at City Hall and the request for a crossing guard at Stamford Green Drive. A letter of appreciation was also received from the Y.W.C.A., an invitation to attend a Mass of Thanksgiving at Our Lady of Scapular Church as well as an invitat ion to attend Civic Sunday Service at Church of St.John the Evangelist. ORDERED on the motion of Alderman Mann, seconded by Alderman Walker that the advisory report be received and filed. No. 257 - City Manager - Building Permits issued for the month of April,1974. ORDERED on the motion of Alderman Walker, seconded by Alde~man'~homson .that the report be received and filed. No. 258 - City Clerk - Recommending approval of Municipal Licencas. ORDERED on the motion of Alderman Schisler, seconded by AldermanWalker that the report be received and adopted and liceaces granted. No. 259 - City Manager - Recoumending pa]anent of Municipal Accounts. ORDERED on the motion of Alderman Walker, seconded by Alderman Schisler that the report be received and adopted. - 7 - RESOLUTIONS No.65 - WALKER - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby confirm that the application of T. & T. Mersich for the rezoning of property located on Part Range 24, Plan 653 and Lots 1 and 2, Plan 10, east side of Stanley Avenue, conforms to 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. The resolution was approved with the following vote: AYE: Aldermen Smeaton, Puttick, Thomson, Walker, Wallace, Fera. NAYE: Aldermen Christensen, Mann, Harrigan, and Schisler. Carried No.66 - SCHISLER - WALKER - RESOLVED that WHEREAS the Council of the Corporation of the City of Niagara Falls is desirous of undertaking the construction of remedial work to that section of Portage Road between Oakes Drive and McLeod Road; said work consisting of embankment restoration, reconstruction of pavement and guard rails, construction of a retaining wall and construction of stormwater drains with an outlet to the Niagara River at a total cost of $230,000.00; AND WHEREAS the Niagara Parks Commission is expected to contribute an amount of $115,000.00 leaving an estimated net expenditure by the Corporation of $115,000.00; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls petition the Honourable John R. Rhodes, Minister of Transportation and Connnunications, for the approval of the said work, and, pursuant to the Public Transportation & Highway Improvement Act, to consent to the inclusion of the ex- penditure made on the said work, or such portion of the amount thereof as may be ~ considered proper, in the statement submitted for subsidy under the said Act; AND the Seal of the-Corporation be hereto affixed. Carried Unanimously No. 67 - SCHISLER - WALKER - RESOLVED that the City of Niagara Falls petition the Honourable John R. Rhodes, Minister of Transportation and Communications, for the approval, for subsidy purposes, of the proposed remedial work required on Portage Road between Oakes Drive and McLeod Road; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 67A - SCHISLER - WALKER - RESOLVED that the contract for the construction of a retaining wall on Portage Road, R.W. 13-74 be awarded to the low tendeter, Moir Con- struction Ltd. at the quoted price of $59,210.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 67B - SCHISLER - WALKER - RESOLVED that the contract for the Portage Road Re- construction and Storm bewer Installation, Contract R.C. 14-74, be awarded Baiocco Construction Ltd. in the tendered amount of $134,770.00; AN~ the Seal of the Corporation be hereto affixed. Carried Unanimously No. 68 - CHRISTENSEN - WALKER - RESOLVED that the unit prices received from L & N Construction Ltd. for the installation of a watermain on Magdalen Street, Contract No. W.I. 11-74, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 69 - WALKER - FERA - RESOLVED that the unit prices received from Steed & Evans Ltd. for the construction of roads and sidewalks in the Dalein SubdiviSion, Leawood Estates and on Rapelie Street, Contract No. R.C. 10-74, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 70 -- CHRISTENSEN - WALKER - RESOLVED that the quotation by Abell Waco Ltd. for a rodent control program for one year from July 1st, 1974 in the amount of $1,530.00 at $127.50 per month be accepted; AND the Seal of the Corporation he hereto affixed. Carried Unanimously No. 71 - WALKER - SCHISLER - RESOLVED that the contract for the mowing and spraying of weeds in the City of Niagara Falls be awarded Earl Murkhie; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 72 - WALKER - THOMSON - 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 prescribed in the regulations made to The Weed Control Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 72A- Tt~DMSON - SCHISLER - RESOLVED that the unit prices submitted by Warren Bitulithic Ltd. for the placement of hot mix asphalt on certain roadways and other areas, Contract 8-74, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 72B- THOMSON - SCHISLER - RESOLVED that the unit prices submitted by Warren Bitulithic Ltd. for the construction of base roads in the Falls Industrial Park, Stage III be accepted; AND the Seal o£ the Corporation be hereto affixed. Carried Unanimously -8- BY-IAWS ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that leave be granted to introduce the following By-laws: No.74-85 - A By-law to authorize the construction of improvements and extensions to the sewage system in the Urban Service Areas of the City. ~o.74-86 - A By-law to authorize improvements to the electrical power distribution system of the City. No.74-87 - 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) No.74-88 - A By-law to authorize the execution of easement agreements with The Niagara Parks Commission. (Sanitary sewermain and a storm sewermain across lands in Queen Victoria Park) No.74-89 ' A Byelaw to authorize the execution of grants of easements to The ' Regional Municipality of Niagara for sewers and forcemains. (Kalar Road Pumping Station) No.74-90 - A By-law to authorize the execution of an agreement with Abell-Waco Limited for the control of rodents. No.74-91 - A By-law to authorize the execution of an agreement with Earl Mutehie for mowing weeds on private lots and City properties. No.74-92 - A By-law to authorize the execution of an agreement with Earl Murchie for Chemical Weed Control. po.74-93 - A By-law to amend By-law No. 3790, being a By-law for the regulation of traffic. (Dawlish Avenue) No.74-94.- A By-law to authorize the execution of an agreement with L & N Con- struction and Excavating of Niagara Limited for the construction of watermains. No.74-95 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of roads and sidewalks. ~o.74-96 - A By-law to authorize an agreement for the construction of a retaining wall on Portage Road. No.74-97 - A By-law to authorize an agreement for road ~econstruction and a storm sewer on Portage Road. No.74-98 - A By-law to provide monies for general purposes. AND THE gAME BE NOW READ A FIRST TIME. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that By-law No. 74-85 being a by-law to authorize construction of improvements and ex- tensions to the sewage system in the Urban Service Areas, and By-law No.74-86 to authorize improvements to the electrical power distribution system be now read a second time. Carried Unanimously ORDERED on the motion of Alderman Smaaton, seconded by Alderman Christensen that the following by-laws be now read a second and third time; No.74-8~ - To amend By-laws Nos. 2350,1959 and 2530,1960. (Klydel Holdings) ,No.74-88.- To authorize easement ngreements with the Niagara Parks Commission. No.74-89 - To authorize grants of easements to the Regional Municipality of Niagara tot sewers and forcemains. No.74-90 - To authorize an agreement with Abell-Waco Ltd. for the control of rodents No.7~-91.- To authorize an agreement with Earl Murchie for mo~ing weeds on private lots and City properties. -9 - By-laws (Cont'd) No.74 -92 - To authorize an agreement with Earl Murchie for chemical weed control. No. 74-93 - To amend By-law No. 3790, being a By-law for the regulation of traffic. No. 74-94 - To authorize an agreement with L & N Construction and Excavating Niagara Limited for the construction of watermains. No. 74-95 - To authorize an agreement with Steed and Evans Ltd. for the construction of roads and sidewalks. No. 74-96 - To authorize an agreement for the construction of a retaining wall. No. 74-97 - To authorize an agreement for the construction of a storm sewer and watermain. No. 74-98 - To provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that leave be granted to introduce the following by-laws: No. 74-81 - To provide for the appropriations for the year 1974. No. 74-82 - To fix the rates of taxation for 1974 and to provide for the levying of taxes. No. 74-83 - To provide for the collection of taxes for the year 1974. AND THE SAME BE NOW READ A FIRST TIME. The motion Carried with the following vote: AYE: Aldermen Christensen, Harrigan, Puttick, Schisler, Thomson, Walker, Smeaton. ~AYE: Aldermen Wallace, Mann and Fern. ORDERED on the motion of Alderman Christensen, seconded by Alderman Harrigan that By-law No. 74-81 to provide for the appropriations for the year 1974; By-law No. 74-82 to fix the rates of taxation for 1974 and to provide for the levying of taxes and By-law No. 74-83 to provide for the collection of taxes for the year 1974 be now read a second and third time. The motion Carried with the following vote: AYE: Aidermen Christensen, Harrigan, Puttick, Schisler, Thomson, Walker, Smeaton. NAYE: Aldermen Wallace, Mann and Fern. ORDERED on the motion of Alderman Christensen, seconded by Alderman Harrigan that leave be granted to introduce the following by-law: No. 74-84 - To authorize the granting of a monicipal tax credit for the assistance of Elderly residents. The motion Carried with Alderman Wallace voting contrary and all others in favour. ORDERED on the motion of Alderman Christensen, seconded by Alderman Smeaton that By-law No.74-84 being a by-law to authorize the granting of a municipal tax credit for the assistance of elderly residents be now given a second and third reading. The motion Carried with Alderman Wallace voting contrary and all others in fayour. NEW BUSINESS CITY FLOAT The first place trophy won by the Niagara Falls Float in the recent Blossom Festival Parade was presented to Mayor Bukator by Alderman Christensen, who suggested a letter of congratulation be forwarded to the designer, Mr. D. Costello of the Engineering Department. The City Manager has received a letter from the Pasadena ~u~nament of Roses Association outlining the various requirements and priority procedure to participate in the 1975 parade. Mr. Costello's report to Council indicated a cost of $19,200. less $5,000 for the 1975 float construction, resulting in a total esti- mated cost of $14,200. Alderman Mann suggested an amount of $10,000. be included in the budget for this purpose and the City approach tourist operators, other interested groups and the Niagara Resort and Tourist Association to participate in a Joint effort because of the advertising derived. Alderman Smeaton noted that the Blossom Festival Parade is the project of the Niagara Promotion Association and suggested that both organizations be contacted and consideration be given to establishing a citizens group. - 10 City Float (Cont'd) The City Manager pointed out that City Council has previously approved a schedule for the City Float and these costs were reflected in the budget. He suggested that consideration could be given to entering the float in the January 1976 Rose Tournament parade and thereby allowing sufficient time to arrange financin, i as a connnunity effort. He also noted that while the preparatory work for the float would be charged to the 1974 budget, items such as travel and acconmodation expenses would Be 1975 costS. in addition, the budgets for various Interested agencies and the City's budget have been set for this year. The City Manager agreed with a sug- gestion by Alderman Harrigan that the provincial government could be approached for assistance. Floats are entered in'the parade by invitation only and Alderman Mann expressed concern that the City would not be invited to participate in another year. the matter be referred to the City Manager for a report to Council after a c: with the Niagara Resort and Tourist Association and the Niagara Promotion Associati~ regarding possible financing of the City Float's entry in the January 1975 Tournameml of Roses Parade in Pagedens, California. The motion Carried unanimously. HIGH SCHOOL BANDS Alderman Wallace said he was somewhat disturbed by the fact that only one high school or collegiate band from Ontario participated in the Blossom Festival Parade, the majority being from the United States. He suggested that in future parades at least one of the high schools in Niagara Falls should be repre~ sented by a band. In Reeding, Pa., he said, the Board of Education provided a director of music and supplied the Instruments. Uniforms and travel expenses were raised through fund-raising projects, parents' organizations or other connnuntty organizations. While the suggestion is primarily e matter of policy for the Board of Education, Alderman Wallace expressed the opinion that it is sufficiently impor- tant to warrant a staff report. Alderman Puttick stated that at one time the City did receive grants for the purposes of school bands and ~uggested background infor- mation be..m~de av&tlable. It was then moved..by Alderman Wallace, secondedby,Alderman. Thomson that City staff be asked to contact the Board of Education and Mr. Ted McQuaid, Director of Music at the Niagara Falls Collegiate to discuss the possibility of instituting a collegiate band or bands and, further, that estimated costs of Uniforms and instruments be included in a report prepared for a future meeting of the Council Committee. The motion Carried unanimously. POLICE BUILDING Alderman Walker questioned the delay in finalizing plans for the new police building in the City of Niagara Falls, which, he said, will increase the efficiency of the Department, improve morale and attract a high oalibre of police officer. The Alderman noted that the City had taken all the necessary steps requlred andwas critical of the delay and lack of co-operation by Regional authorities. Alderman Wallace suggested that the matter had "died"on the vine" with the Regional Finance Comittee whomst bring a reconm,endatton to Regional Council that the architect be authorized to prepare plans and specifications suitable for tendering. The City Manager said it was his understanding that the architect had submitted final design plans but not detailed working drawings. Final cost estimates must go to the Regional Council for approval and authorization given to the architect to proceed with the final working drawings and tender call. Mayor Bukator said he was satisfied that an amount of $500,000. had been included in the Regional Capital Budget for the new building. He indicated · that a meeting would be arranged with the City's Police Building Committee, representatives of the Police Board of Comissionars and the Region61 Finance Committee the results of which will be reported to Council. New Business (Cont'd) BRIDGE ST. ATHLETIC GROUNDS The condition of the perk on Bridge St. following a carnival was brought to the attention of Council by Alderman Walker. The Alderman suggested that whoever is respons ible for the carnival should be required to pay the costs of the cleanup and regrading. In reply to further questions the City Clerk advised that in granting permission for the use of City parks for carnival purposes, adequate liability insurance is required but there is no guarantee that the parks will be left in the same condition. The matter will be investigeted. DORCHESTER SQUARE Aldermen Puttick referred to the minute of the Public Service Committee which under "Subdivision Forecasts" listed "retail store development east of Dorchester and adjecent to Cenadia (Dorchester Square)". The Alderman asked who was going to build stores on the property inasmuch as Dorchester Square was not approved by Council. The Design and Construction Engineer explained that certain items were carried forward in the minutes and it is not known what is proposed for the property. He suggested the minutes should have indicated that the item referred to Dorchester Square. DU~N STREET EXTENSION Alderman Puttick read from the minutes of the May let meeting of the Planning and Development Committee; a spokesman had asked 'if the Bambi subdivision had any bearing on the proposed design (of the Dunn St. extension) and if the proposal would affect the Oakwood Drive industrial lots and if these lots were City-owned. Mr. A. Lemb replied that he did not know if the industrial lands were City-owned, that if the proposed toed was extended to the north, it could necessitate acquiring some of the Bambi property. He did not feel there would be a detrimental effect on the industrial subdivision." The Alderman noted that Council had approved the Bambi subdivision several weeks ago and questioned why Council was not informed that the Dunn St. extension could affect the Bambi property. He suggested the possibility that if the proposed extension did not affect Bambi lands it could affect properties south of the subdivision. Alderman Puttick requested a report on the matter. ~OTE: Alderman Christensen retired from the meeting. NOISE COMPLAINTS - GERBER COMPANY Alderman Puttick reported receiving a phone call as to whet action has been taken regarding the noise from the Gerber plant. The City Clerk advised that representatives of the Ministry of the Environment had taken tests of the noise level at the plantand a report on their findings will be available within the next two weeks. In addition to the tests already made, the Ministry is prepared to take tests at the fifty foot level of the stack to determine the extent of the noise. HELICOPTERS Alderman Puttick reported several phone calls from residents of the Glenview area regarding the noise of helicopters. He suggested steps should be taken requiring the helicopters to fly straight up the river and straight back. He asked the City'Manager to determine what procedure must be followed to prohibit the helicopter flights. CONGRATULATIONS TO ALDERMAN FERA ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Schisler that congratulations he conveyed to Alderman and Mrs. Fera on the birth of their first child, a son. NEXT MEETING OF THE COUNCIL COI~ITTEE It was moved by Alderman Wallace, seconded by Aideman Walker that the next meeting of the Council Committee scheduled for May 20, 1974 be cencelled in view of the Victoria Day holiday. The motion Carried unanimously. - le - ADJOURNMENT The meeting adjourned to Conm~ittee of the Whole on the motion of Alderman Smeaton, seconded by Alderman Schisler. READ AND ADOPTED, Mayor COMMITTEE OF THE WHOLE Committee Room~l, May 13, 1974. Council met in Committee of the Whole on Monday, May 13, 1974, following a regular meeting. All Members of Councll were present with the exception of Aldermen Christensen, Hunt and Keighan. Alderman Smeaton presided as Chairman. It was agreed to adjourn the Committee of the Whole meeting and reconvene on Wednesday, May 15th,1974 at 4:30 p.m. KEAD AND ADOPTED, Mayor EIGHTEENTH MEETING Council Chambers, May 27, 1974. REGULAR MEETING Council met on Monday, May 27th, 1974, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor George Bukator presided as Chairmsn. Alderman Mann offered the Opening Prayer. All Members of Council were present with the exception of Aldermen Christensen and Hunt. ADOPTION OF MINUTES ORDERED on the motion of Aldermsn Thomson, seconded by Alderman Fera th~ t the minutes of the regular meeting of Council held May 13, 1974 be adopted as printed. UNFINISHED BUSINESS COMPLAINTS OF NOISE - GERBER PRODUCTS Comm. No. 35 - Mr. & Mrs.A.Terriacs & 15 Others - Objecting to noise and vibration emana~ng from the Gerber Products Plant since the installation of new boilers; commenting on health problems resulting from disturbed sleep and 24-hour exposure to the noise. ~ Comm. No.55 - Mrs.Sylvia Terriaca - Comments re: Noise Pollution. Suggesting noise by-laws should be amended to include noises from factories. Report No. 260 - City Manager - Suggesting (a) Council direct that representatives of the Ministry of the Environment be requested to expedite the preparation of reports outlining the results of tests taken at the Kimberly-Clark and Gerber Products plants and make same available to the City; (b) the Minister of the Environment be asked to enact, as quickly as possible, regulations dealing with the extent of industrial noises and vibrations; (c) innned is rely the findings of the report are available, City Staff and Council representatives meet with management of both plants to discuss the implementer ion of remedial measures. Note: Alderman Smeaton declared a conflict of interest and declined to partici- pate in the discussion. Mrs. Sylvia Terriaca was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Fare. Mrs. Terriaca suggested the tests taken at the Gerber plant were solely for the purpose of determining the noise levels of the boilers and would not include noise from steam hoses, shouting, banging and abusive language at night and in the early morning hours. She suggested the company could reduce working hours to give relief to area residents and also seal the windows of the building. The City Clerk stated that when the Manager of Gerbers was informed of the complaint regarding the noise of steam hoses in the early morning hours, he indicated this aspect would be investigated as normally the clean-up shift is finished by midnight or 1:00 a.m. Mr. Collinson also suggested that Mrs.Terriacs record the dates and times of the ~ght operation of the hoses so the information could be relayed to the firm's manager. Alderman Thomson was of the opinion that the complaints fall within the provisions of an existing by-law and, if all else fails, the City could lay a charge under the terms of the City's noise by-law. When questioned, the City Solicitor indicatedhe could give no assurance as to the outcome of such court action and the City Clerk suggested the case would be automatically adjourned pending the results of the tests that have been under- taken. Alderman Harrigan questioned the possibility of a court injunction to force the company to "cease and desist" until the results of the noise level tests are known. Mr. Young said the property owner would have the right to commence a court action but would no doubt be reluctant to get involved in the expense of a lawsuit. Alderman Wallace expressed the opinion that prosecution under the City's noise by-law would be a futile procedure and an ineffectual way of handling the matter. He suggested only two courses of action are possible, that is, to get an injunction to restrict the plant's operation or to petition the provincial government to take some action through the Ministry of the Environ- ment. It was then moved by Alderman Thomson, seconded by Alderman Fera that the report of the City Mansger be received and (a) representatives of the Ministry of the Environment be asked to provide the City with the results of the tests taken at the Kimberly-Clark and Gerber Products plants by next Monday, - 2- Report No.260 (Cent"d) June 3, 1974; (b) the Minister of the Environment be asked to enact as quickly as possible, regulations dealing with the extent of industrial noises and vibrations; (c) immediately the findings of the report are available, City Staff and Council representatives meet with management of both plants to discuss the implementation of remedial measures; (d) should the reports from the Ministry of the Environment indicate noise is excessive and if no remedial action is taken by the industries involved, the City take action in accordance with By-law 7535,1967, being a by-law respecting noises and (e) that Mrs. Terriaca's statement regarding the excessive noise from steam hoses, banging and loud abusive language also be considered in future discussions. The motion Carried with Alderman Smedton abstaining. CLOSED PORTION OF FIFTH AVENUE By-law No.74-36 - A By-law to stop up and close and to authorize the selling of part of Fifth Avenue, Report No. 261 - City Manager - Re: Proposed Sale of Closed portion of Fifth Avenue, South of Jepson Street. Recommending that Council approve the sale of the easterly half of the closed portion of Fifth Avenue to 261515 Holdings Limited for $3,750.00 and the sale of the west half of the closed portion to Pasquale Stroffolino for $3,750.00 with the purchase price, in each case, being payable on closing the transaction and sub]ect to the provision that any use of the land must be in accordance with the R-3 zoning end the purchasers not object to any by-law amending the existing zoning by-law to designate the land being sold as R-3 Residential. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that the report be received and adopted. COMMUNICATIONS No. 60 ~ J. Lombardi & Others - A petition objecting to the proposed prohibition of parking on the west side of Victoria Avenue frnmCentre Street, 170 feet north. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the con~unicstion be received and referred to the Parking Con~nittee and, further, that Regional authorities be asked to delay further processing of the by-law at this time. No. 61 - Mrs. S. Catillo - Comments re: Grant to Mylec Street Hockey Team. ORDERED on the motion of Alderman Keighan, seconded by Alderman Walker that the communication be received, the statements in th? letter be investigated and a full explanation provided to Mrs. Catills. No. 62 - Niagara Regional Board of Commissioners of Police - Requesting the comments of the City as to whether the Board should extend its licensing Jurisdiction to include such other businesses as collectors of second-hand goods and metals, delivery vans, aggregate haulera, school buses and vehicles .c~rmonly used to move furniture and other goods within a municipality. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the coummnication be received and filed and the Board of Police C~issioners be advised that the City has not experienced problems with the types of business enumerated in the communication. No. 63 - Niagara Regional Police - Re: 3rd International Police Weekend, Ker Park, September 6th, 7th and 8th,1974. Requesting permission to establish a beer tent at Ker Park. The communication indicates the requirements of the Municipality and the Liquor Control Board of Ontario will be strictly adhered to. ORDERED on the motion of Alderman Schialer, seconded by Alderman Smeaton that the communication be received and the request to erect a beer tent in conjunction with the Annnal Police Weekend be approved. No. 262 - City Manage~ - Re: Agreement with Local 528, Niagara Falls professional Fire Fighters. Advising that a memorandum of settlement has been signed with Local 528 covering a one-year agreement for the period January 1, 1974 to December 31,1974. The report emwratesthe principal changes in the agreement and advises that the Negotiating Cemmittee unanimously reconnend acceptance of the settlement. .~3. ~ - 3 - Report No. 262 (Contd.) During the discussion, members of Council expressed their views of tile terms of the settlement and further clarification was provided by the Personnel Director. ~ote: Alderman Thomson and Alderman }~nn declared their interest and did not participate in the discussion. It was then moved by Alderman Wallace, seconded by Alderman Harrigan that the report of the City Manager be received and adopted and the agreement with the Niagara Falls Professional Firefighters, Local 528, as proposed by the Negotiating Ccnmnittees, be approved by the City Council and ratified by by-law. The motion Carried with the following vote; Aldermen Thomson and Mann abstaining. ~YE: Aldermen Harrigan, Keighan, Smeaton, Schialer,-Wallace. NAYE:Aldermen Puttick, Walker and Fern. See By-L~w No.74-99 See Resolution No.73 NO. 263 - City Manager - Re: Method of Electing Aldermen, 1975-1976 Term. Referring to Council's earlier decision to request an appropriate amendment to the Regional Municipality of Niagara Act to permit the election of twelve Aldermen by a general vote in the City of Niagara Falls and advising that notification has been received that the requested amendment will not be made; advising also that proposed legislation provides that the present wards will remain in effect until altered by the Ontario Municipal Board; suggesting two alternatives available to Council: (a) maintain the present method of representation by four wards; (b) re-divide the entire City into acceptable wards and submit an application to the Ontario Municipal Board for approval. In reply to questions by Aldernmn Thomson, the City Clerk stated that in order to re-divide the City, it would be necessary to pass a by-law authoriz- ing an application to the Ontario Municipal Board to establish new ward boundaries; advertise and provide ample time for possible objections and if there was opposition to the proposal, the Board would require s hearing. It was also noted .that for the 1974 election, candidates will not be required to establish residency from January let to the date of nomination in the ward they propose to represent. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report of the City Manager be received and the City of Niagara Falls maintain the present method of Aldermanic representation in four wards. It was then moved by Alderman Narrigan, seconded by Alderman Smeaton that the Hen. John Clement and the Minister of Treasury, Economics and Inter- governmental Affairs, the Hen. John White, be notified that the members of the Council of the City of Niagara Fails deplore the failure of the provincial authorities to notify the City of pending amendments to existing legislation and the lack of con~nunication in dealing with the Ctty's application to amend the Regional Municipality of Niagara Act. The motion Carried with the following vote: AYE: Aldermen Fern, Mann, Marrigan, Keighan,Smeston,Walker, Thomson, Wallace. NAYE:Aldermen Puttick and Schisler. No. 264 - City Manager - Re: Tournament of Roses Parade. Recommending that in view of the fact funds have not been provided in the 1974 budget for this purpose and monies are not available this year from the Niagara Resort and Tourist Assoc., the Niagara Promotion Asset. and the Province, that Council consider applying to enter a float in the 1976 Pasadena Tournament of Roses Parade; reco~mlending further that the 1975 Council reconsider the present policy and funding of parade entries early in 1975. ORDERED on the motion of Alderman Mann, seconded by Alderman Walker that the report be received and adopted. No. 265 - City Manager - Re: 76 O.H.C. Senior Citizen Units, Portage Road. Recommending approval of s by-law to authorize the execution of an agreemen~ between the Ontario Housing Corporation and the City. ORDERED on the motion of Aideman Thomson, seconded by Alderman Mann that the report be received and adopted. ~e By-law No,74,102 Reports (Conttd) No. 266 - City M~nager - Re: Request for Railway Track across Dyson Avenue. Advising that all costs will be borne by Provincial Crane and suggesting the necessity of an agreement setting out the details for constructions safety aspects of the operation and costs; recommending that the City Manager be authorized to take all necessary steps to have the appropriate agreement prepared. ORDERED on the motion of Aldernmn Schisler, seconded by Alderman Walker that the report be received and adopted. No. 267 - City Manager - Re: Board of Management, Main & Ferry Business Improvement Area. Advising that'Mr. A. P. Marshall has resigned his position on the Board and the Main and Ferry Business Association has requested that Mr. Don Stirtzinger be appointed to fill the vacancy; recommending that Mr. Stirtzinger's appointment he ratified by by-law and a letter be sent to Mr. Marshall thanking him for his services on the Board. ORDERED on the motion of Alderman Walker, seconded by Alderman Mann that the report be received and adopted. See By-law No.74-101 No. 268 - City Manager - Re: Canadian Federation of Mayors & Municipalities. Advising that the Board of Directors is comprised of elected representatives from municipalities representing all provinces and territories; recommending that Council authorize His Worship Mayor George Bukator to consent to having his name submitted for consideration by the Nominating Comauittee as a member of the National Board of Directors of the Canadian Federation of Mayors and Municipalities. ORDERED on the motion of Alderman Walker, seconded by Alderamn Smeaton that the report be received and adopted. No. 269 - City Manager - Re: TV Sewer Inspection and Hydraulic Cleaning of Sewers and'Culverts; recommending that prices submitted by Sanitank Inc. at 15.9~ per ft. for TV inspection, 8¢ per ft. for hydraulic cleaning of sewers and $220. per day for cleaning of culverts be accepted by Council. ORDERED on the motion of Alderman Manns seconded by Alderman Walker that the report be r~ceived and adopted. See Resolution No.76 No. 270 - City Manager - Re: Demolition Contract, No.D.T.13-74, Recommending that the contract for the demolition of the Niagara Paper Box fectory, Park St. and Zimmerman Ave. be awerded to R.J.Collee in the amount of $6,400.00. ORDERED on the motion of Alderman Smeaton, seconded by Aldernmn Walker that the report be received and adopted. ~ See Resolution No.77 No. 271 - City Manager - Notification that the Planning and Development Committee will meet on Wednesday, May 29th, at 4:00 p.m. to discuss the proposed draft zoning by-law with the consultant; advising that the Committee has suggested a Joint meeting with the City Council on Wednesday evening, May 2qth. ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton that the Planning and Development Cowanittee be requested to meet with Council on Monday, June 3rd. at 7:00 p,m. to discuss the draft zoning by-law. The motion Carried with Alderman Harrigan voting contrary and all others in favour.. No. 272 - City Manager - Recommending that the City Clerk and City Treasurer, or their deputies, be authorized to attend the Annual Conference of the Assoc. of Municipal Clerks and Treasurers of Ontario, Honey Marbour~ June 16th to 19th, inclusive. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received and adopted· No. 273 - City Clerk - Resolutions from Ontario Municipalities and Associations. 1. Municipal Engineersl Association - (a) A resolution requesting legislative authority to enable Ministry of the Environment or municipal personnel to enter private property. The report recoTmlends that resolution (a) be endorsed by Council. (h) A resolution requesting legislative authority to require environmental approval of design and operation of pollution control equipment. The report recommends endorserion of the resolution. -5 - Report No. 273 (Cont'd) Regional Municipality of Peel - A resolution expressing cnncern regarding lack of control and physical violence at hockey games. Recommendation - that the intent of the resolution be endorsed by Council. City of London - The resolution recommends that the Planning Act be amended by the addition of the words "and utility lines", Section 29, Subsection (4) The report recommends approval of the resolution which provides that utilities such as Bell Canada and gas companies would be granted an exemption from the necessity of obtaining the permission of the Land Division Committee. City of Kitchener - A resolution requesting an amendment of the Land Specula- tion Tax Act, 1974, to provide an exemption from the tax imposed on lands sold by the municipality. Recommending endorsation by the City and Premier Davis be so advised. City of Belleville - Requesting subsidization on the cost of borrowing money. The resolution will be presented at the Annual Conference of the Association of Municipalities of Ontario; suggesting the resolution be received and filed and delegates to the Conference be prepared to discuss the nmtter. Town of Thorold - Requesting the Escarpment Planning Area be confined to that area inunediately adjacent to the Niagara Escarpment. Recommendation - The City support the Town of Thorold in attempts to provide a more realistic area over which the Escarpment Commission has jurisdiction. Town of Thorold - Requesting an amendment to the Income Tax Act to provide allowances to volunteer firemen up to $1,000. The report suggests the increase from $300. appears to be substantial, particularly when no reason is given in the resolution for the suggested change. Recommendation - that the resolution from the Town of Thorold be received and filed. 8. City of Mississauga - Requesting subsidization of Fire Services. Reconmaending endorsation of the resolution. Niagara Falls Hydro - Requesting endcreation of the Task Force Resolution adopted by the Niagara Falls Hydro Commission. Recommending approval of the request. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report and recommendations contained in the report of the City Clerk be received and adopted. The motion Carried with Alderman Wallace voting contrary and all others in favour. No. 274 - City Clerk - Advisory Report. The report provides information regarding a meeting of the Peach Festival Committee; comparison of 1973 Regional water sales with 1974 estimates and M.T.C. information on car pooling as well as notification that the O.M.B. has approved the Regton's capital budget. The report also recommends approval of the use of the Bridge Street Athletic Grounds for the purposes of the Stamford Lions Club Annual Carnival and the approval of Senior Citizens' Week. The report of the Manager of the Niagara Falls Memorial Arena is also included. ORDERED on the motien of Alderman Mann, seconded by AldermanSmeaton that the report be received and adopted. No. 275 - City Clerk - Recommending approval of Municipal Licences. The report includes an application by Universal Coats of Arms for a Hawker & Pedlar Licence and Mr. Fred Stephenson was granted permission to address Council on the motion of Alderman ~homson, seconded by Alderman Mann. Mr. Stephenson described the crests as prestige items which he proposes to display in protective cases on the wall of two commercial buildings, one being at the former Booth station on Victoria Avej and the other at.a souvenir store close to Centre Street. The crests are designed according to authentic sixteenth century records, orders will be accepted at the two sites and the crests delivered at a later date· Alderman Wallace questioned the advisability of granting a Hawker and Pedlar licence which would permit selling the item door-to-door, Mr, Stephenson assured Council that this was not his intention. -6 - - 7- Report No. 275 (Contd.) ORDERED on the motion of Alderman Wallace, seconded by AldermanS~hisler that the report of the City Clerk be received and adopted and licences granted with the exception of the application for a Hawker and Pedlar lieante from Universal Coats of Arms. It was then moved by AldermanThomson, seconded by Alderman Walker that a Transient Trader's Liceuce be granted to Universal Coats of ~rms, 5941 and 5795 Victoria Ave. The motion Carried with the following vote: AYE: Aldermen Fern, Mann, Smeaton, Harrigan~Schisler,Walker,Thomson,Wallace, ~: Aldermen Keighan and Puttick. No, 276 - City Manager - Reconmending payment of Municipal Accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that the report be received and adopted. RESOLUTIONS No. 73 - WALLACE - SMEATON - RESOLVED that WltEREAS the Negotiating Conmittee acting on behalf of the City Council, has recommended to Council that certain members of the Fire Department have their employment extended in order to take advantage of supplementary pension benefits; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls hereby authorize the extension of the retirement dates for the four persons enumerated hereunder, to the 31st day of January, 1975: Captain J.Jamieson normal retirement date December 1,1974, extended to January 31, 1975. Platoon Chief T. Graham 9 ) Captain A. Didsmug ) normal retirement date December 31,1974, ) extended to January 31, 1975. Captain H. McPherson ) AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 74 - SCHISLER - MANN - RESOLVED that pursuant to The Public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy moneys for public transportation for the year 1974 in the amount of $60,000. for Transit Operating Deficit; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 75 -MANN - SCHISLER - RESOLVED that Alderman William Smeaton be appointed Acting Mayor for the period June 2nd to June 8th, 1974, inclusive, during the absence of His Worship Mayor George Bukator; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 76 - MANN - WALKER - RESOLVED that the City of Niagara Falls accept the tender submitted by Sanitank Inc. for T.V.Inspection at 8¢ per foot for hydraulic cleaning of sewers; 15.9¢ per foot for TV inspection and $220. per day for cleaning of culverts; AND the Seal of the Corporation be hereto affixed. ,. Carried Unanimously No. 77 '- 8~TON'- WALKER-., RESOLVED that the contract for the demolition of the Niagara Paper Box Company factory at Fark Street and Zinmmerman Avenue be awarded to R.J.Collee at the tendered price of $6,400.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace that leave be granted to introduce the following by-laws: No.74-100 - A By-law to authorize a renewal of the lease of the old City Hall. No.74-101 - A By-law to amend By-law No.74-11, being a by-law to appoint the members of the Board of Management for the Main and Ferry Business Improvement Area. No.74-I02 - A By-law to authorize an agreement with Ontario Housing Corporation respecting 76 senior citizen housing units on Portage Road. No.74-103 - A By-law to authorize the execution of an agreement with Richard J. Collee for the demolition of a building. (Niagara Paper Box, Park St. at Zir~nerman Ave.) .No.74-104 - 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 Falls. No.74-105 - A By-law to provide monies for general purposes. AND THE SAME BE NOW READ A FIRST TIME. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the following by-laws be now read a second and third time. No.74-100 - A By-law to authorize a renewal of the lease of the old City Hall. No.74-101 - A By-law to amend By-law No.74-11, being a by-law to appoing the members of the Board of Management for the Main and Ferry Business Improvement Area. ~o.74-102 - A By-law to authorize an agreement with Oetario Housing Corporation respecting 76 senior citizen housing units on Portage Road. .N~.74-103 - A By-law to authorize the execution of an agreement with Richard J. Collee for the demolition of a building. (Niagara Paper Box, Fark St. at Zimmerman Ave.) ~..74-104 - 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 Falls, ~q.74-105 - A By-law to provide monies for general purposes. Carried Unanimously By-law No.74-99 - A By-law to authorize an agreement with Niagara Falls Professional Fire Fighters, Local 528, of the International Association of Fire Fighters. ORDERED on the motion of Alderman Wallace, seconded by Alderman Sd~sler that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given a first reading. The motion 9arried with Alderman Thomson and AIderman Mann abstaining. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Keighan that the By-law he now given a second and third reading. The motion CpFried with the following votes Alderman Thomson and Alderman Mann.abstainin~,. '., AYE: Aldermen Harrigan, Ketghan, Smeaton, Schisler, Wallace. NA.__~:Aldermen Puttick, Fern and Walker. NEW BUSINESS LHNDY'S LANE TOURIST AREA Alderman Thomson referred to the relocstion of Highway ~20, the':?~ elimination of direct access to Lundy's Lane from the Q.E.W. and the concern of the Lundy's Lane tourist operators. When the matter was discussed previously, representatives of the Ministry of Transportation and Communications indicated - 8 - that possible loss of business could be offset by adequate signing. Alderman Thomson stated that present signing is inadequate and gives no indication that Lundy's Lane is a tourist area . He expressed the opinion that the small sign located near the Thorold Stone Road exit indicating "Lundy's Lane via #20 Highway" is of little assistance in helping tourists to locate the Lundy's Lane business area· Although the N.R.T.A. has been studying the signing policy for the entire City, it will be some time before the total report is prepared. Alderman Thomson suggested that consideration be given to inviting the Lundy's Lane tourist operators to a meeting to discuss the problem thoroughly and possibly have some suggestions to present to M.T.C, representatives to improve the signing situation in the area. It was then moved by Alderman Thomson, seconded by Alderman Smeaton that representatives of the Ministry of Transportation and Communications be asked to meet with City Officials and Lundy's L~ne business operators for the purpose of discussing improvements to signs and directions to Highway #20 and the Niagara West business area from the Queen Elizabeth Highway· The motion Carried unanimously. OAKES DRIVE CONSTRUCTION Alderman Thomson commented on the continuing problem and inconvenience experienced by residents of the south end of the City who are required to use the Stanley Ave. - McLeod Rd. route as a result of road reconstruction on Oakes Drive and the closing of the roadway to all traffic. The Alderman enquired if the Penn Central Railway had been advised of the situation. The City Clerk confirmed that the railway had been notified that the roadway is now closed to both north and south bound traffic and, in a reply, the railway had indicated every effort would be made to keep train stoppages at the crossing to a minimum. Mayor Bukator suggested that if the customs depot was temporarily moved farther west, 100 more box cars could clear the McLeod Road level crossing and thus alleviate the traffic hold-ups until the Oakes Drive construction is completed. The suggestion was referred to the city Clerk. UNIFORM NEGOTIATION SYSTEM Alderman puttick expressed his concern regarding the situation when municipalities are faced with negotiation of contracts with union employees and salaried personnel. He suggested that Ontario municipalities have been bound by settlements made in other communities with insufficient consideration given to the importance of local conditions. He suggested that municipalities should have the same advantages as unions and civic bodies shouM organize and be unified during bargaining. It was the opinion of the AIderman that the provincial government should be requested to establish uniformity among munici- palities in the matter of negotifcions. It was moved by Alderman puttick, seconded by Alderman Harrigan that the City Clerk be instructed to prepare a resolution dealing with the matter of establishing wage rates for both salaried and union personnel and requesting the provincial Minister to implement a unified negotiating system throughout the province. The motion Carried with the following vote: ATE: Aldermen Mann, Furs, l{arrigan,Keighan,Puttick,Smeaton,Schisler,Walker' NA~E: Aldermen Wallace and Thomson. The meeting adjourned to Committee of the Whole on the motion of Alderman Smeaton, seconded by Alderman Walker. READ AND ADOPTED, Mayor - 9- COMMITTEE OF THE WHOLE Cormnittee Room ~1, May 27, 1974. Council met in Committee of the Whole on Monday, May 27th, 1974, following a regular meeting. All Members of Council were present with the exception of Aldermen Christensen and Hunt. Alderman Walker presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report to open Council on the motion of Alderman Mann, seconded by Alderman Schisler. READ AND ADOPTED, Mayor COUNCIL MEETING Committee Room #1, May 27, 1974. Council met in open session following a meeting of the Committee of the Whole on Monday, May 27, 1974. All Members of Council were present with the exception of Aldermen Christensen and Hunt. His Worship Mayor George Bukator presided as Chairman. The followin~ action was taken: Report No. 277 - City Manager - Re: W-5-2 and W-5-3 Watercourses and Retention Pond. Referring to an earlier recommendation that the City acquire a parcel of land along Shriner's Creek, namely, the McLeod and Wyllie property, for the purpose of constructing a retention pond; suggesting that if the expropriation procedure is followed, the land could, in the final analysis, cost the City more than the present asking price; suggesting two alternatives: 1. Agreeing on a price acceptable to both parties at this time thereby firmly establishing the price but making the condition of sale subject to Ontario Municipal Board and other necessary approvals. 2, Preparing the required by-law for approval of the Ontario Municipal Board for the total expenditure of $375,000. and then proceeding with expropriation after approval has been received. ORDERED on the motion of AldermanWallace, seconded by Alderman Harrigan that the report of the City Marmger be received and (a) City Staff be authorized to negotiate for the purchase of the McLeod and Wyllie property located along Shriner's Creek up to an amount of $160,000, subject to the approval of the Ontario Municipal Board, the Ministry of the Environment and other approvals required; (b) Council approve the preparation of a by-law to authorize the acquisition of land and construction of a retention pond at Shriner's Creek; (c) that the Niagara Peninsula Conservation Authority be petitioned by Council to participate in the proposal as a Conservation project. The motion Carried with the following vote: ATE: Aldermen Fera,Mann,Harrigan,Keighan,Schisler,Thomson,Walker,Wa llace. NAYE: Aldermen Puttick and Smeaton. The meeting adjourned. READ AND ADOPTED, Mayor NINETEENTH MEETING SPECIAL MEETING Committee Rooms 2 & 3 3une 3, 1974. Following adjournment of a Council Committee meeting held Monday, June 3, 1974, Council reconvened in formal Council session on the motion of Alderman Thomson, seconded by Alderman Christensen. All members of Council were present with the exception of His Worship Mayor George Bukator, Alderman Rarrigan and Alderman Hunt. Alderman Smeaton presided as Acting Mayor. COMMUNICATIONS No. 64 - MINISTRY OF THE ENVIRONMENT - Re: Ministry of the Environment records concerning active subdivision commitments and the evaluation of servicing for future commitments. A summary of draft plans of subdivision circulated by the Ministry of Housing which have received favourable comments by the Ministry of the Environment and are still active. The conm~unication refers to the earlier opinion of Ministry staff that the existing capacity of the Niagara Falls Pollution Control Plant was fully committed and that some subdivision control would have to be imposed pending construction of a proposed expansion to the works; advising that a revised total commitment, based on information provided by the City, indicates a reserve commitment in Niagara Falls of approximately ~ 1000 single family unit equivalents available for subdivision development.in the immediate future. This should permit interim development to take place until such time as the expansion program for the sewage treatment plans has progressed further. The City Engineer elaborated on the information contained in the communication and stressed the need to expand the pollution control plsnt as soon as possible. He advised that the Regional 1974 Capital Budget provides funds for engineering work for the plant expansion and suggested the City should petition the Region to proceed with the hiring of a consulting firm to do the' design. The Ministry of the Environment has indicated that when monies have been approved and tenders called for construction, approval will be granted for future subdivisions. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the communication be received and filed and resolutions suggested by the City Engineer in respect to expansion of the Niagara Falls Pollution Control Plant be approved. Resolution No. 78 - THOMSON - MANN - RESOLVED that WNEREA~ severe restrictions are imminent on the capacity of the Pollution Control Plant in the City of Niagara Falls; and WHEREAS we understand that the Regional Staff are now considering suitable Consulting Engineering firms to prepare the design of the necessary plant expansion; and WHERE}S monies have been allocated in the Regton's 1974 Capital Budget for · 'engineering design; NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls petition the Regional Municipality of Niagara to hire a Consulting Engineering firm immediately to prepare the necessary construction plans for the expansion of the Pollution Control Plant located in the City of NiagaraFalls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously Resolution No, 79 - THOMSON - MANN - RESOLVED that WHEREAS severe restrictions are imminent on the capacity of the Pollution Control Plantin the City of Niagara Falls; and WHEREAS the Region apparently realizes the need for the plant expansion as evidenced by the allocation of funds in the 1975 and 1976 years of the Capital Budget; and WHEREAS we realize'that the 1974 Council cannot con=nit future Councils to Capital spendinS anticipated in future years; - 2- Resolution No. 79 (Cont'd) NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls petition the 1974 Council of the Regional Municipality of Niagara to make a strong recommendation to the 1975 Regional Council to place a high priority on the expansion of the Niagara Falls pollution Control Plant and that the start of construction for the plant expansion be started as quickly as possible in 1975; AND the Seal of the Corporation be hereto affixed. Communication #65 - Ministry of the Environment - progress Reports on investi- gations of noise from G & A Holdings (Kimberly-Clark) Victoria Ave. and Gerber Products, Stanley Ave. No~e: Alderman Smeaton declared a conflict of interest and did not participate in the discussion. The report in respect to G & A Holdings indicates that the company is working with a noise consultant, a boiler manufacturer and two silencer suppliers. The Ministry is expecting a submission from G & A Holdings regarding a proposed solution. In respect to Gerber Froducts, the current status of the investiga- tions is that a Ministry senior engineer is (a) verifying the noise levels, which he has now shown to be excessive at low frequencies at night. Note: The Deputy City Clerk advised that he had received a phone call from the Ministry advising that this statement in the report was erroneous and it was intended to indicate that the tests had been taken during the day and, in the Ministry's opinion, if the same level of noise existed at night it would be considered excessive. (b) establishing what noise source is causing the problem, since there are many possible sources in the building. (c) establishing what boiler noise is the problem. Possible noise paths are through the top of the stack, through vibration of the stack and through vibra- tion of the containing building including the roof. The report advises that investigations are continuing. During the Council Committee session, Mrs. Terriaca confirmed that the noise problem still exists, She also reported that she had recorded boiler noises and banging at 2:00 a.m., 1:30 a.m. and 11:00 p.m. during the past week. Mr. J. Montgomery, representing the Business and Industrial Growth Cou~nittee, reported on the noise level readings taken by the Ministry of the Environment, the hours the boilers were operated and the action already taken by Gerber's to clear up noise and pollution problems. He suggested it is difficult for the company to take further steps until the Ministry has completed its study and taken new readings, He also pointed out that the government has not yet passed legislation regarding the maximumnoise decibels that will be permitted. The City Solicitor said that, in his view, this noise problem comes under The Environmental Protection Act which provides an opportunity for individuals to lay charges. prosecution is possible under that particular Act, he said, but not under the City's by-law. Following considerable discussion, it was moved by Alderman Thomson, seconded by Alderman c~Mann, ~ that the con:nunication and progress reports from the Ministry of the Environment be received and filed. The motion Carried with Alderman Puttick voting contrary and all others in fayour. Alderman~n abstained. REPORTS No. 278 - Planning Department - Report of the Sub-Committee on Bikeways,Walkways and Parks. The report recommends: (a) that the report, plans and proposal be adopted by Council as a policy development guideline; (b) that a public presenta- tion and educational program be developed and made available to all citizens of the City; (c) that the Stamford/Haulage Road section, the paved portion in the Dru~nond Section and connecting links of Phase One be established this year at a cost not to exceed $7,500.00; (d) the Council of the City of Niagara Fells enter into a lease agreement for the Hydro right-of-way properties that comprise Phase One and (e) a use study be developed and implemented after the routes are established to determine citizen participation and needs for future expansion. - 3 - Report No. 278 (Cont'd) A slide/tape presentation suggested benefits of a bikeway system to be developed in four phases through linear parks and along road allowances; costs of Phase One trial routes; signing and information regarding agreements for use of Niagara Parks properties and Ontario Hydro right-of-ways. Alderman Keighan questioned the City's responsibility for mainteinence of the Ontario Hydro right-of-ways and suggested Council should be made aware of what the costs will be. The Senior Planner, T. Smith, suggested the basic cost for maintenance could be absorbed within the existing maintenance structure this year and actual costs could be determined thereafter. The City Solicitor stated that if the leases were signed the City, regardless of whether the lands are used or not in the first year, would be responsible for the maintenance of the lands described in the schedule attached to a proposed by-law authorizing an agreement with Ontario Hydro. In reply to questions by Alderman Christensen regarding the availability of provincial or federal grants, the Recreation Director, R. Sones, stated that the matter is presently under study. At the present time, the amount of money to be made available and information regarding allocations is not known. Alderman Thomson enquired if public meetings were being considered and the Recreation Director said that if the presentation is approved by Council a public presentation and educational program will be developed and made available to all citizens. Student input is desirable as well as that of the Safety Council. Alderman Thomson drew attention to the concern of residents of Dellpark Subdi- ~ vision which abuts the former Hydro haulage road and will be utilized in Phase One of the bikeway system. FIr. T. Morgan, who resides on Dellpark Drive, raised several questions and additional information was provided by staff: A. Will there be fencing at Dellpark Drive which abets the haulage road? A. It is not intended to undertake major fencing; the costs of Phase One include fences and gates across the haulage road at St. Paul Ave. and at Mountain Road to allow access for police or emergency vehicles. Fencing in the Dellpark area could be considered in the future. q. Is there to be a second subdivis ion behind the hydro road? A. The maps indicate a neighbourhood plan developed by the Planning Department suggesting the manner in which the departmant would prefer the area to be developed. At the present time there is no proposed plan of subdivision for the area south of Mountain Road. Q. Will the bikeway system be established in 19747 A. It is proposed to have trial routes established in the Stamford/Haulage Road section, the paved portion of the Drummond Section and connecting links with a "user study" and, if successful, proceed with development of the rest of Phase One the following year. Should there be problems with the bikeway system, the linear parks could still be developed as walkways and provide direct access to the Niagara Escarpment, Bruce Trail and Firemen's Park. It was then moved by Alderman Thomson, seconded by Alderman Mann that the report of the Planning Department be received and the five recou~nendations ~conta~ned in the report be approved and members of staff be requested to provide additional information regarding recommendation (d) and the City's responsibility for maintenance of Ontario Hydro right-of-ways. The motion Carried with the following vote: AYE.: Aldermen Mann, Keighan, Smeaton, Schisler, Walker, Thomson, Wallace. NAYE:Aldermen Christensen and Puttick. Report No. 279 - City Manager - Re: McLeod Road Fire Hall. Recommending that Council authorize the preparation of the necessary by-laws to permit the borrowing by issuing debentures for $255,000. being the estimated cost of the project including land, fees, parking lot, landscaping, services, etc. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted. Report No. 280 - City Manager - Re: Course on the 1970 Edition of the National Building Code; reckending that two members of the Building Department be authorized to attend the course st Scarborough Colleges June 17 - 21, 1974. ORDERED on the.mot/on of Aldennazl Thomon, seconded by AIderman Mann, that the report be received and adopted. -4- Reports (Cont'd) No. 281 - Planning and Development Committee - Re: Draft Zoning By-law. Advising that the Planning and Development Committee approved a motion that the Consultant, planning Administrator and Building Inspector complete the necessary modifieiations to the Draft Zoning By-law as agreed upon to date and include the changes to the schedules as indicated; further, that the Draft Zoning By-law be revised to incorporate all amendments and modifications in one document to be made available to Council on June 28, 1974, and the consoli- dated by-law be formally presented to Council in its final form by the Planning and Development Committee at the regular meeting of Council to be held July 8, 1974. ORDERED on the motion of AldermanThomson, seconded by Alderman Mann that the report be received and filed. RESOLUTION No. 80 - THOMSON - SCHISLER - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Van Belle, Sr., father of Peter Van Bell, Planning Administrator; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS No. 74-106 - A By-law to authorize an agreement with William G. Overs for architectural services for a sub fire station. Note:The By-law was deleted from the agenda. (See By-law No.74-74,April 29,1974) No. 74-107 - A By-law to authorize a Licence Agreement with Ontario Hydro. Not__e: The By-law was deleted from the agenda. (See Page 3, Line 46) NEW BUSINESS APPLICATION FOR HAWKER & PEDLAR LICENCE Mr.Brian Perlman was granted permission to address Council on the motion of AldermanChristensen, seconded by Alderman Puttick. Mr. Perlman, a university student from Montreal, said he has a lob in the City for the summer months but is applying for the licehoe so he will be able to sell balloons and punchballs on Clifton Hill and in the Falls Ave. area to make money and gain sales experience. He suggested the sale of balloons imprinted with the name "Niagara Falls"would be wonderful promotion for the City. Mr. Perlman said he was aware of the fact that, in the past, Council has denied hawker and pedlar licenoes but it was not his intention to interfere with pedestrians or solicit business illegally. ORDERED on the motion of Alderman Keighan, seconded by Alderman Walker that the application for a Hawker and Pedlar Litenos be denied. BUS SERVICE TO CHIPPAWA Alderman Christensen said that students living in the Chippaws area and working in Niagara Falls during the s,rmmer months have no means of getting home when they finish work late at night. He suggested that the City .provide bus service to the former Village of Chippaws each evening at 11:00 p.m. and 12 midnight. It was moved by Alderman Christensen,-secondedby Ald~rmau Thomson that the suggestion be referred to the Transit Commission with a request that a report on the matter be prepared for submission to Council at the next ~meetfng. The motion ~nr~ied unanimously. SMR SCHEDULE FOR COUNCIL MEETINGS ORDERED on the motion of Alderman Mann, seconded by Alderman Th~nison that Council meetings be held every other week during the summer months starting June 10, 1974. Carried Unanimously. - 5 - New Business (Cont'd) PARKING OF TRUCKS ON RESIDENTIAL STREETS Alderman Wallace reported receiving a complaint about a large tractor trailor parking on Armoury St. for long periods of time and noted that similar complaints had been received in the past. The Alderman suggested that such parking should be prohibited for several reasons: traffic problems are created on narrow streets; large trucks block the view of private residences and the running of diesel engines causes pollution and noise problems. It wss noted that an existing City by-law prohibits overnight parking on residential streets. ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson that staff be authorized to prepare a report and proposed draft by-law to prohibit the parking of large trucks on residential streets during the daytime as well as overnight. INDUSTRIAL TRIP TO GERMANY Alderman Puttick questioned why Council must wait until June 16th to obtain a report on the most recent industry-seeking trip to Germany. The City Engineer said he was not aware of the reasons but would follow up the status of the report. DISTURBANCES ON CITY STREETS Alderman Puttick expressed his concern about recent disturbances in the City involving young people and the police. He commented on recent incidents on Queen St., the Main and Ferry St. area and on Clifton Mill and suggested it was time the City enforced whatever by-laws exist and give the police department full support in carrying out their duties in controlling such disturbances. The Alderman said he believed there was a minority group in the City who had no respect for authority or other peoples' rights nor did they care where their money comes from. In cases where rocks are being thrown, he said, police in numbers, properly protected and equipped with billies should move in to control the situation. Alderman Thomson referred to a previous meeting when the disturbance on Queen St. was discussed at which time Council had agreed to a meeting of the Mayor, the City Manager, the Police Chief and representatives of the Downtown Business Association to fully discuss the situation. He requested that arrange- ments for the meeting be made as soon as possible and representatives of the Queen St., Main and Ferry and Clifton Mill business areas be invited to attend. MEETING WITH TRANSIT COF~4ISSION The Deputy City Clerk advised that the Transit Contmission has requested a meeting with Council at 6:45 p.m. on June 17th. The request was approved on the motion of Alderman Schisler~ seconded by Alderman Wallace. ~ot~: Due to the decision of Council to meet every second Monday during June, July and August, the meeting will he re-scheduled. OFFICIAL OPENING OF NEW LIBRARY Information was received from the Niagara Falls Library Board that arrangements are being nmde for the official opening of the new library on August 24th. The date was approved on the motion of Alderman Thomson, seconded by Alderman Christensen. OAKES DRIVE RECONSTRUCTION In reply to questions by Alderman Christensen, the City Engineer advised that construction work on Oakes Drive is proceeding on schedule and it is expected the roadway will be re-opened to traffic for the July 1st weekend. The meeting adjourned at by Alderman Puttick. READ AND ADOPTED, 10:45 p.m. on the motion of Alderman Christensen, seconded TWENTIETH MEETING Council Chambers, June 10, 1974. REGULAR MEETING Council met on Monday, June 10, 1974, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor George Bukator presided as Chairman. Alderman Wallace offered the Opening Prayer. All Members of Council were present, Alderman Christensen arriving while the meeting was in progress. ADOPTION OF MINUTES The minutes of the May 27, 1974 and June 3, 1974 meetings were approved as printed on the motion of Alderman Thomson, seconded by Alderman Smeaton. DEPUTATIONS REZONING APPLICATION - T. MRSICH Mr. Nelson McKay was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Walker. Mr. McKay referred to earlier discussions regarding the rezoning applica- tion of T. Mrsich for the construction of a motor inn and coffee shop on property adjacent to that of his client, J. Simon. For clarification purposes, Mr. McKay stated that as early as April 1971, Mr. Simon had indicated he was unalterably opposed to the situation. Be also noted that at the April 29th meeting a suggested reasonable compromise with respect to the sideyard on the north side of the Mrsich property was not acceptable to the applicant. Mr. T. Mrsich was granted permission to address Council on the motion of AldermanThomson, seconded by Alderman Fera. Mr. Mrsich said he did not intend to comment further on the rezoning application but wanted to clarify certain misunderstandings in respect to the role played by his solicitor, Mr. D. MarineIll. Mr. Mrsich stated that at no time had Mr, MarineIll advised him to withhold information or attempt to deceive Council in any way. He also said that suggestions that Mr. Marineill had been discharged were incorrect. ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson that By-laws Nos. 74-108 and 74-109 be brought forward for consideration at this time. By-Law No. 74-108 - A By-law to authorize the .execution of a site plan agreement with Anthony Mraich and Tend Kate Mrsich. ORDERED on the motion of Aldermen Wallace, seconded by AldermanThomson that leave be granted to introduce the By-law and the By-law be nnw read a first time. The motlon Carried with the following vote: ~YE: Aldermen Hunt, Fern, Keighan, Puttick, 8meaton, Schisler, Walker, Thomson, Wallace. NAYE:Aldermen Mann and Harrigan. ORDERED on the motion of Alderman Fern, seconded by Alderman Smeaton that the By-law be now read a second and third time. The motion Carried with the following vote: AYE: Aldermen Fern, Keighan,Puttick,Smeaton,Walker,ThomsonsWallace. NAYE: Aldermen Hunt, Mann, Harrigan and Schisler. By-law No. 74-109 - A By-law to amend By-law No. 5335, 1955, as amemded. ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that leave be granted to introduce the By-law and the By-law be no~ read a first time. The motion Carried with the following vote: AYE: Aldermen Hunt,Fera,Ketghan,Putttck,Smeaton,Wnlker,Thomson,Wallace. NAYE:Alderman Marrigan, Mann and Schisler. ORDERED on the motion of Aldermen Fern, seconded by Alderman Smeaton that the By-law he now read a second and third time. The motion carried with the followinS vote: AYE: Aldermen Fete ,Keighan,Puttick, Smeatou,Walker,rhomson,Wallace, MAYA:Aldermen Hunt,Mann,Harrigan and 8chisler. - 2- Comm. No. 66 - Mrs.A.Lococo - Covmnents re: By-law allowing a buffer zone of six feet between a residential property and a motel to be built on adjoining property on Stanley Avenue; suggesting that passage of the by-law will disregard the rights of homeowners and establish a precedent with respect to motel development adjacent to residential property. ORDERED on the motion of Alderman Fare, seconded by Alderman Thomson, that the communication be received and filed. The City Clerk said that Mrs. Lococo will be made aware of the procedure followed in processing rezoning by-laws and there will be opportunity to object when the by-law is circulated. UNFINISHED BUSINESS BIKEWAYS, WALKWAYS AND LINEAR PARKS Report #278 - Sub-Committee on Bikeways, Walkways and Parks. Recommending (a) that the report, plans and proposal be adopted by Council as a policy development guideline; (b) that a public presentation and educational program be developed and made available to all citizens of the City; (c) that the Stamford/Haulage Road section, the paved portion of the Drummond section and connecting links of Phase One be established this year at a cost not to exceed $7,500.00; (d) the Council of the City of Niagara Falls enter into a lease agreement for the hydro right-of-way properties that comprise Phase One and (e) a use study be developed and implemented after the routes are established to determine citizen participation and needs for future expansion. Report #282 - Acting City Manager - Re: Linear Parks and a Bikeway System, Ontario Hydro Licence Agreement and Maintenance Costs. Referring to questions regarding the cost of maintaining Ontario Hydro right-of-ways; noting that staff suggested the basic cost of maintenance could be absorbed within the existing maintenance structure this year which amount will not exceed $7,500. and advising that specific costs will be established for future consideration; recommending that staff be authorized to post signs on all Linear Park lands indicating that no motorized vehicles are allowed. During discussion of the matter, several questions were raised by members of Council and additional information was provided by staff. In respect to Alderman Keighan~s concern regarding the cost of maintaining the Ontario Hydro right-of-ways, the City Solicitor advised that the proposed authorizing agreement refers only to three such right-of-ways indicated on tabled maps, the maintenance of which will be the responsibility of the City. At a later stage, if the bikeway system is expanded, another by-law will be prepared for the consideration of Council. The Deputy Planning Administrator pointed out that the lease is for a one year experimental period and the plan will not be extended to other areas if Phase One is not successful. Aideman Puttick questioned the cost of the project and the City Engineer confirmed that the cost of implementing Phase One is estimated to be $7,~00 and maintenance costs will be approximately $7,500. An amount of $20,000. for the acquisition of the haulage road has been included in the 1974 Budget. Alderman Puttick suggested that bicycling is a form of recreation and suggested that users of the bicycle route may be willing to assist in clean-up operations on a voluntary basis. It was then moved by Alderman Wallace, seconded by Alderman Hunt, that the report of the Sub-C~muittee on Bikeways, Walkways and Parks and the report of the Acting City Manager be received and adopted. The motion Carried with the following vote: AYE: Aldermen Fera, Mann, Smeaton, Schisler, Walker, Thomson, Wallace. NAYE:Aldermen Hunt, Harrigan, Keighen and Puttick. ~ee By-law No. 74-107 C01~4UNICATIONS No, 67 - John Tries Construction Ltd. - Re: New Niagara Falls Public Library. Requesting regular police protection between the hours o£ 5:00 p.m. and 10:00 p,m, to eliminate vandalism st the site. NO, 68 - Niagara Regional Police - Report regarding investigation of incidents .at the new library site; advising that the contractor has been assured of continued police cooperation in patrolling the area. ORDERED on the motion of Aldermall Schisler, seconded by Alderman Runt that the comunications be received and f~led, No, 69 0 Mr, David Wright - Co~uents re: Helicopter Operations. Requesting the City to enact legislation to eliminate the noise created by low-flying helicopters, The City Clerk advised that information has been received that an Inspector from the Regional Office of the Department of Transport will be in the City to observe the helicopter operations and the City will be advised of the outtoes of the inspection. - 3 - Comm.#69 (Coni'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman M~nn that the communication be received and filed. NOTE: Alderman Christensen arrived at the meeting at approximately 8:15 p.m. No. 70 - Miss Dominion of Canada Pageant - Re: Annual luncheon and reception for contestants, June 27, 1974. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the communication be received and the request for the City to host the annual luncheon be approved as in past years. No. 71 - Canada Manpower Centre - Request to erect a banner on Queen St. to encourage the hiring of students. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the connnunication be received and the banner be approved for the month of July 1974. The motion Carried with Aid.Wallace voting contrary and all others in fsvour. No. 72 - Regional Municipality of Niagara - Re: Recommended Alterations to Drummond Road, Portage Road and Morrison Street. Requesting any further comment by the City and advising that the report of the Public Works Committee will be considered at 11:00 a.m., Thursday, June 13th; inviting representatives of the City to attend. ' Alderman Thomson stated that persons whose property may be affected by the proposed alterations have apparently not been notified of the meeting. The City Clerk indicated the Region would be contacted to ascertain if all interested parties had been notified. Alderman Wallace enquired if it was the intention of the Region to construct a new bridge on Portage Road over the Carmdian National Railway tracks or is it proposed to repair the existing structure. The Alderman expressed the opinion that the bridge requires widening as well as grade improvements. The City Engineer indicated that the proposed alterations to Drummond Road, Morrison Street and Portage Road are basically the same as recommended by the City with the exception of the Portage Road bridge over the C.N.R. tracks. Prior to Portage Road becoming a Regional roadway, City Council had approved a new bridge designed to collector standards by Proctor and Redfern. Mr. Rodman said he believes it is the intention of the Region to widen the bridge. The comments of the City have 'been forwarded to the Region and were considered together with briefs from individuals. It Was then moved by Alderman Puttick, seconded by Alderman Smeaton that-the connunication be received and filed and as many men~ers of Council as possible attend the meeting; further, that all persons previously indicating an interest in the Drummond Road/Portage Road/Morrison Street network be notified of the forthcoming meeting. The motion Carried with Alderman Thomson voting contrary and all others in favour. No. 73 - Mr. &Mrs. Arthur Fast - Re: AM-4/74~ M. & V. Aiello, proposed Retail Store and 4-Unit Dwelling, south-west corner of Montrose Road and Mulhern St. Objecting to the commercial aspect of the proposed rezoning. ORDERED on the motion of Alderman W/der,seconded by Alderman Fera..that c~unication 'beretaired .and ~tled, ORDERED on the motion of Alderman Fete, seconded by Aldermen Thomson that By-law Nos. 74-114 and 74-115 be brought forward for consideration at this time. By-law No.74-114 - A By-law to authorize the execution of a site plan agreement with Ratio Aiello and Vincenzina Aiello. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that leave be granted to introduce the By-law end the By-taw be given a first reading. The motion Carried with the following votel AYE: Aldermen Christensen, Fare, Puttick, Smeaton, Schisler, Walker, Thomsons Wallace. ,NAYE:Alderman Hunt, Mann, Barrigan and Keighan. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the By-law be now given a secondand third reading, The motion Carried with the following vote: AYE: Aldernmn Christcn~en,Fera,Puttick~Smeaton,Schisler,Walker,Thomson,Wallace. NAYg:Aldermen Hunt,Hsrrigan,Keighan and Mann. -4- By-Law No.74-115 - 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. ORDERED on the motion of AIderman Schisler, seconded by Aldermen Christensen that leave be granted to introduce the By-law and the By-law be given a first reading. The motion Carried with the following vote: 'AYE: Aldermen Christensen,Fera,puttick,Smeaton,Schisler,Walker,Thomson,Wallace. NA"~:Aldernmn Hunt,Mann,Harrigan and Keighan. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the By-law be now given a second and third reading. The motion Carried with the following vote: AYE: Aldermen Chrlstensen,Fera,puttick,Smeaton,Schisler,Walker,Thomson,Wallace. NAYE:Aldermen Hunt, Mann, Harrigan and Keighan. REPORTS No. 283 -Planning and Development Conmmlttee - Re: AM-2/74, Royal Canadian Legion, Branch 590,northeast corner Stanley Avenue and Hamilton Street. Approval of the spplLcatton will permit parking on property north of and adjacent to the building. The report recommends approval of the application subject to a Site Plan Agreement and a Site Plan showing 21 parking spaces; also, that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Ares. Comm. No.74 - Mrs.M.Hoyland - Re: AM-2/74,Royal Canadian Legion,Branch 590. Objecting to the passing of the proposed by-law and suggesting the location is unsuitable for either a Legion or a parking lot. Mr. R. Judge, Jr., was granted permission to address Council on the motion of Alderman Christensen, seconded by Alderman Thomson. Mr. Judge speaking on behalf of his parents, who reside on Hamilton Street directly adjacent to the Legion, suggested that the present use of the property for the parking of vehicles and the application to.expand that use by removal of an existing dwelling is illegal. He pointed out that the property is presently zoned Residential 4 which does not permit either the Legion or the parking lot and is considered a non-conforming use. Property north of the Legion hall was constructed as a parking lot without the permission of the City, he said, and the applicants now seek retreattire approval. It was indicated at a meeting of the Planning and Development Committee that the entire site is too small, parking is below minimum parking requirements although it may be possible to park approximately 21 cars. Mr. Judge said his calculations indicated it would be difficult to park 19 cars, whereas the zoning by-law requires 24 spaces. Although the applicants have preFioualy indicated there is a possibility that the building will be expanded in ten years, Mr. Judge said he has viewed preliminary construction plans, the organization planned a $120,000 building program and had applied for a government grant. He suggested if the rezoning is allowed it will open the door for the purposes of the new building. The existing inconveniences, he said, are a detriment to the neighhourhood and cited excessive noise at all hours of the day and night, empty beer bottles and other litter, blocking of driveways, damage to adjacent property, lack of privacy and the fact that the operation is similar to that of a hotel rather than a social or veterans' club. Approval of the application, he said, will be precedent-setting in regard to retreattire approvals and requested that the application be denied by Council. Mr. Gregory Michowicz, Vice President of the Legion Branch, was granted permission to address Council on the motion of Alderman Keighan,seconded by Alderman Fern. Mr. Michowicz stated that the Legion had acquired' the property about nine years ago, made improvements and demolished a rat-infested building. The organization has also purchased another parcel of land and intend to remove an existing dwelling to provide additional parking. He said the reported drunken- . hess has not been substantiated, the Legion maintains the p~operty re,he best o[ their ability and intend to make further improvements. . Mr.R.JudSe,Sro, also spoke Co Council and advised that the objections of residents of the area had been consolidated in one letter and presented at a matinS of the Planning and Development Committee. He indicated that the Legion had attempted to acquire his home as well as that of his neighbout and suggested the government grant had been lost because the additional properties could not be purchased. The City Solicitor advised that the proposed by-law would not fezone the property to commercial; the existing residential sontag would remain and - 5 - Report No. 283 (Cent'd) would permit the Legion operation as well as permission to use the existing building or erect a new building. It was then moved by Alderman Keighan, seconded by Alderman Puttick that the report of the Planning and Development Committee and the communication from Mrs.M.Hoyland be received and referred to staff for further clarification. The motion was Defeated with the following vote: AYE: Aldermen Keighan, Puttick and Fern. NAYE:Aldermen Christensen,Hunt,Mann,Harrigan,Smeaton,Schisler,Walker,Thomson, Wallace. that the report of the Planning and Development Conanittee and the cormnunication from Mrs. M. Hoyland be received and filed and the application of Royal Canadian Legion, Branch 590, for a rezoning to permit the operation of a parking lot on property located at the north-east corner of Stanley Ave. and Hamilton Street, be denied. The motion Carried with the following vote: AYE: Aldermen Christensen,Hunt,Mann,Harrigan,Smeaton,Walker,Thomson,Wallace. NAYE:Aldermen Fera, Puttick, Keighan and Schisler. No. 284 - Acting City Manager - Re: Nia-Wel Holdings Limited and Zoron Construction Niagara Limited and Lot 48, Falls Industrial Park. Advising that sn agreement fgr the purchase of Lot 48 and an additional 30 acres lying to the inunediste west was never executed by the prospective purchaser; recon~nending the return of a $600. deposit. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary and all others in favour. No. 285 - Acting City Manager - Re: PR 12, 1974, An Act Respecting the City of Niagara Falls.Advising that the City's Private Bill received second and third readings on May 7th and Royal Assent on May 9th,1974; noting certain deletions in respect to pedestrian malls on Queen Street. ORDERED on the motion of Alderman Walker, seconded by Alderman Christensen that the report be received and filed. No. 286 - Acting City Manager - Re: Clarification of Interpretation of By-Law 2530, Side Yards, Corner Lots. Recommend ing approval Of an amending by-lawto clarify the by-law in respect to the setback from abutting side streets in accordance with the interpretation used since the year 1960. ORDERED on the motion of AldermanThomson, seconded by Alderman Hunt that the ~eport be received and adopted. See By-law No. 74-116 Note: The report of the Deputy City Clerk regarding an application for a "Hawker and Pedlar Licenee" was brought forward for consideration at this time. No. 287 - Deputy City Clerk - Re: Application of Mr.Michael Warhurst of Toronto for a "Hawker & Padlet" licenee for the purpose of selling roses mainly to tourists on City streets and in Queen victoria Park. Mr. Bob Ram, spokesman for the applicsnt, was granted permission to address Council on the motion of Alderman Christensen, seconded by Alderman Mann. Mr. Ram explained that Mr. Warburst is licensed to operate a similar business in the City of Toronto. The bulk of the bus iness, he said, is done in restaurants and motels with the permission of the owners. The applicant wishes to have a similar business in Niagara Falls with three or four girls dressed in peasant costumes working in the high dens ity tourist areas. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and filed and the applicatiop of M.Warhurst for a Hawker and Pedlar liceace be denied. No, 288 - Acting City Manager - Re:'Neighb~urhood Improvement Program. Con~aenting on the four sectors deemed suitable for possible N.I,P areas and which were considered by the City Manager, City Engineer,City Clerk, Planning Administrator, Building Inspector and the N.I.P. Co-Ordinator; advising that certain areas were eliminated due to the criteria 8at down by the C.M.H.C. and benefits to the municipality in general. Mr. R. Hutchton elaborated on the general overall condition of the areas outlined in the report and provided information re~.rding homes,buildings, streets, stdewalks,stoFm sewers, water systems and recreation facilities, He suggested that the Woodbine, Glenview, Chippawn North, Drummond South and DOwntOwn ~reas would be most suitable for further discussion and public meetings. - 6 - Report No. 288 (Coni'd) It was moved by Alderman Walker, seconded by Alderman Thomson that the Neighbourhood Improvement program Co-Ordinstor be authorized to conduct public meetings in five areas of the municipality to determine the accepta- bility of the proposed N.I.P. plan and a subsequent report regarding his findings be submitted to Council for further consideration. The motion Carried unanimously. No. 289 - Acting City Manager - Submitting information from Niagara Transit outlining a proposed route and costs of operating bus trips to the Chippaws area at 11:00 p.m. and 12:00 midnight to accommodate students employed in the tourist industry. ORDERED on the motion of Alderman Christensen, seconded by Alderman Puttick that the report be received and Council approve the implementation of the late-night service to Chippaws as outlined in the communication from the Transit Commias ion commencing June 15,1974, on the understanding that the results of the service would be evaluated and reported to the City Council after one month's operation. No. 290 - Acting City Manager - Re: Purchase of Equipment, 1974. Recommending the calling of separate tenders on one automotive group and one heavy equip- ment group. ORDERED on the motion of Alderman Schialer, seconded by Alderman Hunt that the report be received and adopted. No. 291 - Acting City Manager - Re: Base Road Construction,Contract No.R.C. 15-74. Recommending acceptance of the unit prices submitted by Steed and Evans Limited for the construction of Base roads in the Casey Subdivision. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and ~dopted. See Resolution NO.81 No. 292 - Acting City Manager - Re: Base Road Construction,Contract R.C.16-74. Recon=nending acceptance of the unit prices submitted by Hard Rock Paving Co. Ltd. for the construction of base roads in the Ascot Woods Subdivision. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and adopted. See Resolution No.82 No. 293 - Acting City Manager - Re: Front Street Pumping Station. Recommending that the quotation received from F.Caligiurt for certain modifications to the sewer system at the Front Street Pumping Station in the amount of $1,255. be accepted. ORDERED on the motion of Alderman Thomson, seconded by Alderumn Smeaton that the report be received and adopted. See Resolution No.83 No. 294 - Acting City Manager - Re: Wiltshire Boulevard Sewermain Repairs. Recommending that Cliffside Pipelayers Limited be engaged to install a 10" polyethylene liner in the Wiltshire sewer for the total firm price of $80,000, and the City enter into the standard agreement with the firm for the work, subject to receiving all necessary approvals, ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. See Resolution No.84 No. 295 - Acting City Manager - Re: Sewer and Watermain Design Course. Reconmnending the attendance of K. Askew, Project Supervisor and Draftsman Frank Higgins at the five day sewer and watermain design course-to be held in Etobicoke in October,1974. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that the report be received and adopted. No. 296 - Deputy City Clerk - Advisory Report. The report includes information regarding a meeting with the Land Division Committee on July 8th and the various facets of the Niagara Transit system; invitations to participate in a tour conducted by the Niagara Peninsula Conservation Authority; attend the official opening of the Lions Memorial Hall; attend Church services with Senior Citizenss on June 16th. at 2:30 p.m. and participate in the Greater Niagara $a~ety Counoll{a Adult Bike Rodeo. The report recoummnds approval of the request o~ the Station No.6 Fire Fighters to erect a beer tent in conjunction - 7 - Report No 296 (Cont'd) with their anneal carnival; the request of the Greater Niagara Softball Assoc. to erect a beer tent at Ker Park during the Invitational Fastball Tournament and the request of the Main and Ferry Business Assoc. for approval of the closing off of Main Street for the purposes of the annual Strawberry Festival. ORDERED on the motion of Alderman Mann, seconded by Aldernmn Hunt that the report be received and adopted. No. 297 - Deputy City Clerk - Reconnnending approval of Municipal Licences. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that the report be received and adopted and licences granted. No. 298 - Acting City Manager - Reconwaending payment of Municipal Accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the report be received and adopted. B Y- LAW. S No.74-106 - A By-law to authorize construction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. (TWO READINGS ONLY) ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that leave be granted to introduce the By-law and the By-law be given a first and second reading. Carried Unanimously No. 74-107 - See Below. No. 74-108 - A By-law to authorize the execution of a site plan agrement with Anthony and Tins K. Mrsich. (See Page 1, Line 29) No, 74-109 - A By-law to amend By-law No. 5335, 1955, as amended. (See Page 1, Line 41) No. 74-110 - A By-law to authorize the execution of a site plan agreement with Royal Canadian Legion, Branch 590. (Note: The By-law was deleted from the agenda.See Page 4, Line 13) No. 74-111 - A By-law to amend By-law 5335, 1955, as amended. (Note: The By-law was deleted from the agenda. See Page 4,Linel3) No. 74-112 - See Below No. 74-113 - See Below No. 74-114 - A By-law to authorize the execution of s site plan agreement with M. and V. Aiello. (See Page 3, Line ~ No. 74-115 A By-law to amend By-law 2530,1960 of the former Twp. of Stamford. (See Page 3, Line 49) ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that leave be granted to introduce the following By-laws: No. 74-107 - A By-law to authorize a'licence agreement with the Ontario Hydro. No. 74-112 - A By-law to authorize the sale and vonveyance of the closed part of Fifth Avenue. No. 74-113 - A By-law to amend By-law 5335, 1955. No. 74-116 - A By-law to amend By-law 2530, 1960, of the former Twp.of Stamford. No. 74-t17 - A By-law to authorize a pipe cotssing agreement with Canadian National Railways. -8- By-laws (Coni'd) No. 74-118 - A By-law to authorize the execution of an agreement with Steed and Evans for road construction (Casey Subdivision) No. 74-119 - A By-law to authorize the execution of an agreement with Hard Rock Paving Co. for road construction (Ascot Waods Subdivision) No. 74-120 - To authorize the sale of land in the Falls Industrial Park. No. 74-121 - To provide monies for genera 1 purposes. AND THE SAME BE NOW READ A FIRST TIME. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the following By-laws he now read a second and third time: No. 74-107 - A By-law to authorize a licenee agreement with the Ontario Hydro. NOTE: Alderman Keighan wished to be recorded as voting contrary to the passing of By-law No. 74-107. No. 74-112 - A By-law to authorize the sale and conveyance of the close part of Fifth Avenue. No. 74-113 - A By-law to amend By-law 5335, 1955. No. 74-116 - A By-law to amend By-law 2530,1960 of the former Twp. of Stamford. No. 74-117 -. A By-law to authorize a pipe crossing agreement with Canadian .,. ..Natignal Railways .... No. 74-118 - A By-law to authorize the execution of an agreement with Steed and Evans for road construction. (Casey Subdivision) No. 74-119 - A By-law to authorize the execution of an agreement with Hard Rock Paving Co. for road construction (Ascot Woods 8ubdivis ion) No. 74-120 - A By-law to authorize the sale of land in the Falls Industrial Park. No. 74-121 - A.By-law to provide monies for general purposes. RESOLUTIONS ~ Carried No. 81 - THOMSON - SMEATON - RESOLVED that the unit prices submitted by Steed and Evans for the construction of base roads in the Casey Subdivision, Contract No.R.G.15-74, he accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 82 - THOMSON - SMEATON - RESOLVED that the unit prices submitted by Hard Rock Paving Co. Ltd. for the construction of base roads in the Ascot Woods Subdivision, Contract R.C.16-~4, be accepted; AND the Seal of the Corporation he hereto affixed. Carried Unanimously No. 83 - THOMSON - S~ATON - RESOLVED that the quotation received from F. Celiguiri for certain modifications to the sewer system at the Front 8treat Pumping Station in the amount of $1,255.00, be accepted; AND the Seal of the Corporation be hereto affixed Carried UnanimouSly No. 84 - MANN - TEONSON - RESOLVED that Cliffside FiRelayers Limited be engaged to install a 10" polyethylene liner in the Wiltshire sewer for the tots1 firm price of $80,000. end the City enter into the standard agreement with the firm for the work, subject to receiving all approvals; AND the Seal of the Corporation be hereto affixed. 9arried UnsnimouSly NEW BUSINESS COM~EMORATIVE X~DAL - ROYAL TRUST Alderman 8meaton, as Acting Mayor, had artended the official opening - 9- New Business (Coni'd) of the new branch of Royal Trust on Queen Street and, on behalf of the Chairman of the Board of Directors, presented to Mayor Bukator a silver medal commemora- ting the 75th Anniversary of Royal Trust. FINANCIAL REPORT 1973 Alderman Hunt expressed concern about the financial position of the Municipality and suggested the Financial Report for 1973 reflected conditions similar to that in the "30's" prior to a depression period. He said there are certain items that must be cut back by the Municipality. NIAGARA WIRE WEAVING CO. Alderman Hunt expressed hie concern about the loss of 200 jobs as a result of the announced closiog of the Niagara Wire Weaving plant and was critical of a federal government grant to increase operations at the firm's Quebec plant. Alderman Puttick said he knew of a truck driver who had been delivering equipment to the Three Rivers plant; the machinery was being set up and used to produce itenm which he believed could be produced in Niagara Falls. He also said the company had been promised another federal grant for next year. Alderman Smeaton, as Acting Mayor, had been contacted by Mr.E.J. Buell, Jr., prior to the announcement of the plant closure and had expressed regret that the situation in the manufacture of fourdrinier wires made it no longer economically sound to maintain operations in Niagara Falls. Mr. Buell had made it clear that the company will continue to hold the property and will do everything possible to keep the building occupied with a viable enterprise, whether it be industrial or commercial. Alderman Smeaton expressed confidence that the property will continue to be an asset to the City. Mayor Bukator said that Mr. Buell had contacted him in Winnipeg about the situation and the company's efforts to have another industry occupy the premises. He confirmed that twenty-five staff members will continue to work at the plant on Robinson Street. CANADIAN CORPS OF COMMISSIONAIRES Alderman Wallace objected to the contents of a Review article by Mr. Rugrigs about the hiring of Commissionaires for the purpose of collecting parking meter revenue and issuing tickets. The story quoted an amount of $53,237. was paid to the Conm~issionaires in 1973 while the City received $43,237 for parking violations indicating a loss of $10,000. The reporter had compared the situation with that of the Town of Fort Erie where Regional Police issue tickets and collect money which is considered profit. Alderman Wallace said that if Mr. RustiMp had contacted the City Treasurer and obtained the correct figures, he would have realized that the City spent $53,237 for Commissionaires, $56,342. for new parking facilities and improvements; $3,363. for additional supplies and meters and $6,305. for parking lot maintenance and still realized an excess in revenue over expenditures in the parking meter fund of $4,383. The Alderman said that based on these facts, it cannot be said that the Commissionaires were a loss or a deficit to the City. He suggested if the reporter wishes to complain about an organization such as the Canadian Corps of Commissionaires, he should have all the facts st his disposal and quote the facts to the general public so the complete financial picture is known. CANADIAN FEDERATION OF MAYORS AND MUNICIPALITIES Alderman Harrigan congratulated Mayor Bukator on his election to the Board of Directors of the Canadian Federation of Mayors and Municipalities and noted that it was unusual for a Mayor to be elected to the Board in his first term of office. Mayor Bukator suggested that his election to the office was due to the campaigning on his behalf by Alderman and Mrs. Harrigan. As a member of the Board, he said, he will be in close touch with such matters as rail relocation and he suggested the City should apply imediately for 8 separation at the Stanley and McLeod Road crossing. The meeting adjourned to Committee of the Whole on the motion of Alderman Schisler, ascended by Alderman Christensen. - 10 - READ AND ADOPTED, Clerk Mayor COMMITTEE OF THE WHOLE Connnittee Room ~1, June 10, 1974. Council met in Committee of the Whole following a regular meeting on Monday, June 10,1974. All Members of Council were present. Alderman Thomson presided as Chairman. Following consideration of the items presented, it was moved by Alderman Mann, seconded by Alderman Walker that the Committee of the Whole arise without reporting. The motion Carried unanimously. READ AND ADOPTED, Mayor COUNCIL MEETING Committee Room #1, June 10,1974. Council reconvened in formal session following a meeting of the Committee of the Whole on Monday, June 10,1974. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. The meeting ad3ourned. READ AND ADOPTED, Clerk 'Mayor TWENTY-FIRST MEETING Conmittee Room ~1, June 24, 1974. COMMITTEE OF THE WHOLE Council met in Conmaittee of the Whole on Monday, June 24, 1974, at 6:45 p.m. All Members of Council were present with the exception of Alderman Walker and Alderman Mann. His Worship Mayor George Bukator presided as Chairman. Following consideration of the items presented, it was moved by Alderman Thomson, seconded by Alderman SchisIer that the Committee of the Whole arise without reporting. READ AND ADOPTED, Mayor REGULAR MEETING Council Chambers, June 24, 1974. Council met on Monday, June 24, 1974, at 7:40 p.m. for the purpose of considering genera 1 business. All Members of Council were present with the exception of Alderman Walker and Alderman Mann. His Worship Mayor George Bukator presided as Chairman. Alderman Thomson offered the Opening Prayer. ADOPTION OF MINUTES The minutes of a regular meeting of Council held June 10, 1974, were adopted as printed on the motion of Alderman Christensen, seconded by Alderman Hunt. DEPUTATION Mr. R. Tiller had requested permission to address Council regarding property located east of Portage Road adjacent to the H.E.P.C. Canal, · 'ne City Clerk explained that in the past the City had attempted to acquire Ontario Hydro property located north of Morrison St. and east of Portage Road in order to create a public roadway, install sewers and improve a substandard road to service three dwellings. In 1967, the City made enquiries and one of the property owners had indicated he would not contribute toward the cost of install- ing services under a local improvement program. He suggested that negotiations with,:Ontario Nydro and the property owners could be re-opened. Mr. Tiller was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Hunt. Mr. Tiller said that he owns property on the roadway and has been living for five years in a dwelling on another lot owned by Hydro. Ontario Hydro has now sold him the building but he must move it onto his own lot by August 31st. An application for a building permit to build a foundation was denied because it is not s public roadway and the zoning by-law prohibits the issuance of the permit. Alderman Wallace enquired about the possibility of the municipality passing s by-law to make an exception to the zoning by-law, The City Solicitor indicated that Council could, notwithstanding the provisions of the zoning by-law, approve a by-law to permit the issuance of the building permit in this particular instance. However, he 'referred to a similar problem on Lyon's Creek Parkway, a private road, and the unsuccessful efforts of property owners to obtain building permits. He suggested ~hat passing of such a by-law would establish n precedent. It was then moved by AldermanThomson, seconded by Alderman Wallace - 2- that the matter be referred to staff for investigation and preparation of a report to be submitted at the next meeting of Council. It is understood the report will include information regarding the willingness of the affected property owners to participate in the cost of installing services on the basis of the Loca 1 Improvement Program as well as information regarding the Lyon's Creek Parkway situation. The motion ~arried unanimously. UNFINISHED BUSINESS EXPANSION OF POLLUTION CONTROL plANT Report ~48 - City Manager - Re: Land Required for Expansion of Pollution Control Plant. Recommending (1) that the ~ity agree to the sale of that acreage of land remaining after parking has been provided as indicated in proposal '~" and "B' attached to the report; (2) the Region be requested to indicate its preference of the parking arrangements and (3) an opinion of value or appraisal as deemed necessary, be obtained for the lands required by the Regional Municipality of Niagara. ! · Report No. 299 - City Manager - Re: Expansion of Pollution Control Plant., Advising that additional meetings with Regional staff bare been held and a parking arrangement has been agreed upon which would free most of the 5.127 acres for pollution control plant expansion purposes; advising that the Region's Public Works and Utilities C~mnittee directed that an offer of an amount equal to the cost incurred by the City at the time the property waspurchased from Ontario Hydro be made. The report suggests that the offer is not in accordance with a policy established for this type of land purchase as the City has paid the entire amount involved and no other municipality has participated; suggesting that Council reiterate the request tbat the Region~s policy for land acquisition be used in this instance, since the land is required for Regional purposes. ORDERED on the motion of Alderman Thomson, seconded by AldermanChristensen that the report be received and adopted. COMMUNICATIONS (No.74 - Group 2 Development Ltd. on behalf of eight major developers - Re: (Declaration of Policy for Development of Subdivisions - City of Niagara Falls. (No.75 - Housing & Urban Development Assoc.of Niagara - Comments re Prnposed (Subdivision Policy. (No.76 - Canadian Union of Public Employees - Comments regarding the proposed (Declaration of Policy and indicating the association's objections to the (suggesting that layout of underground services become the responsibility of the (contractor. (No.77 - Urban Development Institute of Ontario - Com~ittee report of the (Niagara Falls Subdivision Policy. The City Engineer said that at a previous meeting with representa- tives of the groups submitting briefs, the proposed policy was reviewed but no commitment made. He suggested that further dialogue is desirable and requested permission to meet with the various delegations. Alderman Puttick stated that rather than delay adoption of the policy pending further meetings with subdivision developers and others, the entire policy or, at least the increased charges, should become effective at once so the City would not lose revenue on subdivisons being approved in the interim. In regard to Alderman Thomson's query as to whether the policy could be made retroactive, the City Solicitor said there were a number of subdivision agree- ments being processed at the present time end suggested there. should be a considered comment by staff as to the effective date of the policy. Alderman Keighan was critical of the delay in presenting information and the proposed policy to Council and indicated there were severe1 items he did not agree with including the discretionary powers granted to the City Engineer. Nr. William Hunter, spokesman for the Canadian Union of Public Employees, Local 133, was granted permission to address Council on the motion of Alderman Smeaton, seconded by Alderman Christensen. Mr. Hunter expressed the objections of the Union to a proposed change in the policy which provides that the layout of underground services will become the responsibility of the contractor installing services in subdivisions. He suggested this work should continue to be done by City crews except when City en~loyees are not available due to the workload. It was moved by Alderman Wallace, seconded by Alderman 8meston that the submissions received from Local 133, U.U.P.E., the Housing and Urban Development Assoc., the Urban Development Institute and Group 2 Development Ltd. be received and staff be authozized to meet again with those groups submitting comments on the proposed Declaration of Policy for Subdivision Development and - 3- Subdivision Policy (cont'd} a comprehensive report and recommendation be presented to the City Council as quickly as possible. The motion Carried with the following vote: AYE: Aldermen Christensen,Fera,Smeaton,Wallace, Mayor Bukator,Ald.Schisler. NAYE: Aldermen Puttick, Keighan, Thomson,Harrigan,Hunt. No. 78 - Niagara Falls Public Library Board - Progress Report - New Library Construction. Mr. Hamilton, Chairman of the Board, advised that the Lieutenant- Governor, The Noncurable Pauline M. McGibbon, will be invited to officially open the new library and dedication of the cornerstone will take place at the same time during the month of October. Arrangements will be made for a tour of inspection by members of Council during the month of July. Mr. R.J.Pierce, Chairman of the Building Cormnittee, expressed appreciation of the cooperation received from City Staff, the library staff and'the Architect's office. Mr. Pierce noted that the work was being done by local craftsmen and the contracts for equipment had been awarded locally whenever possible. ORDERED on the motion of Alderman Keighan, seconded by Alderman Thomson that the communication be received and filed and the Library Board be thanked for the progress reports on construction of the new library. No. 79 - Mr. Robert M. Johnson - Letter of resignation as member of the Stamford' Memorial Arena and Community Centres Board. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the communication be received and filed and Mr. Johnson's resignation be accepted with regret. No. 80 - Mutual Aid Fire Services Assoc. - Resolution re: Annual Regional Fire Training School. ORDERED on the motion of Aldernmn Thomson, seconded by Alderman Hunt that the communication be received and the resolution urging the Office of the Fire Marshal to organize training schools on an annual basis be endorsed. No. 81 - American Legion Convention Corp.,Niagara Falls, N.Y. - Re: American Legion Convention, July 17-20,1974, Niagara Falls, N.Y. Request for advertise- ment in convention program. It was moved by Alderman Puttick, seconded by Alderman Harrigan that the communication be received and, notwithstanding the policy of Council with respect to the publication of such advertisements, the request for a contribu- tion of $100.00 for a full page ad in the convention program be approved. The motion Carried with the following vote: AYE: Aldermen Hunt,Marrigan,Puttick,Smeaton,Thomson,Wallace. NAYE: Aldermen Keighan, Fern, Schisler and Christensen. No. 82 - Ontario Retail Gasoline & Automotive Service Association - Re: Self- Serve Gasoline Facilities. Requesting that the Association's brief be considered by Council. Alderman Smeeton was not in agreement with certain statements conta ined in the brief and expressed the opinion that the municipality, in fact, has control of zoning and land use for gasoline outlet purposes. He did not agree that gas bars were an eyesore nor that they created unsafe conditions inasmuch as.accidents involving gas bars are almost non-existent. Problems within the industry, he said, are caused by the major companies themselves. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fern that the communication be received and referred to staff for a report. The motion Carried with Alderman Smeaton voting contrary a~d all others in fayour. No. 83 - Ministry of Housing,Community Renewal Branch - Re: Study Session - Municipal Housing Inspectors, August 19-24,1974. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the communication be received and the Building Inspector, the Renewal Co-0rdinator and one member of the Building Department be authorized to attend the study session. The motion CerFied with Alderman Keighan voting contrery and all others in layout. No. 84 - Department of Transport,Air Regulations Branch - Advising that an investigation of helicopter operations revealed that the Canadian operator, Niagara Helicopters, remained clear of the City at sll tImes while two Americen operators, particularly one operating from Goat Island, appeared to be the prime offenders; advising that the American Federal Aviation Administration will be contacting the American operators as soon as possible to correct the low-flying helicopter problem, -4- Comm.#84 (Coni'd) Alderman Smeaton noted thst the letter from the Department of Transport was dated June llth but the problem still exists. The Alderman reported that helicopters stationed on Goat Island continue to follow the same flight pattern and continue to bother residents of Robinson Street and Stanley Avenue and interferes with services at All Saints' Anglican Church. The City Clerk will contact the Department of Transport to determine what remedial action has been taken by the American Federal Aviation Administrstlon. ORDERED on the motion of Alderman Christensen, seconded by Alderman Smeaton that the communication be received and filed and copies sent to those persons who have registered objections to the operation o£ helicopters. REPORTS No. 300 - Mayor George Bukator - Report re: Second Annual Conference of the Canadian Associstion of Municipal Administrators and the 37th Annual Conference of the Canadian Federation of Mayors and Municipalities. The report comments on the program presented at the conferences and advises that the City Manager was elected president of C.A.M.A. for the 1974-75 term and reconmends that Council authorize his attendance at the meetings of the Executive Committee of the C.F.M.M. His Worship Mayor George Bukator was elected as one of the directors representing the Province of Ontario. ORDERED on the motion of Alderman Hunt, seconded by Alderman Puttick that the report be received and adopted. No. 301 - Planning and Development Committee - Re: AM-16/74, F.Pingue, Pt.Lot 1 and all of Lot 2, R.P. 94, east side Montrose Road between Edith and Graham Sis. Approval of the application will permit construction of a 16-unit apartment build- ing on a 1-acre site. The report recommends that the application be approved subject to a site plan agreement and that Council certify, by resolution, that the application conforms to Official Plan Amendment No.28. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received and adopted. See Resolution No.85 See By-law Nos..74-126 and 74-127 No. 302 - Planning and Development Committee - Re: AM-20/74,A. & C. Prest, Lot 941, Plan 2795, south side of Kitchener Street. The rezoning will permit construction of s single fsmily dwelling. Recommending that the application be approved and Council certify, by resolution, that the application conforms to Official Plan Amendment No. 28. ~ ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the report be received and adopted. See Resolution No.86 See By-law No.74-128 No. 303 - City Manager - Re: Dow Construction Ltd. Site, Pt.Lot 6, Plan 653, east side Dr,,,~ond Road, north of Barker Street. Reconmaending (1) that the applicant be advised that the City is not prepared to consider their latest application for rezoning at this time until the possibility of establishing an historical park on the site is fully explored; (2) that the Niagara Parks Connission (and/or other public bodies involved in historical preservation) be contacted to determine their interest in acquisition of the site for the purpose of an historical park. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that the report be received sad adopted. The motion Carried with Alderman Christensen voting contrary and all others in favour. No. 304 - Planning and Development Cowmittee - Re: Draft Zoning By-law. Advising thst the Committee passed s motion that the consolidsted by-law be formally presented to Council in its fins1 form on July 8, 1974; requesting Council to indicate if the suggested date is acceptable. ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson that the next regular meeting of Council be held on Tuesday, July 9th, 1974. · ORDERED on the motion of Alderman Keighan, seconded by Alderman Rarrigsnthst the report of the Planning and Development Cormnittee be received and Council approve presentation of the Draft Zoning By-law at the July 9th meeting. See Resolution No.87 - 5- Reports (Cont'd) No. 305 - City Manager - Re: Establishment of an Urban Area Boundary for the Regional Niagara Policy Plan. Advising that the Regional Planning and Development Conunittee passed a motion that, for discussion only, the Connnittee propose to the City of Niagara Falls that the City~s urban boundaries be limited to the east side of Kalar Road extended southward across the Welland River and the southern boundary of Niagara Falls be extended to Biggar Road and Weber Road; and, further, that the existing conunitments along Lundy's Lane be honoured and the existing site of Cyanamid of Canada Limited be shown as Industrial. The report recommends that the Regional Planning and Development Committee be requested to defer con- sideration of this matter until the latter part of July. Mayor Bukator said although he was not present at the Regional Council meeting when the motion was introduced he had made a subsequent statement that the Council of the City of Niagara Falls was unaware of the resolution presented by Councillor Graaskamp and had not endorsed its contents. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and the Regional Planning and Development Committee be asked to withhold further consideration of the resolution until such time as the City received clarification of the intent of the resolution and the impact on develop- ment in the City of Niagara Falls. No. 306 - City Manager - Re: Proposed Plan of Subdivision, Hanit Construction Co. Ltd. "Valley View". Recommending preliminary approval of the plan subject to four conditions enumerated in the report. ORDERED on the motion of Alderman Thomson, seconded by Alderman Keighan that the report be received and adopted. No. 307 - City Manager - Re: Proposed Plan of Subdivision, Fennell Developments Ltd., "Balmoral Court". Recommending approval of the plan subject to five condi- tions enumerated in the report. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and adopted. No. 308 - City Manager - Re: Proposed 1974 Local Improvement Program. Requesting authority to prepare the required by-law to permit advertisement in the local newspaper at which time property owners affected will have the right to object. ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that the report be received and adopted. No. 309 - City Manager - Re: Policy for the Provision of Drainage for Regional Facilities. The report expresses concern that if the proposed land drainage policy is approved, the Region could become involved in watercourse and drainage projects which are now under the Jurisdiction of the area municipality; suggesting that the Region's responsibility should be limited to those watercourses serving more than one municipality and only if those municipalities request the Region to become involved; suggesting also that the Region has much less responsibility for storm drainage than the area municipality and it should therefore be the ares municipalities that initiate any required works. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera that the L report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fete, Harrigan, Smeaton, Schisler, Thomson,Wallace. NAYE: Aldermen Puttick and Keighan. No. 310 - City Manager - Re: Lundy's Lane Widening - between Dorchester and Moatrose Roads. Advising of a request to establish the widening strip in front of the premises at 6995 Lundy'S Lane, as a public highway. As Lundy's Lane is now a regional road and is being used as s public highway, the report recommends that the request be granted and the land conveyed to the Regional Municipality for nominal cons iderstion. The City Solicitor, in reply to a question by Alderman Thomson, confirmed that the nominal fee, would be $1.00. The City is not reimbursed the full purchase price when property is acquired for roadway purposes. As suggested by Alderman Keighan, the City Engineer will make enquiries to ascertain that all area municipalities follow the same procedure. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received and adopted subject to confirmation that the procedure is general policy throughout the Region. .~ ~,{. ta~/ -6- Reports (Cont'd) No. 311 - City Manager - Re: Registered Property 71-15,Diamond & Green Con- struction Co., Lot B, Plan 198. Advising that a tax arrears certificate was registered against the property and the owner has now deposited with the City funds reqoired to satisfy all tax arrears,interest, penalties and costs to date; recommending, subject to the approval of the Ministry of Treasury, Economics and Intergovernmental Affairs, that the property be conveyed by the City to the former assessed owner. ORDERED on the motion of Alderman Fare, seconded by Alderman Hunt that the report be received and adopted. Alderman Christensen requested that a report be prepared outlining the properties acquired by the City through tax. registration procedures which codld be made available for sale. See By-law No.74-130 No. 312 - City Manager - Re: proposed Storm Sewer - Thorold Stone Road. Requesting (1) approval to use Expansion and Renewal Funds to cover the cost of the City's share of the project ($130,000.); (2) approval to proceed with the passing of the required by-law to use such funds and (3) approval to proceed with the calling of tenders as soon as the Region has authorized the expendi- ture of funds. Note: Alderman Keighan declared a conflict of interest and retired from the Council Chambers. Alderumn Fera declared a conflict of interest. ORDERED on the motlos of Alderman Thomson, seconded by Alderman Christensen that the report be received and adopted. The motion Carried with Aldermen Keighan and Fera abstaining. No. 313 - R.J.Perkin,Chairman,Recreation Commission - Re: Area Recreation Boards. Submitting terms of reference for Council's approval. Mr, Perkin was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Schisler. Mr. Perkin said that the purpose of the Area Recreation Boards is to assist the Recreation Commission in carrying out a program of recreation within the various geographic areas. He elaborated on the composition of each board and the responsibilities of the members. He said there is a necessity to create the board for the Niagara South area rather quickly as the facility will soon be available. It is the intention of the Commission to send a letter to all service groups and other organizations requesting recommendations. Alderman Smeaton expressed fear that the area of recreation is getting far more complex than necessary and Council is getting far removed from the actual activities of the Commission. The Alderman questioned the necessity of a member of Council being appointed to serve on each of the area boards inasmuch · as two members are appointed to the Recreation Commission annually. Mr. Perkin pointed out that the purpose of the boards is to provide more voluntary input and involvement in recreation programs. A list of recommended names will be submitted to Council for consideration and will result in an additional 36 volunteer workers as well as many others serving on various connittees. Alderman Wallace suggested before appointments are made an appropriate notice should be placed in the local newspaper notifying the public that certain hoards are to be created. Mr. Perkin confirmed that it is the intention of the Cou~ission to nouify the public in this manner and request interested parties to come forward. Alderman Wallace objected to the procedure followed in making appoint- ments Co various boards, conunissions and committees. He augSeated Council is not provided with sufficient names fromwhich to choose although there are many residents willing to serve on such boards if they were aware of the positions available. The Alderman indicated his intention, before the end of 1974, to request a report as to the n,,mher of aldermen on the various boards, commissions and committees and suggested that, in some cases, three or four aldermen are appointed where one representative might suffice. The Alderman suggested the whole matter should be reviewed and, if ppssible, a new by-law enacted to take effect for the 1975 appointments. Alderman Puttick stated thst it was his understanding there is a problem ssfsr as arena staff is concerned; that they have not been informed of their role in the new set-up nor are they certain from whom they will receive instructions. The City Manager advised that the general procedures and the re-organization proposal were discussed with the arena managers. It was moved by Aldernmn Thomson, seconded by Alderman Wallace that the report of the Recreation Comiasion be received and the suggested terms of reference for Ares Recreation Boards be approved, in principle. The motion~ Carried with Alderman Puttick votin8 contrary and ell others in fav~ur. - 7 - Reports (Cont'd) No. 314 - Director of Recreation - Re: City Tennis Courts. Recommending the posting of signs at each municipal tennis court site requesting the public not to extend their usage of the tennis courts beyond thirty minutes. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the report be received and adopted. No. 315 - City Manager - Re: Ontario Housing Corporation - Rent Supplement Program. Advising that a Rent Supplement Agreement relating to four two-bedroom units has now been received from the Legal Department of O.H.C. Recommending approval of the required by-law. ORDERED on the motion of AldermenThomson, seconded by Alderman Fera that the report be received and adopted. See By-law No.74-136 No. 316 - City Manager - Re: New Market Building. Recommending approval of preliminary plans and requesting permission to call tenders when final plans are completed. Mr. R. Hunt of Creative Design Consultants, was granted permission to address Council on the motion of Alderman Wallace, seconded by AldermanThomson. FIr. Hunt displayed drawings of the new market building and described the closed and open sections, the roof design and indicated the improved parkin~ facilities. He advised that construction would be of rough timber and Alderman Keighsn expressed concern about the pose ibility of the timber columns being damaged by vandals. Mr, Hunt indicated consideration could be given to the use of steel columns. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received and adopted, the preliminary plans of the new market building approved and authorization given to.call tenders. No. 317 - City Manager - Re: Front Yard Parking. Recommending that a maximum a 20' curb cut be approved by Council as policy to accon~nodate "front yard parking", in accordance wlth the proposed draft zoning by-law requirements. ORDERED on the motion of Alderman Fare, seconded by AldermanChristensen that the report be received and adopted, No. 318 - City Manager - Re: Parking on Victoria Avenue. Referring to a recommenda- tion from the Parking Committee that parking be prohibited on the westerly side of Victoria Avenue from Centre Street 170' northerly and a petition from businesses in the area requesting that no changes be made. The report advises that it is still the view of the Committee that removal of the two parking spaces involved will benefit the businesses in the area by allowing s better flow of traffic st this signallized intersection; recommending that the Regional Municipality of Niagara be requested to proceed with the prohibition of stopping as was orlginally requested. ORDERED on the motion of Alderman Puttick, seconded by Alderman Keighan that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Keighan, Harrigan,Puttick,Schisler,Wallace. NAYE:Aldermen Thomson, Fers and Smeaton. No. 319 - City Manager - Re: Parking on Ontario Ave. Recommending that the necessary by-law amendments be made to allow parallel parking only on the west side of Ontario Avenue between Queen Street and Park Street and that parking be prohibited at all times from the westerly side of Ontario Avenue from Queen Street 60 feet northerly. ORDERED on the motion of-Alderman Hunt, seconded by Alderman Fera that the report be reaeived and adopted. No. 320 - City Manager - Re: Permanent Counting Station. Advising that the Region is prepared to accept responsibility for the operation of the permanent trsffic counting station on Ferry Street; recommending approval of the suggestion. ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that the report be received and the traffic counting equipment be turned over to the Region with the understanding that the summaries of data collected will be made available to the City. -8- Reports (Cent'd} No. 321 - City Manager - Re: Road and Sidewalk Construction, Contract R.C.17-74. Recommending that the unit prices submitted by Peter Damore Construction for the construction of roadways and sidewalks in the Dorchester Park Subdivision be accepted by Council; recommending also that Council adopt a policy whereby no tender price will be accepted unless the 'schedule of unit prices" is signed by the tendeter. ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that the report be received and adopted. See Resolution No.88 No. 322 - City Manager - Re: Water Meter Training Course. Recommending that the City's meter repairman be authorized to attend the Neptune Training Course in Toronto. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received andadopted. No. 323 - City Manager - Re: Annual Conference of the Association of Municipali- ties of Ontario, Toronto, August 4th-7th,1974,inclusive. Advising that the City is entitled to five voting delegates and requesting an indication of the members of Council interested in attending. It is understood that Aldermen Christensen, Hunt, Puttick and Mann will be attending the Conference. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the report be received and filed. No. 324 - City Manager - Re: Annual Conference of the Canadian Association of Fire Chiefs, Winnipeg, Manitoba, August 24th to 30th,1974, inclusive. Recommending the attendance of Fire Chief S. C.Thomson. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the report be received and adopted. The motion ~arried with Alderman Thomson abstaining. No. 325 - City Manager - Permits issued by the Building Department for the month of May, 1974. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and filed. No. 326 - City Clerk - Advisory Report. The report reconunends the proclamation of October 12,1974 as Columbus Day; the use of Ad-Plates in the City's stamp machine to advertise the 1974 Peach Festival; approval of the Niagara Falls Jaycees request for permission to sell beer and ale at the Niagara Palls Memorial Arena in conjunction with 'Summerfeat"; approval of the request of Marineland to erect and operate a beer tent in conjunction with the official opening of the 1974 season. The report also provides members of Council with information regarding the Financing Development of Local Cover~ment in Ontario as published by the Ministry of Treasury, Economics and Intergovernmental Affairs. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace that this portion of the advisory report be received and adopted. The report also includes a report prepared by the City Clerk which 'advises that the Ontario Municipal Board has approved improvements to the W-5-2 and W-5-3 Tributaries, Shrinetea Creek and recommends that By-law 72-223 be now given a third and final reading. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace hhst the report of the City Clerk be received and adopted. The motion Carrie~ with the following vote: AYE: Aldermen Fera, Marrigan, Keighsn, Schisler, Thomson, Wallace. NAYE: Aldermen Christensen, Hunt, Puttick, Smeaton. See By-law No.72-223 See Resolution No.89 No. 327 - City Clerk - Rec~,~iending approval of Municipal Licences. ORDERED on the motion of Alderman Hunt, seconded by AldermanSmeaton that the report · be received and adopted and licences granted. No. 328 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the report be received and adopted. !{ -9 - Reports (Cent'd) No. 329 - City Manager- Re: Roofing Repairs, Niagara Falls Memorial Arena. Recommending that the quotation in the amount of $4,994. submitted by G. Parent Roofing for the supply and installation of self-sealing shingles over the existing rolled roofing on the main roof area of the Niagara Falls Memorial Arena be accepted by Council. ORDERED on the motion of Alderman Thomson~ seconded by Alderman Fera that the report be received and adopted. See Resolution No. 90 RESOLUTIONS No. 85 - THOMSON - FERA RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of F. Pingut for property on the east side of Mentreat Road between Edith and Graham Streets and described as Pt. Lot 1 and all of Lot 2, R.P. 94, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 86 - CHRISTENSEN - FERA - RESOLVED that the Council of the Corporation of th~ City of Niagara Falls hereby certify that the application of A. & C. Prest for the rezoning of property known as Lot 94, Plan 2795, located on the south side of Kitchener Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 87 - WALLACE - THOE~ON - RESOLVED that the next regular meeting of the Council of the City of Niagara Falls be held on Tuesday, July 9, 1974, commencing at 7:30 p.m.; AND the Seal of the Corporation be heroic affixed. Carried Unanimously No. 88 - WALLACE - CHRISTENSEN - RESOLVED that the Unit prices submitted by Peter Damore Construction for the construction of roadways and sidewalks in the Dorchester Park Subdivision be accepted; AND the Seal of the Corporation be heroic affixed. Carried Unanimously BY-LAWS No. 72-223 - A By-law to authorize the construction of certain improvements and extensions to the storm drainage of the sewage system in the Urban Service Areas of the City. (Shriner's Creek) It was moved by Alderman Thomson, seconded by Alderman Wallace that ~the By-law be now given a third and final reading. The motion Carried with the following vote: A.YE: Aldermen Fera, Harrigan, Keighan, Schtsler, Thomson, Wallace. NAYE.:Alde~nen Puttick, Christensen, Hunt and Smeaton. Note: It was pointed out that the by-law requires a 3/4th affirmative vote and a subsequent motion was moved by Alderman Schisler, seconded by Alderman Wallace that third reading of By-law 72-223 be tabled and considered at a future Council meetingwhen all members of Council are present. The motion Carried unanimously. No. 74-122 - A By-law to authorize improvements and extensions to the electrical power distribution system and street lighting system of the City. (TWO READINGS) ORDERED on the motion of Alderman Wallace, 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 Unantmousl~ ORDERED on the motion of Aldenmn Hunt, seconded by Alderman Christensen that the By-law be now given a second reading. Carried Unanimous1x - 10 - By-laws (tout'd) No. 74-123 - A By-law to amend By-law No. 73-269 to authorize the construction of improvements and extensions to the sewage system in the Urban Service Areas of the City. (TWO READINGS) 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 a first reading. Carried Unanimously ORDERED on the motion o~ Alderman Hunt, seconded by Alderman Schisler that the By-law be now read a second time. Carried Unanimously No. 74-124 - A By-law to authorize the execution of an agreement to purchase land from Gordon Wyllie, In Trust. (Shriner's Creek - Retention Pond) ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that Alderman Wallace 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 Hunt, Fera, Harrigan, Ketghan, Schisler, Thomson, Wallace. NAYE: Aldermen Christensen, Puttick and Smeaton. ORDERED on the motion of Alderman Wallace, seconded by Alderman Keighan that the By-law be now given a second and third reading. The motion Carried with the following vote: AYE: Aldermen Fera, Harrigan, Keighan, Schisler, Thomson, Wallace. NAYE: Aldermen Christensen, Hunt, Puttick No. 74-125 - A by-law to authorize the acquisition of land and the construction thereon of a stormwater retention pond for the collection and disposal of stormwaters. (TWOREADINGS) ORDERED on the motion of Alderman Thomson, seconded by Alderman Keighan that Alderman Wallace 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: Aldernmn Fern, Harrigan, Keighan, Schisler, Thomson, Wallace. NAYE: Aldermen Christensen, Hunt, Puttick and Smeaton. ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler that the By-law be now given a second reading. The motion Carried with the following vote: AYE: Aldermen Fern, Farrigan, Keighan, Schisler, Thomson, Wallace. lYE: Aldermen Christensen, Hunt, Puttick and Smeaton. **** By-laws Nos. 74-126.74-127, 74-128 ORDERED on the motion of Alderman Thomson, seconded by Alderman Schtsler that the following by-laws be introduced and given a first reading: No. 74-126 - A By-law to authorize the execution of a site plan agreement with Fellciano Pingue. No. 74-127 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, as emended. (Pix~ue). No. 74-128 - A By-law to amend By-law No. '2530, 1960 of the former Townshlp of Stamford, now in the City of Niagara Falls, as amended. (Prest) Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt Chat By-laws Nos. 74-126, 74-127, 74-128 be now read a second and third time. Carried Unanimously - 11- By-laws (Cont'd) No. 74-129 - A By-law to authorize the acquisition of land from Ontario Hydro for an industrial site and the sale thereof to Chateau-Gai Wines Limited. ORDERED on the motion of Alderman Schisler, seconded by Alderman Ketghan 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 Keighan that the By-law be now given a second and third reading. Carried Unanimously No. 74-130 - A By-law to authorize the conveyance of land to Diamond and Green Construction Co. Limited. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that Alderman Smeaton be granted leave to introduce the By-law and the By-law be given a first read ing. The motion Carried with Alderman Christensen voting contrary and all others in favour. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler that the By-law be now given a second and third reading. The motion Carried with Aldernmn Christensen voting contrary and all others in favour. By-Laws Nos. 74-131,74-132,74-133,74-134,74-135,74-136 ORDERED on the motion of Alderman Christensen, seconded by Alderman Harrigan that the following By-laws be introduced and given n first reading: No.74-131 - A By-law to authorize the conveyance of land to The Regional Municipality of Niagara. (Lundy's Lane widening) No.74-132 - A By-law to authorize an agreement with Hunt Parker Hassell and Associates Limited for design and engineering services. (New Market Building) No.74-133 - A By-law to authorize the execution of an agreement for the construction of roads and sidewalks for the Dorchester Park Subdivision. No.74-134 - A By-law to authorize a lease of part of the Chippaws Town H~ll. [o.74-135 - A By-law to provide monies for general purposes. No.74-136 - A By-law to authorize an agreement with the Ontario Housing Corporation. (Rent Supplement Program) Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that By-laws Nos. 74-131, 74-132, 74-133, 74-134, 74-135 and 74-136 be now read a second and third time. Carried Unanimously NEW BUSINESS CONDITION OF BASEBALL DIAMONDS - CHIPPAWA AREA Aldermen Christensen stated that the need to' improve the baseball diamonds at Sacred Heart School and Rutland Public School had been reported but, to date, no improvements had been made. The City Manager indicated the problem will be investigated. LOITERING Alderman Fern said that he had spoken to businessman in the Main and Ferry St. area and expressed concern about the loss of business due to individuals congregating at the corncr and harassing and obstructing pedestrians. The Aideman expressed the opinion that law and order is eroding and disrespect for the is becoming uncontrollable and is creeping.into the classrooms. He suggested that - 12- fines are not high enough, jail terms are light and police officers who are familiar with conditions in Niagara Falls and are acquainted with known offenders are stationed in other municipalities within the Region. Alderman Fera was of the opinion that Chief Shennan should be advised of Council's concern about the abuse and obstruction of pedestrians and request that Deputy Chief Harris be transferred back to Niagara Falls. Alderman Puttick agreed that stronger laws are required and individuals being abused must have enough backbone to lay a charge and be willing to appear in court. Mayor Bukator said a meeting had been held with City and Police officials and representatives of the City's business districts to discuss the problem of young people congre- gating on sidewalks in front of businesses. He pointed out that it is only a small minority of youths who move from one business area to another and cause problems. He read from the minutes of the meeting which quoted the City Solicitor as saying that the Municipality does not have an anti-loitering by- law and, in his opinion, has no authority to pass one. The Criminal Code provides for charges for loitering and obstructing but the person so obstructed is required to give evidence in court. Some municipalities have attempted to deal with the problem by passing by-laws under the traffic regulation provisions of The Municipal Act which would make it an offence to obstruct pedestrian traffic, however, the only authority the police have is to ask the offenders to move . NEW POLICE BUILDING Alderman Wallace referred to s recent tragedy of a man hanging himself in his cell at the local jail. The Alderman stressed the importance of police staff being able to continually watch occupants of the various cells. The present building permits only periodic inspections but the proposed new building will provide easier access to the cell area and enable police to keep visual contact at practically all times. If a new building is erected, he said, the problem of persons committing suicide will be virtually eliminated. He noted that the Board of Commissioners of Police had approved the plans, speci- fications, cost estimates, etc. for the 6ity's new building and on June 26th, His Honour Judge Scott will present the proposal to the Regional Finance Committee for approval and authorization for the expenditure. Alderman Wallace said it was vital to the success of the project that it be approved by the Finance Connnittee after which the matter will go to the Regional Council. He expressed the hope that the Regional Councillors representing the City of Niagara Falls will be uniform and stand behind the unanimous decision of the City Council. WATSON STREET BY-PASS Alderman Puttick reported that although reconstruction of Montrose Road from Lundy's Lane is completed, heavy trucks are now by-passing the traffic light at the intersection of Lundy's Lane and Montrose Road and continue to use Watson Street. He suggested that temporary signs be erected to prohibit heavy trucks on Watson Street and the problem be referred to the Parking Conmittee. ORDERED on the motion of Alderman Puttick, seconded by Alderman Harrigan tlmt signs be erected to indicate that trucks are prohibited on W~teon Street. ADJOURNmeNT The meeting adjourned at 1:15 a.m. on the motion of Alderman Thomson, seconded by Alderman Smeaton. READ AND ADOPTED, Mayor TWENTY-SECOND MEETING Committee Room #1, July 9, 1974. 7:00 p.m. Chairman. Council met in Connnittee of the Whole on Tuesday, July 9, 1974, at All Members of Council were present. Alderman Puttick presided as Following consideration of the items presented, it was moved by Alderman Schisler, seconded by Alderman Thomson that the Conmittee of the Whole arise without reporting. READ AND ADOPTED, .. Mayor REGULAR MEETING Council Chambers, July 9, 1974. Council met on Tuesday, July 9th, 1974, at 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 Walker offered the Opening Prayer. ADOPTION OF MINUTES The minutes of s regular meeting of Council held June 24, 1974, were adopted as printed on the motion of Alderman Christensen, seconded by Alderman Thomson. PRESENTATIONS His Worship Mayor Bukator presented retirement watches to Mr. Harry Laur, Mr. Sebastian Viselli and Mr. Michael Bogdanovic and extended best wishes on behalf of all members of Council. The following employes received ~5 year service pins: D.Irwin, J.I.Gibson, E.Fryer, V. Anderson, W. Crabbe, W. Gibson, S. Nalezinski, J. Morocco, H.Parm, E. Marcotte and M. Bogdanovic. Mayor Bukator, in making the presentations, expressed the commendation and congratulations of Council. DEPUTATION Mr. V. Rossi had requested permission to address Council regarding the rezoning of property on the east side of Grey Avenue, south of Ferry Street. Report No. 330 - Planning and Development Committee - Re: AM-26/74, V. Rossi, an application to permit development of a four-unit dwelling. Recommending denial of the application. The City Clerk advised that the applicant~s solicitor was unable to attend the meeting and had requested that the matter be tabled until further notice. ORDERED on the motion of Alderman Nsnn, seconded by Alderman Fera that the report of the Planning & Development Conunittee be received and tabled for cons ideration at a future meeting of Council. - 2- UNFINISHED BUSINESS APPLICATION OF M. & V. AIELLO,SOUTH-WEST CORNER MONTROSE RD. AND MULHERN ST. Report No.331 - City Clerk - Advising that as a result of the usual notification procedure, one letter of objection to the by-law containing the required zoning amendment to permit the erection of a retail store and four dwelling units was received; requesting the direction of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and filed and Council reaffirm an earlier decision to approve the application of M. & V. Aiello and the application, together with the objection received, be forwaraed to the Ontario Municipal Board for con- sideration. APPLICATION OF T. & T. MRSICH,EAST SIDE OF STANLEY AVE.,NORTH .OF ROBINSON ST. Report No.332 - City Clerk - Advising that as a result of the usual procedure of notification, four letters of objection were received to the zoning amendments which will permit the erection of a motel including a restaurant or coffee shop on the subject land. Requesting the directions of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and filed and Council reaffirman earlier decision to approve the application of T. and T. Mrsich and the application, together with the objections received, be forwarded to the Ontario Municipal Board for con- sideration. The motion Carried with Alderman Christensen voting contrary and all others in fayour. COMMUNICATIONS No. 85 - Niagara Transit - Re: Proposed Bus Maintenance and Storage Facility. Submitting preliminary plans and cost estimates; requesting approval of the project at a total estimated cost of $900,000. and that City Staff be authorized to prepare the necessary by-law and applications to the Ministry of Transporta- tion and Con~nunications and the Ontario Municipal Board. Mr. George Mowers, Chairman of the Transit Con~nission, provided further information in reply to questions by members of Council. His Worship Mayor Bukator noted that the project will receive a 75% subsidy from the Ministry of Transportation and Communications and the cost to the City will therefore be approximately $225,000. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the proposed Bus Maintenance and Storage Facility proposed by the Transit Commission be approved and City Staff be authorized to~prepare the necessary by-law and applications to the Ministry of Transportation and Communications and the Ontario Municipal Board. No. 86 - Social Planning Council, Core Building Committee - Re: Old Library building and proposed central building to house a number of agencies that provide social and health services; submitting a brief prepared by the Core Building Co. mittee and requesting favourable consideration by Council. Report No.333 - City Manager - Referring to the proposal of the Social Planning Council to convert the existing library building to a community Service Core Building; advising of a suggestion by the President of the Niagara District Art Association that the building be used as an art gallery and arts and crafts centre; recommending City Staff be authorized to meet with any groups interested in using the facilities and a full report be submitted for the consideration of Council. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the connunication be received and referred to the CityManager,and the report be received and adopted. " No. 87 - William G. Booth - Re: Shriner's Creek Proposal. Requesting replies to questions regarding the acquisition, value and ownership of lands required for a proposed retention pond; the involvement of any real estate broker and informa- tion as to whether any member of Council had declared a conflict of interest. Attached to the communication is e suggested reply prepared by the City Clerk. ORDERED on the motion of Alderman Mann, seconded by Alderman !tarrigan that the 'communication be received and filed and the City Clerk's letter replying to questions raised be approved and forwarded to Mr.~ Booth.' L - 3 - Communications (Coat'd) No.88 - Niagara Falls Review - Requesting permission to monitor Fire Department radio frequencies under the jurisdiction of the City; acknowledging that the Review must also seek the permission of the Solicitor General of Canada. ORDERED on the motion of Alderman Walker, seconded by Alderman Thomson that the communication be received and the request to monitor Fire Department radio frequencies be approved. No. 89 - Downtown Business Association - Re: Band Concerts, Centennial Square. Requesting permiss ion to sponsor five band concerts at Centennial Square on Thursday evenings, July 11, 18 and 25th and August 1st and 9th,1974; advising that the concerts will be performed by the Niagara Falls Concert Band and the St.Ann's Concert Band and requesting that forty chairs be provided. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the communication. be received andsthe requests approved. REPORTS No. 334 - City Manager - Re: Draft Zoning By-law. Reconmending (1) that City Staff be authorized and directed to prepare the By-law in a form to be circulated to residents; (2) that the Ontario Municipal Board be contacted for directions as to the procedure and form of notice required for the By-law and (3) that the City Solicitor be instructed to review the text of the By-law and make such changes as are required. No. 335 - Planning & Development Committee - Re: Draft Zoning By-law. Recommend- ing certain corrections and minor modifications; recommending that Official Plan Amendment No. 71 be adopted by by-law. ORDERED on the motion of Alderman Wallace, seconded by Alderman Harrigan that the reports be received and adopted and a progress report be submitted to Council at the first meeting in September, 1974. No. 336 - Recreation Commission, R.J.Perkin, Chairman - Re: Niagara South Recreation Board. Suggesting that one Alderman, Mr. Buck Hinsperger and the following persons be appointed to serve on the Niagara South RecreationrBoard: For a One Year Term: Mr. Ted Hoare, Mr. George White, Mrs. Mary Crawford, Mr. Reg Bowler and Mr. Too Brant. For a Two Year Term: Mr. Tom Somerville, Mr. Ambrose Sooerville, Mr. Clarence T. Quinn, Mr. Manrice Damera and Mr. Kent Ibey. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received, the suggested appointees to the Niagara South Recreation Board be approved and Aldernmn Mann be appointed as Council's representative on the Board. No. 337 - City Manager - Re: Railway Relocation in the City of Niagara Falls. Report of a meeting in Ottawa with representatives of the federal government; submitting a copy of a brief prepared by the Chamber of Commerce and a copy of The Railway Relocation and Crossing Act Explanatory Notes for Bill C-27; suggesting no further action by the City until the regulations and procedures have been established; recommending that the report be received and filed and a copy forwarded to Regional authorities. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler that the report be received and filed, appreciation expressed to Mayor Bukator, Alderman Marrigan, the City Manager, the City Engineer and Mr. B. Robertson as members of the delegation that presented the brief to representatives of the federal government in Ottawa; further, that copies of the report be forwarded to Regional authorities and nmde available to the public. No. 338 - City Manager - Re: Proposed Plan of Subdivision,"Kingsview",Kenmore Holdings Ltd., south of McLeod Road, between Fern and Merritt Avenues. Recommending preliminary approval subject to six conditions enumerated in the report and 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 Mann, seconded by Alderman Smeaton that the report be received and adopted. 'See Resolution No. 89 No. 339 - City Manager - Re: Proposed "Valley View" Plan of Subdivision, north side of Valley Way, webt of Drummond' Road. Advising that in order for the subdivision to proceed, it will be necessary for the owners to acquire ownership of a triangular parcel of land described as Part 3, presently owned by the City; recuuanending approval of the sale of Part 3 at the same price per acre, to be determined by appraisal, as will be used to establish a cash payment in lieu of park land. -4- Report No.339 (Cost'd) ORDERED on the motion of Alderman Christensen, seconded by Alderman Schisler that the report be received and adopted. No. 340 - City Manager - Re: Request of F.Smith, 8138 Woodbine St., to purchase a small parcel of City-owned land located immediately adjacent to his residence for $600.00; advising that an opinion of value indicates an amount of $1,000. - $1,500.; advising further that investigation revealed that Mr. Smith's garage and driveway are entirely on City land and the property has been maintained by the applicant for seven years; suggesting if Council feels the extenuation cir- cumstances warrant the disposal c~f the land at less than the appraised value, the sale would be conditional on the approval of the Ministry of Treasure, Economics and Intergovernmental Affairs. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttick that the report be received and the subject property be sold to Mr. Smith for an amount of $600.00 subject to the approval of the Ministry. No. 341 - City Manager - Re: City property, 50" x 50' in size, described as Part of Lot 18, R.P. 48, formerly designated as 2446 Crawford Street; the property has no street frontage and is not required for municipal purposes; recommending that a 50' x 40' parcel be sold to Mr. Gagne, 4131 St. James Ave. for a price of $400.00 and a parcel 50' x 10' in size, be sold to Mr.Sekowski, 6450 Crawford St. for $100., subject to the approval of the Ministry of Treasury, Economics and Intergovernmental Affairs. ORDERED on the motion of Alderman Schisler, seconded by AldermanChristensen that the report be received and adopted. No. 342 - City Manager - Re: Possible disposal of former "Bucknor School", situated on property in the former Township of Crowland, having s frontage of 113 ft. on Lyons Creek Road and 386 ft. on Crowland Ave. Advising that Mr. James Morris, on behalf of various organizations in the area, indicated interest in retaining the site because of its historical significance; reconnending that Mr.Morris be contacted to determine if the groups mentioned, or a special group formed for this purpose, would be willing to assume responsibility for the renovation and maintenance of the building. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern that the report be received and adopted. No. 343 - City Manager - Re: Encroachment, easterly side of the north end of Sixth Ave., involving a City-owned lot immediately adjacent to the former N.S.& T. right-of-way; reconnnending that inasmuch as the encroachment has no adverse effect, a Letter of Tolerance be provided to the owners of Lot.176, 4282 Sixth Ave., indicating the City will take no action to have the encroachments removed until such time as the lands are required for municipal purposes, Alderman Puttick suggested the possibility that the City may wish to sell the property in the future. The City Solicitor suggested the wording of the Letter of Tolerance could be changed to indicate no action will be taken to remove the encroachments until such time as the lands are required for munici- pal purposes or disposal. ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that the report be received and adopted. No. 344 - City Manager - Re: Request of Branch 590, Royal Canadian Legion, for temporary penmission to use land i~mmediately adjacent to the clubhouse on Stanley Avenue for parking purposes. Recommending the request be denied and the Legign be asked not to use the lands to the north and rear' of the clubhouse for parking purposes. ORDERED on the motion of Alderman Puttick, seconded by Alderman gmeaton that the report be received and tabled and further consideration be withheld until such time ss City Staff has an opportunity to consider alteruative8 and the status of the orgsnizationt8 efforts to acquire another site. The motion Carried with Alderman Wallace voting contrary and all others in favour. No. 345 - City Manager - Re: Parking at New Library.Recommending that parking be prohibited at all times from the southerly side of Morrison Street from · Victoria Avenue 130 ft. easterly; recommending further that the Region be 'r~quested to prohibit parking on the easterly side of Victoria Ave. from. Morrison St. 365 feet southerly. ORDERED on the motion of Aldernmn'~homson, suconded by Alderman Bunt that the report be received and adopted. - 5 - Reports (Coni'd) No. 346 - City Manager - Re: Renewal of Lease - North-East Corner of City Hall. Noting that the Correctional Services Department is making limited use of the area and the lease with the Minister of Public Works for the Province of Ontario expires at the end of the current year; advising that the Ministry has also con- sidered the possible relocation of the Niagara Falls Housing Authority in City Hall which would require extensive renovations; suggesting it would be inadvisable to enter into any further lease arrangements for the north-east section of City Hall in view of present overcrowding in the Planning and Engineering Departments; reconmending that, in order to provide sufficient space for municipal administra- tion, staff be authorized to negotiate with the Ministry of Government Services to terminate the existing lease at the end of 1974. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received and adopted. No. 347 - City Manager - Re: Application to provincial authorities for a capital grant under the Cormsunity Centres Act; recommending the pass ing of a by-law to establish Prince Charles Swimming Pool as a Community Centre in order to be eligible for a grant payment. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the report be received and adopted. See By-law No. 74-139 No. 348 - City Manager - Re: Concession at Stamford Centre Volunteer Firemens~ Association Pool at Mitchelson Park. Recorcanending that the request of the Volunteer Firemen for permission to operate a concession at the pool be approved. It is understood that all proceed derived from the operation will be used to continue development of programs, swim classes and special events. ORDERED on the motion of Alderman W lkers, seconded by Alderman Schisler that the report be received and adopted. No. 349 - City Manager - Re: Rating By-law for Debenture Issue of $500,000.00. Advising that the debenture is for the purposes of the new public library and suggesting the by-law for the levy of rates to pay the principal and interest may be passed by Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and filed. See By-law No.74-138 No. 350 - City Manager - Re: Lot Fee and Assessment of Mobile Homes. Referring to notification received from the Regional Assessment Connnission that mobile homes or trailers would be assessed for taxation effective January 1, 1974 and noting that occupants of mobile homes would then be subjected to s duplicate form of taxation; advising that appeals against the new assessments were heard by the Assessment Review Court and it appears that the Courts will be asked to rule on the assessability of trailers as real property. The report recommends that licence fees paid for the current year be returned to Shady Oakes Trailer Camp and to Luigi's Trailer Camp; reconmending further that the City's by-law authorizing the per lot fee not be amended until the question of iiability of mobile homes for real property assessment has been determined. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that ~he report be received and adopted. No. 351 - City Manager - Re: Portage Road Storm Sewer and Road Reconstruction. Advising that Portage Road was re-opened to traffic between Oakes Drive and McLeod Road on Friday, June 28th at approximately 9:00 p,m.; suggesting that the construction firms of Moir Construction and Bsiocco Construction as well as the consulting firm of R.V.Anderson Associates, be commended for having the work carried out in such an expeditious manner. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and filed and City Staff, the construction firms and the consultants be cormended. No. 352 - City Manager - Re: Q.E.W. and Highway 420 Iaterchsnge - M.T.C. and E.Weightman & Sons Limited. AdvisinS that construction of the interchange requires the relocation of a City watermain which was constructed along an easement granted by E.Weightman & Sons to the Twp.of Stamford and that the M.T.C. is acquiring some of the land owned by the Weightman firm including land covered by the origins1 easement; recommend in8 that Council pass a by-law authorizing the execution of a new grant of easement from E.Weightman & Sons to the City and to authorize the execution of a quit claim deed to Her Majesty The Queen repre- sented by the Minister of Transportation and Communications, of the land covered by the original easement. - 6- Report #352 (Cont'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted. See By-law No. 74-140 No. 353 - City Manager - Re: Prohibition of heavy trucks on Watson Street. Advising that signs prohibiting heavy vehicles on Watson Street and recordhand- ing that the appropriate by-law appearing on the agenda be given three readings and forwarded to the Region and the Ministry of Transportation and Communica- tions for approval. ORDERED on the motion of Alderman, Puttick, seconded by Alderman Harrigan that the report be received and adopted. See By-law No.74-142 No. 354 - City Manager - Re: Contract G.C.18-74, Sewer, Watermain and Base Road Construction in the Dorchester South Subdivision. Reconnending that the unit prices submitted by L & N Construction 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.90 No. 355 - City Clerk - Resolutions from Ontario Municipalities. 1. City of Kitchener - Requesting the Province of Ontario to expedite the pre- paration of regulations leading to the abatement of noise. Recommending endorserich of the resolution and notification to the Minister of the Environment. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the resolution be endorsed. 2. Regional Municipality of Peel - Requesting the drafting of legislation to define the powers and duties of crossing guards. Recommendation: that the resolution be endorsed and the associations and committees outlined be so notified. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the recommendation be adopted. 3. City of Nanticoke - Requesting the Government of Ontario to institute a provincial lottery scheme to lessen the financial burden created by natural disasters. The report suggests the request would appear to involve a matter completely within provincial Jurisdiction. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the resolution from the City of Nanticoke be received and filed. 4. Town of Thorold - A resolution opposing the rate increases proposed by Ontario Hydro over the next five years, The report indicates that the extent of the increases has not as yet been made public and it is therefore difficult to determine if the proposed rates are "staggering" as indicated in the resolution. Recommending the resolution be received and filed. Note: Alderman Mann declared his interest and abstained from voting. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that Council support the Town of Thorold in opposing the rate increases proposed by Ontario Mydro. The motion Carried with the following vote: AYE: Aldermen Chriatenaen,Hunt,Fera,Keighan,Schisler,Walker,Thomson. ~./'~NAYE: Aldermen Wallace, Marrigan, Puttick and Smeaton. Note: Alderman Mann abstained. Township of Pittsburgh - A resolution requesting a change in existing legislation to increase the penalty for non-payment of taxes. The report recommends endorsation of the resolution and suggests the pr'oposal is connendable prorid tng the municipality has the option to charge up to 2%. The present prime rate for borrowing for the municipality 'is 11%. ORDERED on the motion of Alderman Mann, seconded by Alderman Hsrrigan that the resolution from the Township of Pittsburgh be not endorsed. The motion Carried with the following vote: AYE: Aldermen Christensen, Fera,Hann, Harrigan, Keighan, Wallace. · NAYE: Aldermen Puttick, Smeaton, Schisler, Walker, Thomson. No. 356 - City Manager - Re: Purchase of Garbage Packer Bodies and request of ~hee18, Brakes & gquipmentLtdo to withdraw a tender for the supply of four connercial garbage packer bodies because the cost of a mechanical hoist had not been considered in submitted a quotation of $41~164.32; advising that the City Solicitor has suggested that it is fairly cc~i. on to allo~ withdrawl of a tender if it were not specified as irrevocable end the request for withdrawal was sub- mitted before the tender was legally accepted. ~he report notes that it has not - 7- Report No. 356 (Cont'd) been the practice of the City to call irrevocable tenders on equipment and the request of the company was received before legal acceptance. A separate report recommendsacceptance of the second lowest tender in the amount of $44,443.52 submitted by S.M.I,Industries. ORDERED on the motion of Alderman Wallace, seconded by Alderman Hunt that the report be received and filed and Council approve acceptance of the second lowest tender. No. 357 - City Manager - Re: Purchase of Maintenance Equipment Part 1. Recon=nending acceptance of the following tenders: Item #1 - 5-compact sedans at $16,050.00 by Peninsula Volkswagen Note: Alderman Puttick declared a conflict of interest with respect to this item. Item ~2 - 2-window vans at $8,853.44 by Motorville Car Sales. Item #3 - 1 only half-ton pick-up at $3,898.01 by Motorville Car Sales. Item #4 - 4-32,000 G.V.W. truck chassis at $58,277.55 by Autoland Chrysler Ltd. Item #5 - 4-20 cubic yard garbage packer bodies at $44,443.52 by S.M.I.Industries Item #6 - 3-25,500 G.V.W.dump trucks at $39,151.30 by Archer Truck Sales Item ~7 - 2-27,500 G.V.W.dump trucks with plows and wings at $37,606.22 by Autoland Chrysler Ltd. ~ Item #8 - 1 only 4 cubic yard street sweeper at $18,407.00 by S.M.I.Industries The report also recommends that all savings and proceeds related to the Equipment Section be allocated a reserve fund to cover extra cost of equipment. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the report be received and adopted. The motion Carried with Alderman Puttick abstaining. See Resolution No.91 No. 358 - City Manager - Building Permits issued during the month of June,1974. ORDERED on the motion of Alderman Mann, seconded by Alderman Christensen that the report be received and filed. No. 359 - 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. 360 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Mann, seconded.by Alderman Christensen that the report be received and adopted. No. 361 - City Manager - Re: Q.E.W. - McLeod Road Interchange. Referring to certain parcels of property required by the Ministry of Transportation and Communications to facilitate the construction of the interchange including a one-foot reserve strip located north of McLeod Road, east of the Q.E.W. and two parcels within Twp. Lot 170 located to the east and west of Montrose Road reconstructed, at the intersection of McLeod Road; recommending that Council authorize the execution of two agreements with the M.T.C. =ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the report be received and adopted. RESOLUTIONS A resolution requesting the Minister of Treasury, Economics and Intergovernmental Affairs to establish guidelines for rates of pay and employment benefits based on the financial capacity of the individual municipality. The resolution was prepared in accordance with the instructions of Council at a Council meeting held May 27, 1974. ORDERED on the motion of Alderman Walker, seconded by Alderman Wsllace that the resolution be referred back to staff for re-drafting in order to more appropriately incorporate the intent of Council. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Mann, Harrigan, Smeaton, Schisler, Walker,Puttick. .NAYE:Aldermen Fare, Wallace, Thomson and Keighan. No. 89 - MANN - SMEATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Kenmore Holdings Ltd. for a proposed plan of subdivision on property located south of McLeod Road between Fern snd Merritt Avenues, conforms to Official Plan Amendment No.28 · of the Niagara Falls Planning Area, as smended and approved by the Minister of Mousing; AND the Seal of the Corporation be hereto affixed, Carried Unanimously - 8- Resolutions (Coni'd) No. 90 - SCHISLER - HUNT - RESOLVED that the unit prices submitted by L & N Construction Limited for Sewer, Watermain and Base Road Construction in the Dorchester South Subdivision, Contract G.C.18-74, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 91 - MANN - CHRISTENSEN - RESOLVED that the following tenders be accepted: Item ~1 - Five compact sedans at $16,050.00 by Peninsula Volkswagen. Item #2 - Two window vans at $8,853.44 by Motorville Car Sales Item ~3 - One only half-ton pick-up at $3,898.01 by Motorville Car Sales Item #4 - Four 32,000 G.V.W. tru~k chassis st $58,277.55 by Autoland Chrysler Ltd. Item ~5 - Four 20 cubic yard garbage packer bodies at $44,443.52 by S.M.I. Industries Item #6 - Three 25,500 G.V.W. dump trucks at $39,151.30 by Archer Truck Sales Item #7 - Two 27,500 G.V.W.dump trucks with plows and wings at $37,606.22 by Autoland Chrysler Ltd. Item ~8 - One only 4 cubic yard street sweeper at $18,407.00 by S.M.I. Industries; AND the Seal of the Corporation be hereto affixed. Carried with Ald.Puttick abstaining BY-lAWS No.72-223 - (THIRD READING) A By-law to suthorize the construction of certain improvements and extensions to the storm drainage of the sewage system in the Urban Service Areas of the City. (Shriner's Creek) ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that third reading of By-lsw No. 72-223 be tabled for consideration at a special public meeting of Council. No. 74-73 - A By-law to authorize the acquisition of lsnd for industrisl sites. (The by-law was given a first and second reading on Apr.29,1974) THIRD READING - Alderman Thomson and Alderman Christensen .... Carried Unanimously No. 74-137 - A By-law to authorize the erection of a fire hall. (McLeod Road) (Two Readings Only) ~ ORDERED on the motion of Alderman Wsllace, seconded by Alderman Harrigan that Aldermen 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 read a second time. Carried Unanimously I. **** ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the following by-laws be introduced and.given a first reading: No. 74-13g - 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 $500,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. (New Library) No. 74-139 - A By-law to establish an'additional Community Centre for the City of Niagara Falls. (Prince Charles Park Swimming Pool) No. 74-140 - A By-law to authorize the execution of a grant of easement and a quit claim deed. - 9- By-laws (Cont'd) No. 74-141 - A By-law to authorize the execution of an agreement with L & N Construction and Excavating of Niagara Limited for the construction of sewermains and waternmins and base roads in the Dorchester South Subdivision. No. 74-142 - A By-law to amend By-law No. 72-163, being a By-law to prohibit heavy traffic on certain highwsys in the City of Niagara Falls. (Watson St.) No. 74-143 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Ontario Ave.) No. 74-144 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that By-laws Nos. 74-138; 74-139; 74-140; 74-141; 74-142; 74-143 and 74-144 be now read a second and third time. Carried Unanimously NEW BUSINESS TRAFFIC MARKINGS Alderman Thomson referred to the many recent complaints about the delay in re-painting white traffic Iines and expressed his concern about arrows indicating turning lanes. He hsd been advised by the contractor that the Region had changed its policy and had eliminated turning arrows other than left turn lanes. The Alderman questioned why the municipality had not been advised especially in view of the tourist traffic. He had also made enquiries regarding certain intersections and was informed that no instruction had been received regarding the marking of the Stanley Ave. - Q.E.W. intersection. The matter was referred to the City Manager for investigation. ROBERTS STREET Alderman Thomson commented on the state of disrepair of homes on Roberrs Street acquired by the Ministry of Transportation and Communications for s future expressway. He noted that it will be 10-15 years before the expressway becomes a reality and expressed concern about the appearance of this important approach to the City. The Alderman suggested the homes should be kept occupied, in good repair or demolished. The City Clerk reported that he had contacted the M.T.C. and had been informed that it was not economical to lease the buildings because of the cost of maintenance. If attempts to rent the vacant houses are unsuccessful, the spokesman for the Ministry indicated the buildings would be demolished. =ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the City urge the Ministry of Transportation and Communications to either lease the houses on Roberrs St., keep the property reasonably maintained or demolis~ the buildings. HYDRO POLES Alderman Thomson spoke about a situation where a hydro pole is located in the middle of abutting driveways and the problems experienced by occupants of the houses in backing out of their driveways. Upon making enquiries about having the pole removed, he was told re-location or removal of the pole would be at the expense of the homeowner and costs would amount to $300.00. Although this situation occurs infrequently, the Alderman suggested there should be more liaison between Hydro, the City and the contractor. He suggested that perhaps Hydro would adopt a policy regarding the removal or re-location of poles and provide money in their budget to cover coats. The matter was referred to Mayor Bukator. - 10- TRAFFIC MATTERS Alderman Smeaton suggested the Region investigate the possibility of synchronizing traffic signals at Dorchester Road to provide a better flow of traffic at the intersection of Dorchester Road and Lundy's Lane. Since the installation of two traffic lights in the vicinity of the Dorchester Road - Q.E.W. extension, traffic congestion at the Lundy's Lane - Dorchester Road intersection has worsened. Alderman Smeaton also suggested that the Region be asked to investi- gate the possibility of signalizing the intersection of McLeod Road and Dorchester Road. He noted there was no controlled point of access on McLeod Road from the Q.E.W. to Stanley Avenue and it was becoming increasingly difficult to cross McLeod Road. He suggested the Projects Engineer and the Region investigate the situation. PEE WEE CHAMPIONSHIP TEAM Alderman Puttick referred to Council's support of the 1973 Poe Wee Championship team when they travelled to Bar Head, Alberta to compete against other Canadian teams. He noted the same team had again wan the championship and this year will be playing in the City of Montreal. The Alderman suggested that consideration be given to granting financial assistance to the team up to an amount of $1,000. The matter was referred to the City Manager for a report on the motion of Alderman Puttick, seconded by Alderman Harrigan. Carried Unanimously. The meeting adjourned at approximately 10':00 p.m. on the motion of Alderman Christensen, seconded by Alderman HarriSan. READ AND ADOPTED, TWENTY-THIRD MEETING Council Chambers, July 22, 1974. REGULAR MEETING Council met on Monday, July 22, 1974, 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 Schisler offered the Opening Prayer. ADOPTION OF MINUTES The minutes of a regular meeting of Council held July 9, 1974, were adopted as printed on the motion of Alderman ~nn, seconded by Alderma~Christensen. DEPUTATION INFORMATION NIagARA Comm. # 90 - Information Niagara - Providing information regarding the services offered and advising of the availability of grants from the federal and provincial governments providing the operation is successful for one full year; advising ~ that Information Niagara has been funded to date by a Local Initiatives grant which terminates on July 23, 1974 and commenting on the necessity of maintaining the continuity of the service in order to qualify for 1975 government grants; requesting a grant of $2,100. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that Mr. A. Zimmerman be granted permission to address Council. Mr. Zimmerman, Chairman of the Advisory Board, stated that Information Niagara had met all criteria for eligibility for government grants other than the matter of continuing service for one full year. The Local Initiatives Grant under which the program was implemented terminates on July 29, 1974 and in order to qualify for the 1975 provincial and federal grants, Mr. Zimmermsn asked that Council approve a City grant of $2,100. to enable the organization to continue the service until the end of 1974. Provincial guidelines for funding of information centtea provide for a grant of 1/3 of the total budget and 2/3 from other sources. It is expected that Information Niagara will be funded 1/3 by the province; 1/3 by the federal government and 1/3 from private sources. It was then moved by Alderman Thomson, seconded by Alderman Christensen that the communication be received and filed and the request for a $2,100. grant be approved on a one-time basis. The motion Carried unanimously. UNFINISHED BUSINESS GRASSYBROOK PARK Report No. 362 - City Manager - Presenting a development plan for Grassybrook . Park prepared by Mr. W. S. Palmar, B.S.A.; commenting on the provisions of The 'Parks Assistance Act and suggesting that if the plan is acceptable to Council, an application for subsidy be made immediately to the Ministry of Natural. Resources. Mr. Palmar was granted permission to address Council on the motion of Alderman Wallace, seconded by Alderman Thomson. Mr. Palmet reviewed the plan end the suggested phases of development for Grassy Brook Park which, he said, included the mandatory requirements of The Parks Assistance Act. The Act stipulates that a minimum of 25 campsites must be provided and Mr. Palmar indicated that if additional sites were required or considered desirable in the future, there is a section of the park that could be utilized for this purpose. The speaker was questioned about the suggestion reSarding permanent acc~unuodation for a caretaker as opposed to the cost of hiring a security guard for specific periods of time. Mr. Palmer was of the opinion that a resident ~sretaker would ensure personal interest in the park and lead to less vandalism. The City Clerk confirmed that the Ministry of Natural Resources was aware of the City's application and had approved the engagement of Mr. Palmer to prepare the development plan as required by the Act's regulations. The City had received an amount of $25,000. for land acquisition and if legislation remains unchanged, it appears the municipality may obtain an additional $75,000 subsidy for development of the park. It was also pointed out that the plan is flexible and subject to change if Council so wishes. Once the developmant plan is approved the City can proceed with certain remedial works such as the demolition of old buildings and the filling in of the existing lagoon. - 2- Report #362 (Cont'd) It was then moved by Aldermen Wallace, seconded by Aldermen Fera that the report of the City Manager be received and Council accept the development plan for Grassy Brook Park and an immediate application be made for its accept- ance by the Ministry of Natural Resources. The motion Carried with Aldermen Puttick voting contrary and all others in favQur. See Resolution No. 92 NEIGHBOURHOOD IMPROVEMENT PROGRAM Report ~363 - City Manager - Re: Neighbourhood Improvement Program. Advising of the results of five public meetipgs held in the Woodbine, Chippaws North, Downtown, Drummond South and Glenview areas; recommending that the Glenview and Woodbine Areas be designated as NIP areas and suggesting the following action: (1) that City Council pass a resolution that the Glenview and Woodbine Areas be designated as N.I.P. areas; (2) that separate applications for designation of Glenview and Woodbine Areas be forwarded to the Province for their approval and (3) that applications be made to the provincial government for funds to carry out the detailed Planning Stage for each of these areas. Alderman Wallace commented on the need for more parklands in the downtown area noting the availability of land south of City Hall, the demolition of the old police building and the former Niagara Paper Box building ss well as proposed plans for the development of a bus maintenance centre and other improve- ments in the Bridge St.-Park St. and Erie Ave. area. The Alderman questioned if the funds allocated to the City for neighbourhood improvements must necessarily be spent entireIy on the designated Woodbine and Glenview areas. In reply, the Renewal Co-Ordinator indicated that funds would be available for the purposes of site development and park facilities at any location within the city, the only stipulation being that the monies must be used for recreation or social purposes or for additional housing. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan that the report of the Oity Manager be received and adopted. CO~4UNICATIONS No. 91 - Logan,Knight,McDermid &McDonald - Re: Request of Mr. George Taylor for right to use a water standpipe located in the former Village of Chippaws on a public road allowance, for the purpose of delivering water to rural residents of the area. Report ~364 - City Manager - Providing background informer ion regard ing the availability of water at an existing standpipe and the purchase of water at the facility by various individuals for delivery to residents of rural areas. The report questions the advisability of granting a franchise to one operator as well as the responsibility of costs incurred if the facility was modified to acconmaodate more than one operator. Mr. D. J. McDonald was granted permission to address Council on the motion of Aldermen Smeaton, seconded by Alderman Marrigan. ~. McDonald suggested that if a monopoly situation is to be condoned, it would be necessary for Council to establish rates and regulations and a method of charging the operator. He noted that Mr. E. Stewart is now delivery water in the rural areas and Mr. Taylor and Mr. W. T.Brown also .want to provide a similar service. He pointed out that Messrs Taylor, Brown and M. Logan had in the past used the facility on a cooperative, honour system basis with no difficulties. While his client, Mr. Taylor, is prepared to pay for the installa- tion of another meter, the suggested amount of $1,500. is prohibitive in view of the fact that Mr. Taylor had underwritten so~e of the initial costs. Mr.McDonald suggested that any businessman wishing to deliver water should be entitled to access to the water outlet and a competitive market situation should be allowed to prevail, Mr. E. Stewart was granted permission to address Council on the motion of Alderman Keighan, seconded by Alderman Thomson. Mr. Stewart stated that prior to purchasing the water hauling business, he had contacted officials at City Hall and had been assured that the conditions under which the previous owner had operated would continue. It was on the · assumption that he had exclusive rights to the water standpipe that he had purchased the business and for three months had provided a 24 hour-day service. The City Manager confirmed that Mr. Stewart had been told he could operate the facility under the same conditions as the .previous owner but there was no discussion regarding an exclusive right to the facility. The CityClerk said a new agreement is required and must be prepared and submitted to Council. - 3 - Report #364 (Cont'd) Alderman Smeaton enquired if the municipality has the right to permit an exclusive franchise or prevent any citizen from purchasing water at the facility for commercial reasons. It was the view of the City Solicitor that the City cannot grant exclusive rights for a public commodity such as water which should be available to anyone wishing to buy it. Any person wishing to purchase water for re-sale, he said, cannot do so without the consent of the City Manager. The City Clerk said that the suggested installation cost of $1,500. was for an additional meter at the existing site. A possible alternative would be to provide an outlet at another site, for instance, on Lyon's Creek Road. He also commented on the system used in the City of St. Catharines where, with the deposit of four quarters, the meter releases 1000 gals. of water. Mr. Collinson pointed out, however, that water haulers work during the weekend and service problems may arise as weli as the necessity of having the location under surveillance. Following considerable discussion it was moved by Aldermen Harrigan, seconded by Alderman Smeaton that Mr. Edward Stewart, proprietor of Stewart's Water Service, be granted permission to purchase water from the City at the standpipe located at the intersection of Main Street and Laura Secord Place on the understanding that permission so given is not to be cons idered the granting of an exclusive right for Mr. Stewart to use the facilities at the aforementioned location; and, further, that City staff be directed to prepare a report relative .to the cost of installing equipment necessary to permit the metering of water at this location by more than one purchaser; and, further, that the request of Messrs Brown and/or Taylor to purchase water from the City be tabled pending presentation of the report regarding the installation of metering equipment. The motion Carried with the following vote: AYE: Aldermen Christensen, Fers, Harrigan, Keighsn, Smeaton, Puttick, Schisler, Thomson, Wallace. NAYE:Aldermen ~hnn and Walker. Comm.#92 - Broderick, McLeod,Clifford,Marinelli & Amadio - Re: Emma Spironello and Daphne Iseppon and Pansy Realty Ltd. and re: General Abrasives (Canada) Ltd. and Pansy Realty. Advising that the solicitors' clients are not making a formal objection to the rezoning of property in the Coholan-Vine St. area but wish to go on record as having advised that, in their opinion, the construction of res idential properties immediately adjacent to lands zoned for industry, is not wise planning; suggesting the possibility of nuisances and inconveniences that may give rise to future complaints and grievances on the part of adjacent property owners. ORDERED on the motion of Aldermen Puttick, seconded by Alderman Schis ler that the communication be received and filed and a copy be forwarded to the developers of .the lands. which are subject to a subdivis ion. agreement. See By-law No. 74-148 No.93 - Niagara Transit - Re: Special Chippawa Night Service. Advising that the requested late night service to i~lo Chippaws was inaugurated on June 15th; submitting a passenger count indicating that only 46 passengers utilized the ~service in 46 trips. ORDERED on the motion of Aldermen Puttick, seconded by Alderman Fera that the communication be received and filed and the special late night bus service. to the Chippaws area be cancelled. No. 94 - Grand River Disaster Relief Fund - Advising that financial aid from the province will be based on matching funds raised voluntarily; requesting a donation from the municipality. Alderman Thomson suggested that Council should have a policy to deal with requests of this nature. It was moved by Alderman Puttick, seconded by Alderman Smeaton that the communication be received and filed. The motion Carried with the following vote: AYE: Alderman Christensen,Keighsu,Hsrrigan,Smeaton,Puttick,Schisler,Walker,Wallace. N~.YE:Aldermen Mann, Fera and Thomson. No, 95 - Regional Municipality of Niagara -.Suggesting that members of Council meet with the Regional Planning Committee on Wednesday, July 24th at 8:30 p.m. st Regional Council Chambers for the purpose of discussing proposed urban area boundaries. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the c~unication be received, the suggested date approved and as many members of Council as possible attend the meeting. REPORTS No. 365 - Lottery Licensing Officer - Re: Application of the Y.M.C.A. to manage and conduct a series of media bingo lotteries through the facilities of Radio Station CJRN; advising that the lottery would be conducted four times daily from Monday to Friday with daily prizes amounting to $200. The report indicates the Lotteries Branch is aware of the application and is prepared to issue a licence if the project is approved by the City Council; recommending approval in principle. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. No. 366 - City Manager - Westlane Industrial Basin - Interim Report. Reconmaending:~ (1) that the comments of the land owners in the area be obtained at this time; (2) that the report be presented to the Planning and Development Committee for comment; (3) that the report be presented to the Regional Planning and Development Committee for information purposes; (4) that staff and the consultant continue working on the study. ORDERED on the motion of Alderman Wallace, seconded by Alderman Fera that the report be received and Council adopt the four recommendations contained therein. No. 367 - City Manager - Re: Kitchener Street Public School Property. Recommendingz (1) that Connull approve the purchase of the property from the N~gara South Board of Education at a price to be negotiated by City Staff within the appraised valuesi for the site and (2) that the City Solicitor be authorized to prepare the necessary~ docnments in conjunction with the purchase of the property. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted. No, 368 - City Manager - Re: Niagara Falls Lions Club Midget Baseball Team. Submitting a report prepared by the Recreation Comanission regarding the suggestion] that the City provide funds to assist with transportation costs to Montreal; suggesting the team continue its fund-raising efforts and Council agree to assist with the cost of transportation up to but not exceeding the sum of $500.00; recommending further that a definite policy be established during consideration of the 1975 operating budget with respect to requests of this nature. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the report be received and adopted. ORDERED on the mot on of Alderman Mann, seconded by Alderman Fera that the report of the Recreation Commission be received and filed. No. 369 - Mayor Bukator- Re~ Dispostion of vacant dwdllinga located on Roberrs 8t.-Q.E.W. extension and adjacent streets, presently owned by the Ministry of Transportation and Communications; suggesting that representatives of the Ministry, the Niagara Palls Housing Authority and the Mayor's Committee on Housing be asked to meet to discuss the possible uses of the vacant buildings and the clearing of the vacant lands owned by the M.T.C. Alderman Thomson expressed the opinion that a special effort bhouldcbe to demolish the building at 5422 McDonald Ave. which is~ubhabltable. He also suggested that perhaps, in some cases, arrangements could be made for neighbouts to have access to adjacent properties for the purpose of keeping the grass cut to provide play areas for children. It was-indicated these matters would'be discussed at the proposed meeting. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted. No. 370 - Recreation Director - Re: Roller Skating Rink. Providing information regarding the availability of roller skating facilities and the average attendance and revenue derived from the operation at the Niagara Palls Memorial Arena; recommending that any type of roller skating rink in N~gara Falls be on Bos' a commercial basis and, further, that the Y.M.C.A., Y.W.C.A. or the y Club be approached with a suggestion to plan trips to either the Lincoln Centre in 'St.Catharines or the Roller Village at Crystal Beach as a winter program. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that the report be received and adopted. The motion Carri~ with Alderman. Wallace voting contrary and all others ~n layout. - 5 - Reports (Cont'd) No. 371 - City Manager - Re: Stop Signs. Recommending that the necessary by-law be prepared to allow the erection of stop signs at various intersections as enumerated in the report. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted. No. 372 - City Manager - Re: Parking Fines. Advising that the cost of Municipal Parking By-law enforcement exceeded fine revenue by $10,000 and, in 1974, the difference is expected to increase to $15,000 and, as a result, funds will not be available to acquire and construct needed offstreet parking facilities; recommending that the voluntary payment by-law be amended to increase t~ payment for overtime parking at a meter from $1.00 to $2.00. It was moved by Alderman Thomson, seconded by Alderman Christensen that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Christensen, Furs, Harrigan, Keighan, Puttick, Schisler, Thomson. NAYE: Aldermen Walker, Wallace, Smeaton and Mann. No. 373 - City Manager - Re: Street Name Signs.Recommending that the bid submitted by Klassen Bronze Limited for the supply of aluminum street name signs in the amount of'$3,987.20 be accepted; recommending further that the bids of Mechanica~ Advertising for post caps and post crosses in the amount of $728.00 and $638.40, respectively, be accepted; ORDERED on the motion of Alderman Christensen, seconded by Alderman Schisler that the report be received and adopted. The motion Carried with Alderman Thomson voting contrary and all others in favour. See Resolution No.93 No. 374 - City Manager - Re: Traffic Signals on Queen Street. Referring to a Regional operations study for the City of Niagara Falls which includes the examination of Queen Street and will determine, among other things, the necessity for the installation of additional traffic control signs; recommending that the Region be requested to ensure that adequate studies are carried out to determine whether or not traffic control signals are warranted on Queen Street at the intersections with Ontario Avenue and St. Lawrence Avenue. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that notwithstanding completion of the Regional operations study presently being undertaken, City Staff be directed to request Regional Officials to give immediate consideration to the installation of traffic lights on Queen Street at the intersections of Ontario Avenue and St. Lawrence Avenue. No. 375 - City Manager - Re: Water Restrictions. Commenting on the high level of water used during extended periods of dry weather and advising of the dates when water pressures in the downtown and several residential areas were inadequate for fire protection and general water supply. The report notes that the watering of gardens was prohibited by proclamation on July lath between the hours of 10 a.m. and 9 p.m., except on Sundays. ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that the report be received and filed. No. 376 - City Manager - Re: Site Plan Approval, Proposed Westwood, 75-unit Townhousing Development, Kslar Road; advising that the site plan has been reviewed and accepted by the Site Plan Technical Co~nittee; recommending approval of the site plan as submitted. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received aD~ adopted. No. 377 - City Manager - Re: Purchase of Equipment, Port 2, 1974. Recommending acceptance of the following tenders: 1. One 160 h.p. road grader,Dominion Road Machinery - $44,084.00 2. Three Farm Tractors, S~allwoods Garage, Fonthill, Ont.- $16,591.85 3. One silenced a ir compressor, Compair Canada Ltd.,Clarkson,Ont, - $8,881.00 4. One Sand Spreader unit, Hanover Truck Bodies, Hanover,Ont. - $5,249.00 5. Four Reversible Snow Plows, Frink of Canada, Preston, Out. - $9,644.64 ORDERED on the motion of Alderman Mann, seconded by Alderman Walker that the report be received and adopted. ~ee Resolution No.96 Reports (Cont'd) No. 378 - City Clerk - Advisory Report. The report provides information received from the Minister of State and the Minister of Transport regarding railway relocation; the suggestion from Lundy's Lane United Church regarding the need for an additional senior citizen home; the route of the Warrior's Day Parade sponsored by the Royal Canadian Legion Branch 590; the appointment of the City Clerk to the Board of Directors, Association of Municipal Clerks and Treasurers of Ontario; guidelines suggested by the Ministry of Treasury, Economics and Intergovernmental Affairs for the purchase of Canadian goods and services and a letter from the Greater Niagara General Hospital expressing appreciation for improvements nmd~ to the hospital parking lot. The report also advises Council of an invitation to join the Local Council of Women at a supper meeting in September and an invitation to attend the Battle of Lundy~s Lane Memorial Services on Sunday, July 28th. ORDERED on the motion of Alderman Walker, seconded by Alderman Puttick that the report of the City Clerk be received and filed. No. 379 - City Clerk - Recommending the granting of Municipal Licences. ORDERED on the motion of Alderman Walker, seconded by Alderman Christensen that the report be received and a'dopted and litantes approved. No. 380 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that the report be received and adopted. No. 381 - City Manager - Re: Base Road Construction Contract R.C.19-74. Recommending acceptance of the unit prices submitted by Steed & Evans Ltd. for the construction of base roads in the Woodbridge Acres Subdivision. ORDERED on the motion of Alderman Schisler, seconded by Alderman Walker that the i' report be received and adopted. See Resolution No.97 " RESOLUTIONS No. 92 - WALLACE - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls adopt the development report for the proposed Grassy Brook Park as prepared by Mr. W. H. Palmet and that City Staff be authorized to submit an immediate application to the Ministry of Natural Resources for the approval of the plan in accordance with provisions of The Parks Assistance Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 93 - CHRISTENSEN - SCHISLER - RESOLVED that the bid of Klassen Bronze Ltd. in the amount of $3,987.20 for 448 aluminum street name signs be accepted and the bids of Mechanical Advertising for 224 post caps and post crosses in the amount of $728.00 and $638.40 be accepted; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Thomson voting contrary and all others in fayour. Ca~ied No. 94 - CHRISTENSEN - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of the'City of Niagara Falls for the rezoning of property located at the south side of Jepson Street between Fourth Avenue and Sixth Avenue (formerly the Fifth Ave. road allowance), conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 95 - CHRISTENSEN - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of M. & V. Aiello for the rezontng of property described as Lots 14 and 15, R.P. 62, and located at the southwest corner of Montrose Road and Mulhern Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Rousing; AND the Seal of the Corporation be hereto affixed. Carried with AldermanMann voting contrary. Iz iL - 7 - Resolutions (Cont'd) No. 96 - MANN - WALKER - RESOLVED that the following tenders be accepted: Item ~1 - One (1) 160 h. p. .road grader, Dominion Road Machinery, Goderich,Ont. $44,084.00; Item #2 - Three (3) Farm Tractors, Stallwoods Garage, Fonthill, Ontario, $16,591.85; Item #3 - One (1) silenced a ir compressor, tompair Canada Ltd., Clarkson, Ont. $8,881.00; Item #4 - One (1) Sand Spreader unit, Hanover Truck Bodies, Hanover, Ontario, $5,249.00; Item #5 - Four (4) Reversible Snow Plows, Frank of Canada, Preston, Ontario - $9,644.64; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 97 - SCHISLER - WALKER - RESOLVED that the unit prices submitted by Steed and Evans Ltd. forthe construction of base roads in the Woodbridge Acres Subdivision, Contract R.C.19-74, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 98 - SCHISI~R - FERA - RESOLVED that the next regular meeting of the Council of the City of Niagara Falls be held on Tuesday, August 6, 1974, commencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 99 - PUTTICK - SMEATON - RESOLVED that the best wishes of Council for a speedy recovery be forwarded to Mayor Dent Lackey, Niagara Falls, New York; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 100 - MANN - HARRIGAN - RESOLVED that the Council of the City of Niagara Falls hereby designate the following described areas for designation as Neighbourhood Improvement areas under the Neighbourhood Improvement Program: WOODBINE AREA - Bounded on the east by the rear of properties on the east side of Montrose Road from and including4832 Montrose Road; then northerly to the Hydro Electric Power Commission right-of-way. Bounded on the north by the H.E.P.C. right-of-way. Bounded on the west by the H.E.P.C. right-of-way to the southerly limit of the property known as 8246 Woodbine Avenue. The southerly boundary extending from the westerly lImit of the property known as 84246 Woodbine Ave. (at Kalar Road) to the south-easterly limit of the property known as 4832 Moatrose Road. GLENVIEW AREA - Bounded on the north by a line extending directly east from a :point 200* north of the north-west corner of the property known as 4057 Victoria Avenue to the lands of the Niagara Parks Ccuma, ission; bounded on the east by the Niagara Parks Connission property from the north limit to the south limit of Buttrey Avenue; bounded on the south by the south limit of Buttrey Avenue from the property of the Niagara Parks Commission to the westerly limit of Victoria Avenue; hounded on the west by the westerly limit of Victoria Avenue at a point made by the extension of the south limit of Buttrey Avenue to the south-west corner of the property known as 4167 Victoria Avenue; hence along the Canadian National Railway property line being the easterly limit of such property, to a point 200' north of the north-west corner of the property known as 4057 Victoria Avenue. AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS No. 74-123 - A By-law to amend By-law No. 73-269 to authorize the construction of improvements and extensions to the sewage system in the Urban Service Areas of the City. (The by-law was given first and second readings on June 24, 1974) THIRD READING - Alderman Thomson and Alderman Smeaton. Carried Una,~imously -8- - 9- By-laws (Cont'd) No. 74-145 - A By-law to authorize expenditures for the acquisition of and the construction of a bus maintenance and storage facility by the Greater Niagara Transit Commission. (TWO READINGS ONLY) ORDERED on the motion of Alderman Wallace, seconded by Alderman Christensen that leave be granted to introduce the By-law and the By-law be given a first and second reading. -..~ ......... "- ' ,, Carried Unanimously BY-lAW NOS. 74-146; 74-147; 74-148; 74-149; 74-150; 74-151; 74-152 ORDERED on the motion of Alderman Mann, seconded by Alderman Keighan that the following by-laws be introduced and given a first reading: No. 74-146 - A By-law to authorize the sale of land in the Falls Industrial Park. (Antici Construction - Lots 19 & 20; D. Susin - Lots 12 & 41) No. 74-147 - A By-law to authorize the sale of land. (Tax Arrears Properties) No. 74-148 - A By-law to authorize a subdivision agreement with Double M Realty Limited (Tureski Subdivision - Pansy - Coholan & Vine St. Area) No. 74-149 - A By-law to amend By-laws 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Palls, as amended. (Double M Realty Ltd.) No. 74-150 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of roads. (Woodbridge Acres ) No. 74-151 - A By-law to amend By-law No. 3790 for the regulation of traffic. (Morrison Street) No. 74-152- A By-law to provide monies for generalpurposes. ORDERED on the motion of Alderman Keighan~, seconded-by Alderman Schisler that the following By-laws be now given a second and third reading: No. 74-146 - To authorize the sale of land in the Palls Industrial Park. No. 74-147 - To authorize the sale of land. (Tax Arrears Properties) No. 74-148 - To authorize a subdivision agreement with Double M. Realty Ltd. No. 74-149 - To amend By-laws 2350,1959 and 2530,1960. (Double M Realty) No. 74-150 - To authorize the execution of an agreement withgreed and Evans Ltd. for the construction of roads. No. 74-151 - To amend By-law No. 3790 for the regulation of traffic. No, 74-152 - To provide%monies for general purposes. .NEW BUSINESS DIRECTIONAL ARROWS ON REOIONAL ROADWAYS In reply to questions by Alderman Thomson, the Projects Engineer stated that a new policy has been adopted by Regions1 Niagara and directions1 arrows are. no longer painted at intersections except where the traffic movement is not 'ordinazy movement as, for exsmple, on Drmnmond Hill trsvelling east {o Main Street. It is the opinion of Regional officbds.ths~,the arrows are: costly and do not per£orm any useful function. The psintiug of the arrows on City .roadways is continuing. Aldermsn Thomson suggested the City should have.been informed of the new policy snd requested information as to whether there had · been an unusual number of accidents since. the change in policy end an estimate of the nu~bcr of accidents attributed to the lack of directionsl arrows. The Aldermsn*s motion was seconded by Alderman Puttick end Carried urmnimously. BUILDINGS FOR GRASSY BROOK PARK Alderman Christensen questioned the presence of three frame buildings at the Chippaws Service Centre. The City Manager explained that the buildings had been acquired for the purposes of Grassy Brook Park. MEETING WITH M.T.C. - SIGNING Alderman Thomson enquired as to when the meeting with representatives of the Ministry of Transportation and Communications will be held to discuss directional signing for Highways 420 and 20. Information regarding negotiations for the scheduling of the meeting will be provided to Alderman Thomson. TAX ARREARS PROPERTIES In reply to a question by Alderman Christensen, the City Treasurer indicated a list of tax arrears properties will be presented to Council at the next meeting. BRIAN CRESCENT Alderman Puttick enquired if the City could take action to have the potholes on Brian Crescent repaired. It was indicated that the contractor would be instructed to carry out immediate repairs to the roadway and, failing action, the municipality would undertake the improvements and deduct the costs from the contractor's holdback monies. REPORT ON INDUSTRIAL TRIP The City Manager confirmed that the report on the most recent industrial trip to Germany by representatives of the Business and Industrial Growth Committee would be presented at the August 6th meeting of Council. The question was raised by Alderman Puttick. KITCMEMER ST. - MCDONALD AVE. INTERSECTION ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the Projects Engineer consider the possibility of establishing four way stop regula- tions or other improvements to eliminate the number of accidents occurring at the intersection of Kitchener Street and McDonald Avenue. DISTRIBUTION CENTRE Alderman Puttick referred to a news story regarding the proposed distribution centre and said it was his understanding there would be another meeting before any public announcement. His Worship Mayor Bukator confirmed that the Chamber of Commerce had transferred the option on the property to the company responsible for construction and representatives of the company will be meeting with Council in the near future. MGqROE SUBDIVISION Alderman Puttick enquired if a delay had been encountered in the pro- cessing of the proposed Menroe Subdivision. A discussion was held regarding the cost-sharing arrangements reached with the developer in respect to the installa- tion of a storm sewer on Thorold Stone Road. The City Hansget confirmed that the costs and imposts relating to this particular subdivision, as well as the Westway Subdivision, had been estimated using the existing declaration of policy. The reason for this is that the cost-sharing arrangements were discussed prior to the proposed Declaration of Policy being presented to Council. Be also stated that because of the number of parties involved, negotistions regarding the storm sewer and other items had been rather lengthy. The City Solicitor indicated that the proposed plsn of subdivision had received draft plan approval and the City is awaiting the acceptance of the subdivision servicing .ce. sts ~by the sub- divider befor, e prepe~ing:t~e..subdivide~'S agUeOmenS. ~ WEEHAVEN NURSERY Alderman Puttick questioned the status of the discussions regarding the possibility of acquiring the Bellehaven School property to accumuodate the Weehaven Nursery School. The City Manager indicated a report would be submitted to Council at the next meeting. - 10 - The meeting adjourned to Con=aittee of the Whole on the motion of Alderman Smeaton, seconded by Alderman Schisler. READ AND ADOPTED, Mayor COFfi~ITTEE OF THE WHOLE Committee Room #1, July 22, 1974. Council met in Committee of the Whole on Tuesday, July 22, 1974. All Members of Council were present with the exception of Alderman Hunt. Alderman Wallace presided as Chairman. Following consideration of the items presented, it was moved by Alderman Schisler, seconded by Alderman Thomson, that the Cormnittee of the Whole arise without reporting. READ AND ADOPTED, Mayor COUNCIL MEETING Committee Roan ~1, July 22, 1974. The Council reconvened in open session following a meeting of the Committee of the Whole on Monday, July 22, 1974. All Members of Council were present with the exception of Alderman Hunt. His Worship Mayor George Bukator presided as Chairman. The meeting adjourned. READ AND ADOPTED, TWENTY-FOURTH MEETING Council Chambers, August 6th, 1974. REGULAR MEETING Council met on Tuesday, August 6, 1974, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Aldermen Christensen, Hunt and Puttick. His Worship Mayor George Bukator presided as Chairman. Alderman Smeaton offered the Opening Prayer. ADOPTION OF MINUTES The minutes of a regular meeting of Council held July 22, 1974, were adopted as printed on the motion of Alderman Mann, seconded by Alderman Smeaton. DEPUTATION PARKING IMPROVEMENTS Mrs. Judy Loberg, President of the Chamber of Commerce, was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Thomson. Mrs, Loberg commented on the urgency for convenient parking lots in the vicinity of the City's commercial core areas, While the need for plazas is recognized, she said, established shopping districts such as Queen St., Centre St. and the Main and Ferry areas can and must play a distinct part in the City's shopping trends. These cores must be maintained and City Officials should continue to work in close cooperation with business groups. Mrs. Loberg commended elected officials and staff on the progress that is now being made, particularly in the area of Queen St., the new market on St. Clair Ave. and adjoining parking lot and the plans for another large lot on Park Street. Mrs. Loberg indicated that the Chamber of Commerce is anxious, ready and willing to work with City Officials and merchants to generate logical ideas to assist and expedite projects for improve- ments to established commercial areas. His Worship Mayor Bukator expressed the appreciation of Council for the cooperative attitude of the Chamber of Commerce and thanked Mrs. Loberg for her remarks and commendation on the progress made. ORDERED on the motion of Alderman Keighan, seconded by Alderman Fera that the brief presented by Mrs. Loberg on behalf of the Chamber ,of Commerce be received and filed. UNFINISHED BUSINESS V.R0~SI - REZONING APPLICATION Report #330 - Planning & Development Committee - Re: A~-26/74,V.Rossi. An applica- tion to permit development of a four-unit dwelling on the east side of Grey Ave., :approximately 200 it. south of Ferry St. Recommending denial of the application. The City Clerk advised that the solicitor for the applicant had requested that the application be withdrawn in view of the objections received. A n~w plan will be submitted at a later date. ORDERED on the motion of Alderman Thomson, sacsned by Alderman Keighan that the report of the Planning and Development Committee be received and filed and deleted from the agenda. WEEHAVEN NURSERY Report #382 - City Manager - Re: Bellehaven School. Referring to a conununication from the Niagara South Board of Education enquiring ss to whether the City would be interested in acquiring the Bellehaven School on Bellevue Street and subsequent discussions regarding the possibility of the property being used for the Weehaven Nursery School; advising that representatives of the Greater Niagara Association for the Mentally Retarded and the Ministry of C~,unity and Social Services have reviewed preliminary plans and agreed that the Bellehaven School property is desirable and suitable for the Weehaven Nursery School program. The report also notes that 100% of the capital cost will be paid by the Government of Ontario. Reconsnending that the City Manager be authorized to negotiate with the Niagara South Board of Education, on behslf of the Greeter Niagara Association for the Mentally Retarded, to acquire the Bellehaven School property for the Weehaven Nursery School. ORDERED on the motion of Alderman Thanson, seconded by AldermmSchisler that the report be received and adopted. - 2- Unfinished Business (Coni'd) PURCHASE OF WATER AT STANDPIPE LOCATED IN CHIPPAWA AREA Conm.~91 - Logan~Kntght,McDermid & McDoDald - Re: Request of Mr.G.Taylor for right to use a water standpipe located in the former Village of Chippawa on a public road allowance, for the purpose of delivering water to rural residents of the area. Report #364 - City Manager - Providing background information regarding the availability of water at the existing standpipe and the purchase of water by various individuals for delivery to residents of rural areas. The report questions the advisability of granting s franchise to one operator as well as the responsibility of costs incurred if the facility is modified to accommodate more than one operator. Report ~ 383 - City Manager - Advising that a coin operated meter, less installa- tion costs, is available at an estimated cost of $1,500.; suggesting the costs involved in modifying the existing facilities would equal the cost of installing an e~drely new standpipe and suggesting an area adjacent to the new Niagara South Recreation Complex would be more suitable; suggesting two alternatives to resolve the problem:(a) agreement by both parties wishing to use the standpipe to reach an amicable and workable solution between themselves; each operator accurately recording the number of loads taken f~om the standpipe each day and (b) the municipality proceed with the installation of a new facility. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that solicitors for the water retailers be granted leave to address Council. Mr. MacBain, representing ~. E. Stewart and Mr. MacDonald on behalf of Mr.G.Taylor indicated that both parties were In agreement with alternative "a" as suggested in the report and were of the opinion that the matter can be resolved on an amicable, workable basis. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report of the Clty Manager be received and Council approve alternative "a" as outlined in the report. ST.PAUL/PORTAGE/SWAYZE IIf~ERSECTION IMPROVEMENT STUDY Report ~384 - Planning and Development Committee - Re: Neighbourhood Plan Alternative '~" of the St.Paul/Portage/Swayze Intersection Study. The report recommen~ approval of the Neighbourhood Plan,Alternative "A" and that considera- tion be given to extending the study to include Ohurch's Lane 400 feet east from Portage Road and 400 feet west fromSt. Paul Street. i ORDERED on the motion of Alderman Keighan, seconded by Alderman Thomson that the report be received and adopted. DECIARATION OF POLICY ON SUBDIVISIONS Report #385 - City Manager - Re: Declaration of Policy on Subdivisions. Advising that of the large number of changes suggested by developers and builders, staff can only Justify recommending altering the draft policy'relating to such items as radii on street corners, timing of curb and gutter construction, stripping of the road allowance, looptug of watermains, footpaths and fencing, impost rates, rear yard drainage, letters of credit and engineering layout work. The report reconlnends: 1) that the suggested changes be incorporated into the proposed Declaration of Policy for Development of Subdivisions for a final decision by. Council on August 19th, 1974. 2) that the existing impost for c~,~.ercial blocks remain at $2,000. per acre., and be reviewed at a later date, together with the levy under By-law 73-267 (former By-law 7611) as amended, and the new provisions of the Planning Act relating to development and redevelopmant; 3) that the new policy be applied to all subdivisions which have not received "draft plan approval" from the Ministry of Housing by August 6, 1974 and those that h~Ve,recetved draft plan approval be given until November 25,1974, to enter into the required Subdivision Agreement and deposit the initial costs with the City unless, in the opinion of Council, extenuating circumstances warrant an extension. During discussion of the matter several questions were raised by m ambers of Council and further clarification was provided by the City Manager. It was then moved by Alderman Walker, seconded by Alderman Wallace that the report of the City Manager be received and adopted. The motion Carried unanimously. - 3- C OMMUN ICAT IONS No. 96 - Mr. Vin Johns- Suggesting that all City parks should have an appropriate sign clearly stating the name of the park; suggesting the placing of name signs on parks large enough to be read by passing motorists. The City Manager stated that members of staff are presently working on a design for park signs which can be identified with the City of Niagara Falls and a report including sketches and cost estimates will be submitted to Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the communication be received and filed and Mr. Johns be notified of the pending report. No. 97 - Niagara Regional Agricultural Society - Requesting permission to erect temporary signs on fences advertising the Niagara Exhibition, September 10 - 15, 1974. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that the communication be received and permission to erect fence cards be granted providing the Society conforms to the provisions relating to the erection of temporary signs, with particular emphasis on their removal within one week following the exhibition. No. 98 - Canadian Tire Corporation - Commenting on the heavy vehicular traffic at the intersection of McLeod and Dorchester Roads and suggesting the installation of traffic lights. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Smeaton that the con~unication be received and filed and Regional authorities be requested to undertake an immediate study regarding the installation of traffic lights at the intersection of McLeod Road and Dorchester Road and that Mr. Henderson, Manager, Canadian Tire Corp. Associate Store be advised of the action of Council. No. 99 - John G. Grasskemp - Re: Urban Development Boundaries - City of Niagara Falls - 1971 to 1991. Enumerating reasons and providing backgrou~relating to the decision of the Regional Planning and Development Committee to consider new development boundaries for the City of Niagara Falls, being Kalar Road to the west and at Bigger Road, Logan Road and Weaver Road to the South. The communica- tion notes that the main objective of the draft Regional Official Plan is the "Separate City Concept"; the preservation of agricultural lands; cost of servicing; outward expansion vs inward redevelopment; industrial policy;residential acreages; transportation policy and regional planning vs local planning. Report No. 386 - City Manager - Re: Urban Service Area Boundaries Map. Noting that the presentation presented by the City of Niagara Falls indicatei the planning that has resulted in many millions of dollars being invested by the private sector as well as the Region and the City, in the provision of the land and services in order to provide for the orderly growth of the City as planned through the passing of Official Plan Amendment No. 43; advising that Planning Director Alan Veale has recommended to the Planning and Development Conmittee of the Region that the Urban Service Area Boundaries Map for the City of Niagara Falls be approved according to the City's present Official Plan; recommending that Council re-affirm previous planning decisions end the present Official Plan urban area boundaries be incorporated into the Region's proposed Urban Service Area Boundaries Map for the ~ity of Niagara Falls. Mayor Bukator commented on the previous decisions of Council with respect to limiting the westerly development of the City to 1100' west of Kalar Road; the passing of Official Plan Amen~nt No. 43 and the subsequent approval by the Ontario Municipal Board. He expressed theopinion that the suggestion of Councillor Oraaskamp that development west of Kalar Road be curtailed and the boundary be established in the middle of the roadway was uneconomical and the provision of underground services for one side of the roadway was impractical. In respect to Mr. Graaskamp's suggestion that a larger green buffer area be maintained between St.Catharines and the City of Niagara Falls, the Mayor suggested the existing boundaries provide ample ,teen ares between adjacent municipalities. He also noted that the Regional Planning Director, A. Veals, in a memorandum to the Planning and Development Coua~lttee, agreed with the City's position and also indicated support of expansion of the urban service area boundaries to the south of the Chippaws area in the future. It Was the view of Alderman Wallace that while Councillor Grasskemp had every right and a duty to express opinions and suggestions concerning matters of interest to the City, such opinions are his own and have frequently been very diver,ant end do not coincide with the opinion of the majority of Council members and of City Staff. The Alderman was critical of the fact that Mr. Graaskamp's proposal was presented to the Regional Planning & Development Committee without previous consultation with Council or Staff, He stated the proposed adjustment to the west urban development boundary would be folly in view of the approval of Amendment No. 43, the monies already expended, the planned services for the area end the fact that the suggested boundary would eliminate a portion of the City's industrial lands. Cons.#99 (tout'd) and Report #386 -4- Other members of Council expressed their views: Alderman Keighan being critical of the fact that aIthough Mr. Graaskamp's conmunication was addressed to Council, it had been previously presented and discussed by the Regional Council; Alderman Harrigan stressed the importance of the City's plan for the south-west industrial basin; Alderman Smeaton reiterated his concern about a small part of the north-west area but indicated support of expansion to the south of the Village of Chippaws. The Alderman indicated he ( would not Jeopardize industrial possibilities and development in the westerly sectic Councillor Graaskamp was granted permission to address Council on the motion of Alderman Schisler, seconded by Alderman Mann. Mr. Grsaskamp reviewed the contents of his communication and stressed the need to preserve agricultural lands. He said that examination of s land map indicates all land north of the Welland River is of higher agricultural value than land in the Willoughby or Crowland areas. Any development west of Kalar Road, he said, will ruin farmlands. He suggested that consideration be given to the formation of an agricultural co~m~ittee to help farmers with reorgani- zation of the remaining farm acreage and produce necessary food and dairy products. It was the opinion of the speaker that development of three areas, namely, south of Chippawn, west of Kalsr Road and in the north-west area of the City is not economical. Re noted that the greater part of the capital budget provides for "outward growth" with insufficient funds remaining for "inward development". Alderman Keighan suggested that inward redevelopment of the City is not being ignored, pointing oat that two areas within the City have been designated for improvements with the participation of the provincial and federal governments. Following the lengthy discussion, it was moved by Alderman Keighan, seconded by Alderman Rarrigan that Mr. Graaskamp's letter be received and filed. The motion Carried unanimoasly. It was then moved by Alderman Harrigan, seconded by Alderman Keighan that the report of His Worship Mayor George Bukator be received and adopted and the Council of the City of Niagara Falls re-affirm previous decisions relating to the establishment of the urban service area boundaries for the City and the existing boundaries be incorporated into the Region's proposed urban service area boundary map for the City with a provision that consideration be given to the future expansion of the southerly boundary of existing Urban Service Area No. 2 (Chippaws). The motion Carried unanimously. REPORTS No. 387 - City Manager - A Statement of Revenue and Expenditures for the six months ended June 30, 1974 for tax supported services, water and parking operations. Alderman Mann noted that payments from other governments amounted to $77,625. for the six-month period as compared to a total amount of $962,800. indicated in the 1974 budget and suggested the low payment places the CIty in a borrowing position. The Alderman enquired if such agencies receive an interim billing at 1% as are individual homeowners. The City Treasurer confirmed that government agencies will be sent interim bills in future years, however the revenue represents grants in lieu of taxes and is not subject to penalties. He also advised that additional monies have been received since June 30, 1974. Alderman Mann requested a report from the City Treasurer regarding thepossibility of preparing a resolution respecting the payment of tax penalties by government agencies. In reply to questions by AldernmnWallace, the City Treasurer stated that existing legislation limits the amount of an interim levy to 50% of what is realized from the previous year's residential public school rate. -ORDERED dn the motion of Alderman Mann, seconded by Alderman Thomson that the report of the City Manager be received and filed. No. 388 - Planning and Development Committee - Re:AM-15/74 Corald Development Ltd., Pt.T~p.Lot 116, west side Hontrose Road,north of Watson Street. A rezoning applica- tion to permit the construction of a three-storey, 47 unit apartment building; recommending approval of the application subject to e site plan agreement and, · £urther, 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 Mann, seconded by Alderman Walker that the report be received and adopted, See Resolution No. 101 L_ - 5 - Reports (Cont'd) No. 389 - Planning and Development Committee - Re: Canadia Lands and Draft Zoning By-law. An advisory report regarding future development of the site; advising that a Neighbourhood Plan Concept and necessary modifications to the Official Plan and Zoning By-law have been prepared and will be circulated to residents of the area for a special public meeting to be held in the latter part of August. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that the report be received and filed. No. 390 - City Manager - Re: T.J.Hishon - East side Sodom Road - Site Plan for Proposed Restaurant. Advising that the plan complies with all normal conditions and recommending approval of the site plan. ORDERED on the motion of Alderman Mann, seconded by AldermsnSchisler that the report be received and adopted. No. 391 - City Manager - Re: Proposed Plan of Subdivision, Group 2 Development Ltd., "Theresa Extension II Subdivision". Reconmending preliminary approval of the proposed plan subject to six conditions enumerated in the report. ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that the report be received and adopted. No. 392 - City Manager - Re: Proposed Plan of Subdivision, River Realty Development Ltd., 'Nestway Estates", south side of Thorold Stone Road, west of Montrose Road. Recommending preliminary approval of the proposed plan subject to eleven condi- tions enumerated in the report. During discussion of the report several members of Council shared Alderman Smeaton's concern about the number of 40-foot lots included in the plan of subdivision. It was then moved by Alderman Wallace, seconded by Alderman Fern that the report of the City Manager be received and filed and, because of the indicated number of 40-foot lots, the application be denied. The motion Carried with the following votes: AYE: Aldermen Fern, Harrigan, Smeaton, Walker, Schisler, Wallace. NAYE: Aldermen Mann, Keighan and Thomson. No. 393 - City Manager - Re: Data Processing Equipment used in the Treasury Department; suggesting the equipment should now be up-dated with new equipment; suggesting that because the 1974 budget does not provide funds for the purchase of such equipment, the following action be taken: (1) the necessary programming, forms design, etc. be undertaken by staff over the remaining portion of the year and (2) a purchase agreement be entered into with NCR for the required equipment with a delivery date set for January,1975, all subject to the approval of the 1975-76 City Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received and adopted. No. 394 - City Manager - Request to close an unopened road allowance between Concessions 1 and 2 of the former Twp.of Willoughby,former Village of Chippawa. Recommending approval of the closing of the subject road allowance and its con- Veyance to the purchaser of adjoining properties, Mr.Ashak Merani; recommending further that the road closing be made on the understanding that all costs ~ill be assumed by the parties requesting the closing. ORDERED on the motion of Alderman Mann, secondedby Alderman Keighan that the report be received and adopted. No. 395 - City Manager - Re: Closing of Part of Branchard Road, 'Mount Forest" Subdivision. Recommending that staff be authorized to initiate the steps necessary for the closing of that section of Branchard Road located within the limits of the proposed '~iount Forest" Subdivision on condition.that the subdivider assume the road closing costs. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wa 1lace that the report be received and adopted. No. 396 - City Manager - Re: EncroaChmerits - Market Street. The encroachments occur at the rear of 4323 Queen Street, site of the Metropolitan Store. Recommending that the City Solicitor be authorized to prepare a by-law permitting the encroach- ments subject to the following conditions: (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 Smeaton, seconded by Alderman Schisler that the report be received and adopted. -6 - Reports (Coni'd) No. 397 - City Mansger- Re: Winter Capital Projects Fund. Reconmeending approval of three resolutions to allow application for three projects under the Winter Capital Projects Fund, namely, Dorchester Road Sanitary Sewer; Dorchester Road Storm Sewer and Local Improvement Storm Sewers. ORDERED on the motion of Alderman Schisler, seconded by Alderman Keighan that the report be received and adopted. See Resolutions Nos.102,103 & 104 No. 398 - City Manager - Re: Lease of Hydro Property - Stanley Avenue. Recommending that, in order to provide land for parking and storage purposes at the municipal service centre, the City enter into a litante agreement with Ontario Hydro for the use of a 1.6 acre parcel of land on the east side of Stanley Avenue at an annual rental of $1,375.00 providing two clauses, namely,'~ot impoverish or depreciate the soil'~nd"to leave the land in good condition" are deleted from Schedule "s" to the agreement; suggesting further that Hydro officials be asked to consider the possibility of permitting the City first right of refusal should the land be offered for sale and, if the City purchase the land, the total amount paid in rentals be deducted from the purchase price. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and adopted. No. 399 - City Manager - Re: Market Building. Providing the names of contractors who submitted bids for the construction of the proposed market building on Park St. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the report be received and filed and the contract for construction of the market building be awarded to the low tendeter, W.Benson & Son Limited in the amount of $82,586. See Resolution No. 105 No. 400 - City Manager - Re: Pavement Markings at Intersections. Submitting information concerning the practice of painting arrows on multi-lane approaches to intersections within the City; recommending the Regional Public Works Dept. be requested to amend their practice concerning the placement of pavement arrows so that all lanes of multi-lane intersection approaches on heav~ytravelled tourist routes in the City of Niagara Falls be fully marked. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted and the Region be notified that Council is not in fayour of their practice of painting pavement arrows only on intersection approaches which have a nonstandard movement. No. 401 - City Manager - Re: Parking on Cotfield Road. Referring to the new parking lot created by Marineland along Portage Road east of Cotfield Road and the visibility problems when cars are parked on Corfield Road in the vicinity; reconnuending that the temporary parking prohibition on both sides of Corfield Road from Portage Road to the railway tracks be made permanent and that parking be prohibited at all times on both sides of Cotfield Road from Portsge Road 600' southerly. Aldermen Thomson expressed~,concern that the prohibition of parking on Cotfield Road would not solve the existing over-all parking problems in the Vicinity of Marineland. Re c~muented on the dangerous situation at the inter- section of Corfield Road and Portage Road and noted that vehicles are now parking on either side of Portage Road, on Niagara Parks property and on grassy areas. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report of the City Manager be adopted on the understandlug that a complete study will be made of the traffic situation on Portage Road salt relates to the operation of Marineland. 'No. 402 - City Manager - Re: Intersection of McDonald Avenue sad Kitcharier St. An advisory report regardin8 traffic conditions at the intersection and the number of reportable collisions; suggesting that the removal of e No Parking 'sign and the installation of oversized stop signs, the number of collisions should be measurably reduced; advising that statistics regarding collisions at the intersection will be carefully watched. In view of the absence of Alderman Patrick, it was moved by Alderman Mann, seconded by Alderman Harrigsn that the report be received end tabled for consideration at a future meeting. The motion was Defeated with the following Vote: ../~: Aldermen Fera,Reighen,Smeston,Schisler,Wslker,Thomson,Wellece. A~Y~I~ Aldermen Mann an4 ltsrri~n. - 7 - Report #402 (Contd) ORDERED on the mot ion of Aldermen Schisler, seconded by Alderman Thomson that the report be received and filed. The motion Carried with the following vote: ~YE: Aldermen Fera,Keighan,Smeaton,Schisler,Walker,Thomson,Wallace. NAYE:Aldermen Mann and Harrigan. No. 403 - City Manager - Re: Sale of Used Equipment. Submitting a list of superfluous equipment; recommending the equipment be sold by auction if arrangements could be made for September; otherwise, recoFanending that the Engineering Depar~nent be authorized to arrange a sale by tender. ORDERED on the motion of Alderman Mann, seconded by Alderman Wallace that the report be received and adopted. No. 404 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Keighan, seconded by Alderman Thomson that the report be received and adopted and licences granted. No. 405 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Aldermen Walker, seconded by Alderman Schisler that the report be received and adopted. RESOLUTIONS No. 101 - MANN- WALKER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Corald Developments Ltd. for the rezoning of property known as Pt.Twp.Lot 116, west side Montrose Road, north of Watson Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslz No. 102 - WALLACE - 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 to the following project, namely, DORCRESTER ROAD SANITARY 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-mention Memorandom; AND WHEREAS the project would be a previously planned project or a project underway on which construction will be accelerated to create substantial additional employ- ment through to May 31, 1975; AND WHEREAS the other requirements of the above-mentioned Memorandum have been complied with; N(M THEREFORE BE IT RESOLVED that application be made to The Treasurer of Ontario for a loan in the amount of $30,000 to assist in the financing of the project under the Winter Capital Projects Fund; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslz No. 103 - WALLACE - WALKER - RESOLVED that WHEREAS the Council of the City of Niagara Fails 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, DORCHESTER ROAD 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 s project already under way on which construction will be a~celerated to create substantial additional employment through to May 31, 1975; AND WHEREAS the other requirements of the above-mentioned Memorandom have been complied with; N(~/THEREFORE BE IT RESOLVED that application be made to the Treasurer of Ontario for e loan in the amount of $60,000 to assist in the financing of the project under the Winter Capital Projects Fund; AND the Seal of the Corporation be hereto affixed. Carried Unanimous1X 8 Resolutions (Cont'd) No. 104 - WALLACE - 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 ss described in the Memorandum of the Treasurer of Ontario dated March 1, 1973, in respect to the following project, namely, LOCAL IMPROVEMENT STORMSMRS, hereinafter referred to as "the project"; AND WHEREAS the project is, in the opinion of the Council, s 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 additional employment through to May 31, 1975; AND WHEREA~ 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 $182,500. to assist in the financing of the project under the Winter Capital Projects Fund; AND the Seal of the Corporation be hereto affixed. Carried Unanimous ly No. 105 - THOMSON - WALLACE - RESOLVED that the contract for the construction of a proposed market building on Park Street be awarded to the low tendeter, W. Benson & Son Limited in the amount of $82,586.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS No. 74-86 - A By-law to authorize improvements to the electrical power distribu- tion system of the City. (The By-law was given first and second readings-on May 31, 1974). THIRD READING - Alderman Mann and Alderman Thomson. The motion Carried unanimously with all members of Council and His Worship Mayor Bukator. voting. No. 74-153 - 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 Schisler, seconded by Alderman Wallace that leave be granted to introduce the By-law and the By-law be given a first and second reading. Carried Unanimously BY-LAWS NOS. 74-154; 74-155; 74-156;74-157;74-158;74-159;74-160;74-161;74-162;74-163 ORDERED on the motion of Alderman Ketghan, seconded by Aldermen Harrigan that the following By-laws be introduced and given a first reading: No. 74-154 - A By-law to designate redevelopment areas (Glenview and Woodbine Areas){ No. 74-155 - A By-law to authorize the execution of a site plan agreement with Corald Developments Limited. (West side of Montrose Road) No. 74-156 - A By-law to amend By-law No. 2530,1960 of the former Township of Stamford, as amended. (Cotaid Developments) No. 74-157 - A By-law to authorize the execution of a site plan agreement with Charles L. Godsell. (Pt.T~p. Lot lOT,south side of Morrison Street) No. 74-158 -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. (Godsell) No. 74-159 - A By-law to authorize a subdivision agreement with Langendoen Invest- ments Limited. (ets.l~ep.Lots 21 & 22,Second Concession, former l~p. of Willoughby). L_ - 9- By-laws (Coni'd) No. 74-160 - A By-law to amend By-law No. 974 (1955) of the former Village of Chippawa, now in the City of Niagara Falls, as amended. (Langendoen) No. 74-161 - A By-law to amend By-law No. 73-1 providing for appointments to certain Boards, Commissions and Con~nittees. (Recreation Commission) No. 74-162 - A By-law to amend By-law No. 7531, being a By-law to provide for the erection of Stop Signs at Intersections. (Douglas St.,Douglas Cr., St. Patrick Ave.,Maplewood Ave.,Nancy Drive,Springda le Ave., Churchill St.,Law Ave., Ellis St., Gall Ave., Dalcin Ave., Loyalist Ave.) No. 74-163 - A By-law to provide monies for general purposes. Carried UnanimousiF ORDERED on the motion of Alderman Keighan, seconded by Alderman Fera that the following By-law be now read a second and third time: Nos. 74-154; 74-155; 74-156; 74-157; 74-158; 74-159; 74-160; 74-161~ 74-162~ 74-163. CARRIED UNANIMOUSLY NEW BUSINESS POLLUTION - WELLAND RIVER Alderman Mann questioned the necessity of posting that section of the Welland River west of the Penn Central railway bridge. He asked if information could be obtained regarding the decision of the Niagara Regional Health Unit to prohibit swimming in this area. Alderman Thomson advised that samples taken by the Health Department indicated that sewage is being discharged into that particular area and affecting the q~mlity of the water along one side of the River. The situation is considered temporary and should be under control within a month. STANLEY AVE. BETWEEN FERRY ST. & Q.E.W. Alderman Smeaton noted the excessive speeds of vehicles using that section of Stanley Ave. between Ferry St. and the Q.E.W. and expressed concern for the safety of school children who must cross the roadway to attend St.Ann's and Memorial schools. It was moved by Alderman Smeaton, seconded by Alderman Schisler that Regional Niagara be asked to investigate traffic conditions on that section of Stanley Ave. between Ferry St. and the Q.E.W. with a view to providing a controlled pedestrian crossing, the erection of speed limit and school crossing signs and reeonsideration of the parking prohibition on both sides of Stanley Ave. in this particular area. The motion Carried unanimously. ADJOURNMENT The meeting ad] ourned at 10:45 p.m. on the motion of Alderman Thomson, seconded by Alderman Fera. READ AND ADOPTED, Mayor T~ENTY-FIFTH MEETING Committee Room ~1, August 19, 1974. COMMITTEE OF THE WHOLE 7:20 P.M. Harrigan. Council met in Committee of the Whole on Monday, August 19, 1974, at All Members of Council were present with the exception of Alderman Alderman Mann presided as Chairman. Following consideration of the item presented, it was moved by Alderman Hunt, seconded by Alderma~Schisler that the Cor~nittee of the Whole arise without reporting. READ AND ADOPTED, REGULAR MEETING Council Chambers, August 19, 1974. Council met on Monday, August 19, 1974, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present with the exception of Alderman Harrigan. Alderman Keighan offered the Opening Prayer. ADOPTION OF MINUTES The minutes of a regular meeting of Council held August 6, 1974, were adopted as printed on the motion of Alderman Mann, seconded by Alderman Hunt. PRESENTATIONS TRAINING COURSES ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report of the City Manager, itemized as No. 19 on the agenda, be brought forward for considerstion at this time. Report No. 406 - City Manager - Re: Training Courses. Recommending that dertifi- cates be presented to those individuals who have successfully completed various courses offered in municipal engineering. His Worship Mayor Bukator presented certificates to the following members of the Engineering Department: F. Higgins, D. Good, R. Keleher, F.Mazzet, R.Cerminara, D. Costello, J. Bernardi, A. Pierson, J. Grice, J. Marshall, G.Emery, N.Downer, A. Strange, Z. Ali, S. Iorfids. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the successful participants in the various courses be congratulated and commended and the report of the City Manager be received and filed. DEPUTATION BUSINESS AND INDUSTRIAL GROWTH COMMITTEE Corm. No. 100 - Business and Industrial Growth Committee - A progress report and review of the operations of the Committee. Lmembers of Council. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeston that Mr. L. GriSorof£ be 8rented permission to address Council. Mr. Grigoroff introduced the members of the Committee in attendance end reviewed the highlights of the report, copies of which had been provided to - 2- B.I.O.Committee (Cant'd) Mr, Grigoroff commented on the highlights of the report noting the Industrial Department's efforts in assisting local firms; new manufacturing firms locating in Niagara Falls; expansion of local industry; extension of the Falls Industrial Park, the Distribution Centre as well as the report on industries attributed to the industrial trips to Germany. The communication was received and filed and the B.I.G. Committee and the Industrial Department staff were conmended for their efforts on behalf of the City on the motion of Alderman Keighan, seconded by Alderman Thomson. The motion Carried unanimously. UNFINIS}~D BUSINESS DECLARATION OF POLICY FOR SUBDIVISIONS Report 9 407 - City Manager - Submitting the final draft of the Declaration of · Policy for Subdivisions and advising that 'Council.'s adoption of the City's official policy will now be in order. Comm. 9101 - Group 2 Development Ltd. on behalf of eight developers - Re: Proposed New Subdivision Policy. Requesting that the policy be tabled for two weeks to allow developers to make a presentation on important matters which should be pointed out to members of Council. ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson that the final draft of the Declaration of Policy for Subdivisions be tabled for two weeks on the understanding that a final decision will be made at that time. The motion Carried with Alderman Keighan voting contrary and all others in fayour. SHRINER'S CREEK Report 9408 - City Manager - Suggesting that a special meeting, open to the pnblic, be held on Monday, Angust 26, 1974, at 7:30 p.m. to discuss information pertinent to the development of Shriner's Creek and areas drained by this system. ORDERED on the motion of Alderman Christensen, seconded by Alderman Puttick that the report be received and adopted. It was suggested by Alderman Puttick that the Planning and Development Committee of Regional Niagara also be notified of the meeting. REZONING APPLICATION - DOUBLE M REALTY (PANAY REALTY) Report 9409 - City Clerk - Advising that as a result 9f the usual notification procedure, one letter of objection was received regarding the rezoning of the property located at the east end of Vine and Coholan Streets and west of the C.N.R. right-of-way; requesting the directions of Council. ORDERED on the motion of Alderman Thanman, seconded by Alderman Hunt that the report be received and filed and, notwithstanding the objection received, Gouncil reaffirm an earlier decision to approve the application and the applica- tion, together with the objection, be forwarded to the Ontar~o~Municipal Board for consideration. COMMUNICATIONS No. ~102 - Downtown Business Improvement Ares - Board of Management - Requesting the installation of mercury vapour lights. 'Report ~410 - City Manager - Re: Street Lighting on Queen Street. Advising that Niagara Falls Hydro has estimated the cost of replacing the flUorescent street lights on Queen St. at $8,500.; recommending the purchase of. mercury yapour lighting units. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted and the communication from the Do~nto~n.Business Improvement Area be received and filed. No. 103 - Ministry of Mousing - Ontario Housing Corporation - Suggesting Council authorize Ontario Rousing Corporation to proceed with a proposal call for the Community Integrated Housing Program which is sn expansion of the basic Rent 'Supplement Program; advising that a forms1 resolution requesting rental housing accommodation for families and senior citizens on e geared-to-income basis is required. ORDERED on the motion of Alderman Themson, seconded by Alderman Christensen that the c~nmunicse/on be received and filed and Council approve the passing of the See Resolution No. 106 - 3 - REPORTS No. 411 - City Manager - Referring to an approved site plan and zoning by-law to permit the operation of an animal hospital on the south side of biorrison Street byMr. C.L.Godsell; submitting a report of the Planning AdministratDr recommending adoption of the report and that Council certify, by resolution, that the applica- tion conforms to Official PlanAmendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the report be received and adopted. See Resolution No. 107 No. 412 - Planning and Development Committee - Re: AM-49/73, A. Galati, Pt.Twp. Lot 139, south side Lundy's Lane. An application for a change in zoning to permit the extension of the Space Motel and a garage storage addition; recommend- ing approval of the application subject to a site plan agreement and 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 Mann, seconded by AldermmmSmeaton that the report be received and adopted. See Resolution No. 108 No. 413 - Planning and Development Con~ittee - Re: AM-17/74,Mrs.F.Biletchi, ~ Lot 37,R.P.31, south side Fraser Street. A zoning change from Industrial 2 to single family residential will permit infilling in an area developed as residential; recommend ing approval of the application and that Council certify, by resolution, that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. See Resolution No. 109 See By-law No. 74-169 No. 414 - Planning and Development Connnittee - Re: AM-18/74,A.Djurkovic, 5624 Temperance Ave., south-east corner North St. and Temperance Ave. The requested rezoning would permit the owner of the property to convert an existing double garage into a flower shop; recommending that the application be denied. NOTE: AldermanWalker declared a conflict of interest and absta ined from voting. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Christensen that the report be received and adopted. The motion Carried with Alderman Walker abstaining. No. 415 - Planning and Development Con~nittee - AM-29/74,G.Rittman,Pt. Lot 4,R.P.57, north side Lundy's LAne. A rezoning application to permit conversion of an existing two-unit dwelling to a beauty salon and two rental units; recormmending denial of the application. The City Clerk advised that residents of the area had requested a two-week postponement of consideration of the report as they were unable to attend this meeting. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and tabled for two weeks. No. 416 - Planning and Development Committee - Re: Development Proposal for O.H.C. Lands west of Montrose Road in the Munro Neighbourhood. Commenting on attempts to introduce a new housing concept to create a neighbourhood of high standard and to provide housing at a more moderate cost than is presently available; advising that a subdivision layout has been prepared and includes single family housing, on-street townhousing and rental unit townhousing; recommending that the concept be presented to Count il and, with Council's approval, a bus trip be arranged to via it a similar O.H.C. project in Bramalea. The Deputy Planning Administrator outlined the proposal for the 43-acre site, the road design and the plan to construct housing units on sites in such a manner ss to create sections of innovative housing. The street concepts, he ssid~ are based on zero lot line single family housing, on~street ~ownhousing, rental unit townhousing and single family housing. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and the proposed visit to the Branmlea project be spproved. -4- Reports (Cont'd) No. 417 - City Manager - Re: Proposed Plan of Subdivision, Klydel Holdings Ltd., 'Nestwood Village 2". Recon~nending preliminary approval subject to ten 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 Thomson, seconded by Alderman Mann that the report be received and adopted. See Resolution No. 110 No. 418 - City Manager - Re: Proposed Plan of Subdivision, Group II Developments Ltd., "Frontenac Woods Extens ion". Recommending preliminary approval of the proposed plan subject to five 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 Mann, seeonded by Alderman Thomson that the report be received and adopted. See Resolution No. 111 No. 419 - City Manager - Re: Proposed Plan of Subdivision, Demote Builders Limited, 'q~acDonald Subdivision". Recommending preliminary approval of the proposed plan subject to four conditions enumerated in the report. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the report be received and adopted. No. 420 - City Manager - Re: Sale of Lot 33, Falls Industrial Park. Reconnending that Council authorize the sale of Lot 33 to Mr.Noel Jenkinson and Mr.Ralph J. Pepin at a total cost of $9,310.; recommending further that an agreement be prepared authorizing the company to have access to the Welland River through City-owned property for use by the Georgian Steel Boats Division of Abicon Limited; recommending further that the City Solicitor be authorized to draw the necessary documents with regard to the sale of the land and the use of the half-acre City lot on the Welland River. ORDERED on the motion of Alderman Christensen, seconded by Alderman Fera that the report be received and adopted. No. 421 - City Manager - Re: Properties acquired by the City through tax sale or tax registration procedures; submitting a list of properties acquired through non-payment of taxes and not presently being used for a specific municipal purpose, together with sketches indicating size and location; reconmlending that properties shown as Parcels 4,6,7,8,11,14 & 15 be advertised for sale with the provision that the City shall not be obligated to accept the highest or any offer; submitting also a tentative list of conditions of sale; recommending that all parcels of land, where an existing land use has been established or where a specific future use has been determined, be declared by by-law as being required for municipal purposes. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Christensen that the report be received and adopted. No. 422 - City Manager - Re: Park Signs. Referring to a communication from Mr. V.Johns regarding identification signs for City parks and advising that members of staff have concluded that the total picture should be studied and action taken to provide a uniform system for the signing of all City parks, buildings and vehicles; recommending that the City Manager be authorized to obtain the services of a qualified company to study signing for City-owned properties; the fee for such a study not to exceed $1,500. which amount can be made avail- able in the 1974 budget, ORDERED on the motion of Alderman Fere, seconded by Alderman ,Hunt that the ,report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Christensen,Runt,Keighan,Schisler,Walker, ~homson,Wallace,Fera. ~YE: Aldermen Puttick, Mann and Smeaton. No. 423 - City Manager - Re: Road and Sidewalk Construction for Dell Subdivision, Contract R.C.22-74. Rbcommending that the unit prices submitted by Peter Damore Construction be accepted by Council. ORDEP~D on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolution No. 112 - 5 - Reports (Cont'd) No. 424 - City Manager - Re: Underground Services and Base Road Construction for LaScala Subdivision (Stage II),Contract GC 23-74. Recommending that the unit prices submitted by Damore Brothers Ltd. be accepted by Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolution No. 113 No. 425 - City Manager - Re: Contract for Construction of Local Improvement Sidewalks on various City streets,Contract S.C.21-74. Recommending approval of the unit prices submitted by Dic-Con Limited. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolution No. 114 No. 426 - City Manager - Re: American Public Works Association, Annual Conference, Toronto, September 14th to 19th inclusive. Reconunending the attendance of three staff members and two members of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted and Alderman Hunt be authorized to attend the Conference. The motion Carried with Alderman Puttick voting contrary and all ~ others in favour. No. 427 - City Manager - Re: Association of Municipal Tax Collectors of 0ntariol Recommending that Miss C. Matthews, Tax Supervisor, be authorized to attend the Annual Conference September 15th to 18th, inclusive, in Parry Sound, Ontario. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. No. 428 - City Manager - Re: 60th Annual Conference, International City Manage- ment Association, Dallas, Texas from October 13th to 17th,1974. Requesting authorization to attend the Conference. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and the City Manager be authorized to attend the ICMA Conference. The motion Carried with Alderman Puttick voting contrary and all others in fayour. No. 4~9 ? City Manager - Re: Building Permits issued during the month of July 1974. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the report be received and filed. No. 430 - City Clerk - Advisory Report. The report reconnends that a letter from the Downtown Business Improvement Area regarding the City's plans for a new bus depot and a communication from the World Literacy of Canada be received and filed. The report also recommends that permission to use the Bridge Street Athletic Grounds, Aug.27th to Sept. 2nd, be granted to the Greater Niagara Softball Association for the purposes of a family carnival and the Greater Niagara Boat Club be granted permission to erect a beer tent in conjunction with Labour Day weekend festivities subject to obtaining the usual approvals. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the report be received and filed and the reco~nendations of the City Clerk be adopted. No. 431 - City Clerk - Re: Applications of Mr.C.Colacci for "Hawker & Pedlar Litantes" to permit the sale of oil paintings at two locations, 8445 Lundy's Lane (Blue Moon Motel) and 5613 Victoria Avenue. Recommending that the applica- tions be denied. ORDERED on the motion'of Alderman Hunt, seconded by Alderman Mann that the report of the City Clerk be received and adopted. No. 432 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Christensen, seconded by Alderman Schisler that the report be received and adopted and litantes granted. No. 433 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Aldermen Hunt, seconded by Aldermen .Christensen that the report be received and adopted. -6- PETITION Comm.~104 - Falls View Businessmen - Petitinning for the removal of two derelect buildings at 6563 and 6577 Portage Road. ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that the petition be received and referred to staff for a recommendation in accordance with the provisions of By-law No. 7371. RESOLUTIONS No. 106 - THOMSON - CHRISTENSEN - RESOLVED that the Corporation of the City of Niagara Falls request the Ontario Housing Corporation to provide rental housing accommodation for families and senior citizens with modest incomes on a rent geared-to-income has is in the City of Niagara Falls under the Community Integrated Housing Program; and, further, that the Corporation of the Munici- pality of Niagara Falls hereby undertakes and agrees to contribute 7~% of any annual loss arising out of the operation of said housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 107 - HUNT - WALKER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of T.G.Bright & Co. Ltd. for the rezoning of property known as Pt. Twp.Lot 107 on the south side of Morrison Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 109 - MANN - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Mrs. F. Biletchi for the rezoning of the property known as Lot 37, R,F.31, located on the south side of Fraser Street, will conform to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area after an Offic ial Plan Amendment (No.70)is :enacted Council and is approved by the Minister of Housing; AND the Seal of the Corporation. be hereto affixed. ~ Carried Unanimously No. 110 - THOMSON - MANN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Klydel Holdings Ltd. for the rezoning of property known as Ft. Twp. Lots 156 and 163 end 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 Housing; AND the Seal of the Corporation be hereto affixed. No. 108 - MANN - SMEATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of A. Galati for the property known as Pt.Twp. Lot 139, situated on the south side of Lundy's Lane conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously Carried Unanimously No. 111 - MANN - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Group II Develop- ments Ltd. for the rezonlng of property known as Pt. Twp. Lot 173 and located on the east side of Dr,,mmond Road conforms to Officisl Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by ~he Minister of Housing; ANN the Seal of the Corporation be hereto affixed. Carried Unanimously No. 112 - MANN - HUNT - RESOLVED that the unit prices submitted by Damore Construction for road and sidewalk construction in the Dell Subdivis ion, Contract H.C.22-74, be accepted; ANN the Seal of the Corporation be hereto ,affixed. Carried Unanimously No. 113 - MANN - HUNT - RESOLVED that the unit prices submitted by Damore Brothers Limited for the installation of underground services and base road construction in the LsScala Subdivision (Stage II), Contract G.C.23-74, be accepted; ANN the Seal of the Corporation be hereto affixed. Carried Unanimously - 7 - No. 114 - MANN - HUNT - RESOLVED the t the contract, No.S.C.21-74,for construction of Local Improvement sidewalks on various City streets, be awarded to Dicon Contracting Limited at the quoted price of $30,974.00; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslX No. 115 - KEIGHAN - THOMSON - RESOLVED that a message of sympathy be forwarded to the family of the late, Mrs. Kathleen Mallerr, a respected resident of the Municipality; AND the Seal of the Corporation be hereto affixed. Carried Unanimously .BY-LAWS No. 74-164 - A By-law to amend By-law No. 72-221, being a by-law to provide for the voluntary payment of penalties for contravention of parking and certain other by-law provisions. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Thomson be granted leave to introduce the By-law and the By-law be given a first reading. The motion Carried with the following vote: ~YE: Aldermen Christensen, Hunt, Fera,' Keighan, Puttick, Schisler, Thomson. NAYE Aldermen Mann, Sineaton, Wallace and Walker. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the By-law be now given a second and third reading. The motion Carried with the following vote: . ~YE: Aldermen Christensen, Hunt, Fern, Keighan, Puttick, Schis ler, Thomson. NAYE:Aldermen Mann, Smeaton, Wallace, Walker. By-Law Nos. 74-165; 74-166; 74-167; 74-168; 74-169; 74-170; 74-171; 74-172; 74-173; 74-174 and 74-175 ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the following By-laws be introduced and given a first reading: No. 74-165 - A By-law to amend By-law No. 3790, being a By-law for the regula- tion of traffic. (Corfield Road) No. 74-166 - A By-law to authorize the execution of an agreement with Kiwanis Club of Niagara Falls, Canada, respecting a street map. No. 74-167 - A By-law to authorize the execution of a site plan agreement with Anthony Galati. (Pt. Twp. Lot 139,south side Lundy's Lane) No. 74-168 ~ 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. (A.Galati) No. 74-169 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Amendment #70 - Biletchi) No. 74-170 - A By-law to authorize the execution of an agreement with W. Benson & Son Limited Eor the construction of a market building. No. 74-171 - A By-law to authorize the oonstruction of additional improvements for a municipal market. No. 74-172 - A By-law to authorize the execution of an agreement with Peter Demote for the construction of roads and sidewalks. (Dell Subdivision) No. 74-173 - A By-law to authorize the execution of an agreement with Demote Brothers Limited for the construction of sewermains and watermains and base roads. (LaScala Subdivision - Stage II) No. 74-174 - A By-law to authorize the execution of an agreement with Dicon Contracting Limited for sidewalk construction. (Local Improvements ) - 8 - By-laws (Cont'd) No. 74-175 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the following by-laws be now given a second and third reading: No. 74-165 - A By-law to amend By-law No. 3790, being a By-law for the regula- tion of traffic. (Corfield Road) No. 74-166 - A By-law to authorize the execution of an agreement with Kiwanis Club~ of Niagara Falls, Canada, respecting a street map. No. 74-167 - A By-law to authorize the execution of a site plan agreement with Anthony Galati. No. 74-168 - 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. (A.Galati) No. 74-169 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area (Amendment ~70-Biletchi) No. 74-170 - A By-law to authorize the execution of an agreement with W. Benson & Son Ltd. for the construction of a market building. No. 74-171 - A By-law to authorize the construction of additional improvements for a municipal market. No. 74-172 - A By-law to authorize the execution of an agreement with Peter Demote for the construction of reads and sidewalks (Dell Subdivision) No. 74-173 - A By-law to authorize the execution of an agreement with Demote Brothers Ltd. for the construction of sewermains and watermains and base roads (LaStale Subdivision) No. 74-174 - A By-law to authorize the execution of an agreement with Dicon Contracting Ltd. (Local Improvements) No. 74-175 - A By-law to provide monies for general purposes. ***** By-Law No. 74-176 - A By-law to provide for establishing a parking lot adjacent to the City Hall and for regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that Alderman Fern be granted leave to introduce the By-law end the By-law be given a first reading. The motion Carried with Alderman Wallace voting contrary and all others in fayour. ORDERED on the motion of Alderman Fern, seconded by Alderman Thomson that the By-law be now given a second and third reading. The motion Carried with Alderman Wallace voting cqn~rary and ~11 others in fayour. NEW BUSINESS ......... ? ~ .... · ; ..... '. KONKO6 PROPERTY- STANLEY AVENUE Alderman Puttick conmented on the petition considered earlier regarding the demolition of two derelict buildings on Portage Road and requested that a report also be submitted with respect to the Konkos property on Stanley Avenue. PRINCE EDWARD PARK Alderman Christensen reported many complaints about the operation of mini-bikes in Prince Edward Park. In response to call from residents of the area, Regional Police had advised they could take no action as the park was not posted. ORDERED on the motion of Alderman Christensen, seconded by Alderman ~homson that a copy of the City's by-law No. 71-57 which prohibits the riding of mini-bikes in Municipal parks. . - 9- Prince Edward Park (Cont'd) Also in Prince Edward Park, Alderman Christensen had witnessed children playing on a garbage container similar to one that had tilted, trapping and injuring a child a short time ago. The container is located near the arena building and the Alderman asked that it either be relocated or put in a safe condition. The matter was referred to the City Engineer. CATELL DRIVE Alderman Christensen described Catell Drive as a "mini drag strip" and conveyed the concern of residents of the area about the safety of children. He requested that consideration be given to the posting of signs indicating a park in the area and suggested that the existing school sign should be larger and brighter. SPEED LIMIT SIGN - SODOM ROAD Alderman Hunt expressed concern about the safety of children crossing Sodom Road in the vicinity of Betty's Restaurant where a 50 mile per hour sign is presently located. He requested that the sign be relocated to the south. It was noted that Sodom Road is a Regional roadway. The matter was referred to the City Engineer. FLOODING - WILLO ROAD In reply to questions by Alderman Hunt, the City Engineer advised that no reply had as yet been received from the Town of Fort Erie regarding a suggested joint effort to improve the road drainage and the watercourse to alleviate the flooding on Willo Road. The matter will be followed up by the City Engineer. F.H.LESLIE PARK Alderman Thomson drew attention to the number of complaints and calls to the police department regarding young people congregating late at night at F.H.Leslie Park. He enquired if changes in the operation of the park had been made inasmuch as in previous years a watchman was on the grounds and the swings were locked at 11:00 p.m. The Alderman suggested steps should be taken to prevent vandalism at the park. The matter was referred to the City Manager. OAKES PARK It was moved by Alderman Puttick, seconded by Alderman Schisler that a report regarding the feasibility of providing drinking'fonntains in the dugouts at Oakes Park be prepared and submitted to Council. The motion Carried unanimously. KITCHENER STREET Alderman Fera suggested the erection of signs on Kitchener Street to indicate the speed limit from Victoria Ave. to McDonald Avenue. The Alderm~.n was concerned for the safety of the many children in the area. CARL AND BIGGAR RCRDS - FORMER TWP.OF CROWLAND Alderman Schisler noted that a roadway leading from the new Q.E.W. overpass at Lyon's Creek Road lines up with Bigger Road. He noted 'that Carl Road is a Regional road and Suggested that consideration be given to Bigger Road becoming Regional and Carl Road reverting to a municipal roadway. PARK AREAS AIderman Wallace asked for a report from the Recreation Director regarding the development of four park areas with new innovated playground equip- ment as provided for in the 1974 budget. ~ENTENNIAL SQUARE Alderman Wallace noted that the pool and fountain in Centennial Square .were closed down for long periods of time for repairs or cleaning. The Alderman enquired if there was a continuing problem with respect to the operation of the pool. He requested a report as to the number of hours or days that are spent in a season repairing~ renovating and cleaning the poolI the costs attributed to the pool and what can be done to eliminate the expense or reduce the cost of mainten- ance . - 10 - New Business (Cent'd) CHURCH'S LANE Alderman Puttick questioned the condition of Church's Lane particularly the boulevards on the south side. As a result of recent construction, driveways had been left unstoned and in one location a new sidewalk had been constructed around a facility required fur telephone purposes. The Alderman's comments will be investigated. 40-FOOT LOT RESTRICTIONS Alderman Thomson referred t'o previous discussions regarding the advisability of providing 40-foot lots in new residential plans of subdivision. He said he had received a number of phone calls from homeowners in the Reritage Homesteads subdivision as a result of discussions during the last meeting of Council and Council's denial of a proposal to include 40' lots in a new develop- ment. As a result of the complaints the Alderman had made a personal tour of the subdivision and had noted that the residents of the area were proud of their homes, landscaping had been completed and, in some instances, garages and carports were erected. Alderman Thomson suggested that the municipality had gained considerable experience in approving the 40' lots and innovative housing in the Heritage Homesteads Subdivision and such lots served a very worthwhile purpose in that it gave young people and those on low incomes an opportunity to purchase their own homes. His ~nvestigations revealed that other area munici- palities did not have such restrictions and in some areas, 40' lots were con- sidered a necessity. Aldernmn Thomson requested a report from the Planning and Development Committee regsrding the advantages of creating and allowing 40' lots in the municipality and to guide Council in formulating a policy. Alderman Puttick read a letter he had received from Zoron Construction which was critical of derogatory remarks regarding the 40' lots in Heritage Home- steads and inviting all members of Council to inspect the quality, design and workmanship of the 250 homes in the Subdivision. GERBER PLANT Alderman Puttick submitted information regarding the findingsof the Ministry of the Environment about noises emanating from the Gerber plant. He suggested the matter had been under consideration for a sufficient length of time and representatives of Gerber Products.should indicate what action they are now prepared to take. ORDERED on the motion of Alderman Puttick, seconded by Alderman Walker thst s progress report be prepared regarding the noise probllma related to the Gerber plant and Kimberly-Clark; the report to also ind care what steps can be taken by the municipality to eliminate the complaints. The motion Cerri,e~ with Alderman Smeatoa declaring a conflict of interest and abstaining from voting. ADJOURNMENT The meeting adjourned at 10:00 p.m. on the motion of A!der!~,Thomson seconded by Alderman Puttick. READ AND ADOPTED, Mayor 1_ TWENTY-SIXTH MEETING Committee Rooms 2 & 3 August 26, 1974. SPECIAL MEETING A special public meeting of Council was held on Monday, August 26, 1974, at 7:30 p.m. for the purpose of discussing the Shriner's Creek drainage proposal. All Members of Council were present with the exception of Alderman Keighan. His Worship Mayor George Bukutor presided as Chairman. Report No. 434 - City Manager - Re: Shriner's Creek Watercourse. Submitting resumes indicating significant dates with respect to the development of various branches of Shriner's Creek as well as a proposed retention pond. The City Engineer, R. W. Rodman, stated that the intent of the resumes was to indicate commitments by previous Councils and the present Council for development in accordance with the R.V.Anderson study and recommendations. The main diversion from the study, he said, was the proposal for a storm water retention pond. He drew attention to tabled maps and indicated the location and drainage ureas of the various branches of the watercourse and noted the number of subdivisions east of the Q.E.W. and west of Dorchester Road which are now being processed. The W-5-1, W-5-2 and W-5-3 watercourses uccommodate drainage from existing and proposed developments. At the present time drainage flows westerly hut due to relatively new and proposed development, the system must be enlarged. The City Engineer also spoke about sanitary drainage. He indicated there are three pumping stations on the east side of the Q.E.W. which should be eliminated. The Kalar Road pumping station was designed to provide for the phasing out of these three pumping stations and thus relieving maintenance costs. Mr. Rodman outlined the proposed development area, the boundaries of which were set by Official Plan Amendment No. 43 approved by the Ontario Municipal Board in 1972 and which previously would have allowed development all the way to Garner Road. City Staff proposed to reduce the area, move the boundary approximately 1100 feet west of Kalar Road and encourage development south of the Chippaws area. He noted the increased drainage from east of the Q.E.W. and pointed out that development west of the highway will increase the flow in any event, but the flow could be controlled by the proposed retention pond. Approximately 2700 single family housing units are proposed for this area, most of which are east of the Q.E.W. Originally, City budgets provided for acquisition of laed and improve- ments all along the W-5-1, W-5-2 and W-5-3 watercourses but in view of the concern of property owners regarding protection of the environment and as a result of a meeting with representatives of the Ministry of the Environment, the eight-acre retention pond to control flows as proposed east of Garner Road between Kalar and Garner Roads. A schematic plan of the retention pond as well as a plan of the area from the Q.E.W. westerly were displayed, Maps indicated existing subdivi- sions, proposed subdivisions and the lands already acquired by the City for watercourse improvements. The proposed changes will eliminate the need for the City to acquire property west of Garner Road as no development will be permitted 1100 feet west of Kalar Road. Mr. Rankin, Design and Construction Engineer, stated that the City was concerned about increased water flows aa subdivision development takes place; the control of peak flows; the prevention of erosion and to eliminate fears that the natural watercourse would be destroyed. The Shriner's Creek watercourse, he said, has been, end should continue to be utilized for storm runoff and the drainage area expanded because the rate of development will increase the flow. Improvements to accommodate the increased flow include the deepening of the W-5-2 and W-5-3 watercourses west of Kalar Road and the installation of larger, deeper culverts. He pointed out that the proposals to make drainage more effective are an integral part of an overall scheme and deletion of part of the scheme will result in many problems for the municipality. Mr. Rankin stated that if the watercourses are not improved, development east of Kalar Road between Kalar Road and Montrose Roads cannot proceed with the exception of one development, namely, the Niven Farm Subdivision which is already serviced. The special design of the spillway, he said, will govern the flow of water downstream when water levels at the retention pond reach various heights, In reply to questions by Alderman Wallace regarding the agreement with the owners of tile property selected as the site of the reten~ion pond and park area, the City Solicitor, H. R. Young, advised that the agreement is conditional on the City obtaining all required approvals. Information received from the Ministry of - 2- Environment indicates the approval of the Environmental Approvals Branch and the Niagara Peninsula Conservation Authority will be required. Mr. Young said in view of the objections to the proposal, he assumed there would be a hearing and it is expeoted the O.M.B. will also require the approval of both bodies. Alderman Wallace also asked if storm water alone will enter the retention pond and the City Engineer confirmed there would be no sanitary sewage flow into the pond or open watercourses. - 3- Councillor John Graaskamp voiced his opposition to development west of Kalar Road and said the environmental aspect had not been considered sufficiently. Be stated he would like to have a summary of the costs incurred by the City in connection with the drainage proposal, the widening, deepening and channelization of the watercourses and land acquisition. He also suggested the City obtain an opinion of the costs of diverting storm water east to the canal rather than westerly. Aldermen Wallace and Alderman Walker expressed concern about the possibility of stagnation in the water and questioned what safeguards had been considered. Mr. Rankin indicated there were methods, including the use of chemicals, to prevent water from becoming stagnant and this aspect would be considered in the final design. Alderman Puttick was critical of the manner in which negotiations for the purchase of the property were handled and the price. He stated that within the past year, serviced land on Kalar Road sold for one-half the price paid by the City for the property along Shriner's Creek which, he suggested, cannot be developed until a dam is built in the general area. In response to Alderman Puttick's comment as to the retention pond having to be constructed before land can be developed, the City Engineer said that according to the provisions of Official Plan Amendment No. 43, no development will be allowed west of the eastern limit of the retention pond. In respect to a question regarding the availability of subsidy for parklands in the area, Mr. Rodmen referred to a resolution of Council requesting the Niagara Peninsula Conservation Authority to assume the project and thus be eligible for grants. The matter is now bein~ considered by the Authority. Mr. Gagliardi expressed his objections to the proposed changes to Shriner's Creek and its tributaries and questioned the necessity of draining the area westerly while sewage is being pumped easterly. Me was also concerned about the possibility of a melfunction at the Kalar Road pumping station. Mr. Rankin said that at the present time there are two pumps, one of which is standby as well as a standby generator. Sewage, he said, can be economically pumped to the one central treatment plant located on Stanley Avenue. Mr. P. Grandoni was critical of the lack of public relations with property owners inasmuch as the owners of property along Shriner's Creek, Ten Mile Creek and Beaverdam Creek were not asked for their opinions nor not iliad of the Official Plan Amendment and meetings dealing with the subject. He expressed his objection to channelization of any of the watercourses and suggested drainage of the area should be from Mountain Road south to the N.S.& T. right-of-way then to the Hydro Canal. Mr. Rankin suggested that as the land falls naturally to the west, it is more econnmic~l to leave the drainage areas as st present. The suggested alternative, he said, would necessitate sewer construction through rock for the most part. The City Engineer agreed with Mr.Grandoni that more consideration should be given to saving or replacing as many trees as possible along the watercourses. Mr. N. Mitchinson suggested that university groups in Toronto and Guelph would undertake an environmental ~mpact study which would help solve the problem. Dr.John Sprague, a biology professor at the University of Guelph, stated that after 8 study of reports and other material respecting the Shriner's Creek improvements, he was of the opinion that no consideration of environmental problems had been given and ecology and agricultural aspects had been lightly passed over. Storm water run-off, he said, is not harmless; the first flush being almost equivalent to normal sewage. Re suggested that retention ponds have not been successful in stopping flonds and it is not possible to'construct an nil-purpose dam for the purposes of flow control ss well as recreation. Dr. Sprague recommended that the City initiate a full scale environmental study of the scheme. He estimated the study would cost approximately $10,000 and could be completed within three or four weeks by a team of experts in pollution, wildlife, agriculture, etc. Mr. Barch, a lawyer, referred to the hearing in respect to By-law 72-223 and the conm~nts of the Chaizmsn regsrdin6 the relayssty of environmental prnblems and sug6ested that no consideration whatsoever will be given to the question of environment inasmuch as the O.M.B.Chairman had stated that environ- mental aspects were not an issue at the hearing. Mr.Bsrch suggested the same proenSure wilt be followed in the passins of other by-laws associated with the retention pond and Shriner's Creek. The City Solicitor noted that the approval of the Ontario Munici el Board was conditional on the remaining s picat one bein ..ld I..h.yanc. u,tif a b.c. lntroduee scbed. proper control systemhas Bruce Ward, a resident of Garner Road on the west side of Shriner's Creek, advised that the creek runs through his farm and expressed concern about the quality of the water after it leaves the retention pond. Mr. WardIs livestock drink from the creek. He suggested that a natural spring which feeds the creek could be destroy~ by the construction of a dam and spring water flowing into an 8-acre pond would evaporate. Earlier in the meeting Mr. Rankin had advised that the Ministry of the Environment had been taking samples along Shriner's Creek and infornmtion would be provided to the City if the quality of the water changed because of the development taking place. Mr. K. May who owns a farm on Garner Road, also expressed concern because of ecological standpoint and the introduction of chemicals into the watercourse. It was then moved by Aldermen Harrigan, seconded by Aldernmn Christensen that the report of the City Manager be received and filed and City Staff be d irected to enquire as to firms capable of preparing an environmental study of the Shriner's Creek watercourse, the anticipated costs for preparation of such a study together with information regarding the availability of subsidies; further, that a full report on the matter be submitted to Council as soon as possible. The motion Carried unanimously. The meeting adjourned at I1:00 p.m. on the motion of Alderman Thomson, seconded by Aldermen Mann. READ AND ADOPTED, lark ~ TWENTY-SEVENTH MEETING Con~nittce Room ~1, September 3, 1974. COMMITTEE OF THE WHOLE Council met in Con~nittee of the Whole on Tuesday, September 3, 1974, at 7:15 p.m. All Members of Council were present with the exception of Ald.Keighan, Alderman Puttick and Alderman Walker. His Worship Mayor George Bukator presided as Chairman. Following consideration of the item presented, it was moved by Alderman Mann, seconded by Alderman Hunt that the Committee of the Whole arise without reporting. READ AND ADOPTED, Cle · Mayor REGUlAR MEETING Council Chambers, September 3, 1974. Council met on Tuesday, September 3, 1974, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present with the exception of Alderman Keighan; Aldermen Puttick and Walker arriving while the meeting was in progress. Alderman Marrigan offered the Opening Prayer. ADOPTION OF MINUTES The minutes of a regular meeting of Council held August 19, 1974 and a special meeting held August 26th,1974, were adopted as printed on the motion of Alderman Mann, seconded by Alderman Thomson. DEPUTATION Mr. Edison Sherat was granted permission to address Council on the motion of Alderman Hunt, seconded by Alderman Smeaton. Mr. Shetar spoke on the subject of the City's water supply and expressed the opinion that there are many faults and injustices in the system and procedure. He suggested the recently approved increased water charges doeq not solve or eliminate the peak demand period when customers using the most water and contribute to the shortage should be paying more. He recommended a special rate during the summertime peak demand period when water storage facilities are overtaxed. The cost of meter reading and installations, he said, pertain directly to metered customers but over 80% of the charges are paid for by unmetered customers who subsidize persons with large homes, large lots and swimming pools. Mr. Sherat believed that meters should be installed throughout the City and a reduction in water consumption and costs would result. He suggested that taxpayers, by referendum, would vote for the installation of meters because they are cheaper. Mr.Sherar stated that if his information is correct, the regional government is charging increased water rates illegallyend, in turn, the citizens of Niagara Falls are being charged illegally. The regional government, he said, has never passed a by-law to increase water rates which have been in effect since last January. Alderman Smeaton suggested that some of the statements in thc presenta- tion were not faetual and in response to the Aideram% questions, Mr. Sherat indicated that he was not an engineer; he had not contacted either the City Engineer nor the City Solicitor in regard to his statements and did not reveal the suurce of his information. / It was then moved by Alderman Thomson, seconded by Alderman Mann that Mr. Sherar's comments be referred to staff for clarification of the points raised and a report to Council at the next meeting. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fern, Mann, Harrigan, Sehisler, Thomson, Wallace, NAYE: Aldermen Smeaton and Walker. Note: Alderman Walker arrived at the meeting during Mr. Sherar's presentation. UNFINISHED BUSINESS DECLARATION OF POLICY FOR SUBDIVISIONS Report #407 -Clty Manager - Submit~ing the final draft of the Declaration of Policy for Subdivisions. Comm. #101 - Group 2 Development Ltd. on behalf of eight Developers - Re: Proposed new Subdivision Policy. Requesting that the policy be tabled for two weeks to allow the developers to make a presentation on important matters which should be pointed out !to members of Council. Mr. Paul Branscombe was granted permission to address Council on the motion of Alderman Christensen, seconded by Alderman Hunt. As spokesman for eight land developers, five of whom are involved in building new homes in the City, Mr. Branscombe stated that while the proposed policy is, for the most part, a fair and equitable document, he wished to comment on several points: 1) Proposed Imposts - a service impost of $700. per single family lot plus a parks and recreation impost of $100. For the purposes of the presentation, both imposts were converted to percentage figures, that is, as a percentage of the current market value of the lot. Eased on a cUrrent market value of $200, per foot frontage, the combined imposts on.a 40-foot lot represented 10% of the selling price; 5% for an 80-foot lot. Simllar conversions made for three-storey walkups, townhouses, highrises and semi-detached homes indicated that Impost charges, as a percentage of the selling price, range from a low of 9.3% for semi-detached to a high of 17.5% for a typical three-storey walkup. The figures, Mr. Branscombe said, indicate that people who have the greatest need for housing and can least afford it, are being asked to subsidize the man who will build a large home on a large lot. It is the recommendation of the developers that the method of deriving impost income be changed by the use of the 7% figure. Eased on the impost on an average 50-foot single family lot selling at $200. per foot frontage ($10,000.), the service impost of $700. represents 7% of the current selling price of that lot. The chsrt indicated the results of the use of the basic 7% and applied the same mathmmetical formula to all forms of housing. 2) Mr. Branscombe described the recreation impost of $100. as a double charge inasmuch as every resident in, by wsy of taxes, psying for parks, recreation facilities and upkeep. The City, he said, is attempting to obtain sufficient monies from subdivision development to create parks within the new cubdivision, to maintain those psrks and to build additional parks. Hesugges,ted- that if there is a need for a special parks and recreation levy, the cost should be shared by all citizens rather than by the purchasers of new homes alone. 3)The developers are not in agreement with a provision in the new policy requiri~ the subdivider to make payment toward existing services on boundary streets and payment toward future services; the one exception being local improvements. For example, if services on a street ironring a new subdivision have been totally pai~i 'the oity will require the developer to pay 100 percent of the cost of replacing the facility rather than charging the City as a whole. Consequently, the new home pu.rchaser will pay the full cost of replacing pipe in front of his home. 4) Request that five-foot wide sidewalks be installed Statistics indicate there are 255 miles of sidewalk in the City, most of which are four feet. It is suggested by the developers that it would be more practical to purchase or fabricate snowplo~ blades to eliminate 'problems connected with the plowing of four-foot sidewalks. The installation of five-foot sidewalks requires an additional $50. payment by the new home purchaser. 5) In summary, Mr. Bransnombe provided figures to indicate additiorml costs for subdivisions when the proposed policy for development goes into effect sad the ultiemts cost to the purchsse. He expressed the hope there would be further discussions to sssure thst the new policy ~ill be fsir to the city~ the developers! the builder and the neM home purchsser. Policy for Subdivisions (tout'd) - 3 - During discussion of the matter, Mr. Branscombe and members of Staff provided additional information in response to the questions of Council members. It was then moved by Alderman Thomson, seconded by Alderman Smeaton that the submission of the developers be received and referred to staff for preparation of a report regarding the points raised and the proposed declaration of policy for subdivisions be reconsidered at a future Council Committee session. The motion Carried unanimously. ~ote: Alderman Puttick arrived at the meeting during the presentation bnt was not present during consideration of reports Nos. 435 and 436. COMPLAINTS OF NOISE - GERBER PRODUCTS & KIMBERLY-CLARK PLANT Report No. 435 - City Manager _ Progress report regarding the noises emanating from the Gerber Products of Canada plantand the former Kimberly-Clark boilding. The report comments on the specific complaints of the resMents of North St., namely, noises from steam hoses used in clean-up Procedures;hammering on machinery; employees shouting, steam being vented on the south side of the ,building; vibration and noise in general. Information was provided in respect to the attempts of both firms to rectify the situat ion. As requested by Conncil, the report indicates the steps that can be taken by the municipality to eliminate the alleged nuisance: (a) request the Ministry of the Environment to lay a charge under Section 14 of The Environmental Protection Act,1972 or (b) assist in a prosecution under the City's noise by-law 7535,1967; the persons complainling would be requested to lay the charges and appear as witnesses at the trial. ORDERED on the motion of Alderman Wallace, seconded by Alderman Harrigan that the report of the City Manager be received and filed and periodic progress reports be prepared and submitted to Council. The motion Carried with Alderman Smeaton declaring a conflict of interest and abstaining fromvoting. DECEPTIVE ADVERTISING Comm.#27 - Chamber of Commerce - Requesting Council to consider the passing of a by-law to deter deceptive advertising. Report No. 436 - City Manager - Advising that the City Solicitor has confirmed that general legislation is now available under Section 384 of The Municipal Act to permit municipalities to license and regulate special sales of goods; advising also that a licence or permit would be required for each individual sale and suggesting that such legislation would'be difficult to enforce; referring to the possible assumption by Regional Niagara of the licensing of certain trades and suggesting that the licensing procedure should remain at the local level . It is recon~mended that a copy of the report be sent to the Chamber of Commerce with a suggestion that City Officials will be pleased to meet with them at any time to discuss the matters referred to. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted. GAS BARE AND SELF-SERVE GASOLINE FACILITIES Comm.~82 (1973) - Ontario Retail Gasoline & Automotive Service Assoc. - Re: Self-Serve Gasoline Facilities. Requesting that the Association's bgief be considered by Council. Report # 437 - City Manager - Re: Establishment of "Gas Bars" and Operation of "Self-Serve Gssoltne Facilities,, - Submitting the comments of the Ontario Petroleum Association and providing s resume of submissions by the Ontario Retsil Gasoline and Automotive Service Association. The report advises that under the new zoning by-law, each new gasoline station will be the subject of a rezoning application which affords adequate control for the municipality; suggesting that the associations be provided with a copy of the report and that both organizations be invited todiscuss the problem with City Staff should they wish to do so. ORDERED on the motion of Aldernmn Thomsons seconded by Alderman Schisler that Mr. Mullroney, a representative of the Ontario PetroleomAssocistion~ be granted Permission to address Council.. Mr. Mullroney advised that self-serve gasoline outlets have been developed in European countries and the United States and at present there are 200 such facilities in the Province of Ontario. The most obvious advantage, he snid, is the reduction in labour costs and subsequent savings which are passed on to the consumer. While the amount varies from city to city, it is estimated · the saving is two to six cents s gallon. Re commented on the concern of the -4 - Gas Bars and Self-Serve Facilities (Contd.) Ontario Retail Gasoline and Automotive Service Association regarding safety aspects pointing out that the product has been safely handled by salesmen for years and hymen dispense the fuel into automobiles, boats, farm machinerys etc. Gasolfne, he said, is recognized as a very volatile product and is treated accordingly. Safety controls have been devebped and the industry must meet the rigid standards for self-serve facilities. While Mr. Mullroney was in agreement with Alderman Thomson that a reduction in the number of service stations has occurred, he referred to the common complaint regarding the number of stations and suggested that the closing of some small service stations will continue with or without self-serve facilities. He said it was not the intention of the industry to replace the full service stations but the establishment of self-serve,outlets was s matter of convenience for the consumer and certain areas were better suited to the straight sale of gasoline. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report of the City Manager be received and filed and copies of the report be provided to both the Ontario Petroleum Association and the Ontario Retail Gasoline and Automotive Service Association. PETITION FOR DEMOLITION OF BUILDINGS ON PORTAGE ROAD Conun.~104 - Falls View Businessman - Petition for the removal of two derelict buildings at 6563 and 6577 Portage Road. Report # 438 - City Manager - Advising that demolition permits were issued on August 22nd and it is expected the work will be completed and the sites cleared by September 6, 1974. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and filed. REZONING APPLICATION OF T. MRSICH - BY-LAW N0.74-109 Report ~[439 - City Clerk - Advising that the Ontario Municipal Board has appointed Friday, October 4th, for the hearing of a 11 parties interested in supportins or opposing the application for the rezoning of property on the east side of Stanley Avenue, north of Robinson Street to permit the erection of a motel. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the dates of the hearing be noted by members of Council and the report be received and filed. PROPOSED ADDITION TO BETTY'S RESTAURANT,SODOM ROAD Report ~440 - City Manager - Re: Site Plan Approval, Proposed addition to Betty's Restaurant, SodomRoad. Advising that the Site Plan Technical Group has reviewed and accepted the sits plan and recommending approval of the plan as submitted. Note: For the convenience of interested parties attendins the meeting, the report was brought forward for consideration at. this time. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the report of the City Manager be received and adopted. Unfinished Business (Cont'd) REZONINO APPLICATION - T.G.BRIGHT & CO. - By-law No.74-158 Report ~441 ~ City Clerk - Re: Am-16/73 - Proposed Animal Hospital south side of Norrison Street, east of Dorchester Road. Advising that as a result of the usual notification procedure, one letter objecting to the proposed rezoning was received; requestinS the direction of Council. ORDBRED on the motion of Alderman Thomson, seconded by Alderman Schisler that the re ort be received and filed and notwithstanding the objection received Counci~ reaffirm an earlier decision to approve the application and the applica- tion together with the objection be forwarded to 'the Ontario Municipal BOard for consideration. ' ' : ' : - 5- REZONING APPLICATION OF G.RITTMAN Report ~415 (August 19,1974) - Planning and Development Committee - Re:AM-29/74, G.Rittman,Pt. Lot 4,R.P.57,north side of Lundy's Lane. A rezoning application to permit conversion of an existing two-unit dwelling to a beauty salon and two rental units; recorm~end ing denial of the application. (The report was tabled at the August 19th meeting at the request of residents of the area). ORDERED on the motion of Alderman Smeaton, seconded by Alderman Harrigan that the report be received and adopted and the application denied. COMMUNICAT IONS No. 104 - Canadian Union of Public Employees - Referring to the increased cost of living since the 1973 collective agreement was signed and noting that many corporations, both public and private, have partially remedied the situation by providing wage increases during the life of the agreement over and above that provided for in the contract; requesting an increase of fifteen cents per hour for hourly-rated employees and $6.00 per week for salaried employees in the bargaining unit, effective as of August 1, 1974. ORDERED on the motion of Alderman HerriSen, seconded by Alderman Mann that Mr. Bill Hunter,President, Local 133, be granted permission to address Council. Mr. Hunter commented on the tremendous increase in the cost of living over the past two years and noted, for example, that the cost of groceries had increased 37% during the past fifteen months. As a result of inflation, he said, city employees are actually taking home less than last year and the Union is now approaching Council in good faith to request an increase effective August 1,1974. In reply to questions by Alderman Christensen, Mr. Hunter indicated that the basic hourly rate for labourers was $4.42 per hour and the last contract did not include a cost of living clause. Alderman Harrigan enquired as to the City's costs and the City Manager advised that the requested increase for the period August 1st to December 31st would cost the City approxinmtely $43,000. It was moved by Alderman Puttick, seconded by Alderman Harrigan that the Region be asked to initiate a meeting of representatives of all area municipalities and personnel officers to discuss the matter of wages and salaries paid in the various municipalities and to determine a uniform approach to the question of comparable wage rates and employee benefits and a report be submitted to the City Council as soon as possible. The motion was Defeated with the following vote: ' ~YE: Aldermen Puttick, HerriSen, Smeaton, Walker and Chr istensen. NAYE: Aldermen Hunt, Fern, Mann, Schisler, Thomson,'Wallace. It was then moved by Alderman Walker, seconded by Alderman Schtsler that the conununication be received and filed and the suggested increases be denied. The motion .Carried unanimously. No. 105 - Mr.D.Hinchliffe,HMC Travel Ltd .- Comments re: hooliganism and rowdyism in the various business section of the city; submitting notification that unless some action is tsken within the next two weeks, all businessman in the Main and Ferry area will be petitioned to withhold business taxes until such time as action is taken to stop rowdyism. Following a thorough discussion of the problem and possible solutions, it was moved by Alderman Thomson, seconded by Alderman Wallace that the communica- tion be received and staff authorized to arrange a meeting between the South End Business Association, Inspector Welsh of the Niagara Regional Police and staff members and a subsequent report be submitted to-Council for consideration. The motion Carried unanimously. No. 106 - John Courts Library Services Ltd. - PetitioninS for protective gates at railway crossings. The City Clerk advised that the Regional Public Works and Utilities C~l~ittee is reconm~ending to the Regional ~ouncil that application be made to the Railway Transport Committee for a grade separation at the crossing of Thorold Stone Road and the CNR; that arm gates be installed in the interim and that a request be forwarded to the CNR to check and improve signal acti- vation at the crossing. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the petition be received and endorsed and the City support the report of the Public Works and Utilities Committee with a request that the Region use the utmost expediency in processing the installation of protective arms at the Thorold Stone Road crossing and the Canadian National Railway; further, that the City's by-law be amended to permit the soundins of train whistles at the Thorold Stone Road crossing and 4-.~diste steps be taken to correct the premature activation of signals at this crossing. -6 - Co~nunications (Coat'd) No. 107 - Niagara Falls Hydro - Re: Location of poles in double drive%mys. Advising that existing Rydro policy provides that the cost of relocating street light poles is divided three ways - 1/3 to the customer on each side of the driveway and 1/3 to street light maintenance charged to the City. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the communication be received and the policy of Niagara Falls Hydro in respect to.the relocation of street light poles be endorsed. REPORTS No. 4~! - Planning and Development Committee - Re: AM-3/74,G.Parrillo,',Metro Bakery",Lot 1, R.P.69, north-west corner of Drummond Road and Churchill St. An application to permit expansion of'existing parking facilities. Recon~nending approval of the application subject to a site plan agreement and that Council certify, by resolution, that the application conforms to Official Plan Amend- ment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. See Resolution No. 116 No. 443 - City Manager - Re: Temporary Water Connection - Niagara-on-the-Lake. Advising that because of an emergency situation, a 4" connection was made to a hydrant on Mountain Road just west of St.Paul Avenue to carry water to an existing reservoir on the north side of the railway bridge in the former St. Davids area; advising that a meter was installed to measure the volume of water and a rate of .43¢ per 1000 gallons is charged; suggesting it may be necessary to consider a more permanent connection in this general location in the future. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and filed. No.4~4 - City Manager - Re: Restoration of Tee Creek Bridge. Advising that the structural members of the Tee Creek Bridge situated on Will-O-Dell Road south of Koabel Road have been severely damaged by vehicles; recommending acceptance of the lowest quotation received for restoration of the damaged parts of the bridge received from A-1 Steel Works in the amount of $2,719.00. ORDERED on the motion of Alderman Christensen, seconded by Alderman Thvm~a.. the report be received and adopted. See Resolution No. 117 No./44'5 - City Manager - Re: Conveyance of Chippawa Library. Rec(Mmnending that the area shown as Part 4, Reference Plan 59, R908, be conveyed to the Niagara Falls Library Board on the understanding that the Victoria Avenue property will be dedicated to the City following the relocation of the main library in the new building presently under cnnstruction. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted. No.446 - City Manager - Re: Policy - Requests received for contributions to relief funds. Recoupending that Council. provide, in conjunction with the 1975 budget discussions, for the establishment of a special account and that an appropriate amount be set aside annually for this purpose; suggesting further that if the policy is adopted by Council, assistance be limited to those areas which have been proclaimed "disaster areas" by the province. The City Clerk advised that according to an article in the Olobe and Flail the province is considering a new policy for disaster aid in Ontario. He indicated the entire matter would be reviewed during the 1975 budgetldiscussions and adoption of the policy would be subject to modifications established by the province. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received sad adopted. The motion Carried with the following vote: AYE: Alderman Christensen,Hunt,Fera,Mann,Har'rigsn,Smeaton,puttick,Thomson. ~AYE:Aldermen Walker, Wallace and Schisler. No,447 - City BansBar - Re: Requests from local athletic organizations for financial assistance to enable their participation in national or international competitions; suggesting the following provisions be adopted as policy: (a) all requests for funds to assist athletic team to participate in competi- tion must be submitted to and approved by the Recreation Coum,lssion; (b) a special allocation be established as part oE the Recreation Commission budget to selfst team organized in the City of NiagaraFalls; -7- Report No. 447 (Cont'd) (c) assistance will only be granted where the funds are required for competition at a national or international ~vel and where the participation has resulted from the culmination of competition at local, regional and provincial levels; (d) any assistance provided will be granted on the understanding that it will be used to defray transportation costs of the participants only; (e) approval of requests may be subject to any further conditions that the Recreation Commission may see fit to establish as criteria for approval. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 448 - City Manager - Re: 1974 Annual Tour, Suggesting that the tour be held September 28th commencing at 9:00 a.m. st the Municipal Service Centre. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and the suggested arrangements for the annual tour be approved. No. 449 - City Manager - Re: McLeod Road Firehall. Recommending that the contract for construction of the McLeod Road Firehall be awarded to Philip Casucci Con- struction Ltd. in the amount of $203,142.00. ORDERED on the motion of Alderman Walker, seconded by Alderman Christensen that the report be received and adopted. See Resolution No. 118 No. 450 - City Manager - Recommending that the lowest bid for the supply of snow fence in the amount of $6,227.67 submitted by Lennox Snow Fence be accepted; recommending further that the lowest bids for the supply of posts and ties in the total amount of $2,987.98 submitted by Frost Steel and Wire be accepted. ORDERED on the motion of Alderman Schisler, seconded by Alderman Walker that the report be received and adopted. The motion Carried with Alderman Thomson voting contrary and all others in favour. See Resolution No. 119 No. 451 - City Manager - Re: Contract R.C.26-74 - Westlane Village Subdivision, Finished Roads, curbs & Gutters and Sidewalk Construction. Recommending that the unit prices submitted by D.L.Stephens Ltd. be accepted. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that the report be received and adopted. See Resolution No. 120 No. 452 - City Manager - Recommending the attendance of the Personnel Officer at the Fall Workshop of the Ontario Municipal Personnel Association in Burlington, September 26th and 27th,1974. ' ORDERED on the motion of Alderman Mann, seconded by Alderra~l. Smeaton that the report be received and adopted. No. 453 - City Manager - Re: Ontario Plumbing Inspectors Association, Sault' Ste. Marie, September 15th to 18th,1974. Reco~mlending that the Plumbing Inspector be authorized to attend. ORDERED on the motion of Alderman Schisler, seconded by Alderman Runt that the report be received and adopted. No. 454 - City Manager - Re: Annual Roads & Transportation Association of Canada Conference, Toronto, September 22nd to 26th,1974. Recommending that two members' of staff and one member of Council be authorized to attend. ORDERED on the motion of Alderman Mann, seconded by AldermanWalker that the report be received and adopted and Alderman Hunt be authorized to attend the Conference. Note: Alderman Fern retired from the Council Chambers. No. 455 - ~ity Clerk - Advisory Report. The repor~ provides information received from the Regional Municipslity of Niagara regarding parking restrictions on Portage Road and about the proposed Black Creek Town Line Road Interchange; recommends approval of "Parents without Partners Week"; approval of s firework display by the Niagsrn Recreation Association Social Club and permission for Csn-Eng. Mfg. Ltd. to erect s beer tent in conjunction with their anniversary celebrations. The report recommends that the Royal Canadian Navel Assoc. be notified of the policy of the City with respect to requests for grants sad that Council accept the invitation of the Pan-Sher Administration to attend 8 "Talk of the Town', event. Members of Council were also asked to indicate if they were able to represent the City at the monthly meetings of the Board of DIrectors, Chamber of Cou~uerce. Report 455 (Cont'd) -8- ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted. His Worship Mayor Bukator indicated he would represent Council at the September and October meetings of the Board of Directors of the Chamber of Commerce and Aldermen Thomson will attend the November meeting. No. 456 - City Clerk - Re: Application of Mr.G.Vergalito, 6360 Taylor St., for a Hawker & Pedlar licence. The applicant proposes to buy fruits and vegetables from local farmers and sell them on a door-to-door basis. ORDERED on the motion of Alderman Christensen, seconded by Aldermen Walker that the report be received and filed and the application be denied. No. 457 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted and licences granted, No. 458 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Christensen that the report be received and adopted. RESOLUTIONS No. 116 - HUNT - MANN - RESOLVED that the application of G.Parrillo for the rezoning of Lot 1, R.P.69, situated on the north-west corner of Drummond Road and Churchill Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Ministry of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 117 - CHRISTENSEN - THOMSON - RESOLVED that the quotation submitted by A-1 Steel Works for the restoration of the damaged parts of the Tee Creek .Bridge in the amount of $2,719.00, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 118 - WALKER - CHRISTENSEN - RESOLVED that the contract for the construction of the McLeod Road Fire Station be awarded to Philip Casucci Construction Ltd. at the quoted amount of ~3~,~05 AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 119 = SCHISLER - WALKER - RESOLVED that the bid for the supply of snow fence in the amount of $6,227.67 submitted by Lennox Snow Fence be accepted; end, further, that the lowest bids for the supply of posts and ties in the total amount of $2,987.98, submitted by Frost Steel and Wire be accepted; AND the Seal of the Corporation be hereto affixed. Carried No, 120 - SMEATON - MANN _ RESOLVED that D.L.Stephena Limited be awarded the contract for finished roads, curbs and gutters and sidewalk construction in the Westlane Village Subdivision, Contract R.C.26-74, at the unit prices sub- mitted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 121 - THOMSON - HUNT - RESOLVED Chat WHEREAS the Niagara Training and Employment Centre has provided invaluable service in the training of emotionally and physically handicapped persons for productive employment, and ' WHEREAS, the Centre has operated through the availability of prov~ncial and federal funds, together with donations from the public and service organizations and WHEREA~ without provincial and 'federal assistance, the present progrsmme will terminate; - 9 - Resolution No.121 (Cont'd) NOW THEREFORE BE IT RESOLVED that the Count il of the City of Niagara Falls request the Right Honourable Pierre E. Trudeau and the Honourable William Davis to provide continuing financial assistance by the federal and provincial governments in support of the Niagara Training and Employment Centre, and BE IT FURTHeRRESOLVED that copies of this resolution be sent to Roger Young,M.p. and the Ronourable John T. Clement,M.L.A. for their support; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ~ote: Alderman Wallace retired from the Council Chambers. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that leave be granted to introduce the following by-laws and the by-laws be given a first reading: No. 74-177 - A By-law to authorize the conveyance of land to The Niagara Falls Public Library Board. (Chippaws Branch) No. 74-178 - A By-law to amend By-law No. 73-208 respecting sick leave credits, pensions and other benefits for employees. (T.A.Rankin) ' No. 74-179 - A By-law to authorize the execution of a site plan agreement with Guglielmo Parrillo and Anna Parrillo. (west side of Drummond Road) No. 74-180 - A By-law to amend By-law No. 2530,1960 of the former Township of Stamford, as amended. (G. and A. Parrillo, Metro Bakery) No. 74-181 - 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.(Biletchi . Fraser Street) No. 74-182 - A By-law to authorize the execution of an agreement with Philip Casucci Construction Limited for the construction of a firehall. (McLeod Road) No. 74-183 - A By-law to authorize the execution of agreements with B.E.N. Developments Limited and R.V.Anderson Associates Limited respecting engineering services for a proposed subdivis ion.(Bambi Estates) No. 74-184 - A By-law to authorize the execution of an agreement with D.L.Stephens Contracting Niagara Limited for the eonstruction.oof roads and sidewalks. (Westlane Village) No. 74-185 - A By-law tp provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Christensen, seconded by Aldermen Hunt that the following By-laws be now read a second and third time. No. 74-177 - A By-law to authorize the conveyance of land to The Niagara Falls Public Library Board. .No. 74-178 - A By-law to amend By-law No. 73-208 respecting sick leave credits, pensions and other benefits for employees. ~OTE: Aldermen Puttick indicated he was contrary to the approval of this by-law, No. 74-179 - A By-law to authorize the execution of a site plan agreement with Guglielmo Parrillo and Anna Parrillo. No. 74-180 - A By-law to amend By-law No. 2530,1960 of the former Township of Stamford, as amended. (Parrillo} No. 74-181 - A By-law to amend By-law No. 2350,1959 of the former Township of Stamford, now in the City of NtaSara Falls, as amended, (Biletchl) - 10- By-laws (Cont'd) No. 74-182 - A By-law to authorize the execution of an agreement with Philip Casucci Construction Limited for the construction of a firehall. No. 74-183 - A By-law to authorize the execution of agreements with B.E.N.Develop~ ments Limited and R.V.Anderson Associates Limited respecting engineering services for a proposed subdividon. (Bambi Estates) No. 74-184 - A By-law to authorize the execution of an agreement with D.L. Stephens Contracting Niagara Limited for the construction of roads . and sidewalks. (Westlane Village Subdivision) No. 74-185 - A By-law to provide monies for general purposes. The motion to approve second and third readings of the By-laws Carried with Alderman Puttick voting contrary to By-law No. 74-178 and all othersin favour. Note: Aldernmn Wallace returned to the Council Chambers. NEW BUSINESS GERBER PRODUCTS LTD. - 11- URBAN SERVICE AREA BOUNDARIES Alderman Thomson commented on the decision of the Regional Planning and Development Committee regarding the urban service area boundaries for the City of Niagara Falls. According to the minutes of the Committee's meeting, the initial motion approved the boundaries defined in the City's Official Plan but an amendment was passed designating a large portion of the industrial area in the south-west sector as "deferred industrial". The Alderman was concerned about the affect of the restrictions on the anticipated development of the area and the studies of the Business and Industrial Growth Committee. He also noted that according to the restrictions, residential development in the area cannot proceed until the area south of the former Village of Chippaws has been developed. Mayor Bukator advised that the recommendation of the Planning and Development Committee will be presented to the Regional Council and he suggested that Council make a decision as to whether they wish to confirm an earlier motion that the boundaries established by the official plan not be changed. Alderman Christensen suggested that Council members should read the minutes of the committee to acquaint themselves with the reasons for the restrictions. It was his opinion that the low lift pumping station in Niagara South was not being utilized and development west of Kalar Road would require retention ponds or additional pumping stations. Alderman Mann suggested that residents of Niagara South should be reassured that the City is not discouraging development south of the Welland River. The low lift pumping station is completed, he said, and development can now proceed. Alderman Puttick stated that a letter to Mrs. S. Terriaca from the Pollution Control Branch of the Ministry of the Environment, dated August 26th, confirmed that the sound level limits are three times greater than should be generated in the Carbet plant. A copy of the letter was provided to the City Clerk. UNCONTROLLED COST OF LIVING INCREASES Members of Council had been provided with a copy of the comments of Alderman Keighan regarding the cost of living and a suggested motion that appropriate departments at the provincial and federal levels of government take immediate action to effectively investigate and take the necessary steps to penalize those individuals, groups and/or corporations responsible for this serious situation; and this motion be circulated to other municipalities for endoraation and support. .ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace. that the matter be tabled for con~ideration when Alderman Keighan is in attendance. SPEED LIMITS - SODOM ROAD Alderman Hunt referred to his earlier suggestion that speed limit signs on SodomRoad be relocated and enquired as to what action had been taken. The City Engineer indicated that the Region was looking into the matter and' would take appropriste action as soon as possible. PROPOSED APARTMENT BUILDING - LUNDY'S LANE AT DORCHESTER ROAD Alderman Puttick drew attention to a notice of public hearing from the Committee of Adjustment in respect to a proposed apartment building at the south-west corner of Lundy'a Lane and Dorchester Road having a set-back of 174 feet from the westerly boundary. The by-law stipulates that no part of an apartment building be located closer than 190 feet from that part of the westerly boundary directly to the rear of the building and the Alderman expressed concern about allowing construction closer to the intersection. He suggested that the City oppose the application at the hearing on September 10th rather then perhaps having to appeal the decision of the C~muittee of Adjustment. Alderman Smeaton said it was his understanding that original plans were for a commercial building and requested clarification as to the intentions of the property owners. It was then moved by Alderman Puttick, seconded by AldermanSmeaton that the matter be referred to the City Manager for a report. The motion Carried unanimously. It was then moved by Alderman Thomson, seconded by Alderman Walker that Council reaffirm the original request that the urban service area boundaries to be established by the Region, coincide with the existing areas as established by the City, with a provision that consideration be given to the future expansion of the southerly boundary of existing Urban Service Area No. 2; further, that the City register strong objections to a proposal by the Regional Planning and Development Committee regarding the creation of a "deferred industrial" category in the general area of Garner Road. The motion Carried with the following vote: AYE: Aldermen Hunu, Mann, Harrigan, Smeaton, Schisler, Walker, Thomson, Wallace. NAYE:Aldermen Christensen and Puttick. DISTRIBUTION CENTRE In response to connents by Alderman Puttick, the City Manager confirmed that the Business and Industrial Growth Committee had received an amount of $10,000. for the use of information contained in the Batelle report relative to the need to establish a distribution centre. The monies will be shown as revenue in the Committee's budget. Alderman Puttick also indicated that he had not received s copy of the agreement with Klydel Holdings as requested. ADJOURNMENT The meeting adjourned at 12:15 p.m. on the motion of Alderman Walker, seconded by Alderman Thomson. READ AND ADOPTED, Mayor m HO~S FOR THE AGED Alderman Hunt enquired as to what the City could do about providing another home for the aged in the area in view of the demand for an additional facility. His Worship Bayor Bukator suggested that arrangements be made for representatives of the Ministry to meet with the Nayor's Cc~nittee on Housing to discuss the matter. 't TWENTY-EIGHTH MEETING Committee Rooms 2 & 3 September 9, 1974. SPECIAL MEETING During a meeting of the Council Connnittee held Monday, September 9,1974, a motion by Alderman Schisler, seconded by Alderman Walker to adjourn to a formal Council carried Unanimously. All members of Council were present with the exception of Aldermen Keighan, Thomson and Harrigan. His Worship Mayor George Bukator presided as Chairman. BY-LAWS No. 74-186 - A By-law to amend By-law No. 7142, 1966 being a by-law to prohibit the sounding of railway engine whistles at certain highway crossings in the City of Niagara Falls. (Thorold Stone Road) 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 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. The motion Carried with Alderman Puttick voting contrary and all others in favour. NEW BUSINESS NEW MARKET BUILDING In response to questions by Alderman Walker, the City Manager reported that work on the new northend market building is progressing; walls have been erected; concrete curbs installed for the walkway sections; a building is ready for demolition and two local demolition contractors will be asked to submit tenders. ADJOURNMENT ORDERED on the motion of Alderman Puttick, seconded by Aidennan Walker that the m~eting adjourn and the Council Committee reconvene. READ AND ADOPTED, Mayor TWENTY-NINTH MEETING Committee Room ~1, September 16, 1974. COMMITTEE OF THE WHOLE Council met in Committee of the Whole on Monday, September 16, 1974 at 7:15 p.m. All Members of Council were present with the exception of Ald Hunt, Walker, Wallace and Mayor Bukator. Alderman Puttick presided as Chairman. Following consideration of the item presented, it wss moved by Alderman Mann, seconded by AldermanSchisler that the Committee of the Whole arise without reporting. READ AND ADOPTED, REGULAR MEETING Council Chambers, September 16, 1974. Council met on Monday, September 16, 1974, at 7:30 p.m. for the purp~ e of considering general business. All Members of Council were present with the exception of Alderman Hunt, Walker, Wallace and Mayor Bukator. Alderman Mann offered the Opening Prayer. RESOLUTION No. 122 - MANN - THOMSON - RESOLVED that Alderman Robert Keighan be appointed as Presiding Officer during the absence of His Worship Mayor George Bukator; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that the minutes of the September 9th, 1974 meeting be adopted as printed and the minutes of the meeting of September 3, 1974, be adopted with a correction on Page 1, Line 3 ,to indicate the absence of Alderman Keighan. UNFINISHED BUSINESS OLD LIBRARY BUILDING CoEm.4186 - Social Planning Council, Core Building Committee - Re: Old Library Building and proposed central building to house a number of agencies that provide social and health services; submitting a brief prepared by the Core Building Comittee and requesting the favourable consideration of Council. Report 41459 - City Manager - Submitting a brief prepared by the Social Planning Council outlining the advantages of establishing a core building and the manner in which it could be operated; recon~ending endorsation of the concept of s core building subject to (a) acquisition by the City of clear title to lands presently owned by the Library Board; (b)lease of the site to the Social Planning Council for $1.00 per year; (c)the setting of renta~at a rate sufficient to create a self-sustsining operation and (d) detailed review of the lease by City Council prior to finalization of the agreement. CeDERED on the motion of Aldernmn Thomson, seconded by Alderman Smeaton that the report of the City Manager be received end adopted. (~OOD GOSPEL ~LL - PROP(~ED BUS GAPAGE By-law 74-6 - A zoning amendment to permit the erection of s garage for a church bus at the corner of lisvkins St. and Adsms Ave. - 2- Oakwood Gospel Hall (Cont'd) Report ~ 460 - City Clerk - Advising that the Ontario Municipal Board has appointed Tuesday, November 5, 1974, at 10:00 a.m. for the hearing of all parties interested in supporting or opposing the application. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and filed and the date of the hearing noted by members of Council. JULES VERNE THEME PARK Report #461 - Planning and Development Committee - Re: AM-40/73 G.& A.Holdings Inc., 'Uules Verne Theme Park", Part Lots 4 to 10, Broken Front,Concess ion, Welland River. The applicant proposes to develop a theme park, 'World of Jules Verne" on the site. Details of the proposal are outlined in a synopsis attached to the report. Recommending approval of the application subject to (a) an amendment to the Official Plan encompassing the area bounded by Stanley Avenue, Welland River, Q.E.W. and the extension of Reixinger Road to Lyon's Creek; (b)discussions for the preparation of a suitable development,~greement. between · the applicant and affected parties; (c) preparation of a suitable by-law; (d) submission of the by-law to Counoil after an appropriate development agree- ment has been entered into. At the request of the applicants, the report was deleted from the agenda on the motion of Alderman Thomson, seconded by Alderman Schisler. The motion Carried. unanimously. COMMUNICATIONS No. 108 - Mrs.Edith A. Powell and 135 Other Residents of the Glenview Area. A petition regarding the continuation of the operation of Niagara Helicopters at the present location and requesting that some action be taken to stop or curtail the extreme noise. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the communication be received and staff be authorized to meet with representatives of the petitioners, the operators of Niagara Helicopters and representatives of the Department of Transport and a full report be prepared and submitted to the City Council. It is understood the report will include information as to the steps that may be taken by the municipality and the federal government to resolve the problem; the possibility of a change in the flight pattern to improve the situation; whether zoning of the property permits the operation of an airport and the possibility of enacting the City's noise by-law. No. 109 - J. Masssen and 91 other residents of the O'Neil Street Area. A petition requesting the prohibition of truck traffic on O'Neil Street. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Thomson that the conmaunication be received and referred to staff for the preparation of a by-law prohibiting heavy truck traff]conO'Neil Street; that the Projects Engineer be instructed to study and submit recommendations in respect to a similar prohibition on Stamford Green Drive and the matter of speeding vehicles on O'Neil Street be referred to the Police Department. No. 110 - Niagara South Board of Education - Submitting a report by Mr.j.C. McClure, Rentals Officer regarding "Community Use of Schools". ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the communication be received and filed. REPORTS No. 462 - City Clerk - Report of the Council Committee. Reconunending that the action suggested by the Council Conmtttee be ratified by adoption of the report. 1. ROBINSON STREET BRIDGE - The Count il Conraittee recommends that the Council of the City of Niagara Falls adopt a proposal for the construction of a three-lane bridge over the Robinson Street crossing of the Penn Central Railway; the acquisition of the lands necessary to widen Robinson Street to four lanes; the construction of retaining walls at the easterly end of Robinson Street to reduce the amount of property required in conjunction with the road widening; to authorize negotiations with the owners of the Botyanski property for an amendment to the existins agreement covering their lands; authorizing the proceedins with negotiations with federal and provincial bodies regarding approval of the scheme as presented and to permit the prepare' tion of a by-law authorizing the expenditure of funds to cover the entire project. - 3 - 2. URBAN AREA BOUNDARIES - NOTICE OF MOTION The motion to be considered by the Regional Council on September 19th will establish urban services areas within area municipalities as they are pre- sently established or proposed by municipal Official Plans. Recommendation: That the City Council endorse the Notice of Motion regarding the establishment of urban service area boundaries. Note: Aldermen Puttick and Christensen indicated they were contrary to this portion of the report. · INSPECTION OF O.H.C.INNOVATIVE HOUSING - It is recommended by the Council Committee that Council approve arrangements for a visit to Bramalea on Saturday, September 21st. 4. SHRINER'S CREEK - The City Manager submitted a report on the availability of firms to carry out an environmental impact study on Shriner's Creek. Recommendation: That City Staff be authorized to consult three local firms, namely, Acres Consulting Services, DeLeuw Cather and Canadian- British Consulting ~s well as Proctor and Redfern of St. Catharines and other firms ,'based in the Niagara Peninsula, requesting proposals, including cost estimates, for the carrying out of an Environmental Impact Study, subject to such proce- dure being approved and accepted by the Niagara Peninsula Conservation Authority. INCREASED COST FOR ASPHALT CEMENT AND SURFACE ASPHALT WORK. The Council Committee recommended that Council authorize Warren Bitulithic Ltd. to complete three tennis courts, the market place and a section of Kent Avenue at increased prices for asphalt cement and surface asphalt work. The authorized increases are .40~ more per ton for base asphalt and an additional .73¢ per ton for surface asphalt. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the report of the Council Committee be received and adopted. The motion Carried with Aldermen Puttick and Christensen voting contrary to Item ~2 and all others in fayour. Reports (Cont'd) No. 463 - Planning and Development Committee - Re: AM-31/73 J.Brown, Lot 12, Pt. Lot 13, River Road and John Street. An application for a zoning amendment from Residential 3 to Tourist Caranercial to permit development of a motel. The report reeommends that, based on a 22-unit motel, Council approve the application subject to conm~ents and approval from the Ministry of Transportation and Communications and subject also to a s its plan agreement; reconnnending further that Council certify, by resolution, that the application will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area after an Official Plan Amendment is enacted by Council and approved by the Minister of Housing. Comm. No. 111 - Niagara Parks Commission - Advising that the Niagara Parks Connnission wishes to be recorded as continuing its objection to any expansion of tourist tommarital facilities adjoining River Road. Comm. No. 112 - Petition from 51 residents of the John St. - River Road area objecting to a proposed motel on property located at the corner of John Street and River Road. ORDERED on the motion of Alderman Christensen, seconded by Aldermen Smeaton that Mr. J. Broderick, be grants d permission to address Council· Mz.Broderick~ solicitor for the applicant, stated that his client wishes to develop the vacant land which has been owned by the family for 24 years. Me said the suggestion that the plan be scaled down has been complied with inasmuch as the original proposal was for 100 units and the applicant now wishes to construct a 36-unit motel. The plan, he said, will meet all standards,desirable and aesthetically acceptable as well as improving the area generally. Mr. Broderick expressed the opinion that parkingsincreased traffic and safety features are not valid. Although presently zoned Residential 3, he suggested the land will never be developed for residential usage and,' in fairness to Mr. Brown, Council should allo~. him to develop the property in the best way possible. Mr. Art Smith, was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Schisler. -4- Report ~ 463 (Cont'd) Mr. Smith expressed the concern of residents of the area objecting to the proposal, particularly the threat of con~nercial development progressing north along River Road affecting the residential area. Mr. K. Murphy was granted permiss ion to address Council on the motion of Alderman Thomson, seconded by Alderman Harrigan. Mr. Murphy said that he had recently purchased a home on River Road to accoumodate his own family and prior to the purchase had confirmed that zoning of the area provides for single family and two-family development and tourist homes. He commented on previous applications for rezoning of the property and the Planning and Development Connmittee's decisions to not recommend them to Council for approval. He suggested the proposal would cause traffic congestion and noted that John Streeff is a narrow roadway and unsuitable for additional traffic. Mr. Murphy suggested that a motel would be a detriment to the area, would not be in the best interests of the residents and would lead to the ruin of some fine old properties. Following considerable discussion, it was moved by Alderman Harrigan, seconded by Alderman Thomson that the report of the Planning and Development Committee be received and filed and all applications presently before the Committee for the rezoning of the property owned by J. Brown and located on the corner of River Road and John Street, to permit the construction of a motel be denied by City Council. The motion Carried unanimously. No. 464 - Planning and Development Committee - Re: AM-21/74, L. & C. Vescio, Pt.Block 26, Plan 1, east side Clark Street. A change in zoning from Resi- dential 3 to Commercial will permit the erection of a restaurant with an apartment above; reconmending approval of the application subject to a s ire plan agreement and that Council certify, by resolution, that the application conforms to Official Plan No. 28 of the Niagara Falls Planning Area. ORDERED on the motinn of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. See Resolution No. 123 No. 465 - Planning and Development Committee - Re: AM-34/74 M. DeBiasi, Lot 146 and Pt.Lot 127, 4938 Walnut Street. The applicant proposes to construct an addition to an existing home for retail purposes; recor~nending denial of the application. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the report be.received and adopted and the application of M. DeBiasi be denied. No. 466 - City Manager - Water Restrictions, 1974. Commenting on the necessity for the water restrictions; the water pressures since rest~ictions were imposed and the installation of a temporary water line to provide an emergency water supply to the Village of St. Davids.. The report suggests that the restrictions may be lifted on September lath unless an extended dry spell is forecast. ORDERED on the motion of Alderman Mann, seconded by Alderman Schis.ler that the report be received and filed. No. 467 - City Manager - Re: Unopened road allowance in the former Township of Willoughby - Lots 20,21,22 and 23 in Broken Front Concession and Concession No. 1. Recommending that in order to permit the owners to authenticate the right of title and to proceed with registration of the land under the Land Titles Act., Council approve the preparation and passing of a by-law to close the unopened road allowances and conveyance to Welland Securities. ORDERED on the motion of Alderma.n,H~rrigsn, seconded by Alderman Christensen that the report be received and tabled pendin~ additional informatipn from the City Solicitor. No. 468 - City Manager - Re: Maintenance on Regional Roads. Recommending that the Region be requested to confine its crack filling operations to a period before June 15th and after September 15th in the City of Niagara Falls on those s.treet8 indicated on 8 plan attached to the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted. - 5 - Reports (Cont'd) No. 469 - City Manager - Re: Pumping Station at City Land Fill Site. Recommending that Canadian-British Engineering Consultants Ltd. be hired as consultant for the installation of the pumping station at the land fill site and, in due course, the pump and forcemain. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fern that the report be received and adopted. No. 470 - City Manager - Re: Contract for Local Improvement Work,No.L.I.27-74. Reconmending, subject to the approval of the Ontario Municipal Board, that the unit prices, in the total amount of $142,117.22, be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. See Resolution No. 124 No. 471 - City Manager - Re: Demolition, 4613 St. Clair Avenue. Recommending acceptance of the lowest bid received from G.Washington Demolition in the amount of $950.00. During the discussion, Alderman Christensen requested a report on the possibility of calling tenders for sale and removal of buildings, where feasible, rather than having such structures demolished. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. See Resolution No. 125 No. 472 - Mayor George Bukator - Re: Proposed construction of a district tourism centre to replace existing tourist information centres in St.Cstharines and Niagara Falls; recon~nending that the matter be investigated by staff and Council register strong objection to any proposal of the Ministry of Industry and Tourism which will reduce or eliminate the availability of tourist information within the City of Niagara Falls. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the report be received and adopted and members of staff work in conjunction with the Niagara Resort and Tourist Association and the Regional Tourist Council in investigation of the matter. No. 473 - City Manager - Building Permits issued for the month of August,1974. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the report be received and filed. No. 474 - City Clerk - Resolutions from other Municipalities. 1. Town of Fort Erie and Town of Grimsby - A resolution objecting to a proposed impost fee of $500. as a contribution toward Regional sewer and water facili- ties. Recommendation: That a copy of the City's report on this matter be forwarded to the Towns of Fort Erie and Grimshy and the resolutions be received and filed. 2. City of Kingston - A resolution requesting mandatory use of seat belts. RecoEmending that the resolution be endorsed. Note: Alderman Smeaton indicated he was not in agreement with this resolution. 3. Town of Orsngeville - Requesting the removal of Provincial Sales Tax on all capital expenditures incurred by a municipality. Recommending that the " resolution be endorsed. 4. City of Mississauga - Requesting the appointment by the Attorney General of professional arbitrators to handle police and fire arbitration. Recommending endorsation of the resolution. 5. City of London - Requesting the termination of existing annuity contracts to permit municipalities to re-invest pension funds at a more appropriate rate of interest. Recommending endorsation of the resolution. 6. City of London - Requesting the province to carry out a study relative to the cash flows of municipalities. Recommending endorsation of the resolution. 7. City of London - Requesting that the province reta in responsibility for and control of, the assessment function. Reconnnending that the resolution be received and filed. -6- Report ~474 (Cont'd) 8. City of London - Requesting a study of the current legislation providing tax exemption for lands used for farming purposes. Recommending endorsation of the resolution. 9. Town of Whitby - Requesting a review of the procedures and regulations respecting special permits. Reccann~nding support of the resolution. 10.Township of Gloucester - Requesting the provincial government to encourage a deposit and refund system for glass containers. Recommending that the resolution be returned with a suggestion that it be re-written to clearly indicate the intent. - 7- By-laws (Cont'd) No. 74-187 - A By-law to authorize the sale of land in the Falls Industrial Park. (The by-law requires a 3/4 majority vote of Council) ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the By-law be tabled for consideration at a future meeting. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Schisler that leave be granted to introduce the following by-laws and the by-laws be given a first reading~ ORDERED on the motion of Aldernmn Th.omson, seconded by Alderman Puttick that the report of the City Clerk be received and adopted. The motion Carried with Alderman Smeaton voting contrary to the resolution from the City of Kingston respecting the mandatory use of seat belts. No. 475 - City Clerk - Recommending 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. 476 - City Manager - Reconnnend ing payment of Municipal Accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. RESOLUTIONS No. 123 - MANN - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of L. and C. Vescio for the rezoning of property known as Pt.Block 26, Plan 1, located on the east · side of Clark Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Ministry of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 124 - MANN - THOMSON - RESOLVED that the contract, No. L.I.27-74, for the installation of certa in Local Improvement works on various streets in the municipality be awarded to Damore Brothers Limited at the unit prices submitted; AND the Seal of the Corporation be hereto affixed. Carried Unanimous ly No. 125 - MANN - THOMSON - RESOLVED that the contract for the demolition of a building at 4613 St.Clsir Avenue be awarded to the low tendeter, G.Washington Demolition in the amount of $950.0q; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 126 - CHRISTENSEN - SCHISLER - RESOLVED that the Corporation of the City of Niagara Falls petition the Ministry of Transportation and Communications for interim payment under the Public Transportation and Highway Improvements Act on , expenditures made for public transportation during the year 1974, as follows: Capital Asset Assistance Program $ 255,515.97 Transit Operating Deficit $ 127,485.00 Total Expenditure $ 383,900.97 , AND the Seal of the Corporation be hereto affixed. ,,, Carried Unanimously No. 127 - MANN'- HARRIGAN - RESOLVED that a letter of sympathy be 'forwarded to the family of the late Mrs. Earl Bridge, respected resident of the Municipality and daughter of Mr. and Mrs. Thomas Macrae; AND the Seal of the 'Corporation be hereto affixed. Carried Unanimously BY-LAWS No. 74-137 - A By-law to authorize the erection of a fire hall. (The By-law was given a first and second reading on July 9, 1974. ORDERED on the motion of Alderman Christensen, seconded by Alderman Smeaton that the By-law be now given a third reading. Carried Unanimously No. 74-188 - A By-law to authorize a subdivision agreement with Namgood Construction (Niagara) Limited. (Solar Subdivision - Riall St.) No. 74-189 - A By-law to authorize the execution of a site plan agreement with Luigi Vescio and Caterins Vescio. (east side of Clark Avenue) No. 74-190 - A By-law to amend By-law No. 5335, 1955, as amended. (Vescio) No. 74-191 - A By-law to authorize the execution of an agreement with Damore Bros. Limited for the construction of storm and sanitary sewermains. (St.John St., St.Marks Ave, St.James Ave and Dorchester Road) No. 74-192 - A By-law to authorize the execution of an agreement with Gordon Washington for the demolition of buildings. No. 74-193 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Christensen, seconded by Alderman Harrigan that the following by-laws be now given a second and third reading: No. 74-188 - A By-law to authorize a subdivision agreement with Namgood Construction (Niagara) Limited. No. 74-189 - A By-law to authorize the execution of a site plan agreement with Luigi Vescio and Caterins Vescio. No. 74-190 - A By-law to amend By-law No. 5335, 1955, as amended. No. 74-191 - A By-law to authorize the execution of an agreement with Damore Bros. Limited for the construction of storm and sanitary sewermains. No. 74-192 - A By-law to authorize the execution of an agreement with Gordon Washington for the demolition of buildings. No. 74-193 - A By-law to provide monies for general purposes. NEW BUS IRES S DESIGN AND CONSTRUCTION ENGINEER Mr. Ken Yu, the newly appointed Design and Construction Engineer for the City, was introduced to the members of Council. PROFESSIONAL WRESTLING AT NIAGARA FALLS MEMORIAL ARENA ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that, conditional upon satisfactory arrangements being msde for present bookings at the Niagara Falls Memorial Arena, the City, in conjunction with Mr. T. Parisi, present professional wrestling matches every other Sunday where there is no conflict with Junior "A" hockey games, on a trial basis. The motion Csrri,ed unanimously. RECREATION CO~4ISSION - FALL AND WINTER CALENDAR Aldermen Mann drew attention to the fact that the Fall and Winter · Calendar prepared by the Recreation Commission has been distributed throughout the Clty and noted the many activities that are available to all residents, -8- SWIMMING POOLS Alderman Puttick noted that the water in the Prince Charles Park Swimming Pool and the Mitchelson Park Pool had not been drained and expressed concern about the safety of children who may be tempted to climb the fence. In view of the fact that no attendant is on duty at the pools, the Alderman requested that the matter be brought to the attention of the Recreation Commission. POSSIBLE CONDOMINIUM CONSTRUCTION ON WELLAND LINE ROAD It was suggested by Alderman Puttick that consideration be given to the possibility of moving back Welland Line Road for the possible construction of condominiums. He pointed out that the roadway and the Industrial Park site are City-owned and services are available. Relocation of the road, he said, would create waterfront properties of, sufficient size for condominium con- struction and serve the City's need for additional housing. The Alderman said the proposal would be compatible with the Industrial Park because proper buffer zones would be planned and restrictions for the park prohibit smoke stacks and other unsightly construction. Alderman Puttick stated that although the suggestion had been put forth by a former member of the Planning Board, no action was taken. He moved a resolution that the City Manager be authorized to investigate the possibilities of the suggestion. The motion was seconded by Alderman Schialer and Carried unanimously. DORCt~STER ROAD - ROAD DEPRESSIONS Alderman Thomson reported that following completion of work by the contractors onDorchester Road near the new Glengowan Subdivision, the road had sunk leaving depressions. Purchasers of five new homes on Dorchester Road had reported that truck traffic was causing vibrations in their homes. The matter was referred to the City Manager. PETTIT AVE. - GLENGATE ST. INTERSECTION Alderman Thomson commented on the number of near-accidents at the corner of Pettit Ave. and Glengate St. Re said that cars travelling west on Pettit do not stop at the intersection and asked that consideration be given to the erection of a stop sign. REGIONAL TENDERING Alderman Thomson spoke about the advantages of purchasing in volume and the savings realized by area municipalities by the bulk purchase of road salt. He also commented on the successful system of area-wide purchasing by hospitals. The Alderman suggested that other items not produced within the Region, such as snow fence, posts and ties, should also be ~urchased in this manner. Alderman Smeaton stated that the Purchasing Management Association of Canada has given a great deal of study to joint public buying in conjunction with other government agencies and suggested guidance would be available from the Association and the province. The matter was referred to the City Manager for a report. UNCONTROLLED PRICES Note: Alderman Smeaton chaired the meeting during discussion of this time at the request of the Presiding Officer, Alderman Keighan. Members of Council had been provided with a copy of the comments of Alderman Keighan regarding the cost of living and a suggested motion that appropriate departments at the provincial and federal levels of government take imediate action to effectively investigate and take the necessary steps to penelize those individuals, groups or corporations responsible.for the situation and the resolution be circulated to other municipalities for support. Alderman Keighan expressed his concern about the lack of controls and the need to Justify alleged shortages before retail prices can be increased. There is no proof at the present time that shortages are valid and the consumer is the victim of the rise in costs. Alderman Keighan questioned the source of the increases noting that producers, farmers and fishermen are not realizing great profits and it would seem necessary therefore to have an investigation Of what is happening before products reach the consumer. - 9- Alderman Keighan asked for support of his motion and requested that copies be forwarded to other municipalities and provincial and federal government repre- sentatives for support and endorsation. It was moved by Alderman Puttick, seconded by Alderman Thomson that Alderman Keighan's submission be received and referred to the City Clerk for preparation of a formal resolution to be presented for consideration at a future Council meeting. The motion Carried unanimous ly. ADJOURNMENT The meeting adj ourned at 10:00 p.m. on the motion of Alderman Thomson, seconded by Alderman Schisler. READ AND ADOPTED, ing Officer THIRTIETH MEETING Council Chambers, September 30, 1974. REGULAR MEETING Council met on Monday, September 30th, 1974, at 7:30 p.m.for the purpose of considering general business. All Members of Council were present with the exception of Alderman Walker. His Worship Mayor George Bukator presided as Chairman. Alderman Fern offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the minutes of a regular meeting held September 16, 1974, be adopted as printed. WELCOME His Worship Mayor Bukator welcomed Mr. Banks, a visitor from Yorkshire England. Mr. Banks has served on s Council for sixteen years and is Chairman of an Urban District and was in attendance as an interested onlooker. His Worship the Mayor also welcomed and introduced Mr. James Elliott, a reporter for the St.Catharines Standard. DEPUTATIONS NIAGARA PENINSULA PEACE CONFERENCE Sister Diane Bridges was granted permission to address Council on the motion of Alderman Keighan, seconded by Alderman Christensen. Sister Diane described the Niagara Peninsula Peace Conference as a non-political group of citizens concerned about the need for social justice and peace in the world today. She said that while, at the present moment, the history of mankind is marked with fierce outbursts of revolutionary fighting, international conflict, class unrest, freedoms and rights crushed and an economical instability which could destroy the idea of peace - Peace is Possible. Personal tensions in the home, schools, social clubs and places of work, reflect world tensions that lead to war. Peace can be achieved, she suggested, with the strong support and creative action at the grass roots level. In order to stimulate interest in the need to promote peace in the lives of individuals, in the spirit of solicitude and brotherhood and in the interests of world peace, the Niagara Peninsula Peace Conference is appealing to religious bodies of all faiths, educational institutions, business, labour, service clubs and City Councils to endorse "Peace Week" October 2Oth to 26th~1974. The Conference is suggesting special programs in schools, religious services centred on the topic of peace~ plays, concerts, seminars and study groups. A list of films and speakers is available. Sister Diane appealed to Council for support and endorsation of Peace Week and concluded her remarks with "Let there be Peace on Earth and let it begin with me". The speaker was thanked by His Worship Mayor Bukator. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the City of Niagara Falls support and endorse "Peace Week" as requested by the Niagara Peninsula Peace Conference. NIAGARA PARKS CO~tlSSION SIGN POLICY Mrs. L. Henderson was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderma~Christenaen. As the operator of a motel on the Niagara River Parkway, Mrs.Henderson appeared before Council to protest a ruling by the Niagara Parks Commission that all existin8 business signs along the Niagara Parkway must be removed by November 1, 1974. She pointed out that Commission operations and other businesses along the Niagara River within the old City limits and the former Village of Chippawn are exempt from the regulations. The Henderson family, she sa ld, has assisted in the beautificatton of the scenic route by maintaining lawns and evergreens along 1500 feet of the river frontage st considerable expense for the past 25 years. Other objections to the sign policy include the feet that du~ to the absence of city lights along the Niagara River in the Willoughby section, an illuminated sign is an abesluts necessity; because of the darkness, - 2- N.P.C. Sign Policy (Cent'd) mist and fog, visitors and residents have difficulty orienting themselves and individualized signs are indispensable and provide comfort to the travellor and a landmark for local residents; the unfairness imposed by the Conmission regarding the signs themselves, confining advertising to om 4' x 6' olive green sign with white lettering not to exceed 4" and with an annual maintenance charge of $10.00,1ighting installation and power costs not included; the signs located on a dark road far from pointsof interest force the operators to accept lower than the going area rates; thick and low trees are another deterrent. In conclusion, Mrs. Henderson expressed the desire of business operators on the Niagara Parkway for equal rights and requested Council to intercede on their behalf. Mrs. Solose was also granted permission to address Council and advised that her family had recently ihvested a large amount of money in a business on the Parkway and said she could not understand why there should be a different ruling for different people on the same roadway. Her only wish is to protect the investment and add to the beauty of the scenic route. Following discussion of the matter by members of Council, it was moved by Alderman Thomson, seconded by Alderman Wallace that Mrs. Henderson's remarks be forwarded to the Niagara Parks Conmaission with a request for a letter of explanation in respect to the proposed sign regulationS. The motion Carried unanimously. UNFINISHED BUSINESS JULES VERNE THEME PARK Report 4/461 - Planning and Development Connnittee - Re: AM-40/73 G. & A. Holdings Inc., "Jules Verne Theme Park",Part Lots 4 to 10, Broken Front Con- tess ion, Welland River. The applicant proposes to develop a theme park, '~orld of Jules Verne" on the site. Details of the proposal are outlined in a synopsis attached to the report. Recommending approval of the application, in principle, subject to (a) an amendment to the Official Plan encompassing the area bounded by Stanley Avenue, Welland, River, Q.E.W. and the extension of Reixinger Road to Lyon's Creek; (b) discussions for the preparation of a suitable development agreement between the applicant and affected parties; (c) preparation of a suitable by-law; (d) submission of the by-law to Council after an appropriate development agreement has been entered into. Note: At the request of the applicants, the report was deleted from the agenda of the September 16th meeting. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Mr. Ron Perkin on behalf of the applicant and Mr. John Bredcrick on behalf of Welland Securities be granted permission to address Council. Mr. Perkin explained that~t the Sept. 16th meeting,. Council was requested to table the Planning and Development report because representatives of Welland Securities were in attendance to protest the application. It was agreed that the two parties should discuss the matter prior to presentation of the report to the City Council. A meeting was arranged during which Welland Securities requested that G. and A. delay presentation of the project for three or four months. The suggestion was unacceptable to G. and A. Holdings. Mr. Perkin advised that the applicants are now seeking an indication from · Council as to whether they want the project to proceed as well as approval of the proposed site. Mr. Bredcrick asked Council to delay granting approval in. principle of the Jules Verne Park project until the location of the Southerly extension of Stanley Avenue has been determined by the Region. Welland Securities, he said, has been preparing overall plans for a 180-acre site along the extension of Stanley Ave. The developmant, he suggested~ would be most attractive and desirable and would not compete with the Jules Verne Park. If the G. and A. application is approved at this time, Mr.Broderick indicated his clients would encounter delays because the capacity of sewers in the area would be used by the other development and a mass rezoning of adjacent property may obstruct development plans. He expressed the opinion that, if given sufficient time, a schedule could be worked out whereby planning could go forward on compatible ground rather than Welland Securities being put in the position of having to oppose the C. and A. application. The Welland Securities proposal also required an Official Plan amendment and Mr. Broderick suggested the · requested delay would permit his client's plans to be sufficiently developed so both projects could proceed together instead of their being competition .: - 3 - between the two groups. In addition, negotiations with the Region in respect to the Stanley Avenue extension south of the Welland River could be finalized. During the discussion, consideration was given to a suggestion by Alderman Wallace that the rezoning be expanded to include the Welland Securities properties but some numbers of Council were of the opinion that inasmuch as Welland Securities had not as yet applied for an official plan amendment and the G. and A. application for rezoning had been submitted and processed in the usual manner, only the Jules Verne Theme Park should be dealt with at this time. It was then moved by Alderman Harrigan, seconded by Alderman Smeaton that the report of the Planning and Development Committee be received and the application of G. and A. Holdings, Inc. be approved in principle subject to four conditions enumerated in the report. The motion Carried with Alderman Wallace voting contrary and all others in favour. WATER SUPPLY SYSTEM Report # 477 - City Manager - The report refers to a previous presentation by Mr. E.Sherar regarding the'operation of the water supply system in the City and, in particular, the advisability of installing water meters. The report comments on statements made by Mr.Sherar and recon~nends that a copy of the report be provided to Mr. Sherar. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the report of the City Manager be received and adopted. COMMUNICATIONS No. 111 - Group 2 Development Ltd. on behalf of Subdivision Devel~rs - Providing clarification as to the subdivision developers suggestions'~egsrding the City's Declaration of Policy for Subdivision Development, particularly in respect to revised imposts; submitting a table of proposed expansion and renewal imposts per unit single family and two family units and the means of determining the range of frontages; requesting that the proposed expansion and renewal impost per unit and the range of frontage be inserted in the subdivision policy. During discussibn of the matter, the City Engineer provided further clarification in response to questions posed by members of Council and indicated that the suggested revised imposts and frontage ranges would be best for the Municipality. It was then moved by Alderman Hunt, seconded by Alderman Harrigan that the communication be received and the suggested proposed expansion and renewal imposts per unit single family and two family only and the range of frontage as contained in the communication from Group 2 Development Ltd. be inserted in the City's Declaration of Policy for Subdivision Development. The motion .Carried with the following vote: AYE: Aldermen Hunt, Harrigan, Keighan, Smeaton, Schisler, Thomson. .NAYE:Aldermen Christensen, Fera, Mann, Wallace and Puttick. No. 112 - Regional Municipality of Niagara - Re: Proposed Westwood Village, Extension ~2 - Draft Plan of Subdivision, City of Niagara Falls. Advising that the Public Works and Utilities Committee will recommend to the Regional Council approval of the draft plan of subdivison from a servicing viewpoint subject to receipt of an agreement from the City of Niagara Falls that this draft plan be a charge against the remaining allotment available for development as deter- mined by the Ministry of the Environment. ORDERED on the motion of Alderman ~chisler, seconded by Alderman Hunt that the communication be received and the City provide the required confirmation that the development of Westwood Village Subdivision will be considered as a commitment to the allotment established by the Ministry of the Environment for future development. No. 113 - Ministry of Housing - Re: Regional Comments to the Ontario Municipal Board on Restricted Area (Zoning) By-laws. Advising that the municipality will now be required to forward copies of all zoning by-laws to the Regional Municipality s~ well as the Ministry of Housing. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the communication be received and filed and the change in procedure be appro~ed. - 4- REPORTS No. 47B - City Clerk - Report of the Council Committee. 1.Buckley Avenue Senior Citizens Project - A report from His Worship Mayor Bukator on behalf of the Mnyor's Committee on Housing recommended that Council reaffirm, in principle, the development of a sen~citizens and geared-to-income housing units in the Bnckley Avenue area and request comments from various groups and organizations; that the Ontario Housing Corporation be requested to approve the proposal, subject to lands being made available st appraised value and reconmnending further that City Staff be authorized to initiate whatever action is necessary. The Council Committee recommends adoption of the recommendations contained in the report. Declaration of Subdivision Policy - Recommendation: That the proposed policy as submitted to the Council Committee on April 8th, 1974, be adopted subject to the following revisions: a) modifications contained in the report of the City Manager dated August 6, 1974. b) Revisions contained in a report submitted to the Council Committee dated September 23rd, as modified by the following change: "that the impost fee expansion and renewal funds for single family and two family lots be based on a rate of $14.00 per foot frontage. NOTE: As a result of Communication No. 111 from Group 2 Development the recommendationwas amended to read: "that the impost fee expansion and renewal funds for single family and two family lots be based on the table inclnded in the presentation of Group 2 Development and as approved by the City Council. (See Comm. No.lll, Page 3) Neighbourhood Improvement Program & Residential Rehabilitation Assistance .Program. A report from the City Manager recommended the execution of an agency agreement with Central Mortgage & Housing, the hi~ing of a Property Standards Officer and the formation of a committee to consider the formation of a Property Standards Committee. Conmunity Planning Association of Canada - Recommendation: That City Council authorize the Planning Administrator and M~F..Petrie~ a. mambe~ of the Planning and Development Committee, to attend the annual conference of the Community Planning Association in Regina, September 29th to October 2nd,1974. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report of the Council Couw~ittee be received and Council ratify the recommenda- tions, as amended. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Harrigan, Keighan, Smeston, Schisler, Thomson. · A~E:Aldermen Mann, Wallace, Fera and Puttick. No. 479 - Planning and Development Committee - Re: AM-35/74 Canjam Development Ltd.,Pt.Twp. Lot 73, east side Sinnicks Avenue,north side St.John Street. A change in zoning would permit construction of 4 four-unit dwellings on a 1.9 acre parcel. The report reco~auends denial of the application and advises that the applicant has requested the application be withdrawn as a new application at a lower density will be submitted at a later date. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and filed. The motion Carried with Alderman Wallace declaring a conflict of interest and abstaiBing from voting· No. 480 - City Manager - Re: AM-15/74 Corald Developments Ltd.,Pt.Twp.Lot 116, west side Montrose Road, north side Watson Street. An application to permit the construction of a 47-unit 3-storey apartment building· Recc~nending that further process ing of the by-law be held in abeyance and the Ministry. of Transportation and C~unications be requested to acquire the entire property. ORDERED on the motion of AldermenSmeaton, seconded by Aideman Hunt that the report be received and adopted. No. 481 ' City Manager - Re: Battelle = Extension of Contract. Advising that the study regarding the potential of the Westlane Industrial Basin has not been completed and the Battelle Institute has agreed to extend the terms of their contract to the end of the year. The tote1 estimated cost for the project will remain at $7,000.; recommending that the contract between Battelle and the City be extended to December 31, 1974. ORDERED onthe motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted. j_ - 5 - Reports (Coni'd) No.482 - City Manager - Re: Railway Relocation in the City of Niagara Falls. Recommending the passing of resolutions (a) stating that the City of N;agara Falls is most interested in participating in the legislation provided in Bill C-27 and requesting provincial and federal support of the undertaking (b) requesting the Regional Municipality of Niagara to endorse this proposal and provide support both from a financial and staff point of view and (c) that a comnittee be formu- lated to assist the City and the Region in processing various studies required to effect a railway relocation for the City of Niagara Falls. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Fera that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary and all others in favour. See Resolution Nos._!28,129 & 130 No.483 - City Manager - Re: Tourist Information Facilities. Submitting infor- mation regarding proposed alterations to the existing building adjacent to the former toll booths east of the Garden City Skyway for conversion to a tourist information office. City Officials have been assured that a major tourist information building will always be maintained in the City of Niagara Falls. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the report be received and filed. No. 484 - City Manager - Re: Lots 10 and 11, Plan 243, Falls Industrial Subdivision. Recommending that the City agree to the sale of Lots 10 and 11 from Mr. Louis Filo to Messrs Balogh and Pinkernelle, subject to the following conditions: a) cancellation of the proposed sale of Lot 13 to Mr.Balogh; b) agreement by Mr.Pinkernelle to the re-purchase by the City of Lot 15 at a price of $4,472.00; c)the new owners enter into an agreement with the City that they will not sell Lot 11 without the consent in writing of the City and the City be entitled to re-purchase the lot at 80% of the initial purchase price of $4,120.00 if it is not built upon within a specified period; d)the new owners enter into an agreement providing for the improvement of the outward appearance of the building on Lot 10 and the driveway and grounds to conform to the requirements in the deed to Mr. Filo and the Industrial Park By-law No. 8035,1969 and containing the usual site plan agreement provisions covering future expansion contemplated for Lot ll. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Chris tensen that the report be received and adopted. No. 485 - Cit~Ma__~_ge__r - Re: Registration of Plans of Subdivision under The Land Titles Act. The report notes that since 1974 all plans of subdivision in the Region must be registered under The Land Titles Act and where lands have been registered under The Registry Act, an application for a first registration under The Land Titles Act must be made. In order to facilitate the processing of several proposed subdivisions, it is recommended that Council approve an appropriate by-law appearing later on the agenda. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See By-law No. 74-199 No. 486 - City Manager - Winter Maintenance of Swimming Pools. Advising of the procedure followed to maintain equal pressures during freeze-up periods; advising. also that snow fencing has been placed across the entire surface of the water as a precautionary measure and will remain in place until the 1975 opening of the pools in Mitchelson Park and Prince Charles Park. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report he received and filed. No. 487 - City Manager - Re: Easement for Sidney Street Local Improvement Storm Sewer. Recommending that the Niagara South Board of Education be advised of the City's acceptance of compensation in the amount of $2,000. for a permanent sewer easement and, further, that the City Solicitor be instructed to finales the easement agreement with the Board. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 488 - City Manager - Re: Site Plan Approval, Crystal Motel, River Road, AM-8-73. Advising that the Committee of Adjustment has approved a minor variance to permit a proposed addition to come within 12'9" of the easterly limit of May Avenue; reco~nnending approval of the site plan as submitted. ORDERED on the motion of Alderman Thomson, seconded by Alderman llunt that the report be received and adopted. - 6- Reports (Cont'd) No. 489 - City Manager - Re: Site Plan Approval - Holdale Investments AM35-72, south-west corner of Lundy's Lane and Dorchester Rd. Advising that the site plan has been reviewed and accepted by the Site Plan Technical Committee; recommending approval of the site plan as submitted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. The motion Carried with Alderman Fera voting contrary and all others in favour. No. 490 - City Manager - Re: Site Plan Approval - Wedgewood Builders, Block E, N.S.15 Non- Amendment 24. Advising that a revised site plan has been reviewed and accepted by the Site Plan Technical Committee; recommending approval of the site plan as submitted. ORDERED on the motion of Aldermen Thomson, seconded by Aldermen Hunt that the report be received and adopted. No. 491 - City Manager - Re: Site Plan Approval - Romeo Barber Shop, 4337 Drummond Road AM-293. Referring to Council's earlier approval of an addition to an existing dwelling for the purposes of a barber shop; advising that the applicant has requested an amendment to the site plan to permit construction of an attached garage at the rear of the building; recommending approval of the site plan as submitted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 492 - Recreation Commission - Re: Niagara South Recreation Association. Recommending that Council enter into an agreement with the Niagara South Recreation Association for the annual operation of the food concession and skate sharpening concession and that a 11 net profits be returned to the complex. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the report be received and adopted. No. 493 - City Manager - Re: Offers to Purchase properties acquired by the City through tax registration or tax sale procedures. The report recommends acceptance of certain offers as follows: Parcel No.4, adjacent to 4488 Bridge St., 33.4' x 27'. Recommending that the property be sold to the adjoining owners, F~.N.E.Brennan at the offered price of $100.00. Parcel No.6, Ulster Ave., 100' x 100'..Recommending that the offer of Mr.V. Baldry in the amount of $9,175.00, be accepted. Parcel No.7, Lundy's Lane at Beechwood Rd.,18' x 78.38'. Recommending that the property be retained by the Municipality for possible disposal at a later date. Parcel No.8, 4835 Erie Ave., retain this parcel of land until the future use of the remaining portion of Lot 65 has been confirmed. Parcel No.ll,Lundy's Lane, 56.26' x 167.88',Pt.Lot 138. Recommending that the land be sold to Mr. C.A.Romeo at the offered price of $3,100.00. Parcel No.15,Buttrey Ave.corner Terrace Ave., 83.30' x 87.77'. Reconmaending that the offer of $2,750.00 submitted by blr.C.A.Romeo be accepted. ORDERED on the motion of Aldermen Schisler, seconded by Aldermen Smeaton that the report be received and adopted. No. 494 - City Manager - Re: New Manhole at 6361 Colborne Street. Reco,~aending that Provincial Construction Ltd. be awarded the contract in the amount of $3,000. for a new manhole at 6361 Colborne Street. ORDERED on the motion of Alderman Thomson, seconded by AldermenSmeaton that the report be received and a~opted. See Resolution No. 131 .No. 495 - City Manager - Re: Rotary Mowers. Recommending approval of the folloming tenders for the supply of rotary mowers: Item No.1 - 5 Toro Meavy Duty - Crawford Mower and Marine - $3,236.75 Item No.2 - 5 Lawn Boy Heavy Duty - Drumlond Sportse&iCye~"~ $735.63 Item No.3 - 6 Lawn Boy Super Con~ercial.- Crawford Mower and Marine - $1,155.28. ORDERED on the motion of Aldernmn Hunt, seconded by Alderman Christensen that the report be received and adopted. See Resolution No. 132 No. 496 - City Manager - Re: Intersection of Terrace Ave. and Elgin St. Recommending that the necessary by-law be prepared to provide for the erection of atop signs on both Elgin Street approaches at Terrace Avenue. ORDERED on the motion of Alderman Christcnaen, seconded by Alderman Hunt that the report be received and adopted. L - 7 - No. 497 - City Clerk - Advisory Report - Miscellaneous Items. The report recommends a subscription to a half-page ad in the Niagara Falls PeeWee Hockey Tournament program at a cost not to exceed $50.00; approval of the Kinsman's Club Annual Feaut Sale; approval of the proclamation of Fire Prevention Week. The report also provides informat ion about the United Way "Poor Boy Luncheon" and the notification to residents of the Balmoral neighbourhood regarding a public presentation of the neighbourhood plan. ORDERED on the motion of Alderman Mann, seconded by Alderman Keighan that the report be received and adopted. No. 498 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the mot ion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted and licenuts granted. No. 499 - 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. 128 - HARRIGAN - FERA - RESOLVED that WHEREAS Bill C-27 involving a railway relocation and crossing act has been passed by the Federal Government of Canada; and WHEREAS the Province of Ontario is in the process of giving final consideration to its participation in the railway relocation in various municipalities; and WHEREAS the City of Niagara Falls, for a number of years, has considered the relocation of the Penn Central Railway, which now traverses the City, as a metter of the most urgency; and WHEREAS various studies have been prepared which indicate the desirability of telousting the said Penn Central Railway; THEREFORE BE IT RESOLVED that the City of Niagara Falls petition the Provincia 1 and Federal Governments to support the City of Niagara Falls in both a staff and financial manner, for the preparation of any studies necessary to justify the relocation of the Penn Central Railway; AND BE IT FURTHER RESOLVED that the Provincial and Federa 1 Governments be petitioned to provide both staff and financial support in the actual relocation of the Penn Central Railway should the required studies justify the relocation of this railway; AND the Seal of the Corporation be hereto affixed. Carried Unanim~u.sly No. 129 - HARRIGAN - FERA - RESOLVED that WHEREAS Bill C-27 involving a railway relocation and crossing act has been passed by the Federal Government of Canada; and WHEREAS the Province of Ontario is in the process of giving final consideration to its Participation in the railway relocation in various municipalities; and WHEREAS the City of Niagara Falls, for a number of years, has considered the relocation of the Penn Central Railway, which now traverses the City, as a matter of the utmost urgency; and WHEREAS various studies have been prepared which indicate the desirability of telousting the said Penn Central Railway; NOW THEREFORE BE IT RESOLVED that a committee be formulated with representation of the Federal and Provincial Governments, the Regional Municipality of Niagara, the City of Niagara Falls and any other authorities which might have a valuable input in the aforementioned committee; AND BE IT FURTHER RESOLVED that the conunittee so formed, provide guidance in the preparation of a Project Justification Report; an Urban Development Plan; a Transportation Plan end a Financial Plan, which are necessary for the Justifica- tion of the said railway relocation; AND the Seal of the Corporation be hereto affixed. Carried Unanimou.sly -8- Resolutions (Con~'d) No. 130 - HARRICAN - FERA - RESOLVED that WHEREAS Bill C-27 involving a railway relocation and crossing act has been passed by the Federal Government of Canada; and WHEREAS the Province of Ontario is in the process of giving final consideration to its participation in the railway relocation in various municipalities; and WHEREAS the City of Niagara Falls, for a number of years, has considered the relocatlon of the Penn Central Railway, which now traverses the City, as a matter of the utmost urgency; and WHEREAS various studies have been prepared which indicate the desirability of relocating the said Penn Central Railway; and WHEREAS the Regional Municipality of Niagara will be greatly affected by any railway telstation deemed desirable in the City of Niagara Falls; NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls petition the Regional Municipality of Niagara to participate both from a financial and staff point of view in any etadies necessary for the relocation of the said railway and for any actual railway relocation construction that might be justified by any studies; AND BE IT FURTHER RESOLVED that the Regional Municipality of Niagara be requested to pass a resolution similar to "Resolution 128" requesting the support of the provincial and Federal Governments in this project; AND the Seal of the Corpora- tion be hereto affixed. Carried Unanimously No. 131 - THOMSON - SMEATON - RESOLVED that Provincial Construction Ltd. be awarded the contract for the installation of a new manhole at 6361 Colborne Street in the quoted amount of $3,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 132 - HUNT - CHRISTENSEN - RESOLVED that tenders for the supply of rotary mo~e' be accepted as follows: Item No.1 - 5 Tore Heavy Duty - Crawford Mower and Marine - $3,236.75 Item No.2 - 5 Lawn Boy Heavy Duty - Drummond Sports & Cycle - $735.63 Item No.3 - 6 Lawn Boy Super Commercial - Crawford Mower and Marine - $1,155.28; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 133 - HUNT - CHRISTENSEN - RESOLVED that proposed By-law No. 74-153 to authorize the construction of certain works as local improvements under section 12 of The Local Improvement Act which was read a first and second time at the meeting of Council on August 6th, 1974, be amended by deleting Schedule "A" attached to the proposed by-law and substituting therefor a new Schedule "A" attached hereto; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 134 - KEIGHAN - FERA - RESOLVED that WHEREAS the continuing increase in the cost of living has reached unprecedented and uncontrolled levels, creating alarming concern to Canadian consumers; AND WHEREAS subsidies paid by various levels of government have had limited effect in providing additional and realistic revenues for the food producer; AND WHEREAS the market prices of those basic commodities necessary for the subsistence of our citizens are evidently being manipulated to produce excessive~l profits; AND WltEREA~ these profits have been reflected in the financial reporting of those~ firms engaged in the distribution of various goods; AND WHEREAS there is no effective method being applied to determine whether there are valid shortages of consumer items that would ~arrant price increases such as we have been experiencing; n ial NOW THEREFORE BE'ITRESOLVED that the appropriate Departments at the provi c - 9- Resolution No. 134 (Cent'd) mandatory fair pricing practices and that legislation be enacted to prohibit the creation of manufactured or imaginary shortages in order to inflate prices; AND FURTHER, that both levels of government be asked to completely review the present system of subsidies which permit the inexcusable destruction of food, as exemplified by the recent destruction of 30,000,000 eggs by the Narketing Board; AND FURTHER that copies of this resolution be sent to Roger Young, M.P., the Honourable John T. Clement, M.L.A. and to all Ontario cities for endorsation and support; AND the Seal of the Corporation be hereto affixed. CARRIED Alderman Puttick voting contrary and all others in favour. BY-LAWS No. 74-85 - 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 given a first and second reading on May 13,1974) THIRD READING - Alderman Christensen and Alderman Hunt. No, Carried Unanimop~ly 74-86 - A By-law to authorize improvements and extensions to the electrical power distribution system and street lighting system of the City. (The By-law was given a first and second reading on June 24, 1974) THIRD READING - Alderman Christensen and Alderman Hunt. Carried Unanimously No. 74-187 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lot No. 31) ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that AldernmnSchisler be granted leave to introduce the By-law and the By-law be given a first reading. Carried Unanimoqsly 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. 74-194 - A By-law to authorize a subdivision agreement with Paramount Properties Company. It was agreed to refer the by-law co a future meeting of Council pending receipt of additional information in respect to the purchase price of the property. BY-LAW Nag. 74-195; 74-196; 74-197; 74-198; 74-199; 74-200; ~4,-20~ ORDERED on the motion of Aideman Christensen, seconded by Alderman Hattitan that the following by-laws be introduced and given a first reading: No. 74-195 - A By-law to authorize a subdivision agreement with Klydel Holdings Incorporated. No. 74-196 - A By-law to authorize the execution of a quit claim deed to Klydel Holdings Incorporated. No. 74-197 - A By-law to stop up and close and to authorize the sale and conveyance of part of the unopened road allowance between Concessions I and 2 of the format Township of Willoughby, now in the City of Niagara Falls. - 10 - Byelaw No. 74-198 - A By-law to authorize the execution of an agreement with Central Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program. No. 74-199 - A By-law to authorize the execution of applications for first registration under The Land Titles Act. No. 74-200 - 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 Falls. (O'Neil St.) No. 74-201 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the following by-laws be now ~iven a second and third reading: No, 74-195 - A By-law to authorize a subdivision agreement with Klydel Holdings Incorporated. No. 74-196 - A By-law to authorize the execution of a quit claimdeed to Klydel Holdings Incorporated. No. 74-197 - A By-law to stop up and close and to authorize the sale and conveyann of part of the unopened road allowance between Concessions 1 and 2 of the former Township of Willoughby, now in the City of Niagara Falls. No. 74-198 - A By-law to authorize the execution of an agreement with Central Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program. No. 74-199 - A By-law to authorize the execution of applications for first registration under The Land Titles Act. No. 74-200 - 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 Falls. (0'Nail Street) No. 74-201 - A By-law to provide monies for general purposes. NEW BUSINESS SEWAGE WORKS - DOUGlASTOWN AND STEVENSVILLE AREAS Alderman Hunt requested that City Staff investigate the location of the sewage works in Douglastown and Stevensville areas and the possibility of the construction of a sewage lagoon in an area adjacent to ~he boundary of the former ToWnship of Willoughby. WESTFIELD COURT Alderman Hunt commented on a recent newspaper article concerning a request for a full time guard at the Westfield Court geared-to-in~me housing units to prevent vandalism. The matter was referred to the Mayor'~ Co~mittee on Housing. TAXI STAND - ONTARIO AVE. AT QUEEN STREET Alderman Smeaton spoke about the recent improvements to Ontario Ave. and the change from horizontal parking to parallel parking in the Queen Street Ontario Avenue area which, together with the establishment of a taxi stand, eliminated a number of parking spaces. The Alderman suggested that parking spaces are required by the Thorburn Drug Store and Kramer's Printing and, as the taxi stand is seldom used, he asked that consideration be given to relocation of the stand. It was then moved by AldernmnSmeaton, seconded by AldermanWallace that the matter be referred to the Municipal Parking Committee. The motion Carried unanimously FIBEMEN'S PARK Alderman Smeaton reported that hunters had been observed in the area of the Firemen~s Park and suggested that the by-law prohibiting firearms in particular areas be enforced. ...... - 11- New Business (Cont'd> PUBLIC HEARING - C0~4ITTEE OF ADJUSTMENT - J. SETTANNI Alderman Puttick noted that the CoFanittee of Adjustment will hear the application of J. Settanni for permission to erect a garage at the south-east corner of Burdette Drive and LaMarsh Drive. It was reported that the applicant is starting a welding business and intends to make items such as iron railings. A resident of Burdette Drive has requested assurance that the garage is not being built for the purposes of a workshop. MORGUE AT GREATER NIAGARA GENERAL HOSPITAL Alderman Puttick requested that the City Manager contact the Administrator of the General Hospital to determine when the Finance Committee will meet to discuss the delay in providing morgue facilities. CREATIVE PLAYGROUNDS Alderman Wallace noted that the 1974 Curre~ Budget provides for an amount of $10,000. for the establishment of creative playgrounds in three areas of the City. The Alderman reiterated an earlier request for a report. CENTENNIAL SQUARE POOL Aldermen Wallace age in asked for a report on the cost of maintaining the Centennial Square pool and fountain. SIDEWALK CONSTRUCTION - DORCHESTER RD~PETTIT AVE.AREA Alderman Puttick commented on the difficulties encountered by a Mr. Rickard in having a sidewalk constructed along his property at Dorchester Road and Pettit Avenue. The City Engineer outlined the difficul~ in determining whether construction of the sidewalk was a Regional or Municipal responsibility. It was directed that the City Engineer contact Regional authorities in an effort to resolve the difficulties in order to permit construction of the sidewalk to proceed. SYSTEM OF HANDLING COMPlAINTS Aldermen Thomson expressed his concern about the method used in handling complaints received at City Hall. He said that ratepayers contacted members of Council when they were not able to obtain satisfactory action. The Aldernmn noted that the Building Department had implemented a system of hand ling complaints of this nature and suggested it might be advisable to examine and adopt the system for other departments. For the benefit of Council, the City Engineer outlined the system used in the Engineering Department. INDUSTRIAL SUBDIVISION Alderman Wallace advised that he had received information to the effect that a recent purchaser of land in the City's industrial subdivision might be in some financial difficulty and enquired as to what protection the City had if an industry located in the subdivision goes into receivership or bankruptcy. It was moved by AldermmWallace, seconded by Aldermm~Thomson that a report be prepared for Council providing information as to what protection the City has should an industry go bankrupt or become insolvent and what, if any, control the City has over the transfer of, or sale of, existing facilities or installations in the industrial subdivision. The motion Carried unanimously. ADJOURNMENT The meeting adjourned at 11:15 p.m. on the motion of Alderman Christensen, seconded by, Alderm~n Smeaton. READ AND ADOPTED Mayor THIRTY-FIRST MEETING Council Chambers, October 15, 1974. REGULAR MEETING Council met on Tuesday, October 15th, 1974, at 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 Hunt offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that the minutes of the September 30th, 1974, meeting be adopted as printed. DEPUTATIONS CHAMBER OF COERCE - MISSION OF ST.JUDE Reverend Peter J. Darch, Chairman of the Charitable Appeals Review Committee of the Chamber of Commerce, was granted permission to address Council on the motion of Alderman Thomson, Seconded by Alderman Hunt. The motion Carried with Alderman Christensen voting contrary and all others in favour. Rev. Darch stated that, as a result of frequent enquiries regarding solicitations and requests for funds, the Chamber of Commerce endeavours to supply accurate information to the business community and the public. Many enquiries have been received as to whether the Chamber is satisfied with the administration and financial management of the Mission of St. 3ude. In the past when there was a Board of Directors composed of responsible business men and citizens, the Chamber recormnended endorsement of the Mission but support was withdrawn following the resignation of the entire Board of Directors. Rev. Darch asked Council to review the services now being provided for homeless men by the Mission of St.Jude. It is recommended by the Charitable Appeals Review Committee that a study be undertaken to determine the answers to such questions as: (1) Is there a need to provide a service for homeless men in Niagara Falls? (2) Is any type of rehabilitation process presently being carried out in the community for these individuals? (3) Is there duplication of effort within the community? (4) What organizations are capable of fulfilling this service? and (5) Where should funds for this service emanante? Rev. Darch noted that funds are being derived from the general public and expressed the concern of the Committee that the Mission be operated on a sound business-like principle and be financially accountable for its operations to the public. It was moved by Alderman Harrigan, seconded by Alderman Mann that Reverend B. Wicks be granted permission to address Council. The motion Csrried unanimously. Rev.Wicks advised that a monthly financial report was submitted to the Board of Management of the Mission which also had signing authority for cheques and 90% control of programs and finances. He said an audit by the O.H.I.P. Branch of the Ministry of Health indicated that the Mission's books were in order. He indicated it was not his intention to go onto the streets at this time to solicit funds. Rev.Wicks advised that a new Board was formed immediately following the resignation of the original Board. In reply to questions by members of Council, he said he was an ordained minister and pastor of the Church of God in Christ which, he said, is a separate entity from the Mission of St. Jude. Church funds are managed by a Finance Committee. Alderman Walker stated that during hie tenure as Chairman of the Miasion'a Board of Management, a great deal of time was spent at the meetings discussing complaints received by the Chamber of Commerce regarding the solici- tation of funds. Such appeals, he said, took many forms and to a great extent the problem arose because there was not a clear cut division between the Church and the Hission. The Aldermsn said he tendered his resignation as Chairman because it was obvious the Board was making no headway in controlling the situation and could not hold rein on the solicitation of funds. He pointed out that it was not through sny msnipulstion that the Hission found itself without funds - it was by an Act of the Provincial Legislature which excluded hostels of this nature. The Hission no longer filled the criteria which enabled them to receive public support. The Aldernmn said that the Region would never have agreed to the Purchase of Services Agreement through the Social Services - 2- Committee had it not been for the support of the Chamber of Commerce. He suggested that the only place the Mission should be receiving funds is from the Region. Discontinuation of the contract, he said, is a nmtter between the Region and the Mission and the submission should be nmde directly to the Regional Social Services Committee. Alderman Walker said there was no doubt about the need for this type of facility but if the community is to obtain funds for a worthwhile hostel for homeless men, Rev. Wicks is not the person for the Job. Following a lengthy discussion, it was moved by Alderman Puttick, seconded by Alderman Wallace that the submission from the Chamber of Commerce be received and tabled and the members of the original Board of Management of the Miss ion of St.Jude and the new Board men~ers be requested to meet with the Council Committee to discuss the operation of the Mission. The motion Carried with the following vote: AYE: Aldermen Harrigsn,Smeaton,pnttick,SchisIer;Walker~W~laca,M~Y°r BukatorsKeigt NAYE:Aldermen Thomson, ~.I .. Mann, Fern, Hunt and Christensen. COMPLAINTS OF NOISE - GERBER PRODUCTS Mrs. S. Terriaca was granted leave to address Council on the motion of Alderman Christensen, seconded by Alderman Fern. Mrs. Terriaca asked for information as to what the Gerber Co. was doing to eliminate noise, if consultants had been hired and if they were pro- ceeding with the study. It was confirmed that the company had engaged a consultant and certain tests were being conducted. ORDERED on the motion of Alderman Hunt, seconded by Alderman Puttick that the Gerber Company be requested to provide progress reports to Council as the consultant's work proceeds. The motion Carried with Alderman Smeaton declaring a conflict of interest and abstaining fromvoting. It was agreed to bring several reports forward for consideration at this time. Report #500 - City Manager - Re: Rubbish Collection - Fall Campaign. Recommending that the Fall campaign be advertised and carried out between October 21 and November 1, 1974. ORDERED on the motion of AIderman Puttick, seconded by Alderman Thomson that the report be received and adopted. Report ~501 - City Manager - Re: Sale of Used City Equipment. Advising that all items were sold and the net income to the City is approximately $15,030.00; recommending the net revenue from the sale of used City equipment be set aside in a special fund to cover inflationsty cost of new equipment. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted. Report #502 * City Manager * Re: Rental of Snow Removal Equipment. Recommending acceptance of the tenders for the ren~l of truck plows received from Symes- Towers Paving at $29.50 per hour and Modern Crane Rentals at $26.0Ope~ hour and the tender for the rental of one front end loader in the amount of $28.00 per hour received from Ridgemount Quarries.. The report also recommends that, since the stand-by fleet is insuffictent~ any additional equipment necessary and available be rented at the hourly rates for construction equipment approved · by Council earlier in the year or at a negotiated price if necessary; recommending further that the forthcoming evaluation of city equipment include a complete assessment of ell equipment required for all work. ORDERED on the metion of Alderman Puttick, seconded by AldermenThomson that the report be received and adopted. See Resolution No.137 Report #503 - City Manager - Re: Training Course - Refuse ~ollection.Recou~endin8 that one member o~ the Engineeriu~ Department be authorized to attend a refuse collection workshop in Syracuse, N.Y. on November 19th and 20th. ORDERED on the motion of Alderman Putticks seconded by Alderman Thomson that the report be received and-adopted.- - 3 - Report ~ 504 - City Manager - Application of Mr. Louis Iannuzzelli for an '~uctioneer" licence to conduct auctions at the Hilltop Motel, 4967 Clifton Hill. The report advises that the applicant proposes to construct an addition to the motel to provide an area for auctioneering purposes and if the building is constructed, the applicant will be required to obtain the approval of the Committee of Adjustment for permission to further reduce parking requirements. The report suggests that if Council is in favour of granting the licence,such approval be conditional on the necessary approvals of the Committee of Adjustment and subject to the building being constructed in accordance with all by-law requirements of the City. Mr. Iannuzzelli replied to questions posed by members of Council and advised that it is his intention to auction paintings, antiques, gift articles and bankruptcy stock. He indicated there would be no activity or loud speakers on the street although certain noises from inside the building will be audible on the street. Questions were raised regarding the possibility of revoking the licence if the proposed operation was not acceptable and the City Solicitor indicated the applicant would be entitled to have the decision of Council reviewed under the new judicial review procedure. It was moved by Alderman Walker, seconded by Alderman Christensen that the report be received and tabled for two weeks for additional information. The motion Carried with the following vote: AYE: Alderman Christensen, Hunt, Mann, Harrigan,Walker,Wallace,Keighan. NAYE:Aldermen Fern, Puttick, Smeaton,Schisler and Thomson. UNFINISHED BUSINESS DECLARATION OF POLICY FOR SUBDIVISION DEVELOPMENT Report #505 - City Manager - Submitting a revised Declaration of Policy for Subdivision Development which includes all changes made since the original presentation to Council on April 8th,1974; recommending that the policy be approved and copies forwarded to all companies interested in developing subdivisions in the City of Niagara Falls and, further, that copies be forwarded to any other parties interested in the subdivision development policies of the City. ORDERED on the motion of Alderman Thomson, seconded by Alderman Harrigan that the report of the City Manager be received and the Policy for Subdivision Development be approved. The motion Carried with Alderman Wallace voting contrary. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Mann that copies of the Declaration of Policy for Subdivision Development be provided to interested parties for an amount of $10.00 per copy. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fern, Mann, Keighan, Harrigan, Puttick, Thomson. NAYE: Aldermen Smeaton,Schisler, Walker and Wallace. DORCHESTER PARK EXTENSION Report #506 - City Manager - Referring to By-law No. 74-194 which was tabled st the September 30th meeting pending a report on the original purchase price of the land paid by the developer. The by-law authorizes a subdivision agree- ment with Paramount Properties Company. The agreement provides for the purchase by the City of 1.106 acres of additional land required for the Franklin J, Miller Park in the Dorchester Park Extension plan of subdivision. The report provides information as to the original purchase price of the land in 1967 when it was not serviceable and suggests that the appraised value of $11,800. per acre is considered reasonable inasmuch as the land is now serviceable.The report recommends that By-law No. 74-194 be given the necessary approval by Council. It was moved by Alderman Puttick, seconded by Alderman Walker that the report of the City Manager be received and filed and the City not purchase the additional 1.106 acres of land. The motion was Defeated with the following vote: N~YE: AIdermen Christensen, Hunt, Mann, Keighan, Harrigan, 8meaton, Schisler, Thomson, Wallace. 'A.~.Aldermen Fern, Put~ick and Walker. -4- Report No. 506 (Cost'd) It was then moved by Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted and the required by-law be given three readings. The motion Carried with the following vote: AYE: Aldermen Christensen, ~dnt, Mann, Harrigan, Keighan, Smeaton, Schisler, Th~on, Wadace. NAyE:Aldermen Fera, puttick and Walker· See By-law 74-194 DRAFT ZONING BY-LAW Report #507 - City Solicitor - Advising that the City Solicitor has been drafting suggested revisions to the wording of the text of the Draft Zoning By-law with a view to reducing the number of ambiguities and uncertainties which he feels exist; advising that the main c~ncern is with the wording of the text and not with the various zones, restrictions and standards which are primarily planning matters; advising also that meeting have been arranged with the planning Administrator to review many points and that every effort will be made to complete the revision within one month. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and filed. BIKE ROUTES Report #508 - City Manager - Re: Bike Routes. Advising that erection of a standard bike route marker along'the bike routes in Niagara Falls will commence October 15,1974; additional standard signs will be erected next spring; providing a copy of an information brochure prepared by the Recreation Commission. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the report be received and filed· COMMUNICATIONS No.l14 - Mrs. C.E.Ohlson - Comments re: Closing of temporary road from Brian Crescent to Dorchester Road and increased truck traffic on McGill Street. The City Engineer con~ented on the statements contained in the communication pointing out that the City had proceeded under the terms of the subdivider's agreement and contracts which called for sidewalk construction, curbs and gutters and surface asphalt work upon completion of 80% of the development. Mr. Rodman said that it was never intended to imply that the temporary roadway remain until the subdivision was 100% completed. He described the efforts of City staff in attempting to alleviate the inconveniences. The cooperation of residents of the area had been requested and truckers were asked to use Herrimes Avenue as an alternate route.. Following further discussion, it was moved by Alderman Wallace, seconded by Alderman liartitan that the ~ccess road from Brigs Crescent to Dorchester Road be reopened as quickly as possible and remain open until Council holds otherwise and, further, that an appropriate by-law be prepared and signs erected prohibiting .truck traffic. on McGill Street. The motion Carried with the following vote: , . ...... AYE: Aldermen Christensen,Hunt ,Fats ,Mann,HarrigansKetghan Smeaton puttick,Thomsonl Wallace. AYE.= Alde en SehisIer and. Waiker. REPORTS No. 509 - City Clerk ~ Report of the Council C~ittee MeetinS, October 7,1974. 1. FIREMENaS PARK - Request of the Stamford Volunteer Firemen's Association for · financial assistance to offset the cost of removing debris and repairing the drainaSs system of the pond in Firemen's Park. Recommendation: That in recognition of the excellent work carried out by the Stamford Volunteer Firemen's Association on behalf of the municipality, the City of NiaSara Falls contribute an amount of $2~500. to be used to assist in the cleaning of Firemen's Park pond and repairs to the drainage system and, further, that Council reconnend to the 1975 Council that a similar amount be approved in 1975. 2. NEIGHBOURHOOD IMPROVEMENT PNOGIIM - RESIDENTIAL REK~BILITATION ASSI.STANCE .PIIOGIt~M - ONTARIO H(I~ ME~EWAL 'PR~RAM. Recommendation: That the reco~aendations of 'the Renewal Co-OrdinatOr be adopted ms follows: a) Council pass a resolution Sivin8 the City Clerk authority to make applics- tion to the Ministry of Housin8 for · 8rent under the Home Renewal ProSram -5- Report No. 509 (Cont'd) for the City and for an accountable advance of 25% of the total allowable funds; b) Council pass a resolution allowing the treasurer to collect an amount of $150.00 from each loan process regardless of size of loan to help defray costs of processing and the administration of each loan as allowable by the Ministry of Housing; c) the Property Standards By-law be given three readings at the earliest possible date; d) Council give permission for the hiring of a Clerk-Stenographer for the Renewal Co-Ordinator's office to do the great amount of typing and clerical work necessary for these programs. 3. PROPOSED PROPERTY STANDARDS BY-LAW Recommendation:That the by-law be submitted to Council for three readings. LOCAL IMPROVEMENT PROGRAM - The report of the City Manager recommended that the 1974 Local Improvement Program be enlarged to include the construction of asphalt pavement, curb and gutters and storm sewer construction on Elsworth Place. Recommendation: That the report of the City b~nager be adopted and the con- struction of asphalt pavements, curb and gutters and storm sewers on Elsworth Place be included in the 1974 Local Improvement Program. MUNICIPAL ENGINEERS ASSOCIATION - MINISTRY OF ENVIRONMENT INSPECTORS COURSE Recommendation: That two staff members from the Engineering Department be authorized to attend the courses to be held during December 1974 and March 1975. SHRINER'S CREEK ~ecommendation: That members of Council, staff members and representatives of the Niagara Peninsula Conservation Authority meet with the consultants at an open meeting on October 21st to consider submissions respecting an Environmental Impact Study of the Shriner's Creek area. 7. Lot 36 - FALLS INDUSTRIAL PARK The City Solicitor has been informed that Mr. Campigotto will be unable to complete the purchase of Lot 36 in the Falls Industrial Park. Reco~neodatton: That the City Solicitor be authorized to return a $500.00 deposit submitted in conjunction with the proposed purchase of Lot 36 in the Falls Industrial Park. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that Council ratify the decisions of the Council Committee and the report of the City Clerk be received and adopted. No. 510 - City Manager - Re: Alternate Service Road, Q.E.W./Mountain Road Inter- chsnge, Southeast Quadrant. Reconunending that the Ministry of Transportation and Communications be thanked for the cooperation extended in accepting the City's proposal for an alternative road alignuncut and for participation in the costs of road construction and Council accept the contribution of $45,000. by the M.T.C.; further that the City of Niagara Falls agree to the conveyance of 66' right of way offered by the M.T.C. and, further, that the amount of $45,000. be dedicated for use in the construction of roadways and additional costs be absorbed by the subdivider of these lands. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera that the report be received and adopted. No. 511 - City Manager - Re: Harleyford Crescent Subdivision in the former Village of Chippews. Referring to a by-law appearing later in the agenda to authorize the execution of an agreement with Protrade Commercial Developments Ltd.; advising that the by-law clarifies various procedures to be followed including payment for the services and various other financial aspects. The report recommends passage of the by-law. Note: At the request of His Worship Mayor Bukator, who declared a possible conflict of interest, Alderman Christensen presided as chairman during con- sideration of the report and the by-law. Mayor Bukator retired from the Council Cha.mber.s... ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report of the City Manager be received and filed and the by-law be given the necessary three readings. -6- Report No. 511 (Coni'd) By-law No. 74-206 was brought forward for consideration at this time. BY-lAW NO.74-206 - A By-law to authorize the execution of an agreement with Protrade Commercial Development Limited. (H~rleyford Cr.) ORDERED on the motion of Alderman Harrigan, 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 Fera that the By-law be now given a second and third reading. Carried Unanimously Reports (Coni'd) No. 512 - City Manager - Re: Centennial Pool. Submitting a chart which provides information relating to the shutdown periods and operational expenses ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson that the report be received and filed. No. 513 - City Manager - Signing of, City-owned properties. Recommending that · the City enter into an agreement with Advertising Works to produce a signing study in accordance with the aims, objectives and specified information required having a total contract fee of $1,000. ORDERED on the motion of AldermanThomson, seconded by Alderman Mann that the report be receded and adopted. The motion 9artled with Alderman Puttick voting contrary and all others in favour. Resolution No. 138 No. 514 - Alderman W.Smeaton - Re: Niagara Falls ?winning Association. Report of the activities of the Association; submitting the names of elected officials; advising that the Twinning Association will not proceed further until (a) the new Council's support is obtained and (b) funds are made available to carry out twinning ceremonies. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Hunt that the report be received and filed. Note: His Worship Mayor George Bukator returned to the Council Chambers and presided as Chairman for the balance of the meeting. No. 515 - City Manager - Re: Purchase of Land from Welland Securities (1964) Ltd. for Industrial Sites. Recom~ending that the City accept, on or before November 30th, 1974, the option to purchase the whole of the 128,26 acres in Township Lots 216 and 215, in 1974, at the price of $2,700.00 per acre. ORDERED on the'motion of Alderman Puttick, seconded by Alderman Hunt that the report be received and adopted, No. 516 - City Manager - Re: Control and Licensing of Dogs. Submitting a draft copy of a new by-law covering the licensing and regulating of dogs;.noting that the annual liceace fee proposed is substantially increased if more than one dog is kept. The report recommends that the meters of Council review the contents of the proposed by-law and requesting c~u=uents and suggestions. ORDERED on the motion of Alderman Thomson, seconded by Aidemean Fern that the report be received and tabled for further consideration at the meeting of October 28, 1974. No. 517 - City Manager - Re: Issue of Debentures. Submitting a schedule of capital projects to be financed for the City by the Regional Municipality in the aggregate amount of $1,024,000, Reec~fuending that the City rqquest the Region to issue debentures in accordance with the terms and amounts set out in the schedule and theCity confirm it has entered into a contract for, or authorized the c~encsment of all works or projects included in the schedule. ORDERED on the motion of Alderman Sobislet, seconded by Alderman Hunt.that the report be received end adopted. Reports (Coni'd) - 7 - No. 518 - City Manager - Re: 1975 Interim Tax Billing. Recommending that instalment dates for 1975 be as follows: (1) (Interim) the month of March; (2) Month of June and (3) month of August. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 519 - City Manager - Re: Erection of Fences and Backstops. Advising that two companies picked up specifications and documents but only one company, Lundy ~s Steel Limited, submitted a tender but did not include a Banker's Letter; reconmendfng that the tendering period be extended to Tuesday, October 15,1974. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 520 - City Manager - Re: Policy on Tendering and Award of Contract for the Installation of Primary Services in Subdivisions. The report recommends certain changes to the existing policy. ORDERED on the motion of AldermanThomson, seconded by Alderman Hunt that the report be received and adopted. No. 521 - City Manager - Re: Contract for Base Road Construction, Dorchester Road from McLeod Road to Jill Drive. The report recommends that the unit prices sub- mitted by the lowest bidder, Hard Rock Paving Co. Ltd. be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolution No. 139 No. 522 - City Manager - Re: Co-Operative Salt Tender. Advising that the Regional Municipality called tenders under a co-operative purchasing program and submitting a summary of prices received; recommending that the lowest price submitted by Iroquois Salt Company in the amount of $13.178 per net ton delivered to the City stockpile be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolution No. 140 No. 523 - City Manager - Annual Conference - Association of Ontario Housing Authorities, Hamilton, October 20-22, 1974. Recommend ing that the City apply for associate membership in the organization and a City staff member be authorized to attend the Conference. ORDERED on the motion of Alderman Hunt, seconded by AldernumSmeaton that the report be received and adopted. No. 524 - City Manager - Re: 1974 Municipal Engineers Association Fall Workshop, City of Guelph, November 19th to Nov. 22nd,inclusive,1974. The report recommends that three members of the Engineering Department be authorized to attend the Workshop. ORDERED on the motion of Alderman Hunt, seconded by Aldermm Christensen that the report be received and adopted. No. ~525 - City Manager - Re: Ontario Building Officials Association Conference for 1974. Reconmending that one member of the Engineering Department be granted permission to attend the Conference to be held in Oshawa from October 22nd to October 24th, inclusive. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. No. 526 - City Manager - Re: Ministry of Transportation and Communication Training Courses, co~aencing January 6,1975 and carrying through to M~rch 21,1975. Recommending that the City Engineer be authorized to submit applications for two members of staff to attend each of the training courses. ORDERED on the motion of Aldermen Hunt, seconded by Alderman Smeaton that the report be received and adopted. No. 5~7 - City Manager - Re: FaH Workshop, Ontario Municipal Purchasers, Hamilton, November 5th and 6th,1974; recommending the attendance of the Purchasing Agent. ORDERED on the motionof Alderman Smeatnn, seconded by Alderman Hunt that the report be received and adopted. No. 528 - City Manager - B~ilding Permits issued during the month of September,1974. ORDERED on the motion of Alderman Walker, seconded by Alderman Hunt that the report h ? · received and filed. -8- - 9- Reports (Gout 'd) No. 529 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Thomson, seconded by Alderma~:Christensen that the report be received and adopted end licenets granted. No. 530 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alde~alker, seconded by Alderma~dehisler that the report be received and adopted. RESOLUTIONS No. 135 - PUTTICK - WALKER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorize the City Clerk to apply to the Ministry of Housing for a provincial grant in the amount of $197,370.00 for the fiscal year of 1974 to 1975 for the purpose of making loans to owners of real property used for residential purposes to assist in the repair,rehabili- tation and improvement of dwelling units pursuant to The Housing Development Act and the regulations and'subject to the limitation thereof; AND FURTHER that the City Clerk is hereby authorized to apply for an accountable advance of $49,342.00 and the Corporation agrees to account for this amount and apply for further payments through the submission of quarter yearly activity reports; AND BE IT FURTHER RESOLVED that the Corporation of the City of Niagara Falls hereby agree to comply with the Housing Development Act and the regulations thereunder in the administration of the Ontario Home Renewal Program; AND the Seal of the Corporation be 'hereto affixed. Carried Unanimously No. 136 - THOMSON - FERA - RESOLVED that WHEREAS the Land Division Committee of the Regional Municipality of Niagara has adopted as part of its procedure the practice of considering "in camera" applications for land severances; AND WHEREAS such a practice prevents the applicatns fromhaving fall knowledge of the reasons for which applications may be approved or denied and results in a feeling of dissatisfaction on the part of the applicants; AND WHEREAS AND WHEREA~ the practice of the Committee of making decisions in camera is not in keepi~g'awith the current emphasis on fostering greater interest and achieving the concept of partieipatory democracy at all levels of government; with respect to the operation of a municipal council, The Municipal Act provides that votes taken by ballot or any other method of secret Voting shall have no affect; NOW THEREFORE BE IT RESOLVED that the Land.Division Committee of the Regional Municipality of Niagara be requested to amend their rules of procedure in order to provide that decisions relating to land severances be made in open session with a provision that a decision can be reserved pending the submission of further infornmtion; AND BE IT FURTHER RESOLVED that copies of this resolution be circulated to all area municipalities in Regional Niagara for endorserich and support; AND the Seal of the Corporation be hereto affixed. Carried UnanimouSly No. 137 - PUTTICK - THO~ON - RESOLVED that the tenders for the rental of snow removal equipment .be accepted as follows: Truck Plows, No. 1 - Symes-Towers Paving $29.50 per hour; No. 2 - Modern Crane Rentals, $26.00 per hour; Front End Loaders. No. 1, Ridgemount Quarries, $28.00 per hour; AND the Seal of the Corporation be hereto affixed. Carried Unanimously Resolutions (Cont'd) No. 139 - MANN - HUNT - RESOLVED that the Contract, No.R.C.30-74,for ba~ road construction of Dorchester Road from McLeod Road to Jill Drive be awarded to Hard Rock Paving Co. Ltd. at the unit prices submitted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 140 - )~NN - HUNT - RESOLVED that the tender aubmitted by Iroquois Salt Co. for the supply of salt be accepted in the amount of $13.178 per net ton delivered to the City stockpile; AND the Seal of the Corporation be hereto affixed. Carried Unanimously B Y- lAWS No. 74-145 - A By-law to authorize expenditures for the acquisition of laad and the construction of a bus maintenance and storage facility by the Greater Niagara Transit Comnission. (The By-law was given a first and second reading on July 22, 1974) THIRD READING - Alderman Mann and Aideman Harrigan. Carried Unanimously No. 74-194 - A By-law to authorize the execution of a subdivision agreement with Paramount Properties Co. (Dorchester Park Extension) ORDERED on the motion of Alderman Schisler, 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 Unanimouslz 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 the following vote: AYE:Aldermen Chr~tensen,Hunt,Fera,Mann,Harrigan,Keighan,Smeaton,Schisler,Thomson, Wallace. BYE:Aldermen Puttick and Walker. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that leave be granted to introduce the following by-laws and the By-laws be given a ~irst reading: No. 74-202 - A By-law to authorize a licence agreement with the Ontario Hydro. (lands north of Service Centre, Stanley Avenue) No. 74-203 - A By-law to allow the maintaining and using of a building which encroaches on a public lane (4594 Ryeraon Crescent) No. 74-204 - A By-law to prescribe standards for the maintenance and occupancy of residential property. ~ote:Aldern~Schisler voted contrary to the passing of this By-law, all others voting in fayour. No. 74-205 - A By-law to provide for the extension of Palmar Avenue. No. 74-206 - A By-law to authorize the execution of an agreement with Protrade Commercial Development Limited. (See Page 6) No. 74-207 - A By-law to authorise an agreement for base road construction, Dorchester Road, McLend Road to Jill Drive) - Hard Rock Paving. No. 74-208 - A By-law to amend By-law No. 7531 to provide for the erection of Stop Signs at]ntersectfons (Elgin St. at Terrace Ave.) No. 74-209 - A By-law to pro, ide monies for general purposes. No. 138 - THOMSON - M~NN - RESOLVED that the City of Niagara Falls enter into an agreement with Advertising Works to produce a signing study in accordance with the aim, objectives and specified information required for a total contract j fee of $1,000.00; And the Seal of the Corporation be hereto affixed, cont{ Csrried,Alderman Puttick voting cont - 10 - By-laws (Cont'd) ORDERED on the motion of Alderman Christensen, seconded by Alderman Hun~ that the following by-laws be now read a second and third time. No. 74-202 - A By-law to authorize a liceace agreement with the Ontario Hydro. (Lands north of Service Centre, Stanley Ave.) No. 74-203 - A By-law to allow the maintaining and using of a building which encraoches on a public lane (4594 Ryerson Cr.) 'No. 74-204 - A by-law to prescribe standards for the maintenance and occupancy of residential property. Note: Alderman Schisler wished to be recorded as voting contrary to this by-law. No. 74-205 - A By-law to provide for the extension of Palmer Avenue. No. 74-206 - A By-law to authorize the execution of an agreement with Protrade Commercial Development Limited. (See Page 6) No. 74-207 - A By-law to authorize an agreement for base road construction - Dorchester Road, McLeod Road to Jill Drive - Hard Rock Paving) No. 74-208 - A by-law to amend By-law No. 7531 to provide for the erection of Stop Signs at intersections (Elgin St. at Terrace Ave.) No. 74-209 - A By-law to provide monies for general purposes. NEW BUSINESS PARKING - FNEDRICA STREET Aldermen Walker suggested that parking be prohibited on the south side of Fredrice Street in the area of the entrances to both the Stamford Memorial and Jack Bell Arenas. Alderman Puttick suggested that the barrier extending along the length of the parking lot on the north side of Fredrice Street be divided to provide a pedestrian exit to Fredrice Street and a crosswalk. The matter was referred to staff for a report on the motion of Aldermen Walker, seconded by Alderman Thomson. The motion Carried unanimously. NIAGARA FALLS MEMORIAL ARENA Aldermen Puttick noted that the cover of a recent edition of the Ontario Arena Association publication displayed a picture of the Niagara Falls Arena and a covering article expressed regret that a requested history of the arena had not been received. A request for information was moved by Alderman Puttick, seconded by Alderman Mann and carried unanimously. PROVINCIAL GRANTS - INCREASED PROPERTY TAXES Alderman Puttick noted that a bulletin distributed by the Ontario Hospital Association quoted Provincial Treasurer JohnWhite - "Increased hospital expenses will result in higher property taxes and rents next year because the province will not be able to afford to maintain its present level of grants to municipalities and school boards". The matter was referred to the City Manager and the City Treasurer for a report on the motion of Alderman Puttick, seconded by Alderman Hunt. ~he motion Carried unanimously. PARKING VIOLATIONS Alderman Fera express his concern about complaints received regarding the practice of Commissionsires to stand by a parking meter awaiting the time to expire in order to issue a parking violation ticket. The Alderman suggested the Co~nissionaires should use more discretion. The matter will be brought to the attention of the Projects Engineer. PUBLICITY - GERMAN INDUSTRIES Alderman HarriSan referred to a recent article in the Financial Post which contained an article written by Mr.J. Montgomery, Manager o£ the Industrial .... .n. - 11- New Business (Cont'd) Department of the Chamber of Commerce. The article dealt with methods of attracting German industries to Niagara Falls. The Alderman suggested that Mr. Montgomery should refrain from writing such articles for international publications inasmuch as the City had spent considerable money on the Battelle report and in efforts to encourage German industrialists to consider locating in the Niagara area. On the motion of Alderman Puttick, seconded by Alderman Harrigan, information as to FIr. Montgomery's authority to write the article will be provided to members of Council. ADJOURNMENT The meeting adjourned on the motion of Alderman Hunt, seconded by Alderman Puttick. READ AND ADOPTED, City Clerk , " / Mayor / N T' THIRTY-SECOND MEETING Council Chambers, October 21, 1974. SPECIAL }ZETING Following adjournment of a Council Committee meeting held Monday, October 21, 1974, Council reconvened in open Council session on the motion of Alderman Walker, seconded by Alderman Thomson. All Members of Council were present with the exception of Alderman Smeaton. His Worship Mayor George Bukator presided as Chairman. REPORTS No. 531 - City Manager - Re: Construction By-law for 84" and 54" Diameter Storm Sewermain on Church's Lane from Stanley Avenue to St. Paul Avenue. Advising that an up-dating of cost estimates indicates the total estimated cost for the project is now $650,000. exceeding the previous financial allotment in the 1974 Capital Budget by $100,000. Suggesting that in view of the deferment of the construction by-law for the retention pond on.Shriner's Creek, the amount of $385,000. earmarked for Shriner's Creek will be more than sufficient to off-set the increased costs for the storm sewermain project in the 1974 Capital Budget; recommending that the necessary by-law to authorize the construction of storm sewermainon Church's Lane from Stanley Ave. to St.Paul Ave. be approved by City Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 532 - City Manager - Re: Construction By-law for Reconstruction of Morrison Street frmCrysler Avenue to Erie Avenue. Recommending that the necessary by-law to authorize the reconstruction at a gross expenditure of $190,000. and net debenture amount of $120,000. be approved by City Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. NEW BUSINESS SPECIAL COMMITTEE - PROPERTY STANDARDS His Worship Mayor George Bukator advised that the special committee established to consider the formation of a Property Standards Committee will be comprised of Alderman tIarrigan, Alderman Keighan, Alderman Puttick and the Mayor. WATER METERS Alderman Christensen noted that a recent report concerning water rates indicated that residents on a flat rate were assessed a total of $8,500. for the maintenance of water meters. The Alderman stated there was no provisions for the assessment in the water by-law and questioned the authority under which the charges were levied. The City Manager indicated the information would be available at the next meeting of Council. TRAFFIC SIGN - SODOM ROAD Alderman Hunt again expressed his concern about the existing speed limit of 50 miles per hour on S0dom Road in the vicinity of the new arena and enquired as to when the sign would be moved in view of increased vehicular and pedestrian traffic since the opening of the South End Recreational Complex. The City Engineer indicated that the Region had been requested to move the sign and the matter had been brought to the attention of Councillor Scott. GREATER NIAGARA SOFTBALL ASSOCIATION Alderman Puttick questioned the operation of the Greater Niagara Softball Association, their sponsorship of various teams and the distribution of monies raised as a result of two carnivals, raffles, the Labarts Tournament from which they had collected approximately five to seven thousand dollars. The Association is accused of distributing the profits among the members of the executive as well as paying expenses for a convention. The Alderman suggested the City becomes involved because the Associationhas 8ranted permission to use Ker Pakk free of charge for the Labarts Tournament and approves the erection of a beer tent. According to information received by Alderman Puttick, the Association now has a surplus of $2,200. A request from the Caverly Dug-Out team for financial ass istance to cover transportation costs while competing for the Ontario Championship resulted in a contribution of $250. The team spent - 2- G.N.S.A. (Cont'd) $5,730. this past season to win the Ontario title of which the greater part was raised by their own efforts. The team now has a deficit and has asked the Association to reimburse them, as a G.N.S.A. sponsored team, for trans- portation costs amounting to $780. to make it possible to purchase trophies and Jackets. Aldernmn Puttick suggested that Mr. Sones contact officials of the G.N.S.A. in regard to the written charges by the Manager of the baseball team; provide information as to the participation of the City and the sponsored team as well as an accounting of the distribution of the monies collected. The Alderman also wanted to know what procedure the Association follows in respect to convention expenses. During his remarks, Alderman Puttick stated that the situation was brought to the attention of the City Council at an open meeting at,the request of the parties involved. It was then moved by Alderman Puttick, seconded by Alderman Christensen that the matter be referred to the Recreatinn Commission with a request that information be obtained in respect to the revenue of the Greater Niagara Softball Association during 1973-74 and the extent of the Association's sponsorship of the Cavefly Dug-Out Baseball Team. The motion Carried unanimously. Operation of Concession - Stamford Memorial Arena Alderman Walker co~ented on the concern caused by indications that the agreement with Ralph Biamonte for the operation of the concession at the Stamford Memorial Arena would not he renewed. The Alderman enquired if there had been policy changes or discussions regarding a change in policy by the Recreation Conmission. It had been confirmed by the City Treasurer and the Building Inspector that there was no foundation for the rumours, Alderman Walker said, but neither staff member was able to provide a letter confirming that the agreement with Mr.Biamonte would be renewed at the end of the year. Mr. Ron Perkin, Chairman of the Recreation Commission, stated that the Con~ission would have no authority to discuss the operation of the concession inasmuch as the Stamford Arena Board will remain in office until the first of January,1975. As far as the concession is concerned, he said, the Commission is unaware that the contract will be coming up for renewal as of the first of January. He indicated there have been suggestions in past years that some of the concessions in various facilities be operated by volunteer organizations who use such facilities and received City grants. profits would be turned back to the City and used for the operation of that particular sport. Mr. Perkin suggested that two recommendations presented to Council regarding concessions at Ker Park and the Niagara South Arena may have been considered as a general policy for all concessions. He confirmed that at no time had the Recreation Commission discussed the taking over of the Stamford Arena concession. Alderman Walker asked if tMe Commission would be entering into a contract with Mr.Biamonte; Mr. Perkin replied that the Recreation Co~mission would have no authority to do so; it will be the responsibility of the new Arena Board to make reco,a~endations to the Recreation Commission and to Council. It was finally agreed that Council representatives on the Stamford Arem make the wishes of Council known and recon~nend teneel of the agree- ment with Mr. Biamonte and report back to Council. Other suggestions were that the Stamford Arena Board be asked to have a special meeting this week or the Arena Manager poll the members of the Arena Board for their opinions. SENIOR CITIZEN ACCOMMODATION Alderman Thomson questioned the method practiced by the Ontario Housing Corporation in determining the need for accommodation for senior citizens. Even with establishment of several senior citizen units, he said~ the ever- increasing number of applications indicate that the City will never "catch up" in view of the time lapse between acceptance of proposals and actual construction. The Alderman suggested that in estimating the requirements, through the Niagara Falls Housing Authority, the need be projected for an additional two or three years. He also noted that some residents have become discouraged by the number of applications on the waiting list and do'not apply; this aspect also affects the estimated requirements. It has been suggested that a public relations or advertis ing campaign be implemented to encourage residents to apply in advance of the actual need for accommodation. The Alderman also noted that senior citizens who sell their homes because they cannot afford to maintain it, are not eligible for accoes~odation in the O.H.C. units. - 3 - It was then moved by Alderman Thomson, seconded by Alderman Puttick that the matter be referred to the October 23rd meeting of the Planning and Development Conmittee when a report on the subject of O.H.C. housing for senior citizens will be submitted and consideration be given to the comments of Alderman Thomson at that time. The motion Carried unanimously. The meeting adjourned on the motion of Alderman Hunt, seconded by Alderman Schisler. READ AND ADOPTED, Mayor THIRTY-THIRD MEETING COMMITTEE OF THE WHOLE Committee Room #1, October 28th,1974. Council met in Committee of the Whole on Monday, October 28th,1974 at 7:00 p.m. All Members of Council were present with the exception of Alderman Christensen. Alderman Schtsler presided as Chairman. Following consideration of the items presented it was moved by Alderman Mann, seconded by Alderman Hunt that the Committee of the Whole arise without reporting. READ AND ADOPTED, i REGULAR MEETING Council Chambers, October 28th,1974. Council met on Monday, October 28, 1974, at 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. Alderma~Christensen offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the minutes of a regular meeting held October 15,1974, be adopted as printed with a correction on Page 2, Line 15 to indicate the affirmative vote of Alderman Keighan; and with a further correction on Page 4, Line 5 to indicate the affirmative vote of Alderman Wallace; further, that the minutes of e special meeting held October 21,1974, be adopted as printed. UNFINISHED BUSINESS APPLICATION FOR "AUCTIONEER" LICENCE - L. IANNUZZELLI Report No. 504 - City Manager - Re: Application of Mr.Louis Iannuzzelli for an "auctioneer" litante to conduct auctions at the Hilltop Motel, 4967 Clifton Hill. The report advises that the applicant proposes to construct an addition to the motel to provide an area for auctioneating purposes and if the building is con- structed, the applicant will be required to obtain the approval of the Committee of Adjustment for permission to further reduce parking requirements. The report suggests that if Council is in favour of granting the litante, such approval be conditional on the necessary approvals of the Committee of Adjustment and subject to the building being constructed in accordance with all by-law requirements of the City. The Building Inspector confirmed that he had suggested to Mr. Iannuzzelli that he first obtain an indication from Council if an auctioncat's lieante would be approved before proceeding with the application to the Committee of Adjust- ment and the construction of an addition to the building. In respect to the removal of a few parking spaces, AldermtmSmeaton noted that Mr. Iannuzzelli had received written confirmation that additional parking would be available to him on Oneida property. Mr. Iannuzzelli was granted permission to address Council on the motion of Alderman Thanson, seconded by Alderman 8meeton. He advised that suctions would be conducted inside the building between the hours of 10:00 a.m. end 10:00 p.m, but not on a continual basis; he intends to operate the business himself and apply for the litante in his own name. It le intended to auction antiques, paintinSsand other goods. .... 2. - 2- Report ~504 (Coat'd) It was then moved by Alderman Smeaton, seconded by Alderman Fera that the report of the City Manager be received and the application for an auctioneer licenee be approved in principle subject to the necessary approval of the Committee of Adjustment for a variance from the parking requirements and con- d~ional upon any buildings being constructed in accordance with all by-law requirements of the City. The motion Carried with the following vote: AYE: Aldermen Smeaton, Fera, Thomson, Puttick, Harrigan, Schisler, Mayor Bukator. NAYE:Aldermen Keighan, Christen, an, Wallace, Hunt, Walker and Mann. POLICE BUILDING - COURT HOUSE SITE Report # 53B - City Manager - Submitting a redevelopmeat plan indicating various parcels of land to be used for City Hall parking, Police Building, Provincial Court House and/or other civic uses; a change in zoning is required for the property owned by the City. The report recommends that Council certify, by resolution, that the application of the City of Niagara Falls conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing and,.further, that Council. give two readings to a by-law adopting a redevelopmentplan for a part,of the red~velop- ment area designated by By-law No. 7908,1969, as amended. ORDERED on the motion of Alderman Christen, an, seconded by Aldernmn Hunt that the report of the City Manager be received and adopted. See By-law No.74-210 See Resolution No.142 WATER SUPPLY SYSTEM Report ~534 - City Manager - Re: Water Meters and 1974 Water Budget. An advisory report regarding meter service charges and the amount paid by flat rate users toward the cost of meter reading and installations. It was moved by Alderman Keighan, seconded by Alderman Christen,an that the report be received and tabled for additional information. The motion was Defeated with the following vote: AYE: AldermsnKeighan and Christen, an. NAYE: Aldermen Runt,Fera,Mann,Harrigan,Puttick,Smeaton,Schisler,Walker,Th°ms°n, Wallace. ORDERED on the motion of Alderman Hunt, seconded by Alderman Puttick that the report of the City Manager be received and filed. The motion Carried with the following vote: AYE: Aldermen Hunt,Fera,Mann,Harrigan,Puttick,Smeaton,Schisler,Walker,Th°meon, Wallace. NAYE:Aldermen Keighan and Christen,an. PALMER AVENUE EXTENSION Report #535 - City Manager - Re: Palmar Avenue Extension. The report reconnends that, in accordance with the policy previously approved by Council for land acquisitions, that Council now authorize the appropriate officials to initiate proceedings under The Expropriations Act end to take the following steps: a)complete the application for approval to expropriate the lands described as Parts 1,2,3,5,8,9 and 14 on Reference Plan 59R-783; b )serve and publish. the notice of application for approval to expropriate the · sam lands; c)forward to the Chief Inquiry Officer any requests for an inquiry that ere received; d) report to Council information regarding any requests for an inquiry. ORDERED on the motion of A~]erman Walker, seconded by Alderman Harrigan that the report be received and tabled for consideration in Conmlittee of the Whole. The motion Carried with Alderman Wallace voting contrary and all others in fayour. GERBER PRODUCTS C~fi~.# 115 - Gerber Products of Canada Ltd. - Advising that depending on the consultants' evaluation of the complaints of noise and if they feel they can be of assistance, a proposal regarding corrective action will be submitted; advising also that Clayton Manufacturing o£ California indicate they my be able to propose a silencer or muffler type equipment for installation in connection with the Clayton boilers; this evaluation will be considered further when additional information and prices are available. L3 -3 - Comm.#115 (Cont'd ORDERED on the motion of Alderman Christen, an, seconded by Alderman Fera that the communication be received and filed and a copy forwarded to Mrs.S.Terriaca. Alderman Thomson expressed the hope that additional reports will be forthcoming from the Gerber Co. FERN PARK AND CREATIVE PLAYGROUNDS Report #536 - R.J-Perkin,Chairman,Recreation Commission - Submitting two reports requested by Council one being with respect to Feru Park and the other regarding Creative Playgrounds. Mr. Perkin was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Smeaton. Mr. Perkin recommended that City Council direct the Recreation Commission to co-ordinate a master plan for the Fern Park development using City Departments such as Parks, Planning and Engineering in conjunction with the Fern Park Committee; that a master plan be prepared showing what is to be developed in the park, a time line for the development ~nd costs for same and that the plan be presented to the City Council no later than the'middle of March 1975 for approval so development proposed for 1975 can be implemented in the spring of 1975 for use during the Alderman Puttick asked the Recreation Director if he could assure Council that residents of other areas such as Mulhern Avenue would not come in with similar requests. Mr. gone, stated he could not give such assurance as he expected other groups would come forward. He said the plan would he to develop a master plan for all parks. It was moved by Alderman Keighan, seconded by Alderman Smeaton that Mr. B.Blanchfie~d be granted permission to address Council. Mr. Blanchfield, spokesman for the Fern Ave. Recreation Committee, indicated that the Committee would be satisfied with the plans for the park and would be willing to cooperate in any way. ORDERED on the motion of Alderman Mann, seconded by Aldermen Smeston that the recommendations outlined by Mr. Perkin with respect to the development of Fern Park be adopted by Council. The motion Carried unanimously. In respect to Creative Playgrounds, Mr. Perkin said that although there is some question as to the public use of presently designed creative playgrounds, the idea provides an opportunity for the City to co-operatively develop something different for residents. He recommended that City Council direct the Recreation Commission to co-ordinate the production of plans for two creative playgrounds in the City through the combined efforts of neighbourhood conunittees and various departments of the City; that the two areas be Fern Park and one other group of interested citizens in the City, possibly the Ryerson area group; that the two playgrounds be relative to the areas chosen and reflect the atmosphere of the community and its people, thus providing two different designs to study and that complete plans, time line for cons truction, involvement of the people and costs be presented to Council for approval not later than the firstspart of April to allow construction in time for use in the sunnner of 1975. Alderman Wallace noted that during the budget discussions, the Recreatian Director had indicated a creative playground could be developed at a cost of $2,500 and, as a result, $10,000. was allocated for the establishment of four such parks. He was critical of the present reconnendations which indicate the creation of only two parks. He suggested there are other areas where neighbout- hood groups could be recruited such as Prince Charles Park, Chippaws and the downtown area. Me suggested the Recreation Connission should proceed with the development of four creative playgrounds as directed by Council. Mr. Perkin commented on the difficulties encountered in attempting to form a neighbourhood committee which could, in conjunction with various City departments, produce a complete concept for a park. He advised that it was the opinion of the Recreation Connnission that it would be advisable to proceed with two parks and study the use and benefits before proceeding with additional playgrounds. Mr. Perkin expressed the opinion that if complete plans were to be presented to the City Council early in April, the staff of the recreation department would not have sufficient time to complete plans for more than two parks. Mr.. Sones egreed that originally he had estimated treerive playgrounds could be developed at a cost of $2,500. each with volunteer work and labour, However, a tour of the facilities in Ottawa indicated the necessity for sand, excavations, concrete for safety factors, harms and shade trees. He advised that in Ottawa, one playground had cost $2,500. while another had cost $10,000. for the first phase. . ..... 4. -4- V - 5 - Report No. 536 (Conrad) It was moved by Alderman Puttick, seconded by Alderman Mann that the recormnendations presented by Mr. Perkin in respect to creative playgrounds be adopted by Council. The motion Carried with Alderman Wallace voting contrary and all others in favour. COMMUNICATIONS No. 116 - Business and Indus trial Growth Committee - The communication outlines the circumstances leading to an article in the Financial Post regarding the City's procedure in attempting to attract German industry to the City of Niagara Falls; suggests the article significantly improved the stature of the Industrial Development program of the C~ty in Germany and advises there was nothing divulged that is not common knowledge to industrial development practitioners. ORDERED on the motion of AldermanWalker, seconded by Alderman Thomson that the communication be reneived and filed. No. 117 - Canadian Transport Con~nission - Referring to the City's proposal to delete the Thorold Stone Road ,~rossing from the anti-whistling by-law; advising that in order to approve the application it would be mandatory to revoke the recent application for anti-whistling for Stanley Avenue and Swayze Drive due to the three crossings being in consecutive order; suggesting that the request to permit train whistles at Thorold Stone Road be reconsidered. ORDERED on the motion of Aldernmn Walker, seconded by Alderman Puttick that the application before the Canadian Transport Conmission for the approval of a by-law to delete the Thorold Stone Road CrOssing of the C.N.R. tracks from the City's anti-whistling by-law be held in abeyance until such time as confirmation is received from Regional Niagara or the Canadian Transport Commission that protective gates will be installed at the crossing. No. 118 - Drummond Sport &Marine No. 119 - Stamford Electronics Limited - Comments re: Neglected condition of the Loblaw Store on Dunn Street at Drummond Road. ORDERED on the motion of Alderman Schisler, seconded by Alderman Christensen that the communications be received and referred to the City Manager for a report. Alderman Smeaton suggested the report include information regarding a Commercial Properties Standards By-law. No. 120 - Niagara Resort & Tourist Association - Re: Soliciting within the tourist industry in Niagara Falls; requesting the City provide by-laws to control all soliciting. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that the communication be received and referred to staff and the Niagara Resort and Tourist Association for the preparation of a report as to the specific types of soliciting that are of concern and the steps necessary to amend the City of Niagara Falls Act to provide authority for the City to pass by-laws prohibiting soliciting. REPORTS No. 537 - Deputy City Clerk - Report of the Council C~ittee. 1. SHRINER'S CREEK PROJECT - Representatives of four consulting firms made verbal presentations regarding proposals for preliminary engineering and an environ- mental impact study in conjunction with the Shriner's Creek Project. Recommendation: That the submissions of Acres Consulting Services Ltd., DeLeuw Cather Canada Limited, Proctor and Redfern Ltd. and Canadian British Engineering Co. Ltd. be tabled for two weeks. and, in the interim, all members of Council be provided with copies of each of the four submissions-; also recommending that city staff be instructed to prepare a report indicating the suggestions and rec~endations of staff. 2. LAND DRAINAGE - For the information of Council, the City Manager submitted a report entitled "Final Report of the Select C~,~ittee on Land Drainage". Reconxnendstion:- That the report be received and filed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the action of the Council C~Lttee be ratified by adoption ofthe recommendations contained in the report. No. 538 - City Manager - Re: Proposed Solar Subdivision. Recommending that Council pass a by-law appearing later on the agends to authorize an application for an order under The Registry Act amending Registered Plan No.120 by closing Report No.538 (Cont'd) authorize the conveyance of it and the 1-foot reserve surrounding it to the subdivider. ORDERED on the motion of Alderman Hunt, seconded by Alderman Walker that the report be received and adopted. See By-Law No.74- 214 No. 539 - Planning and Development Committee - Re: AM-52/73 Empire Motel Ltd., west corner of Ellen Avenue and Centre Street. A rezoning application to permit an addition to the existing motel. Recor~nending approval of the application subject to a site plan agreement and 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 Mann, seconded by Alderman Christensen that the report be received and adopted. See By-law No. 74-215 See Resolution No. 143 No. 540 - Planning and Development Committee - Re: Innovative Low Density Housing Development of O.H.C. site west of Montrose Road, South of Lundy's Lane. The report recommends that city staff be directed to prepare a concept proposal for an innovative low density housing project for the O.H.C. site located south of Lundy's lane, west of Montrose Road and the proposal be prepared in full co-operation with O.H.C. representatives in order that all the valuable experience gained from existing innovating housing projects can be utilized; and further, that the project include, in part, zero lot line housing or on- street townhousing. ORDERED on the motion of Alderman Keighan, seconded by Alderman!Thomson that the report be received and adopted. No. 541 - Planning Administrator - Re: Municipal Housing Policy. The Mayor's Committee on Housing and the Planning and Development Committee recommendsas follows: 1) a thorough discussion of the policy attached to the report and, subject to comments made, the policy be adopted for one year or until Phase 2 Policy State- ment has been approved by the Ministry of Housing; 2)the Regional Council, through the Regional Planning and Development Committee, be asked to concur with the Interim Policy Statement for Niagara Falls; 3)that application be made to the Ministry of Housing for a $15,000.00 grant to develop the policy further; 4)that in preparation of the Phase 2 Housing Policy Statement, a review and restatement of existing Official Plan policies be considered and structured input from interested groups and individuals be obtained. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the Council grant preliminary approval of the Interim Housing Policy as prepared by planning staff and outlined in the report dated October 28th,1974, subject to further modifications.. The motion Carried with Alderman Christensen voting contrary and all others in favour. See Resolution No. 141 No. 542 - City Manager - Re: Removal of Covenant, Exchange of lands and Sale of Parts of the former Hydro }~ulage Road. Reconmending that in order to enable the City to sell parts of the former haulage road and initiate required exchanges of property, Council authorize the payment of $2,817.75 to OntarioHydro in order remove the roadway covenant presently on title; recommending further that, following the lifting of the roadway covenant, Parcel '~" shown on the sketch attached to the report be exchanged for "A-l" on condition that the new owner of Parcel '~" be required to pay a pro-rated share of the amount required to remove the covenant. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 543 - City Manager - Re: Concession at Stamford Memorial Arena. Advising that a telephone poll of the members of the Arena Board indicated the majority approued the continuation of the present agreement withMr.Ralph Biamonte trooperate the food concession at the Stamford Arena. Advising that the City Solicitor is of the opinion that the present sgreemsnt can be treated as continuing until May 1, 1975, the term indicated in the document and could be reviewed by the successor Board and City Council after the beginning of next year. The report recommends that Council rec~aend to the 1975 Council that it enter into a new agreement with Fir. Biamonte. that section of WilinSew Street shown on the plan attached to the report and to ORDERED on the motion of Alderman Walker, seconded by Alderman Wallace that the rLport be received and referred to the StamfOrd Arena Board for consideration and ..... 5. a subsequent report to Council. - 6- Reports (Cant'd) No. 544 - City Manager - Re: Comments of Provincial Treasurer. Referring to reports by the Provincial Treasurer that the Province will be unable to provide funds for anything other than essential services; suggesting that as the Province has been tightening their spending, the Minister is recommending that municipalities do likewise and attempt to apply restraint in their t975 expenditures; suggesting that staff continue to investigate all remarks by the Minister and report to Council regarding any substantial information acquired. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and filed. No. 545 - City Manager - Re: Ontario Arena Association Magazine. Explaining the absence of a history of the Niagara Falls Memorial Arena in the Ontario Arena Association Magazine. Advising t~at the editor of the publication has acknowledged that proper notice was not given and it would appear that the article will be published in the 3anuary 1975 edition of the nmgazine. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the report be received and filed. No. 546 - City Manager - Re: Group Co-Operative Purchasing. Conunenting on the various cowmodities presently purchased in bulk and suggesting that future prospec~ for the program are good, the chief beneficiaries would be the smaller municipalities who do not have purchasing co-ordination but presently only St.Catharines and the City of Niagara Falls have taken advantage of the program. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and filed. No. 547 - City Manager - Re: Construction By-law for Various. Water Main Installations. Recon~nending approval of a construction by-law for four watermain projects, namely, Thorold Stone Road, Ash Street, Franklin Avenue and Stanley Avenue. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. See By-law No.74-225 No. 548 - City Manager - Re: Construction By-law for the Reconstruction of Robinson Street Overpass at Penn Central Railway. Advising that the total project cost including engineering and property acquis ition is $700,000.00; as a result of contributions from the Grade Crossing Fund, Penn Central, property owners and M.T.C. subsidy it is estimated the net cost to the City will be $160,000. The report recommends approval of the required construction by-law ORDERED on the motion of Aldermen Christensen, seconded by Alderman Walker that the report be received and adopted. See By-law NoJ74-227 No. 549 - City Manager - Re: Construction of Permanent Emergency Supply for the Niagara-on-the-Lake (former Township) water system. Recommending that Regional Niagara be requested to defer their recfam.ended course of action in their report DE-2696, to permit discussions to be held between officials of the Region, Niagara-on-the-Lake and the City of Niagara Falls. ORDERED on the motion of Alderman Thomson, seconded by Aldermm,Smeatan that the report be received and adopted. No. 550 - Recreation Connission - Re: Vacancy on Niagara South Recreation Board. Recommending the appointment of Mrs. Nelly Marshall. ORDERED on the motion of Aldermen Mann, seconded by Alderman Hunt that the report be received and adopted. No. 551 - City Manager - Re: Propesed Sanitary Sewer - Dorchester Road,southerly of Oldfield Road. The report reco,m~nds: (a) the City Manager be authorized to advise Chemacryl Plastics Ltd. that the City will proceed with the construction of a 33" diameter sanitary sewer along Dorchester Road to a point 1000.feet beyond their Plant #1, on a staged construction basis and on the understanding that Chemcryl will i~nediately deposit with the City a certified cheque in the amount of $100,000; (b) that upon receipt of the deposit from Chemacryl, the City Engineer be authorized to proceed with the tender call for the project based upon two alternatives;(c) that subject to further approval of contract award by City Council, the balance of the project cost be financed from City By-law 73-267; (d)that the City Solicitor be instructed to prepare the necessary agreement with Chemecryl Plastics Ltd. covering .their contribution toward the total project costs and (e) that contributions ~romdevelopments within the extended drainage area south of the Welland River, be credited to City By-law 73-267. Report ~551 (Cant'd) - 7- ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and adopted. The motion Carried with Alderman Christensen voting contrary and all others in favour. No. 552 - City Manager - Re: Parking on Portage Road. Recommending that parking be prohibited at all times from the easterly side of Portage Road from O'Neil Street to the north limit of the St.John's Church property. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 553 - City Manager - Re: Intersection of Glengate Street and Pettit Avenue. Recommending that the necessary by-laws be passed to allow erection of a stop sign facing traffic westbound on Glengate Street. Alderman Thomson expressed concern about speeding vehicles on Pettit Avenue. The Projects Engineer indicated that the Police Department could be requested to enforce the present 30 mile/hr. speed limit. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 554 - City Manager = Re: Parking on Fredrica Street at Stamford Memorial Arena. Reconmending that parking be prohibited at all times from the southerly side of Fredtics Street from 100 feet west of Prince Edward Avenue to Glenholme Avenue. ORDERED on the motion of Alderman Mann~ seconded by Alderman Hunt that the report be received and adopted. No. 555 - City Manager - Re: Tenders for City of Niagara Falls Contract L.I.31-74. Advising that the lowest tender received exceeded the City's estimate for the work; recommending that the tender report on Contract L.I.31-74 be deferred for two weeks and submitted for Council's consideration in conjunction with Contract 33-74 at the Council meeting of November 12,1974. Tenders close November 5th for the L.I.33-74 contract. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 556 - City Manager - Re: Supply and Erection of Fences and Backstops FE 28-74. Recommending that the unit prices submitted by Lundy Steel Ltd. be accepted by Council. ORDERED on the motion of Alderman Christensen, seconded by Aldermsn'Schis let that the report be.received and adopted. See By-law No.74-219 See Resolution No.144 No. 557 - City Manager - Re: 1974 Tree Planting Program. Recommending that the Unit prices submitted by Gauld Nu meries be accepted by Council. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. See By-law No.74-220 See Resolution No.145 No. 558 - City Manager - Requesting permission to attend the Fall Workshop of the Ontario Municipal Administrators Association, Kitchener, November 21 and 1975. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. No. 559 - Deputy City Clerk - Advisory Report. Miscellaneous Items. The report recommends that letters of appreciation,from the Niagara Tralning and Employment Agency Inc., the Greater Ni6gara Easeball Assoc~tion and the Downtown Farmers' Market Association be received and filed; reconnends approval of the request from the Canadian Labour Congress to hold a parade on October 29th; provides information regarding a news release of the American Falls Board reports to the International Joint Commission as well as a report regarding the recent conference of the Roads and Transportation Association of Canada. ORDERED on the motion of Aldermsn Wallace, seconded by Alderman l~nt that the report be received and adopted. -8- Reports (Cont'd) No. 560 - Deputy City Clerk - Re: Application of Mr.D.Nicholls for a "Hawker and Pedlar Licence". The applicant proposes to sell the products of Bell Kraft International Ltd.of Windsor,Ontario on a referral basis. ORDERED on the motion of Alderman Wallace, seconded by Alderman llarrigan that the report be received and filed and the application be denied. No. 561 - Deputy City Clerk - Recommending approval of Municipal Liceuces. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted and licences granted. No. 562 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Walke{, seconded by Alderman Mann that the report be received and adopted. RESOLUTIONS No. 141 - See Below No. 142 - CHRISTENSEN - HUNT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of the City of Niagara Falls for the rezoning of property located on the north and south sides of Huron Street and on the north and south sides of Morrison Street between Ontario Avenue and the Penn Central right-of-way conforum to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 143 - MANN - CHRISTENSEN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of the Empire Motel Ltd. for the rezoning of property located at the west corner of Ellen Avenue and Centre Street conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 144 - CHRISTENSEN - SCHISLER - RESOLVED that the unit prices in the total amount of $27,405.05 submitted by Lundy Steel Limited for the supply and erection of fences and backstops, Contract FE 28-74, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 145 - SCHISLER - HUNT - RESOLVED that the unit price in the amount of $7,781.5: submitted by Gauld Nurseries, TP 32-74, for the 1974 Tree P~anting Program be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 146 - KEIGHAN - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of the City of Niagara Falls for the rezoning of property known as Part Lot 114 and situated north of Valley Way, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Ministerof Housing; AND the Seal of the CorpOration be hereto affixed. Carried Unanimously No. 147 - MANN - HAHRIGAN - RESOLVED that the next regular meeting of Council be held on Tuesday, November 12, 1974 commonsing at 7:30 p.m.; AND ~he Seal of the Corporation be hereto affixed. Carried with Alderman Wallace voting contr No. 141 - THOMSON - HARRIGAN - RESOLVED that WHEREAS the Official Plan of the City of Niagara Falls, Amendment No. 28 (approved April 3, 1967) states the policies for housing as attached hereto; WHEREAS it is des irable to widen the choice of accommodation available to citizens living in Niagara Falls; WBEREAS certain problems in the existing housing stock and provia ion of new acc~odation are perceived; WHEREAS these can only be overcome by mobilizing all components - public, semi- public and private - in co-ordinated effort; ]L__ - 9- Resolution No. 141 (Cont'd) WHEREAS this can only be accomplished by Council setting out publicly its Housing objectives, Housing policies, Housing targets and estimated demands, together with special solutions to pressing problems; WHEREAS it is desirable to establish a first phase policy while further study on the housing needs of Niagara Falls is being considered; NOW THEREFORE the Council of the Corporation of the City of Niagara Falls hereby grants preliminary approval of the attached pages, numbers 8 to 14 as an INTERIM HOUSING POLICY; AND the Seal of the Corporation be hereto affixed. Carried Unanimous l,~ BY-LAWS No. 74-210 - A By-law to adopt a redevelopment plan for a part of the redevelop- ment area designated by By-law No. 7908,1969, as amended. (TWO READINGS ONLY) ORDERED on the motioR of Aideman Puttick, seconded by Alderman Keighan that leave be granted to introduce the By-law and the By-law be given first and second readings. Carried UnanimousIX ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that leave be granted to introduce the following by-laws and the by-laws be given a first reading: No. 74-211 - A By-law to amend By-law No. 5335,1955, as amended.(Redevelopment Area) No. 74-212 - A By-law to provide for the holding of an additional advance poll for the 1974 municipal election. No. 74-213 - A By-law to authorize the acquisition of the former Kitchener Street Public School property. No. 74-214 -A By-law to authorize an application for the closing of Wilinger St. on Registered Plan No. 120 for the former Township of Stamford. (Solar Subdivision) No. 74-215 - A By-law to authorize the execution of a site plan agreement with Empire Motel (Niagara Falls) Limited. (Southerly corner of Centre St. and Ellen Avenue) No. 74-216 - A By-law to amend By-law No. 5335,1955, as amended. (Empire Motel) No. 74-217 - A By-law to authorize the execution of an agreement with Battelle Memorial Institute. No. 74-218 - A By-law to authorize an agreement with Advertising Works for design services. No. 74-219 - A By-law to authorize the execution of an agreement with Lundy Steel Limited for the supply and erection of fences and backstops. No. 74-220 - A By-law to authorize the execution of an agreement with Gould Nurseries Limited for the planting of trees. No. 74-221 - 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 Falls. No. 74-222 - A By-law to provide monies for general purposes. No. 74-223 - A By-law to authorize the execution of an agreement respecting the sale by Louis Ftlo of Lots 10 and 11 in Falls Industrial Park. - 10 - By-laws (Cont'd) No. 74-224 - Delete ORDERED ou the motion of Alderman Schisler, seconded by Alderman Thomson that the following By-law be now given a second and third reading; No. 74-211 - A By-law to amend By-law No. 5335, 1955, as amended. (Redevelopment Area) No. 74-212 - A By-law to provide for the holding of an additional advance poll for the 1974 municipal election. No. 74-213 - A By-law to authorize the acquisition of the former Kitchener Street Public School property. No. 74-214 - A By-law to authorize an application for the closing of Wilinger Street on Registered Plan No. 120 for the former Twp.of Stamford. (Solar Subdivision) No. 74-215 - A By-law to authorise the execution of a site plan agreement with Empire Motel (Niagara Falls) Ltd. No. 74-216 -A By-law to amend By-law No. 5335,1955, as amended (Empire Motel) No. 74-217 - A By-law to authorize the execution of an agreement with Battelle Memorial Institute. No, 74-218 -A By-law to authorize an agreement with Advertising Works for design services. No. 74-219 - A By-law to authorize the execution of an agreement with Lundy Steel Limited for the supply and erection of fences and backstops. No. 74-220 - A By-law to authorize the execution of an agreement with Gauld Nurseries Limited for the planting of trees. No. 74-221 - A By-law to amend By-law No. 72-163, being a By-law to prohibit heavy traffic on certain h£ghways in the City of Niagara Falls. No. 74-222 - A By-law to provide monies for municipal purposes. No. 74-223 - A By-law to authorise an agreement respecting the sale by Louis Filo of Lots 10 and 11 in Falls Industrial Park. No. 74-224 - Deleted. 'b~DERED on. the motion of Alderman Mann, seconded by Alderman Hunt that "~ lea~e be g~ant~d. to introduce th~ following by-law~ and the by-laws be given a'~irst ~ading:' '~"~ .... ' ' · ...... "' ' No. 74-225 - A By-law to authorize the construction of watermains as extensions to the water supply system in the Urban Service Areas of the City. (Watermains on Thorold Stone Road, Ash Streets Franklin Avenue and Stanley Avenue) TWO READINGS ONLY No. 74-226 - A By-law to authorize the construction of a storm sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Storm sewermain on Churchfs Lane f~om'Stanley Avenue to St. Paul Ave.) TWO READINGS ONLY No. 74-227 - A By-law to authorize the reconstruction of the Robinson Street Bridge (TWO READINGS ONLY) No. 74-228 - A By-lsw to authorize the reconstruction of Morrison Street from Crysler Avenue to Erie Avenue. (TWO READINGS ONLY) : - 11 - By-laws (Cont'd) ORDERED on the motion of Alderman }~nn, seconded by Alderman Hunt that the following by-laws be given a second reading. No. 74-225 - A By-law to authorize the construction of watermains as extensions to the water supply system in the Urban Service Areas of the City. (Watermains on Thorold Stone Rd.,Ash St.,Franklin Ave. and Stanley. No. 74-226 - A By-law to authorize the construction of a storm sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City (Church's Lane from Stanley Ave.to St. Paul Ave.) No. 74-227 - A By-law to authorize the recQnstruction Of the Robinson Street Bridge. No. 74-228 - A By-law to authorize the reconstruction of Morrison St. from Crysler Ave. to Erie Ave. NEW BUSINESS NIAGARA SOUTH ARENA Alderman Keighan commented on the fact that there are no sidewalks in the vicinity of the Niagara South Recreation Complex and only one street light. The City Engineer indicated sidewalk construction for the area will be included in the 1975 Local Improvement works for the consideration of Council and staff would obtain the viewpoint of the Niagara Falls Hydro in respect to additional street lighting. Alderman Keighan questioned the number of hours provided for free ice skating in the new arena. Alderman Mann provided information regarding the hours for public skating which included 4:00 to 5:00 p.m. on week nights and 2:00 to 4:00 p.m, on Saturdays and Sundays. He indicated consideration was being given to alloting additional hours for public skating. Alderman Keighan suggested the schedule did not provide enough time for young children at hours when it was convenient for them to attend. Alderman Puttick said he had been questioned about payment of $14.00 to the Y.M.C.A. for skating in the Chippawn arena. Alderman Mann replied that the "Y" rents the arere for a skating program for children between the ages of 4 to 8 years; the organization charges for lessons and provides instructors. Alderman Puttick requested a report on the matter. TAX ASSISTANCE FOR ELDERLY Alderman Puttick questioned the delay in forwarding tax rebate cheques to qualified homeowners who received guaranteed income supplement. The City Treasurer stated that approximately 75 cheques are being mailed daily. The City received 1034 applications of which 840 have been approved; 116 yet to b'e approved; 79 were -disallowed, 12 of which will re-apply. Mr. Fartell {ndicated that all ~pplications should be processed andcheques mailed within ten days. NIAGARA SQUARE Alderman Puttick suggested that in view of public criticism regarding the delay in the construction of the Niagara Square shopping plaza, Council should be made aware of construction plans as well as information regarding major tenant. It was moved by Alderman Puttick, seconded by Alderman Thomson that the developers of Niagara Square meet with Council in Cormnittee of the Whole as soon as possible. The motion Carried unanimously. The City Manager indicated a meeting could be arranged for mid-November. SIGNING POLICY - NIAGARA PARKS COMMISSION Alderman Thomson referred to the recent comments of Mrs. Henderson regarding the sign policy of the Niagara Parks Commission and her suggestion that the policy should also apply to Commission operations. The Alderman reported that the matter had been discussed by the N.P.C. at a recent meeting and it was agreed that several signs ', be changed. He indicated a report from the Commission will be presented to Council at a later date. CONSUMERS GAS - INCREASED RATES Alderman Fera expressed criticism of recently announced increases in · .... 12. - 12- residential and commercial gas bills and suggested that the 38% increase in t~ Nlagara Peninsula, 18% more than other areas, is unjust. It was moved by Alderman Fera, seconded by Alderman Keighan that the City Clerk be directed to write to the Ontario Energy Board expressing the Ctty's concern and a resolution to this effect be forwarded to other munici- palities for support. The motion Carrie~ unanimously. The City Clerk advised that part of the procedure in such cases, is to advertise a Notice of Application and municipalities have the right to submit objections. He indicated that if the deadline for filing objections has not passed, a resolution would be prepared for cnnsideration by Council. TWINNING COMMITTEE Alderman Smeaton, a member of the City~s Twinning Committee, took exception to a newspaper article written 'by Mr.H.Rustige which implied a City representative would have a "sweet trip" to Kingstown, St. Vincent in conjunction with proposed twinning ceremonies. The Alderman said the comments of Mr. Rustige were derogatory inasmuch as many sincere individuals worked for a long time to help a distant community that perhaps does not have all the opportunities this City has, both culturally and economically. JAYCEE'S STAG NIGHT At the request of Mrs. A. Dane, Alderman Smeaton conveyed the sincere concern of the members of the Local Council of Women regarding the Jaycee's plans to have Xaviera Hd~nder as guest speaker at a stag night. It was suggested that Mrs. Dane's remarks be forwarded to the President of the organization. REQUEST FOR SIDEWALK CONSTRUCTION - R.W.RICKARD Alderman Puttick raised the question of construction of ~ sidewalk in front of the residence of Mr. Rickard on Dorchester Road. The City Engineer provided an explanation of the Region's policy with respect to such requests and the fact that negotiations regarding cost-sharing had been undertaken in 1968. It was moved by Alderman Puttick, seconded by Alderman Thomson that the City Engineer be instructed to continue negotiations with Regional Niagara and Mr. Rickard regarding cost-sharing arrangements to permit the construction of the requested sidewalk and that a further report be-submitted to Council in two weeks. The motion Carried unanimously ..... ADJOURNMENT The meeting adjourned at 11:30 p.m. on the motion of Alderman Harrigan, seconded by Alderman Schisler. ~ READ AND ADOPTED, lerk Mayor THIRTY-FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room No.l, November 4, 1974. Council met in Committee of the Whole on Monday, November 4, 1974,at 7:20 p.m. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. 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 meeting adjourned to Council Committee Session. READ AND ADOPTED, Mayor SPECIAL MEETING Council Chambers, November 4, 1974. Following adjournment of a Council Committee Session held Monday,November 4, 1974, Council met in open session on the motion of Alderman Hunt, seconded by Alderman Thomson. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. SHRINER'S CREEK WATERSHED Report No. 563 - City Manager - Re: Retention of Consulting Engineering firm for the Preliminary Engineering and Environmental Impact Study for Shriner's Creek Watershed, The report recommends that the consulting engineering firm of Proctor and Redfern Limited be retained to undertake the study and the engineering fees be in accordance with the A.P.E.O.fee schedule (time basis) not exceeding $26,350. and, further, that the Niagara Peninsula Conservation Authority be requested to retain the consultant selected by City Council to'proceed with the preliminary engineering and environmental impact study for Shriner's Creek Watershed as soon as possible. The report also recommends the formation of a Technical Advisory Committee composed of Mr. Craig Leuty as Chairman; the Consulting Engineer as Secretary and the following members: Mayor George Bukator; the Chairman of the Planning and Development Committee; Mr.Fred Fisher-Jensen of the Ministry of Natural Resources,Conservation Authorities Branch; the City Engineer or his deputy and the Planning Administrator or his deputy. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the report of the City Manager be received and adopted; the firm of Proctor & Redfern be retained to undertake the Environmental Impact Study and the recommended Technical Advisory Committee also include a representative of the affected property owners. The motion Carried.tNote:Alde~men Keighan and Fera and Mayor Bukator wished to be recordea as votilT~ontrary to the motion. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the meeting adjourn to Committee Rooms 2 and 3 for a meeting of the Council Committee. READ AND ADOPTED, Mayor .1_.. - 2- Committee Rooms 2 & 3, November 4, 1974. Following adjournment of s Council Committee meeting held Monday, November 4, 1974, Council reconvened in open Council session on the motion of Alderman Christensen, seconded by Alderman Fers. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. DEPUTATION BAMBI ESTATES SUBDIVISION Mr. H. Woodgate of R.V.Anderson Associates, designers of the services in the Bambi Estates Subdivision, appeared before the Council Committee and advised that the developers of the subdivision will be unable to complete the subdtvider's agreement prior to the 24th day of November as stipulated in the recently adopted Declaration of Policy for Subdivis ions. i Mr. Woodgate tormented on the delays in finslizing the road alignment, the availability of a surveyor's plan and the necessity of obtaining easements across lands owned by Paramount Properties and the Hydro Electric Power Commission. He suggested the delays were beyond the control of the developers and requested that, due to the extenuating circumstances, the developers of the Bambi Estates Subdivi- sion be granted an extension of three months to complete the subdivider's agreement. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that in accordance with the exemption contained in the report of the City Manager,No.385, dated August 6, 1974, in respect to the adoption of the Declaration of Policy on Subdivisions, the owners of the Bambi Estates Subdivis ion be given until the 24th day of February, 1975, to complete a subdivider's agreement covering development of their lands; said agreement to be prepared in accordance with the terms of the.policy in effect prior to the adoption of s revised Declara- tion of Policy ~or Subdivisions dated October 15, 1974; and, further, that periodic progress reports be'p~ovided to the City Council by the developers of the subdivision. The motion Carried with Alderman Schisler voting contrary and all others in favour MUNICIPAL HOUSING POLICY ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that final approval be given to the Municipal Housing Policy prepared by Planning staff and the policy be adopted for one year or until Phase 2 Policy Statement has been approved by the Ministry of Housing; that the Regional Council, through the Regional Planning and Development Committee, be asked to concur with the Policy Statement for Niagara Falls; that application be made ~o the Ministry of Housing for a $15,000.00 grant to develop the policy further; and, further, that in preparation of the Phase 2 Housing Policy Statement, a review and restatement of existing Official Plan policies be considered and structured input from interested groups and individuals be obtained. See Resolution No.148 BUCKLEY AVENUE SENIOR CITIZENS' PROJECT Report No. 564 - Mayor George Bukator - Re: Buckley Avenue Senior Citizens' Project. The report recommends (a)that Council approve the proposed Buckley Avenue Senior Citizens' project; (b) that Staff be authorized and directed to retain the firm of MacKenzie,Elsley,Wilson Associates, to prepare appraisals and negotiate for options based on appraised value and Just compensation, during the months of November and December,1974 for the First Phase 200 units geared-to-income senior citizen units, to consist of up to three acres of land and up to and not exceeding $300,000.00 total cost and subject to four condi- tions enumerated in the report; (c) that Ontario Hous ing Corporation be requested to Immediately appoint an architect for the project; (d)_ that staff'be authorized and directed to obtain Central Mortgage and Housing Corporation commitment to finance acquisition fDr. the-~_~a~ce ~of the land an~.(e) that staff be authorized and directed to provide to the residents of the area, whose property is to be acquired, every assistance by modifying the staging of the project,finding alternate accomodation, including requesting the Niagara Falls Housing Authority to give special consideration where required. - 3 - Report ~ 564 (Cont'd) ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the report be received and adopted. FRONTENAC WOODS SUBDIVISION Report No. 565 - City Manager - Re: Removal of Block "C", Registered Plan 246. Advising that in order to permit construction of a dwelling, Mr. T. Maxim the owner of the parcel of land lying adjacent to Block "C" in the Frontenac Woods Subdivision has requested the City to remove a one-foot reserve. The applicant has submitted a certified cheque in the amount of $4,037.50 payable to the subdivider. The report recommends that the amount of $4,037.50 be forwarded to Stamford Green Investments Ltd. and Dalecombe Development Ltd. and that Block "C", Registered Plan 246, be established as a public highway. ORDERED on the motion of Alderman Thomson, seconded by Alderman Walker that the report'be received and adopted. BY- LAW No. 74-229 - A By-law to establish a certain one-foot reserve block as a public highway. (Block "C",Registered Plan 246,Frontenac Woods Sub.) ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that leave be granted 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 U~animous.ly NEW BUSINESS ..... ' ' EXTENSION OF SHIRLEY AVENUE It was moved by Alderman Puttick, seconded by Alderman Schisler that the City Manager be authorized to contact officials of the Niagara South Board of Education to discuss the possibility of extending Shirley Avenue to the most southerly limit of the Hines property. The Hines' property abuts the property of Lord Elgin School. The motion Carried unanimously. ROLLER SKATING Alderman Puttick commented on the continuing interest of local students in roller skating and the number of young people going to St.Catharines to use facilities there. He suggested that local students be polled to determine the degree of interest and how many would utilize a Transit Commission bus service to the arena in St.Catharines. Alderman Thomson suggested the possibility of an arena being provided by a private group presently investigating properties for recreational purposes including a roller skating rink. He also suggested that members of Council be provided with copies of an earlier Recreation Commission report on the matter in order to determine the advisability of having the report up-dated. It was moved by Alderman Puttick, seconded by Alderman Mann that the matter be referred to the City Manager, the Recreation Cormnission, the Transit Commission and the School Board for the preparation of a report. "BIRTHRIGHT" Alderman Walker questioned the decision of the Transit Conmission to de~y a request,~rom the "Birthright" association for advertising space on N~agara fFall8 ~uae~.. ~.~he,.Alde~man' requested a report on the matter. RESOLUTION No. 148 - THOMSON - WALKER - RESOLVED that WHEREAS the Official Plan of the City of Niagara Falls, Amendment No. 28 (approved April 3, 1967) states the policies for housing as attached hereto; -4- Resolution No. 148 (Cont'd) W}~EREAS it is desirable to widen the choice of accommodation available to citizens living in Niagara Falls; WHEREAS certain problems in the existing housing stock and provision of new accommodation are perceived; WHEREAS these can only be overcome by mobilizing all components - public, semi-public and private - in co-ordinated effort; WHEREAS this can only be accomplished by Council setting out publicly its Housing objectives, Housing policies, Housing targets and estimated demands, together with special solutions to pressing problems; WHEREAS it is desirable to establish s f~rst phase policy while further study on the housing needs of Niagara Falls is being considered; NOW THEHEFOHE the Council of the Corporation of the City of Niagara Falls hereby grants approval of the attached pages, nun~er 8 to 14 as an INTERIM HOUSING POLICY; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ADJOURNMENT The meeting adjourned on the motion of Alderman Christensen, seconded by Alderman Schialer. READ AND ADOPTED, Mayor THIRTY-FIFTH bZETING COMMITTEE OF THE WHOLE Connnittee Room ]~1, November 12, 1974. Council met in Committee of the Whole on Tuesday, November 12, at 7:00 p.m. All Members of Council were present with the exception of Alderma~Christensen. Alderman Walker presided as Chairman. 1974 Following consideration of the items presented, it was moved by Alderman Smeaton, seconded by Alderman Schisler that the Committee of the Whole arise without reporting. HEAD AND ADOPTED, Mayor / REGULAR MEETING Council Chambers, November 12,1974. Council met on Tuesday, November 12, 1974, 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 Wallace offered the Opening Prayer. WELCOME His Worship Mayor Bukator welcomed twenty Boy Scouts from Troop 18 who, together with their leaders, were in the Council Chambers as onlookers. ADOPTION OF MINUTES ORDERED on the motion of Alderman Christensen, seconded by Alderman Smeaton that the minutes of a regular meeting held October 28, 1974, be adopted as printed and, further, that the minutes of a special meeting held November 4, 1974 be adopted with a correction on Page 1, Line 30 to indicate the contrary vote of Aldermen Keighan, Fern and Mayor Bukator. PRESENTATION Retirement watches were presented to Mr. Ted Naylor, Carmen Martin and Stasys Bicidsuskss. In presenting the watches, Mayor Bukator expressed the appreciation of Council and congratulated the former City employees. UNFINISHED BUSINESS NIAGARA PARKS COMMISSION SIGN POLICY Comm. ~ )21 - Mr.D.R.Wilson,Genersl Manager,Niagara Parks Commissio__n - Advising that nine of thirteen commercial establishments have agreed to cooperate and have the Commission erect standard signs adjacent to the roadway. With respect to the suggestion'of Mrs. L. Henderson that some of the Commission signs ere too large, the Commission is presently reviewing the matter. The communication advises that the Queenston Heights Restaurant sign will be replaced at the end of the present season. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the communication be received and filed and a copy forwarded to Mrs. L. Henderson; further, that the Niagsra Parks Commission be requested to provide additional reports to Council in respect to future decisions regarding signing along the Niagara River Parkway. - 2- BELLEHAVEN SCHOOL - WEEHAVENNURSERY Report #382 - City Manager - Re: Bellehaven School. Referring to a communication from the Niagara South Board of Education enquiring as to whether the City wofild be interested in acquiring the Bellehaven School on Bellevue St. and subsequent discussions regarding the possibility of the property being used for the Weehaven Nursery School; advising that representatives of the Greater Niagara Assoc~tion for the Mentally Retarded and the Ministry of Community and Social Services have reviewed preliminary plans and agreed that the Bellehaven School property is desirable and suitable for the Weehaven Nursery School program. The report also notes that 100% of the capital cost will be paid by the Government of Ontario and recommends that the City Manager be authorized to negotiate with the Board of Education on behalf of the Greater Niagara Association for the Mentally Retarded, to acquire the Bellehaven School property. Report # 566 - City Manager - Re: BellehaVen School. Advising that the Ministry of Community and Social Services has approved the proposal in principle and that the Association may purchase the property directly from the Niagara South Board of Education for an amount of $17,000. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and filed. " SIDEWALK ON DORCHESTER ROAD - R.W.RICKARD Report #567 - City Manager - Re: Sidewalk on Dorchester Road (R.W.Rickard). Referring to previous discussions regarding the necessity of acquiring a 10' strip of land along the east side of Dorchester Road for 75' north of Pettit Avenue to accommodate the construction of a section of sidewalk, thereby com- pleting the sidewalk constructed in the general area; advising that the Region has reiterated its position that it will only pay 50% of the property costs required for road widening snd recoz~nending that the City accept the Region'a position on this matter. The report also recommends that the sidewalk be constructed across the frontage of Mr. Rickard's property with the owner paying 60% of the cost and the City 40% in accordance with the Local Improvement Act; suggesting that Mr. Rickard be requested to authorize the Municipality to construct the. sidewalk in the area required for land acquisition and the City agree to the payment of one-half of the land acquisition costs; advising that the Region will be negotiating the price to be paid for the land and the suggested procedure would permit the sidewalk to be constructed this year. ORDERED on the motion of Alderman Puttick, seconded by Alderman Christensen that the report be received and adopted. COMMUNICATIONS No. 122 - Association of Municipalities of Ontario - Re: Bell Cansda's applica- tions "A" and "B" before the Talecommunication Committee of t~e Canadian Transport Commission - providing a summary of the decisions on the applications.Requesting the Municipality's endorsation of two resolutions - (a) asking the Provincial Goverr~mnt to expedite the development of a more sensitive system for the regu- lation of Bell Canada in Ontario to more adequately protect the public interests in the provision of telephone services and in the full operations of the Bell Canada Corporation and (b) requestingmsn~)er municipalities to contribute st the rate of 1¢ per capita in order to retire costs incurred hy the Association amounting to $25,851.45. It was pointed out that the Region has accepted responsibility of the 1¢ per capita costs and the City need only deal with the first resolution. Alderman Puttick suggested the possibility of the Association ending up with a surplus as a result of the per capita charge and requested thst Council be msde aware of the actual amount contributed to the A.M.O. by participating municipali- ties. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the comunication be received and Resolution "A" be endorsed by Council. REPORTS ' No.568 - Planning and Development C~.lttee -'Re:AM-40/74 City of Niagara Falls, -Part Lot 114, north side Valley Way. Rec~ms~ending spprovsl of the application subject to conditions deemed necessary by staff and.other agencies and that Council certify, by resolution that the spplication conforms to Official Plan Amendment No. 28 of the Niagara Falls Plannin8 Area. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.142 - 3 - Reports (Contd.) No. 569 - City Manager - Re: Ascot Woods Subdivision. Recommending that permission be granted to the subdivider of Ascot Woods to stockpile fill material within the fenced area of the temporary retention pond and, further, that the City Solicitor be instructed to prepare an addendum to the Subdividers Agreement covering three conditions enumerated in the report for execution by the subdivider. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 570 - City Manager - Re: Consent Application B-433(74) - McLeod Road. Advising that the Land Division Committee approved the severance subject to a condition that suitable easements and/or blocks of land be deeded to the Munici- pality to accommodate any facilities required for subdivision development to the north; suggesting an agreement be entered into with the developer to provide for a 45' strip of land along the westerly limit of the severance being deeded to the City; that the City agree to accept the conveyance of the remaining 2.13 acres of land on account of park lands for the Westwood Village Extension #2 Subdivision prior to the plan being registered and that the City agree to accept cash for the deficiency of 0.47 acres of parkland required for the Westwood Village Extension #2 Subdivision in accordatme with the Declaration of Policy for Subdivision Development; reconnending that the agreement be approved and the required by-law passed by Council. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted. See By-law No. 74-232 NO. 571 - City Manager - Re: Capacity of Sewage Treatment Plant and restriction of development. Suggesting the importance of s development strategy and a proce- dure for dealing with development proposals in the Shriner's Creek area; recommending that the Planning and Development Committee, in discussion with staff and other groups affected, recommend a development strategy to Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Wallace that the report be received and referred to the 1975-76 Council for consideration. The motion Carried with Alderman Schisler voting contrary and all others in favour. No. 572 - City Manager - Re: Site Plan Approval, Proposed Animal Hospital, Morrison Street AM 16-73. Advising that the site plan has been reviewed and accepted by the Site Plan Technical Committee and conforms with zoning by-laws; recommending approval of the site plan as submitted. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 573 - City Manager - Re: W.P.446-65-01. Queen Elizabeth Way, Black Creek Road Interchange and Town Line Road Extn., District 4, Hamilton - Morningstar Road. Advising that it is the intention of the Ministry of Transportation and Communications to close a section of Morningstar Road immediately adjacent to the Niagara River Parkway and realign the roadway to a proposed Town Line Road Extension and to do so it will be necessary to close approximately 425' of the existing Morningstar Road; suggesting that Council pass a resolution approving four points requested in a letter from N. Sen, Project Design Engineer for the M.T.C. ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeaton that the report be received and adopted. See Resolution No. 143 No. 574 - City Manager - Re: Regional Road #70 (Beechwood Road) Including CN Overpass, Regional File E.04.70,402. Advising that it is the Region's intention to realign Beechwood Road as indicated on a sketch attached to the report. Recommending (1) that the Region be advised that the City of Niagara Falls has no interest in Parts 1 and 2 as shown on an attached plan and (2) that appropriate steps be taken by the City to close up that section of Warnet Road west of the existing Beechwood Road alignment so that the land can be transferred to Mr. David Nixon. ORDERED on the motion of Alderman Thomson, seconded by AldernumSchisler that the report be received and adopted. -4- Reports (Cont'd) No. 575 - City Manager - Re: C.N.R. Pipe Crossing Agreement for a Proposed 42" Diameter Storm Sewer in connection with Tureski Subdivis ion. Advising that the storm drainage from the subdivision will outlet into Hawkins Creek and will involve the construction of a storm sewer crossing under C.N.R. tracks; advising also that the pipe crossing agreement from C.N.R. contains standard conditions as required by the Railway Transport Committee; recommending that the pipe crossing agreement be executed by Mayor Bukator and the City Clerk. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera that the .report be received and adopted. See By-law No. 74- 233 No. 576 - City Manager - Re: Proposed Sanitary Sewer on Dorchester Road southerly of Oldfield Road. Advising that Regional Niagara has indicated they have no objections to the proposed sanitary sewer subject to certain requirements enumerated in the report; advising that the Region has requested that City Council, by resolution, agree to the assumption of the sanitary trunk by the Regional Municipality of Niagara upon completion of construction; recommending that the City Council advise Regional Niagara, by resolution, that the City will have no objections to the Region assuming the proposed sanitary sewer on Dorchester Road southerly of Oldfield Road upon its completion. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that the report be received and adopted. See Resolution No. 144 No. 577 - City Manager - Re: Parking on Summer Street. Recommending that parking be prohibited at 811 times from the south side of S,,mmer Street from Drummond Road 130' easterly. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 578 - City Manager - Re: Heavy Trucks on Huggins Street. Recommending that the by-law appearing later on the agenda be passed to prohibit heavy trucks on Huggins Street as well aa Winderemere Road, Camrose Street and Lapp Street. ORDERED on the motion of Alderman Christensen, aeconded by Alderma-n Hunt that the report be received and adopted. See By-law No. 74-237 No. 579 - City Manager - Re: 1974 Winter Capital Projects Fund. Referring to the City's applications for three projects under the program and advising that the federal government has approved one project which will allow a forgiveable loan up to $13,700. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and filed. No. 580 - Chairman, Recreation Commission - Re: Report on 1974 S,,mmer Niagara Falls Swimming and Water Safety Program. Advising that 18 recommendations were presented to the new Advisory Board for the 1975 summer program. Each organiza- tion is being contacted by the Recreation Commiaaion to appoint a representative and begin meeting as soon as possible to plan the program, establish a budget and acquire top superviaory staff necessary to operate the program. Rec~nding that the City correspond with the representative bodies on the Niagara Falls Swim~ and Water Safety Program Advisory Board indicating the appreniation of the citizens for the operation of an extremely sueceaaful program. ORDERED on the motion of Alderman Mann, eeconded by Alderman Thomson that the report be received and adopted. No. 581 - City Manager - Re: Agreement with Canadian British Engineering Consultants Ltd. for the design and supervision. of construction of a pumping station and forcemain for the City landfill site. Recc-.K.~oding approval of the agresment by-law. ORDERED on the motion of Alderman Hunt, seconded by Alderman PuttieR that the report be received and adopted. See Resolution No. 146 See By-law No.74-241 No. 582 - City Manager - Re: Tender on Pompfag Station, Landfill Site. Recommend- ing that E.Damore and Son Ltd. be awarded the contract in the amount of $5,510.00 for installation of the pumping station at the City Landfill Site. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. See Resolution No.147 - 5 - Reports (Cont'd) No. 583 - City Manager - Re: Tenders for Local Improvement Works Contracts L.I. 31-74 and L.I.33-74. Recommending that the unit prices submitted by the lowest tendeter, Damore Bros. Limited, for Contracts L.I.31-74 and L.I.33-74 be accepted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Christensen that the report be received and adopted. See Resolution No. 148 No. 584 - City Manager - Building Permits issued dur{ng the month of October,1974. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and filed. No. 585 - City Clerk - Advisory Report. The report recommends the proclamation of Safe Driving Week as requested by the Canada Safety Council; provides infor- mation regarding the annual Drummond Hill Presbyterian Church "Holly Mart' and includes a letter of appreciation from the St.John Ambulance, Ontario Council. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and filed. No. 586 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted and licences granted. No. 587 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and filed. RESOLUTIONS No. 14 9 - CHRISTENSEN - HUNT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of the Corpora- tion of the City of Niagara Falls for Part Lot 114, situated north of Valley Way, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended, and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 150 - HUNT - SMEATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby approves (a) the proposed assumption by the Ministry of Transportation and Communications of a short section of Morningstar Road from Niagara Parkway westerly to a distance of 425 feet approximately; (b) the proposed realignment by the Ministry of Transportation and Communica- tions of Morningstar Road to connect it to the Ministry's proposed Townline Road Extension; (c) the takeaver by the City of Niagara Falls of the portion of reconstructed section of Morningstar Road (that is presently under City jurisdiction jointly with the Town of Fort Erie) upon completion of its con- struction by the Ministry and (d)approval of the Ministry's proposal to close Morningstar Road at Niagara Parkway; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 151 -SCHISLER - THOMSON - RESOLVED that WHEREAS the City of Niagara Falls intends to construct a 33" diameter sanitary sewer on Dorchester Road southerly of Oldfield Road; NOW THEREFORE BE IT RESOLVED that, upon completion of the said sanitary sewer, the Regional Municipality of Niagara be requested to assume responsibility of the sanitary trunk line as part of the Regional sanitary sewer system; AND the Seal of the Corporation be hereto affixed. Carried Unanimously -6- Resolutions (Contd) '- No. 152 - SCHISLER - MANN - RESOLVED that the Municipality of the City of Niagara Falls petition the Department of Transportation and Conununications for interim payment under The Public Transportation and Highway Improvement Act on expenditures made during the period January 1, 1974 to October 31, 1974 for construction and maintenance of roads, bridges and culverts in the total amount of $1,674,668.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 153 ' HUNT - PUTTICK - RESOLVED that the Council of the City of Niagara Falls approve the signing of an agreement with Canadian British Engineering Consultants Ltd. for the design and supervision of construction of a pumping station and force main for the City Landfill Site; AND the Seal of the Corporation Re ~ereto affixed~ Carried Unanimously No. 154 - MANN - SCHISLER - RESOLVED that the contract for the installation of a pumping station at the City Landfill Site in the amount of $5,510.00 be awarded to E.Damore and Son Ltd.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 155 - THOMSON - CHRISTENSEN - RESOLVED that the tender submitted by Damore Bros. Limited for Local Improvement Works Contracts L.I.31-74 and L.I.33-74 be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 156 - THOMSON - KEIGHAN - 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 in Twp. Lots 26 and 35 located on the west side of Dorchester Road, south of Mounts in Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 157 - THOMSON - SMEATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Bambi Developments for the rezoning of property located in part of Twp. Lots 148 and 157 on the south side of Lundy's Lane between Montrose Road and the Queen Elizabeth Way, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 158 - HUNT - FERA - RESOLVED that WHEREAS, an application has been submitted to the Ontario Energy Board by the Consumers' Gas Company for Orders approving rates to be charged by the Company for the sale of gas; AND WHEREAS the proposed rates indicate a possible inequity in the manner in which increases incurred by the Company will be levied against consumers; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports the brief submitted to the Ontario Energy Board by The Corporation of the City of Welland and authorizes Counsel for the City of Welland to use this City's endorsation in any future hearings before the Board on this matter; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-lAWS No. 74-106 - A By-law to authorize the construction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. (The By-law was read a first and second t~m~ on June 10, 1974) THIRD READING - Alderman Nann and Aideman Hunt. Carried Unanimously - 7- By-laws (Cant'd) ORDERED on the motion of Alderman Hunt, seconded by Aiderman Keighan that leave be granted to introduce the following by-laws and the by-laws be given a first reading: NO. 74-230 - A By-law to amend By-law No. 2530,1960 of the former Township of Stamford, as amended. (Valley View Subdivision) No. 74-23I - 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. (Mount Forest Subdivision) No. 74-232 - A By-law to authorize the execution of an agreement with Klydel Holdings, Inc. No. 74-233 - A By-law to authorize the execution of a pipe crossing agreement with Canadian National Railway Company. No. 74-234 - A By-law to authorize an agreement with Her Majesty The Queen in Right of Ontario represented by the Minister of Housing. No. 74-235 - A By-law to stop up and close and to authorize the selling of part of Branchard Road. No. 74-236 - A By-law to amend By-law No. 7531, being a By-law to provide for the erection of Stop Signs at Intersections. (Glengate & Pettit Ave.) No. 74-237 - 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 Falls. (Hugging St., Windermere Road, Lapp Street, Camrose Ave.) No. 74-238 - A By-law to amend By-law No. 3790, being a By-law for the regula- tion of traffic. (Portage Road - Fredrica Street) No. 74-239 - A By-law to authorize the execution of an agreement with Damore Brag. Ltd. for the construction of asphalt pavements and other works as local improvements. No. 74-240 - A By-law to authorize the execution of an agreement with Damore Brag. Ltd. for the construction of certain local improvement works. No. 74-241 - A By-law to authorize an agreement with Canadian-British Engineering Consultants (1971) Limited for engineering services. No. 74-242 - A By-law to provide monies for general purposes. Carried Unanimousix ORDERED on the motion of Alderman Hunt, seconded by Alderman Manu that the following By-laws be now read a second and third time: No. 74'230 - A By-law to amend By-law No. 2530,1960 of the former Township of Stamford, as amended. (VALLEY VIEW SUBDIVISION) No. 74-231 - 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. (Mount Forest Subdivision) No. 74-232 - A By-law to authorize the execution of an agreement with Klydel Holdings,Inc. No. 74-233 - A By-law to authorize the execution of a pipe crossing agreement with Canadian National Railway. No. 74-234 - A By-law to authorize an agreement with Her Majesty the Queen in Right of Ontario represented by the Minister of Housing. - 8- By-laws (Coni'd) No. 74-235 - A By-law to stop up and close and to authorize the selling of part of Branchard Road. No. 74-236 - A By-law to amend By-law No. 7531, being a By-law to provide for the erection of Stop Signs at Intersections (Glengate & Pettit Ave.) No. 74-237 - 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 Falls. (Huggins St., Winderemer Road,Lapp Street, Camrose Avenue) No. 74-238 -.,,A By-law to amend By-law No. 3790, being a b~law for the regulation ,. ,, , ,o~ ~alffic~ Xpor~age Road - Fredflea Street ) No. 74-239 - A By-law to authorize the execution of an agreement with Damore Bros. Ltd. for the construction of asphalt pavements and other works as local in~rovements. No. 74-240 - A By-law to authorize the execution of an agreement with Damore Bros.Ltd. for the construction of certain local improvement works. No. 74-241 - A By-law to authorize an agreement with Canadian-British Engineering Consultants (1971) Limited for engineering services. No. 74-242 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS PARKING - STANLEY AVE. - FERRY ST. AREA Alderman Thomson commented on a proposal to relocate a bes zone and remove parking spaces in the vicinity of the Capri Restaurant. The Alderman was critical of the fact that the proposal had been referred to the Transit Commisssion for a decision rather than to the Parking Committee or Council. In view of the concern of businessmen in the area regarding traffic congestion, Alderman Thomson suggested the bus zone could be relocated about 150' westerly near the Hydro field, a location which would not ~versely affect parking or .traffic in the Stanley Ave.-Ferry St. area. It was moved by Alderman Thomson, seconded by Aldermen Walker that the matter be referred to the Parking Committee for cons ideration and recommen- dations. The motion Carried unanimously. SITE OF FORMER PROSPECT HOTEL Alderman Smeaton enquired as to what action was being taken to clear the s its of the former Prospect Hotel which had been gutted by fire . AM erman Thomson stated that redevelopmeat of the property had been delayed pending approval of a government mortgage a decision on which is expected this week. Aldermen Puttick suggested that the Planning Administrator, who acts as secretary for the South End Heard of .Management report verbally to Council on the matter at the next meeting. AppOINTMENTS Aldermen Wallace noted that Council generally appoints elected representatives and non-political members to various boards, commissions sad c~lttees at the first meeting in a new year. He expressed the opinion that in previous years Council has had very little information as to local res idents who my be i~terested in serving on a particular connittee. He suggested that information should be available as to the names of private citizens who indicate an interest in being appointed to cuum,ittees as well as those incumbents willing to serve for an additional term. Aldermen Wallace said Council would then have s choice of a number of prospective-appointees while at the same time greater citizen participation in City affairs would be encouraged. It was moved by Alderman Wallace, seconded by Alderman HarriSan that once a week during the month of December 1974, an advertisement be placed in the Review notifying the public that appointmats are to be made to various boards, conmmissions and coe~nittees and requesting citizens interested in serving in this capacity to contact the City Clerk. The motion Cerri.e~ unanimously. 9. m m - 9- New Business (Coat'd) Alderman Wallace also noted that Council representation on committees varied from one to five members and there may be ins tances of over-representa- tion or inadequate Council representation. It was moved by Alderman Wallace, seconded by Alderman Harrigan that City Staff review the complete list of appointments and a report be submitted at the first meeting of the 1975 Council regarding suggested changes and recom- mendations with respect to the number of sldermanic representatives on certa in committees which might be desirable. The motion Carried unanimously. Alderman Harrigan suggested the report also include information regarding City grants to the organizations to which Aldermen are appointed to indicate the importance of Council representation on such boards. Alderman Hunt suggested that consideration should be given to reimbursing Aldermen who must travel considerable distance to attend meetings as Council representatives. BRIAN CRESCENT Alderman Puttick noted that curbs have been installed on Brian Crescent and requested the City Engineer to investigate the muddy condition in the area. SCHOOL CROSSING GUARD Alderman Puttick suggested that consideration be given to placing a school crossing guard in the vicinity of the Mary Ward School on Dorchester Road. CHAMPIONSHIP BASEBALL TEAMS Alderman Puttick reported that the City was being criticized for not showing proper recognition to two local championship baseball teams. Mayor Bukator assured the Alderman that the teams would receive suitable recognition by the City. "MEET THE CANDIDATES" Alderman Keighan enquired whether consideration had been given to a City-sponsored '~eet the Candidates" night similar to that held at the Union Centre prior to the last election. The matter was referred to the City Clerk. LIGHTING AT NIAGARA SOUTH ARENA Alderman Christensen enquired if lights would be installed at the entrance to the new arena in Chippaws. Mayor Bukator reported that three lights have been installed and three more will be erected. TRAFFIC LIGHTS - FREDRICA ST. AT DRUMMOND ROAD Alderman Puttick enquired when the Region will install traffic lights at the intersection of Fredflea Street and Drummond Road. An earlier letter had been received from the Region indicating that temporary lights would be erected. The City Engineer confirmed that wiring had bean provided and it is expected the installation would be completed in the very near future. BUS STOP - VICTORIA AVE. AT CLIFTON HILL It was moved by Alderman Puttick, seconded by Aldermen Hunt that City 8tuff investigate the dangernus situation at t~ bus stop located on Victoria Ave. at Clifton Hill and report to Council. The motion Csrr. ie.d unanimously. PRICE INCREASES Alderman Keighan presented a brief resume on the results of a resolu- tion passed by Council regarding price manipulation. Confirmation has been received from the Hon. J. T. Clement together with information regarding a study presently underway in respect to price increases. As an example of the information contained in the report, Alderman Keighsn cited sn instance where a company selling grain and feed for poultry and livestock had realized a net profit of more than 13 million dollars within s one year period. The study was referred to the City Clerk in order that it might be availshie to any member of Council who may be interested in examining its contents. - lO - ADJ OURNNENT The meeting adjourned on the motion of Alderman Walker, seconded by Aldermen Smeaton. READ AND ADOPTED, .- Mayor THIRTY-SIXTH ~ETING Con~nittee Rooms 2 & 3 November 1S, 1974. SPECIAL MEETING Following a Council Cor~ittee meeting held Monday, November 18, 1974, at 7:30 pom., Council reconvened in formal Council session on the motion of Alderman Walker, seconded by Alderman Hunt. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present. CO~fUNICATION No. 124 - Don Rado Properties Inc. - Purchase Agreement Lot 47, Plan 243 In a letter dated November 15th, 1974, Mr. Everett Langendoen of Don Rado Properties requested an extension to a Purchase Agreement dated September 26th, 1973. In support of his request, Mr. Langendoen spoke to Council, outlining the difficulties facing his firm, particularly with respect to the availability of financing. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton, that the conununication be received and the Purchase Agreement re Lot 47, Plan 243, (Falls Industrial Park) be extended to June 30th, 1975. REPORTS No. 589 - City Manager - A report was submitted by the City Manager recommending that proprietors of Hilltop Cabins Limited be permitted to enter into an agree- ment to pay cash in lieu of providing parking spaces for a proposed addition to their Clifton Hill property. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton, that the City Solicitor be authorized to prepare the necessary by-law and agreement to enable the owner of Hilltop Cabins Limited to make a payment of cash to the City in lieu of providing parking spaces required in conjunction with an addition to their Clifton Hill property. No. 590 - Mayor Bukator - Re: Proposed new Police Building, recommending the following action be taken: (a)That the City Solicitor be authorized to prepare, in co-operation with the Regional Solicitor, a draft agreement between the City of Niagara Falls and the Regional Municipality of Niagara which will provide for a conveyance by the City tn the. Region of the land on which the Regionis to erect the proposed police building. (b)The agreement is to provide that, in exchange for the conveyance of the site for the proposed police building, the Region is to convey to the City the site of the present police building, located at the intersection of Park Street and Zimmerman Avenue. (c)A draft agreement, as prepared by and agreed upon between the Regional Solicitor and the City Solicitor, will be submitted to the City Council for endorsation and execution. (d)In order to prepare the necessary legal description to use in the agreement and deed, it will be necessary to have a survey prepared describing the lands to be allocated by the City for the proposed police building, and to have the surveyors establish the western limit of Elizabeth Place. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton, that the report of the Mayor be received and the reconmmndations adopted. !o.591 - City Manager - Re designation of the Drur~nond South and Lyons Creek Parkway as two Neighbourhood Improvement Areas under the 1975 Neighbourhood Improvement Programme. ORDERED on the metion of Alderman Walker, seconded by Aldermen Smeaton, that the report be received and adopted. See Resolution No. 152. -2 -- LIONS CLUB PROPOSED RECREATIONAL FACILITIES A verbal report was presented by Mr. Jack Sheppit of the Lions Club requesting approval of a site plan for the development of recreational facilities at the Lions Club property on Drummond Road adjacent to the Dr. Fingland Day Care Centre. ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton, that Council approve the plan in principle and that an investigation be made into the costs involved in covering the proposed swimming pool for year-round use. RESOLUTION No. 159 - HUNT-WALKER - RESOLVED that the City of Niagara Falls submit an appli- cation to the Honourable Donald R. Irvine, ~cting Minister of Housing, for the approval of the areas shown shaded in red on the plan attached hereto and desig- nated as Drummond South Area and Lyons Creek Parkway Area, as Neighbourhood Improvement Areas for the purposes of the 1975 Neighbourhood Improvement Pro- gramme; AND the Seal of the Corporation be hereto affixed. NEW BUSINESS LIGHTING OF OVERPASS AT SODOM ROAD AND QUEEN ELIZABETH WAY Alderman Hunt reported he had received a complaint from Mrs. Fred Brunntng with respect to lighting on the overpass at the Sodom Road and the Queen Elizabeth Way. The City Engineer observed that this item had been discussed on previous occasions and the Ministry was aware of the situation. It was suggested that the M.T.C. be again apprised of the situation at the subject intersection. FACILITIES FOR SPECTATORS AT JACK BELL ARENA Alderman Thomson asked if an investigation could be carried out to determine if it is feasible to use the second floor at the Jack Bell Memorial Arena for accom- modating spectators. He indicated that at the present time access to the area over the dressing rooms is prohibited. He also inquired whether bicycle racks could be provided at the Niagara South Recreation Centre. EDITORIAL IN "ONTARIO ARENAS ASSOCIATION" MAGAZINE. The City Clerk read a foll~w-up to a previous editorial appearing in the Ontario Arenas Association magazine, denying responsibility for the omission of facts to go along with a picture of the Niagara Falls Arena on the cover of a recent issue. Following considerable discussion, it was moved by Alderman Puttick, seconded by Alderman Walker that Norman Tugtin, Manager of the Arena, be requested to bring in a full'report to Council in Counittee of the Whole at the ne~t scheduled meeting. FLORAL TRIBUTE TO REVEREND MAX WEISSBACH Alderman Harrigan suggested that Council send an appropriate floral tribute to the family of the late Reverend Max Weissbach. Council concurred. A massage of con- dolence on behalf of the City Council will also be forwarded to the family of the late Reverend Weissbach, a highly respected resident of the Municipali~yo JULES VE~'PARK -PROPOSED TOURIST ATTRACTION Alderman Keighan wished to go on record as taking exception to concurs of Regional Councillor John Graaekamp at a recent Regional Council meeting, when Mr. Graaskamp inferred that this City Council was deliberately passing something through on the Jules Verne Project. Alderman Keighan stated that this is not true and the matter was dealt with at the Planning & Davelopment Cou~ittee Meeting and tabled for several reasons. The meeting adjourned at 9:40 p.m. on the motion of Alderman Walker, seconded by Alderman Keighan. · ~&AA~ ,, MAYOR THIRTY-SEVENTH MEETING Council Chambers, November 25, 1974. REGULAR MEETING Council met on Monday, November 25, 1974, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of AldermmChristensen. His Worship Mayor George Bukator presided as Chairman. Alderman Thomson offered the Opening Prayer. WELCONE His Worship Mayor Bukator welcomed members of the 22nd Niagara Scout Troop and their leader Jack Carterail, who were in the Council Chambers as onlookers. PRESENTATION On behalf of the National Fire Protection Association, Fire Marshall George Alexander presented a Certificate of Merit to Mayor Bukator for the City's out- standing activities in fire prevention. The Fire Marshall was presented with ae engraved copy of the Niagara Falls Fire Department's Training blanual by Fire Chief Stan Thomson. DEPUTATION NIAGARA SQUARE Mr. Ron Routledge was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Hunt. As spokesman for the developers of Niagara Square, Mr.Routledge provided a progress report and film presentation indicating the site and general design of the plaza, the location of department stores, other retail tenants, mall entrances, parking areas and truck courts. He advised that the Board of Directors of a major department store has approved the Niagara Square proposal and a formal announcement will be made when the agreement has been signed. It is expected an agreement with a second department store will be finalized before year end. Dominion Stores, who have completed leasing arrangements with Niagara Square, also operate Bittner's Delicatesash, Safeguard Drugs and gas bar services and have first right to these facilities in the plaza. Professional firms have been engaged for the supervision, design and installation of services, design of the mall as well as leasing. The local architectural firm of Don Chapman Assoc lares will pre- pare the necessary working drawings and marketing presentations. The plans of the Ministry of Transportation and Communications for the construction of the McLeod Road cloverleaf have been finalized and it has been confirmed that con- struction will be completed in April 1976. Construction of the mall will commence in the spring of 1975. The developers are now the registered owners of additional lands to the west of property ironring on McLeod Road acquired for access to the campground facilities. Mr. Routledge indicated there is a possibility these lands will require a change in zoning. Mr. Routledge suggested that the subdivision agreement is most complex requiring the participation of the Region, the Municipality and the M.T.C. In view of the extenuating circumstances, he requested Council to approve an extension for the preparation of the agreement in accordance with the criteria in effect prior to the City's recently adopted Declaration of Policy for Subdivisions. It was moved by Alderman Keighsn, seconded by Alderman Harrigan that the developers of Niagara Square be granted an extension to February 28, 1975 for the purposes of preparing the subdividers' agreement between the City of Niagara Falls and the developers of the Niagara Square Shopping Centre in accordance with the policy in effect prior to November 25, 1974. The motion Carried unanimously. UNFINISHED BUSINESS GREATER NIAGARA SOFTBALL ASSOCIATION Report ~ 592 - R.J.Perkin,Chairman,Recreation Commission - Suggesting that City Council authorize the Recreation Commission, in conjunction with City staff, to develop a set of guidelines for the control and operation of any organization which either receives a grant or has the use of City-operated facilities; such guidelines to be presented to the City Council for final approval. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received'and adopted. . .... 2. - 2- Greater Niagara Softball Assoc. (Cont'd) Report #593 - Recreation Commission - Submitting information regarding the dis- cussion at the Recreation Commission meeting with representatives of the Greater Niagara Softball Association; submitting the financial statements of the Associa- tion for the years 1973 and 1974 and a copy of a letter received from Mr.McCarthy, Manager, Cavefly Dugout Fastball Team. It was moved by Alderman Wallace, seconded by Alderman Keighan that Messrs Wm. McCarthy, T. Pasco and L. Burger be granted permission to address Council. The motion Carried with the following vote: AYE: Aldermen Fera,Keighan,Smeaton,puttick,Schisler,Walker,Thomson,Wallace' NA"~E:Aldermen Mann, Hunt and Harrigan. Mr. Burger said he had no comment to make other than to advise that the Greater Niagara Softball Association had met with and submitted a report to the Recreation Conmission as requested. Mr.Wm. McCarthy said that although there was nothing in writing, there was a gentleman's agreement that the Caverly Fastball Team was jointly sponsored by the Cavefly Hotel and the Greater Niagara Softball Association. He stated that the Association has donated half the amount contributed by the hotel. He questioned the G.N.S.A. statements of revenue and expenditures as well as the gate and beer tent receipts from the Labatt's Tournament. Mr. McCarthy raised many questions about the information contained in the report submitted by the Recreation Commission and asked that the financial statements of the G.N.S.A. be audited. Mr.McCarthy confirmed that the baseball team requires $432.16 to be clear of debt. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Wallace that the report of the Recreation Conmission and Mr. McCarthy's comments be referred back to the ~it~:~Staff for a further report. The motion Carried unanimously. Alderman Wallace suggested that in order to avoid future problems, the report include suggested methods of accounting for funds received so all parties will be satisfied. FORMER LOBlAW STORE - DUNNST. AT DRUMMOND ROAD Comm.#118 - DruEmond Sport &Marine and CoumL~ll9 - Stamford Electronic~ Ltd. Comments re: neglected condition of the vacant Loblaw store on Dunn Street at Drummond Road. (The matter was referred to the City Manager for a report with a suggestion that information be included regarding a Commercial Properties By-law) Report #594 - City Manager - Advising that during preparation of the property standards by-law for residential properties, consideration was given to a similar by-law for commercial properties; recommending that the matter be set aside for at least six months while the City undertakesthe enforcement of/the recently- passed property standards by-law for residential properties. ORDERED on the motion of Alderman Hunt, seconded by Alderman Harrigan that the report be received and referred to the 1975 Council and re-introduced in six months time. Report #595 - City Manager - Re: Vacant Loblaws Store - Dunn Street. Advising that Canada Trust has verified that a local firm has been hired to provide con- tinning maintenance of the former Loblaw 8tore. CI~DEI~D on the motion of Alderman Hunts seconded by Alderman Smeaton that the report be received and filed. NOTE: Alderman Fera retired from the Council Chambers. COMMUNICATIONS · No. 125 - Niagara Helicopters Limited - Re: Noise Pollution. Advising of the company~e attempts to reduce the noise penetration by means of the installation of a new aircraft muffler; relocation of student training facilities and changes in flying patterns to allow for a more northerly approach to the City.Requesting an opportunity to demonstrate the new aircraft muffler to the members of Council. Aldermen !larrigan and Smeaton indicated an interest in the demonstration and Alderman Puttick suggested that those persons complaining about the noise of the helicopters should also be invited to view the new installation. ORDERED on the motion of AldermanThomson, seconded by Alderman Walker that the communication be. received and filed. - 3 - Communications (Cont'd) No. 126 - Lundy's Lane Historical Society - An invitation to the organization's annual dinner, Saturday, November 30,1974,7:30 p.m.,Sheraton Brock Hotel. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the communi- cation be received and filed and as many members of Council as possible accept the invitation. No. 127 - Ministry of Natural Resources - An invitation to attend a ceremony during which the Short Hills Provincial Park Master Plan will be presented to the Hon. Leo Bernier, November 27,1974. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the communica- tion be received and filed and as many members of Council as possible attend the event. No. 128 - Stamford Memorial Arena - Re: Concession at Stamford Memorial Arena. Advising that the Arena Board recommends that the agreement with Mr. Ralph Biamonte as concessionaire at the arena be continued and that the successor Board and City Council enter into a new agreement with Mr. Biamonte for subsequent years. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the communication be received and referred to the 1975 Council for consideration. REPORTS No. 596 - City Manager - Re: Tender Award for Contract SS-36-74 - Construction of a 33" Diameter Sanitary Sewer Main on Dorchester Road. Recommending (a)acceptance of the unit prices submitted by the low tenderer, Demote Brothers Limited, subject to receipt of approvals from the Ministry of the Environment and the Ontario Hydro; (b)a,further southerly extension of the trunk sanitary sewer main be undertaken in future to phase-in with the plant expansion of Chemacryl and that its cost be charged against funds under by-law 73-267. ORDERED on the motion of Alderman Hunt, seconded by AldermanThomson that the report be received and adopted. See Resolution No,160 No. 597 - City Manager - Re: Quotations for the Installation of a Sanitary Sewer to service the Cryslat Car Dealership Site on Montrose Road. Recommending that the unit prices submitted by the low bidder Ernie Damore & Sons Limited, be accepted. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the report be received and adopted. The motion Carried with Alderman Wallace declaring a conflict of interest and abstaining fromvoting. See Resolution No.161 No. 598 - City Manager - Re: Award for Contract GC 34-74 Dorchester Park Extension Subdivision. Recommending that the unit prices submitted by the low tendeter, H.J. Voth and Sons, Limited be accepted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.162 No. 599 -City Manager - Re: Tender Award for Contract GC 37-74 for Preliminary Services Installation at Parkway Gardens Subdivision (Harleyford Crescent]. The report recommends that the unit prices submitted by the low bidder, M.J.S~orm Ltd. be accepted. ORDERED on the motion of Alderman Walker, seconded by Alderman Hunt that the report be received and adopted. See Resolution ~.163 No. 600 - City Manager - Re: Tender Award for Contract GC 38-74 for the Recon- struction of Morrison Street from Victoria to Crysler and Nagar Avenue Reconstruc- tion from Dunn to Caledonia. The report recu,m~nds that the unit prices submitted by the 10w tendeter, D.L.Stephens Contracting Limited, be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report' be received and adopted. See Resolution No.164 No. 601 - City Manager - Re: Execution of C.N.R.Pipe Crossing Agreement for a 12" Sanitary Sewer and an 8" Watermain on Oarner Road in connection with the Distribu- tion Centre. Recommending execution of the agreement under the Corporate seal. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighan that the report be received and adopted. See By-law NO.74-~6~ -4- Reports (tout'd) No. 602 - City Manager - Re: Ontario Home Renewal Program (O.H.R.P.) Advis ing that the City's application for funds to participate in the program for the fiscal year 1974-75, has been approved in principle and a cheque in the amount of $49,085. representing an accountable advance will be forwarded and further advances will be made as supporting quarterly activity reports are submitted by the Municipality. The City's application in the amount of $196,338. was approved. The report advises that Mr. J. Milne has been hired as Property Standards Officer and will be responsible for the processing of applications for funds, inspections and other work in conjunction with the program; recommending the establishment of a Loan Review Committee comprised of the City Clerk and City Treasurer to review the material prepared by the Property Standards Officer and the Renewal Co-Ordinator and which will accompany all loans. ORDERED on the motion of Alderman Thomson, ~econded by Alderman Walker that the report be received and adopted. No. 603 - City Manager - Re: Site Plan Approval, Metro Bakery Parking Lot, Drummond Road AM-3/74 and proposed Restaurant and Apartment, Clark Street, AM-21/74. Reconnnending approval of the site plans as submitted. - ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. No. 604 - Recreation Commission - Re: Roller Skating. advising that the Cormmiss ion has discussed the opportunity for roller skating in Niagara Falls and the possi- bility of skating being provided at the Niagara South Recreation Centre during the period April to October. The report comments on the request for transporta- tion to a roller skating rink at Lincoln Centre, St. Catharines and recommends that Council authorize the Recreation Commission to acquire a bus from the Transit Conmission to initiate transportation for roller skaters to the Lincoln Centre on a trial basis for two Friday evenings, December 6th and December 13, 1974. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted; the bus routes and times be advertised and local schools be notified of the availability of the service. No. 605 - City Manager - Re: Sale of Lot 36, Falls Industrial Park, east side of Earl Thomas Avenue. Recommending that Council authorize the sale of the lot to Ground Aerial Maintenance Service at a total cost of $7,000 and advising that the issuance of a building permit will be subject to an approved s its plan for development of the property; recommending also that the City Solicitor be authorized to prepare the necessary documents. ORDERED on the motion of Alderman Walker, Seconded by Alderman Hunt that the report be received and adopted. See By-law No.74-252 No. 606 - City Manager - Re: Construction of Permanent Emergency Supply for the Niagara-on-the-Lake (former Township) Water System. Referring to the recommenda- tions contained in the Regional Public Works Department Report DE-2696 regarding (a) a by-law to assume existing watermains on Portage Road from Thorold Stone Road to St. Paul Avenue (12") and northerly on St. Paul Avenue to Mountain Road (12" and 8") and (b) a by-law to authorize the construction of an 8" diameter main on St. Paul Avenue from Mountain Road to a point approximately 2,500 lineal feet northerly to existing Niagara-on-the-Lake reservoir at a total estimated cost of $95,000 with the term of debenture being twenty years. The report recoupends that the City endorse the two reconznendations contained in the ,.Regional Report. His Worship Mayor Bukator reported that the Regional Council had authorized the Regional Solicitor to prepare a construction by-law for the con- - struction of a proposed 16-inch trunk watermain on Willoughby Drive and a 12-inch watermain on Wienbrenner to SodumRoad at a cost estimated at $250,000 over a 20-year debenture term. In view of the information provided by Mayor Bukstor, it was moved by Alderman Walker, seconded by Alderman Schisler that the report be received and filed and the Region notified that the City of Niagara Falls has no objections to the construction of an 8" main on St.Paul Ave. fromMountain Road to a point north of the Niagara-on-the-Lake reservoir as described in Report DE-2696 sub- mitted by the Regional Niagara Public Works Departmant. The motion Carried. unanimo~sly. -5- Reports (tout'd) No. 607 - City Clerk - Re: Rezoning application of Empire Motel Ltd. for property located at the north-westerly corner of Centre St. and Ellen Avenue to permit the erection of additions to two existing buildings for the purposes of a motel with or without a restaurant and retail store; advising that as a result of the usual notification procedure, two letters of objection were received. The City Clerk advised of the possibility that the objections will be with- drawn. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be deleted from the agerids. No. 608 - City Manager - Re: Parking Lot on Park Street between St.Clair Avenue and Ontario Avenue. Recommending that a by-law appearing later on the agenda to authorize the acquiring, establishing, laying out and improving certain lands on Park Street for the purpose of parking vehicles be given two readings by Cnuncil; reconmending further that the City Manager be authorized to obtain an option on required property at appraised value. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See By-law No.74-262 No. 609 - City Manager - Re: Parking Lot at the South End at the rear of proper- ties on the north-east corner of Main St. and Ferry St.; referring to a by-law appearing later on the agenda to authorize the acquiring, establishing and laying out and improving of lands for the parking of vehicles in the south end commercial area; recordhanding that the by-law for the parking lot be given two readings and the City Manager be authorized to continue negotiations for property acquisition. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schialer that the report be received and adopted. See By-law No.74-263 No. 610 - City Manager - Re: Lighting at Oakes Park. Reco~nending that the firm of White, Mossop & Erling be retained by the City for the preparation of plans and specifications and the supervision of contractors' work for the ill~nination of the soccer field at Oaks, Park. ORDERED on the motion of Alderman Walker, seconded by Alderman Thomson that the report be received and adopted. -No. 611 - City Manager - Re: Parking Prohibitions. Recommending that parking be prohibited at all times from both sides of Kalar Road from Lundy's Lane to Beaverdams Road; from the south side of Murray Street from Orchard Avenue 100' westerly and from the north side of Park Street £rom Victoria Avenue 100' easterly and from the south side of Park Street from Victoria Avenue to Cryslat Avenue. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 612 - City Manager - Re: Shelter for Crowland Park. Recommending that the quoted amount of $3,080. submitted by Domtrec Limited for the supply of a park shelter at Cr~land Park be accepted. ORDERED on the motion of Alderman Walker, seconded by Alderman Schisler that the report be received and adopted. See Resolution No.165 No. 613 - City Manager - Re: Shrinerws Creed W-5-3 Watercourse - Butts' Property on Kalar Road. Advising that the property owners requested that the property requirements for. the Shriner's Creek W-5-3 watercourse be reduced, as shown on a sketch attached to the report, to permit the owner to maintain sufficient frontage on Kalar Road for two future 75-foot building lots. The solicitor for Mr. & Mrs. Butts was advised by staff that the property reduction could be accea~odated but in view of the Environmental Impact Study for the Shriner's Creek project, the City is not in a position to make an offer for the necessary land. The applicants are prepared to leave the offer open for acceptance by the City until December 31,1974. The report recvu~iends that in view of the impendin~ preliminary engineering and enviromnental impact study for the Shriner's Creek watershed, property acquisition for the Shriner's Creek W-5-3 watercourse be deferred· ORDERED on the motion of Alderman Hunts seconded by Alderman Smeaton that the report be received and adopted, Note|AldermanHarrigan retired from the Council Chambers. s's -6- Reports (tout'd) No. 614 - City Manager - Re: Construction procedure in Subdivision Development ORDERED on the motion of Alderman Schisler, seconded by Alderman Runt that the advisory report be received and filed. No. 615 - City Manager - Re: Thorold Stone Road Storm Sewer. Advising that the Ontario Municipal Board has approved a by-law to authorize the Region's contribu- tion toward the cost of the sewer and Hessrs. Spironello and Iseppon have executed an agreement providing for~ their contribution of $35,000. Subject to the sub- division agreement for the Hunroe Subdivision being executed and initial costs paid by November 25th, the report reconnends the by-laws to authorize the execu- tion of that agreement and the agreement with Spironello and Iseppon be passed by Council. ORDERED on the motion of Alderman Runt, secofided by Alderman Mann that the report be received and adopted. The motion Carried Keighan declaring a conflict of interest and abstaining from voting. See By-laws Nos. 74-246 and 74-247 No. 616 - City Clerk - Reconmnending approval of Municipal Licences. ORDERED on the motion of Aldernmn Walker, seconded by Alderman Hunt, that the report be received and adopted and licences granted. No. 617 - City Manager - Recon~nending payment of Municipal Accounts. ORDERED on the =motion of AldermanWalker, seconded by Alderman Schisler that the report be received and adopted. Not~: Aldepl._sn. Harrigan returned to the Council Chambers. No. 618 - City Manager - Re: Fencing, Service Centre. Rec~a~uending that the tender by Lundy Steel Ltd. in the amount of $5,419.72 for fencing of the Service Centre be accepted. ORDERED on the motion of Alderman Walker, seconded by Alderman puttick that the report be received and adopted. See Resolution No.166 BY-LAWS Prior to consideration of the by-laws, the City Solicitor, Mr. H. R. Young, indicated he would like to speak to Council regarding By-laws Nos. 74-244; 74-245; 74-246; 74-247; 74-248; 74-249. Mr. Young reviewed the decision of Council regarding the implementation of a new Declaration of Policy for Subdivision Development and the adoption of a report rectumsending that developments for which draft plan approval has been received be given until November 25, 1974 to enter into the required subdivider's agreement as well as the deposit With the City of the initial costs. With respect to By-law No. 74-244 (Fennell Development Ltd.-Portage Green Subdivision) the Solicitor confirmed that the agreement has been executed by the owners and a certified cheque for the initial costs received. Regardin~ By-law 74-245 (Taro properties Inc. - Mount Forest Subdivision) the subdivider's agreement has been executed by the developers and a cheque for the final revised costs received. The company had been unable to obtain the signatures of all the mortgagees, however assurance has been received that this will be done. By-law No. 74-246 respecting an agreement with Messrs Spironello and Iseppon must be considered in conjunction with the approval of the proposed Monroe Subdivision. The agreement provides for the pa3nnent of $35,000. toward the cost of the Thorold Stone Road sto~ln sewer the outlet for which will also serve the Monroe Subdivision. Mr. Young suggested that if the subdivision is not going to proceed, the City should defer signing the agreement with Messrs Spirone~lo and Iseppon as there would be no outlet for the sewer. Council previously approved a report in respect to Kerry T.Rowe Limited actinS as engineering consultants for the Mount Forest Subdivision (Taro Proper- ties Inc.) A letter of credit in the amount of $35,000 covering engineering fees has been received by the City and the City Solicitor indicated it would be in order for Council to approve By-law No. 74-249. The City EnSineer, Mr. R.W.Rodman, referred Council to a map attached to By-law No. 74-247 and, specifically, to a block of land located between the Rydro right-of-way and Thorold Stone Road. The Engineer explained that a ~runk storm sewer is proposed on Thorold Stone Road to service the Monroe Subdivision, the block of land located between the Hydro right-of-way and Thorold Stone Road now owned by Group 2 Developments Ltd., as well as other lends which drain naturally to the =funk sewer. The subdtvider's agreement provides for payment by the developer of a portion of the Thorold Stone Road trunk sewer based on the cost of providing a separate sewer for the Monroe Subdivision only. The amount of money involved is $44,000. Additional monies are paid from the Expansion and Renewal Fund for the purposes of internal servicing of the snbdivision necessi- tated by the provision of the trunk storm sewer on Thorold Stone Road which will act as an outlet from a sewer draining from McKinless Crescent to Thorold Stone Road. Group 2 Development Ltd. has indicated they would agree to the subdivider's agreement as well as the payment of an Expansion and Renewa 1 impost for the lands between the Hydro right-ofway and Thorold Stone Road when they are developed in the future. However, a letter received from the developers on November 25, 1974, indicates they do not agree to any future frontage charge on Thorold Stone Road for storm sewer purposes which might be required for the development of the lands between the Hydro right-of-way and Thorold Stone Road. Mr. Rodman noted that this change is made on all subdivisions being processed under the old policy as well as the new Declaration of Policy for Subdivision Development. He referred to the discussion held by Council regarding frontage charges for existing sanitary sewers when the new policy was approved by Council. The developer's argument was on the same principle as well as the fact that $44,000. was being paid toward the Thorold Stone Road storm sewer. The Engineer indicated that these monies were for a separate outlet and if such outlet was constructed, no storm sewer would then exist on Thorold Stone Road to which the developer had contributed. On this basis, Mr. Rodman said he could not agree with the developer's suggestion and recommended the policy not be changed. He suggested the by-law could be passed by Council following which a meeting could be held with the developer to discuss the matter further. If the developer did not wish to sign the agreement, the by- could be withdrawn. This procedure would permit Council to provide direction on the matter before the municipal election is held. It was then moved by Alderman Wallace, seconded by Alderman Hunt that the by-law relative to the Monroe Subdivision be approved and the agreement executed only on the understanding that the contents be not amended as requested by the subdivider and remain in accordance with the recommendations of the City Engineer. The motion Carried with the following vote: ~YE: Aldermen Hunt, Mann, Harrigan, Keighan, Schisler, Walker, Thomson, Wallace. NAYE:Aldermen Puttick and Smeaton. .BY-LAWS ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that leave be granted to introduce the following by-laws and the by-laws be given a first reading: No. 74-243 - A By-law to authorize the construction of a sanitary sewermain on Dorchester Road south of Oldfield Road. Carried Unanimously No. 74-244 - A By-law to authorize a subdivision agreement with Fennell Develop- ments Limited and others. (Portage Green Subdivision) Carried Unanimously No. 74-245 _ A By-law to authorize a subdivision agreement with Taro Properties Incorporated. (Mount Forest Subdivision) Carried Unanimousl7 No. 74-246 - A By-law to authorize the execution of an agreement with Henry Spironello and Ateo Iseppon respecting a proposed storm sewer on Thorold Stone Road. The motion Carried with Alderman Keighan declaring a conflict of interest and abstaining from voting. No. 74-247 - A By-law to authorize a subdivision agreement with River Realty Development Limited and Group 2 Development Limited. (Monroe Subdivision) The motion Carried with the following vote: AYE: Aldermen Runt,Mann,Harrigan,Keighan,Schisler,Walker,Thomson,Wallace. NAYE:Alderman Puttick and Smeaton. No. 74-248 - A By-law to authorize a subdivision agreement with Dorchester Gardens Limited (Dorchester Park Estates Subdivision) Carried Unsnimousl~ ~o..74-249 - A By-law to authorize the execution of agreements with Taro Proper- ties Inc. and Kerry T. Howe Llmtted respecting engineering services for s proposed subdivision. (Mount Forest) Carried Unanimously -8- By-laws Cont'd No.74-25~ - A By-law to alter the boundaries of the Urban Service Area of the City. Carried Unanimously No.74-251 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lot 33, N. Jenkinson and R.J.Pepin) Carried Unanimously No.74-252 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lot 36, L.M.Vaughan) Carried Unanimously No.74-253 - A By-law to authorize an agreemept with Hill Top Cabins Limited respecting parking facilities. Carried Unanimously No.74-254 - A By-law to authorize the acceptance of a conveyance of land from the Niagara Palls Public Library-Board. Carried Unanimously No.74-255.- A By-law to amend By-law No.3790, being a By-law for the regulation of traffic (Summer Street) · . Carried Unanimously No.74-256 - 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. (Kingsview Sdbdivision) Carried Unanimously No.74-257 - A By-law to authorize the execution of an agreement with M.J.Storm Limited for the construction of sewermains and watermains and base roads.(Parkway Gardens Subdivision - Harleyford Crescent) Carried Unanimously No..74-258 - A By-law to authorize the execution of an agreement with Ernie Damore & Son Limited for the construction of a sanitary sewer on Mostrose Road and Thorold Stone Road. The motion CarriQd with Alderman Wallace declaring a conflict of interest and abstaining from voting. No.74-259 - A By-law to authorize the execution of an agreement with Ernie Damore & Son Limited for the construction of a pumping station. (Sanitary landfill Site) I Carried Unanimously No.74-260 - A By-law to authorize the execution of an agreement with H.J.Voth and Son Limited for the construction of sewermains and watermains and "base roads. (Dorchester Park Extension Subdivision) Carried Unanimously No.74-261 - A By-law to authorize the execution of an agreement with D.L.Stephens Contracting Niagara Limited for the reconstruction of Morrison Street from Victoria Avenue to Cryslat Avenue. Carried Unanimously No.74-262 - See Below No:74-263 - See Below No.74-26,~ - A By-law to authorize the execution of a.pipe crossing agreement with Canadian National Railway Company. Carried Unanimously No.,74-265.- A By-law to provide monies for general purposes. Carried Unanimously - 9- By-laws (Cont'd) ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the following By-laws be now read a second and third time: No.74-243 - A By-law to authorize the construction of a sanitary sewermain on Dorchester Road south of Oldfield Road. Carried Una nimouslX ~o.74-244 - A By-law to authorize a subdivision agreement with Fennell Develop- ments Limited and others. (Portage Green Subdivision) Carried Unanimously No.74-245 - A By-law to authorize a subdivision agreement with Taro Properties Incorporated. (Mount Forest Subdivision) Carried. pnanimously No.74-246 - A By-law to authorize the execution of an agreement with Henry Spironello and Ateo Iseppon respecting a proposed storm sewer on Thorold Stone Road. The motion Carried with Aldernmn Keighan declaring a conflict of interest and abstaining from voting. No.74-247 - A By-law to authorize a subdivision agreement with River Realty Development Limited and Group 2 Development Limited. (Monroe Subdivision) The motion Carried with the following vote: AYE: Aldermen Hunt,~nn,Harrigsn,Keighan Schisler Walker Thomson Wallace. ~AYE Aldermen Puttick and Smeaton. ' ' ' ' ~ 74.248- A By-law to authorize a subdivision agreement with Dorchester Gardens Limited (Dorchester Park Estates Subdivision. Carried Unanimously ~o.74-249 - A By-law to authorize the execution of agreements with Taro Properties Incorporated and Kerry T. Howe Limited respec ring engineering services for a proposed subdivision. (Mount Forest) Carried Urmnimously No.74-250 - A By-law to alter the boundaries of the Urban Service Area of the City. Carried Unanimously No.74-251 - A By-law to authorize the sale of land in the. Falls Industrial Park. (Lot 33,N.Jenkinson and R.J.Pepin) Carried Unanimously ~.74-252 - A By-law to authorize the sale of land in the Falls Industrial Park. (Lot 36, L.M.Vaughan) Carried Unanimously No.74-253 - A By-law to authorize an agreement with Hill Top Cabins Limited respecting parking facilities. Carried Unsnimousl~ No..74-254 - A By-law to authorize the acceptance of a conveyance of land from The Niagara Falls Public Library Board, Carried Unanimously No.74-255 - A By-law to amend By-law No.3790, being a By-law for the regulation of traffic. (Summer Street) Carried Unagimously ~o.74-256 - 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. (Kingsview Subdivision) Carried Unanimously ~o.7~-257 - A By-law to authorize the execution of an agreement with M.J.Storm Limited for the construction of sewermains end watern~ins and base roads. (Parkway Gardens Subdivision - Harleyford Crescent) Carried Unsnimousl~ No.74-258 - A By-law to authorize the execution of an agreement with Ernie Damore - 10 - By-law No.74-258 (Coni'd) & Son Limited for the construction of a sanitary sewer on Montrose Road and Thorold Stone Road. The motion _Carried with Alderman Wallace declaring a conflict of interest and abstaining from voting. No.74-259 - A By-law to authorize the execution of an agreement with Ernie barnore & Son Limited for the construction of a pumping station. (Sanitary Landfill Site) Carried Unanimously No. 74-260 - A By-law to authorize the execution of an agrement with H.J.Voth and Son Limited for the construction of sewermains and wa tarmains and base roads. (Dorchester Park Extension Subdivisdon)' Carried Unanimously No.74-261 - A By-law to authorize the execution of an agreement with D.L.Stephens Contracting Niagara Limited for the reconstruction of Morrison Street from Victoria Avenue to Cryslat Avenue. Carried Unanimously ~o.74-26.2 - See Below Nb.74-263 - See Below No.74-264 - A By-law to authorize the execution of a pipe cross ing agreement with Canadian National Railway Company. Carried Unanimously No.74-265 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that leave be 'granted to introduce the following by-laws and the By-laws be given a first tea d ing: No.74-262 (TWO READINGS ONLY) - A By-law to authorize the acquiring,establishing, laying out and improving certain lands on Park Street in the Downtown Conmarcia1 A ea of the City for the parking of vehicles. No.74-263 - (TWO READINGS ONLY) - A By-law to authorize the acq~irtng,establishing, ~aying out and improving certain land on Main Street in the Souh End Commercial Area for the parking of vehicles. Carried Unanimously ORDERED on the 'motion of Alderman Mann, seconded by Alderman Hunt that the following by-laws be now read a second time: No.74-262 - (TWO READINGS ONLY) - A By-law to authorize the acquiring, establishing, laying out and 'improving certain lands on Park Street in the Downtown Commercial Area of the City for the parking of vehicles. No.74-263 - (TWO READINGS ONLY) - A By-law to authorize the acquiring,establishing, laying out and improving certain land on Main Street in the South End Commercial Area for the parking of vehicles. · Carried Unanhnousiy RESOLUTIONS No.160 - HUNT-THOMSON - RESOLVED that the unit prices submitted by Damore Brothers ~imited ~or the construction o£ a 33" diameter sanitary sewermain on Dorchester Road, Contract SS 36-74, be accepted; AND the Seal o£ the Corporation be hereto affixed. Carried Unanimously No. 161 - SCEISLER - MANN - RESOLVED that the unit prices Submitted by Brnie Damore & Sons Limited for the installation of s sanitary sewer to service the Cryslat Car Dealership site on Montrose Road be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ..... ll. - 11 - Resolutions (Coni'd) No. 162 - THOMSON-HUNT - RESOLVED that the unit prices submitted by H.J. Voth and Sons Limited for the construction of sewermains and watermains and base roads in the Dorchester Park Extension Subdivision, Contract GC 34-74, be accepted; AND the Seal of the Corporation be hereto affixed. Carrie~ Unanimousl~ No. 163 - WALKER - HUNT - RESOLVED that the unit prices submitted by bl.J. Storm Ltd. for the construction of sewermains and watermains and base roads in the Parkway Gardens Subdivision (Harleyford Crescent) Contract CC 37-74, be accepted; AND the Seal of the Corporation be hereto affixed. Carried UJnimously No. 164 - MANN-SCHISLER - RESOLVED that the unit prices submitted by D.L.Stephens Contracting Limited for the reconstruction of Morrison Street from Victoria Avenue to Cryslat and reconstruction from Dunn St. to Caledonia St., Contract RC 38-74, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 165 - WALKER - SCHISLER - RESOLVED that the quoted amount of $3,080.00 sub- mitted by Domtrec Limited for the supply of a park shelter at Crowland Park be accepted; AND the Seal of the Corporation be hereto affixed. Carried. Unanimously No. 166 - WALKER - PUTTICK - RESOLVED that the tender submitted by Lundy Steel Ltd. in the amount of $5,419.72 for fencing of the Service Centre be accepted; AND the Seal of the Corporation be hereto affixed. Carried U. nanimously No. 167 - WALIACE - SMEATON - RESOLVED that the Council Committee meeting of December 2, 1974, be cancelled and the next regular ;meeting be held on Monday, December 9, 1974, commencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS PROSPECT HOTEL SITE Alderman Puttick referred to previous comments regarding the delay in demolishing the Prospect Hotel on Main Street which had been gutted by fire some time ago. He advised that the owner had paid a contractor in advance to demolish the building and had repeatedly asked him to commence the work. It was moved by Alderman Puttick, seconded by Alderman Thomson that the City Manager and the Building Inspector be authorized to extend the date for the demolition of the building for another month. The motion Carried unanimously LETTER OF SYMPATHY - ALDERMAN CHRISTENSEN Mayor Bukator explained that, due to a death in the family, Alderman Christensen was unable to attend the meeting. It was moved by Alderman Thomson, seconded by Alderman Hunt that a letter of sympathy be forwarded to Alderman Christensen. The motion Carried unanimously REGIONAL SIGNS ON HYDRO POLES Alderma~ Keighan expressed concern about the notification from the Hy dro Coumnlssion that the Region must remove all signs from concrete hydro poles. He noted that the cost of removing the signs is estimated to be $50,000. The Alderman questioned the possibility of the Hydro entering into an agreement with the Regional goverment similar to that in force in the City of St. Catharines. It was moved by Alderman Keighan, seconded by Alderman Walker that the Niagara Falls Hydro C~ua~lsslon be requested to negotiate with Regional authorities regarding an agreement whereby Regional signs can remain on hydro poles in the City of Niagara Falls. The motion Carried unanimously. - 12 - New Business (Cont'd) CONGRATULATIONS -FLR. C. DAHMER It was moved by Alderman Puttick, seconded by Alderman Mann that prior to the final meeting of the Stamford Arena Board, a letter be forwarded to the Board conheading and congratulating Mr. C.Dahmer on ccmpletion of 25 years of dedicated service to the Municipality and the Board. The motion Carried unanimously. ADJOLrRI~NT The meeting adjourned at 11:00 p,m. on. the motion of Alderman Thomson, seconded by Alderman Smeaton. Mayor THIRTY-EIGHTH MEETING Committee Room No.1 December 9, 1974. COMMITTEE-OF-THE-WHOLE Council met in Connnittee of the Whole on bionday, December 9, 1974,at 7:15 p.m. All Members of Council were present with the exception of Aldermen Walker, Smeaton and Schisler. Alderman Christensen presided as Chairman. 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. READ AND ADOPTED, L REGULAR MEETING Council Chambers, December 9, 1974. Council met on Monday, December 9, 1974, at 7:30 p.m. for the purpose of considering genersl business. All Members of Council were present with the exception of Aldermen Walker, Smeaton and Schisler. His Worship Mayor Bukator presided as Chairman. Mayor Bskator offered the Opening Prayer. ADOPTION OF MINUTES The minutes of meetings held on November 12, 18th and 25th,1974 were-adopted on the motion of Alderman Keighan, seconded by Alderman Thomson. UNFINISHED BUSINESS JUIZS VEIN PROPOSAL Report # 619 - Planning Administrator - Re: Official Plan Amendment No. 72. Noting that the jdea Verne proposal requires an amendment to the Official Plan and advising that the Planning and Development Committee directed that the amendment be circulated to property owners. The amendment now covers the entire area bounded by Lyon's Creek, the Welland River and the Queen Elizabeth Highway. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and filed. COMMUNICATIONS No. 129 - Chamber of Commerce - Comments re: Declaration of Policy for Development of Subdivisions; requesting that Council discuss and approve well-organized proposed and future subdivisions which contain forty-foot lots. Alderman Thomson suggested that Article 1.7 of the Declaration may have been misinterpreted and noted that the Municipality's Housing Policy recently approved by Council, provides for the establishment of smaller lots. ORDERED on the motion of Alderman PuttickJ seconded by Alderman Hunt that the c~u~unication be received and filed and a letter of explanation be forwarded to the Chamber of Commerce. No. 130 - Canadian Niagara Power Company Limited - Advising of new rates for electric power which will affect residents of the former Township of Willoughby. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the co~nunica- tion be received end filed. No. 131 - Ministry of Treasury, Economics and Intergovernmental Affairs - Services provided by a Central Ontario Regional Office. Re: - 2- Comm.~131 (Cont'd) ORDERED on the motion of Alderman Christensen, seconded by Alderman Runt that the communication be received and filed. REPORTp. No, 620 - Chairman, Recreation Counuission - Re: Community Use of Educational Facilities and availability of financial assistance from the provincial Govern- ment. Requesting (1) that City Council lend its support to the Recreation Commission in its endeavour to bring about a co-operative effort with the Boards of Education; (2) that City Council correspond with both the Niagara South Board of Education and the Welland County Roman Catholic Separate School Board stating their support of a combined approach and requesting the Boards to act immediately in supporting this proposed Application for a'Community Education Grant; (3)that City Council recommend to the incoming Council for 1975 the continued support of development of a connnunity school concept program and recommend the inclusion of the cost of the program in the 1975 budget. ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann ,that the report be received, the requests approved and the matter be brought before the 1975 Council for adoption. No. 621 - City Mansger- Re: Sale of Lot 30 - Falls Industrial park. Reconnnending that City Council authorize the sale of Lot 30 to Mr.E.Zeppa under the name of International Macaroni Limited for the sum of $7,000 and, further, that the City Solicitor be authorized to prepare the legal documents and necessary by-law for final approval of the sale early in 1975. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted. No. 622 - City Manager - Re: Availability of property immediately sdjacent to the northerly boundary of the Niagara South Recreation Centre. Recommending that Council recommend to the 1975 Council that provision be made in the 1975 Current Budget for the acquisition of the property. ORDERED on the motion of Alderman Christermen, seconded by Alderman Thomson that the report be received and adopted. No. 623 - City Manager - Re: Exchange of Land for School Park Site - Mulhern Neighbourhood. Advising that, in accordance with a previous resolution of Council concerning a proposed land exchange between private land owners of the area, the two school bosrds and the City to create a central school and park complex, nego- tiations between City Staff and the psrties involved have taken place. The report suggests that a land exchange involving the Separate School site south of the R.E.P.C. right-of-way be proceededwith ~-~ediately and independently of negotia- tions presently taking place concerning layout snd land exchange For the area north of the right-of-way; recoupending that City Councfl authorize and direct City Staff to prepare, for Counctl's final approval, all documents necessary for a land exchsnge between Wedgewood Builders, the Separate School Board and the City os outlined in Staff Report PD/173/74 and shown on sketch marked PD/173/74. ORDERED on the motion of Alderman Christensen, seconded by Alderman Mann that the report be received and adopted. No. 624 - City Manager - Re: Fee for Letters of Compliance or Clearance. Commenting on the increasing number of requests for written confirmation as to the zoning of properties and any outstanding work orders that may be against the premises at the time of land transactions and the obtaining of mortgages;advising that a survey of other municipalities indicates the majority have provisions for the charging of fees for such services; recommending that the City of Niagara Falls charge $10.00 for the service and that Council approve the appropri~te resolution appearing later on the agenda. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be 'received sod adopted. See Resolution No.168 No. 625 - City Mana er - Re: Site Plan Extension - Seven Unit Apartment Building, po=tage Road, AM-23171. Advising that the property has been sold to a Mr. W. McClure who intends to start building in the early spring and requests an extension to the s its plan to December 1, 1975; advising that the site plan on display is the same as approved by City Council previously and conforms to the zoning by-law; recommending that the site plan be spproved and the requested extension be granted. ORDERED on the motion of Alderman Keighan, aeconded by Alderman Christensen that the report be received and tabled for one week for clertf].cation of the decision of the Ontario Municipal Board to approve the application, The motion Carried with Alderman Mann voting contrary and sll others in fayour, Alderman W~ suggested that a report on the matter include an opinion as to whether the City has the right to extend the site plan st this time, . ..... 3. - 3 - Reports (Cont'd) No. 626 - City Manager - Re: 1974 Local Improvement Program. Advising that as a result of the notification procedure, sufficiently signed petitions have been received objecting to four undertakings enumerated in the report; recommending that the items be deleted from the by-law authorizing local improvements and application be made to the Ontario Municipal Board for approval of the remaining work. The report also recommends that two projects, namely the installation of sanitary sewers on Lyons' Creek Road from SodomRoad to Lyon's Creek Parkway and the construction of storm sewers, asphalt pavement and curb and gutter on Ellsworth Place, be the subje ~ of a separate by-law to be prepared following an amendment to Urban Service Area No. 2; recommending further that a letter of explanation be forwarded to the residents of both Lyon's Creek Parkway and Ellsworth Place. ORDERED on the motion of Alderman Puttick, seconded by Alderman Keighan that the report be received and adopted. No. 627 - City Manager - Re: Closing and conveying of an unopened section of Muir Avenue lying between Ferguson and Buttrey Streets. Recommending thst a licensing ~greement be prepared tO permit Dominion Paving Co. and Husky Conatruction to use · that area of the unopened road allowance indicated on an attached sketch and subject to four conditions enumerated in the report. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the report be received and adopted. No. 628 - City Manager - Re: Retention of Soils Consultant for the Geotechnicsl Investigation for Thorold Stone Road. Recommending that the consulting engineering - firm of Peto MacCallum Limited be retained at a cost not to exceed $950.00. ORDERED on the motion of Alderman Hunt, seconded by Alderman Fera that the report be received and adopted. The motion Carried with Alderman Keighan declaring a conflict of interest and abstaining from voting. See Resolution No. 169 No. 629 - City Manager - Re: Contract S.S.36-74 for the Installation of a 33-inch diameter Sanitary Sewer on Dorchester Road southerly of Oldfield Road. Noting that the awarding of the contract was subject to receipt of certain approvals; advising that a Certificate of Approval has been received from the Ministry of the Environment. Approval of Ontario Hydro for easement requirements has also been received subject to terms and conditions outlined in a communication dated December 3, 1974 and attached to the report. Recommending that Ontario Hydro be advised that the City is in agreement with the conditions as outlined. ORDERED on the motion of Alderman Hunt, seconded by Alderman Keighsn that the report be received and adopted. No. 630 - City Manager - Re: Tender Award for Contract G.C.39-74, Underground Services and Base Road construction in Bell Crescent Extens ion Subdivision; recommending that the unit prices submitted by the low tenderer, Ernie Damore & Sons Limited be accepted. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. See Resolution No. 170 No. 631 - City Clerk - Resolutions from Other Municipalities. 1. City of Windsor - A resolution requesting the extension of the Winter Capital Projects 'Program to enable construction and expansion of pollution control programs. Recommending endorsation of the resolution. 2. City of Brantford - A resolution requesting that responsibility for the inspection of hotels rest with local authorities irmtead of L.C.B.O.Inspectors. RecoTmnending that the resolution be received and filed. 3. City of Sudbury - Requesting an amendment to The Fire Departments Act requiring a compulsory retirement age of sixty years for firefighters and a provis ion for the negotiation of a compulsory retirement age sgreesble to the Municipality and the firefighters. The report suggests that the wording in both sectiota of the resolu- tion is rather ambiguous and recommending that, unless clarification can be pro- vided, the resolutiop be received and filed. 4. City of Oshswa - Requesting an amendment to the Railway Act to require railway companies to provide one-half of the cost of the materials and installation costs necessary for the fencing required by the municipality for properties abutting railway properties, Reconnending that the resolution be endorsed. -4- Report No.631 (Cont'd) 5.Township of March - A resolution suggesting three recommendations aimed at encouraging greater use of returnable glass containers. Recommending that the resolution be received and filed. 6.City of Kitchener - Requesting a review of the recommendations of the Comay Task Force report on Housing. Recommending approval of the resolution. 7.Town of Grimshy - Resolutions and reply regarding the possibility of obtaining municipal input,~ior to the passing of legislation dealing with the imposition of regulations governing the development of municipalities. A copy of the reply from the Ministry of Treasury, Economics and Intergovernmental Affairs is also attached. Recommending endorsation of the resolution. 8.City of Waterloo - Requesting an amendment to The Municipal Act to permit municipalities authority to allow sidewalk sales up to a maximum of five conse- cutive days in each calendar year. Recommending that in order to clearly define the right of the municipalities to permit sidewalk sales, that the resolutions be endorsed. 9. Town of Fort Erie - A resolution requesting the Minister of Health to remedy problems which have arisen with respect to the dispensing of free drugs for Old Age pensioners. The report suggests that the problem is not experienced locally and recommending that the resolution be received and filed. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 632- City Clerk - Advisory Report. Miscellaneous Items. The report provides information from the Ministry of Community and Social Services regarding the 1974 Ontario Winter Games at Thunder Bay and advises of a letter from the Niagara District Fire Fighters' Association expressing appreciation for a grant. ORDERED on the ~otion of Alderman Christensen, seconded by Alderman Hunt that the report be received and filed. No. 633 - City Manager - Building permits issued for the month of November 1974. ORDERED on 'the motion of Alderman Mann, seconded by Alderman Huntthat the report be received and filed. No. 634 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Christensen, seconded by Alderman Keighan that the report be received and adopted and licenoes granted. No. 635 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Hunt, seconded by Alderman Christensen that the report be received and adopted. Alderman J. Harrigan - Verbal Report. Alderman Harrigan stated that he had repre- sented the City at a demonstration of a new model muffler installed on a heli- copter operated by Niagara Helicopters. Also in attendance were~two officials of the Ministry of Transport who took sound measurements from a location behind the Rapids Hotel on River Road and on Ontario Avenue near Eastwood Crescent. The demonstration indicated a 45% reduction in noise levels and the noise was con- sidered to be less annoying 'from the ground level. The Alderman expressed the opinion that the firm was making every effort to resolve the complaints regarding helicopter noises and it was his understanding that the new mufflers would be installed on eight helicopters at considerable cost to the operator. ~ RESOLUTIONS No. 168 - CHRISTENSEN - HUNT - RESOLVED that WHEREAS there has been increasing demand made to the Building Department of the City of Niagara Falls for the provision of letters confirming compliance to zoning regulations; AND WHEREAS at the present time no charge is being made for this service NOW THEREFORE BE IT RESOLVED that the Building Department of the City ~ Niagara Falls be authorized to charge e fee of Ten Dollars ($10.00) for providing written confirmation es to the zoning of properties and any work orders that may be outstanding against the premises at the time'of land transactions and/or the obtaining of mortgaSes; AND the Seal of the Corporation be hereto affixed. Carried Unanimously -5 - Resolutions (Cont'd) No. 169 - HUNT - FERA - RESOLVED that the contract for an engineering proposal for a geotechnical investigation program for the trunk storm sewer installation on Thorold Stone Road, be awarded to the firm of Peto MacCallum Limited at a cost not to exceed $950,00; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Keighan abstaining No. 170 - HUNT - MANN - RESOLVED that the unit prices submitted by Ernie Damore & Sons Limited for underground services and base road construction in Bell Crescent Extension Subdivision, Contract G.C.39-74, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Una~imousl~ BY-LAWS ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that leave be granted to introduce the following by-laws and the By-laws be given a first reading: No.74-266 - A By-law to authorize the execution of an agreement with Ernie Damore & Son Limited for the construction of sewermains and watermains. No.74-267 - A By-law to amend By-law No.3790, being a By-law for the regulation of traffic. (Kalar Road,Murray Street, Park Street) No. 74-268 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the following by-laws be now given a second and third reading: No.74-266 - A By-law to authorize the execution of an agreement with Ernie Demote & Son Limited for the construction of sewermains and watermains. No.74-267 - A By-law to amend By-law No.3790, being a By-law for the regulation of traffic. (Kalar Road, Murray Street, Park Street). No.74-268 - A By-law to provide monies for general purposes. NEW BUS INESS COMPLAINTS NE: GERBER PRODUCTS LTD. Several residents in the area of the Gerber plant appeared before Council to complain about truck traffic at all hours of the night, trucks parking in a no parking area and the abusive language of the drivers. Mrs.S.Terriaca noted that the loading bay is at the opposite side of the building where there are no residences. The matter was referred to the City Clerk for a report on the motion of Alderman Puttick, seconded by Alderman Thomson. The motion Carried unanimously. PROPOSED WATERMAIN - CHIPPAWA AREA Alderman Hunt referred to a'R~gional proposal ~o install a 16"diameter trunk watermainon Willoughby Drive and'a 12" connection on Weinbrenner Road to SodnmRoad and expressed concern that the developer of property on Weinbrenner Road would benefit from the installation without contributing toward the cost. The City Engineer indicated there is some question as to whether the watermain will extend all the way fromWilloughby Drive to Sodom Road; if the facility does not go as far west as SodomRoad, it would be of no value to the developer. When the property can be developed as a plan of subdivision, he said,the owners will be required to pay their share of the servicing costs. It was then moved by Alderman Keighan, seconded by Alderman Mann that the matter be tabled for a report and clarification of the Regional by-law. The motion Carried unanimously. REPORT ON GERMAN TRIP Alderman Puttick referred to a report submitted by Mr,J.Montgomery, Mapmger of the Industrial Department, providing a resume of the most recent industry-seeking trip to Germany. He noted that headlines in the local newspaper indicated five new industries would be locating in the City and suggested that members of Council should have been provided with full information before a press release. The City Manager stated that a summary of the trip was mailed to members of Council so they would have the information prior to the meeting with the press. Members of the Business and Industrial Growth Con~mittee received the same report. The headlines, he said, had not come directly from Mr.Montgomery but resulted from discussions and questions raised during the press conference, o 6 - Mr. Price indicated the next step would be to arrange a meeting with the Business and Industrial Growth Conunittee for a full report. Certain informa- tion such as the type of industry, he said, can be made public but the company names should not be released without the permiss ion of the industry concerned. Alderman Keighan suggested that Council does receive ample infor- mation through various reports and expressed his concern about the possibility of jeopardizing the opportunity of acquiring new industry by premature announcements. Alderman Puttick also questioned the function of Niagara Falls Estates and requested information regarding the firm's local legal contact and who had authorized the company to act as an industrial representative for the City in Germany. The company seeks and purchases properties for re-sale in Germany. Althoughthere has been some argument about foreign ownership of property, Mayor Bukator expressed the view that the municipality benefits ~en funds are brought in from another country for the purchase of property and from taxes received. The City Manager explained that the German office of Niagara Falls Estates is located in Frankfurt, Germany, through which copies of the industrial brochure are provided to interested German industrialists. The office is available for the City's convenience and as a means of boosting Niagara Falls. The company, he said, may engage a local solicitor to handle land purchases but not necessarily the same lawyer for each transaction. NEWLY-ELECTED MEMBERS OF COUNCIL Alderman Wallace noted that Aldermen-Elect Crowe and Stewart were in the CounCil Chambers and suggested that the four newly-elected Aldermen be officially invited to attend the remaining meetings of the 1974 Council and be provided with a copy of the agendas. FUTURE MEETINGS OF 1974 COUNCIL It was moved by Alderman Wallace, seconded by Alderman Thonmon that the December 16th meeting of Council be a regular meeting, the December 23rd meeting be cancelled and Council meet in regular session on December 30,1974. The motion Carried unanimously. ADJOU~NT ORDERED on the motion of Alderman Christensen, seconded by Alderman Keighan that the meeting adjourn to C~ittee of the Whole. READ AND ADOPTED, .erk M~yor CO~IITTEE OF THE WHOLE Committee Room#1, December 9, 1974. Council met in Committee of the Whole following a regular meeting held Monday, December 9, 1974. All Members of Council were present with the exception of Aldermen Schisler, Smeaton and Walker. Alderman Christensen presided as Chairman. - 7- Following consideration of the items presented it was ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the Committee of the Whole arise without reporting. READ AND ADOPTED, C ~yor THIRTY-NINTH MEETING Council Meeting, December 16, 1974. REGULAR ~ETING Council met on Monday, December 16th, 1974, at 7:30 p.m. for the purpose of considering general business. All Men~ers of Council were present with the exception of Alderman Schis ler and Alderman Puttick. Alderman Keighan offered the Opening Prayer. His Worship Mayor George Bukator presided as Chairman. ANNOUNCEMENT His Worship Mayor Bukator announced that the Hon. John T. Clement, Minister of Consumer and Connnercial Relations had visited his office to present a cheque in the amount of $17,542. representing an Ontario Housing Corporalion grant for the further development of Prince Charles Park. Application for the grant had been initiated by the Niagara Falls Housing Authority and Mayor Bukator expressed appreciation for the cooperative efforts of local, provincial and federal authori- ties. ADOPTION OF MINUTES ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that the minutes of the December 9th, 1974, meeting be adopted as printed. UNFINISHED BUSINESS SITE PlAN EXTENSION - AM-23/71 - PORTAGE ROAD Report ~625 - City Manager - Re: Site Plan Extension, Seven-unit Apartment Building, Portage Road, AM-23/71. Advising that the property has been sold to a Mr. W. McClure who intends to start building in the early spring and has requested an extension to the site plan to December 1, 1975; advising that the site plan on display is the same as approved by City Council previously and conforms to the zoning by-law; recommending that the site plan be approved and the requested extension be granted. Report ~636 - City Manager - The report provides clarification and background material with respect to the application and recommends that, having granted initial approval and a one-year extension to the original site plan and in the absence of reason for any changes, the one year extension now requested be granted; noting that the City Council does have authority to grant such extension. ORDERED on the motion of Alderman Keighan, seconded by Alderman Christensen that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Christensen, Keighan, Smeaton, Walker, Thomson, Mayor Bukator. NAYE:Aldermen Hunt, Fera, Mann, Harrigan and Wallace. COMMUNICATIONS No. 132 - Mrs. A. Tripodi on behalf of residents of the Meadowvale Subdivision. Requesting bus service for the area. Alderman Thomson suggested that since the subdivision has been fully developed, it might be advisable to undertake a study and distribute a questionnaire to the residents to determine if there is a need for the service. It was moved by Alderman Thomson, seconded by Alderman Walker that the communication be received and referred to the Transit Connnission with instructions to undertake a study of the Meadowvale Subdivision area to determine the need for bus service and to report to Council the results of the study. The motion Carried unanimously. No. 133 - Hon. John T.Clement, Minister of Consumer and Commercial Relations - Referring to the potential hazardous situation involving pedestrian traffic on Highway 420; advising that the Ministry of Transportation and Con~nunications suggests that pedestrian traffic be banned on that section of Hwy.420 from Stant~y Avenue westerly to the Queen Elizabeth Way; requesting the comments of the Municipality. The City Manager stated that members of staff had discussed the situation and were unanimous in recommending that pedestrian traffic be banned on that section of Hwy. 420 referred to in Mr. Clement's letter. ORDERED on the motion of Alderman Keighsn, seconded by Alderman Thomson that the communication be received and the Minister of Consumer and Co~fierciel Relations be advised that the Municipality is in agreement with the suggestion that pedes- trian traffic .be banned on that section of Hwy.420 from Stanley Ave. westerly to Q.E.W. No. 134 - Hon. Donald R.Irvine, Minister of Housing - Advising that the City's - 2- Housing Policy has been approved by the Ministry and the City my now proceed with one of the program, submit applications for specific site acquisition and relevant funding; advising further that the application for a Municipal Housing Policy Study Grant has been approved and an amount of $15,000. is available for the preparation of a housing policy statement. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the communication be received and filed and a letter of appreciation be forwarded to the Ministry of Housing. REPORTS No. 637 - City Clerk - Re: AM-33/73 - Restricted Area By-law No.74-149, Panay Realty Limited (Double M Realty). Advising that the Ontario Municipal Board has appointed Tuesday, January 21, 1975 ~t 11:00 a.m. for the hearing of all parties interested in supporting or opposing the application. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and filed and the information regarding the hearing be noted by Council. No. 638 - City Clerk - Re:AM-4/74 - Restricted Area By-law 74-115, M.&V.Aiello. Advising that the Ontario Municipal Board has appointed Monday, January 20,1975 at 11:00 a.m. for the hearing of all parties interested in supporting or opposing the application. ORDERED on the mntion of Alderman Hunt, seconded by Alderman Christensen that the report be received and filed and the information noted by Council. No. 639 - City Clerk - Re: AM-22/74, Restricted Area By-law 74-256,Proposed Subdtvts16n south of McLeod Road (Kenmore Holdings). Advising that as a result of the usual notification procedure, one letter of objection has been received; requesting the directions 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 application and the application, together with the object,on received be forwarded to the Ontario Municipal B~ rd for consideration. No. 640 - City Manager - Re: Niagara Falls Lions Club Pool. Advising of · preliminary investigations and suggesting that a building mainly of plexiglaa construction would be the most economical way to enclose the pool for year- round use and to winterire the change house building at an estimated cost of $150,000; suggesting the cost of year-round maintenance of the swimming pool would be approximately $100,000. annually and that a program in agreement with the Board of Education would greatly reduce the City's cost of operation. During discussion of the report, it was pointed out that the Lions Club prnpose to construct the swimming pool, but the facility is to be operated by the City. Some concern was expressed about the maintenancescosts for year- round operation and the City Treasurer indicated the estimated costs were based on the 1974 scale of services and the staff required. It was then moved by Alderman Mann, seconded by Alderman Smeaton that the report be received and filed; that construction of the swimming pool by the Lions Club be approved and the City operate the facility for the summer months of July and August only. The motion Carried with the following vote: AYE: Aldermen Christensen, Hunt, Fera, Mann, Harrigan, Keighant Smeaton, Thomson. NAYE: Aldermen Walker and Wallace. No. 641 - City Manager - Re: Lundy's Lane Battlefield - Historical Site. Referring to Council's decis.ion to not consider the application of Dow construc- tion for the fezsuing of the site running parallel to Barker Street until the possibility of establishing a historical park is fully explored and advising -that local efforts to initiate the project has failed to. interest either the federal or provincial governments. Suggesting there be thorough discussion of the matter and staff be instructed as to further action. ORDERED on the motion of Alderman Hunt, seconded by Alderman Wallace that the report be received and referred to the Niagara Paths C~aission for consideratio~ of the site for historical park purposes. No. 642 - City Manager - Recon~ending payment of Municipal Accounts. ORDERED on the motion of Alderman Christensen, seconded by Alderman Hunt that the report be received and adopted. - 3- Reports (Cont'd) No. 643 - City Manager - Re: 1974 Reserves to Complete Operating Budget Projects. Advising that at the end of the City's 1974 fiscal year, certain projects planned for in the current budget will not have been completed and suggesting that spending allocations should be charged against the 1974 accounts and set up as reserves for use in completing the project in 1975; providing a list of projects and dollar amounts to be reserved; recommending approval by formal resolution. It was moved by Alderman blann, seconded by Alderman Hunt that the report of the City Manager be received and adopted and the required resolution approved by Council. It was then moved by Alderman Wallace, seconded by Aideman Harrigan that the motion be amended to provide that the funds remaining from projects not completed during 1974 be placed in an interest bearing reserve account and the interest therefrom be credited pro rata among the 18 outstanding projects enumerated in the report. The motiou, as amended, was Defeated with the following vote: NAYE: Aldermen Christensen, Fera, Mann, Keighan, Smeaton, Walker,Thor~on AYE: Aldermen Wallace, Harrigan and Hunt. The motion on the floor to receive and adopt the report of the City Manager Carried with Alderman Wallace voting contrary and all others in favour. See Resolution No.171 No. 644 - City Manager - Re: 1975 Capital Budget and Analysis of Debt Capacity at December 31, 1974. Several members of Council questioned the necessity for the outgoing Council to consider the report and, in reply, the City Manager stated that each suggested project will be dealt with separately by the 1975 Council. The proposed Capital Budget, he said, is well within the limits set down by the Province and the Region and the suggested projects are subject to change by the new Council. Mayor Bukator advised that the Regional Council had adopted the recommendation of the Regional Finance Officer that area municipalities submit 1975 Capital Budgets prior to December 31st; the budgets are then incorporated into the Regional Capital Budget and submitted to the Ontario Municipal Board for approval. Should any member of the 1975 Council wish to include a new project, Council could pass a resolution requesting the Region to include it in the Niagara Falls Capital Budget for 1975. It was then moved by Alderman Wallace, seconded by Alderman Mann that the report be received and tabled for consideration by the 1975 Council. The motion Carried unanimously. OFFICIAL PlAN AMENDMENT - CANADIA (NIAGARA FALLS) LTD. Verbal report of the Planning Administrator. Mr. VanBelle advised that the applicants have requested some form of reconunendation from Council to the 1975 Council in respect to approval of a proposed plan of subdivision for property located on the east side of Dorchester Road, north of the H.E.P.C.Canal. Alderman Keighan questioned the suggestion that Council consider the application when property owners in the area have not been notified that the matter would be discussed. It was moved by Alderman Ketghan, seconded by Alderman Fera that consi- deration of the Cansdis mixed plan of subdivision be tabled for consideration at the meeting of Council to be held December 30th, 1974 and the affected property owners be so notified. The motion Carried unanimously. · RESOLUTION No. 171A- MANN - THOMSON - 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: pro3ect Amount Budget Account Code 1, Storm sewer extension & grading at service centre $ 4,000. 2. Sand Storage shelter at Service Centre 14,000. 3. Heating Installation at Service Centre 1,000. 4. Clay for landfill site 7,500. 5. Pumping Station at landfill site 12,500 6. Purchase of park property for Ker Park and Hydro Road 23,000 ~. purchase of creative playground equip- ment 10,000 11163 11161 11161 11508 11508 12211 12200 -4- Resolution No. 171 (Cant'd) project Amount 8. Oakes Park Lights $ 6,000. 9. Oakwood Drive Improvements 5,000. lO.Industrial Park Sign Improvements 1,000. ll.Topographic mapping 9,700. 12.Dorchester Road construction - McLeod to Jill 3,000. 13.Front Street pump Station Improvements 4,000. 14.Cambridge 'Street Sanitary Sewermain 15,000. 15.Cemetery Maintenance Equipment 2,000. 16.Watermain Improvements (Water Fund ) 80,000. 17.Improvemant to Main St. Parking Lot (Parking Fund) 15,000. 18.Improvements to Downtown parking Lots 25,000. Budget Account Code 12208 11290 12785 11339 11275 11630 11630 12620 32200 40302 40303 (parking Fund) AND the Seal of the Corporatipn be hereto affixed. Carrie_____jdwith Alderman Wallace voting contrary. BY-lAWS No. 74-269 - A By-Law ~o provide monies for-general purposee~ 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. 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 NEW BUSINESS WELCO~fi~ '..,, . i. _ . His Worship Mayor George Bukator welcomed .to the Gouncil Chambers, Alderman-Elect Grows, Orr, Michael and Stewart. OAKES' DRIVE In reply to a question by Alderman Christensen, the City Engineer confirmed there is a one year guarantee on the asphalt pavement on Oakes' Drive. Alderman Christensen drew attention to the conditinn of the road and the matter was referred to the City Engineer. SEASONS GREETINGS Alderman Keighan thanked City Officials and Staff for their efforts over the past two years and extended Seasons Greetings. HUNTING AREAS Alderman Thomson noted that some restricted areas for the discharge of firearms were not indicated on the City's hunting maP including an area adjacent to a subdivided area and a road in the former Township of Willoughby. The City Glerk indicated that Aldernmn Smeaton's earlier remarks about hunting in the vicinity of Firemane' Park had been investigated and a progress report will be submitted to Council at a later date. Alderman gmeaton suggested the area near the Cityss Industrial Park should also be investigated. Alderman Thanson requested that the map be corrected. ROyAL CANADiAN LEGION,BRANCH 590,STANLEY AVE. Alderman Thanson referred to the rezoning application by Branch 590, Canadian Legion and the discussions regarding parking problema. The City Clerk advised that s representative of the Legion had contacted him'and a report will be prepared for the information of Council. - 5 - NIAGARA SQUARE Alderman Thomson noted that no public announcement has yet been made regarding the major tenants of the Niagara Square Shopping Plaza. The Alderman expressed concern about rumours that "Robinsons" were going to locate at the Pen Centre and suggested that City officials continue to work closely with the developers of Niagara Square. SHRINER'S CREEK The City Clerk advised that prior to the Council meeting, FIr. Peter Grandoni had requested permission to address Council with respect to the member- ship of the Technical Advisory Committee appointed to work with the consulting firm engaged to undertake an Environmental Impact Study for Shriner's Creek. The City Clerk noted that at the November 4th meeting of Council, a resolution was passed approving the retention of the finn of Proctor and Redfern and directing that the Technical Advisory Committee also include a representative of the affected property owners. Messrs Grandoni, Gagliardi and Muir were subsequently contacted to suggest that between the three of them they name a representative to s it on the Committee. Mr. Grandoni was granted permission to address Council on the motion of Alderman Christensen, seconded by Alderman Thomson. On behalf of the objectors to the Shriner's Creek project, Mr. Grandoni requested that Mr, N. Mitchinson of the Committee of A Thousand be appointed to the advisory committee. In support of the request, Mr. Grandoni cited Mr. Mitchinson's conservation activities, his involvement with the owners of property along Shriner's Creek and his efforts to prevent the destruction of the Muir Bird Sanctuary. It was moved by Alderman Mann, seconded by Alderman Harrigan that the City Clerk be instructed to contact Mr. Mitchinson and request information regarding the executive and membership of the Committee of A Thousand. Alderman Mann suggested the information should be made available for the Council meeting of December 30th. The motion Carried with the following vote: AYE: Aldermen Hunt,Fera,Mann,Keighan,Harrigan,Thomaon, Walker. NAYE:Aldermen Christensen, Smeaton and Wallace. It was then moved by Alderman Thomson, seconded by Alderman Harrigan that consideration of the appointment of Mr. Mitchinson to the Technical Advisory Committee for the Shriner's Creek Environmental Impact Study be held in abeyance until the information regarding the Committee of A Thousand is available. The motion Carried with Alderman Walker voting contrary and all others in fayour. ADJOURNMENT ORDERED on the motion of Alderman Christensen, seconded by Alderman Thomson that the meeting adjourn to Committee of the Whole. Read and Adopted, Mayor CO~4ITTEE OF THE WHOLE Committee Room No,1 December 16, 1974. Council met in C~,~iittee of the Whole on Monday, December 16th, 1974 following a regular meeting. All members of Council were present with the exception of Aldermen Schisler, Puttick, Alderman Walker presided as Chairman. - 6- Following consideration of the items presented, it was moved by Alderman Mann, seconded by Alderman Hunt that the C~lttee of the Whole arise without reporting. The motion Carrie~ unanimously. Read and Adopted, Mayor COUNCIL MEETING Conmittee Room No.1 December 16, 1974. Council reconvened in open session following a meeting of the Committee of the Whole. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present with the exception of Aldermen Puttick and Schisler. The meeting adjourned. Read and Adopted, Mayor FORTIETH MEETING Committee Room No.l, December 30, 1974. COMMITTEE OF THE WHOLE Council met in Con~nittee of the Whole on Monday, December 30, 1974, at 7:15 p.m. All Members of Council were present with the exception of Aldermen Schisler and Puttick. Alderman Keighan presided as Chairman. Following consideration of the items presented, it was moved by Alderman Mann, seconded by Alderman Hunt that the Committee of the Whole arise without reporting. The motion ~.rried unanimously. READ AND ADOPTED, ~ ,,a, AA~,, REGULAR MEETING Council Chambers, December 30, 1974. Council met on Monday, December 30th, 1974, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Aldermen Schisler and Puttick. Alderman Harrigan offered the Opening Prayer. His Worship Mayor George Bukator presided as Chairman. ADOPTION OF MINUTES ORDERED on the motion of Alderman Christensen, seconded by Alderman Keighan that the minutes of a regular meeting held December 16, 1974, be adopted as printed. COMMUNICATIONS No. 135 - Logan,Knight,McDermid & McDonald - Re: The Niagara Falls Heritage Foundation. The communication from Mr, McDermid, acting on behalf of Mr.George Seibel, provides information regarding the objectives of the proposed corpora- tion and advises that the Ministry of Consumer and Conunercial Relations has requested that the consent of the Municipality to use the proposed name and approve the incorporation of The Niagara Falls Heritage Foundation be obtained. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the communication be received and the name and incorporation of the Niagara Falls Heritage Foundation be approved. No. 136 - Mrs. Phoebe Flanagan - Re: Comments re: letter and bill regarding the water and meter at 4031 Front Street. Requesting an adjustment of charges. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the communication be received and referred to City Staff for a report. No. 137 - The Regional Municipality of Niagara - Re: Regional Niagara Policy Plan. An addendum to the Policy Plan includes the Urban Areas Boundaries Map and the Policy Map. In response to questions by Alderman Smeaton, the Planning Administra- tor confirmed ths t the Willoughby Marsh Area is recognized by the Region as s conservation area. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the communication be received and filed. REPORTS No. 646 - City Manager - Re: Lots 12 and 41, Plan 243 (Falls Industrt.al Subdivision) - 2- Report No.646 (Cant'd) The report recommends that Mr. D. Snsin be given to January 30th,1975 to complete the purchase of Lot 12. Advising that Mr. Susin's lawyer, Mr.S.J. Knight, has requested an option on Lot 41 for a period of s ix months- The report provides supporting information and advises that agreements of purchase and sale of Lots 12 and 41 were forwarded to Mr. Knight together with a request for a suggested closing dste for the transaction as well as an indication of the size of the building proposed for Lot 41. No further information was received until this most recent letter dated December 18th, a copy of which is attached to the report which also advises that, in the meantime, Niagara Lift Truck Service has deposited funds to reserve Lot 41 until March 31,1975. The report suggests that if Mr. Susin is interested in obtaining a second lot in the Industrial Subdivision, full opportunity be given to him following the completion of the building, landscaping,etc- required for Lot 12. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 647 -'City Manager - Re: Falls Industrial Park Extension. Referring to the additional 125 acres of land to be purchased from Welland Securities to extend the City~s industrial subdivision; advising that further processing of the plan requires it to be submitted to the Ministry of Housing for circu- lation and approval; the boundary must be certified and the plan submitted to the Ministry by an Ontario Land Surveyor; reconlnendiug that the firm of Blake Erwin & Associates be authorized and directed to submit the proposed plan of subdivision to the Ministry of Mousing. A~derman Sne aton expressed his concern that the City may be in a ,,non-competitive situation" in respect to the services of an Ontario Land Surveyor and suggested that consideration be given to seeking quotations from other firms to determine the present day market for such services. The City Manager indicated that Mr.Erwin is the only Ontario Land Survey in the City of Niagara Falls although there are other firms within the Region. Alderman Keighan supported Aiderman Smeaton's remarks regarding the City possibly being in a position where it is not possible to ask for competitive bids for services. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report of the City Manager be received and adopted. No. 648 - City Manager - Re: Petition for the removal of chain link fencing at the Jack Bell Arena. The report notes that the operation of the arena will become the Cityfs responsibility as of January 1st and reconmends that the petition be re-examined and e recowanendationmade to the City Council early in 1975. ORDERED on the motion of Alderman Hunt, seconded by Alderman ~meaton that the report be received and adopted. No. 649 - Planning and Development Cou~hittee - Re: Official Plan Amendment No.73, Dorchester Square (Canadia proposal), requests for amendments to the Official plan and Zoning By-law. The report recommends that the Official Plan Amendment be adopted by by-law and suggests forward the recommendation for final approval by the 1975 Council. ORDERED on the m~cion of Alderman Keighan, seconded by AldermsatChristensen that the report be received and adopted. No. 650 - City M~nager - Re: Storm Sewer Easement Agreement with Ontario Hydra for the twin 60-inch diameter Storm Sewermains for Westwood Village Subdivision~ Advising that the easement agreement prepared by Ontario Hydra contains a claus stating that the easement is Branted for a consideration of the sum of'$515.00 which will be paid by the subdivider; recv.m,ending that the easement agreement with Ontario Hydro be executed by Mayor Bukator and the City Clerk. ORDERED on the motion of Alderman Christensen, seconded by ~lderman Hunt that the report be received and adopted. No. 651 - City Manager - Re: Easement Conditions for the proposed 84-inch diameter Storm Sewer on 0nterio Hydro land immediately south of Niagara Falls pollution Control Plant. Advising that the request to grant a 40 ft. pernmnent easement to acco~snodate the trunk storm sewer end a 60-foot working easement for construction purposess has been approved by Ontario Hydro subject to certain terms and conditions; reeo~snending that Ontario Hydro be advised that the City is in sEtsame-hi with the conditions enumerated in the letter from li~dro e copy o~ which is attached to the report. - 3 - Report No. 651 (Cant'd) ORDERED on the motion of Alderman Christensen, seconded by Alderman Tbomaon that the report be received and adopted. No. 652 - City Manager - Re:Weinbrenner Road Watermain. Providing information regarding the limits of a proposed watermain ins tallation on Wainbrenner Road and the involvement of the owners of lands adjacent to the roadway. The report suggests that certain items in the subdivision agreement between the former Village of Chippaws and River Realty should be reconsidered, such as any financial involvement of the subdivider for watermains which might be installed by the Region and/or the City; recommending that staff be authorized to discuss the matter with the owners of adjacent lands and the Region with a view to arriving at a satisfactory sharing of costs for required services. ORDERED on the motion of Alderman Walker, seconded by Alderman Christensen that the report of the City Manager be received and adopted. No. 653 - City Manager - Re: Lease of space in City Hall to Ministry of Public Works which at the present time, accommodates staff of the Probation .,Department, Ministry of Correctional Services. Advising that the lease will .terminate on the 31st day of December, 1974 but the new location for the pro- bation services will not be ready for occupancy for several months;recommending that the City allow the Ministry to rent the area on a monthly basis for a period not exceeding four months. ORDERED on the motion of Alderman Walker, seconded by Alderman Ghristenaen that the report be received and adopted. No. 654 - City Manager - Re: Retention of Soils Consultant for the Geetechnical Investigation for Bambi Estates Subdivision and 66-inch diameter outfall storm sewer. Advising that it was the joint recommendation of the City's consultants, R.V.AndersonAssociates and the Engineering Department that Dominion Soils Investigation Ltd. be retained to undertake the required investigation at a cost not to exceed $1,40a; noting that the exploratory program is to be paid for by the developer. ORDERED on the motion of Alderman Christensen, seconded by Alderman Walker that the report be received and adopted. No. 655 - City Clerk - Re: Tax Write-Offs. Advising that the Assessment Review Court has spproved a to~al write-off in the amount of $13,613.39; a list of the properties affected is attached to the report. Recommending that the City Treasurer be permitted to strike the taxes from the CollectorIs Roll, ORDERED on the motion of Alderman Walker, seconded by Alderman Smeaton that the report be received and adopted. No. 655 - City Clerk - Re: Appointments to various boards, commissions and connntttees. Providing information regarding the connnittees and the number of appointees required; advising that members of Council will be asked to consider various appointments at the January 13th meeting of Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the report be received and tabled for consideration at the January lath meeting. No. 657 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Walker, seconded by Alderman Christensen that the report be received and adopted. BY-LAWS No. 74-270 - A By-law to authorize the execution of a grant of easement from Niagara South Board of Education. 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 Unanimousl~ ' ORDERED on the motion of Alderman Hunt, seconded by Alderman Smeston that the By-law be now 8ivan a second and third readin8. Carried Unanimously -4- By-laws (tout'd) No.74-271 - A By-law to provide monies for general purposes. ORDERED on the motion of Aiderman 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 Christensen that the By-law be now given a second and third reading. Carried Unanimously NEW BUS INESS LIGHTING AT SODOM ROAD - Q.E.W. INTERCHANGE Alderman Christensenquestioned if lights were to be installed at the Sodom Road - Q.E.W.Interchange stating that it was his understanding that the Region had allocated money for this purpose and all that was required for the work to proceed was a request from the City. The City Engineer replied that the Ministry of Transportation and Communications had not replied to the Cityus request to reconsider the situation at the intersection. Council had also passed a resolution asking the Region to install the lights but, to date, no reply had been received. ALDERMANIC ~EMUNERATION Alderman Christensen suggested that the $3,600. paid annually to members of Council was insufficient. He pointed out that in the Town of Grimaby, with a population of approximately 21,000, the Council meets twice a month and are paid $4,800. per year. The Council of the Town of Fort Erie meets twice a month and is paid the same rate asthe Alderman in Niagara Falls. Alderman Christensen noted there had been no increase in aldermanic salaries for five years and an annual salary of $4,800. would only provide a 54% increase. Several members of Council expressed their views on the proposal. It was then moved'by Alderman Christensen, seconded by Alderman Hunt that Council approve an increase of $1,200. yearly for members of Council and the matter be referred to the 1975 Budget meeting. The motion was Defeated with the following vote: AYE: Aldermen Christensen and Hunt. NAYE: Aldermen Fete, Mann, Keighan; Harrigan, Smeaton, Wallace, Thomson,Walker. NIAGARA pENINSULA CONSERVATION AUTHORITY Alderman Hunt commented on the per capita rate paid by the City to tile Niagara peninsula Conservation Authority and the lack of accomplishment in the Niagara Falls area. He noted that conservation work was being under- taken in Stevensville and the 12-Mile Creek area and expressed the hope that the Authority would undertake a project for Niagara Falls. The Alderman wan also critical of the number of persons who are appointed to the Authority. PROPOSED RACEWAY - SODOM ROAD Alderman Hunt made reference to a proposal relating to the construction of a raceway on the west side of Sodom Road, north of the Q.E.W. The Alderman expressed concern that the race track itself would not become a real~y and the developers were principally interested in the extension of services to increase the value of the land. COt~tENTS OF ALDERMAN HUNT As a token of appreciation for 23 years public service, Alderman Hunt was presented with an ea8y chair end expressed his gratitude to the member.~ of Council for the gift. The Alderman said that although he was retiring from the political field, he promised to "keep his eyes open". He noted that althoug. it has been stated that the former Township of Willoughby is a poor place to live, the area had, in fact, produced four municipal administrators: the City Clerk, J.L.Collinson; J. Saner,Clerk of the To~n of Fort Erie, Charles Oft, Clerk/Treasurer of the Town of Thorold as well as his own son, L~onard Hunt, Clerk/Treasurer, Town of Pelham. He predicted that ,,something'is going to - 5 - happen to Willoughby yet". The Alderman thanked City Staff for their coopera- tion and assistance in the past and said he was happy to have served under the leadership of Mayor Bukator. COMMENTS OF ALDERMAN CHRISTENSEN Alderman Christensen said that he had enjoyed his two-year term of office as a Councillor from Ward 2. He said that City Staff had been very cooperative and expressed appreciation for the assistance given to him. COMMENTS OF ALDERMAN KEIGHAN Alderman Keighan said he will appreciate the opportunity to deal with City officials and City Council in his capacity as a member of the Regional Council. He suggested the new Council give consideration to some type of program whereby the public will have an opportunity to become better acquainted with regional and municipal responsibilities. He requested that the 1975 Council consider the possibility of arranging a meeting to discuss Regional Government with the public, Regional Councillors, members of Council and representatives of the news media in attendance. COMMENTS OF MAYOR BUKATOR His Worship Mayor Bukator recalled some events in Alderman Hunt's life, his generosity and interest in the welfare of others and his willingness at a 11 times to serve the connnunity. He expressed the hope that Alderman Hunt will enjoy good health and continue to serve the City through connnittee work. Mayor Bukator thanked Alderman Christensen for his sincere efforts as a member of Council and commented on the Alderman's periodic reports to the ratepayers in the former Village of Chippaws. Mayor Bukator expressed regret that Alderman Walker had chosen not to seek re-election and was hopeful that both he and Alderman Christensen would return to the Council Chambers some time in the future. The Mayor said be was looking forward to Alderman Keighan's activities as a representative of the City on the Regional Council and indicated that consideration will be given to the Alderman's suggestion regarding a public meeting for tile purpose of discussing and clarifying tile role of the Regional Government. Mayor Bukator also stated that it was his intention to arrange a special seating arrangement for the City's three Regional Councillors so they would be assured of their welcome at the Council meetings and to partici- pate in discussions if they so wished. ADJOURNMENT The meeting adjourned on the motion of Alderman Christensen,seconded by Alderman Fare. READ AND ADOPTED, Mayor