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Minutes1980FIRST MEETING Committee Room #1 January 7, 1980 C0~IITTEE OF THE WHOLE Council met on Monday, January 7, 1980 at 6:30 P.M. in Committee of the Whole. All members of Council were present. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR WAYNE THOMSON Council Chambers January 7, 1980 Council met on Monday, January 7, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman err, seconded by Alderman Fera, that the minutes of the meetings held on December 10th and December 17th, 1979, be adopted as printed. Carried Unanimously. PRESENTATIONS 15011 ANNIVERSARY OF THE OPENING OF THE FIRST WELLAND CA3AL "Mr. William Hamilton Merritt", portrayed by Mr. David MacKenzie, presented the City with a plaque in appreciation of the support providedby the City of Niagara Falls in furthering the special programs and promotions marking the 150thAnniversary of the opening of the first Welland Canal. "William H. Merritt" (1793-1862) founded the first Welland Canal which opened in 1829 and provided a navigable channel around Niagara Falls to link together the greatest · extent of inland waterways in the world. DR. RONALD ZUKER Mayor Thomson presented Dr. Ronald Zuker with a plaque in recognition of his achievements in microvascular survey~ a specialized technique in which a surgeon operates under microscopic conditions. ~lis type of surgery is used -in attaching or re-attaching a severed piece of tissue with its own blood supply to a new site on the body or the site from which it has been accidentally amputated. Dr. Zuker, a former native of Niagara Falls, is presently a member of a three-surgeon replantation and plastic surgery team at the Hospital for Sick Children and St. Michael's Hospital in Toronto. DEPUTATION GREATER NIAGARA TRANSIT CONMISSION - PROPOSED FARE INCREASES Communication No. 1 - Greater Niagara Transit Commission - The communication recommends approval of the following increased fares:"~dults -- from 35¢ to 40¢; Children and Students - from 25¢ to 30¢; and Senior Citizens - from 20¢ to 25¢. Mr. G. Mawere, Chairman of the Commission provided additional information in response to a number of questions raised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the fare increase be approved. Carried Unanimously. -2- UNFINISHED BUSINESS AppOINTMENTS TO BOARDS, COI~tISSIONS & COMMITTEES · Report No. 1 - City Clerk - The report outlines the appointments required for terms commencing in 1980, as well as the names of any persons who have indicated an interest in serving on a particular board, commission or committee- Niagara Falls Public Library Board It was moved by Alderman MacBalm, seconded by Alderman Hinsperger, that Mr. Lewis be re-appointed for the 1980-81-82 term. Carried Unanimously. Niagara Parks Commission It was moved by Alderman Merrett, seconded by Alderman Hinsperger, that Alderman Puttick be re-appointed for the 1980 term. Carried Unanimously. Committee of Adjustment It was moved by Alderman Orr, seconded by Alderman Merrett, that Mr. G. Goult)' P be re-appointed for the 1980-81-82 term. Carried Unanimously. ~ It was moved by Alderman Sobol, seconded by Alderman C,mmings, that Mrs. M. ~ Veall be re-appointed forthe 1980-81-82 term. Carried Unanimously. ~ 'i Property Standards Committee It was moved by Alderman Puttick, seconded by Alderman MacBalm, that Mr. K. An 1 be re-appointed for the 1980-81-82 term, and that Mr. J. Bichanski be appoints to serve the remainder of the 1979-80-81 term to which Mr. J. Ntven had been appointed. Carried Unanimously. .' Niagara Falls Board of Museums It was moved by Alderman Schisler, seconded by Alderman Dilts, that Mr. W. Pai! be appointed for the 1980-81-82 term. Carrie~ Unanimously. Greater Niagara Transit Commission It was move4 by Alderman Schisler, seconded by Alderman Dilts, that Mr- H. Her and Mr. W. Sootheran be re-appointed for the 1980-81 term. Carried Unanimousl Recreation Commission It was moved by Alderman Sobol, seconded by Alderman Wallman, that Mr. G. Fink Mr. N. Ross, Mr. F. Sacco and Mrs. F. Willi~ms be re-appointed for the 1980-8i term; that Mr. H. Finbow be appointed for the 1980-81 term; and that Aldermen C-mm~ugs and Sehisler be appointed for the 1980 term. Carried Unanimously. Niagara Falls Community Centres Board It was moved by Alderman Cheesman, seconded by Alderman Dilts, that b'~yor and the members of Council be appointed as the Niagara Falls Community Centtee Board for the year 1980. Carried Unanimously. Niagara District Airport Commission It was moved by Alderman Cheesman, seconded by Alderman Hinsperger, tha~ Mr. C. Dew, Mr. R. Gerow, lit. J. Merrett, Alderman B. Merrett and Alderman N, 8chisler be re-appointed for the 1980 term, and that Alderman Cummings be appointed for the 1980 tem. Carried Unanimously. Planning & Development Committee Mrs. E, Bearss and Mr. A. Macklem were nominated to fill the vacancy on the ' Committee. It ~ was moved by Alderman Sobol, seconded by Alderman Cheesmen, th~ Hr. A. Yulcklem be appointed for the remainder of the 1979-80 term to which Mr. E. Stewart had been appointed.. Carried Unanimously. . It was moved by Alderman Dilts, seconded by Alderman Hinsperger, that AldermsI Puttick be appointed for the remainder of the19Zg-80 term to which Alderman bad been appointed. Carried Unanimously. ' D~wnto~n Board of Management It was moved by Alderman Merrett, seconded by Alderman O~r, that Mr. K, Gordo': Mr. A, Macklem and Nrs. M. ~pton be appointed to serve the remainder of the 1 -3- 80 term to which bir. G. Burley, Mr. J. Franklin and Mr. J. Niven had been appointed. Carried Unanimously. Finance Committee It was moved by Alderman Dilts, seconded by Alderman Hinsperger, that Alderman Merrett be appointed to the Finance Committee for the 1980 term. Carried Unanimously. Niagara Peninsula Conservation Authority It was moved by Alderman Merrett, seconded by Alderman Schisler, that Mr. F. Petrie be recommended to serve the remainder of the term to which Mr. C. Swayze had ici Niagara. Carried Unanimously. been appointed by the Regional Mum pality of F~.~LOYEE SUGGESTION PLAN Report No. 2 - Alderman D. Dilts - The report recommends that a $25.00 award be made to Mrs. Sandra Cloutlet of the Treasury Department for her suggestion that a system of ropes with portable stands be set up in front of the counter in the Treasury Department, similar to that being used by many banking establishments, to provide batter service to the taxpayers during the busy instalments time. In response to a question raised by Alderman Merrett, Alderman D~lts advised that all employees are aware of the rules and guidelines laid down by the Special Committee concernin~ suggestions. ORDERED on the motion of ~derman Dilts, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. LAND DIVISION COMMITTEE DECISION - POSSIBLE APPEAL B-614/79 FRUITMELT TRUCKING INC. P~port No. 3 - City }~nager - The report recommends that an appeal be lodged against the subject decision by the Land Division Connni~tee in approvin~ the application. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others voting in favour. PROPOSED PLAN NIAGARA ESCAP. PMENT COMMISSION - DEVELOPMENT CONTROL PROCEDURES Report No. 4 - City Manager - The report recommends that the Niagara Escarpment Commission be informed that the City of Niagara Falls does not wish the lands presently under Development Control but now outside the proposed b~ster Plan Area, to be transferred back to City Zoning By-law Control until such time as By-law 79-200 has received Ontario Municipal Board approval. The Planning Director provided additional information in response to a question raised by Alderman Chessman. ORDERED on the motion of Alderma~Sobol, seconded by ~derman Orr, that the report be received and adopted. Carried Unanimously. APPLIC~,TION TO NIAGARA ESCARPMENT COl.°fiSSION FOR A DEVELOPMENT PERMIT, WOODINGTON SYSTEMS INC. Report No. 5 - City Manager - The report advises of an application for a develop- ment permit by Woodington Systems Inc. for permission to relocate existing oil storage tanks and replace existing open storage lagoons with totally enclosed tanks. In response to a question raised by Alderman Schisler, Mayor Thomson advised that the application to the Commission was the same as previously approved by the Ministry of the Environment, and any,change in the proposal would require further approvals from the Ministry. In response to a question raised by Alderman Sobol, Mayor Thomson advised that the application in question deals strictly with oil storage tanks, and not for the storage of liquid wastes. The latter proposal has only been announced recently, and the Municipality has requested additional information on that matter once it is available. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that no further comments be added to those prepared by staff, on the understanding the application is specifically confined to the relocation of existin8 oil storage tanks and open lagoons with totally enclosed tanks. Carried Unanimously. -4- pOSSIBLE APPEALOFLANDDIVISION SEVERANCE B-569/79 JULIUS, LYDIA, KARL & LILLI KLEIN, THOROLD STONE ROAD & BEECHWOOD ROAD Report He. 6 - City Manager - The report reconm~euds that Council confirm the action taken by staff in appealing the Land Division Committee decision to approve the subject application. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 2 - Mr. J. Jackson - Re: Hydrant Relocation. The communication requests that Council consider allowing Mr. Jackson to have his hydrant reloeated, if he pays $350.00 and the City bears all other costs. ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrerr, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 3 - Ministry of Housing - Re: New Planning Act. The communication advises that a series of meetings will be held on the application of the legislation and changes in planning procedures contained in the new Planning Act. ORDERED on the motion of Alderman Sobel, seconded by Alderman theeamen, that the communication be received and filed. Carried Unanimously. No. 4 - Niagara South Condomiuium Corporation No. 5, Park View Estates - Re: Adjacent Property. The communication requests assistance in having certain remedial work done on property adjacent to the Condominium property. ORDERED on the motion of Alderman 8obol, seconded by Alderman Fete, that the communication be referred to staff for the preparation of a-report. Carried Unanimously. No. 5 - Niagara Frontier Humane Society - Re: Service in 1980. The communicatiof advises that the Society will continue to offer the same calibre of service as delivered in 1979, that the service incurred a deficit in 1979 and operating on the 1979 funding scale until a contract is approved would obviously exceed budgeted costs once more. The communication requests that Council take these factors into account when considering the 1980 budget. ~ ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. REPORTS No. 7 - City Clerk - Re: AM-42/78, Restricted Area By-law 79-53, J.A.C.K. Holdings - Proposed Motel on Northeast Comer of Stanley Avenue and Spring Street. The report advises that the Ontario Municipal Board has appointed Monday, February 18, 1980 at 11:00 a.m. in City Hall Council Chambers for the hearing of all parties interested in supporting or opposing the subject application. ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobel, that the report be received and filed. Carried Unanimously. No. 8 - Planning & Development Committee - Re: AM-24/79, F. Plague, 6430 Montrose Road. The report recommends that Council approve the subject application and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning ' Area as amended and approved by the Minister of Housing. ORDERED on the motion of Alderman Fete, seconded by Alderman Sobel, that the report be received a~d adopted. Carried Unanimously. See Resolution No. 1 See By-law No. 80-4 No. 9 - Planning & Development Committee - Re: AM-28/79, A. & J. Vandenberg, East Side of Moatrose Read. The report recommends approval of the application subject to site plan control and that Council certify by resolution that the application conforms to Official Plan Amendment No. 29 of the Niagara Falls Planning Area as amended and approved by theMinister of Housing. ORDERED on the motion of Alderman Bchisler, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. See Resolution No, 2 See By-laws 80-5 and 80-6 No. 10 - Plannin~ & Develomnent Connnittee - Re: Housin8 forthe Handicapped. -5- The report recommends that Planning staff organize a survey in conjunction with other agencies directly involved with the handicapped people in order to determine clearly what the need is for such special accommodation, and that the Site Plan Technical Committee continue to make builders aware that some "accessible" units might need to be provided by the private housing market and this report be made available to builders upon request. In response to a question raised by Alderman Cun~nings, the Planning Director advised that staff had worked with the Social Planning Council in preparing the report, however since there was no longer any professional staff employed by the Social Pianning Council, the City had ended up working alone in completing the report. The Planning Director further stated that staff have explored the mechanics of the matter, mid will attempt to determine the degree of need for this type of housing. Alderman Puttick commented that there are handicapped persons who are able to take care of themselves, however there is.a lack of housing with the proper facilities designed for the handicapped. Alderman Chessman suggested that the time may have come when the City should be urging the Province to move from the active encouragement stage to the stage of requirement that there be some kind of mandatory provision in certain situations for provision of accommodation for handicapped persons. Following further comment, it was moved by Alderman Sobel, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. VERBAL REPORT - Planning Director - Re: Minor Variance Application, Galco Holdings Ltd., Former Fallsview Motel. The Planning Director advised that an application for a minor variance had been received from Galco Holdings Ltd. for the construction of a 12 storey hotel on the former Fallsview Hotel site. Mayor Thomson indicated that the intention was to remove the existing building and construct the 12 storey hotel. Relief was required from the height and side yard restrictions in the existing zoning. The Mayor further advised that the verbal report wa~ being given for information purposes, and to keep Council advised of all maJOr or controversial development applications. No. 11 - City Manager - Re: Whirlpool Road Bridge and Traffic Restrictions · on Whirlpool Read and Church's Lane. The report recommends ratification of the following action taken by staff: 1) That bridge loading be restricted to a maximum weight of ten tonnes; 2) Traffic restricted toone-way westerly on Whirlpool Road between the Niagara Parkway and Stanley Avenue; 3) Traffic restricted to one-way westerly on Church's Lane from Whirlpool Road to Stanley Avenue; and4) That the consultants (Delcan DeLeuw Cather and Company of Canada Limited) immediately design a temporary supporting structure for placement immediately adjacent to the concrete abutment on the west side of the Hydro Canal. The report also recommends passage of by-laws to effect the above traffic restrictions. ORDERED on the motion of Alderman Schlsler, seconded by Aldermen Fete, that the report be received and adopted. Carried Unanimously. See By-laws 80-7, 80-8 No. 12 - City Manager - Re: By-law to Res}rict the Weight of Vehicles on Bridges on Willedell Road, Gender Road and ,.Miller Pnad. The report recommends passage of a by-law restricting the weight of vehicles on the subject bridges as follows: 1) Bridge over Tee Creek on Willowdell Road - 2 tonnee; 2) Bridge over Tee Creek on Gender Road - 5 tonnee; and 3) Bridge over the Union Marsh Drain on Miller Road - 10 tonnes. ORDERED on the motion of Alderman Sobel, seconded by Alderman theeamen, that the report be received and adopted. Carried Unanimously. See By-law 80-9 'No. 13 - City Manager - Re: Gasoline Storag~ Tanks at Municipal Service Centre. The report recommends ratification of necessary action taken by staff in awarding the supply and installation of gasoline storage tanks at the Municipal Service Centre to Nielsea'a Maintenance Ltd. at a total cost of $15,929.00. Aldelmmn Schisler suggested that staff check with the fuel suppliers to determine if tanks are supplied with the purchase of certain gallonages. Alderman MacBain also advised that there had been a large tank located on property recently purchased by the Transit Commission, and suggested that this possibility could be Xnvesttgated. Following further commexxt, it was moved by Alderman Fera, seconded by Alderman Herrerr, that the report be rcceived and adopted, and further that a report be prepared on~the possibility of obtaining tanks from fuel suppliers. Carried Unanimously. - 6 - Study. The report recommends passage No- 14 - CitJ Manager - Re: Road Needs of an amending agreement with the M.T.C. of a by-l~w to autho~ize the execution to provide for an additional expenditure required to finalire an account with William L. Sears & Associates Limited for the preparation of a Road Needs Study, ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and adopted- Carried UnanimouslY. See By-law No. 80-1C No. 15 - City Manager - Re: Lease of Office Space - Niagara Transit. The report rec~o~ends approval of a revised lease with Niagara Transit at an annual rental of $7,000 for 1980 and $7,400 for the year 1981. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that the report be received and adopted. Carried UnanimouslY. See By-law No. 80-1Z No. 16 - City Manager - Re: Lot 13, Falls Industrial Park Extension. The report reconmends passage of a by-law to authorize an agreement with Antiryes Kalaycioglu and Abraham Aghamanoukian carrying on business in partnership under the firm name of M awl Enterprises Co. respecting the sale of the subject lot. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted. Carried UnanimouslY. See By-law No. 80-1Z~ No. 17 - City Manager - Re: Interim Tax Levy 1980- The report recommends passage of by-laws to authorize the borrowing of $6,000,000; to provide for an interim levy of taxes for the year 1980, and to provide for the collection of interim taxes for the year 1980. The City Treasurer and City Manager provided additional information in response to questions raised. Alderman Sobol suggested that the by-law should be ,to authorize the borro~ of "up to" $6,000,000. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report he received and adopted. Carried Unanimously. · See By-laws 80-1, and 80-.3 No. 18 - City Clerk- Re: Advisory Report. 1) Township of Wainfleet - Re: Regional Niagara Report DEP-1189, Policy for the~ preparation of Survey Plans for Land Dedication. 2) Association of Municipalities of Ontario - Re: Labour Relations Seminars. 3) Regional Municipality of Niagara - Re: 1980 Interim Levy By-law. 4) Family & Childtens Services of the Niagara Regi?n - Re: Clarification of Strike Issues. 5) Ministry of Health - Re: Ambulance Service in Niagara Falls. 6) Brights Wines Limited - Re: Presentation of Commemorat~ve Plaque- 7) Central Mortgage and Housing Corporation - Re: Pilot Workshop - Rehabilitat~ and gpecification Writing. With respect to the letter from the Ministry of Housing, Alderman Cheesma~ suggested that the fact there seemed to be a satisfactory solution to the problem should be made known to the public. Mayor Thomson stated that the matter still has not been satisfactorily resolved, and that the Hospital was still waiting for the second vehicle. Alderman Cheesman suggested that once the matter was resolved, it should be brought to the attention of the publict ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimously. . No. 19 - City Manager - Re: Municipal Accounts. The report recommends paymentI of the municipal accounts. The City Treasurer and City Manager provided additional information regar< Cheques #2968, #3036, #3129, #3130 and #3141 in response to questions raised. ' Alderman Puttick referred to Cheque #2976 for the purchase of batteries a asked what was being done with the batteries purchased. The Alderman stated that between the last several accounts by-laws,.sevaral thousand dollars worth~ of batteries had been purchased, and ' although he had been assured the batte~ were being kept in stock previously, he was becoming a little suspicious about the matter. The Director of Municipal Works Indicated that he would be please~ to prepare a report explaining the purchases, however the Alderman indicated that he would check into the matter himself. ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 1 - FERA- SOBOL - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 80-4 for the rezoning of part of Lots 1 and 2, Plan 94, at 6430 Montrose 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 UnanimouslJ[ No. 2 - SCHISLER - WALLMAN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 80-5 for the rezoning of Part of Lot 4, Concession 7 on the east side of Montrose Road, conforms to Official Plan Amendment No. 29 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously_ BY-LAWS ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-1 - A By-law to authorize the borrowing of up to $6,000,000.00. No, 80-2 No. 80-3 No. 80-4 No. 80-5. No. 80=6 No. 80-7 No. 80-8 ~o. 80~9 No. 80-10 No. 80-i1 No. 80-12 No. 80-13 - A By-law to provide for an interim levy of taxes, - A By-law to provide for the collection of taxes for the year 1980. - 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, and By-lay No, 79-200. (AM-24/79, F. Pingue) - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-28/79, A. & J- Vandenberg) - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. - A By-law restricting the weight of vehicles passing over a bridge on Whirlpool Road. - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Church's Lane and Whirlpool Road) - A By-law restricting the weight of vehicles passing over certain bridges. (Will0dell Road, Gonder Road and Miller Road) - A Byelaw to authorize the execution of an amending agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation and Communications. - A By-law to authorize a lease for part of the new City Hall to Greater Niagara Transit Commission. - A By-law to provide monies for general purposes. - A By-law to authorize an agreement with Antiryes Kalaycioglu and Abraham Aghamanoukian carrying on business in partnership under the firm name and style of "Mavi Enterprises Co.". Carried Unanimousl_Z ORDERED on the motion of Alderman Fare, seconded by Alderman Merrett, that the following by-laws be now read a second and third time: .No. 80-.~ - A By-law to authorize the borrowing of up to ~6~000,000.00. No. 80-2 No. 80-3~ No. 80-6, % -8- No. 8O-5 - A By-law to provide for an interim levy of taxes. - A By-law to provide for the collection of taxes for the 'year 1980. - 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, and By-law No. 79-200. (AM-24/79, F. pingue) - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-28/79: A. & J. Vandenberg) No. 80-6 - A By-law to designate an area of land in the City of Niagara Falls a site plan control area. No. 80-7 - A By-law restricting the weight of vehicles passing over a bridge Whirlpool Road. No. 80-8 - A By-law to amend By-law No. 3790, being a by-law for the regulati0~ traffic- (Whirlpool Road and Church's Lane) No. 80-9 - A By-law restricting the weight of vehicles passing over certain bridges. (Gonder Road, Willodell Road, Miller Road) No. 80-10 - A By-law to authorize the execution of an amending agreement with Her Majesty the Queen in Right of the province of Ontario as repres~ by the Minister of Transportation and Communications- No. 80-11 - A By-law to authorize a lease for part of the new City Hall to Grea! Niagara Transit Cormmission. No. 80-12 - A By-law to provide monies for general purposes. No. 80-13 - A By-law to authorize an agreement with Antiryas Kalaycio8lu and Abraham Aghamanoukian carrying on business in partnership under thai firm name and style of '~4avi Enterprises Co.". -~;.- Carried Unanimous] NEW BUSINESS DOWNTOWN DECAY Alderman Cheesmmn referred to the letter from Mr. D. Cartel of the Downt0~ Board of Management concerning downtown decay, and the fact that this matter w~ be discussed by Council at a future meeting. The Alderman indicated that for many years he had felt it should be left to the market place to determine the necessity for additional commercial development in the City, however as he watched the increase in new and in some cases, completely unused small plazas, he was wondering whether Council should consider some type of limitation on certain types of development. Although it is the developers' dollars being risked in constructing new commercial proposals, such development is having a negative impact on the Downtown business area. Alderman Chessman agreed with Mr. Carrel's letter that it seemed ludricous that Council was spending public funds to study market conditions throughout the City, and at the same time was approving the construction of new facilities indirect competition with the Downtown area when some of the new facilities were not even succeeding themsel~ Hayor Thomson stated that he was concerned about the impact new developme~ was hayins on the Downtown, and indicated that although he was not in favour o~ creating any monopolies, it was time that Council sat down with ,the business people of the City and listened to their problems. The Mayor referred to the fact that a market study was carried out prior to the construction of Niagara Square to determine the need for such a facility, and yet this type of precaution did not seem to be as important as it was previously considered to Alderman Cheesman su8Eested that the Legal Department should be requested to prepare a legal opinion on what options were available to the. City in dealing with this matter. Alderman Puttick referred to several large commercial developments present under consideration by the Planning & Development Connnittee, and suggested that the question of the need for additional commercial floor space in the City should be studied before=hess developments ware deslt with by Council. 9 Mayor Thomson indicated that no approvals had been granted yet for any Of these developments, and suggested that Council deal with the matter of additional commercial development in the City as soon as possible. PARKING ON ST. MARY'S STREET Alderman Merrett referred to a complaint he had brought to the attention of Council previously concerning the parking of cars on St. Mary's Street near the apartment complex on Sinnicks, and advised that the problem was still being experienced by area residents. The Alderman requested that staff check into the matter again. MEETING WITH NIAGARA FALLS, NEW YORK CITY COUNCIL Alderman Merrett suggested that it might be of benefit for the Council to meet with the Council of Niagara Falls, New York occasionally, to discuss matters of mutual interest, since both communities have so much in common with the tourist industry. Hayor Thomson indicated that he meets with the Mayor of Niagara Falls, New York on a regular basis and that the tourist industries of both cities were co-operating extensively. The City Manager also indicated that department heads of both municipalities had met to review various departmental functions on several occasions. Alderman Merrett felt it was commendable that officials of the two cities were meeting periodically, however he was still of the opinion that a Joint meeting of the two councils would be beneficial. FINANCE COMMITTEE Alderman MacBain advised that the Finance Committee would be considering the Capital Budget on January 9th, 1980, and requested that the budget if approved by the Committee, be submitted to Council for approval on January 14th. This would permit review of the operating budget to commence as soon as possible. The Alderman suggested that the City Treasurer provide Alderman Merrett, the new member of the Committee, with copiesof the material to be ~eyiewed at the meeting. PARKING AT NIAGARA FALLS ARENA Alderman Cummings asked if anything had been done about the parking of cars in front of the Niagara Falls Arena. Mayor Thomson advised that the area has been policed more regularly as far as enforcing the parking regulations was concerned. Tickets were being issued for any illegal parking. The Hayor also advised that officials of Nabisco had expressed that their employees would be issued tickets for parking beside the Arena, even though cars could legally park in that area. Alderman Cummings indicated that some' type of pillars with chains had been suggested and asked if this work was going to be done. Hayor Thomson stated that the work was not finalized as yet. M.T.C. PROPERTY AT COMER OF FREDERICA STREET AND DRUMMOND ROAD Alderman Cummings advised that he had received complaints about the littered condition of the M.T.C. property at the corner of Frederica Street and Drummond Road following the recent Highway #420 reconstruction. The Alderman requested that staff contact the M.T.C. in an effort to have the property cleaned up. RAILWAY TRACKS ON SWAYZE DRIVE ' Alderman Cuenings stated that the railway tracks on Swayze Drive were in very bad condition and asked if any remedial work had been done on the crossing. Alderman Merrett indicated that repairs had been carried out earlier, however the crossing had deteriorated again. Alderman Cummings requested that staff check into the matter again. BRIDGEWATER STREET Mayor Thomson referred to the tragic fatal accident that had occurred duriu8 the Christmas holidays, where two persons had been killed when their car had gone out of control at the curve on Bridgewater Street and had plunged into the Welland River. The Mayor co~lnended the Fire Department unde~ater team that had worked under such adverse conditions in trying to locate the vehicle in the River. Mayor Thomson advised that when he had been on the site, several individuals had approached him requesting that something finally be done to prevent future accidents. Although the roadway is onder the Jurisdic of the Region, it is planned to transfer ownership to the Niagara Parks Commi so that the Commission will have one continuous roadway along the River. The Mayor advised that the Region had been requested to install guard rails in tk area a number of months ago, however the Region did not feel this action was warranted. Mayor Thomson felt that the Region and the Niagara Parks Commissil should be made aware of Council's concern, and requested to install the neces! protective devices. The Mayor also suggested that consideration could also given to making Bridgewater Street one way in the opposite direction continuiz~ up Main Street, and this way it would not be necessary to install devices aloz the Parkway. Alderman Dilts stated that while there are other areas along the Parkway with no guard rails, th~s areais particularly dangerous because the River is quite deep near shore at this point. Alderman Puttick, Couneil's representative on the Niagara Parks Commissi indicated that he would bring the matter up at the next Commission meeting. Following further comment, it was moved by Alderman Cheesman, seconded Alderman Sobol, that the Region and the Niagara Parks Commission be requested to install protective barriers on Bridgewater Street, and further that conaid be given to the possibility of changing Bridgewater Street traffic to one-way' in a southerly direction. Carried Unanimously. It was moved by Alderman Chessman, seconded by Alderman Fera, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, J~.~.'COLLINSON'~i MAYOR WAYNE THOMS0i SECOND MEETING January 14, 1980 Council Chambers SPECIAL MEETING Council met on Monday, January 14, 1980, following a meeting of the General Committee. All members of Council were present with the exception of Aldermen Orr and Sobol. His Worship, ~yor Thomson presided as Chairman. REPORTS No. 20 - City Manager - Re: Site Plan Approval - Holiday Inn, 5339 Murray Street. The report recommends approval of the subject plan as submitted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 21 - City Manager - Re: Whirlpool Road Bridge - Load Limit. The report recommends (a) That Council approve the reduction of permissable load on Whirlpool Road Bridge over the HEPC Canal to a maximum of five tonnes limit; (b) Passage of the appropriate by-law; and (c) Approval to erect barricades over the southwesterly portion of the bridge deck and approaches. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 22 - City Manager - Re: Purchase of Snow Plows and Sander Units. The repbrt recommends that permission be granted to obtain formal quotations and purchase one 96" wide snow plow complete with harness and installations suitable for pick-up truck mounting, and also for the purchase of one small tailgate sander installed with a capacity of 600 lbs. material also suitable for pick-up truck mounting. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted. The motion Carried with Alderman Puttick abstaining on a conflict of interest, and all others voting in-favour. No. 23 - City Manager - Re: Quotations for the Purchase of New Power Equipment. The report recommends the purchase of one four-wheel drive pick-up truck from Autoland Chrysler and the purchase of one four-wheel pick-up as submitted by Paul Foy Limited. Alderman Schisler felt the amounts quoted were too high for the purchase of 1979 trucks.' ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted, The motion Carried with Alderman Puttick abstaining on a conflict of interest, Alderman Schisler voting contrary, and all others voting in favour. RATIFICATION OF GENERAi COMMITTEE SESSION ITEMS NIAGARA PARKS COMMISSION TRAFFIC STUDY It was moved by Alderman Chessman, seconded by Alderman Merrett, that the City' of Niagara Falls participate in a special committee to be formed to study the effects of the Niagara Parks Commission Master Plan for Traffic Improvements in Queen Victoria Park, and that the City representatives on the Special Committee be determined at a later date. Carried Unanimously. CITY OF NIAGARA FALLS SANITARY LANDFILL SITE It was moved by Alderman MacBain, seconded by Alderman Merrett, that the suggested contents for a solid waste disposal by-law be tabled for two weeks to allow input from interested individuals on the proposed contents of the by-law; that individuals previously expressing an interest in the subject be forwarded a copy of the suggested contents; and that a suitable notice'be placed in the news media indicating that the matter will be considered at the January 28th 1980 General Committee session. Carried Unanimously. 1980-1984 CAPITAL BUDGET It was moved by Alderman FmcBain, seconded by Aldermen Merrett, that the 1980-1984 Capital Budget~ be adopted as submitted, 'Carried Unanimously, -2- IMPOSITION OF SPEED LIMITS ON THEWELLAND RIVER It was moved by Alderman MacBain, seconded by Alderman Merrett, that Council pass a resolutioD requesting the Ministry of Natural Resources to prepare a recowanendation to the Department of Transport in Ottawa that a speed limit of 8 miles per hour (13 km) be imposed on that section of the Welland River from the mouth of the Welland River to the westerly limits of the Greater Niagara Boating Club property; and that the appropriate authorities be contacted for permission to have warning signs erected on both the Weightman Bridge and Railroad Bridge to discourage the practice of diving or Jumping from the centre span of the bridge into the water; that signs be erected on both bridges asking boaters to use the centre span when moving under same. Carried UnanimouslY. RESOLUTIONS No. 3 - MERRETT - CUMMINGS - RESOLVED that the quotation submitted by Autoland Chrysler Ltd. in the amount of $8,078.50 for the supply of one four-wheel drive pick-up truck be accepted; AND the Seal of the Corporation be hereto affixed. Carried with Aldem puttick abstaining. a conflict of inter No. 4 - MERRETT - CUMMINGS - RESOLVED that the quotation submitted by Paul Foy Limited in the amount of $8,042.84 for the purchase of one four-wheel drive pick-up truck be accepted; AND the Seal of the Corporation be hereto affixed. Carried with Alder~ Puttick abstaining a conflict of inter'4 Alderman Schisler contrary, and all voting in fayour No. 5 - PUTTICK - CHEESMAN - RESOLVED THAT WHEREAS concern has been expressed over the possible danger [o swimmers due to the excessive speed of boats in tht, Welland River; THEREFORE BE IT RESOLVED that the Ministry of Natural Resources be requested to make application for the establishment of a thirteen kilometer per hour speda limit under the regulations of The Canada Shipping Act to apply to that portiol4 of the Welland River f~om the mouth of the Welland River to the westerly limit{~ of the Greater Niagara Boating Club property; AND BE IT FURTHER RESOLVED that the Municipality assume responsibility for the~ erection and maintenance of signs; AND the Seal of the Corporation be hereto affixed. ~ i Carried Unanimousl] BY-LAW ORDERED on the motion of Alderman Chessman, seconded by Alderman ttinsperger; that leave be granted to introduce the following by-law, and the by-law be a first time: No. 80-14 - A By-law restricting the weight of vehicles passing over a bridge on Whirlpool Road. Carried Unanim0us ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the following by-law be now read a second and third time: No. 80-14 - A By-law restricting the weight of vehicles passing over a bridge~ on Whirlpool Road. Carried Unanimaus~ NEW BUSINESS FINANCE CO~4ITTEE Alderman MacBaiu aunounced that the Finance Committee meeting would be held on Wednesday, January 16s 1980 at 4100 p.m. to discuss the operatin8 bud2et. Alderman Puttick indicated that he would be unable to attend on that date, and asked If the meeting date could be changed. Mayor Thomson advised -3- that only those portions of the budget dealing with water distribution, parking and recreation would be discussed at the meeting and not the entire budget. PROPOSED DEVELOPMENT - BUCHANAN AVENUE AND STANLEY AVENUE The City Manager referred to an application for a proposed hotel development at the corner of Buchanan Avenue and Stanley Avenue which was to be processed through the Committee of Adjustment. Council was advised of the application at the previous meeting, however since that time, the owner has decided to proceed with the development as a zoning amendment rather than process the application through the Connnittee of Adjustment. VACANT PROPERTIES Alderman Merrett stated that he had received a number of calls from residents regarding vacant houses at 4570 Lee Avenue and 5951 Dunn Street. The dwellings have become very run down, and weeds on the lot are very high. The Alderman requested staff to check into the complaints. REGIONAL HEADQUARTERS Alderman Cummings commented that while he was very disappointed over the decision made by Regional Council to locate the new Regional Headquarters in Thorold, he wished to commend Mayor Thomson for his many efforts in attempting to have one of the Niagara Falls sites chosen. Alderman MacBain asked if there might still be some chance for one of the Niagara Falls sites to be chosen, since there would be certain unknown expenditures involved in the Thorold site. Mayor Thomson stated that the Region did have the costs for servicing and land acquisition when the decision was made. Alderman MacBain pointed out the figures quoted were only estimates and that the amounts could change substantially by the time services are actually installed. Mayor Thomson stated that a great deal of work was done by the City in presenting the three sites, and there had been no question that at least two of the sites were excellent and should have been chosen. The Mayor stated that although the Thorold site was a good location, the decision to choose that site had been a political decision. With respect to the possibility of the City objecting to the Thorold site, Mayor Thomson stated that he would feel very foolish going back to Regional Council at this point, and would likely receive little support for an attempt to re-open the matter. The Mayor did however state that should the costs for the Thorold site increase substantially, or if any change was made from what had originally been proposed, he would object most strenuously. In response to a question raised by Alderman Puttick, Mayor Thomson stated there was no urgency in dissolving ~he reserve being held for the City~s proposed sites. Alderman MacBain stated that according to the press coverage of the matter, the vote taken to choose the Thorold site had been done by secret ballot. Ac- cording to the Alderman's understanding otmunicipal law, any vote taken by ballot or any other method of secret voting was of no effect. Mayor Thomson pointed out that a formal motion was made following the vote by ballot which may clear up any legal question as far as the secret ballot was concerned. Alderman MacBain felt that if the members of Regional Council had voted in favour of the Thorold site believing the secret ballot vote to be legal, that vote could be considered to be of no effect as well. Alderman Puttick stated that an Ontario Municipal Board hearing may be required as a result of citizens questioning the expenditure for acquisition, servicing and construction of a building on the Thorold site. If the illegality of the secret ballot was brought out at that time, the Board could order the Region to repeat the process of choosing a site. Mayor Thomson stated that he would quietly investigate the matter and talk with the Regional Chairman. The Mayor doubted his efforts would make any difference in the choise at this time, however he did agree an Ontario Municipal Board hearing could change matters. Alderman Cummings asked the Mayor if he felt there was enough support for one of the Niagara Falls sites to be chosen. Mayor Thomson explaiued that the City could count on no support from St. Catharines, which would support either Thorold or Niagara-on-the-Lake, or any site except one in Niagara Falls. The votes from St. Catharines~ Thorold and Niagara-on-the-Lake were a .substantial factor in the final decis~on. -4- IC was moved by Alderman Cheesman, seconded by Alderman MacBain, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, O~INSSN; aI~Y'C~,EL: ~YO~ ~AYNE THOMSON THIRD MEETING Committee Room #1 January 21, 1980 COMMITTEE OF THE WHOLE Council met on Monday, January 21, 1980 at 6:30 p.m. in Committee of the Whole. All members of Council were present· Alderman Wallman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~ AA a A READ ANDADOPTED, L ~A~4~'~'~ J~.~.'COLLINSON, CITY CLE~" sm Council Chambers January 21, 1980 Council met on Monday, January 21, 1980 at 7:40 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Marrett offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the minutes of the meeting held on January 7, 1980, be adopted as printed. Carried Unanimously. PRESENTATIONS PRESENTATION OF ACHIEVEMENT AWARD TO MR. JOHN MACBAIN His Worship, Mayor Thomson presented an Achievement Award to Miss S. MacBain, accepting on behalf of her brother John MacBain. Mr. MacBain, son of Alderman and Mrs. A. MacBain, is the first student from a City school to win a Rhodes Scholarship. Mayor Thomson advised that two hundred and twenty individuals from around the world are chosen each year for this honour, and John MacBain was one of two chosen from the Province of Quebec. Mr. MacBain will receive a scholarship to attend Oxford University j. n England, following which he plans to attend HarvardUniversity in Boston. PRESENTATION OF ACHIEVEMENT AWARD TO MRS. DOROTHY MILLER His Worship, Mayor Thomson presented an Achievement Award to Mrs. Dorothy Miller, a sixty-eight year old speed skater, who won gold medals in the 200 and 500 metre speed skating competition at the Senior Olympics in Lake Placid, New York. PRESENTATION TO FIRE CHIEF S.C. THOMSON Constable John Hodgson, President of the Greater Niagara Safety Council, presented Fire Chief S.C. Thomson with a plaque in recognition of his work in fire prevention. City Council was advised that the Niagara-Falls Fire Department does more safety work in the schools than any other municipality in the Region. DEPUTATIONS GREATER NIAGARA TRANSIT CO}~IISSION Communication No. 6 - Greater Niagara Transit commie~slop.- The communication presents the statement of affairs of the Commission for the year ended December 31, 1979. -2 - Communication No. 7 - Niagara Chair-A-Van - The communication presents the Mr. G. Mowers, Chairman of the Commission, provided additional informer in response to questious raised by members of Council. ORDERED on the motion of Alderman MacBain, seconded by Aldennau Cummings, the communications be received and filed. Carried Unauimously. UNFINISHED BUSINESS GROUP HOMES Report No. 24 - Planning & Development Committee - The report recommends the the Province be informed the City needs to carry out further study on the ma of Group Homes before any final decision can be made regarding acceptability of such homes in the City, and that Planning Staff be instructed to prepare an amendment to the zoning by-law to prevent the possibility of Group Homes being established without consideration of specific Zoning Amendments during this interim period until the aforementioned study has been completed and recommendations approved by Council. Alderman Cheesman requested that members of the Planning & Development Committee, Council and the conmunity approach this matter with a good deal broad mindedness and generosity. The ~/derman felt it would be regrettable if through the application of strict residential zoning regulations, some venture in group homes was shut out. The Planning Director advised that he felt it would be advisable for th Committee and Council to meet with the other groups involved, so that a full understanding of such proposals would be available prior to making a decisio ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that~ the report be received and adopted. Carried Unanimously. KINGSWAY MOTEL AND REGIONAL URBAN BOUNDARIES Report No. 25 - City Manager - The report advises that a further meeting with Regional Officials will be required to dincn~'theICtngnway Motel as it is affected by the Regional Urban Boundaries. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the report be received and filed. Carried Unanimously. POSSIBLE STREET NAME CHANGE - PORTAGE ROAD Report No. 26 - Planning Director - The report advises that a meeting has be~ set for Friday, January 25, 1980 of the Street Name Committee, at which time~ the request from the N.R.T.A. for a street name change for Portage Road will. be considered. OREEKED on the motion of Alderman Fore, seconded by Alderman Cummings, ,that the report be received and filed. Carried Unanimously. TAR COLLECTING PROCEDURES Report No, 27 - City Manager ~ The report provides information in respouse questions raised by Alderman Schisler on the tax collection procedure, and t advises that the Finance Committee supports the present collecting policy. Alderman Schisler stated that the information Contained in the report differed from the information he was given by the taxpayer in question, as far as dates were concerned. The Alderman also stated that the second lette" sent had not even been signed, and commented that if he had received an unsigned letter, he would have disregarded it. In response to a question raised by Alderman Schisler, the City Treasu~ stated that no court Proceedings had been commenced against any property own: with taxes in arrears. Following further comment, it was moved by Alderman Hinsperger, seconde' by Alderman Merrett, that the report be received and filed. Carried Unanimo1 CO~fONICATIONS No. 8 - Canadian Lea ue for the Liberation of Ukraine - Re: 62nd ~nntversar of the Declaration o~Ukralntan Independence. ~ne comunicatton requests -3- permission to fly the Ukrainian National flag alongside the Canadian flag at City Hall for the one week commencing January 22, 1980. ORDERED on the motion of Alderman MacBain, seconded by Alderman Fera, that the request be approved. Carried Unanimously. No. 9 - Mr. S, Shaw - Re: "To Help A Child's Heart Beat" Campaign. The communication requests a contribution for the subject fund raising campaign. Alderman Cheesman requested to that some background information on the request be provided for the assistance of the Finance Committee in reviewing the matter. ORDEKED on the motion of Alderman MacBain, seconded by Alderman Merrett, that the communication be referred to the Finance Committee. Carried Unanimously. No. 10 - Mr. J. Robert Boxma - Re: Cornwill Investments Limited and Bonnington Heights Limited. The communication advises that the subject firms wish to be on record as objecting to the passage of any by-law, the approval of any plan of subdivision or the issuance of any building permit for any development that must drain into Shriner's Creek through their lands until such time as a satisfactory drainage scheme is devised to their satisfaction. The conm~unication also advises that should the Council entertain any applications for zoning or approval of such lands as would drain into Shriner's Creek, the letter is to be taken. as a request to be notified of such matters. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Sobol, that the communication be referred to the Legal Department for the preparation of a report. ~arried Unanimously. No. ll - Ontario Mayor's Committee for Canadian Unity - Re: People to People Petition for Canadian Unity. The communication requests endorsation of the People to People Petition for Canadian Unity. Mayor Thomson stated that the purpose of the petition was to indicate to the citizens of Quebec that the rest of Canada wishes to have them remain as a part of the Canadian national picture. The Mayor also indicated that the petition could he referred to the Niagara Falls Hydro CommisSion since a portion of the communication dealt with utility commissions. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the petition be endorsed, and further that notification of the endorsation be sent to the Niagara Falls Hydro Commission. The motion Carried with Alderman Chessman voting contrary, and all others voting in favour. No. 12 - Association of Municipalities of Ontario - Re: 1980 Membership. The communication advises of the 1980 membership fee of $1,847.20. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the 1980 membership fee be approved. Carried Unanimously. No. 13 - City of Thorold - Re: 1980 Olympic Games. The communication requests endorsation of a resolution petitionlog the Canadian Olympic Commission and the Government of Canada to give serious consideration to boycotting the Olympic Games in Moscow to protest the Soviet military intervention in Afghanistan. Various members of Council expressed their opinions on the question of boycotting the Games, or at least having the Games moved to another country. Following a continued discussion on the matter, it was moved by Alderman Fera, seconded by Alderman Cummings, that the resolution of Thorold be endorsed. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cummings, Dilts, Fera, Hinsperger, MacBatn, Merrett, Orr, Puttick and Sobol. NAYE: Aldermen Schisler and Wallman. No. 14 - Federation of Canadian Municipalities - Re: Request for Resolutions for 1980 Conference. The communication advises that any resolutions the municipality wishes to submit for the 1980 conference, must be received in the F.C.M. national office by March 3, 1980. Mayor Thomson provided additional information in response to a question raised by Alderman Cheesman. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. No. 15 - Ministry of Intergovernmental Affairs - Re: Rainbow and Whirlpool Rapids Bridges. The communication advises that the Province is reviewing the matter of provincial payments made in respect of the subject bridges in consultation with the Govermment of Canada. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the communication be received and filed. Carried Unanimous17. . .... 4 - 4 - No. 16 - Boy Scouts of Canada - Re: 1980 Scout Apple Day. The com~untcation requests permission to conduct its 1980 Apple Day in Niagara Falls on May 23 and 24, 1980. ORDERED on the motion of Alderman Marrett, seconded by Alderman Orr, that the request be approved, Carried Unanimously- No. 17 - Ministry of the Attorney General - Re: Vandalism. The communication advises that the Ministry in co-operation with Metropolitan Toronto and the City of North York has established a provincial/MuniciPal study of vandalism- Mayor Thomson felt that the problem of vandalism should be referred to staff, particularly the Parks Department to come in with information on the extent of vandalism on City property, and possible recommendations on means of discouraging or eliminating the problem. Alderman Cummings suggested that the matter also be referred to the Recreation Commission and the Social Planning Council for input. ORDERED on the motion of Alderman Cummings, seconded by Alderman MacBain, that., the communication be referred to City staff, the Recreation Commission and the Social planning Council for the preparation of a report. Carried Unanimously- No. 18 - Olympia Motel - Re: Street Lighting on Centre Street. The communicati~ requests that Council include the completion of the Centre Street lighting in the 1980 budget. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the communication be referred to staff for the preparation of a report. Carri____eZ' Unanimously. REPORT~ No. 28 - Recreation Conmission - Re: Oakes Park Running Track. The report recommends that snow not be removed from the Oakes Park running track and that the cost of lights for the track be considered in the 1980 Parks Department budget. , ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the report be received and adopted, and further that a copy be forwarded to Mr. E, Shetar. Carried Unanimously. No. 29 - Planning & Development Committee - Re: AM-2/80, Bomdal Investments Ltd., South Side of Murie Street. The report recommends approval of the appli-f cation, and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amends and approved by the Minister of Housing. Mayor Thomson conmended the Business & Industrial Growth Agency for the manner in which the application had been handled. While there could have been objections from surrounding property owners, public meetings.,Were called, and full explanations were provided on the project. ORDERED on the motion of Alderman Fore, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. See By-law No. 80-1 No. 30 - City Manager - Re: AM-26/79, D. & J. Cournoyea, 3456 Portage Road. The report advises that the applicant is presently in the process of preparing plans on the basis of what the Region rill require in terms of site access, the location of which will determine the development of the site. ORDERED on the motion of Alderman Orr, seconded by Alderman Fara, that the report be received and filed. Carried Unanimously. No. 31 - City Manager - Re: Policy for Limiting the Number of Extensions given to Draft Plan Approvals. The report reco~ends that effective immediately, all rquests for recomendations to the Ministry of Housing for an extension of draf plan approval be accompanied by a full explanation containing the'reasons for the requested extension. ORDERED on the motion of Alderman Chessman, seconded by Alde~man Dilts, that the report be received and adopted. Carried Unanimously. No. 32 - City Manager - Re: Balmoral Court Subdivision, The report recommends that the City advise the Ministry of Housing it has no objections to a six months extension of draft plan approval of the subject plan to July 26, 1980. ORDERED on the motion of Aldemnan Sobol, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 33 - City ~anaZer - Rat Ascot Woods Stage 2 Subdivision. The report reco~ -5- that the Ministry of Housing be advised the City has no objection to a one year extension of draft plan approval of the subject plan to March 30, 1981. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 34 - City Manager - Re: Moretta Estates Subdivision. The report recommends that the Ministry of Housing be advised the City has no objection to a one year extension of draft plan approval of the subject plan to February 17, 1981. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 35 - City Manager - Re: 1980 Tenders. The report recommends that permission be granted for the calling of tenders for certain services, equipment, materials and clothing which are required by various civic departments for their operation during 1980. In response to a question raised by Alderman Chessman, the City Manager advised that batteries are purchased on a quotation basis at different times during the year. Alderman Puttick advised that he was still checking into the matter. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 36 - City Manager - Re: Proposed Sanitary Sewer on Moatrose Road Westerly from Niagara Square Blvd.- 1979 Capital Budget. The report recommends passage of a by-law to authorize an agreement with certain property owners providing for payment of a portion of the construction costs and granting of such permanent and temporary easements as required to accommodate the proposed sewermain. In response to a question raised by Alderman Schisler, the Director of Municipal Works advised that the cost of construction would be approximately $30,000. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 37 - City Manager - Re: Consolidated Airport Area Drainage System. The report recommends: 1) That amounts to be assessed against properties ih the City for the works authorized by By-law 841-78 as amended by By-law 963-79 totalling $6,313.95, be paid to the Town of Niagara-on-the-Lake and that the owners liable for the special drainage rates contained in the aforesaid by-law be notified of their proportionate charges; 2) That all special assessments of $50.00 or less be paid by the owners in 1980; 3) That the owners who are assessed for more than $50.00 be given until April 1, 1980 to pay the whole of their special assessment in cash, if they wish to commute. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-law 80-17 No. 38 - City Manager- Re: 1980 Parking Budget. The report recommends approval of the 1980 Parking Budget as presented. Mayor Thomson. provided additional information in response to a question raised by Alderman Orr. ORDERED on!the motion.of Alderman Schisler, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 39 - City Manager - Re: Water Rates. The report recommends that Council adopt the amending by-law appearing on the agenda that increases water rates ]jy 7% effective June 1, 1980. ORDERED on the 'motion of Alderman MacBain, seconded by Alderman Sobol, that the-report be received and. adopted. Carried Unanimously. See By-law No. 80-18 No. 40 - City Manager - Re: Water Supply System 1980 Operating Budget. The report recommends that Council adopt the 1980 Water Supply System Operating Budget as presented, ORDERED on the motion of Alderman MacBain, seconded by Alderman Cummings~ that the report ..be received and adopted. Carried Unanimously, No. 41 - City Manager - Re: Proposed Mingle Subdivision,. The report recommends preliminary approval of the proposed plan of subdivision subject to five conditions. ORDBRED on the motion of Alderman Fera, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously, -6- No. 42 - City Manager - Re: Whirlpool Road Bridge. The report recommends: 1) That Council approve the closure of Whirlpool Road from Niagara Parkway to Stanley Avenue and Church's Lane from Stanley Avenue to Whirlpool Road; 2) Passage of a by-law to provide for the necessary road closings; 3) That the above mentioned roads remain closed until the installation of shoring and Jacking systems (approximate period of eight weeks); and 4) That the interim solution of opening the bridge earlier by the installation of prefabricated steel towers not be approved. In response to a question raised by Alderman Cunmings, the Director of Municipal Works advised that the City has not received the actual report of the consultant as yet. A soils investigation firm was given the concrete testing work, and had called and advised the City to close the bridge immediately due to the concrete being far below standard. It was indicated that copies of the report from the consultant, once available, would be supplied to Council. Alderman Sobol asked if there would be any danger in re-opening the bridge with the use of prefabricated steel towers as outlined in the report. The Director of Municipal Works advised that such measures would reduce the danger since the weight would be taken off the weak column. The bridge would still have to be reduced to one lane of traffic with a limit of five tonnes, and because of the cost of renting the temporary supports, it was not felt such measures were warranted. Alderman Dilts felt that motorists would not heed the load limit on the ~ bridge if it were allowed to remain open, and for that reason, the danger ~ factor would remain. The Alderman felt the bridge should remain closed until/ the consultants reports are available. Additional information was provided in response to further questions ~ raised by members of Council. Following further discussion, it was moved by Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 43 - City Manager - Re: M.E.A. Annual Meeting. The report recommends that two Egnineers from the Municipal Works be authorized to attend the subject Annual Meeting to be held in Toronto during Februby, for two days. Alderman Dtlts noted that one of the items to be discussed during the Annual Meeting was "Occupational Health and Safety Act, 1978 - Regulations", and commented that this m~tter is of great importance to the Municipality. The Alderman felt that it would be well worth the expenditure for the City to send one of its safety personnel to attend the discussion on this most important legislation. Alderman Puttick indicated that he was attending the Ontario Good Roads Association conference which is to be held in conjunction with the M.E.A. annual meeting. Since staff had recommended that attendance be limited to t~ days in line with financial restraints, the Alderman offered to reduce his attendance to two days so that the professional staff members could attend for three days instead. Following further comment, it was moved by Alderman Schisler, seconded by Alderman Chessman, that the report be received and adopted, with the amendment that a member of the Cityts safety personnel be permitted to attend~ the discussions on the Occupational Health and Safety Act, 1978 Regulations. Carried Unanimously. No. 43A - City Manager - Re: Request of Kenmore Construction - "Kingsview Subdivision". The report recommends that the request of Kenmore Construction to develop the proposed Kingsview Subdivision on a staged basis, be approved on the understanding that the first stage of development will include the construction of Barbara Drive, together with the installation of the required storm sewer, and that the subdivider's agreement reflect the decision of the City Council with respect to the new drainage policy presently being prepared ORDERED On the motion of Alderman Chessman, seconded by Aldemnan Cummings~ th the report be received and adopted. Carried Unanimously. No. 43B - City Manager - Re: Municipal Errors and Omissions Insurance. The report recommends that the City of Niagara Falls indicate its approval of the' additional premium in the amount of $700.00 to provide additional coverage in the policy which covers members of the City Council and employees of the City its Boards, Commissions and special purpose bodies. ORDERED on the motion of Alderman NacBain, seconded by Alderman Cunnings, ths the report be received and adopted. Carried Unanimously. · .... 7 -7- No. 43C - City Manager - Re: Recognition of Prominent Citizens. The report suggests that members of Council notify the City Clerk's Department of the names of any persons to be considered for future recognition. ORDERED On the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimously. No. 43D - City Manager - Re: 1979 Tax Collection. The report provides a breakdown of the tax collector's roll for 1979 along with a statement of tax arrears as a percentage of tax levy both with comparisons to 1978. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. No. 43E - City Manager - Re: 1979 Local Improvement Program. The report recommends that Item 3 of Schedule "A" of proposed Local Improvement By-law No. 79-221, be deleted from the by-law in view of the receipt of a sufficiently signed petition objecting to the undertaking of construction of asphalt pavement, curbs and gutters and storm drains on Balmoral Avenue, and application be made to the Ontario Municipal Board for approval of the remaining works. . ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. See Resolution No. 7 See By-law No. 79-221 No. 43F - City Manager - Re: Sale of Unopened Portion of McCredle Road, Former Township of Willoughby. The report recommends that the unopened portion of the McCredie Road allowance be closed and conveyed to Dmytro Zapisznij and Anna Chli~niak at a cost of $1,700.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 44 - City Manager - Re: Non-Union Salaries. The report recommends that non-union salaries for 1980 be set at this time as follows: Levels SC.1 to SC.5 8½% across-the-board increase, Levels ES.1 to ES.6 8½% across-the-board increase; Levels ES.7 to ES.12 - 8% across-the-board increase; and Levels ES.13 toES.18 - 7½% increase. Mayor Thomson requested the Personnel Officer to provide an explanation in response to a recent newspaper article stating that the City Manager would receive a 14% salary increase. The Personnel Officer advised that the intent of the recommendation given to Council in Committee of the Whole was to apply a 8½% increase to'the salary of the City Manager. The mistake that had occurred was through an inadvertent figure put into the schedule which appeared to indicate that there was a 14% differential. The Personnel Officer stated that Council had been quite clear that it was recommending a 7½% increase in salary for the City Manager, and that was the increase that would have been paid to him. Mayor Thomson confirmed that his impression of the Committee of the Whole discussion on non-union salaries was that at no time was a 14% increase ever mentioned, nor was there any suggestion that the City Manager's salary be considered separately from the other non-union salaries. It was moved by Alderman Puttick that the~eport be tabled. In making ~he motion to table, Alderman Puttick advised that he intended to do everything in his power to revise the system of salary increases to non-union personnel. The Alderman felt salary increases should be granted by merit and not by straight percentages. It was pointed out that using a straight percentage, an employee at the top range of the salary schedule would receive as much as three times the cash amount given to an employee at the lower range of the ~chedule. The Alderman did not agree with the argument that the differential between management and union must be maintained. Alderman Dilts indicated that he would second the motion to table in order to allow more discussion of the matter. The Alderman suggested that a survey should be prepared of salaries paid throughout the Region in order to arrive at a fair remuneration. Alderman MacBain stated that he was not opposed to tabling the report, as long as there was no misunderstanding that Council was tabling the report because of the incorrect press reports indicating a 14% increase would be granted to the City Manager. The Alderman stated that his under~tanding was very clear following the Committee of the Whole meeting, that a sliding scale increase would be granted to non-union employees. Alderman MacBain felt it was possible Council should take more care in the fixing of. non-union salaries, and that it was only fair the non-union personnel be allowed to make a submission to Council as union employees do. Alderman Merrett agreed that .Council should allow non-union employees to present their feelings on the subject of salary increases. l!I -8- Alderman Cheesman commented that there had been no confusion on the part of Council when discussing salary increases. The report had been prepared outlining the Increases recommended by Council on the Friday the article had appeared in the press, and the information would have become public record. Alderman Chessman suggested that in future, the press should check their information prior to printing articles, especially editorials, based on part or misinformation. The Alderman also agreed that Council's agreeing to table the report should not be considered an indication that Council was unsure of the decision made previously, or that such action was a result of the press coverage given on the matter. With respect to non-union salaries, Alderman Cheesman pointed out that during the past five or six years, union employees have made gains of 30% to 35% in salaries, while middle and top management employees have received one third less that gain by percentage. While the Alderman did not feel all levels should be given the same percent increases, he did feel that Council should review the differentials since some of the higher levels might be losing considerable ground. Alderman Fera stated that he had completely understood the decision Coun had in Committee of the Whole as he 'was sure all other members of Council had The Alderman commented that Council discussed three topics in Connnittee of th Whole - personnel, property and legal matters, and that Council was within it~ rights to do so. Alderman Fera felt the fact information considered in camera had been given to the press had been embarrassing and would not affect the community in a positive way. The Alderman stated that he would not blame other members of Council from refraining from voting in Committee of the .Whol~ as Alderman Schisler has done for some time. Alderman Orr also felt the leakage of confidential information had been embarrassing and suggested that such situations would not occur if the press were allowed to attend in-camera sessions. With respect to salary increases,~ Alderman Orr stated that he did not agree with all of the increases, and stressed that government spending must be controlled at all levels. Aldermac' Orr felt that the City should listen to the outside market when determining salaries. With respect to the suggestion of press attendance at in-camera meetings, Mayor Thomson advised that this invitation had been extended to the~ press, however the press would not attend if they could not print the information they obtained during such meetings. Alderman Hinsperger advised that he had heard rumours that this information had been given to the press, ane he, as Chairman of the City Manager's Performance Evaluation Work Group, had called Mr. G. Murray of the Niagara Falls Review ~nd assured him the increase granted to the City Manager was 7~%. The Alderman stated that the press had known prior to publication that the increase was 7½% and not 14%, and to print the incorrect~ information was nothing but sensationalism on the part of the press. Alderman Puttick stated that he had discussed the matter with the press,! however at no time had he given any percentages. The Alderman also stated nothing had been said when an interview was given on union negotiatiohs, other than the explanation that a confidence had been broken. The Alderman felt that little consideration had been given in granting the increases, and again stressed that he did not disclose percentages. Mayor Thomson asked- the Alderman if he had given the report to the press, and Alder.ma.~ PUttick stated that he had not given out any percentages. Alderman Chessman stated that Council had spent sufficient time on the subject of salary increases and had made a decision in the interest of dealin with non-union employees so that negotiations with the union could proceed. The Alderman felt it made it very difficult for the negotiating committee to negotiate effectively when the union sees erroneous and contradictory materie in the paper. Alderman Chessman felt that such action allows the. implicatio~! that Council was dishonest, and had impaired union negotiations, Mayor Thomson stated that he has attempted to have a totally open administration and commented that the press had enjoyed the change in atmosph from previous administrations. No confidences have been kept from Council an the Hayor stated he was proud of the manner in which Council had been funtrio The Hayor felt the fact information from Committee of the Whole had been disclosed to the press was very serious and went right to the heart of the operation of the municipality. If such practices continued, Mayor Thomson felt Council could not continue to function effectively. With respect to Committee of the bole, Mayor Thomson challenged anyone to say that Council had discussed any topic in camera that d~d not fit within the topics of.prop~ -9- personnel or legal matters. The Mayor stated that he could not think of a reason why anyone would break the confidence of Council except for their own personal gain by getting favouritism through the press. There had been no delays in submitting the information to Council in formal session, nor was there anything underhanded implied in the matter. Mayor Thomson hoped that Council could continue to function as it had been, and stated that if not, he would have to give serious consideration to continuing on his position, since he felt under such circumstances he could not work effectively. Alderman Puttick referred to a call he had made to the Mayor regarding a person who had visited the Mayor concerning development applications he was having difficulties in having processed in a particular department. Mayor Thomson stated that the matter had nothing to do with the subject of non-union salaries and suggested it be discussed under new business at which time he would answer any questions the Alderman had. Following further comment, the motion to table as moved by Alderman Puttick seconded by Alderman Dilts, Carried Unanimously by those members present. Aldermen Schisler and Sobol were absent when the vote was taken. No. 45 - City Manager - Re: Community Resources Centre. The report recommends that Council approve an expenditure of $9,000 to install alluminum storm windows at the Con~nunity Resources Centre, such work to be carried out by Tomin~s Aluminum Company. .ORDERED On the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report'be received and adopted. Carried Unanimously. NOTE: Alderman Puttick retired from the meeting. No. 46 - City Manager - Re: Senior Planner. The report advises that Mr. D.. Derbyson has been appointed to the position of Senior Planner effective January 21, 1980. Alderman Hinsperger asked if Council had authority to decide not to fill a vacancy in personnel for economic or decreasing workload conditions~ The Planning Director stated that the City Manager has authority to fill vacancies below the position of department head. The City Manager advised that in all positions where a vacancy occurs, the position is evaulated within the department to determine if the vacancy should be filled. In the case of the Senior Planner, the City Manager advised that a number of years previously, there had been a position of deputy department head in the Planning Department, however when that position had become vacant, the position was eliminated and the position of Senior Planner was retained. The City Manager further advised that there had been no doubt in his or the Planning Director's minds that the position was needed. In response to a question raised by Alderman Sobol, the Planning Director stated that he had no idea the Planning & Development Committee did not want the position filled until after the new employee had been engaged. Alderman Sobol felt the Planning Director had been aware of the feelings of the Committee, particularly in view of the decreased workload with the fewer development applications coming before the~Committee. The Planning Director stated that he had not known prior to the employee being engaged and further pointed out that the Planning Department has many functions besides ' processing~development applications such as site plan approvals provincial reports on group homes, housing for the handicapped, etc. Alderman Sobol suggested that there should be a policy whereby any non-union y~cancies would he discussed by Council as to what the requirements are for the Job at the moment, and whether the position in fact was still necessary. Alderman Fera agreed that such a policy had merit. With respect to the position of Senior Planner, Alderman Fera explained that he had discussed the appointment with members of the Planning & Development Committee, however by the time it was,mentioned to the Planning Director the new employee had been hired. Alderman Dilts stated that he and other members of the Planning & Development Committee had waited too long to make up their minds on the need for filling the vacancy. With respect to the suggested policy, Alderman Dilts felt the policy should not apply only to non-union but union positions as well. Mayor Thomson indicated that a report would be prepared on the matter. Alderman Ctmmtngs indicated that in recent appointments, persons employed elsewhere had been hired by the City. The Alderman expressed his hope that the City would consider its own employees wherever possible in filling such positions. The City Manager stated that staff preferred to fill vacancies from w~.thin wherever possible. Following further discussion, it was moved by Alderman Orr, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimonsly It was then moved by Alderman Sobol, seconded by Alderman Dilts, that a report be prepared on a policy for the filling of Job vacancies. Carried UnanimouslY. No. 47 - City Manager - Re: parking on Carlton Avenue- The report recommends that parking be prohibited from the westerly side of Carlton Avenue from Lund~ Lane 285' southerly and from the easterly side of Carlton Avenue from Lundy's~ Lane 135' southerly. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and adopted. Carried UnanimouslY. No. 48 - City Manager - Re: Parking on Kttchener Street. The report advises that the~arking Comaittee is not prepared to make a recommendation on this matter until the appropriate hospital representatives have been contacted- ORDERED on the motion of Alderman Herrart, seconded by Alderman Orr, that report be received and filed. Carried Unanimously- No. 49 - City Manager - Re: Parking in Industrial Subdivision. The report recommends that parking be prohibited at all times (a) from the north side o1 Progress Street from Stanley Avenue to Earl Thomas Avenue; (b) from the west side of Earl Thomas Avenue from Progress Street to Murie Street; and (c) iron' the south side of Murie Street from Earl Thomas Avenue to Stanley Avenue. ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that? the report be received and adopted. Carried Unanimously- No. 50 - City Manager - Re: Resolutions from Other Municipalities- 1) Town of Pelham - Requesting the Provincial Government to amend the Region~ Municipality of Niagara Act to provide for the '%sighting" of assessments. Recommendation - That the resolution be received and filed. 2) City of Windsor - Ks: Requesting support in opposing an application for a: contemplated change in the rate structure to apply Usage Sensitive Pricing under which a customer would pay for frequency and length of calls. Recommendation - That the resolution be received and filed. 3) City of Bartie - Opposing Quebec's White Paper on prop.q~_ed Sovereignty - Association. Recommendation - That the resolution be supported and the appropriate partier be notified. 4) Regional Municipality.of Waterloo - Suggesting that the second reading of Bill 127 (Art Act to Revise the Pits and Quarries Control Act, 1971) be delay and that it be~ritten into the Act that any regulations be circulated to municipalities with 60 days to comment. Recommendation - That the resolution be received and filed. 5) Borough of Scarborough - Suggesting the inclusion in the Building Code of provisions for the protection of occupants against criminal and anti-social~ activities. Recommendation - That the resolution be endorsed and the Minister Of Consum and Commercial Relations be so advised. reconsider his Ministry's decision to discontinue eR le comprehensive property descriptions on the assessment rolls. Recommendation - That the resolution be endorsed. 7) City of Kitcharier - Requesting that both Federal and Frovincial-Governmev be asked to enact legislation to control the possession, sale and registrat~ of air guns and spring guns, or amend the provisions of the Criminal Code t broaden the definition of firearms. explanation of the practice used in this municipality. 8) Township of West Carleton - Suggesting that if the City of Niagara Falls! is seriously affected by the 1980 Equalization Factors, that an appeal be m~ to the Ontario Municipal Board. Recommendation - That the resolution be received and 9) City of Guelph - Reco~mending that Section 389a (1) of the Municipal Act repealed with respect to remuneration policies, Recommendation - That the resolution be received and filed. 10) Town of Oakvilla - Requesting that a full and comprehensive review of applicable legislation be undertaken by the appropriate Provincial and Fade · ministries with a view to stricter regulations concerning all aspects of transportation of hazardous materials by rail, air, sea and highway. City of Kitch6ner - Urging the Provincial and Federal Governments to place' priority on the development and presentation of appropriate preventive lsgi ..... 11 - 11 - governing the transport of hazardous materials. Recommendation - That both resolutions be endorsed and the appropriate authorities be so notified. 11) City of Kitchener - Requesting that the Minister of Education be asked to consider an amendment to Clause 5 of The Public Libraries Act so as to provide that a municipal council may appoint an alternate elected official to act in the place of the Mayor. Recommendation - That the resolution be endorsed and the appropriate authorities be so advised. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 51 - City Manager - Re: Building & Development Department for December, 1979. The report provides current news relative to permit statistics, development proposals and other data concerning the activities of the Building & Development Department. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 52 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The C~ty Manager provided additional information in response to several questions raised. ORDERED on the motion of Alderman Orr, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 6 - FERA - HINSPERGER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 80-15 for the rezoning of lands located on the south side of Murie Street, conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister-of Housing; P/qD the Seal of the Corporation be hereto affixed. Carried Unanimously No. 7 - CHEESMAN - FERA - RESOLVED that proposed By-law No. 79-221, being a .by-law to authorize the construction of certain works as local improvements under Section 12 of the Local Improvement Act, which was read a first and second time at the meeting of Council held on December 3, 1979, be amended as follows: 1) by striking out the figures $310,500, $78,217, $141,146 and $91,127 in the first, second, third and fourth lines, respectively, of the fourth recital and inserting in lieu thereof $210,500, $53,821, $105,024 and $51,655 respectively; 2) by striking out "1, 2 and 3" in the second line of the sixth recital and inserting in lieu thereof "1 and 2"; 3) by striking out "1, 2 and 3" in the third line of the eighth recital and inserting in lieu thereof "1 2 and 4"; , 4) by.striking out "1, 2 and 3" in the third line of section 3 and inserting in lieu thereof "1 and 2"' '~ , 5) by striking out "1, 2, 3 and 4" in the second line of ~ection 5 and inserting in lieu thereof "1, 2 and 4"' , 6) by striking out all of Item 3 of Schedule "A"; 7) by striking out the totals $310,500, $78,217, $141,156 and $91,127" at the bottom of the first, second, third and fourth columns of figures in Schedule _."A" and inserting in lieu thereof $210,500, $53,821,-$105,024 and $51,655" respectively; 8) by striking out "1 to 3 inclusive" in the first line of Item B of Schedule "A" and inserting in lieu thereof "1 and 2"' , AND that application be made to the Ontario Municipal Board for an order approving the construction of the local improvement works in accordance with the said proposed by-law, as so amended, and the borrowing of money therefor and the issuance of debentures therefor by the Regional Municipality of Niagara for an amount not exceeding $210,500; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman .Herrerr, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-15 - A By-law to amend By-law No. 2350, 1959 of the former Township ..... 12 Stamford, now in the City of Niagara Falls, as amended, and By-law: No. 79-200- (AM-2/80, Bomdal Investments) No. 80-1~ - A By-law to authorize an agreement with State Crema, Iride Crema, Peter Bordin, Maria Betdin, Len Legge and Elizabeth Legge. No. 80-17 - A By-law to authorize the imposition of special drainage rates up0 certain lands and roads in the City of Niagara Falls in respect which assessments for injuring liability have been made Under the Drainage Act, 1975 (Consolidated Airport Area Drain). . No. 80-18 - A By-law to amend By-law No. 75-20 as amended, to regulate the sup, of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. No. 80-19 - A By-law to provide for appointments to certain boards, commission~ and committees. No. 80-20 A By-law to provide monies for general purposes. - No. 80-21 - A By-law to temporarily close Whirlpool Road from Stanley Avenue to the Niagara Parkway and Church's Lane from Stanley Avenue to Whirlpool Road. Carried Unanimous]~ ORDERED on the motion of Alderman Cun~ings, seconded by Alderman Cheesman, the4 the following by-laws be now read a second and third time: No. 80-15 - 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, and By-law No. 79-200. (AM-2/80, Bomdal Investments) · No. 80-16 - A By-law to authorize an agreement with Slate Creme, Iride Crema,~' · Peter Betdin, Maria Betdin, Len Legge and Elizabeth Legge. " No. 80-17 - A By-law to authorize the imposition of special drainage rates up~ certain lands and roads in'the City of Niagara Falls in respect which assessments for injuring liability have been made under the7 Drainage Act, 1975 (Consolidated Airport Area Drain). No. 80-18 - A By-law to amend By-law No. 75-20, as amended, to regulate the s~ of water and to provide for the maintenance and management of the waterworks and for the imposition add collection of water rates. No. 80-19 - A By-law to provide for appointments.to certain boards, commissio~ and committees. No. 80-20 - A By-law to temporarily close Whirlpool Road from Stanley Avenue to the Niagara Parkway and Church's Lane from Stanley Avenue to Whirlpool Road. Carried Unanimous~ NEW BUSINESS PROPOSED REGIONAL HEADQUARTERS Resolution No. 8 - DILTS - HINSPERGER - RESOLVED TEAT WHEREAS the Council of I the Regional Municipality of NiaSara has voted in favour of the purchase of a. parcel of lend in the City of Thorold as the site for a proposed new Regional Office; AND WltEREA8 the estimated cost of land and services is approximately $380,000~ of which the taxpayers of Niagara Falls will b~ expected to assume 19% of thei cost; AND WHEREAS the City Council has not been fully informed of the true cost of ! the land, the anticipated servicing costs and details reSarding accessability~ to the site[ NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls oppose the purchase of the property and indicate it will register its objectit with the Ontario Municipal Board regarding any application to consider requesl made by the Region for the approval of capital expenditures~ AND BE IT FURTHER RESOLVED that a copy of this resolution is to be forwarded all Councils in the Regional Municipality of Niagara~ AND'the Seal of the Corporation be hereto, affixed, - 13 - Mayor Thomson advised that a committee had been formed to negotiate with Brock University and to come back to Regional Council with full costs on the Thorold site. The Mayor felt it would be more advisable to wait until all details were known before taking action on the resolution. Alderman Dilts hoped that Council would consider the resolution regardless of what comes out of the Region's negotiations. The Alderman also indicated that he had heard other municipalities in the Region were considering similar action. Alderman MacBain advised that he had discussed the matter with a member of the Board of Governors of Brock University, and had been told there had never been any discussions other than in very general terms with the Board itself, to lease or sell any of the lands involved. The Alderman felt it might be appropriate to take a strong position at this time. Alderman Ninsperger agreed with the intent of the resolution, particularly since the City would be paying a substantial portion of the acquisition and servicing costs for the site. In response to a question raised by Alderman Schisler, Regional Councillor Mitchelson stated that the decision made had been s political decision which the Niagara Falls Council did not like, and as a political body, City Council could express its objection. Mr. Mitchelson noted that if the situation had been reversed, the Council would likely have been very happy. The resolution Carried with Alderman Cheesman voting contrary, and all others voting in ~ faveur. ROOF AT NIAGARA FALLS HISTORICAL MUSEUM Alderman Schisler advised that he had atten.ded a recent Museum Board meeting and had learned that the roof of the Lundy's Lane Historical Museum was in very bad condition. The City Clerksadvised that he was aware of the problem, and had referred it to the Engineering Department for action. M.T.C. PROPERTY Q.E.W. AND FREDERICA Alderman Cummings advised that the subject property had been cleaned up and was looking more respectable. PARKING IN FRONT OF NIAGARA FALLS ARENA Alderman Cummings asked if any further action has been taken regarding the parking problem in front of the Niagara Falls Arena. The Alderman noted that the Recreation Commission had recommended the installation of chains and posts, however these had not been installed as yet. Mayor Thomson pointed out that this suggested action had not been approved by Council, and the only action taken to date was to strictly enforce the existing parking regulations. The City Manager indicated that action would be taken as soon as possible. FIRE FIGHTING EQUIPMENT Alderman Cummings referred to a recent situation in Mississauga where Fire Department personnel had to fight a fire from a distance of two thousand feet, and asked if the Niagara Falls Department had equipment capable of fighting a fire from such a distance. Mayor Thomson indicated that the Department has the Tele-Squrt which is a comparable piece of equipment~ however in the case of major disasters or emergencies, all area Fire Departments would bring in their best equipment to assist~ The Mayor advised that there is a mutual aid program within the Region and beyond, including Niagara Falls, New York, whereby all departments could assist in a disaster. DOWNTOWN REVITALIZATION Alderman Orr indicated that he would like Council to establish Downtown Revitalization as a priority for 1980. The Planning Director stated that the Mayor has been kept informed as well as the Downtown Board on the status of the matter. Delicate negotiations which Mr. Crate has bean holding have become even more delicate, however it was hoped that a report could be ready for Council within a month. AMBULANCE SERVICE VEHICLES. Mayor Thomson advised that after a lengthy period of time, the equipment for the ambulance service in the City has been brought up to its previous - 14 - complement- The service has received two new vehicles, making a total of three. One is a single stretcher and the other a double stretcher. The Mayor advised that the ambulance service is very pleased with the equipment provided. REMOVAL OF TREES Mayor Thomson advised of a recent incident that had occurred in an industrial area of the City, where five mature trees which were acting as a buffer between two industries, had been cut down and removed. The Mayor stated that the owner of the one industry "Panel Era" was extremely upset, particularly since these mature trees cannot be replaced. The Mayor Felt Council should request Police authorities to keep a close watch on industrial properties for any persons cutting down trees, to make sure they have authority to do so. Mr. Montgomery of the B.I.G. Agency added that this has become a problem in industrial areas, and indicated that the persons involved in this type of activity should realize it is a criminal offence. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Merrett, that the Regional Police be requested to keep close watch on industrial properties for persons removing trees, and to determine whether such persons have authority from the owner of the land. Carried Unanimously. It was moved by Alderman Chessman, seconded by Alderman Herrart, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSONt' FOLITH MEETING Council Chambers January 28, 1980 SPECIALMEETING Council met on Monday, January 28~ 1980 following a meeting of the General Committee. ~11 members of Council were present with tke exception of Alderman Merrett. His Worship, ~yor Thomson presided as Chairman. PROPOSED EXCH/4NGE OF LAND -~ GLENVIEW PAF~ It was moved by Alderman Chessman, seconded by Alderman Puttick, that approval in principle be granted to the proposed exchange of land with Spironello and Iseppon Investments Ltd. The motion Carried with the following vote: AYE: Aldermen Chessman, Dilts, Hinsperger, Puttick, Schisler, Sobol and Wallman. NAYE: Aldermen Cummings, Fera and Orr. NOTE: Alderman Macgain declared a conflict of interest and abstained from voting on the matter. It was moved by Alderman Puttick, seconded by Alderman Di!ts~ that Council adjourn to General Coneittee session. Carried Unanimously. READ AND ADOPTED, , CITY M~.YOR WAYNE THOMSON Council reconvened in formal a meeting of the General Committee, the.exception of Alderman Merrett. Chairman. on Monday, January 28, 1980, following All members of Council were present with His Worship, Mayor Thomson presided as REPORT No. 53 - City Manager - Re: Purchase of Land by the Greater Niagara Transit Conmission. The report recommends passage of a by-law to approve the purchase by the Greater Niagara Transit Commission of the former Klondike Hotel property for a purchase price of $75,000. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and ~opted. Carried Unanimously. RESOLUTION No. 9 - MACBAIN - ORR - RESOLVED THAT WHEREAS it has been brought to the attention of the City Council that Niagara College is considering the relocation of the course "English as a Second Language" from the City of Niagara Falls to the City of St. Catharines; AND WHEREAS such a proposal will create a needless inconvenience to those residents of the City who. are currently enrolled in or propose to register for the said course; AND WHEREAS the City of Niagara Falls has consistently encouraged the location and establishment of educational facilities in the City, and to this end have provided financial assistance to Niagara College; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls requests the Board of Governors of Niagara College to continue the present practice of providing the course "English as a Second Language" at the Niagara Falls Public Library; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslX BY-LAW ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, - 2 - li ..~ that leave be granted to introduce the following by-law, and the byelaw be l~ read a first time: No. 80-22 - A By-law to approve an expenditure for the purchase of land by the ' Greater Niagara Transit Co~mmission. Carried Unanimous] ORDERED on the motion of Alderman Fera, seconded by Alderman G,,mmtngs, that the following by-law be now read a second and third time: No. 80-22 - A By-law to approve an expenditure for the purchase of land by the~ ' Greater Niagara Transit Commission. Carried Unanimousi,~ NEW BUSINESS REZONING APPLICATIONS FOR COMMERCIAL DEVELOPMENT ) Alderman Chessman felt the action of the Planning & Development Conunittee' in referring three rezoning applications for commercial development to Council, without first making a decision, was regrettable- The Alderman pointed out that Council had the Planning & Development Committee for the purpose of reviewing complex applications and preparing recommendations for the assistan¢~ of Council. Alderman Sobol stated that her intent in making the motion,at the Commtttee's meeting, was to obtain a policy decision from Council on the matter of future commercial development in the City. The Alderman felt the Committee had dealt with each of the applications individually and required ~ direction from Council on commercial development in general. Several.other ~ members of Council expressed their views on the matter. ~ It was moved by Alderman Chessman, seconded by Alderman Dilts, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, · . · MAYOR WAYNE THOMSO~I FIFTH MEETING Counnittee Room #1 February 4, 1980 COMMITTEE OF THE WHOLE Council met on Monday, February 4, 1980 in Committee of the Whole at 6:45 p.m. All members of Council were present with the exception of Aldermen Fera, MacBain and Sobol. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, Council Chambers February 4, 1980 Council met on Monday, February 4, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Fera and Merrett. (Note: Alderman MacBain arrived during the course of the meeting.) His Worship, Mayor Thomson presided as Chairman and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the minutes of the meetings held on January 14th and 21st, 1980, be a~opted as printed. Carried Unanimously. WELCOME~ His Worship, Mayor Thomson extended a welcome to Lt. A. Thomson and the Third Niagara Girl Guide group in attendance at the meeting· UNFINISHED BUSINESS FIREMEN'S PARK EXTENSION PROJECT Report No. 54 - City Manager - The report recommends that the City be represented at a h&aring of the Niagara Escarpment Commission as a result of an appeal by .Mr. A. Carrio on the Commission's~deciston to approve the application of the Stamford Cen~re Volunteer Firemen's Association for a development permit. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted· Carried with Alderman Cummings abstaining on a conflict of interest, and all others voting in favour. MORRISON STREET EXTENSION - BY-LAW TO ESTABLISH PART OF BURDETTE DRIVE It was moved by Alderman Schisler, seconded by Alderman Hinsperger, that the report be withdrawn.' Carried Unanimously. CORNWILL INVESTMENTS LIMITED AND BONNINGTON HEIGHTS LIMITED Report No. 55 - City Solicitor ~ The report recommends: 1) That the City give Cornwill Investments Limited and Bonnington Heights Limited prior notice in writing of any hearing or consideration by either the Planning & Development Committee or by City Council of any zoning amendment or proposed plane of subdivision affecting lands within the ghriner's Creek watershed; 2) That the City give notice in writing to cornwill Investments Limited and Bonnington Heights Limited of any application by the City for approval of a zoning by-law affecting lands within the Shriner~s Creek watershed; and 3) That copies of the report be sent to Cornwill Investments Limited and Bonnington Heights Limited and their solicitors. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimousl%. t -2- NIAGARA PARKS COMMISSION TRAFFIC STUDY Report No. 56 - City Manager - The report recommends the establishment of an Advisory Committee with membership from City Council, Municipal Parking and Traffic Committee, Regional Municipality of Niagara, Niagara Parks Commission, Chamber of Commerce, Niagara Resort & Tourist Association, York- Hannover Developments Limited and Marineland & Game Farm. The report also recommends establishment of a Technical Committee with representation from the Ministry of Transportation & Communications, Regional Municipality of Niagara, City of Niagara Falls and the Niagara Parks Commission. Alderman Cheesman suggested that the committees should be given some sort of time frame within which to work, in order to avoid any undue delay to the Commission in proceeding with the necessary traffic improvements. Mayor Thomson indicated that there was no question of the urgency on the part of the Commission in proceeding with the matter, and he hoped the Committee could meet as soon as possible. Alderman Puttick pointed out that the Region, the City and the M.T.C. had representation during preparation of the study by the Commission, and had expressed no objection to the consultant's proposals previously. With respect to timing for the Committee, Alderman Puttick stated that the Committ.~ could not take six to nine months make recommendations on traffic improvement4 in the Park. Mayor Thomson stated that the purpose of the technical committal was to provide technical input to the Advisory Committee. The Mayor pointed out that the study will have an impact on the tourist industry in that area, and the concerns of the tourist industry must be considered. Alderman Puttick stated that the Commission carried out the study to make improvements on its property, and as it stood now, the Commission could implement the study without any further delay. With respect to the technicall committee, Alderman Puttick indicated that he did not want anyone to get the impression this had not already been done by the Commission. Mayor Thomson stated that it was agreed there would have to be an additional study on parki~' on the periphery of the park, and the Municipality would have to be involved in that aspect. The Director of Municipal Works explained that the technical committee would come about, as a result of the Advisory Committee, and would assist in reviewing parking requirements in the area. As far as a parking study was concerned, the. Director of Municipal Works estimated such a study would take six to nine months to prepare. Alderman Cheesman felt that it would not be fair to ask Alderman Puttick~ to act as Council's representative on the Advisory Committee, since the Alderman was already the City's representative on the Commission. It was felt that Alderman Puttick should be one of the appointees representing the Commission. Aide Following further discussion, it was moved by Alderman Dilts, seconded rman Hinsperger, that the report be received and adopted, and that Mayor Thomson and Alderman Cheesman serve as Council's representatives on the Advis~ Committee. Carried Unanimously. COMMUNICATIONS No. 19 - Niagara District Airport Commission - Re: 1980 Budget and 1979 Fipan~' Statements. The communication provides information on the Commission's 1980 Budget and 1979 Financial Statements. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, th{ the communication be referred to the Finance Committee for consideration in conjunction with the operating budget. Carried Unanimously. No. 20 - Stamford Centre Volunteer Firemen's Association - Re: Grant in Lieu Taxes. The communication requests that the City provide a grant in lieu of t~ for the Fire Hall on Longhurst Avenue and Firemen's Perk on Dorchester Road. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Dilts, that the communication be referred to the Finance Committee for consideration in conjunction with the operating budget. Carried with Alderman Cummings abstai~ on a conflict of interest, and all other'~ votiu8 in fayour, No. 21 - Stamford Centre Volunteer Firemen's Association - Re: Annual Carniva- ~he commanicat~on requests that Council permit the Carnival to be operated on 3 June 11 .-. 14, 1980, and that permission be granted to bring in the Joyes Show of Londan to operate the rides and concessions during the Carnival. OEDEF~D on the motion of Alderman Orr, seconded by Aldernmn Hinsperger, that permission be granted. Carried with Alderman Cu~ings abstaining on a conflict of interest, and all others voting in favour. No. 22 - Niagara Peninsula Conservation Authority --%e: i,mple Syrup Days. The communication extends an invitation to City Council to attend the Press and Council Open House on February 29, 1980. OFaEF~D on the motion of )lderman Cumaings, seconded by ~lderman Chessman, that the invitation be accepted with thanks, and as many me~oers of Council as possible attend. Carried Unanimously. No. 23 - Arthritis Society - Re: Arthritis Week. The communication requests that the week of May 25 - June 2, 1980 be proclaimed ':Arthritis Week:~ in Niagara Falls. Permission is also requested to conduct the annual campaign for funds during that week. ORDERED on the motion of Alderman Schisler, seconded by Aldemnan Cun~nings, that the request be approved subject to the established policy on proclamations. 'Carried Unanimously. No. 24 - Niagara Regional Health Onit - Re: Smoking Prohibition During Meetings. The communication recommends that smoking be prohibited during any meeting of City Council or its committees. ORDERED on the motion of Alderman Dilts, seconded by Aideman Cu~nings, that ~ the Health Unit be informed of the ;'No Smoking" policy for City Council meetings and that a copy of the request be sent to various committees for their consideration. Carried Unanimously. No. 25 - Chamber of Commerce - Re: Survey of Local Businesses. The communication provides information in response to a survey of local businesses, on the effects of high interest rates and the worsening inflation rate. Mr. K. Milne and Mr. J. Corfield of the Chamber of Con~n, erce, provided additional information in response to questions raised. ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that t~e communication be received and filed. Carried Unanimously. No. 26 - Regional Municipality of Niagara -- Re; Future Land Use Planning in .River Road Area. The communication requests that the City of Niagara Falls undertake a detailed land use study indicating future land use for the area north of John Street in the City of Niagara Falls. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 27 - Central Mortgage and Housin~ Corporation - Re: Inspections and Specifications Writing Workshop. The communication requests that Mr. J. Milne be permitted to participate in the evaluation of ~he first pilot workshop held in November. The evaluation will bedheld in Ottawa February 7th and 8th, 1980. In response to a question raised by Alderman Schisler, the City Manager stated that Mr. Milne's expenses and salary had been paid by C.M.H.C. during the November workshop, and it was his understanding the same conditions would apply for the evaluation. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that Mr. Milne be authorized to participate in the evaluation of the first pilot workshop held in t979. Carried Unanimously. REPORTS No. 57 - Alderman Charles Cheesman- Re: 75th Anniversary Committee. The report provides information on the final activities of the Committee. Alderman Chessman advised of a final project presently in the works which will form part of the recognition of the City's 75th Anniversary, involving a time capsule. In response to a question raised by Alderman Puttick, Alderman Cheesman advised that the Committee had been able to deal with the request from Octoberlest Niagara. The Alderman thanked the members of the Committee and Council for their work in making the 75th Anniversary a success. On behalf of Council and the citizens of the City, Alderman Cummings thanked Alderman Chessman and the Committee for the excellent Job done. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dtlts, that the report be received and filed, Carried Unanimously. -4- No. 58 - City Clerk - Re: AM-27/79, Objections to Zoning Amendment By-law No. 79-241, N.P.H.B. Land Developments Limited. The report advises that one letter of objection has been received as a result of circulation of the subject zoning by-law. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and the objection referred to the Ontario Municit4 Board. Carried Unanimously. No. 59 - City Clerk - Re: Council Meeting - February 18, 1980. The report requests direction of Council on whether a Council meeting will be held durir~ the week of February 18, 1980 becauseof the Federal Election being held on that date. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Hinsperger,, that the next regular meeting of City Council be held on February 25, 1980. Carried Unanimously. No. 60 - City Manager - Re: Procedure for Hiring Staff Replacements. The report provides information on the procedures used in hiring staff replaceme~ Mayor Thomson stated that Council had requested a report on this matter and he felt the report indicated that a comprehensive evaluation was being carried out when reviewing each Job vacancy. Alderman Sobol stated that what Council had taken issue ~ith was the fact Council should be notified of any vacancy so that a discussion can be held to determine whether or not the vacancy should be filled. The City Manager indicated that this would be done in the case of senior non-union positions. Alderman Sobol stated that the intent of the original request was to include union and non-union vacancies. Alderman Dilts felt it would not be a big chore for staff to notify Council when there is a vacancy which would allow Council to consider the matter at that time. Possibly if a vacancy occurred that would not be filled, another department that was short-handed could be helped out, even if only on a temporary basis. The City Manager explained that changes i~personnel occur almost on a daily basis through promotions, transfers, etc. and to report on each vacancy' would require notification to Council on a weekly basis. Non-union vacancies/ occur less often, however a decision by Council on whether or not to fill a position would' require an amendment to the responsibilities set out for the office of the City Manager. The Personnel Officer pointed out that the collective agreement with C.U.P.E. provides certain restrictions on filling of Job vacancies. The resignation of one labourer could result in three or four vacancies at this same level through lateral transfers. The Personnel Officer asked if it was Council's wish that prior to posting of these positi0 in accordance with the collective agreement, that the vacancies would be brought to tbe atteutton of Council. Alderman Puttick stated that if the intention was to interfere with or reduce the responsibilities of senior management, their salaries would have to be adjusted accordingly. It was the Alderman's opinion that the City was i' in a levelliug-off trend, and that by keeping Council informed of vacancies, [ Council could control the possibility of any non-union employees building ivory towers. Alderman Puttick stated that he was not saying that any towers were being built, only that if the City had reached its peak in projects Council should be reviewing such matters. As an example, the Alderman "- stated that the week the new zoning by-law was circulated to City residents, the Planning Director had gone on vacation, leaving the new Senior Planner to handle the inquiries. Alderman Puttick stated that' if'staff.wished to replace a Planner, the matter should come before Council. The City Manager 'stated that he did advise Council that the position bf Senior Planner was being advertised. In response to a question.raised by Alderman Dilts, the City Manager advised that there are sixty-five non-union employees altogether. Alderman Dilts stated that he agreed because of the provisions of the collective agreement that it would be difficult to keep Council informed of every Job vacancy that occurred. The Alderman advised that he would be satisfied if non-union vacancies were reported to City Council. With respect to the Planning Dlrector's recent Vacation, the City Hansget advised that it had been necessary for the Planning Director to -5- postpone a vacation planned in October. When the previous Senior Planner had resigned, much of the workload was shifted to the Planning Director. The City Manager stated that following completion of the draft zoning by-law and because of the increased workload in the Planning Department, the Planning Director had needed some time off and had taken a week of vacation. Alderman Cheesman felt that Council had neither the time nor expertise to deal with staffing requirements, and that was why Council has the City Manager. The Alderman suggested that Council was not elected to deal with 'the details of staffing and employee deployment at all levels. Alderman Chessman stated that staff would have to justify the hiring of any employees and he did not feel that staff replacements should become a standing item on the Council agenda week after week. Mayor Thomson suggested that Council not become involved in actual hirings, but could discuss whether or not filling a vacancy was required. Alderman Cheesman was still of the opinion that Council did not have the expertise to deal with this matter and should rely on the City Manager's recommendations. The Alderman stated that Council was getting away from its normal routine work and was taking away from senior management to make such decisions. Alderman Hinsperger felt the fact six positions out of fifty-five not being filled was a good indication that senior staff were reviewing all vacancies carefully. The Alderman felt it would be appropriate to advise Council of vacancies for non-union personnel, which would provide an opportunity for the Council to comment or object, however it was his opinion that the authority for making the final decision, with the exception of department heads, should remain with the City Manager. Alderman Sobol stated that Council has to be knowledgeable in all areas of civic administration, and this would be one way of achieving that end. Alderman Schisler asked if such a policy would require an amendment to the by-law which outlines the duties of the City Manager. Alderman Chessman suggested that if the intent was strictly for notification that would be different than requiring approval of Council. The City Manager stated that'there would be no problem with notifying Council of vacancies for non-union positions. With respect to the position of Senior Planner, the City Manager stated that he had notified Council that the previous Senior Planner had resigned and had held up the advertising process until Council had been advised. Since Council had not made any comment on the matter, the City Manager had assumed there was no problem in proceeding with the advertisement for a replacement. Following further conanent, it was moved by Alderman Sobol, seconded by Alderman Dilts, that Council be notified of any non-union vacancies occurring in the future. Carried Unanimously. NOTE: Alderman MacBain arrivedat the meeting. No. 61 - City Manager - Re: Amendment to Sign By-law No. 6661. The report :recommends"passage of a by-law amending the Sign By-law respecting portable signs. ORDERED on the motion of Alderman Chessman, seconded by Alderman Rinsperger, that the report be received and adopted. Carried UnanimousiX. See By-law No. 80-24 No. 62 - City Manager - Re: Stop Signs. The report recommends that the necessary by-law be prepared to allow the erection of a stop sign facing traffic eastbound and westbound on Jepson Street at its intersection with St. Lawrence Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger, that the report be received and adopted. Carried UnanimousiX. No. 63 -.City Manager - Re: Intersection of Buchanan Avenue and Portage Road. The report recommends that'no traffic control signals be erected 'at the subject iutersection, Alderman Sobol commented' that the Region does not feel traffic lights are warranted, and asked if it would be possible to request a flashing yellow light instead. Mayor Thomson felt this request was reasonable as an alternate method of advance warning of a dangerous intersection. -6- Alderman Binsperger asked when the study had been carried out, since the intersection was particularly dangerous during the bus~sum~ner months. The City Manager noted that the shrubs on the private property at the intersection also cause problems with the motorists' sight distances, and he suggested that Council request the owner to have them moved back about feet to improve conditions. ORDERED on the motion of Alderman Sobol, seconded By Alderman Hinsperger, the matter be referred to staff for a report on alternate improvements to intersection. Carried Unanimously. No. 64 - City Manager - Re: Parking iu Front of Niagara Falls Arena. The report provides information on steps taken to reduce the safety hazards cause' by parking of vehicles along the front of the Niagara Falls Arena. Alderman Cummings felt that the steps outlined in the report would imprl~ the situation greatly, and suggested that the CouFaissionaires patrolling thi~ area should place a greater emphasis on patrols during the hours of 6:00 and 9:00 p.m. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 65 - City Manager - Re: Whirlpool Road Bridge - Tender, for Temporary Repairs - Contract B.R. 1-80. The report recommends: 1) Tender advertisemen{ in the Niagara Falls Review on February 2nd and 7th and in the Daily tommerei' News on February 4th, 1980; 2) Tender opening on February 14th, 1980; and 3) Tender report to Council on February 25th, 1980 and further that Council authorize the Mayor and staff to meet with Ontario Hydro on possible cost sharing schemes. ORDERED on the motion of Alderman Schisler, seconded by Aldel~nan Dilts, that, the report be received and adopted. Carried Unanimously. No. 66 - City Manager - Re: Sale of Unopened Portion of Ray Avenue. The repM recommends that Ray Avenue be closed and conveyed to Mr. G. Astorino for the~ sum of $19,000. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, t the report be received and adopted. Carried Ufi~nimously. No. 67 - City Manager - Re: Encroachment - 4626 Morrison Street. The reports' recommends passage of a by-law to permit the maintaining and using of a buil~ which encroaches at 4626 Morrison Street. ORDERED on the motion of Alderman Sobol, seconded By Alderman Chessman, thati the report be received and adopted. Carried Unanimously. , See By-law No. 8 No. 68 - City Manager - Re: Encroachment - 4844 Sixth Avenue. The report recommends passage of a by-law to permit the maintaining and using of a buil~ which encroaches at 4844 Sixth Avenue. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that'- the report be received and adopted. Carried Unanimously.. · See By-law No. 8 No. 69 - City Manager - Re: Falls Industrial Park Extension. The report recommends that Council approve a request for reserve from Frank Zaniol on Lot 2 in the Falls Industrial Park Extension until May 27, 1980. The report~ also recommends that the request for reserve from Fred Joudrey and Stanley Campbell be transferred to Lot 3 rather than Lot 2 as approved by CounciL_ on December 3, 1979. ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 70 - City Manager - Re: Municipal Accounts. The'report recommend~ payme~ of the municipal accounts. ORDERED on the motion of Alderman Sobol~ seconded by Alderman Cheesman, that~ the report be received and adopted. Carried with Alderman Puttick abstaini~ on a conflictof interest on Cheque #~nd all others voting in fayour. RESOLIrEION8 No. 10 - CHEESMAN - SCHISLER - RESOLVED that the Council of the Corporation the City of Niagara Falls hereby requests an allocation of subsidy funds for -7 - BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that By-law No. 79-222 be now read a third and final time: No. 79-222 - A By-law to authorize the construction of a sanitary sewermain as an improvement to the sewage system in the Urban Service Areas of the City. (Montrose Road) Carried Unanimously ORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that leave be granted to introduce the following by-laws, and'the by-laws be read 'a first time: No. 80-23 - TABLED No. 80-24 - A By-law to amend By-law No. 6661, 1964 with respect to signs in the .City of Niagara Falls. No. 80-25 - A By-law to allow the maintaining and using of a building which encroaches on Morrison Street. No. 80-26 - A By-law to allow the maintaining and using of a building which encroaches on Sixth Avenue. No. 80-27 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (No Parking - Carlton Avenue, Progress Street, Earl Thomas Avenue and Murie Street) No. 80-28 --A By-law-to provide monies for general purposes. Carried with Alderman Puttick abstaining on Cheque #3480 of By-law 80-28, and all others voting in favour.' ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the following by-laws be now read a second and third time: No. 80-23 - TABLED No. 80-24 --A By-law to amend By-law No.:6661, 1964 with respect to signs in the City of Niagara Falls. No.. 80-25 - A By-law to allow the maintaining and using of a building which encroaches on Morrison Street. No. 80-26.- A By-law to allow the maintaining and using of a building which encroaches on Sixth Avenu.~. No. 80-27 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (No Parking - Carlton Avenue, Progress Street, Earl Thomas Avenue and Murie Street) No. 80-28 - A By-law to. provide monies for general purposes. Carried with Alderman Puttick abstaining on · Cheque #3480 of By-law 80-28, and all others voting in fayour. NEW BUSINESS USE OF CITY CABS A_ND MILEAGE ALLOWANCES Alderman Puttick suggested that a system be established whereby persons driving City vehicles as well as their own personal vehicles on City business, would keep track of their mileage on a daily basis. The Alderman felt this would eliminate the possibility of the City absorbing the cost of some employees transportation for the physically disabled in the amount of $1,011 for the merely driving back and forth to work. Alderman Puttick indicated that he ~i '; ~i' ' ~ Combined Capital and Operating. Assistance proSr~mme; AND the Seal of the would sooner see an adjustment in salary than having the City absorb the cost  Corporation be hereto affixed. ~ ! ,' ', I Carried Unanimous .... .8 .i ~1 ..... 7 -8- of personal use of City vehicles and personal vehicles for which mileage allowances are paid. Alderman Cheesman agreed with the intent of the suggestion, but asked if staff should build into the calculations the amount of additional staff time required to service the procedure. The Alderman also suggested that no m~tter what type of system is set up, abuse of the system is possible. Alderman Cheesman pointed out that the system would still depend on the trustworthiness of the City's employees. Alderman Puttick stated that when people have the use of a company car, it is human nature for those people to use the car on personal business, such as weekend trips. The Director of Municipal Works stated that no City vehicle/ are taken out of town for the personal use of employees. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Cheesman, that the matter be referred to staff for the preparation a report to be submitted by March 15th, 1980. Carried Unanimously. PROPOSED REGIONAL HEADQUARTERS Alderman MacBain stated that he had raised the question on the legality of the secret ballot taken by Regional Council in choosing the site for the ': decision d de x e d p Chairman, he felt his opinion on legal matters left much to be desired. Alderman MacBain advised that he had consulted with the legal staff of the Municipal World and had posed the question, "Did a formal resolution cure any defect in the selection process if indeed the secret ballot process was illegal?" It was the opinion of the MunicipalWorld solicitor, that the formal resolution appears to have been a procedural device intended to circumvent the explicit prohibition in the Municipal Act against secret votingj and in such circumstances the vote taken is of no effect. Alderman Macbeth ' further advised that it has come to his attention that the site Brock Univers]4 is proposing, is not the site proposed to the Regional Council, which could moan that the issue is not dead. With respect to the comment in an editorial that City Council had used this same procedure in making appointments, the Alderman stressed that Council should be more careful in the future to avoid similar situations. Alderman MacBain felt that if a body such as Queen's Park had no authority to deal in secret ballots, it stood to reason that a body ' created by Queen's Park could not act in secret ballot. Mayor Thomson felt that the Regional Chairman would not have conEsanted on the legality of the decision without legal advice from the Regional Solicit The Mayor indicated that he had called the Department of Municipal Affairs and there are cenflicting opinions on the legality, of the decision. It was the opinion of the Department that the the decision was made legal by the formal resolution. The Mayor felt that a decision on which opinion is correct}, would have to be decided if the matter is heard by the Ontario Municipal Board( Mayor Thomson advised that a committee has been formed to negotiate with Broc~ University, and since it has been some time since Thorold approached the University, there could be a substantial escalation in price. This could resu 'in the entire matter being re-opened. Both Mayor Thomson and Alderman MacMain.{ felt that the City's LegalDepartment should provide an.opinion on the legalit{ of the gegion's decision. Alderman Cheesman raised the question of whether the Region'e decision would stand unless it is brought into the courts. The Alderman pointed out that any decision by the Ontario Municipal Board would be made on the basis 'of the economics of the matter.. FORMERLy KIMBERLY-CLARK BUILDING Aldermmn Puttick expressed his dissatisfaction with the progress being made on the demolition of the former Kimbe~ly~Clark building, and referred to the agreement with the owners which provided for the demelition. The Alderma~ advised that the owners have the vacant property across the street up for sale and he asked if there was any way the City could benefit financially from the sale if demolition does not proceed according to the agreement. Mayer Thomson also indicated his displeasure with the way in which demoli was going on, and noted that the owners are working slowly and are salvaging almost every piece of steel in order to get their money out of the building. 9 Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Dilts, that the matter be referred to the Legal Department for the preparation of a report. Carried Unanimously. Mayor Thomson suggested that the report should be considered in Committee of the Whole if there was any possibility of litigation being involved. NIAGARA FALLS FLYERS HOCKEY TEAM Alderman Cummings referred to a recent article in the Globe & Mail which indicated that the Niagara Palls Junior "A" hockey franchise was in jeopardy, and asked if there was anything that could be done by the City to help the owners. The Alderman suggested that some form of public support of the Flyere might be of some use, and requested the Mayor and City Manager to meet with Mr. Quinn to see if anything can be done. Mayor Thomson indicated that he would look into the matter. Y.M.C.A. SWIM-A-THeN Alderman Cummings congratulated the teams that had participated in the annual Y.M.C.A. Swim-a-Then. SNOW REMOVAL BUDGET Mayor Thomson felt Council should be made fully aware of exactly how much ,- ~ money has been saved for November and December of 1979, and January of 1980- in the snow removal budget as a result of the mild winter season. The Mayor felt that if there was any savings, it should be used to reduce any mill rate increase for 1980. The Director of Municipal Works stated that when staff had reviewed the roads budget, the savings to date were taken into account and redistributed towards other projects considered appropriate. It was also advised that there are other accounts that need additional funds and will reflect increases over the 1979 allocated budget. The Director of Municipal Works pointed out that it was important that any savings remain in the roads section of the budget in order to take advantage of Provincial subsidies. ~ It was moved by Aldermen Hinsperger, seconded by Alderman Dilts, that the matter be referred to staff for preparation of a report. Carried Unanimously. It was moved by Alderman Dilts, seconded by Alderman Chessman, that the meeting adjourn. ,Carried Unanimously. : AND ADOPTED, f MAYOR WAYNE THOMSON. SIXTH MEETING Council Chambers February 11, 1980 Council met on Monday, February 11, 1980 following a meeting of the General Committee. All members of Council were present with the exception of Alderman Merrett. His Worship, Mayor Thomson presided as Chairman. No. 71 - City ~nager - Re: Former Distribution Centre Property, Part of Stamford Township Lots 135 and 138. The report recommends passage of a by-law to authorize the purchase of the former Distribution Centre property from the Niagara Falls Business & Industrial Growth Agency Inc., as directed by City Council in Conm~ittee of the ~nole. }~yor Thomson advised that funds for the purchase of the property will come from reserve funds and the sale of properties during the year. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried UnanimousiX. No. 72 -.~i~y__Mq_njMqE- Re: Valley Way West Subdivision. The report recommends that the City advise the Ministry of Housing that it concurs with a six month extension of the draft plan approval of the subject subdivision. ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 11 - CHEESMAN - SCHISLER - RESOLVED that the Corporation of the City of Niagara Falls hereby petitions for subsidy payment under the provisions of the Public Transportation and Highway Improvement Act on expenditures made during the year 1979; AND the Seal of the Corporation be hereto affixed. Carried Unanimousix BY-LAW ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 80-29 - A By-law to authorize the acquisition of Iand for industrial purposes. Carried UnanimouslZ ORDERED on the motion of Alderman Fete, seconded by Alderman Cheesman~ that the following by-law be now read a second and third time: No. 80-29 - A By-law to authorize the acquisition of landsfor industrial purposes. Carried Unanimousl~ RATIFICATION OF GENERAL COMMITTEE DECISION$ REQUEST OF KENMORE CONSTRUCTION - DEVELOPMENT IN REGISTERED PLANS ll AND 16, FORMER VILLAGE OF CHIPPAWA It was moved by Alderman Cheesman, seconded by Alderman Schisler, that the developer be granted permission to proceed with the engineering design work of services for lands within Registered Plans 11 and 16 in the former Village of Chippaws, and further that the firm of R.V. Anderson & Associates undertake this design work. ~.~3~..~_n.~_n~_m_mq~sl~. OPERATION OF SALVAGE YARD ON MONTROSE R0_4p, It was moved by Adlerman Chessman, seconded by Alderman Schisler, that the Regional Board of Commissioners of Police be requested to take immediate action to have the owner of property at 8873 Montrose Road charged for operating a salvage yard business without the required license, Carried ~nanimously. -2- EMERGENCY INFORMATION pROCEDURE It was moved by Alderman Chessman, seconded by Alderman Schisler, that Mayor Thomson be authorized to sign on behalf of the City of Niagara Falls, Ontario, an agreement with the City of Niagara Falls, New York, to provide for an emergency information procedure in the event of a-major emergency affecting either municipality..'fCarried Unanimously. ' NIAGARA ESCARPMeNT PLAN It was moved by Alderman Cheesman, seconded by Alderman Schisler, that 1) The Region be informed that-the City of Niagara Falls is in general agree~ with the objectives and policies set out in the Niagara Escarpment Plan; 2) That copies of the report expressing the Municipality's concerns with the proposed plan be forwarded to the Region and the Niagara Escarpment Commissil so 'that these concerns may be included in the Region's submission to the Niagara Escarpment Commission; 3) That the Region and the Niagara Escarpment Commission be requested to chi~ uiro Draft Plan of Subdiv the designation of the lands now part of the Calag from "Excarpment Rural" to "Residential" ("Urban Centre - Urban Group I") in accordance with the recently approved urban area boundaries; and 4) That the lands proposed by the City as a site for the future Regional Headquarters building (located at the northeast corner of Mountain Road and the Queen Elizabeth Way) be placed in an appropriate use category in the Escarpment Plan which would enable the headquarters building to be erected site. Carried Unanimously. REQUEST OF NIAGARA FALLS MUSIC THEATRE SOCIETY It was moved by Alderman Chessman, seconded by Alderman Schisler, that permission be granted to the Niagara Falls Music Theatre Society to apply fox a liquor permit number from the Liquor Licenee Board of Ontario in order to serve alcoholic beverages during intermissions of each performance. Carried Unanimously. NEW BUSINESS PRESENTATION TO MRS. L. LEPAGE His'Worship, Mayor Thomson presented Lorraine LaPage, the former Canadia Correspondent with the Niagara Gazette and reporter for the St. Catharines Standard with a gift on behalf of City Council. Mayor Thomson advised that Mrs. LaPage will no longer be covering the City Council meetings, since she has beenappointed Entertainment Editorswith the St. Catharines Standard. KINSMEN WEEK - FEBRUARY 17 - 23, 1980 It was moved by Alderman Orr, seconded by Alderman Bobol, that the week of February 17 - 23, 1980, be proclaimed Kinsmen Week in the City of Niagara Falls, subject to the established policy on proc]~tionS, .Carried Unanimous REGIONAL PUBLIC WORKS DEPARTMENT ANNUAL REPORT Alderman Puttick commented that the Regional Public Works Dept. annual report was very infornmtive, and suggested that any persons wishing to know more about Regional Government should obtain copies from the Region, CO~4ENTB OF ALDERMAN PUTTICK Alderman Puttick referred to comments he had made at the previous Counci meeting regarding the absence of the Planning 'Director following circulation the new Zoning By-law. The Alderman stressed that his point in making the remarks dealt with the need for additional staff in that Department. Alderman Puttick felt the newspaper coverage of his remarks was.unfair, since his comments had been made during a discussion on staff hiring procedures, while the newspaper had printed his remarks in a separate article. Mayor Thomson agreed that the newspaper coverage was unfair, since the Planning Director had good reason to be away and in fact had cancelled a previously planned vacation. POLICE MATTERS Alderman Cummings referred to the increasing number of a~med robberies that occur in the City and asked if there was anything the' council could -3- do to improve the situation, or if it would be worthwhile to get in touch with the Police Chief to advise of the City's concern. Alderman Dilts agreed that the problem is the subject of many complaints he receives from residents in the City. The Alderman stated that one of the questions which is frequently asked is why a municipality the size of Niagara Falls does not have representation on the Police Commission. Alderman Dilts stated that he would like an explanation of why the City does not at least have the Mayor sitting on the Commission. Mayor Thomson stated that the City had attempted for three or four years to get representation for the City on the Commission, with little success. Resolutions had been circulated on a number of occasions suggesting different ways in which the area municipalities within the Region could be represented, i.e. by population, on a rotating basis, etc. The Mayor indicated that these resolutions had received very little support in the past, however he suggested that the previous material on the matter could be provided to City Council for further consideration. It was moved by Alderman Dilts, seconded by Alderman Orr, that the City Clerk be requested to provide members of Council with copies of the material previously reviewed by City Council regarding membership on the Niagara Regional Board of Commissioners of Police. Carried Unanimously. It was moved by Alderman Sobol, seconded by Alderman Chessman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED,  "~ .. COLLINSSN~ GI~'CtEi" MAYOR WAYNE' THOMSON SEVENTH MEETING Committee Room #1 February 19, 1980 COMMITTEE OF THE WHOLE Council met on Tuesday, February 19, 1980 in Coramittee of the Whole at 7:00 p.m. All members of Council were present with the exception of Aldermen Fera and MacBain. His Worship, Mayor Thomson presided as Chairman. Following consideration of the presented, the Committee of the Whole arose and reported. READ AND ADOPTED, COLLINSON, CITY CLERK MAYOR WAYNE SPEC Council Chambers February' 19, 1980 Council met on Tuesday, February 19, 1980 following a meeting in Committee of the Whole. All members of Council were present with the exception of Aldermen Fera and MacBain. His Worship, Mayor Thomson presided as Chairman. REPORT No. 73 - City Manager - Re: Memorandum of Settlement,' Local 133, C.U.P.E. The report recommends the terms of the memorandum of settlement as follow~: 1) 9% across-the-board increase in wages and salaries retroactive to January 1, 1980. Term of agreement one year; 2) Six weeks vacation after 30 years (was 32 years); 3) Weekend bonus and Paid Holiday bonus increased from 30¢ per hour to 37¢ per hour; 4) Shift Differentials increased from 22¢ and 26¢ per hour to 25¢ and 30¢ per hour; 5) Vision Care increased from $60.00 to $80.00 per annum effective April 1, 1980; 6) Dental Plan updated from 1977 O.D.A. Schedule to the 1980 Schedule; 6) Mileage allowance increased from 13%¢ per km. to 16%¢ per km.; 7) Car Allowance increased from $25.00 per month plus 12%¢ per km. to $33.00 per month and 15%¢ per km. Total package represents an increase of 9.3% of payroll or $466,530.00. ORDERED on the motion of Alderman Cheesman, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. BY-LAW ORDERED on the motion of Alderman Cheesman, seconded by Alderman err, that leave be granted to introduce the following by-law, and the by-law be read a first time: No, 80-30 - A By-law to authorize the execution of an agreement between the Corporation of the City of Niagara Falls and the Canadian Union of Public Employees, Local Union Number 133. Carried Unanimously ORDERED on the motion of Alderman Sobel, seconded by Alderman Merrett, that the by-law be now read a second and third time: No. 80-30 - A By-law to authorize the execution of an agreement between the Corporation of the City of Niagara Falls and the Canadian Union of Public Employees, Local Union Number 133. Carried Unanimously NEW BUSINESS PRESENTATION OF DISASTER PLAN TO FIRE CO-ORDINATORS CONFERENCE It was moved by Alderman Cheesman, seconded by Alderman Dilts, that Council approve the attendance of the Fire Chief at the subject conference to be held in Stratford between March 3rd and 6ths 1980, in order to present the City's 1980 Plan for Peacetime Disaster, Carried Unanimously. -2- RESIGNATION OF ALDERMAN A.A. MACBAIN Mayor Thomson announced that a Special Meeting of Council will be held on Monday, March 10, 1980 to consider the appointment of a person to fill t~ vacancy created by the resignation of Alderman MacBatn. Alderman Dilts requested a replacement for Alderman MacBain on the Speq~ on February 21st, at 4:00 p.m. and a replacement for Alderman MacBain appreciated. It was moved by Alderman Dilts, seconded by Alderman Merrett, Alderman Hinsperger be appointed to the Special Drainage Committee to fill vacancy created as a result of Alderman MacBatn's resignation. Carried Unanimously. Mayor Thomson spoke of the work done by Alderman MacBain on the Finance Committee and appointed Alderman Cheesman to assume the position of Chairman~ of the Committee. Alderman Chessman reminded members of Council that the next meeting of the Committee would be held on Wednesday, February 20th at ~ 4:00 p.m. ~, It was moved by Alderman Puttick, seconded by Alderman Merrett, that a letter of congratulations be sent to Alderman A.A. MacBain on his election a Memberof the House of Commons. -Carried Unanimously. It was moved by Alderman Puttick, seconded by Alderman Dilta, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, I~YOR WAYNE THOMSON~ EIGH~MEETING Cemmittee Room #I February 25, 1980 COMMITTEE OF THE Council met on Monday, February 25, 1980 in Committee of the 'A~ole at 6:30 p.m. All members of Council were present with the exception of kldermen Puttick and Schisler. Alderman Fera presided as Chairman, Following consideration of the items presented, the Committee of the Whole arose without reporting. ~a ADOFTED, /c6n ,i soN City cL 'm MAYOR WAYNE THOMSON Conncil Chambers February 25, 1980 Council met on Monday, February 25, 1980 a~ 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception ef Aldermen Puttick and Schisler. His Worship, Mayor Thomson presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Minsperger, that the minutes of the meetings held on January 28th, February 4th, llth and 19th, 1980, be adopted as printed. Carried Unanimously. PRESENTATION OF RETIREMENT WATCHES His Worship, M~yor Thomson presented retirement watches to ~. R. Comin and F~. J. Hunt. Mr. Comin who was a employed as an equipment operator, retired after nearly twenty-five years. Mr. Hunt, an employee of the Sewer Department, will retire after nearly twenty-one years. PRESENtrATION OF CERTIFICATES His Worship, Mayor Thomson.presented certificates to Mr. S. Code, Mr. D. McArthur, Mr. F. McGowan and Mr. S. Raven from the Industrial Accident Prevention Association for completion of a seminar on "Practical Accident Control Techniques". Mr~ C. Williams and Mr. N. Swec who were not able to attend, will .also receive certificates for completion of the seminar. UNFINISItED BUSINESS ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol~ that the " Report No. 75 - City Manager - The report recommends approval of the additional cost Of $50 in arranging a second course on correspondence and report writing ~' for ire uepnrtment p.rso.nel. ,i, . ='. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, 'i~ !~': : that the report be received and adopted. Carried Unanimously. ~Z !~ :' COI~ICATIONS that he must resign as a member of City Council effective immediately, and mm -2- expresses appreciation for involvement immunicipal affairs and friendships made. ORDEFaD on the motion of Alderman Marterr, seconded by Alderman Sobol, that the resignation be accepted with regret. Carried Unanimously. 29 - Slovak, Sinclair & Crows - Re: AM-27/79, N.P.H.B. Land Developments, Ascot Noods Extension. The communication requests that City Council recommend to thia Ontario Municipal Board that a hearing is not necessary as a result of the objection of Cornwill Investments Limited. Mayor Thomson explained that Cornwill Investments was object to any deveh ment that would permit the issuing of building permits in the drainage area of ! Shriner's Creek. The Mayor felt the objection to the application was unfair and was an attempt by the principals of Cornwill Investments to stop developmet. in the area because of expropriatton proceedings necessary to provide proper storm drainage facilities. The City Solicitor advised that the position Council might take would be to direct him to make a submission to the Ontario Municipal Board stating that a hearing, in the opinion of the City, was not necessary due to the circumstanc}~ of the objection. It was explained that a similar situation occurred several years previously in connection with the Bambi Subdivision, at which time the Council passed a resolution authorizing the solicitor for the owner to bring a motion before the Ontario Municipal Board requesti~ the Board to dispense with a hearing. The City Solicitor suggested that Council support the application of N.P.R.B. Land Developments, and if a motion to the Board was required, that it be brought by the applicant's solicitor. The motion would be brought at the applicant's expense, and would be on behalf of both the applicant and the City. Mr. Sinclair requested that Council make the first approach to the Board advising that the City does not feel a hearing is necessary. If this approach was not sufficient to convince the Board, Mr. Sinclair advised that he would bring a motion before the Board. Mr. Sinclair also pointed out that the objection by Cornwill Investments was ludicrous, especially since the lands in question are presently serviced. Alderman Barrett suggested that the City's Legal Department give its fulleat co-operation. to other land owners in the area facing similar problems, Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Ninsperger, that the City Solicitor be directed to request the Ontario Municipal Board to dispense with a public hearing on the grounds the objection of Cornwill Investments Limited is insufficient to require a public hearing. Carried Unanimously. No. 30 - Mr. G.S. Pfneo - Re: St. Francis School Site. The communication requests that the City consider buying the former St. Francis School site and surrounding lands to provide larger park facilities. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the communication be referred to staff for the preparation of a report. Carried Unanimously. ' No. 31 - Niagara Frontier Humane Society - Re: Municipal Dog Control. The communication provides three plans for municipal dog control as requested by the City. No. 32 - Niagara Frontier Humane Society - Re: 1980 Operating Budget. The communication submits an operating budget for the year 1980. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communications,be referred to the Finance committee. Carried Unanimous: No. 33 - Niagara Peninsula Conservation Authority - Re: FloodplainMapping and Floodplain Management Policy. The communication requests comments of the Municipality. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, Chat the Communication be referred to staff. Carried Unanimously. No, 34 - Niagara Falls Canucks - Re| Financial Assistance, The communication requests a financial grant from the City to assist in paying ezpenses for a trip planned to Finnland and the U.S.S.R. ORDERED on the moCion of Alderman Orr, seconded by Alderman Wallman, that the communication be referred to the Finance Committee. Carried Unanimously. - 3- No. 35 - Downto~-a Board of Management - Re: Appointment to the Board. The communication advises of the resignation of Mr. A. Macklem from the Board, and reconmmnds the appointment of Mr. F. i,~rtin to fill the vacancy. ORDERED on the motion of Alderman Sobol, seconded by ~lderman Merrett, that Mr. F. l~rtin be appointed to the Downtown Board of Management. Carried Unanimously. ~PO~TS No. 76 - Recreation Commission -. Re: Jogging -- Niagara Parkway. ~%e report recomn~nds that Council approach the Niagara Parks Co~mission to see if a safe jogging area could be developed along the Niagara Parkway between Chippawa and Black Creek. ORDERED on the motion of ~lderman Sobol, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 77 - Recreation Commission - Re: Appointment to Recreation Cormmission. ~The report advises of the resignation of Mr. A. Boone from the Commission, and requests that Council appoint a replacement. During discussion on the matter, several members of Council expressed their view that it would be advisable to have a representative from the Chippawa area or the Niagara South Area Recreation Board on the Commission. Alderman Merrett advised that one of the members of the Commission would be moving to the Chippawn area in the near future, and this would solve the problem of having representation from that area of the City. ' Following further comment, it was moved by Alderman Chessman, seconded by Alderman Sobol, that Mr. Wm. French Campbell be appointed to the Recreation Commission. Carried Unanimously. No. 78 -- Recreation Commission - Re: Park Names Reconmaendation. The report recommends that Council give names to two new parks: 1) Moun~ Forest Subdivision area; and 2) Former Separate School Board property between Allanthus Avenue and Father Hennepin School. Alderman Cummings requested that the City Clerk provide Council with a list of names of prominent citizens being kept on file for such purposes. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be referred to staff. Carried Unanimously. No. 79 - City Clerk - Re: Objections to Zoning Amendment By-law No. 79-185. The report advises that as a result of circulating the subject by-law, three objections have been received. ORDERED on the motion of Alderman Sobol, seconded by Alderman Dllts, that the objections be referred to the Ontario Municipal Board. Carried Unanimously. No. 80 - City Clerk - Re: Objections =o Zoning Amendment By-law No. 80-15. The report advises that as a result of circulating the subject by-law, five letters of objection have been received. Alderman Merrett stated that he was surprised to learn of the objections since t~e B.I.G. Agency had spent a considerable amount of time in meeting with businesses in the area explaining the proposed tannery. When the matter was considered by both the Planning & Development Committee and Council, no objections were expressed at that time. The Alderman further advised that the Agency was planning to arrange a meeting in order to resolve the objections. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the objections be referred ,to staff and the Niagara Falls Business and Industrial Growth Agency. Carried Unanimously. No. 81 - City Manager - Re: Application for Exemption from Part Lot Control, A. $iefried Builders, Lots 20 - 28, Dorchester Square Subdivision. The report recommends that the application for exemption from part lot control, be approved subject to the applicant entering into an appropriate agreement. ORDERED on the motion of Alderman Sobol, seconded by Alderteen Orr, that the report be received and adopted. Carried Unanimously. No. 82 - City Mana~eK- Re: Disposal of Surplus Municipal Property, South of GallinSet Street between Drtumnond and For~age. The report reconunends passage of a by-law to authorize the sale of Parts 1, 2, 3 and 4 on Reference Plan 59R-2985 to the Regional Municipality of Niagara for $5,600.00, subject to the reservation of the right-of-way over Part 1 in the deed from the City to the.! Region. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Wallman, the report be received and adopted. Carried Unanimously. See By-lawNo. : No. 83 - City Manager - Re: Sale of Surplus M.T.C. Property, Northeast Corne~i of Lundy's Lane and the Q.E.W. The report recommends that the Ministry of Transportation and CoMmunications be notified that the City has no intereste6 in the acquisition of Part 6 on Reference Plan P-1915-209. · ORDERED on the motion of Alderman Fern, seconded by Alderman Hinsperger, that.! the report be received and adopted. Carried Unanimously. No. 84 - City Manager - Re: Lot 53, Falls Industrial Park. The report recom~ that a Request for Reserve on Lot 53, Registered Plan 243, be granted to Mr. W. McIntyre until March 31, 1980. ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that the~] report be received and adopted. Carried Unanimously. No. 85 - City Manager - Re: Sale of Timber - Falls Industrial Park Extension. The report advises that a special timber sales release has been issued by the Ministry of Natural Resources to lumber companies for removal of timber in th4 Palls Industrial Park Extension. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, th~ the report be received and filed, Carried Unanimously. No. 86 - City Manager - Re: Easement Agreements for Watermain Installations Niagara Parks Comm~ssion Lands - River Road. The report recommends passage by-laws to authorize easement agreements with the Niagara Parks Commission watermain installations on Murray Mill and River Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. See By-laws 80-32: 80-33 No. 87 - City Manager - Re: Request for Extension of Agreement - Foxhead Inn the City of Niagara Palls - Biblical Wax Museum Ltd. The report recommends p of a by-law to authorize an amending agreement with Maple Leaf Village Invest and the Biblical Wax Museum respecting the removal of certain encroachmonte. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sobol, tha~ report be received and adopted. Carried Unanimously. See By-law 0 No. No. 88 - City Manager - Re: By-law Enforcement Contract. The report recommen passage of a by-law to authorize an agreement with the Canadian Corps of Commissionaires for by-law enforcement services. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, the report be received and adopted. Carried Unanimousl~. See By-law No. 8 No. 89 - City Manager - Re: 1980 M.T.C, Subsidy Allocation, The report recommends that the Ministry of Transportation and Communications be thanked for its favourable consideration of the City of Niagara Falls presentations on the matter of items eligible for inclusion in the City's Roads 'Needs Study, ORDERED on the motion of Alderman Cuuninge, seconded by Alderman Dilts, that the report be received and adopted, and further that staff be commended their successful efforts. Carried Unanimously. No. 90 - City Manager - Re: Octoberfeat Niagara - tract Request. The report recommends that the request by Octoberfeat Niagara for funding to, fulfill its 1979 obligations be not granted. ORDERED on the motion of Alderman Wallman, seconded by Alderman Sobol, that t~ report be received and adopted. Carried Unanimously. No. 91 - City Manager - Re: Remuneration - Valuers of Live Brock and Poultry. The report recomlends that the remuneration paid to the live stock and poultrL valuere appointed by the City of Niagara Falls be increased to $25.00 per clai ORDERED on the motion of Alderman Sohol~ seconded by Alderman ~allman, that the report be received and adopted, Carried Unanimously. No. 92 - City Manager - Re: Municipal Accounts. The report.recommends paymen~ of the municipal acaounts, -5- The City Manager provided additional information on debt charges by the Region for 1980 in response to a question raised by Alderman Merrett. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 93 - City Manager - Re: Prohibition of Parking on Morrison Street. The report recommends that parking be prohibited between 8:00 a.m- and 4:00 p.m. daily on the south side of Morrison Street from a point 85' east of Victoria Avenue to a point 40' easterly. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsparger, that the report be received and adopted. Carried Unanimously. No. 94 - City Manager - Re: Whirlpool Road Bridge Repairs, Contract B.R. 1/80. The report recoMmends: 1) Acceptance of the tender submitted by John Tries Construction; 2) Payment to the consultant for engineering design fees, construction inspection and contract administration estimated at $9,950; and 3) That the costs be paid out of the "Contribution from Current Budget to Capital Budget" account. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. See Resolution No. 12 See By-law No. 80-3_L7 No. 95 - City Manager - Re: ~irlpool Road Bridge over Hydro Canal - Agreement for Engineering Services. The report recommends passage of a by-law to authoriz~ an agreement with De Leuw CaChet, Canada Ltd. to carry out engineering investigation services in connection with the Whirlpool Road bridge over the Hydro Canal at a cost not to exceed $6000. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 80-39 No. 96 - City Manager - Re: Building & Development Department Report for January, 1980. The report provides information relative to permit statisti.cs, development proposals and other noteworthy data arising during the month of January, 1980. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 97 - Alderman D. Dilts - Re: Employee Suggestion Plan. The report recommends that a $25.00 award be made to Mr. Albert Smith for his suggestion that trucks be fitted with a back-up warning system to warn pedestrians and other drivers when a reversing movement is taking place. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 98 - City Manager - Re: Transportation Safety Association Awards - 1979. The report recommends that awards b~ presented to seventy-four eligible employees in the early part of Aprfl, 1980, and further that those drivers with eight or more years of accident-free driving attend the annual banquet of the Association. The report further recommends that Mayor Thomson or his designate and one member of supervisory staff be authorized to attend. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 99 - City Manager - Re: Ontario Arena Association - 25th Annual Staff Training and Development Program. The report recommends that the Manager of the Stamford Memorial Arena be authorized to attend the subject program to be held in Guelph fromMay 4 to 9, 1980. Alderman Cummings asked why the Manager of the Niagara Palls Arena would not be attending since he would also benefit from the topics to be discussed. The City Manager advised that the Stamford Arena Manager was more involved in the subject program than the Niagara Palls Arena Manager. The City Manager did indicate that he would check into the matter. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 100 - ~__ty Clerk - Re: Report of the General Committee. The report recommends ratification of the following action taken by the General Committee on January 28, 1980: 1) That the suggested contents for a solid waste disposal by-law be tabled and referred to the Sanitary Landfill Site ComalOres for further study; 2) That the Planning Director consider and report on the desirability of amending the Official Plan to provide for a policy statement on future con~nercial development in the City of Niagar Falls; that considerat'i be given to the passage of a by-law to reduce the amount of floor space avail respecting commercial development be accompanied with a market study to Justi~ the proposal; and 3) That applications AM-31/79 by J. & F. Lupia, AM-37/78 Dose Brothers and AM-33/79 by River Realty Development Inc., be denied. ORDERED on the motion of Alderman Sobel, seconded by Alderman Cummings, that the report be received and adopted. Carried with Alderman Merrett abstaining, and all others voting in fayour. No. 101 - City Clerk - Re: Resolutions from Other Municipalities. 1) Township of Wainfleet - Opposing proposals to establish limits and maximum~i loans available under the Tile Drainage Act. Recommendation - That the resolution be received and filed. 2) City of Guelph - Requesting the Province to enact legislation for the lice~ and registration of guard dogs and establishing regulations for the keepinl( of same. Recommendation - That the resolution be endorsed. 3) Township of Walnfleet - Requesting that the calculation of road subsidy rural municipalities be maintained. Recommendation - That the resolution be received and filed. 4) City of Windsor - Requesting the repeal of current legislationwhich eliminates the need to add certain increased assessment to the taxation ro~ Recommendation - Strongly recommend that the resolution be endorsed. 5) Township of Wainfleet - Requesting the Province to enact legislation creat~ a statutory lien or security for business tax. Recommendation - That the resolution be received and filed and the Townshi of Wainfleet be notified of the City's concerns. 6) Township of Brock - Requesting that the Federal Government defer any furtb implementation of the metric system. Recommendation - That the resolution be received and filed. 7) City of Windsor - Requesting that the Provincial ~Government revise its rot sales tax exemption for footwear. Recommendation - That the resolution be received and filed. 8) Borough of York - Requesting the Province of Ontario to have the Ontario Code legislated as recommended by the Ontario Fire Code Advisory Committee Recommendation-- That the resolution be endorsed. 9) City of Stratford - Requesting that the Planning Act be amended to providei! for the appointment of a Deputy Secretary-Treasurer or an Acting Secretary'~ Treasurer to a Planning Board, Committee of Adjustment and Land Division Committee. Recommendation - That the resolution be endorsed. Tile Drainage Act was discussed h e i h if limits were put into effect, it would put considerable hardship on people with large farms. ~he City Clerk stated that the Act mostly applies to rural municipalities. If $100,000 was established as the limit a farmer couId bert. and $100,000 was the total amount available for loans, one farmer could get the entire amount as opposed to assisting a large number of farmers with smal amounts. Mayor Thomson suggested that staff should obtain the information supplied to the Regional Finance Committee when dealing with the resolution, and have that available for Council before making a final decision. Aldermen Cheesman and Cummings indicated that they were opposed to the resolution from greek requesting the Federal Government ~o defer further implementation of the metric system, Alderman Wallman stated that he could support the resolution of Wainflee concerning road subsidy to rural municipalities on the understanding the calculations used in determining subsidy were not downgraded as opposed to upgrading. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Wallman, that the resolution from Wainfleet respecting the Tile Act be tabled for further information. Carried Unanimously. It was then moved by Alderman Cummings, seconded by Alderman Herrerr, the balance of the report be received and adopted, with the amendment suggest~ by ktdermanWallman. Carried Unanimously. No. 102 - City Clerk - P.e: Consent Items. 1) Niagara Women in Crisis -- Re: Support of the Volunteer Bureau. Reconnnendation - That the information be noted and the communication received and filed. 2) Niagara Women in Crisis - Re: Support of the Social Planning Council. Recoam~endation - That the info~mmtion be noted and the communication be received and filed. 3) Liunenbank Giftwares & Souvenirs Limited -- Re: Solid Waste Disposal By-law. Recommendation - That the consents be referred to the Sanitary Landfill Site Committee for consideration when the matter is again reviewed by Council. 4) Niagara Parks Commission -- Re: Queen Victoria Park Traffic Study. Recommendation - For the information of Council. 5) World Ray of Prayer - Re: Annual Prayer Service. Recommendation - For the information of Council. 6) Niagara Resort & Tourist Association - Re: Development of a Convention Centre. Recommendation - For the information of Council. 7) Niagara Children's Services Committee - Re: Objectives of the Committee. Recommendation - For the information of Council. 8) Heart Niagara - Re: Fund Raising Day September 6, 1980. Recommendation - That the request be approved. 9) Regional M~icipality of Niagara re: !) 1980 Water P~tes 2) 1980 Sewage Rates and 3) Illumination Request -~ Q.E.W./~mrold Stone Road Interchange Reconzaendation - For the information of Council. With respect to the letter from the N.R.T.A. concerning a convention centre,,. Alderman Herrerr suggested it might be time to look into the matter a little. more closely. The Alderman suggested that the City request the N.R.T.A. to provide comments and ideas on the type of facility the City should be considering. 1,~yor Thomson pointed out that consideration had been given to renovating the Niagara Falts Arena in order to provide a multi-use facility, i.e- convention centre/auditorium/arena. klderman Fera stated that this was an item of ~aJor importance, and questioned why Council had not been kept aware of discussions.on such a proposal. l~yor Thomson explained that the Special Arena Committee was reviewing the matter, and it had also been discussed with Mr. Crate who was working on the bo~mto~mRevitalization plan. Alderman Sobel agreed that a report from the N.E.T.A. might be advisable while discussions were still taking place on the possibility of having a convention centre in the City. .Mayor Themsoy suggested that the N.R.T.A. could be asked to have a representative sit on the Special Arena Committee to provide input from the tourist industry. With respect to the possibility of erecting a convention centre using tax dollars, }~yor Thomson stated that such facilities are costly and seldom operate without financial assistance. In response to a question raised ~y Alderman Cummings, Mayor Thomson stated that the Heart Niagara campaign ran smoothly in 1979 and was carried out in co-operation with the Regional Police. The only difficulty experienced was when people had to roll their car ~findows do~m because the fund raising day took place in the winter. In 198D, the event is scheduled for September and the problem should not betspeared. Alderman Merrett disagreed with the type of fund raising planned, by stopping cars at major intersections and requesting donations. The Aiderman felt that by allowing Heart Niagara to use this method, other ~roups would be requesting the same consideration and there is always the possibility of an accident occurring. ~deramn Merrett also commented that while he felt the carapaign was for a very worthy cause, ha disagreed with the method being used. Following further comment, it was moved by$~lderman ~rrett, seconded by Alderman Cheesman, that the N.R.T.A. be requested to appoint a representative to serve on the Special Arena Conmittee, and that the balance of the report with the exception of the Heart Niagara coenaunication, be received and adopted. Carried Unanimously. It was then moved by Aiderman Fern, seconded by Alderman Dilts, that the request of Heart Niagara be approved. The motion Carried with the following Vote: ~Y~: Aldermen Dilts, Fera, Hinsperger, 0rr and Wallman. tIt~__~E: l~dermen amesman, Cunnnings, Nerrett and Sobel. -8- No. 103 - City Manager - Re: Executive, Supervisory and Secretarial Remuneration and Supplementary Benefits 1980. The report recommends salary increases of: 1) 9% for Levels SC 1 to SC 5, 9% for Levels ES 1 to ES 8, 8~% for Levels ES 9 to ES 14 and 7½% for Levels ES 15 to ES 18, retroactive to January 1, 1980. Other benefits - Vision Care to be increased from $60.00 to $80.00 per annum effective April 1, 1980; Dental Plan to be updated to the 1980 O.D.A. Schedule of fees effective April 1, 1980; Vacations 6 weeks to be granted after 30 years (was 32 years)~ Overtime - All employees classified in Supervisory positions up to and including ES 5 to be paid overtime at time-and-one-half; Supervisory employees above Level ES 5 be permitted to take time off on a one to one basis for all overtime worked to a maximum of five days in any one calendar year; and Shift Foreman to receive $4.00 per shift Monday through Sunday and $40.00 per shift on Paid Holidays. L 12 - MERRETT - FERA - RESOLVED that the unit prices submitted by John Tries Construction Limited for repairs to the Whirlpool Road Bridge, be accepted at the tendered price of $16,802.00; AND the Seal of the Corporation be beret! affixed. Carried Unanimous BY-LAWS ORDERED on the motion of Alderman theesmart, seconded by Alderman Merrett, that the following by-law be now read a third and final time: No. 79-221 - A By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. ORDERED on the motion that leave be granted read a first time: Carried Unanimous~ of Alderman Cummings, seconded by Alderman Hinsperger, to introduce the following by-laws, and the by-laws be 80-31 - A By-la~ to of Niagara. authorize the sale of land to the Regional Municipali~' (Gellinger Street) ' ~o. 80-32 - A By-law to authorize an easement agreement with the Niagara parkc~ Com!Bsioa, ~ No. 80-~3 - A By-law to a~thoriza an easament agreement with the Niagara Parks Cor~aiselon. No. 80-34 - A By-law to authorize the execution of an agreement with Maple Leg Village Investments Inc. and Biblical Wax Museum Ltd, ' N_o. 80-35 - A By-law to authorize an agreement with the Canadian Corps of Commissionaires (Hamilton). No. 80-36 - A By-law to provide monies for general purposes, No~. 80-37 - A By-law to authorize the execution of an agreement with John Construction Limited for the repairs to the Whirlpool Road Bridge.' N~o. 80-38 - A By-law to amend By-law No. 7531 being a by-law to provide for erection of stop signs at intersections. (Jepson Street) No. 80-39 - A By-law to authorize an agreement with De Leuw Cather, Canada Ltd · for engineering investigation services in connection with the Whirlpool Road Bridge. Carried Unanimous] ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Dilts, that the followin8 by-laws be now read a second and third time: No. 80-31 - A By-law to authorize the sale of land to the Regional of Niagara. (Gallinger St,) m Municipalit[ -9- No. 80-32 - A By-law to authorize an easement agreement with the Niagara Parks Commission. No. 80-33 - A By-law to authorize an easement agreement with the Niagara Parks Commission. No. 80-34 - A By-law to authorize the execution of an agreement with Maple Leaf Village Investments inc. and Biblical Wax Museum Ltd. No. 80-35 - A By-law to authorize an agreement with the Canadian Corps of Commissionaires (Hamilton). No. 80-36 - A By-law to provide monies for general purposes. No. 80-37 - A By-law to authorize the execution of an agreement with John Tries Construction Limited for the repairs to the Whirlpool Road Bridge. No. 80-38 - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Jepson Street) No. 80-39 - A By-law to authorize an agreement with De Leuw Cather, Canada Ltd. for engineering investigation services in connection with the Whirlpool Road bridge. Carried Unanimously PROPOSED BLUE GRASS FESTIVAL Communication No. 36 - Niagara Falls Hornets Hockey Club - The communication requests permission to hold a Blue Grass Festival in the Niagara South Arena on April 13, 1980 from 8:00 a.m. until 1:00 a.m. the next day. Alderman Cummings suggested that the request should be referred to the Recreation Commission, since it was the responsibility of the Commission to make arrangements for use of the arenas. Alderman Orr noted that there had been some problems last year caused by parking, however arrangements had been made to have fencing put up so that cars could not park on adjacent private properties. The Projects & Services Engineer provided additional information regarding the Commission's involvement in scheduling of the arenas. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Orr, that the request be approved. The motion Carried with Alderman Cummings voting contrary, and all others voting in favour. MEMBERSHIP ON NIAGARA.REGIONAL BOARD OF COMMISSIONERS OF POLICE Alderman Dilts referred to the material the City Clerk had supplied on the previous resolution of Niagara Falls respecting membership on the Police Commission, and noted that only two area municipalities had supported the City at that time. The Alderman-felt the matter should be pursued, Mayor Thomson advised that he had spoken to Mr. Hatch who has been on the Commission since its inception, and he had suggested that there should be more elected people as members on the Commission. The Mayor felt that with this suggestion, there could be further support from other municipalities. Alderman Fera felt the City should have some representation on the Commission, especially being the second largest municipality in the Region. The Aldermn requested that the Commission be requested to advise the City what criteria is used in making appointments to the Commission. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Merrett, that the City Clerk be requested to prepare an appropriate resolution for the next regular meeting of Council, and further that an explanation be obtained on the criteria used in appointing members to the Commission. Carried Unanimously. NEW RIDE AT MAPLE LEAF VILLAGE In response to a question raised by Alderman Chessman, the Mayor advised that the information Contained in the agenda material regarding a new ride at Maple Leaf Village, was for information purposes only. ..... lO - 10 - It was moved by Alderman Merrett, seconded by Alderman Chessman, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ ANDADOPTED, COLLINSON, CITY MAYOR WAYNE THOMS0~! Committee Room February 25,198~ Council met in Committee of the Whole on Monday, February 25, 1980, following a regular meeting of City Council. All members of Council were present with the exception of Aldermen Puttick and Schisler. Alderman Fera presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting..~k~a. READAN DAD OpTED, CO MAYOR WAYNE THOMSON !' Council Chambers February 25, 1980 Council reconvened in formal session on Monday, February 25, 1980 following a meeting in Committee of the Whole. All members of Council were present with the exception of Aldermen Puttick and Schisler. His Worship, Mayor Thomson presided as Chairman. The meeting adjourned. READ AND ADOPTED, l NINTH MEETING Committee Room #1 March 10, 1980 COMMITTEE OF THE V~OLE Council met on Monday, March 10, 1980 in Committee of the Whole at 7:15 p.m. All members of Council were present with the exception of Aldermen Fera, Orr and Sobol. Alderman Hinsperger presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. , · · ' · · a READ AND ADOPTED, X~YOR WAYNE THOMSON Council Chambers MArch 10, 1980 Council met on Monday, MArch 10, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Orr and Sobol. Alderman Fera arrived during the course of the meeting. His Worship, Mayor Thomson presided as Chairman. Alderman Martart offered the Opening Prayer. ADOPTION OF MINUTES With respect to Report #103 of the February 25th, 1980 minutes, Alderman Patrick asked if there had been any discussion by Council on establishment of a policy concerning salary increases and retroactive pay for new employees hired during the course of a year. Mayor Thomson explained that this had been a concern of Council, however it was felt that since new employees hired recently had been hired on the understanding salary increases would be reviewed. in 1980, it would be unfair to institute such a policy immediately. The Mayor further advised that such a policy was under review and would be presented to Council. With respect to non-union.secretarial positions, Alderman Puttick asked if the 1980 salaries included adjustments made previously by Council. The City Manager advised that the positions were reviewed and reclassifications carried out, and that the 1980 salaries reflected the changes approved by Council. Alderman Puttick asked if any consideration had been given to setting future salary increases using methods other than percentage increases, such as by a dollar figure or by merit. Mayor Thomson stated that the decision would be left to the Council involved in setting the salaries for a particular year, and pointed out that in the past, different methods had been used in determining salary increases. In response to a further question raised by Alderman Puttick, Alderman Chessman advised that the increase of 7.5% was for the City MAnager effective January 1, 1980. With respect to the proposed policy onsalary increases, Alderman Chessman pointed out that although such a possibility had been mentioned, the policy would be a subject of considerable debate by the Council prior to any decision being made. Alderman Schisler, who had 'not been able to attend the meeting on February 25th, indicated that he was not in favour of the way in which the salary increases had been handled. Alderman Dilts also indicated that he was not in favour with the system used in salary increases. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Minsperger, that the minutes of the meeting held on FebrUary 1980, be adopted as printed. The motien Carried with Aldermen Puttick and Schisler voting contrary, and all ethers voting. in fayour. -2- DEPUTATIONS ADDICTION RESEARCH FOUNDATION - R.I.D.E. PROGRAMME Heather Lee Kilty of the Addiction Research Foundation and Chairperson of the R.I.D.E. Comanittee addressed City Council concerning the R.I.D.E. Program, the overall goal of which is to prevent drinking and driving and reduce the number of accidents and fatalities on the Region's highways. Ms. Kilty showed a brief film which demonstrated certain common myths about drinking and driving. Alderman Schisler stated that he was not opposed to the R.I.D.E. prograa however he disagreed with some of the methods used by police officers, and their manner with the public. The Alderman quoted a situation where a woman was stopped before 10:00 a.m. by a R.I.D.E. vehicle, and when she had tried to explain that she was nearly late for a doctor's appointment, the officers had done everything possible to detain the lady and were not courteous. Ms. Kilty apologized for the incident and indicated that any such occurrence~ she is aware of, are discussed with Chief Harris of the Regional Police. Mayor Thomson thanked Ms. Kilty for her presentation on a subject which,/ affects motorists in the City. MR. R. DISTEFANO - LAND DIVISION COMMITTEE CONDITION OF APPROVAL Mr. R. Distefano was granted permission to address City Council on the motion of Alderman Hinsperger, seconded by Alderman Chessman. Mr. Distefano~ asked that the City enter into an agreement to provide for the connection of the Kingsway Motel to City sewers. This condition was imposed as part of~ approval by the Land Division Committee for a severance. Mr. Distefano state~ that he had originally hoped that the connection could be made first and that' he be allowed to pay for the coat on or before October l, 1980, using proceed from the 1980 season rentals. As a result of meetings with the various authorities concerned, Mr. Distefano indicated that the date had been changed to June 1, 1980 and that he had directed his solicitor to place an amount of $4,000 in escrow with the Municipality. In the eve~ the connection lslmade the City could .use the funds to make the necessary connection itself. Mayor Thomson advised that the Council did not have all the details on the matter, and suggested that the matter be tabled for one week, during time an appropriate agreement could be prepared for the consideration of Council. Alderman Puttick suggested that Council approye Mr. Distefano's request in principle so that his solicitor could act on that basis. Mayor Thomson felt that while there was no disagreement to the request, the matter should be referred to the Legal Department for Preparation of a suitable agreement prior to a decision being made by Council. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Cummings, that the matter be referred to the Legal Department to prepare the necessary agreement. Carried Unanimously.. UNFINISHED EUSINESS -RELOCATION OF FIRE HYDRANT MR. J. JACKSON, 6543 DOREEN DRIVE Report No. 104 - City Manager - The report recommends that no change be made to the City's policy on the relocation of fire hydrants and 'that Mr. J. Jacks¢ be so advised. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, that the report be received and adopted. Carried Unanimously. LAND DIVISION COMMITTEE FILE B-614/79 NIAGARA ESCARPMENT FILES N/C/79/161 AND N/C/78/238 FRUITBELT TRUCKING, WEST SIDE STANLEY AVENUE Report No. 105 - City Manager - The report recommends that Council direct staff to withdraw the appeal lodged against the decision.of the Land Division Committee on the subject application. ORDERED on the motion of Alderman 8obol, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. -3- BY-LAW NO. 79-200 OBJECTIONS Objection No. 46 - Redeemer Bible Church - It is recommended that the request be agreed to and that the Ontario ~nicipal Board be informed that Council is prepared recognize the proposed use by a special provision in the by-law. 0Pd)ERED on the motion of Alderman Cummings, seconded by Alderman Barrett, that the recommendation be adopted. Carried Unanimously. Objection No. 103 - Residents of Jubilee Subdivision - It is recommended that the request be agreed to in part and that the Ontario Municipal Board be informed that Council is prepared to amend the zoning schedules in accordance with the attached sketch. 2) that the residents be informed that the two sites referred to, east and west sides of Dorchester Road, are already committed to R.4 through earlier neighbourhood planning and through the rezoning process when the subdivision to the west was first considered. 3) This request is partly accomplished by means of the proposed changes from R.4 to TRM zone (Transitional Residential Multiple) which, in fact, restricts the uses to Single Family and Two-family Residential until such time as a further application is made (some time in the future) to change from TRM to R.4. The Planning Director advised that Mr. Stockton was provided with a copy of the recommendations in advance so that he could meet with the area residents and explain the recommended action. Mr. Stockton, solicitor for the objectors, indicated that many of the concerns of the residents will be overcome, however with such a large number of persons involved, it was felt another week would be required in order to speak to all residents. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that a decision on the objection be deferred for one week. Carried Unanimously. SHRINER'S CREEK PROJECT - EXPROPRIATION BY THE NIAGARA PENINSULA CONSERVATION AUTHORITY FROM CORNWILL INVESTMENTS LIMITED - CERTIFICATE OF APPROVAL OF THE MINISTER OF NATURAL RESOURCES __ Report No. 106 - City Manager - The report advises that the Minister of Natural Resources has approved the subject expropriation, and recenthands that the Mayor be authorized to request the Authority to proceed with steps in order to obtain possession of the subject land, and further that a copy of the report be forwarded to all of the parties contributing to the cost of the project. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. INTERIM REPORT ON 1979 FLOODING Report No. 107 - Alderman D. Dilts, Flooding Committee - The report recommends that the consulting engineering firm of Paul Thiel Associates Limited be engaged to carry out the flooding investigation work in the Rolling Acres Extension Area, Meadowvale Subdivision Area and the Chippaws Area. During the discussion on this matter, several members of Council pointed out that the cost of hiring a consultant to determine the exact causes of flooding was not unreasonable in view of the costly solutions that may be necessary to resolve flooding problems in the City. Alderman Dilts referred to previous consultants' studies mentioned in the report and suggested that copies be made available to. members of the Flooding Committee. The Director of Municipal Works provided additional information in response to questions raised by Alderman Schisler on the subject matter. Alderman Puttick felt that the Engineering Department should not be designing anymore subdivision services until such time as the grading problems are straightened out in the City. The Alderman also suggested that consideration be given to extending the term of subdivision agreements so that problems occurring within several years of ~evelopment would be the responsibility of the subdivider. Alderman Sobel asked if it had been determined whether or not the City could legally order repairs when an individual has altered the original grading resulting in a flooding problem. The Director of Municipal Works indicated that the Legal Department would be commenting on this aspect in the final report on flooding. , -4- Various residents from the Chippawa and Mount Forest areas commented on the report. Additional information was provided by the Director of Municipal Works in response to questions raised. One of the conments made dealt with the possible use of overflows. Mr. p. Grandoni expressed his concern over the use of such devices and the effect they could have on Shriner's Creek. Several other questions were raised by persons in attenda~ concerning lot grading and flooding problems. Mayor Thomson indicated that! the complaints raised regarding lotlgrading would be investigated by staff.! Following further comment, it was moved by Alderman Dilts, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. COMPLEMENT - BOARD OF COMMISSIONERS OF POLICE Report No. 108 - City Manager - The report recommends passage of a resolutfI' requesting the Province of Ontario to amend The Regional Municipality of Niagara Act to provide for the appointment of five additional elected representatives. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution STATUS OF VARIOUS COUNCIL MATTERS Report No. 109 - City Clerk -The report comments on the status of various matters referred to staff by Council. Alderman Puttick referred to a request he had made regarding the possib extension of St. Lawrence to Bridge Street and indicated that he had not see~ a report on that matter as yet. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fete, that report be received and filed. Carried Unanimously. COMMUNICATIONS 36 - Volunteer Bureau - Re: Citizenship Week. The communicatio~ requests th Community Month and Volunteer APpreciation Week be combined to produce "Citizenship Week". to he observed in October. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, th~ the request be approved and that the Municipality support, through partieipa~ "Citizenship Week" in the City. Carried Unanimously.. No. 37 - Greater Niagara Safety Council - Re: Overnight Parking. The communication requests that the City rescind its existing overnight parking regulations and institute other regulations as suggested. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the communication be referred to staff and the Municipal Parking and Traffic Committee for a report commenting on the feasibility of the made. Carried Unanimously. ~uggesti1 No. 38 - Mrs. M. Suuter - Re: Straightening of Willoughby Drive. The communication comments on the hazard to motorists caused by the curve on Willoughby Drive. ORDgRED on the motion of Alderman Sobol, seconded by Alderman Fete, that the communication be acknowledged and referred to the Finance Committee for consideration when determining. remedial measures for the e.xtsting problem. Carried Unanimously. No. 39 - Regional Municipality of Niagara - Re: Ontario Basic Mapping Pro The communication requests the attendance of at least one staff member and one elected official from the municipality at a meeting to explain the applic of the program for the Region. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fare, that Mayor Thomson and the Planning Director be authorized to attend. .C.arried Unanimously. No. 40 - Regional Municipality of NiaRara - Re: 1979-80 Regional Road System Review Study. The communication provides info~mation on proposed changes in the Regional road system. Regional Councillor Mitchelson and Mayor Thomson corm~ented further on~ notification to the City-t~at the matter would be discussed at a future conce -5- meeting of the Regional Public Works & Utilities Conm~ittee. The City Manager provided additional information in response to questions raised. ORDERED on the motion of Alderman Fete, seconded by Alderman Merrett, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 41 - Regional Municipality of Niagara - Re: Private Clubs and Recreational Uses Outside the Urban Areas Boundaries. The communication requests comment from the municipality on the effects of clubs and recreational uses on agricultural and rural areas. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the communication be referred to the Planning & Development Committee for review and comment. Carried Unanimously. No. 42 - Mr. B. Duckworth - Re: Speed of Cars on McLeod Road. The communication requests that the City take action against cars and trucks driving at excessive speed on McLeod Road between Montrose and Kalar. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the communication be referred to staff for the erection of speed limit signs and that a copy of the letter be forwarded to the Niagara Regional Police requesting stricter enforcement of speed regulations. Carried Unanimously. No. ~3 - Chamber of Commerce - Re: Salary Adjustments for Council Members. The communication suggests that Council consider a review of salaries for members of Council on an annual basis to deter any undue criticism which is imminent with the "catch-up" provision. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. REPORTS No. 110 - Recreation Commission - Re: Annual Report. The report provides information on the activities of the Commission for the year 1979. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the report be received and filed. Carried Unanimously. No. 111 - Recreation Commission - Re: R~C.M.P. Musical Ride. The report advises that the Chippawa Lions Club will be hosting a visit by the R.C.M.P. ~stcial Ride from July 29, 1980 to August 3, 1980 at Oakes Park. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimously. No. 112 - Recreation Commission - Re: Area Recreation Board Appointees. The report recommends that the following individuals be appointed to the respective Area Recreation Boards for one and two year terms: Niagara Central - Mr. G. Saccone (1); Mrs. B. Hicks, Mr. S.' Cormors, Mr. H. Mace, Mr. F. Miele (2)~ Alderman R. Orr and Mr. G. MacGillivray. Niagara South - Mrs. D. Anderson, Mrs.~. Dhaliwal, Mr. T. Johnston, Mrs. B. MAxfield and Mr. D. Torok (1); Mr. K. Angle, Mr. R. Bowler, Mr. W. Calisina and Y~. R. Gallagher (2); Alderman D. Dilts and Mr. H. Thistlethwaite. Niagara Northwest-Miss S. Robb, Mr. N. Weaver, Mr. T. Mangolf, Mr. J. Fyfe, Mr. D. Wellington (1); Mrs. P. DeMeel, Reverend ZJalic, Mr. M. St. Angelo (2); Alderman F. Cummings and Mr. H. Finbow. ORDERED on the motion of Alderman Fete, seconded by Alderman Merrett, that the report be received and adopted. C._a. rried Unanimously. No. 113 - City Clerk - Re: AM-25/79, Restricted Area By-law 79-194, R. Cushing, 5633 Dorchester Road. The report advises that the Ontario Municipal Board has appointed April 8, 1980 at 11:00 a.m. in the City Hall Council Chambers forthe hearing of all parties interested in supporting or opposing the subject application. ORDERED on the motion of Alderman Merrett, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 114 - City }~nager -. Re: Site PlanApproval for Phase I and Phase II, Fruitbelt Trucking Inc. West Side of Stanley Avenue. The report reconmends that the subject site plan be approved as submitted. ORDERED on the motion of Alderman Schisler, seconded by Aldenan Cheesman, that the report be received and adopted. Carried with Alderman Puttick voting contrary, and all others voting in fayour. -6- No. 115 - City Manager - Re: Site Plan Approval for Proposed Commercial Development - Huggins Street and Portage Road (Northwest Side). The report recommends approval of the subject site plan as submitted. Alderman Patrick suggested that the City contact the developer to determine if he would be willing to pay for the costs of the road widening referred to in the report. The Alderman felt that once the proposal was constructed, the developer would demand the road be widened because of the congestion caused by the business. The Director of Municipal Works stated that he was not sure whether the City could legally request the developer to pay for the construction costs, however staff could check into it. The Deputy City Solicitor advised that the City could not require the developer to pay the costs unless he was agreeable to depositing the funds with the City. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Hinsperger, that the report be tabled for one week. The motion~ Carried with Alderman Chessman voting contrary, and all others voting in faVour. No. 116 - City Manager - Re: Encroachment - 4609 Buckley Avenue. The report"' recommends passage of a by-law to permit the continuation of a building on the Bucklay Avenue road allowance, ORDERED on the motion of Alderman Sobol, seconded hy Alderman Fera, that the~l report be received and adopted. Carried Unanimously. See By-law No. ~ No. 117 - City Manager - Re: Reserve for Lot 19 - Falls Industrial Park Extension. The report recommends that Council authorize a reserve for Lot 19 by Mr. D.R. Paterson in the name of Gyro-Spin until May 31, 1980. ORDERED on the motion of Alderman Martart, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 118 - City Manager - Re: Sale of Timber - Falls Industrial Park Extensi0/~ The report recommends that the tender of Hawkesville Hardwoods of Rawkesvil]t4 Ontario to pay the City $14,300 be accepted for the 'Tamoval of approximately 83,000 F.B.M. subject to the bidder entering into an agreement with the Corporation. The report further recommends that the Legal Department be authorized to prepare the appropriate legal documents. ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 119 - City Manager.- Re: Looplag of Watermains on tel-de-sacs and Meadom Extension Subdivision. The report recommends: (i) because of past inconsiste that Meadowvale Ext. Subdivision be exempted from a previous recommendation the watermain on proposed Carla Crescent be looped; (ii) That a policy be adopted for future subdivisions that watermains on tel-de-sacs and deadend shall be looped undencertain conditions. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, th the report be received and adopted. Carried Unanimously. No. 120 - City Manager - Re: City Float. The report reconuuends that Council approve an expenditure of $4,200 for the construction of a new float and an expenditure of $3,200 for operating costs. The Director of Municipal Works provided additional information in response to a question raised by Alderman Merrett. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman, the the report be received and adopted. Carried Unanimously. No. 121 - City Nanager - Re: Rental of Equipment for Landfill Site 1980-81. The report reckends that the tender of William Duffin Contracting Ltd. for providing a crawlet bulldozer at $19.35 per hour and a crawlet type front-end loader at $21.35 per hour be accepted, provided that satisfactory evidence is supplied by the contractor that the two pieces of equipment comply with City requirements. It was moved by Alderman Wallman that the recommendation contained in the report not be adopted, and that Nieus Construction Ltd. be awarded the contrsc~ The Deputy City Solicitor requested that Council adJour~ to Committee of the Whole briefly in order to review information on a recently passed Provincial statute which could have a bearing on the matter. In response to a question raised by Mayor Thomson, the Deputy Solicitor advised that Council did have - 7 - authority to choose any tender regardless of the prices submitted, however since the matter could fall under the topic of litigation, it should be discussed briefly in Committee of the Whole. It was moved by Alderman Schisler, seconded by Fera, that Council adjourn to Conuni~tee of the Whole. Carried Unanimously. Council reconvened in formal session following a brief meeting in Committee of thaW hole. }~yor Thomson advised that since Nisus Construction had performed this same contract in the past for the City and the firm's performance was satisfactory, City Council would award the contract to that firm. ORDERED on the motion of Alderman Wallman, seconded by Alderman Hinsperger, that Nisus Construction Ltd. be awarded the contract for rental of equipment for the Landfill Site- Carried Unanimously. See Resolution No. 13 No. 122 '- City ~nager - Re: Niagara }eninsula Conservation Authority - Fencing - Shriner's Creek- The report recoum~ends that the City of Niagara Falls concur with the recommendation of the Niagara peninsula Conservation Authority that it would be advisable to include enclosure of the complete Shriner's Creek land holdings with farm fencing as part of the overall project at this time. ORDE?~D on the motion of Alderman Sobol, seconded by klderm~n Schisler, that the report be received and adopted. Carried Unanimously. No. 1~3 - City Manager - Re: Contract W.I. 2-80, Watermain Installations on Stanley Avenue from Church's Lane to Thorold Stone ~oad. The report recommends that the unit prices submitted by W. Duffin Contracting Ltd. for Contract W.I. 2-80 be accepted- ORDERED On the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimouslY- See Resolution No. 14. See By-law No. 80~-4~ No. 124 - City Manager - Re: Parking on Cook Street. The report recommends that parking be prohibited on the south side of Cook Street from 50' west of Glenholme Avenue to Highland Avenue. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received andadopted, Carried Unanimously. No. 125 - City l,~anager '- Re: Engineering Agreemen~ with H.Q- Golder and Associates River-Road Watermain. The report recommends passage of a by-law to authorize an agreement with H.Q. Golder and Associates for engineering services in connection with the proposed watermain construction on River Road. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. ~ See By-law No. 80-43 No. 126 - City Manager - Re: Building and Development Report for February, 1980. ~e report provides current news relative to permit statistics, development proposals and other noteworthy data arising during the period covered- ORDEIED on the motion of AlderDan Fete, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. No. 127 - City Manager -- Re: Winter Control and Winter Sidewalk E~intenance Budgets, 1980. The report recommends that the following adjustments be considered in the Streets and Sidewalks Budgets for 1980: 1) The winter control budget be reduced from $402,800 to $313,400 for a reduction of $89,400 and this reduction be allocated elsewhere; 2) The winter sidewalk maintenance budget be reduced from $28,000 to $17,000 for a reduction of $11,000; and 3) The brush cutting budget be increased by $7,200 from $~2,800 to $30,000. ORDERED on the motion of Alderman Cununings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 128 - City Hansget -' Re: Retirement Allowances- The report recommends passage of a by-law to'implement the following changes, effective April 1, 1980: '1) That the maximum retirement allowance be increased from $1,600 to $2,100 per 'anaum~ 2) That the maximum retirement allowance to be reduced by the total of all other payments under an approved municipal pension plan inexcess of $2,800 per annum; and 3) That the total of all payments under an approved municipal pension plan, plus the retirement allowance, shall not exceed $~,000 per annum. J 8 Alderman Puttick suggested that' the improvements in the retirement allowances be made retroactive, if permissable. In response to a question raised by Alderman Puttick, the City Manager advised that the ma~hnum increase for any one person would be $500. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Dilts that the report be received and adopted with the amendmen~ that the increases be made retroactive to January 1, 1980. Carried Unanimou' No. 129 - City Manager - Re: Ontario Arenas Association 25th Annual Staff Training and Development Progranmae. The report recommends that Mr. N. Tustjr, Manager of the Niagara Palls Memorial and Niagara South Arenas be authorized~ to attend the subject training and development program to be held in Guelph from May 4 to 9, 1980. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that/~ the report be received and adopted. Carried Unanimously. No. 130 - City Manager - Re: Ontario Traffic Conference Annual Meeting. The report recommends that two members of staff and Alderman Merrett, chairman Mayor Thomson suggested that only one member of staff and one member Council be permitted to attend the conference. The Mayor stated that only one member of staff had been authorized to attend in the past. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, th~ the report be received and adopted with the amendment that only one member of staff and one member of Council be authorized to attend. Carried Unanimously.{ No. 131 - City Manager - Re: Municipal Accounts. The report recommends payme of the municipal accounts. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, No. 132 - City Manager - Re: Telecommuntcations Study. Re report reco~nends that Council authorize National Utility Service (Canada) Limited to carry out a Telecommunications Cost Control Service for a fee of $2,400 subject to the -9- No. 136 - City Clerk - Re: Consent Items, 1) London Life Insurance Company - Re: Annual Hockey Tournament. Recommendation - That permission be granted to serve alcoholic beverages 'in the lounge of the Stamford Arena during the tournament, subject to similar approvals being obtained from the Regional police, Fire Department, Health Unit and the L.L.B.O. 2) Royal Canadian Legion - Re: St. patrick's Dance. Reconnnendation - That the invitation be accepted and as many members of Council as possible attend the function- 3) ~' Re: Allanburg Transformer Station (TS) X Niagara Murray Transformer Station (TS). Recommendation - For the information of Council. 4) Regional Municipality of Niagara - Re: Renaming of Regional Roads. Recommendation - For the information of Council. 5) Municipal Planning Consultants - Re: Silver Anniversary. Recommendation ' For the information of Council. ORDEP~D on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslY- No. 137 - Alderman W.A. Rinsperger - Re: Standards of performance - Office of the City Manager. The report comments on the recent evaluation meeting of the performance Evaluation Working Group and the City Manager- ORDERED on the motion of Alderman Minsperger, seconded by Alderman Chessman, that the report be received and filed. Carried UnanimouslY. RESOLUTIOMS .No. 13 - WALLMAN - RINBPERGER - RESOLVED that the tender submitted by Nisus Construction Limited for the rental of equipment for the sanitary landfill site be accepted at the quoted price of $19.45 per hour for a bulldozer, and $21.30 per hour for the front-end loader; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 14 - SCHISLER - CUMMINGS - RESOLVED that the unit prices submitted by W. Duffin Contracting Ltd. for watermain installations on Stanley Avenue from Church's Lane to Thorold Stone Road, be accepted at the tendered price of $193,032'.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl_~L City obtaining the required approval from the Ontario Municipal Board as nanimously agreed by the Finance Committee. The report further recommends that the Legal Department be authorized to prepare the necessary documents. M~nistry of ttousing for a provincial Grant in the .amount of $232,873-17 for the __. ~ ; Housin No. lJ5 - ~sn ~evi~ Co~lttee - ~e: Applicstfone for Assietance. ~e re ort ~ Regional Council, appointed by resolution of the Regional Council; ~demn 8ch~sler asked why there was a difference between the estimated ~ the area municipalities within the ReSion~ Cost and the amount approved for the loan in some..cases. ~e City Clerk the ~epo~t additio~1 elected representatives to the Niagara ReZional Board o~ Conissioners ..... - 10 - of Police, and further, that the additional appointees be elected representat~ of each of the five cities within the Region; AND the Seal of 'the Corporation be hereto affixed. Carried Unanimousl! BY-LAWS ORDERED on the motion of Alderman Sobel, seconded by Alderman Dilts, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-40 - A By-law to allow the maintaining and using of a building which encroaches on Buckley Avenue. No. 80-41 - A By-law to authorize an agreement with Fruitbelt Trucking Inc. No. 80-42 - A By-law to authorize the execution of an agreement with W. Duffin Contracting Ltd. No. 80-43 - A By-law to authorize an agreement with H.Q. Golder & Associates Ltd. for engineering services in connection with the proposed construction of a watermain on River Road. No. 80-44 - A By-law to provide monies for general purposes. No. 80-45 - A By-law to authorize the execution of an agreement with Canada Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Programme. No. 80-46 - A By-law to provide for remuneration for valuers of live stock and poultry. No. 80-47 - A By-law to authorize a subdivision agreement with Herman Damore Builders Limited (Meadowvale Extension Subdivision). No. 80-48 - A By-law respecting sick leave credits, pensions and Other benefits for employees. No. 80-49 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Morrison Street) Carried with Aldem Merrett and Puttick abstaining on Chequ #4209, #4210 and #4 of By-law 80-44, an. ~ all others voting fayour. ORDERED on the motion of Alderman Fera, seconded by Alderman ~,mm~Ugs, that the followlng by-laws be now read a second and third time: No. 80-40 - A By-law to allow the maintaining and using of a'building which encroaches on Buckley Avenue. No. 80-41 - A By-law to authorize an agreement with Fruitbelt Trucking Inc. No. 80-42 - A By-law to'authoriZe the execution of an agreement with W. Duffin Contracting Ltd, No. 80-43 - A By-law to authorize an agreement with H.Q. Golder & Associates Ltd for engineering services in connection with the proposed constructicI of a watersmid on River Road. No. 80-44 - A By-law to provide monies for general purposes. No. 80-45 - A By-law to authorize the execution of'an agreement with Canada Hortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Programme. ~o. 80-46 - A By-law to provide for remuneration for valuers of live stock and poultry. No, 80-47 - A By-law to authorize a subdivisioa agreement with Herman Damore Builders t . Limited / (Meadowvale Subdivision). - 11 - No. 80-48 - A By-law respecting sick leave credits, pensions and other benefits for employees. No. 80-49 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Morrison Street) Carried with Aldermen Merrett and Puttick abstaining on Cheques #4209, #4210 and #4110 of By-law 80-44, and all others voting in favour. NEW BUSINESS SOCIAL PLANNING COUNCIL Communication No. 44 - Niagara Falls Family Y.M.C.A. - The communication asks that the City give all possible financial support to the Social Planning Council at this time. ORDERED on the motion of AIderman Cummings, seconded by Alderman Chessman, that the communication be referred to the Finance Committee. Carried Unanimously. OFFICIAL OPENING - GBS-GIOCA BINDER SYSTEMS LTD. Mayor Thomson reminded members of Council of the official opening of the GBS - Gioca Binder Systems Ltd. at their plant location at 5725 Progress Avenue on March 13, 1980 at 11:00 a.m. SOCIAL PLANNING COUNCIL Alderman Cummings advised that the annual meeting of the Social Planning Council had been cancelled. UNION MARSH DRAIN I6 was moved by Alderman Wallman, seconded by Alderman Fera that staff prepare a report on cleaning up the Union Marsh Drain in the former Township of Willoughby. Carried Unanimously. PROPERTY TAX CREDITS FOR SENIOR CITIZENS It was moved by Alderman Puttick, seconded by Alderman Merrett that staff submit a report on the possibility of increasing the property tax credit granted to senior citizens in the City. Carried Unanimously. It was moved by Alderman Fera, seconded by Alderman Wallman, that the :Council ad]ourn and reconvene in special session for the purpose of appointing ..a person to fill the vacancy created by the resignation of former Alderman A.A. MacBain. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON TENTH MEETING SPECIAL MEETING Council Chambers March 10, 1980 Council met in special session on Monday, March 10, 1980, following a regular meeting for the purpose of filling an Aldermanic vacancy. All members of Council were present with the exception of Aldermen Orr and Sobol. His Worship, Mayor Thomson presided as Chairman. ORDERED on the motion of Alderman Dilts, seconded by Alderman Puttick, that Mr. John G. Graaskamp be appointed to fill the Aldermanic vacancy created by the resignation of former Alderman A.A. MacBain. Carried Unanimously. His Worship, Mayor Thomson announced that Mr. Graaskamp would be officially sworn in at the next Regular Council meeting. On behalf of the members, Mayor Thomson welcomed Mr. Graaskamp to the Council and expressed the hope that Mr. Graaskamp's years of experience in municipal government would be an asset to the City- It was moved by Alderman Merrett, seconded by Alderman Fera, that the meeting adjourn- Carried Unanimously. READ AND ADOPTED, J. L .~L~ MAYOR WAYNE THOMSON i ELEVENTH MEETING Council Chambers March 17, 1980 SPECIAL MEETING Council met on Monday, March 17, 1980 following a meeting of the General Conunittee. All members of Council were present with the exception of Aldermen Fera, Hinsperger and Sobol. His Worship, Mayor Thomson presided as Chairman. AGREEMENT WITH K. DISTEFANO It was moved by Alderman Merrett, seconded by Alderman Wallman, that an agreement be authorized between the City and K. Distefano respecting the connection of the Kingsway Motel property to municipal sewers. Carried Unanimo~ply. SITE PLA}I APPP~VAL -~ PROPOSED COMMERCIAL DEVELOPMENT AT HUGGINS STREET AND PORTAGE ROAD ' Report No. 138 - City Manager - The report recommends that the subject site plan be approved in accordance with the report presented to Council on March 10, 1980, and that the matter of possible future road construction adjacent to various types of development proposals be tabled for a minimum of six months until such time as the legal interpretation of existing legislation is clarified. AND Report No. 139 - City Solicitor - The report reconmends that any submission to be made by Council with respect to a draft of the new Planning Act contain a request for clarification of Section 39 respecting the widening of highways as a condition of approval of plans in a site plan control area. The Director of Municipal Works provided additional information in response to several questions raised by Alderman Puttick. Alderman Puttick felt that since the road widening was going to be required in the future, -it was reasonable that the developer be asked to contribute towards the uosts, since the business would contribute to traffic congestion in the area. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Cummings, that the report of the City Manager be received and adopted, and the site plan approved subject to the conditions outlined in Report #115 of theM arch 10th, 1980 Council meeting. Carried Unanimously. It was then moved by Alderman Puttick, seconded by Alderman Merrett, that the report of the City Solicitor be received and adopted. Carried Unanimously. ALTERATION OF CATARACT AVENUE Report No. 140 - City Manager - The report recommends passage of a by-law respectin~ the alteration of Cataract Avenue. "Mr. N. Golia expressed concern that the alterations proposed would make two way traffic on the street very difficult, since the street will be natrowed. The Plannin8 Director explained that the Projects & Services Engineer had examined the width in the original design and it was considered to be wide enough. The City Manager indicated that he and the Planning Director would be meeting with the consultant the next day, and that they would meet with Mr. Golia to explain the proposal more fully. The City Manager provided additional information in response to several guestions raised. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be tabled for one week. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 80-50 - A By-law to authorize an agreement with Eaten Dietefano. Carried UnanimousiX ..{ :! J -2- ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, that the by-law be now read a second and third time: No. 80-50 - A By-law to authorize an agreement with Karen Distefano. NEW BUSINESS Carried Unanimou~ HOCKEY GAME Alderman Merrett invited members of Council to attend a hockey game bet~ the "Flying Fathers" hockey team and the Skylon Oldtimers Hockey Club on Thmi March 20, 1980. It was moved by Alderman Cheesman, seconded by Alderman Dilts, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ AND ADOPTED, MaYOR WAYNE THOMS0!!~ Committee Room #1!~ March 17, 1980 Council met in Committee of the Whole on Monday, March 17, 1980 followin a meeting of the General Committee. All members of Council were present with the exception of Aldermen Fera, Htnsperger and Sobol. Alderman Merrett presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ,, ~ · · · · ,, READ AND ADOPTED, f ' ~iol ~A~E - THOMSON Council Chambers March 17, 1980 Council reconvened in formal session on Monday, March 17, 1980 following a meeting in Committee of the Whole. All members of Council were present with the exception of Aldermen Fete, Hinsperger and Sobol. His Worship, Mayor Thomson presided as Chairman. The meeting adjourned. READ AND ADOPTED, s TWELF?:H MEETING Comnittee Room #1 March 24, 1980 COI~4ITTEE OF THE k~CLE Council met on bbuday, l~rcb 24, 1980 at 7:00 p.m. in Committee of the h~ole. All members of Co,moil were present with the exception of ~1derman Hinsperger- Alderman Orr presided as Chairman. Following consideration of the items presented~ the Cons&ttee of the Whole arose without reporting· . · · · ' · a ~. READ AND ADOPTED, ~~~0~ WA'/NE THOMSON Council Chambers March 24, 1980 Council met on Monday, March 24, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman llinsperger. tlis Worship, Maycr Thomson presided as Chairman. Alderman Orr offered the Opening Prayer. DECLARATION OF OFFICE - ALDEPY.~a~ JOHN GPJ~SIL~ Alderman John Graaskamp was sworn in as a member of the munfcipal Council. The City Clerk, J.L. Collinson, conducted the Declaration of Elected Office and the Oath of Allegiance. DEPUTATIONS MR. L. GARDNER - 1980 OLYMPICS FORTTIE p}~SICALLY DISabLED Mr. L. Gardner was granted permission to address City Council on the motion of Alderman Orr, seconded by Alderman Merrett. Mr. Gardner requested that the City consider providing a grant to the Canadian team of which he was a member, participating in the 1980 Olympics for the physically Disabled. Mayor Thomson advised that Mr. Gardner had received recognition by the Council on a number of occasions for his accomplishments in previous competitions. Mr. Gardner provided additional information in response to several questions raised. =It was moved by Alderman Schiller, seconded by Alderman Merrett, that the request be referred to staff, t~e Finance Committee and the Recreation Gommission. Carried Unanimously. KINSMEN CLUB - CASINO NIlITS Mr. R. Cowan of the Kinsmen Club was granted permission to address City Council on the motion of Alderman Orr, seconded by Alderman Dilts. Mr. Cowan !' ..... rou s from outside Niagara Falls. Mr.' Cowan felt that by granting licenoes i . ~ i:-~ a project, the benefits of which they woulo~ never see u31~ss they dr b k ed / ~&Oa ~E ~H6~O~ ~ ~hese areas. I~ was also felt tha~ applications Bhould only be granted to " roups having a worth~hile charity to which they contribute. Mr. Cowan restrictions by asking a smaller local gr p .  operation o~ a casino night and then takin~ the bu~k o~ the proceeds ac , . , ~ in the City, as long as'the sponsoring organizations were local and their -2- Mayor Thomson felt that the request might require some investigation by the City and suggested that a decision be deferred for at least a week and a report prepared by staff. Alderman Merrett suggested that the existing regulations dealing with casino nights be supplied to Council. Mr. D. Milencoff of the Welland Curling Club was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Chessman. Mr. Milencoff advised that the roof of the Welland Curling Club had been condemned, and the Club was desperately trying to raise the funds to pay for the repairs. Mr. Milencoff felt that the future of curling in the Welland area was dependent upon these repairs being made. Niagara Falls was chosen because it is central in the Region and also has the type of facilities needed to accommodate the crowds generated by casino nights. Alderman Puttick indicated that he was opposed to this type of activity in the City and suggested that casino nights should be done away with altogetl]' htt e ant as opposed to supporting these activities. Mr. Cowan indicated that it was his understanding that casino nights were legal, and the intent of the Kinsmen~ Club had only been to keep the proceeds from such activities in the City. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Sobol, that the matter be referred to the City Clerk's Department and the Legal Department for the preparation of a report. Carried Unanimously. UNFINISHED BUSINESS CLOSING OF COP, FIELD STREET Report No. 141 - City Manager - The report recommends approval of a course of action respecting the closing of Corfield Street and that the Region be requested to confirm its agreement of same. ORDERED on the motion of Alderman Chessman, seconded by Aldermen Fera, that the report be received and adopted. Carried Unanimously. ALTERATION OF CATARACT AVENUE ~. Report No. 142 - City Manager - The report recommends that the by-law respecting the alteration of Cataract Avenue be given three readings after hearing any person who claims that his land will be preJudicially affected by the by-law and applies to be heard. ORDERED on the motion of Alderman Merrett, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. CHANGE OF STREET NAMES .., See By-law No. 80-51 Report No. 143 - City Manager - The report recommends passage of a revised by-law to change the names of certain highways and that Council refer the objection to the proposed change in the name of Baker Crescent to .the Street Name Committee. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. .See By-law No. 80-52 RETIREMENT ALLOWANCES Report No. 144 - City Manager - The report recommends passage of a by-law to authorize retirement allowances being paid to municipal employees. ORDERED on the motion of Alderman Orr, seconded by Alderman Marterr, that the report be received and.adopted. Carried Unanimously. See By-law No. 80-53 OBJECTIONS TO ZONINCAMENUMENT BY-LAW 80-15 Report No. 80 - City Clerk - The report requests that Council review each of the letters received objecting to the passage of the subject by-law in order that the Clerk can report to the Ontario Municipal Board the position taken by the Municipality with respect to the objections. The City Clerk advised that as directed by Council, staff had met with the objectors in an attempt to resolve their concerns. These efforts were not successful and the Clerk indicated that Council could either abandon the -3- by-law or refer the objections to the Ontario Municipal Board. Mayor Thomson pointed out that there had been some suggestion that the applicant would try and find an alternate location in the Industrial Park that would be more suitable for the tannery operation proposed. Alderman Merrett also indicated that he had been involved in some discussions on the matter and it was his understanding the firmwas considering an alternate location. It was moved by Alderman Merrett, seconded by Alderman Fera, that the matter be tabled in order to determine if an acceptable alternate site can be found. Carried Unanimously- COMMUNICATIONS No. 45 -Myer Salit Limited - Re: Waste Disposal for Industry. Tke communication expresses object.ion to the proposed contents of the Solid Waste Disposal By-law. OP~ERED On the motion of Alderman Sobol, seconded by Alderman Merrett, that the communication be referred to the Sanitary Landfill Site Committee. Carried Unanimously. No. 46 - Specialty Cast Metals Limited - Re: Suggested Contents for Solid Waste Disposal By-law. The communication expresses objection to the proposed contents of the Solid Waste Disposal By-law. ORDERED on the motion of Alderman Sobol~ seconded by Alderman Merrett, that the communication be referred to the Sanitary Landfill Site Committee- Carried Unanimously- No. 47 - Kidney Foundation of Canada - Re: Organ Donor Month. The communication roenests permission to conduct the annual door-to-door campaign from May 12 to 19; 1980 and secondly to have the Foundation's flag flown during the month of June. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the requests be granted subject to established policy. Carried Unanimously. No. 48 - Optimist Club - Re: Respect for Law Week. The communication requests that the week of May 11 - 17, 1980 be proclaimed Respect for Law Week in the City. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings~ that the request be granted subject to the established policy. Carried Unanimously. No. 49 - Town of Essex - Re: Request for Financial Assistance. The communication requests financial assistance to assist residents of the Town of Essex as a result of an extensive fire in February. In response to a question raised by Alderman Puttick, Alderman Cheesman indicated that the Council had routinely denied these requests in 1979 because no funds had been available in the budgetS' The Alderman advised that the Finance Committee would be reviewing the possibility of allocating funds in the budget so that requests of this nature could be considere~ for assistance. ORDERED on the motion of Alderman Cheesman, seconded by Aldermen Cummings, that the communication be referred to the ~inance Committee.' Carried Unanimously. No. 50 - Regional Municipality of Niagara - Re: Niagara Bead System- The communication requests comments from the municipality and indicates that an opportunity will be provided at a forthcomin~ Public Works & Utilities Committee meeting for the City to make a presentation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that Mayor Thomson, Alderman Merrett and the Director of Municipal Works attend the meeting of the Regional Public Works & Utilities Committee to be held on April 10, 1980. Carried Unanimously. No. 51 - Ministry of the Environment - Re: Liquid Industrial Waste Programme. The communication requests that Council appoint an elected representative and a technical person to site on an Information Con~nittee to review submissions to the Ministry on proposals to process liquid industrial waste. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that Alderman 8obol and the Director of Municipal Works (or his designate) be appointed as the City's. representatives on the Information Connnittee. Carried ~nanimously. REPORT~ No. 145 - Recreation Commission - Re: Cor~aunity Resources Centre. The report recommends that Council appoint an AXderman to the Management Conu~ittee of -4- the Community Resources Centre to replace former Alderman MacBain. [ ORDERED On the motion of Alderman Cheesman, seconded by Alderman Herrerr, that Alderman Graaskamp be appointed to the Management Committee of the Community Resources Centre. Carried Unanimously. No. 146 - City Manager - Re: Site Plan Control under Section 35a of The Planning Act and Site Plan Agreements. The report recommends passage of a by-law to authorize the execution of site plan agreements and a by-law respecting development agreements. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. and By-law No. No. 147 - City Manager - Re: Disposal of Surplus Municipal Lands. The report recommends that six parcels of property be declared surplus to munici~,~ requirements and that advertisements be inserted in the Niagara Fails and Welland newspapers inviting offers for the purchase of same. (#1 - Glenholme Avenue, I12 - Chsrch's Lane, #3 - Former Police Building, #4 - Missnet Road, #5 - Woodbine Avenue and #6 - Waters Avenue) The City Clerk advised that an easement may be necessary through parcel #6 and requested that it be deleted from the report. ORDERED on the motion of Alderman Sobol, seconded by Alderman Graaskamp that Parcel #6 be deleted, and the report, as amended, be received and adopted. Carried Unanimously. No. 148 - City Manager - Re: West Meadow Subdivision. The report recommends that the Ministry of Housing be advised the City concurs with a one year extension of draft plan approval to May 20, 1980 for the subject subdivision. ORDERED On the motion of Alderman Orr seconded by Alderman Cummings that the report be received and adopted. eartied Unanimously. ' No. 149 - City Manager - Re: Revision of Leases - Former Village of Chippawa. The report recommends that the form of licensing agreement used by the MuniciFA with respect to certain street ends located in the former Village of Chippaws be revised to provide that any enlargements, extensions or modifications to an buildings located on the lands covered by the lease must~ approved by qtty Council. Alderman Chessman suggested that the fee structure for the licensing agreements be reviewed oU an annual basis. Mayor Thomson suggested that the matter be the subject of a report at a future meeting. ORDERED On the motion of Alderman Dilts, seconded by Alderman Herrerr, that the report be received and adopted. The motion Carried with Alderman Orr abstaining on a conflict of interest, and all others voting in favour. ORDERED on the motion of Alderman Chessman, seconded by 'Alderman Dilts, that a report be prepared on the method and time intervals involved in reviewing fee8 for license agreements. The motion Carried with Alderman Orr abstaining on a conflict of interest, and all others voting in favour. See By-law No. 80-5 No. 150 - City Manager - Re: Complaint from Mr. Fenwick, 26-5787 Swayze Drive. The report provide8 information on the action taken by staff in resolving the subject complaint. ORDBRED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 151 - City Manager - Re: Acceptance of City Sewers at Dorchester Road and the Q.E.W. Interchange. The report recommends passage of a resolution act work carried out by the M.T.C. in connection with the latest construction of the Dorchester Road/q.E.W. Interchange as it affects existing City sewers on the condition the Ministry reimburses the City for the actual amount spent as well as further expenditures for future repairs. ORDERED On the motion of Alderman Sobol, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. See Resolution No. No. 152 - City Manager - Re: Pipe Crossing Agreement ~ith C.N,R. for 12" War on Stanley Avenue. The report recommends passage of a by-law 'to authorize pipe crossing agreements with C.N.R. respecting the construction of a ~;atermain crossing the C.N.R, tracks on Stanley Avenue. ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman, that tho report be ~ceived and adopted, Carried Unanimously., ~ See By-law No. 80-5t -5- No. 153 -- City I-~nager - Re: 1979--80 Regional Road System Review Study. The report recommends that the comments of staff be forwarded to the Eegional Municipality of Niagara as comments on the proposed changes to the Regional Road system. Mayor Thomson and the Director of Municipal Works provided additional information with respect to the section of Portage Road which includes the 'bridge over the HEPC Canal, in response to questions raised by ~A_l~ermen Grasskemp and Sobol. Oi~DERED on the motion of Alderman Herrerr, seconded by Aldermen SoboT~, that the report be received and a~opted. Csrried Unanimously- No. 154 - City Manager - Re: Property Standards By-law 74-204, Damore Bros., 8104 Woodbine Avenue. The report recommends that pursuant to Clause (a) of subsection 7.10.4 of By-law 74-204, that the Corporation retain a wrecking contractor to forthwith complete the work which Damore Brothers were directed to carry out under Order, an~ that pursuant to subsection 7.10.5 of the by-law, any expense incurred by the Corporation in carrying out the work be recovered in a like manner as municipal taxes. In response to a question raised by }hyor Thomson, the Property Standards Officer confirmed that the building has now been torn doom., and lie will be satisfied as long as the property is cleared of debris. ORDERED on the motion of Alde~nan Herrerr, seconded by Alderman Cummings, that the report be received and filed- Carried Unanimously. No. 155 - City ~nager - Re: Property Standards By-law 74--204, E. Carver, 5770 Robinson Street. The report reconm~ends that pursuant to Clause (a) of subsection 7.10.4 of By-law 74.-20~, that the Corporation retain a disposal service to complete the work which Mr. Carver was directed to carry out under Order, and that pursuant to subsection 7.10.5 of the by-law, any expense incurred by the Corporation in carrying out the work be recovered in a like manner as municipal taxes- ORDERED on the motion of Aldernmn Chessman, secondeJ by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 156 - City Manager - Re: 1989 Joint/~nual Conference of A.W.W.A. and O.M.W.A. The report recommends that two members of staff and one member of Council be authorized to attend the Joint annual conference to be held in Toronto from April 13 - 16, 1939 inclusive, at a cost of $i140.~9. Alderman Schisler felt that the content of the progra~nas of this type of conference was very technical ~.n nature aud he could see ne benefit in sending a member of Council to attend. In response to a question raised by Mayor Thomson, the Director of Municipal Works advised that the Assistant Water Superintendent and onemember of senior staff were being suggested to attend the conference. Alderman Puttick suggested that since the theme of the conference was · '~ater and Your Health", that consideration be given to passing a resolution in opposition to plans of an American firm{o damp chemical waste into the Niagara River near Niagara-on-the--.Lake- Alderman theesmart felt that if such a resolution was to be considered, it might be advisable to have a political representative attend the conference. The Director of Municipal Works indicated that the Ontario Municipal Water Association is the political arm of the annual conference. Following further conmeat, it was moved by Alderman Schisler~ seconded by Alderman Fera, that two members of staff be authorized to attend the conference. It was then moved by Alderman Chessman, seconded by Alderman Graaskamp that the motion be amended to include the attendance of one member of Council. ~mis motion was Defeated with the following vote: AYE: Aldermen Chessman, Fera, Graaskamp, Orr and Sobol. NAY"'F,: Aldermen Cummings, Dilts, Herrerr, Furtick, Schisler and Wallman. The original motion to authorize the attendance of two staff members only, Carried with the following vote: AYJ| Aldermen Chessman, Cummings, Herrart, Orr, Puttick, Schisler, aobol and Wallman. NAYEl Aldermen Dilts, Fera and Graaskamp. No. 157 - City Manager - Re: C.S. Anderson Road School - 1980. The report -6- 1' recon~ends that the Assistant Streets Superintendent be authorized to attend the C.S. Anderson Road School to be held at the University of Guelph from Nay 4 - 7, 1980. ORDERED on the motion of Alderman Orrs seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 158 - City Manager - Re: Ontario Municipal Fire Prevention Officers Association. The report recommends that the Director of the Fire Prevention Bureau be authorized to attend the Annual Conference of the Municipal Fire Prevention Officers Association to be held in London from April 9 - lls 1980. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 159 - City Manager - Re: Ontario Municipal Personnel Association. The report recommends that the Personnel Officer be authorized to attend the Spr~i Workshop of the O.M.P.A. to be held in Brockfills from April 16 - 18, 1980. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 160 - City Manager - Re: 1979 Annual Report of the Fire Department. The;~ report provides information on the activities of the Niagara Falls Fire Department for the year 1979 and expresses best wishes to Fire Chief S.C. Thomson who will retire March 31, 1980. ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, th the report be received and filed. Carried Unanimously. No. 161 - City Manager - Re: Fire Department Uniform Tender. The report recommends acceptance of tenders submitted by Ascot Clothes for the supply of complete uniforms, Audibertts Mens Shop for clip-on ties and perma-press trousers and Fishmenfs Mens Shop for shirts. In response to a question raised by Alderman Cummings, the Fire Chief indicated that the low tender on the supply of shirts had been incomplete since the tender indicated that an additional 35% would be charged for tall and stout sizes and no mmterial sample had been included. The tenders had always been called on the basis of a straight price. ORDERED on the motion of Alderman Fete, seconded by Alde~men Graaskmmp, that the report be received and adopted. Carried Unanimously. No. 162 - Nayor Thomson - Re: Vacancy on Finance Committee. The report recommends that Alderman Cummings be appointed to the Finance Committee to fill the vacancy created by the resignation of former Alderman ~acBain. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 163 - City Manager - Re: Municipal Accounts. The report recommends paymen~ of the municipal accounts. I The City Treasurer provided additional information on Cheques #4313, #436! #4387 and #4452 in response to several questions raised. With respect to Cheques #4367 and #4398 for repairs to the Niagara Falls Arena sound system, Alderman Cummings felt that the sound system at the Arena was terrible and that a report should be prepared for Council on the matter. Alderman Chessman indicated that the matter had been discussed briefly by the Finance Committee, however no in depth review of the matter had been held '~ It was then moved hy Aldermen Cummings, seconded by Alderman Nerrett, tha staff be requested to prepare a report on improvements to the sound system at the Niagara Falls Arena. Carried Unanimously. No. 164 - Loan Review Committee - Ne: Explanatory Report. The report provides ~nfommation in response to a question raised by Alderman Sehisler regarding differences in price between estimates and the amount of money recommended for approval under the Frogram. The City Clerk provided additional information in response to e question raised by Alderman Sehisler. ORDEF~Don the motion °fAldermanCheesman, seconded by Alderman Schisler, that the report be received and filed. Carried Unanimously. -7- No. 165 - City Manager - Re: Gasoline Store Tanks. The report provides information on the possibility of gasoline suppliers providing storage tanks free of charge. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously- No. 166 - City Manager - Re: Tenders for Materials. The report recommends acceptance of various tenders for the supply of materials. The Purchasing Agent provided additional information on the tire tender in response to a question raised by Alderman Dilts. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously- See Resolution No. 23 -No. 167 - City Manager - Re: Provincial Secretary for Social Development - Licensing of Baordtng and Lodging Homes. The report recommends that the Provincial Secretary for Social Development be informed that the City of Niagara Falls is currently making use of Section 352(77) of the Municipal Act authorizing the licensing of boarding and lodging homes. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 168 - City Clerk - Re: Consent Items. 1) Regional Municipality of Niagara - Re: Monthly Reports on Water Production and Sewer Flows. Recommendation - For the information of Council, receive and file. 2) Regional Municipality of Niagara - Re: Jog Elimination and Traffic Signals ;, Niagara Road 102 (Stanley Avenue) at Valley Way. Recommendation - For the information of Council, receive and file. 3) Association of Municipalities of Ontario - Re: Proposed Municipal Study Tour of Israel and Egypt. Recommendation - For the information of Council, receive and file. With respect to the letter from the A.M.O., Alderman Puttick connnented that he hoped no area Councils would be sponsoring the attendance of their members on such a tour. Mayor Thomson stated that no funds would be spent by Niagara Falls to send a representative on the tour. In response to a question raised by Alderman Puttick, Mayor Thomson indicated that the Region would provide traffic signals at Valley Way and Stanley, however it would be the responsibility of the City to remove the Jog at the intersection. Alderman Puttick felt that there should be a report from staff outlining the actual work that would be involved in removing the Jog. Following further conment, it was moved by Alderman Dilts, seconded by Alderman Chessman, that the report be received .and filed. Carried Unanimously. It was then moved by Alderman Cummings, seconded by Alderman Merrett, that staff prepare a report on the costs and~[easibilitY of removing the Jog at the Stanley Avenue/Valley Way intersection. Carried Unanimously. RESOLUTIONS No. 17 - SOBOL - MERRETT - RESOLVED that the City of Niagara Falls accepts the work carried out by the Ministry of Transportation and Communications in connection with the latest construction of the Dorchester Road/Q.E.W. Interchange as it affects existing City sewers on the condition that the Ministry reimburses the City in the actual amount spent by the City and estimated at $3,000 to the end of 1979, as well as further expenditures by the City for future remedial repairs if both the Ministry of Transportation & Communications and City conclude that the remedial work can be attributed to l~nistry of Transportation and Communications~ construction of the interchange, and, in fact, a problem exists; AND the Seal of the Corporation be here=o affixed. Carried Unanimously No. 18 - 8CHISLER - MERRETT - RESOLVED that the next Regular Meeting of City Council be held on Tuesday, April 8th, 1980 AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 19 - SOBOL - FERA - RESOLVED that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1980 dated March 24, 1980, - 8 - be adopted as presented in the total estimated amount of $4,970,700 with an estimated subsidy of $1,941,000; AND the Seal of the Corporation be hereto affixed. Carried Unanimou_s.'~ No. 20 - FERA - DILTS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy funds for public, transportation in the amount of $350,228 for the Capital Assistance Progranune and $289,479 for the Trsnsit Operating Assistance Progranune; AND the Seal of the Corporation be hereto affixed. Carried UnanimousjJ No. 21 - CHEESMAN - DILTS - RESOLVED that the Council of the Corporation of thzi City of Niagara Falls hereby requests an allocation of subsidy funds for the transportation for the physically disabled in the amount of $30,370 for Combine Capital and Operating Assistance Programme; AND.the Seal. of the Corporation be hereto~affixed. Carried Unantmousl No. 22 - FERA - GRAASKAMP - RESOLVED that the following tenders for the supply of Fire Department uniforms, be accepted: Complete Uniforms - Ascot Clothes (Division of Banthill Levine) $10,161.58 Clip-OnTies - Audibert's Men's Shop $341.50 Perma-Press Trousers - Audibert's Men's Shop $1,512.34 Shirts - Fishman's Men's Shop $5,126.08 ' ; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl!~ No. 23 - CUMMINGS - ORR - RESOLVED that the following tenders for the supply of various materials, be accepted: Tires, Tubes & Tire Repairs - Firestone Tire Company Hot Mix Asphalt - Northland Bit~lithic Aspbaltic Cold Patch -'Northland Bltulithtc AND Hard Rock Paving Supply of Granular Materials - To be purchased from the low bidder at the source closest to the site used. Gate Valves - Canada Valve Limited Valve Boxes - J.Ro Fergusson Tapping Valves & Sleeves - Canada Valve Limited :' Oxygen, Acetylene & Propane - Niagara Welders Cement, Lime & Seal Bond - Weightman (Chippaws) Limited Ready-Mix Concrete - Niagara Ready-Mix ~arried Unanimousl, ; AND the Seal of the Corporation he hereto affixed. ,BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by. Alderman Fera, that leave be granted-to introduce the following by-laws, and the by-laws be read a first time: N~o. 80-51 -A By-law respecting the alteration of. Cataract Avenue. N_o. 80-5.2 - A By-law to change the names of certain highways. No. 80-53 - A By-law to grant retirement allowances to municipal employees. No. 80-54 - A By-law to authorize the execution of site plan agreements. No. 80-55 - A By-law respecting development agreements. No. 80-56 - A By-law to authorize the execution of litenos agreements with Harold G. Barnett and others. ' No. 80-57- A By-law to authorize the execution of pipe crossing agreements with Canadian National Railway Company. -9- No. 80-58 - A By-law to provide monies for General Purposes. No. 80-59 - A By-law to authorize an agreement with Nisus Construction Limited for'the supply of equipment for the CityIs sanitary landfill site. No. 80-60 - A By-law to amend By-law No. 76-102 being a by-law respecting the issue of licenoes. No. 80-61 - A By-law to authorize the execution of an agreement with Gary Lowe for the sale of timber. No. 80-62 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Cook Street) ~SF~d__ Unanimousl_/ ORDERED on the motion of Alder]nan Merrett, seconded by Alderman Wallman, that the following by-laws be now read a second and third time: No. 80-51 - A By-law respecting the alteration of Cataract Avenue. No. 80-52 - A By-law No. 80-53 - A By-law No. 80-54 - A By-law to change the names of certain highways. to grant retirement allowances to municipal employees. to authorize the execution of site plan agreements. No, 80-55 - A By-law respecting development agreements. No. 80-56 - A By-law to authorize the execution of licence agreements with Harold G. Barnett and others. No. 80-57 - A By-law to authorize the execution of pipe crossing agreements with Canadian National Railway Company. No. 80-58 - A By-law to provide monies for general purposes. No. 80-59 - A By-law to authorize an agreement with Nisus Construction Limited for the supply of equipment for the City's sanitary landfill site. No. 80-60 - A By-law to amend By-law No. 76-102 being a by-law respecting the issue of licenoes- No. 80-61 - A By-law to authorize the execution of an agreement with Gary Lows for the sale of ti~oer. ~ No. 80-62 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Cook Street) Carried Unanimously NEW BUSINESS RYDRO COMMISSION Alderman Fern referred to appointments made by City Council recently to the newly formed Niagara Falls Mydro Comndssion. At the expiration of the current term, members of the Hydro Commission will be elected to office. Alderman Fern stated that the members have only been serving for a short time, add have Just started to effectively carry out their responsibilities. The Alderman suggested that the interests of the municipality would be better served if the current members ~ere allowed to serve a further term. Mayor Thomson pointed out that when the appointments were made, Council made a decision that the members of the Con~nission would be elected to office at the expiration of the current term, and had included this provision in the appointment by-law. During the discussion on this matter~ several members of Council expressed their views on whether the members should be re-appointed or elected. Following further comment~ it was moved by Alderman Merrett~ seconded by Alderman Cummings ~hat the matter be referred to staff for the preparation of a report containing the provisions of the Provincial regulations'covering membership on the Counnission. Carried Unanimously. - 10 - STANLEY AVENUE STORM SE~ER Alderman Puttick referred to a tender called in September of 1975 for the installation of a storm sewer on Stanley Avenue. The contract documentsi~ had specified that the tender was to include a price for steel sheeting to be left in place following construction. The low tenderer, Provincial Construction, had not included a price on this item, since in his opinion it was not necessary. If he was required to use the sheeting, he would have charged an additional fee over and above the contract price tendered. The Alderman indicated that Provincial Construction had given the City a copy of a letter from his soils consultant stating that the sheeting was not necessa~ The contract was subsequently re-tendered and awarded to the firm of Leo Contracting. On checking back, Alderman Puttick stated that he learned the steel sheeting was not used and that wooden forms were left in the ground. The contractor was paid an amount very close to what the original low tender had been. The Alderman stated that he would like a report answering a number of questions on this particular matter and indicated that he would speak to the Director of Municipal Works to provide additional'information. Alderman Puttick commented that his investigation into the matter had been very time consuming, and suggested that a public works committee would be very useful in handling such problems. The Director of Municipal Works indicated that he would be pleased to bring in a report on the matter. With respect to the suggestion of a public works committee, the Director of Municipal Works stated that he had recommend~ to Council previously that a public works committee be established, however no action was taken by Council at the time. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Chessman, that the matter be referred to staff for the preparation of a report. Carried Unanimously. SUPPORT OF NIAeARA FALLS FLYERS Alderman Cummings asked if any action had been taken to discuss with officials of the Niagara Falls Flyera, ways in which the City could support and encourage the team. Mayor Thomson indicated that he ha~spoken to officials and they had requested that any discussions be held after the play-oils. Alderman Cummings stressed the importance of the team to the community, particularly the youth involved in organized sports, The Alderman stated that he would like to ensure that everything possible is being done to keep the team in the City. Mayor Thomson acknowledged the contributions and investment made by the team owner in Niagara Falls. The Mayor also points out that the City had gone to great lengths toimprove conditions at the Arena and assist the team in being a success, In this regard, Mayor Thomson advised that if successful, the City may receive funds which can be used to carry out extensive renovations at the Arena and provide a tremendous facility for the use of the citizens of Niagara Falls. Mayor Thomson further indicated thaC he would ensure discussions witheofficials of the team would take place, PUBLIC MEETING - SANITARy LANDFILL SITE COMMITTEE Landfill Site Committee but would bep c meeting to be held by the Sanitary] y uu:~ more towards Me or asked if another ate could be arra 12dt° attend on the date chosen. April. the middle of SNOW FENCE Alderman Craaskamp advised that he had received a complaint from a residenit in the area of Portage and Mountain Roads that snow fencehad been removed sevel~ weeks previously. The snow storm on March 21st had resulted in a great deal of blowing and drifting snow accumulating on Properties in the area. The Stree~ Superintendent advised that the Region had removed snow fence in this area, It was moved by Alderman Craaskamp, seconded by Aideman Merrett, that the Region be contacted and requested not to remove snow fence so early tu the year. Carried Unanimously. CO~v~IE,NTS OF ALDRRI, P.N CRAAS~ Alderman Craaskamp indicated that he was delighted to have been chosen to serve on City Council and offered his services on any conmtttee of vhtch - 11 - former Alderman MacBain had been a member. The Alderman indicated that he was particularly interested in industrial and commercial growth, health of the downtown area and protection to persons and property. C.N.R. FACILITIES - NIAGARA FALLS Mayor Thomson requested that Council authorize him to contact officials of C.N.R. regarding the closing or relocation of certain facilities in the City'. The Mayor indicated that such action would result in either the loss of Jobs or make it necessary for employees with many years of service to transfer to other areas. In response to a question raised by Alderman Puttick, Mayor Thomson advised that the Industrial Commissioner had been involved in efforts to keep these facilities open. It was moved by Alderman Cummings, seconded by Alderman Dilts, that Mayor Thomson be authorized to contact officials of C.N.R. respecting the possible closing of C.N.R. facilities in Niagara Falls. Carried Unanimously. iNTERSECTIONOFMACKLEM STREET AND PORTAGE ROAD Alderman Dilts indicated that a traffic problem exists at the intersection of Macklem Street and Portage Road near the Weightman Bridge, particularly during the summar months with heavy tourist traffic. It was moved by Alderman Dilts, seconded by Alderman Chessman, that the Region and Niagara Parks Commission be requested to investigate possible improvements at the intersection of Macklem Street and Portage Road at the Weightman Bridge in Chippawa. Carried Unanimously. It was moved by Alderman Chessman, seconded by Alderman Dilts, that the meeting adjourn to Committee of the W~ole. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON Committee Room #1 March 24, 1980 Council met in Monday, March 24, 1980 in Committee of the Whole following a regular meeting of Council. All members were present with the exception of Alderman Hinsperger- Alderman Orr presided as Chairman. Following consideration of the , the Committee of the 'Whole arosewithout reporting. READ AND ADOPTED, .t'co lNsoN; iii 'c/Ei ' MAYOR WAYNE THOMSON Council Chambers March 24, 1980 Council reconvened in formal ~e~s~iaon on Monday, March 24,'1980, following a meeting in Committee of the~' ~k ~embers of Council were present with the exception of Alderman Hi-' ' ~Vrship, Mayor Thomson presided as Chairman. The meeting adjourned READ AND ADOPTED, ' '.V..:. v - ' MAYOR WAYNE THOMSON THIRTEENTH MEETING Council Chambers March 31, 1980 SPECIAL MEETING Council met on Monday, March 31, 1980 following a meeting of the General Comaittee- All members of Council were present with the exception of Alderman Sobol. His Worship, Mayor Thomson presided as Chairman- REPORT No. 169 - City Manager - Re: Lot 16, Falls Industrial Park. The report advises that a by-law has been prepared to authorize an agreement with Marine Wonderland and Animal Park Limited to provide for commencement of construction of a building on Lot 16 by January 11, 1982 and completion by January 11, 1983. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and filed and the by-law given the necessary readings. Carried Unanimously. w BY-LAW ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 80-63 - A By-law to authorize an agreement with Marine Wonderland and Animal Park Limited. Carried Unanimously ORDERED on the motion of Alderman Merrett, seconded by Alderman Wallman, that the following by-law be now read a second and third time: No. 80-63 - A By-law to authorize an agreement with Marine Wonderland and Animal Park Limited- Carried UnanimousiX NEW BUSINESS INTERSECTION OF NURON STREET AND ONTARIO AVENUE It was moved by Alderman Orr, seconded by Alderman Merrett, that the Municipal Parking & Traffic Committee be requested to submit a report on the number of accidents that have occurred in the last six months at the intersection of Huron Street and Ontario Avenue, including statistics from the Niagara Regional Police on the number of injuries involved in these accidents. Carried Unanimously. POSSIBLE EXTENSION OF ST. LAWRENCE AVENUE . In response to a question raised by Alderman Puttick, the Director of Municipal Works stated that Mr. Crate, the consultant working on the Downtown RevitaliZation Study, would be covering the possible extension of St. Lawrence Avenue through to Bridge Street in the comprehensive report'being prepared on downtown development. CO~4ENTS OF ALDERMAN PUTTICK RE: O.G.R.A. CONFERENCE Alderman Puttick provided a brief verbal report on the proceedings of the Ontario Good Roads Association conference held in Toronto recently. 'Several of the items mentioned by Alderman Puttick involved the availability of subsidy monies, employee reductions in Mississauga as a result of the mild winter with low snowfalls, the use of P.V.C. and ductile iron pipe to reduce servicing costs in subdivisions, as well as suggestions on better organization of the conference in the future, particularly the question and answer period. Alderman puttick indicated that he would discuss the organization of the conference with City staff further. The Director of Municipal Works provided additional information on a number of the points raised by Alderman Puttick. RECOGNITION OF VOLUNTEERS BY RECREATION COI~tISSION Alderman Cummings advised that he had been surprised and pleased at the turn out for the Recreation Commission volunteer recognition evening held on -2- Friday, March 28th, 1980. Mayor Thomson agreed that it had been an excellent evening and hoped this would become an annual event. SALE OF INDUSTRIAL LOTS Alderman Graaskamp asked when a person or firm purchases lands in the City's Industrial Park, whether first-hand or from a private firm or individu< if the purchaser must enter into an agreement regarding use of the property. The City Solicitor advised that there is an agreement when the lot is sold, ant the deed will contain certain covenants and restrictions including the submiss~ of a site plan to be approved before a building can be erected. Another condition is that the owner cannot re-sell the land within a certain period of time without the City's consent. If the City's consent is obtained, the new purchaser enters into an agreement with the City. With respect to the request of Marineland to purchase Lots 7, 9, and 14 in the Falls Industrial Fark, the City Solicitor stated that Council had given no direction on what, if any, conditions should be imposed on Marineland as a condition of approval on the purchase of the lots. Alderman Gradskemp expressed concern that no conditions had been imposed on the purchase of the lots, and the fact that industrial lands were being sold to a tourist oriented operation. DRESSING ROOM - NIAGARA FALLS ARENA Alderman Fera indicated that Dressing Room #3 at the Niagara Falls Arena had been in such deplorable condition during a recent hockey tournament, that several partents would not allow their children to use the facilities. It was moved by Alderman Fern, seconded by Alderman Chessman, that the matter be referred to staff for investigation and a report. Carried Unanimously. DRAINAGE PROBLEM ON BRIDGE STREET Mayor Thomson advised members of Council of a serious drainage problem involving several properties on Bridge Street. The Mayor stated that water had collected in the area to the point that it was approaching the rear entrances to the homes. A private drain which drains the property had become blocked making proper drainage impossible. City crews had been instructed to remove the water from the area and had attempted to open t'~ drain without success. Alderman Puttick indicated that he was familiar with the problem and suggested that staff should attempt to resolve the problem if the cost was reasonable. Because there will be some work involved on private property, she Alderman felt it advisable that a resolution of Council be passed to authorize the City to carry out the work. It was moved by Alderman Cheesman, seconded by AldermanPuttick, that City crews be directed to excavate and determine the cause of the problem, and FOURTF_'.ENq}~ ME~TING Council Chambers A.r:l ~ 1980 REGL'LA_"-.. Council met on Tuesday, April 8, 1980 at 7:30 p.m. for the purpose of considering genera*'- business. ~ll n,erc. bers of Council ~,are present. Aldermen Sobol and ~:allman arrived during the course of the Nesting. !lis Worship, l-~yor Thomson presided as thaiman. Alderman Putticl.'- offered the Cpening Prayer. ADOPTION OF MINUTES With respect to the discussion on Report ~J156 of the ~arch 24th, 1980 Council meeting, ~!ayor Thouson advised that Alderman Putt!ok had spoken to ~r. V. Ks:rio, M.L.A. concerning the proposal of S.C.A. Chemical lJas=e Services to discharge chemical waste into the NinEare P.iver, and would like authority from Council to attend the Joint Annual Conference of the A.W.W.A. and O.M.W.A. to present a resolution on the matter. It was raoved by Alderman Dllts~, seconded by Alderman ~[errett, that Aldel~nan Puttick be authorized to attend the conference to be held in Tol:onto from April 13 - 16, 1980. 'j~xe motion Carried with Alderr,~n Schlsler ~oting contrary~ a;nd all others voting in layout. OFDFREB on the motion of Alde~nan Or:, secondled by ~lderr6an Fern= tl'.at the minutes of the meetings held on Fmrch IOth, 17th and 24th: 19a0~ be adopted as printed. Carried Unanimously. DEPUTATIONS DR. A. GOLD RE: MINOR VARIANCE A-9(80) ON KALAR ROAD AT THOROLD STONE ROAD Report No. 170 -- City Manager-- .%"no report recoxcxi.ends that Council advise the Cor~ittee of Adjustment that the following conditions x:il]. be considered a satisfactory arrangen,~nt for consideration of sto~.~ water disposal for the subject application: 1) ~"~at the parking area be created in such a manner that all drainage will discharge from the parking area on to Rain: V.oad; and 2) That consideration be given in 1981 or 1982 for the installation of a short section of storm sewer on Kalar ~oad from the N--5-2 watercourse northerly a sufficient distance to intercept drainage which now accumulates on driveways of buildings located near the watercourse. F~yor .Thomson indicated that }It. Amadlo, solicitor for the appZicant, was in agreement with the recor~endatlons outlined in the report. Alderman Met:eft stated that there h~ze been flooding problems on this section of l~!ar Road and by allowing this property to drain on to Ka!ar r, oad, the make the necessary repairs if the work can be carried out at reasonable ' problem will be magnified. Several residents in tke area also expressed cost. Carried Unanimously. a concern over the storm drainage. The Director of Municipal Works provided additional information on the handling of storm drainage in the area, in MOTORIZED VEHICLES ON PRIVATE PROPERTY response to questions raised by ne[,bera of Council. Follox~ing further discussion- it was moved by Alderman Merrett ~yor ~omson referred to discussions held by Council on numerous occasions by ~lde~mn Sohol~ that the repor,~ be received ann adopted, subject'to proper suggested ~ha~ in view of the increased restrictions to be imposed, ~hat the SHe C~STER~ SNOW ~OBILF CLUE - PKOFCSED ~FCION~, BY-~W PROIIZBZTINC SNOW City should attempt to establish areas ~here their use viii be pemic~ed and encouraged, In response ~o a question raised by Mde~an ~errett, ~yor ~omson MOBILES CN ~E~IO~AL ~.O~D~ ' snow n, obile trails are located, it is sometiP.ms necessary for snow mobiles Un~ .... ~ Club was to promote safe snow mobillug. In order to reach the areas where :, on Regional. Roads would impose severe restrictions on their o~mers. It was moved by ~dermu s econded by ~de~ Merret~ that the ~ McDonald expressed the concern that such restrictions might result in snow meetinS adjourn. Carried Unan~ ' ~ ~ ' ~~Yoa WAY~ ~O~ON ~' S ~e City Clerk advised that the by-law prohibits the operation of snow mobiles ~ ~ on certain roadways ~mder the G~ty's ju~fsdiction. ~e P. eEional by-law would -2- be similar to the City's by-law. It was suggested that the comments of the Club could be forwarded to the Region with the request that they be taken into consideration during review of the by-law. The Mayor suggested that a committee could be established to review existing legislation as well as the proposed Regional by-law and several members of Council along with representatives of the Club could report back to City Council and then to the Region. Alderman Dilts agreed that such legislation could have serious effects on snow mobile clubs in the area and commented that the Region should have contacted the City and asked for its input. The Alderman also commented that the existing legislation was not enforced effectively, and he could see no reason in imposing more restrictions. Alderman Graaskamp expressed concern over the age of persons operating snow mobiles and asked if children were permitted to operate the vehicles on Regional roads. Mr. McDonald explained that children between the ages of twelve and sixteen were only permitted to operate snow mobiles on groomed trails and under close supervision. Regional Councillor Mitchelson provided additional information on the matter and indicated that he would be pleased to see that the Club or any committee established, would be given an opportunity to address the Regional Public Works & Utilities Committee on the matter. It was moved by Alderman Dilts, seconded by Alderman Hinsperger, that the Region be requested to defer further action on the matter and that a committee be set up with representative of City Council and the Sue Crestera Snow Mobile Club. Carried Unanimously. Aldermen Dilta and Hinsperger offered to serve on the committee. MR. E, CARVER - PROPERTY AT 5770 ROBINSON STREET Mayor Thomson advised that he and the City Clerk would be working with Mr. Carver in an effort to resolve his problem. If the problem cannot be resolved satisfactorily, Mr. Carver would be given an opportunity to make a presentation to Council in the future. It was moved by Alderman Schisler, seconded by Alderman Chessman, that the matter be withdrawn fro~'the agenda. Carried Unanimously. MR. A. SMITH - PROPERTY AT CBURCH'S LANE AND STANLEY AVENUE Mr. A. Smith was granted permission to address City Council on the motion of Alderman Sobel, seconded by Alderman Merrett. Mr. Smith stated that the residents in the Dalcin, Heritage a~d Theresa Subdivisions are opposed to the change in zoning of the property bordering on the northeast and southeast corners of Stanley Avenue and Church's Lane, frdm residential to light industrial as proposed by By-law 79-200. Mr. Smith expressed the concerns of the residents to the suggested change and presented a petition signed by area residents. The Planning Director advised that although the land was zoned residential, ever since the City's Official Plan had been formulated and approved by the Province, the land in question had been designated industrial in the Official Plan. By-law 79-200 had only brought the zoning in 'conformity with the Official Plan. It was further advised that the Planning & Development Committee would be considering an application for the rezoning of the property to industrial at its meeting of April 16, 1980, and that the Petitioners should attend the meeting and voice their concerns to the Committee. The Planning Director indicated that he would speak to Mr. Smith prior to the Committee,s meeting -3- F. eport No. 172 ~. City ~nager - The report deals with the legal aspects of the matter of Monte Carlo and Casino Games. AND CoL~municatton No. 52 - Local Council of Women - Expressing opposition to Monte Carlo and Casino Nights for fund raising in the City. AND Communicaticn No. 53 -- Stamford Women's ~nstitute -' Expresslug opposition to Monte Carlo gambling nights for fund raising in the City. ANL Corc~unication No. 54 - Greater Niagara Ministerial Association -- Requesting · that the licensing bodies decline any further request8 from any local or out-of-tokm organizations to hold casino nights. Co-munication No. 55 - Social Planning Council -- Requesting that the Council authorize the Social Planning Council to carry out an in-depth study on the future of casino gambling in the City. During consideration of this matter, representatives of the following groups addressed City Council in support of the popular "Monte Carlo" and Casino nights as a means of fund raising: Mr. R. Cowan of the Niagara Falls Kinsmen Club; .'~x. It. Fansc;ato of the Optimist Club~ Mr. W. Sor.~..erviile and Mr. M. Gagliardi of the Fallsview Hose Brigade; Mr. R. Prentice of the gramford Centre Volunteer Fire ~ighters; Mr, A. Nieuwesteeg of the Jaytees; and Mrs, D. Taylor of li,-TEC. ~. E. Fisher, Director of the Lotteries Branch of the Ministry of Consumer and Commercial Relations, explained the rules of the Province and the Municipality in the licensing of social gaming in Ontario. ~en the Monte Carlo and Casino Nights started to become popular, the concern of the Province was that the games would be operated honestly and strictly according to regulations. ~. Fisher advised that the Provincial regulations stipulate that a service group cannot operate more than six events in one calendar year, and for the purposes of the Fiinistry, an event that runs for two or three evenings would be considered one event. This regulation would prevent one particular organization from monopolizing fund raising schemes and allows all organizations to raise funds for their particular causes. ~. Fisher assured Council that the Ministry would not issue any licences which would not be considered in the best interests of the Municipality. Mr'. J. Buchanan of Conk!in-Garrett Shows, Casino Division, provided information on the machine rental and services provided by Conklin-Carrett Shows. Additional information was provided in response to questions raised. Deputy Chief of Operations M. Walsh of the ~iagara ~egiona! Police, explained the responsibilities of the Police in the processing of permits for Casino Mi~ats. The Deputy Chief expressed his concern that :~onte Carlo nights were a legalized felon of gambling and were becoming a problem for policing. Any operation of this nature places a burden on the Police since the books of the organizations have to be examined and uniformed Police Officers must inspect the premises to be sure the games are b~ing operated properly. Deputy Chief Walsh provided additional information in response to several questions~raised. Alderman Cummings suggested that the matter of casino gangling should be studied by the Social Planning Council, and that permits continue to be ~rocessed by the City. .1' i i 'and provide him with additional background on the matter. Following further discussion, it was moved by Alderman Cheesman, seconded Alderman Puttick felt that the issuance of further permits should be held in abeyance and that Council should meet with the Social Planning Council and the groups that objected in writing to discuss the future licensing of any by ~Llderman Cummings, that the matter be referred to the Planning & Development type of gambling in the City. Committee for consideration at its April 16, 1980 meeting, and that the : Following a full discussion, it was moved by Alderman Puttick, seconded and Monte Carlo Games from out-of-town organizations will not be considered UNFINISHED BUSINESS L for approval. Carried Unanimously. MONTE CARLO AND CASINO NIGHTS ;' It ~as then moved by Alderman ~uttick~ seconded by Aldennan err, that the application of the Welland Curling Club not be recommended to the Ministry of Report No. 171 - Lottery Licensing Officer - The report provides info i Consumer & Commercial l~elatiens for approval. Carried Dnanimously, the applications approved to date and applications Pending.,apprOva e ommerclal Relations. ' further applications for Casino and Monte Carlo Nights be processed until Council ................ , ..... . .... 4 -4- meets with the Social Planning Council and those groups objecting, to discuss future licensing of any gambling in the City. The motion was Defeated with following vote: AYE: Aldermen Puttlck and Wallman. NAYE: 'Aldermen Chessman, Cummings, Dilts, Fera, Rinsperger, Graaskamp, Merrett Orr, Schisler and Sobol. It was then moved by Alderman Cummings, seconded by Alderman Orr, that matter of Casino and Monte Carlo Games be referred to the Social Planning Co~i_ along with all available material for an indepth study, further that all interested organizations in the City be given an opportunity to provide input for the study, and that applications from local groups for such events continue to be processed. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Dilts, Fera, Hinsperger, Graaskamp, Merrett~ Orr, Schisler and Sobol. NAYE: Aldermen Patrick and Wallman. APPLICATION FOR EXEMPTION FROM PART LOT CONTROL - A. SIEFRIED BUILDERS - LOTS 20 - 28, DORCHESTER SQUARE SUBDIVISION, PLAN M-52 Report No. 173 - City Manager - The report recommends passage of two by-laws authorizing an agreement with A. Sicfried Builders and to designate certain land not to be subject to part lot control. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-laws 80-65 a 80-65 OBJECTIONS TO ZONING BY-LAW 79-200 Report No. 174 - City Manager - The report recommends passage of a resolution adopting the position taken by Council with respect to letters of objection and requests for changes in By-law 79-200. ORDERED on the motion of Alderman MetPert, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 2! CONTRACT S.S. 21-75 AND S.S. 38-75 FOR TRUNK STORM SEWER ON STANLEY AVENUE Report No. 175 ~ City Manager - The report provides information on the procedure followed in awarding a contract-for the installation of an 84" diameter trunk storm sewer on Stanley Avenue. Mayor Thomson indicated that the original low tendeter felt there would be no point in debating the circumstances of a decision made in 1~75, and that nothing would be gained by carrying on further discussions. The Mayor advised that the contractor would like to meet with a committee of Council and other local contractors to discuss possible improvements in the City's tendering and contract procedures. Aldermen Dilts, Fern-and 'Herrerr offered to serve on such a committee. Alderman Chessman suggested that Council establish a public works con~nittee to deal with problems of this nature on a continuing basis. Mayor Thomson agreed that such a committee would be useful, however because of the time commitments involved in the many other committees of Council, the Mayor felt that the committee's involvement should be limited. Alderman Furtick provided further information on his involvement in the matter, and expressed his views on the suggestion of a public works committee, Following further comment, it was moved by Alderman Craaskamp, secbnded by Alderman Fera, that the report be received and filed and that a committee of Council be established to meet informally with local contractors. ' Carried Unanimously. __ APPOINTMENTS TO NIAGARA FALLS .HYDRO COMMISSION Report No. 176 - City ManaRer - The report recommends that members of Council review the information presented concerning appointments to the Niagara Falls Nydro Commission and determine if an amendment to By-law 79-197 is required, Mr, 6, Burlay a member of the previous Commission, explained the history of the establishment of the new Commission and expressed the hope that Council would not amend the by-law coallow the existing Commission to remain in office. 1 -5- Mr. G. Prate and ~. J- Somerville presently serving terms on the Commission, expressed the hope that they ~ould be a].lcwed to continue their work on the Commission, in particular the negotiations with ~taric liydro for the assumption of various facilities in the City. It was pointed out that the ne]~ ~ommlssion had so far been successful in saving a great deal of money through negotiations with Ontario Hydro. In the discussion that followed, members of Council expressed their opinions on whether or not the existing Commission should be permitted to remain in office a further term: or be elected through a general vote in Nover~er. Alderman Graaskamp felt that the Commission should be elected, however under the existinS leSislatior.. there would be nc guarantee that Chippawa and the rural areas ,,,cold still have representation on the Commission. The City Clerk advised that Bill 29 was quite specific in stating that the Commission shall be elected by a general vote of the electors. Alderman Patrick felt the matter should be tabled to determine if the new Cormmission was ;,-orking effectively and if in fact it had actual. IV saved so much money. Mayor Thomson explained that the negotiations in question were still being conducted. with Ontario l{ydro and that no figures had been set as yet on the take over of the facilities by the local Ccr~.ission. It was likely that the matter would be dispute~ in the courts by Or..tario Rydro. Following considerable discussion, it was moved by Alde,_]nan Grasskemp, seconded by Alderman Dilts, that the matter be tabled for two weeks for information from the Province on whether ~i!i 29 is final and binding; or if the Frovkce would consider a private bill ~o provide for representation from the different area.s of the City. The motion was Defeated with the following vote: AYE: Aldermen Dilts, Fern, Hinsperger, Grasskemp and Orr. NAYE: Aldermen Chessman, Cummings, Merrett, Puttick, Sckisler, Sobol and Wallman. It was then moved by Alderman MetPert, seconded by Alderman CummiDgs, that Ey-law 79.-197 not be amended. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings: Merrett~ Puttick, gchisler, Sobol and Wallman. NAYE: .~ldermen Dilts, rera, |linsperger, Graaskamp and Orr. OBJECTION~ TO ZONING AME,~ME~ BY-LAW 80"15, BOMDAL INVESTmEntS LIMITED Report No. 177 - City Clerk - The report requests that Council revt~ the objections to the passin? of By-].m~- 80-15 in order that the ~ity Clerk can report to the Ontario Municipal Board the position taken by the Municipality with respect to the objections. The City Clerk advised that there may be a letter coming from the applicants asking that the application be ~ithdr~m, which would terminate any further action on the ~tter. Until that time, the application will be processed in the normal manner. "' ORDERED on the motion of ~'ddernan Sobol, seconded by Alderman ~rrett, that the by-laW and objections be referred to the. ~ltario Municipal Board. Carried .Unanimously. C0t. RR]NICA~ZONS No. 52 - Niagara Escarpment Commission -- Re: Phase I and Phase II Rearfags for the proposed Niagara Escarpment Plan. The communication provides infonnation on the Phase I and Phase II hearings to be held on the proposed plan for the Niagara Escarpment. ORDEPZD on the motion of Alderman Sobol, seconded by Alderman Cu~,miings, that the Fingers Escarpment Commission be notified that the City ~ill participate in the Phase II Hearings. CaXried Unanimously. No. 53 - Niagara Transit - Re: CNICrossings. ~xe communication requests assistance in eliminating unnecessary delays at railway crossings. ORDERED on the motion of Alderman Schisler, seconded by Alderman MetPert, that a copy of the material presented be forwarded to officials of C.I/.R. with a request that every effort be made to minimize delays incurred by Transit vehicles. Carried Unanimously, No. 54 - Niagara Transit - Re: Public Meeting ou April ].5, 1980. The communication advises that. a public meetin~ will be held ~n the Council -6- Chambers at City Hall on Tuesday, April 15, 1980 at 7:30 p.m. to discuss the proposed construction of a transit terminal at the southwest corner of Sylvia Place and Peer Street. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that as many members of Council as possible attend the meeting. Carried Unanimously. No. 55 - Hr. M. Scordino - Re: Proposed Transit Terminal on Sylvia Place. Thi~ communication expresses objection to the proposed transit terminal on Sylvia Place. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the communication be referred to the public meeting to be held on April 15, 1980. Carried Unanimously. No. 56 - City of St. Catharines - Re: Notification of Liquor Licence Applicat The communication requests endorsation of a resolution requesting additional notification procedures in the processing of liquor licerice applications. Mayor Thomson provided additional information in response to a question raised by Alderman Sobol. Alderman Merrett felt that this revised procedure would be creating a lot more red tape for the individuals applying for licences. ORDERED on the motion of Alderman C,mmings, seconded by Alderman Fera, that the resolution be endorsed. The motion Carried with Alderman MerEerr voting contrary and all others voting in favour. No. 57 - Association of Municipalities of Ontario - Re: Workshops in the Draft, Planning Act. The communication advises that theA.M.O. will be sponsoring four 1-day workshops to discuss the Draft Planning Act. ORDERED on the motion of Alderman Dilts, seconded by Alderman Graaskamp, that three members of Council and two members of staff be authorized to attend thei, Workshops. Carried Unanimously. No. 58 - Ontario Public Library Association - Re: Spring Workshop on Library Boards and Municipal Governance. The communication extends an invitation to the members of City Council to participate in the subject workshop. ORDERED on the motion of Alderman Merrett, seconded by Alderma. A Orr, that the communication be received and filed. Carried Unanimously. No. 59 - Dr. D. Afrukhteh - Re: Historical Building at 4190 Park Street. The communication advises that due to serious damage caused by a recent snow storm the building had to be demolished. The communication also states that it is regrettable the building had to be demolished when the City has funds for renovation and restoration in;this section of the City. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the communication be received and filed and that clarification be provided to Dr. Afrukhteh regarding his statement that the City may have funds for tenover: or restoration of that section of the City. Carried Unanimously. No. 60 - Residents and Taxpayers of the Fallsview Area - Re: Major Expenditure]" for the Niagara Falls Arena. The communication expresses opposition to any major expenditure of funds on the existing Niagara Falls Arena and suggests that consideration be given to the constructionof a new'facility on municipal lands in the Fallsview/Mount Carmel Area. -~' Mayor Thomson provided additional information regarding grants and subsidi] in response to a question raised by Alde~man Oraaskamp. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the petition be referred to the Special Arena Comm~ tree.. Carried Unanimously. REPORTS No. 178 - City Manager - Re: Designation of Chief Planning Officer.' The report recommends passage of a resolution designating Mr. A. Greaves as the Chief Planning Officer for the City of Niagara Falls. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. No. 179 - City Manager - Re: Site Plan Approval - Proposed Animal Clinic at ,OtNeil Street and St. Paul Avenue. The report reconnende passage of the subject site plan as submitted. The Building & Development Co-ordinator provided additional information in response to a question raised by Alderman Nerrett. -7- ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the reportbe received and adopted. Carried Unanimously. No. 180 - City Manager - Re: Site Plan Approval - Proposed Addition to Nancy's Country Kitchen Restaurant on Sodom Road. The report recommends approval of the subject site plan as submitted. ORDERED on the motion of Alderman Puttick, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously- No. 181 - City Manager - Re: Disposal of Part of Unopened Portion of Smith Avenue. The report recommends that the westerly 33' of Smith Avenue be closed and conveyed to Mr. Cirillo Martignano at a price of $3300. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. NOTE: Alderman Orr retired from the meeting. No. 182 - City Manager - Re: Lease #246904 Ontario Hydro for Turning Circle for School Buses. The report recommends that the lease with Ontario Hydro for the use of part of Township Lot 64 on the east side of Garner Road north of Thorold Stone Road for the purpose of a turning circle for school buses, be terminated. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 183 - City Manager - Re: Westway Estates Subdivision. The report recommends 'that the Ministry of Housing be advised that the City of Niagara Falls concurs with a one year extension of draft plan approval to April 15, 1981 in respect to the proposed Westway Estates Subdivision. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that tha report be received and adopted. Carried Unanimously. No. 184 - City Manager - Re: Lots 9, 10 and 11, Falls Industrial Park Extension. The report recommends that Council approve of a request for a reserve until May 9, 1980 from Campbell and Joudrey Ltd. on Lots 9, 10 and 11 in the ,Falls Industrial Park Extension, on the west side of Kister Road. ORDEPd~.D on the motion of Alderman Craaskamp, seconded by Alderman C~nnmings, U~anim us y. that the report b~ received and adopted. Carried o 1 No. 185 - City Manager - Re: Niagara South Board of Education Request for Conveyance of Road Allowance. The report recommends that Council agree to close and authorize the sale and conveyance to the Niagara South Board of Education of that part of the unopened road allowance between Township Lots 17 and 24 of the Former Township of Stamford, designated as Part 7 on Reference Plan toR-310O, having an area of 0.322 acres and that the sale price of the land conveyed to the Board be at the same rate per acre as established by the Board's appraiser for the remainder of the Board's lands plus the cost of advertising and other disbursements. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 186 - City ~anager - Re: Fruitbait Parkway. The report recommends passage · of a by-law authorizing the acceptance of a conveyance of land from Fruitbelt Trucking Inc. and to lay out and establish the land as Fruitbelt Parkway, and passage of a resolution authorizing an application to the }~nister of Housing pursuant to Section 450 of the Municipal Act for the laying out of the land ~described therein as a public highway. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted. The motion .Carried ~ith Alderman Puttick voting contrary, and all others Voting in layout. See Resolution No. 26 and By--law No. 80-66 No. 187 - City ~anager - Re: Union ~mrsh Drain - Former Township of Willoughby. The report recommends that the information contained therein be received and that complete information on the provisions of the Drainage Act in respect of remedial work on municipal drains be provided to persons inquiring as to the possibility of having repairs carried out to the Union Marsh Drain. Alderman Wallman provided additional information on the matter and indicated that he would do his bet to get some input from citizens in the area. Mr. D. ~Keuzie, a property owner in the area~ stated that if remedial work is to be carried out, there must be on-going regular maintenance in order to be effective. ORDERED on the motion of Alderman Wallman, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. . .... 8 -8- No. 188 - City Manager - Re: Quotations for Rental of General Purpose Equipment. The report recommends that the schedule for rental of general purpose equipment be used starting with the economically lowest rate for equipment available and suitable when required for City operations. In response to a question raised by Alderman Graaskamp, the Director of Municipal Works advised that the City does not have any private contractors spreading salt on City roads. ORDERED on the motion of Alderman Fera, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 189 - City Manager - Re: 1980 Tenders for Grass Seed, Sod, Traffic Paint, · and Supply and Apply of Traffic Paint. The report recommends acceptance of tenders from F.R. Smith Seeds, Otto Pick .& Son, Niagara Metion Sod, Young Sod Supply, Niagara Paint & Chemical and Modern White Line Service. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 190 - City Manager - Re: Stop Signs. The report recommends preparation of a by-law to authorize the erection of stop signs on Butler Place, Secord Place, Loyalist Avenue, Empire Place, MacPherson Crescent, Gall Avenue, St. George Avenue, Theresa Street, Hillcrest Crescent, Mercury Avenue, Piva Avenue, Cambridge Street, St. Andrew Avenue, St. Patrick Avenue, Desson Avenue, Portage Green Drive, Marion Avenue and Confederation Avenue. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. No. 191 - City Manager - Re: Jack Bell Arena Mezzanine. The report recommends passage of a by-law to authorize an agreement with the Greater Niagara Minor Hockey Association for the use of a major portion of the Jack Bell Mezzanine Area. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously.. See By-law No. 80-67 No. 192 - City Manager - Re: Surface Treatment Program for 1980. The report recommends that Council approve the calling of tenders for tl~ surface treatment program for 1980 and the award of the contract to the successful tendeter prior to the operating budget being approved. ORDERED on the motion of Alderman Fera, seconded by. Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 193 - City Manager - Re: Ontario Association of Fire Chiefs. The report recommends that Council authorize the attendance of the Fire Chief and three Area Fire Chiefs at the annual conference of the Ontario Association of Fire Chiefs to be held in Hamilton from May 4 - 8, 1980. " ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 194 - City Manager - Re: Canadian Building Officials Association Conference, The report recommends that the Building & Development Co-ordinator be authorized to attend the subject conference to be held in Edmonton, Alberta from May 11 - 14, 1980. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 195 - City Manager - Re| Municipal Accounts. The report reconmends payment of the municipal accounts. The City Manager provided additional information on Cheques #4627, #4660, #4661, #4666, #4688 and #4779 in response to questions raised by Aldermen Cummings, Graaskamp and 8obol. With respect to Cheque #4647 for improvements to the sound system at the Niagara Falls Arena, the City Manager indicated a report was in the process of being prepared and would be submitted at the next Council meeting. ORDERED on the motion of Alderman Merrett, seconded by Alderman Schisler, that the report be received and adopted. The ,motion Carried with Alderman Puttick abstaining on a conflict of interest on Cheque #464Y, and all others voting in fayour. -9- 2) Regional Municipality of Iliagate - Re: Procedure for Handling Requests 'to Issue Debentures. Recommendation - For the inforaation of Council. 3) ~ss Irene McAfee -- Pa; Donation of !ntique Collsction. Recommendation - That Mayor Thomson be commended for his efforts in having the McAffee collection given to the Municipality. 4) [~nistry of Housing-. Re: Changes in entario Housing Corporation Subsidized Rental Units. Recommendation - For the information of Council. 5) Boys & Girls Club of Niagara - Re: Annual City Council/Board of Directors Swtn~a-Thon Challenge. Recommendation .-. For the information of Council. 5) Municipal Transportation Energy Advisory Co~nittee -- ks: Municipal Transportation Energy Seminar -. April 2~th, Hamilton. Recommendation - That arrangements be made to have representatives of the City, including the Transit Commission, attend the Seminar. )hyor ~'aomson requested that Council authorize the City Slerk to write to Miss McAfee thanking her for her interest in the Municipality. Alderman Sobol suggested that a suitable plaque could be prepared and presented to .Miss McAfee in recognition of her contributionz. O~LDBRED on the motion of ;lderman Chessman, seconded by Alderman Merrett, that the City Clerk send a letter of thanks to FaLse Irene McAfee. Carried Unanimously. ORDERED on the motion of Alderman Dilts, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. P_~TIFICATION OF GENEPAL CO~E~ITTEE SZSSI~N DECISION - REQUEST BY FtLRINELAND FOR APPROVAL OF ITS PURCHASE OF LOTS 7, 9 AND 14, FALLS INDUSTRIAL ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that Council approve the purchase of Lots 7, 9 and 14 in the Falls Industrial Park, by )brineland. Carried Unanimously. Mo. 24 - CHEESF~2] - WALL~3 '- RESOU%;ED T}L~T ~rHERF~S Ontario ~agulation 78/80 'prescribes procedures allowing zoning by-laws to come into force without Ontario Municipal Board approval; and 'alERFJ~S each zoning amendment by--law, when circulated, must be accompanied by Schedule 3, being a statement of the.proposed by-law's confirmity to the ..! . Official Plan; and "'i"~ ~rHEREAS Schedule 3 must be stg~'~ed by 'the Chief Planning Officer of the ',~ ..~ Municipality, deslgT~ated by resolution of Council; NOW THEREFORE BE IT RESOLVED that Alec Greaves be designated as the Chief Planning Officer for the purpose of completing Schedule 3 of Form 1 under ." the provisions of Ontario ~egulation 73/80; ~D the Seal of the Corporation be hereto affixed. Carried Unanimously meetings of Council in General Committee on the 3rd, 17th and 31st days of March, 1980 with respect to the objections and requests for changes in the are hereby ratified and confirmed: Reconmmndation - That the week of ~hy 3 - 10, 1980 be proclaimed Big Sistei the Council of the-City of Niagara Falls on the said objections. Weak in accordance with established policy. ..... 9 ..... 10 ....... That the recommendations of the Planni ,g ,irector on objections NOS. 1, 2 (considered with No. 19), 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19 (as revised by addendum dated 1980 03 31), 20, 21, 22, 23, 25 (as revised 1980 31), 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 44, 45, 46, 47A, 47B, 48, 49, 50, 51, 52, 53, 54, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 69, 72, 73~(as revised 1983 03 31), 74 (as revised 1980 03 31), 75 (as revised 1980 03 17), 76, 77, 78, 79, 80, 81, 83, 84 (as revised by addendum dated 1980 03 17), 85, 86, 87, 88 (considered with No. 34), 89, 90, 91, 92, 94, 95A, 95B (considered with No. 85), 96, 97, 99, 100, 101, 104, 105,106, 107, 108 (as revised 1980 03 '31), 109, 110, 112, 113, 114, 115, 116 are adopted as the positions taken by the Council of the City of ~lagara Falls on the said No. 196 - City Clerk - Re: Consent Items. (b) Ihat the recommendations of the City Solicitor on objection Nos. 1) Niagara Falls Big Sister Association - Re: Big Sister Week, May 3 - 10, 1980, 10, 26, 38, 70, 82, 93, 111 are adopted as the positions taken by (c) - 10 - That with respect to objection Nos. 11 (Cyanamid Canada Inc.) and 43 (L.W. Atkinson) the Ontario Municipal Board be advised that the Council has directed staff to continue discussions with the objectors with a view to resolving the objections. (d) That with respect to objection No. 55 (B.P. Canada) the Ontario Municipal Board be advised that the Council is prepared to pass a by-law to establish an AS (Automobile Service Station) Zone for the objector's property. (e) That with respect to objection No. 56 (Donald N. Chapman Associates) that Council agrees that the proposed arcade, go-cart track and water slide uses be permitted and that the reconmendations contained in the report of the City Solicitor on this objection is hereby adopted. (f) That with respect to objection No. 103 (M. Stockton re R4 Zone on McLeod Road) that the recommendations contained in the report of the Planning Director dated 1980 03 17 be adopted with the additional proviso that the Council is prepared to further amend the zoning schedules to provide for an R1 Zone category for the land on the north side of McLeod Road between Dorchester Road and the Ontario Hydro Power Canal instead of the recommended change to TRMZone. 2. That with respect to objection No. 102 (Strew Construction Company Limited), the report of the Planning Director be adopted and that the objector be advised to initiate an application for amendments to the Official Plan and zoning by-la at its convenience. 3. That with respect to objections 67, 68 and 71 (3 properties on Bridgewater Street), the Ontario Municipal Board be advised that Council is prepared to accede to the request and initiate the required amendments to the Official Plan and zoning by-law. 4. That copies of the reports to the Planning Director and the City Solicitor on the respective objections and requests for changes be fo~rded to the Ontario Municipal Board, together with copies of the letters received from objectors agreeing with the recommendations in these reports with respect to objections Nos. 30, 36, 49, 52, 54, 70, 80, 82, 95A and 110. 5. That copies of the letters from objectors withrawing objections Nos. 45, 64, 86, 98, 105, 111 be forwarded to the Ontario Mu~icipal Board. 6. That the Ontario Municipal Board be requested to set an early date for the hearing of the objections and requests for changes; ANDfthe Seal of the Corporation be hereto affixed. 'Carried Unanimously No. 26 - MERRETT - DILTS - RESOLVED that pursuant to section 450 of The Municipal Act, the Minister of Housing be requested to approve the passing of a by-law by this Council for establishing and laying out the lands in the attached description (and being the same lands described in Schedule "B" to an agreement dated the 20th day of February, 1980 between Fruitbelt Trucking Inc. and the Corporation of the City of Niagara Falls) as a public highway; AND the Seal of the Corporation be hereto affixed. Puttick voting and all others vott~ in fayoUr. _ BY-LAWS - 11 - No. 80-67 - A By-law to authorize a lease with the Greater Niagara Minor Hockey Association. No. 80-68 - A By-law to provide monies for general purposes. No. 80-69 - A By-law to appoint John G. Graaskamp a member of Council of the City of Niagara Falls. No. 80-70 - A By-law to appoint David Thomas Kemp, Fire Chief. Carried with Alderman Puttick voting contrary on By-law 80-66, and all others voting in fayour. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, that the following by-laws be read a second and third time: No. 80-64 - A By-law to authorize an agreement with A. Seifried Builders Limited respecting certain lots on Plan M-52. No. 80-65 - A By-law to designate certain land not to be subject to part lot control. No. 80-66 - A By-law to authorize the acceptance of a conveyance and to lay out and establish land as Fruitbelt Parkway. No. 80-67 - A By-law to authorize a lease with the Greater Niagara Minor Hockey Association. No. 80-68 - A By-law to provide monies for general purposes. No. 80-69 - A By-law to appoint John G. Graaskamp a member of Council of the City of Niagara Falls. ~ No. 80-70 - A By-law to appoint David Thomas Kemp, Fire Chief. Carried with Alderman Puttick voting contrary on By-law 80-66, and all others voting in favour. NEW BUSINESS PORTAGE ROAD BRIDGE OVER THE HEPC CANAL It was moved by Alderman Merrett, seconded by Alderman Cummings, that 'the McCormick, Rankin Report on Investigation=and Evaluation of the Existing Portage Road Bridge over Ontario Hydro Power Canal, be referred to the special committee concerning the Portage Road Bridge. Carried Unanimously. WORLD HEALTH DAY - APRIL 7, 1980 Alderman Cheesman referred to material distributed to Council concerning World Health Day which deals with smoking. The Alderman advised that this is 'still a matter of concern to the Smoking By-law Committee, and commended the material for the Council's reading. RaILWAY RELOCATION Alderman Puttick stated it was his understanding that although studies ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that had been undertaken on railway relocation in the City, there wou~d be no funds leave be granted to introduce the following by-laws, and the by-laws be read from any level of government to actually carry out such work. Mayor Thomson a first time: advised that the studies had been paid for, and there was no point in dropping the matter since valuable traffic and railway information was being gained No. 80-64 - A By-law to authorize an agreement with A, 8eifried Builders Limited that the City would not otherwise have. The Mayor confirmed that no level of respecting certain lots on Plan M-52. government had made any commitments as far as financial participation in the actual railway relocation. The Director of Municipal Works provided No. 80-65 - A By-law to designate certain land not to be subject to part lot additional information. No. 80-66 - A By-law to authorize the acceptance of a conveyance and to lay out and establish land as Fruitbelt Parkway. ..... - 12 - FINANCE CONNITTEE Alderman Cheesman reminded members of Council that there would be a meeting of the Finance Committee on April 9th, 1980. It was moved by Alderman Fera, seconded by Alderman Sobol, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ~L~INSON CITY CL~' MAYOR WAYNE THOMSON FIFTEENTH MEETING Council Chambers April 14, 1980 SPECIAL MEETING Council met on Monday, April 14, 1980 following a meeting of the General Committee. All members of Council were present with the exception of Aldermen Orr, Puttick and Wallman. His Worship, Mayor Thomson presided as Chairman. REGIONAL REPORT ON INDUSTRIAL PROMOTION It was moved by Alderman Sobol, seconded by Alderman Hinsperger, that the Region be requested to extend the April 24, 1980 deadline for comments on the Woods Gordon Report on Economic Development, in order that Council will have an opportunity to formulate a presentation through the Niagara Falls Business & Industrial Growth Agency to the Regional Council. Carried Unanimously- REPORTS No. 197 - City Manager - Re: Contract S.S. 3-80, Storm Sewer Construction on McLeod Road from Stanley Avenue to Conrail Drainage Channel. The report recommends acceptance of the tender submitted by William Duffin Contracting Limited for the subject contract. ORDERED on the motion of Alderman Schisler, seconded by Alderman Graaskamp, that the report be received and adopted. Carried Unanimously. See Resolution No. 27 See By-law No. 80-71 Verbal Report - Projects & Services Engineer - It was recommended by the Projects and Services Engineer that Council authorize an expenditure of $1,200 for the purchase and installation of speakers for the Niagara Falls Memorial Arena. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the recommendation of =the Projects & Services Engineer be adopted. Carried Unanimously. No. 198 - City MAnager - Re: 1980 Aerial Photography. The report recommends that Northway Gestalt Corporation be authorized to undertake aerial photography during the month of April, 1980 with the cost of the work to be charged to the to-ographical mapping reserve account and capital works by-laws 79-218, 77-246, 79-217, and certain 1980 Capital Budget projects. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. -Carried Unanimously. No. 199 - Alderman C. Cheesman, Finance Committee - Re: Rubbish Collection 1980. The report recommends that City forces be used to collect rubbish in 1980 commencing May 20, 1980. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 27 - SCHISLER - GRAASKAMP - RESOLVED that the unit prices submitted by W. Duffin Contracting Limited for storm sewer construction on McLeod Road from Stanley Avenue to the Conrail Channel, be accepted at the tendered price of $186,628.92; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAW ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 80-71 - A By-law to authorize the execution of an agreement with W. Duffin ContrActing Ltd. for the eonstrnction of a storm sewer on McLeod Road from the Conrail Channel to-Stanley Avenue. Carried Unanimously. 2 ORDERED on the motion of Alderman Fera, seconded by Alderman Herrerr, that the following by-law be now read a second and third time: No. 80-71 - A By-law to authorize the execution of an agreement with W. Duffin Contracting Ltd. for the construction of a storm sewer on McLeod Road from Conrail Channel to Stanley Avenue. Carried Unanimously NEW BUSINESS MINOR VARIANCE APPLICATION A-13/80 GENERAL ABRASIVES ON STANLEY AVENUE Alderman Sobol referred to a notice distributed to Council concerning an application by General Abrasives for permission to constroct two domes with a diameter of 225' and six silos at their Stanley Avenue plant. The Alderman stated that the notices did not specify what would be stored in these structures. Mayor Thomson assumed that any materials stored would have somethk to do with the abrasives industry, and indicated that the appropriate informati~ would be supplied to the Alderman. WASHROOMS AT NIAGARA FALLS ARENA Mayor Thomson referred to a complaint raised concerning the condition of washrooms at the Niagara Falls Arena during a recent tournament, and advised that the problem had been caused by the continuous use of the facilities without a break. The staff had not had an opportunity to get into the washrooms in order to clean them. HISTORICAL CONFERENCE - BROCK UNIVERSITY Alderman Graaskamp advised that he had recently artended a conference on the history of the City and the Region at Brock University. The Alderman provlded information on the activities of the conference and advised that the proceedings will be printed in book form and will be available to interested persons. FINANCE COMMITTEE Alderman Cheesman advised that the Finance Committee would be meeting on April 16, 1980 at 4:00 p.m. It was moved by Alderman Cheesman, seconded by Alderman Fera, that the meeting adjourn. Carried Unanimously. I.'~ READ~~DOPTED~ · c TY · L. COLL , m SIXTEENTH MEETING Council Chambers April 21, 1980 REGULAR MEETING Council met on Monday, April 21, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. Alderman Wallman arrived during the course of the meeting. His Worship, Mayor Thomson presided as Chairman. Alderman Schisler offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that the minutes of the meetings held on March 31st, 1980 and April 8th, 1980, be adopted as printed. Carried Unanimously. PRESENTATION TIME CAPSULE PRESENTATION - STUDENTS OF GEORGE P. VANIER SCHOOL Vasant Ramlaggan and Roman Viskup, students of George P. Vanier School gave a verbal presentation on the time capsule they had prepared under the guidance of their teacher, Mrs. M. Vanderschoot. The capsule itself is constructed of ASS pipe, six feet in length and six inches in diameter, containing two compartments. One compartment will contain large items such as maps, postcards, a telephone book, etc., while the second compartment composed of two small containers, will hold items such as a 1980 Trade Dollar, seeds, amicro-film copy of the local newspaper and souvenirs of the City's 75th Anniversary. The capsule was constructed in such a manner that it would withstand earth pressure for several hundred years. In order to ensure that the capsule would not be disturbed, it was suggested that it be buried on municipal property. Mayor Thomson congratulated the students and their teacher for their work which was done in recognition of the City's 75th Anniversary. DEPUTATION PORTAGE ROAD BRIDGE OVER THE HEPC CANAL Report No. 200 - Mayor Thomson - The report requests that Council provide direction on the course of action to be taken concerning'the Portage Road bridge over the HEPC Canal. Mr. Paul Foy was granted permission to address Council on the motion of Alderman Hinsperger, seconded by Alderman Cummings. Mr. Foy advised that the bridge had been closed the very day the new bridge opened, despite promises of the life expectancy of the bridge. Many long term business commitments were made because of the promise to keep thig~ridge open. Mr. Foy stated that little or no maintenance had been done on the bridge, and that more money had been spent on reports in the last five years than on actual repairs to the structure. Reference was made to a letter from the Regional Director of Engineering to the Chamber of Commerce wherein it stated that repairs to the bridge were scheduled to commence on June 25, 1978 for the removal of cold-patch and replacement with asphalt overlay. Mr. Foy stated that this work was never done. According to the report submitted, the current traffic studies indicate that in 1978 when t~e bridge was open, an annual daily average of 3810 cars used the bridge daily, and that during April, 1980, an average of 3805 cars per day were recorded. Mr. Foy pointed out that he had reports from the Region that confirmed that 8300 cars were using the bridge daily prior to its closing· Business sales had dropped so drastically in that period of time, and concern was also expressed about the future of the five corner intersection at Stamford Centre as a result of the closing of the bridge. Mr; Foy requested that Council approve an allocation of $170,000 in the budget as the City's share of the bridge reconstruction and that the Region be requested to reconstruct questions raised. Mr. L. Morningstar was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Orr. Mr. Morningstar advised that when he had applied for a permit to construct his new office building in 1971, -2- no mention had been made of the possible future closing of the Portage Road bridge. Prior to closing of the bridge, it was very difficult for cars to pull out on to Portage Road from Perkins Street. Now the stop sign is hardly necessary. Mr. Morningstar stated that during the public meetings on this matter, the Regional Director of Engineering had stated that the bridge would remain open following completion of the new structure, for as long as it could be maintained, an anticipated twenty to twenty-five years or more. It had been a shock to see the bridge closed the same day the new structure opened. Mr. Morningstar stated that the future for merchants and businesses in the Portage Road area was dependent on the continued operation of the bridge. Mr. Morningstar also presented a letter from Mr. D. Hinchliffe of HMC Travel expressing his concerns about the future of the Portage Road bridge. Mr. D. Biamonte of Niagara Falls Buildall was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Cummings. Mr. Biamonte agreed with most of the comments made by the previous speakers and advised that he would not have expanded his store if he had known the bridge was to be closed. Mr. M. Gastaldi of Rainbow Variety was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Cummings. Mr. Gastaldi advised that in 1977 when he had been contemplating purchasing his business, the closing of the bridge would have had a great bearing on his decision at that time. Since the area businesses had been told the bridge would likely remain open for twenty to twenty-five years, Mr. Gastaldi stated that he had proceeded to purchase the property and had enjoyed very good business for some time. When the bridge was closed, almost two thirds of the potential traffic was lost due to the reduced traffic. Mr. Gastaldi also stated that the Region had done very little to maintain the bridge other than filling pot holes, and which had affected the life of the bridge. Miss M. Canham was granted permission to address Council on the motion of Alderman Cheesman, seconded by Alderman Hinsperger. Miss Canham confirmed that traffic has been reduced considerably, and at times there is no traffic on the bridge at all. Miss Canham said that if the bridge was closed to pedestrians, she would have a difficult time walking around the extension to get to the old section of Portage Road. Mr. B. Mares was granted permission to address Council on the motion of Alderman Hinsperger, seconded by Alderman Cummings. Mr. Maves stated that the business people of the area are not new developers, but established businesses generating a large amount of tax dollars and employing many people. Mr. Maves stated that the businesses wanted the bridge replaced inorder to continue business as normal. During the discussion that followed, members of Council'expressed their concerns for the future of these businesses if the bridge were to be permanently closed. Also discussed was the question of whether or not an approximate amount of $170,000 should be included in the operating budget to represent the City's share in the cost of replacing or repairing the structure. Regional Councillor Mitchelson provided additional information on the subject. Following considerable discussion, it was moved by Alderman Sobol, seconded by Alderman Grasskemp, that the City of Niagara Falls request the Regional Municipality of Niagara to retain responsibility for the Portage Road bridge over the HEPC Canal, that the existing structure be replaced with a new structure, or if for any reason the existing structure cannot be replaced that it be repaired, and further that an appropriate allocation be included in the 1980 budget estimates to cover the anticipated City share of the expenditure. The motion Carried with Alderman Dilts voting contrary, Alderman Puttick abstaining on a conflict of interest, and all others voting in favour. UNFINISHED BUSINESS INTERSECTION OF ONTARIO AVENUE AND HURON STREET Report No. 201 - City Manager - The report recoF~ends that parking be prohibited at all times from the easterly side of Ontario Avenue from Huron Street 60' southerly and that overhead flashing lights be erected at this intersection to supplement the existing stop signs. The City Clerk advised that the report was to have been considered by the -3- COMMUNICATIONS No. 61 - Glanford Helicopter Services - Re: Application for Heliport Licence Victoria Avenue. The communication requests that the City advise the Ministry of Transport it has no objections to the application of Glanford Helicopter Services to use property on Victoria Avenue for the purpose of a heliport for scenic tours of the Niagara Falls area. Mr. W. Marsh of Glanford Helicopter Services was granted permission to address Council on the motion of Alderman Hinsperger, seconded by Alderman Cheesman. Mr. Marsh advised that the previous heliport firm operating out of this location is presently in receivership, and will eventually be sold. It was the intention of Glanford Helicopter Services to bid on that company's holdings. Although a rezoning was required, Mr. Marsh stated that at this stage he was looking for tentative approval in principle so that he could commence the filing of applications for permission to operate the heliport. Mayor Thomson advised that the operation of a hellport at this location had been the subject of many complaints over the past few years. The Mayor suggested the matter be referred to staff to contact the people who had registered complaints previously, particularly in the Glenview area. Because of the number of complaints raised in the past on this matter, several members of Council felt there would be no point in delaying the matter, and that the firm should be advised now that City Council will not approve of the heliport operation. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Merrett, that the request be denied. The motion Carried with Alderman Dilts voting contrary, and all others voting in favour. No. 62 - Town of Trenton - Re: SCA Chemical Waste Services. The communication requests endorsation of a resolution objecting to the dumping of toxic waste into the Niagara River by an American firm. Miss C. Allen of Operation Clean Niagara was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Cummings. Miss Allen provided additional information on the proposal by SCA Chemical Waste Services to discharge waste into the Niagara River, and asked Council to support the group's cause and endorse the resolution of Trenton. Miss Allen also requested that Council determine what kind of non-organic wastes were being disposed of in the City's sanitary landfill site. Alderman Puttick provided additional information on his attendance at several meetings on this matter. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Orr, that the resolution of the Town of Trenton be endorsed. Carried Unanimously. No. 63 - Niagara Falls Business & Industrial Growth Agency Inc. - Re: Proposed Tannery Operation. The communication requests _that tanneries remain an excluded 'use within the Falls Industrial Park and its extension for the present, until by demonstration modern tanneries no longer mean'depressed property values to their'~eighbours. Mayor Thomson provided additional background information on the matter in response to a question raised by Alderman Dilts. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communication be referred to the Planning & Development Committee for · consideration. Carried Unanimously. No. 64 - Niagara Falls Business & Industrial Growth Agency Inc. - Re: Industrial Fire Training Programme. The communication advises that a number of local industries are offering to absorb the expense that would be incurred in sending Fire Chief D. Kemp to the one week course of the Texas Industrial Firemen*s Training School at Texas A & M University. In response to a question raised by Alderman Puttick, Mayor Thomson stated that the fact outside firms were paying the cost of the Fire Chief's attendance at the course was in itself a precedent. Mayor Thomson felt that Council should express its appreciation to these industries for their kind offer and support. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the Fire Chief be authorized to attend the course and further that the local Parking and Traffic Committee prior to submission to Council. industries be thanked for their interest and support. Carried Unanimously. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that ' the report be referred to the Municipal Farking & Traffic Committee for ..... 4 consideration. Carried Unanimously. · -4- No. 65 - Fteld-Springer Disaster Relief Fund - Re: Request for Financial Assistance. AND No. 66 - Port Hope Disaster Relief Fund - Re: Request for Financial Assistance, ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the communications be referred to the Finance Committee. Carried Unanimously. No. 67 - Mayor John Sewell, City of Toronto - Re: OHIP and Public Health. The communication requests that Council direct its local board of health or department of public health to consider submitting a brief on OHIP and public health to the Hall Commission or directly to the Minister of Health and Welfare in Ottawa. The City Clerk suggested that the communication be sent on to the Region to determine if a submission will be made at that level since there is no local board of health. Alderman Cheesman did not feel the communication should be referred to staff since they are not in the public health business. Mayor Thomson suggested the letter be referred to staff to contact the Health Unit in order to determine if a submission is to be made. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the communication be referred to staff to contact the Niagara Regional Health Unit. Carried Unanimously. No. 68 - Parents of Mini-Bike and Motorcycle Riders - Re: Area for Operation of Mini-Bikes and Motorcycles. The communication requests that the City consider set aside some land or arrange some place for owners of mini-bikes and motorcycles to operate these vehicles without causing problems for anyone. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera that the communication be referred to the Recreation Commission for consideration in conjunction with the preparation of a report on this matter. Carried Unanimously. No. 69 - Mrs. M. Phillips and Others - Re: Parking on Gladstone Avenue. The communication requests that a two hour parking limit be established on Gladstone Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sobol, that the communication be referred to staff for the preparation of'~ report. Carried Unanimously. No. 70 - Mr. K. Angle - Re: Resignation from Planning & Development Committee. The communication requests acceptance of Mr. Angle's resignation from the Planning & Development Committee. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the resignation be accepted with regret. Carried Unanimously. Alderman Sobol advised that there would be an aldermania vacancy on the Planning & Development Committee because Alderman Puttick was not able to attend all of the meetings. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sobol, that Alderman Grasskemp be appointed to the Planning & Development Committee. Carried Unanimously. Mayor Thomson advised that there were several other committees to which former Alderman MacBalm had been appointed which will require an aldermanic replacement. The Mayor suggested that Council appoint Alderman Grasskemp to these committees. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that Alderman Grasskemp be appointed to replace former Alderman MacBalm on the various boards and committees of which he. was a member. Carried Unanimously. No. 71 - Regional Municipality of Niagara - Re: Temporary Closing of McLeod Road between Portage and Stanley, The communication advises that McLeod Road between Portage Road and. Stanley Avenue will be closed on April 21, 1980 for approximately three days to permit Conrail to make repairs to their tracks along this section of road. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the communication be received and filed. Carried Unanimously. 'No. 72.~a) First Baptist Church, (b) Mrs. N. Gautier, (c) Mrs. H. Ort, (d) Mrs. H. Plylay, (e) St. Andrew's United Church Women, (f) Mrs. B. Sauer, (g) Hrs. S. Voth - Re:Casino Gambling. The communications express opposition to casino gambling in the City. ' Alderman Grasskemp felt that Council should be on record as being opposed to ~egalized casino gambling in the City, and bets higher than $1.00 at the -5- events run by local groups for worthy causes. The City Clerk pointed out that this matter had been referred to the Social Planning Council for study. Alderman Cummings confirmed that the Social Planning Council had set up a committee to deal with this matter, and the committee has had its first meeting. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communications be referred to the Social Planning Council. Carried Unanimously. REPORTS No. 202 - Recreation Commission - Re: Special Events and the Scheduling Process at Municipal Arenas. The report recommends approval of the policy regarding special events at municipal arenas and the municipal arena scheduling process. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 203 - Recreation Commission - Re: Ontario Municipal Recreation Association. The report recommends the attendance of Mr. F. Sacco, Mr. H. Finbow and the Director of Recreation at the subject conference to be held in North Bay from May 22 - 24, 1980. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 204 - Recreation Commission - Re: Franklin J. Miller Park. The report recommends that Council approve the park plan on display in the Council Chambers as the official plan .for Franklin J. Miller Park. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 205 - Planning & Development Committee - Re: Welland Securities and Official Plan Amendment No. 113, Redesignation of Lands from Open Space to Industrial. The report recommends approval of Official Plan Amendment No. 113 and that the Region be requested to amend their Official Policy Plan by extending the urban area boundary to include the subject lands presently designated "environmentally sensitive area". No. 206 - City Manager - Re: Possible Acquisition of Lands Designated Open Space and Subject of Official Plan Amendment 113 (Welland Securities). The report recommends that in accordance with Official Plan policy regarding municipal acquisition of lands designated Open Space, that Council refrain from purchasing lands located along the Welland River south of Chippawa Road. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that both reports be received and adopted. Carried Unanimously. See By-law No. 80-72 No. 207 - City Manager - Re: Site Plan Approval - Proposed Revision to Holiday Inn Addition, 5339 Murray Street. The report recommends approval of the subject site plan, as amended. ORDERED on the motion of Alderman Wallman, seconded by Alderman Cummings, that the report be received and adopted. Carried E~animously. No. 208 - City Manager - Re: Site Plan Approval - Proposed Hope Baptist Church on Kalar:Road. The report recommends approval of the subject site plan subject to certain conditions as outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. See Resolution No, 29 No. 209 - City Clerk - Re: Restricted Area By-law 79-185, Building Lots on Improved Streets. The report advises that the Ontario Municipal Board has appointed Wednesday, May 14, 1980 at 11:00 a.m. for the hearing of all parties interested in supporting or opposing the subject by-law. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the report be received and filed. Carried Unanimously. No. 210 - Mayor Thomson - Re: AM-30/78, S. Todd. The report provides information on the status of this matter and recommends that a copy be provided to those persons who registered their Opposition to the application for rezoning. In response to concerns raised by Alderman Wallman, Mayor Thomson advised that Mr. Todd had been 8ivan three months to have the property cleaned up and to cease operations. The Mayor suggested that the City Clerk report to Council in threemonths on whether or not the directions of the City have been carried out. ORDERED on the motion of Alderman Sobol, seconded by Alderman Sere, that the report be received and filed. Carried Unanimously. -6- -7- No. 211 - City Manager - Re: Agreement between City and Phase 4 Developments Ltd. The report recommends passage of a by-law to authorize an agreement with Phase 4 Developments Ltd. concerning the refund of impost fees and monies deposited for the construction of a sanitary sewer on Leader Lane, since the consents approved by the Land Division Committee will not be proceeded with. In response to a question raised by Alderman Puttick, the City Solicitor advised that no provision had been made in this particular agreement to recover any legal costs involved. The City Solicitor further stated that in situations such as this, the City could ask that this type of provision be included in an agreement. Alderman Puttick suggested that consideration be given to including such provisions in future agreements of this nature. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. See By-law No. No. 212 - City Manager - Re: Contract S.T. 4-80, Surface Treatment of Roads. The report recommends that the unit prices submitted by Norjohn Construction for the subject contract, be accepted. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See Resolution See By-law No. 80-7~ No. 213 - City Manager - Re: Contract S.S. 5-80, Sanitary Sewer Construction on Montrose Road in the vicinity of Niagara Square. The report recommends that the unit prices submitted by Provincial Construction Ltd. for the subject contr~ be accepted. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See Resolution No.3~ See By-law No. 80-75 No. 214 - City Manager - Re: Hydraulic Sewer Cleaning and T.V. Inspection 1980. The report recommends acceptance of the tender submitted by Bob Robinson Construction for the hydraulic cleaning and television inspection of sewers. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See Resolution No. tT,' See By-law No. 80-7~ No. 215 - City Manager - Re: ~o-operative Fertilizer Tender 1980. The report recommends that the various mixtures of fertilizer requirements for the City be purchased from Louth Niagara Orchards, D & R Garden Supply and Plant Products Co. Ltd. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. .1~ No. 216 - City Manager - Re: Quotations for Plumbing and Electrical Services for City Owned Buildings. The report recommends acceptance of quotations submitted by Advance Plumging & Heating and Barnes Electric Limited for the provision of plumbing and electrical services for City owned buildings. ORDERED on 'the motion of Alderman Graaskamp, econded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 217 - City Manager - Re: Proposed Regional Sign By-law. The report recomment that City Council advise the Region that the City is opposed to the proposed Regional Sign By-law. Mayor Thomson and Alderman Herrerr provided additional information on the matter. In response to a question raised by Alderman Puttick, the City Treasurer advised that the only assessments made are for public advertising display panels such as bilboards. The assessments have been frozen since 1970, and no assessme~ have been added to the roll unless they exceed $2500 in market value. ORDERED on the motion of Alderman Schisler, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. No. 218 - City Manager - Re: Building & Development Report for March, 1980. The report provides current information relative to permit statistics, development proposals and other noteworthy data arising during the month of March, 1980. ORDERED on the motion of Alderman Pets, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 219 - City Manager - Re: School Pedestrian Safety - Heximer Avenue School. The report recommends: 1) That parking be prohibited at all times from the north and south sides of Dunn Street for 50' on each side of its intersection with Eeximer Avenue; 2) That a cross-walk be painted on Dunn Street as an extension to the sidewalk on the west side of Heximer Avenue; and 3) Erection of school crossing signs for traffic eastbound and westbound on the approach to this cross-walk. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the report be received and adopted.. Carried Unanimously. No. 220 - City Manager - Re: By-law to Prohibit Parking on Private Property and City Property. The report recommends passage of a by-law to prohibit the parking or leaving of motor vehicles on private property and on property owned or occupied by the Corporation of the City of Niagara Falls or any local board thereof. Mayor Thomson advised that the by-law had been prepared as a result of problems experienced at the new Transit Commission facility on Park Street. Additional information was provided on this report by Mayor Thomson, the City Solicitor and the Projects & Services Engineer in response to questions raised by Alderman Graaskamp. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See By-law No. 80-77 No. 221- City Manager - Re: New Cutting Unit for Oakes Park. The report recommends that the Purchasing Agent be authorized to purchase a Torn Ground Master Model 30766 from Turf Care Products Limited of Markham, Ontario at a total price of $6303.35. In response to questions raised by Aldermen Herrerr and Schisler, the Purchasing Agent advised that local retailers do not handle this type of equipment at all. Turf Care Products is the Ontario distributor. Even if the equipment were available locally, the City is purchasing it at the same price the retail outlet would pay for it from the distributor. In response to questions raised by Aldermen Dilts and Sobol, th~ Projects and Services Engineer advised that the machine is only a small part of the cost, with the operator being the larger cost. Other less expensive equipment may have the same cutting area, but it cannot cut as close to trees, fences and baselines. This would require employees to use hand push mowers to cut around such obstacles. Taking this factor into account, the combined cost would be greater than the cost of purchasing and operating the recommended unit. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Merrett,'that the report be received and adopted. Carried with Aldermen Dilts, Schisler and Sobol voting contrary and all others voting in favour. No. 222 - City Manager - Re: Fencing and Backstops. The report recommends that the quotation for five baseball backstops and 330' of fencing submitted by Frost Fence be accepted at the total cost of $7,364.90. 'ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the repor~ be received and adopted. Carried Unanimously. See Resolution No. 32 No. 223 - City Manager -Re: St. Lawrence Avenue Extension. The report recommends that no further consideration be given to the extension of St. Lawrence Avenue ~_between Park Street and Bridge Street at this time. The Projects & Services Engineer provided additional information in response to questions raised by Alderman Puttick. The Alderman felt that this extension could provide for greater circulation of traffic in the Downtown area, and suggested that it be referred to the Downtown Board of Management for comment. ORDERED on the'motion of Alderman Cummings, seconded by Alderman Dilts, that the report be referred to the Downtown Board of Management for conmen~. Carried Unanimously. No. 224 - Alderman C. Cheesman, Finance Committee - Re: "To Help A Child's Heart Beat". The report recommends that a grant in the amount of $500 be made to the · subject 1980 fund raising campaign. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No..225'- City Manager - Re: ~unicipal Accounts. The report recommends payment -8- Of the municipal accounts. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried with Aldermen Cununings and Puttick abstaining on conflicts of interest on Cheques #4827 and #4913 respectively. No. 226 - City Manager - Re: Registered Property 73-3, Joseph Lillo, Concessioz 5, Part Lot 5 - 12.444 acres, North Side of Sauer& Church. The report reconunends that the above property be conveyed by the City to the former owner, subject to the approval of the Ministry of Intergovernmental Affairs. ORDERED on the motion of Alderman Merrett, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 227 - City Manager - Re: Status of Tax Arrears at the end of March. The report provides information o~ the status of tax arrears at the end of March 1980 as compared to 1979. Alderman Dilts asked if it had been necessary for the City to borrow funds as a result of changing to the two interim payment system, and if so, what interest was being paid on the borrowed monies. The City Treasurer advised that the interim bill had been split into two payments in the hope that over the two instalments more taxes would be paid during the same period of time. On March 31st when the School Boards and the Region were required to be paid, it was necessary to borrow $4.2 million. $3.2 million is now owed pending receipt of the second insraiment. The rate of interest on the monies borrowed was 17~% at a cost of $1500 per day or $47000 per month to carry the $3.2 million. The City Treasurer further stated that this cost may be completely offset by the end result of more people paying their taxes on time by the May insraiment. Alderman Dilts felt that later in the season the Finance Committee should have a full review of the status of tax collection. In response to a question raised by Alderman Marrett, the City Treasurer stated that during 1979 budget discussions, he had advised Council that one interim insraiment was needed because the amounts required by the Region and Boards of Education had to be paid by March 31st. Since some of one interim payment bills were becoming quite severe, it was felt that by allowing people to pay two smaller bills, the end result woui1T'mean more taxes were being paid by May. The only other solution would be to move the payment dates ahead in the year, and this was done as early as was possible. Several members of Council felt the matter of two interim bills as opposed to the one should be reviewed, particularly in-view of the high interest charges being paid. Alderman.Chessman cautioned Council to wait until the end of May before any final determination was made, since the total payments made by the end of May could more than recover the original outlay. .,~ Alderman Puttick asked if it had been necessary to borrow money in order to issue retroactive pay cheques to employees. The City Treasurer advised that if the cheques were issued prior to March 14th amounts to cover the chequeS had been included in the monies borrowed. If the cheques were issued after March 31st, it had not been necessary. The City Treasurer stated that since agreements had been signed with employees, he had proceeded to pay them as required. Alderman Puttick suggested that since increases were retroactive, cheques should not be issued if it is necessary to borrow money. Alderman Chessman agreed that the principle of Alderman Puttfck's suggestion was sound, but felt this decision should he made by Council. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Merrett, that the report be received and filed. Carried · Unanimously. No. 228 - City Manager - Re: 55th Canadian Purchasing Conference, The report recommends that the Purchasing Agent be authorized to attend the subject conference to be held in London, Ontario from June 4 - 6, 1980. ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 229 - City Manager - Rel Ontario Renews - Action for the tg0ts, Internationa' Forum on Community Renewal. The report recommends that the Planning Director and one member of Council be authorized to attend the subject forum to be held in Toronto from June 9 - 13, 1980. ORDERED on the motion of Alderman Orr, seconded hy Alderman Cummings~ that the report be received and adopted. Carried Unanimously. 9 No. 230 - City Clerk - Re: Consent Items. 1) Niagara District Cub Packs - Re: Lighting of "Olympic" torch to open the cub camp on March 31, 1980. Recommendation - That permission be granted and a copy of the request be forwarded to other authorities involved. 2) Regional Municipality of Niagara - Re: Changeover from Winter Operations to Summer Operations. Recommendation - For the information of Council. 3) Regional Municipality of Niagara - Re: Portage Bridge over HEPC Canal. Recommendation - For the information of Council. 4) Ontario Hydro - Re: Notification of Construction Projects. Recommendation - For the information of Council. 5) Downtown Business Association - Re: Proposed Sidewalk Sale - May 17th and July 26th, 1980. Recommendation - That the requests be approved in accordance with the City's established policies. 6) Downtown Business Association - Re: Proposed Second Annual Arts & Crafts Show, June 7th, 1980. Recommendation - That the requests be approved in accordance with the City's established policies. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 231 - City Manager - Re: Ryerson-Market Park. The report recommends that Council approve the purchase of 4535 Ellis Street, 4501 Ellis Street and 4535 -33 Simcoe Street. ORDERED on the'motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 28 - GRAASKAMP - FERA - RESOLVED that the unit prices submitted by NorJohn Construction Limited for the surface treatment of roads, be accepted at the tendered price of $153,320.60; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 29 - CUMMINGS - FERA - RESOLVED that City Council approves the Site Plan being Drawing No. A-14 and the Final Grading Plan being Drawing No. A-15 prepared by W.A. Cloke, filed with the Building & Development Department of the City 'of Niagara Falls on April 17, 1980, but this approval is subject to the conditions that .the owner be required to provide to the satisfaction 'of and at no expense to the Corporation of the City of Niagara Falls, the following facilities and works shown on the said Site Plan: 1) One access ramp to provide ingress and egress between the property and Kalar Road which shall be in the location and of the width shown on the site plan together with the curbings shown on the site plan. 2) 3) 5) 76 off-street vehicular parking spaces and ~he access driveways, all having the dimensions and being in the locations ~hown on the site plan and which shall be surfaced with hot-mix asphalt or approvedequivalent together with all of the curbings shown. on the site plan. The trees and other landscaping of the types and in the locations designated on the site plan. The close-board type fencing of the dimension and in the location shown on the site plan. Facilities for the storage of garbage and other waste material within the building. 6) Such grading or alterations in elevation - as shall be necessary to provide the elevations shown on the said grading plan, together with all of the facilities and works for the disposal of storm, surface and waste water shown on the said grading plan. ' ; and that the owner be ~required to maintain to the satisfaction of the municipality and at the sole risk and expense of the owner all of the faciliites or works mentioned in paragraphs 1, 2, 3, 4, 5 and 6 above, including the removal of snow from access ramps and driveways, parking and loading areas and walkways;.~AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ..... 10 No. 30 - GRAASKAMP - FERA - RESOLVED that the unit prices submitted by Provincial Construction Ltd. for the construction of a sanitary sewer on Montrose Road, be accepted at the tendered price of $22,371.10; AND the Seal of the Corporation be hereto affixed. Carried Unanimous~ No. 31 - GRAASKAMP - FERA - RESOLVED that the following prices submitted by Bob Robinson Construction for hydraulic sewer cleaning and television inspection of sewers be accepted: 1) Hydraulic cleaning of sewers and the removal of solids that accumulate at the manholes during clean operations (Option #2) at $0.22 per metre; 2) Cleaning of culverts at $260.00 per day; 3) Television inspection of sewers at $0.715 per metre; 4) Supply of photographs of problems encountered during television inspection of sewers at $0.49 each, and 5) Compensation for unnecessary delays at $49.25 per hour; ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-72 - A By-law to provide'for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 113, Welland Securitie No. 80-73 - A By-law to authorize an agreement with Phase 4 Developments Ltd. No. 80-74 - A By-law to authorize the execution of an agreement with NorJohn Contracting Limited for surface treatment of roads. No. 80-75 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of a sanitary sewer on Montrose Road. No. 80-76 - A By-law to authorize the execution of agreements for the hydraulic cleaning of sewers and culverts and the-television inspection of sewers. ORDERED on the motion of the following by-laws be No. 80-72 - A By-law to Plan of the No. 80-73 - A By-law to No. 80-74 - A By-law to Contracting No. 80-77 - A By-law to prohibit the parking or leaving of m6tor vehicles on private property and on property owned or occupied by the Corporati0 of the City of Niagara Falls or any local board thereof. No. 80-78 - A By-law to provide monies for general purposes. No. 80-79 - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. Carried with Aldermen Cununings and Puttick abstaining on Chequee #4827 and 4913 of By-law 80-78, and all ' others voting in fav~ Alderman Fern, seconded by Alderman Graaskamp, that now read a second and third time: provide for the adoption of an amendment to the Official Niagara Falls Planning Area. (No. 113, Welland Securitle authorize an agreement with Phase 4 Developments Ltd. authorize the execution of an agreement with NorJohn Limited for surface treatment of roads. No. 80-75 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of a sanitary sewer on Montrose Road. ..... 11 - 11 - No. 80-76 - A By-law to authorize the execution of agreements for the hydraulic cleaning of sewers and culverts and the television inspection of sewers. No. 80-77 - A By-law to prohibit the parking or leaving of motor vehicles on private property and on property owned or occupied by the Corporation of the City of Niagara Falls or any local board thereof. No. 80-78 - A By-law to provide monies for general purposes. No. 80-79 - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. Carried with Aldermen Cummings and Puttick abstaining on Cheques #4827 and 4913 of By-law 80-78, and all others voting in favour. NEW BUSINESS PARKING ON ST. MARY'S STREET Alderman Merrett advised that residents of St. Mary's Street were still experiencing problems with the parking of cars overnight. Although the Police have been asked to patrol the area more frequently, large commercial trucks and cars from the nearby apartment building are still parking overnight. The residents had suggested that no parking signs be erected. The City Manager suggested that the matter be dealt with through the Parking Committee and that area residents could be contacted to get their ideas on the matter. It was moved by Alderman Merrett, seconded by Alderman Dilts, that the matter be referred to the Municipal Parking & Traffic Connnittee. Carried Unanimously. MISENER ROAD BETWEEN CARL ROAD AND BIGGAR ROAD In response to a question raised by Alderman Schisler, the Director of Municipal Works advised that an item had been included in the operating budget for the opening of Misener Road between Carl and Biggar Roads at the request of people living in the area. The work had not been recommended by staff and had only been included in the draft budget at the request of the residents. The City Manager advised that the work had been included in a supplementary list of projects in the budget, but had been deleted by the Finance Committee. INTERSECTION OF ELBERTA AVENUE AND SHELDON .STREET It was moved by Alderman Cheesman, seconded by Alderman Hinsperger, that staff prepare a report on the advisability of erecting a stop sign on Elberta Avenue on the approach to Sheldon Street. Carried Unanimously. PARKING OF CANS ON SHELDON STREET Alderman Cheesman referred to problems experienced by two residents on SheldOn Street near the bakery on Drummond Road, with cars parking on the boulevard constantly. The Alderman stated that the residents would like the City to install curbs along this section of Sheldon to protect the boulevards and eliminate improper parking of vehicles. Mayor Thomson advised that there ~ was previous correspondence on this matter and suggested it be supplied to Council. The Mayor further advised that it had been suggested previously that the curbs could be installed in front of the properties affected under the Local Improvement Program, however this had not been pursued by the residents. It was moved by Alderman Cheesman, seconded by Alderman Cummings, .that the matter be referred to staff for the preparation of a report. Carried Unanimously. PARKING ON DRU~OND ROAD Alderman Cheesman advised that cars continue to park on Drummond Road in front of the bakery near Gallinger Street despite the fact parking is prohibited in this area. Mayor Thomson suggested that the matter be referred to staff for a report. It was moved by Alderman Chessman, seconded by Alderman Cun~ningss that the matter be referred to staff for the preparation nf a report. Carried Unanimously. - 12 - PROPERTY STANDARDS SEVENTEENTH MEETING Alderman Dilts advised that he had received numerous calls from residents about the condition of various properties in the City. Alderman Dilts advised that City staff at all levels have been trying to resolve such complaints and suggested that the Building & Development Co-ordinator be requested to submit a list of properties for which complaints have been received and the action taken to date to eliminate the problems. It was moved by Alderman Dilts, seconded by Alderman Merrett, that the matter be referred to the Building & Development Co-ordinator for a report. Carried Unanimously. BY-LAW ENFORCEMENT Council Chambers April 28, 1980 SPECIAL MEETING Council met on Monday, April 28, 1980 following a meeting of the General Committee. All members of Council were present with the exception of Alderman Fera, who had retired earlier from the General Committee session. His Worship, Mayor Thomson presided as Chairman. WILLOUGHBY DRIVE - CURVE NORTH OF GUNNING DRIVE Alderman Fera raised a number of complaints regarding the enforcement of parking by-laws, particularly in the business areas, by the Canadian Corps of Commissionaires. The Alderman outlined several instances where he felt. By-law Enforcement Officers had not acted in the best interests of the City. Several members of Council commented on by-law enforcement in the City. Following a brief discussion, it was suggested by Mayor Thomson that the Projects & Services Engineer and Sergeant-Major Trotter of the Commissionaires be requested to attend a Council meeting. It was moved by Alderman Fera, seconded by Alderman Merrett, that the matter be referred to a future General Committee meeting for discussion. Carried Unanimously. LIQUOR LICENCE APPLICATIONS Alderman Graaskamp referred to notices sent to Council on pending applications for liquor licences and expressed his concern over the great number of licences being issued, particularly for fast food outlets. The Alderman felt Council should advise the L.L.B.O. that it is not in favour of licences being granted to such establishments particularly near schools. Alderman Cheesman agreed that if liquor licences were granted to such restaurants, they would cease to be family oriented. Mayor Thomson suggested the City Clerk be requested to contact the L.L.B.O. regarding their licensing procedure. It was moved by Alderman Graaskamp, seconded by Alderman Fera that Council's concern be expressed to the Liquor Licence Boal~d'of Ontario about the number of liquor licences being granted to such establishments, and that the Board be requested to comment thereon. Carried Unanimously. NEW BUSINESS ITEMS Alderman Puttick suggested that agendas be revised so that new business items would appear immediately following unfinished business. The Alderman felt that too much time was spent on items that could be handled through correspondence or telephone calls and stated that he felt sorry for the staff people who had to sit through discussions on such matters. It was moved by Alderman Cheesman, seconded by Alderman Dilts, that the meeting adJOurn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON It was moved by Alderman Sobol, seconded by Alderman Hinsperger, that overhead flashing lights be installed on Willoughby Drive in order to warn ,l~.,~a~,~ ---~.~.~,~,~14~,*~ Gunning Drive and to reduce speed; and further that the Niagara Regional Police be requested to step up their patrols in this area in order to ensure the speed limits are enforced. Carried Unanimously. PARKING AND TRAFFIC STUDY Report No. 232 - Mayor Wayne Thomson - The report recommends approval of the Terms of Reference for Study and the list of consultants who will be requested to submit proposals on a parking and traffic strategy for the tourist commercial sectors of the City. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. PARK & BOARD OF EDUCATION ATHLETIC FIELD RESERVATIONS Report No. 233 - Recreation Commission - The report recommends approval of the Special Events and regular schedules of park and athletic fields. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. REPORTS OF THE FINANCE COMMITTEE Report No. 234 - Alderman Cheesman, Chairman - Re: Request for Grant, Penny Farthing Players. The report recommends that $2500 be added to the Recreation Department budget subject to review by the Recreation Commission and a report back prior to any funds being issued. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the Recreation Commission budget be increased by $1300 in order to allow the Commission to consider the program request from the Penny-Farthing Players in the same manner that other Recreation requests are considered. Carried Unanimously. Report No. 235 - Alderman Chessman, Chairman - Re: Lawn Bowling. The report recommends that the City enter into a lease agreement with the Niagara Falls Badminton Club for $10,000 a year to be operated by the Niagara Falls Lawn Bowling ASsociation, subject to membership fees being consistent with other clubs in the area. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. '-Report No. 236 - Alderman Cheesman, Chairman - Re: 1980 Conferences and Workshops. The report recommends that Council approve the summary of conferences and workshops for attendance by Council, committee and staff members for 1980. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the report be received and adopted with the amendment that all conferences involving the attendance of members of Council be the subject of a report submitted in advance to Council so that a specific member (or members) can be designated to attend. The motion Carried with Alderman Schisler voting contrary. It was moved by Alderman Cheesman, seconded by Alderman Dilts, that the meeting adjourn into budget session. Carried Unanimously. READ AND ADOPTED, ~COL~INSON, CITY CLE~ m EIGHTEENTH MEETING Committee Room #1 May 5, 1980 COMMITTEE OF THE WHOLE Council met on Monday, May 5, 1980 at 6:45 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Orr. Alderman Wallman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, ~J.LL COLLINSON,J L CITY CLERK~ MAYOR WAYNE THOMSON Council Chambers May 5, 1980 Council met on Monday, May 5, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Orr. His Worship, Mayor Thomson presided as Chairman. Alderman Sobol offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the minutes of the meetings held on April 14th and 21st, 1980, be adopted as printed. Carried Unanimously. DEPUTATION MR. R. BAiLRETT - HUMANE SOCIETY FUNCTION ' Alderman Dilts advised that due to his work, Mr. Barrett would be unable to attend the meeting and has asked that his apologies be extended to the Council. The Alderman advised that Mr. Barrett would be in touch with the City in the near future. UNFINISHED BUSINESS APPLICATION FOR LIQUOR LICENCE - FAST FOOD OUT~TS Report No.: 237 - City Manager - The report recommends that letters received in opposition to the issuance of liquor licences to fast food outlets, be forwarded to the Liquor Licence Board of Ontario. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Hinsperger, _~hat the report be received and adopted. Carried Unanimously. COMMENTS RE: CASINO GAMBLING Report No. 238 - City Manager - The report recommends that letters received concerning the granting of licenoes to permit Casino and Monte Carlo nights be noted and referred to the Social Planning Council as part of the in-depth study currently being undertaken by that organization, and further that any comments received in the future on this matter be referred directly to the Social Planning Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Wallman, that the report be received andadopted. Carried Unanimously. PROPOSALS FOR REPORT ON MOUNTAIN ROAD SANITARY LANDFILL SITE EXPANSION Report No, 239 - City Manager - The report recommends that the Director of Municipal Works be authorized .~o obtain proposals for investigating the -2- feasibility of expanding the Sanitary Landfill Site vertically within the present site and that Golder Associates Limited and Peto MacCall. um be requested to submit proposals on undertaking the necessary geotechnical investigations in accordance with the Terms of Reference. The City Manager requested that a third firm by the name of Dominion Soils Investigations be permitted to submit a proposal to the City. Alderman Cummings asked if there were any other local firms capable of doing this type of work. The Design & Construction Engineer advised that there are local firms who do geotechnical investigations, but he was not aware if they have experience in landfill operations. Alderman Schisler suggested that staff investigate the possibility of having local firms submit proposals on the work. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted, that the firm of Dominion Soils Investigati~ be permitted to submit a proposal, and further that staff determine if any local firms are capable of carrying out such an investigation. Carried Unanimously. COMMUNICATIONS No. 73 - Social Planning Council - Re: Monte Carlo and Casino Games. The communication advises of the terms of reference established to study the matter of casino and Monte Carlo games, and requests that Council place a hold on all unapproved requests for such events in order to make the study more meaningful. Alderman Cuumings, the Council representative on the Social Planning Council, advised that he had not been able to attend the first two meetings of the special committee due to the time they had been held, however he has been kept fully informed. The Alderman indicated that if Council were to stop issuing any further permits, it could be considered as taking a certain position before all the facts were available. Alderman Merrett expressed concern that there could be a large number of applications come in once local groups realize Council wilI'~e making a decision on the future of such events. The Alderman suggested that unless there have been very few applications, Council should establish a cut-off date, after which no further licenoes will be issued. The Deputy City Clerk advised that only two applications have been received. Alderman Sobol stated that for Council to make a decision on placing a hold on requests, the Social Planning Council would have to supply a more thorough explanation for their request. Following further comment, it was moved by Alderman Fern, seconded by Alderman Sobol, that the terms of reference as outlined by the Social Planning Council be accepted, and further that the City continue to process applications for Monte Carlo and Casino Games. Carried Unanimously. No. 74 - Herman Damore Builders Limited - Re: Contract G.C. 7-80, Underground Services in Meadowvale Extension Subdivision. The communication requests that Council award the tender for the installation of services in the Meadowvale Extension Subdivision to the second low tendeter, Provincial Construction. AND Report No. 240 - City Manager - Re: Contract G.C. 7-80, Sewermain, Watermain and Base Road Construction in Meadowvale Extension Subdivision. The report recommends that the unit prices submitted-by Blairick Limited for the subject contract, be accepted. Mayor Thomson stated that granting the request would not be a precedent since Council has taken similar action before. The developer is responsible for the installation and would also be responsible for the cost. In response to a question raised by Alderman Sobol, the Deputy City Solicitor stated that it is open to Council to accept any tender. The contract documents specify the low tender need not be accepted by Council. Aiderun Graaskamp stated that since the developer would be paying the additional cost and not the City, he would be in fayour of the request. Alderman Schisler indicated that the cost would not be borne by the developer, but ~he people purchasing the homes in the subdivision, Alderman Schisler -3- also felt that if the City was going to advertise tenders, it would have to be fair in awarding them. The Alderman stated that this was done previously, and one good contractor had refused to bid on City contracts because he knew the City would award it to a local contractor. Alderman Merrett stated that since the developer was paying the additional cost and since he had to work with the contractor, he could see no reason why the request should not be granted. In response to a question raised by Alderman Graaskamp, Mr. Damore stated that on a contract worth $95,000, $1,200 was such a small difference that he had not given much thought to how this increase would be applied against the twenty-six lots in the subdivision. While it might be applied against the cost of the lots, Mr. Demote pointed out that the fact Provincial Construction was doing the work would mean the money would be circulating through the City. Alderman Puttick also pointed out that with a local contractor, the labour force would be completely local, whereas with an out-of-town contractor, only a percentage of local labour is required. In response to a comment made by Alderman Schisler concerning the actual cost difference, the Design & Construction Engineer stated that in most contracts there are definite items requiring costs and there are provisional items for which bid prices are requested in the event these items are required in the contract. In the case of this particular contract, because of unbalanced bidding in one part of the contract, the difference in cost was reduced to $1,200. The Design & Construction Engineer stated that keeping this factor in mind, the actual difference would be closer to $3,000. The Design and Construction Engineer further stated that while he was not arguing against Council, from his point of view he felt staff could not recommend awarding contractors to other than low tendeters unless there are extenuating circumstances. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Graaskamp, that Contract G.C. 7-80 for the installation of underground services and construction of base roads in the Meadowvale Extension Subdivision, be awarded to the firm of Provincial Construction (Niagara Falls) Limited. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Dilts, Fern, Hinsperger, Graaskamp, Merrett, Puttick and Wallman. NAYE: Aldermen Schisler and Sobol. It was then moved by Alderman Cheesman, seconded by Alderman Fern, that the report be received and filed. The motion Carried with Aldermen Schisler and Sobol voting contrary, and all others voting in fayour. See Resolution No. 32 See By-law No. 80-84 No. 75 - Niagara Falls Hydro - Re: Purchase of Rural Electrical Distribution System. The communication clarifies comments made at a recent Council meeting that the present Commission had been able to cut down an expected $1.3 million land price by $400,000. The communication advises that the reduction in price was not achieved through the efforts of either J~he previous or present commissions, and in fact negotiations with Ontario Hydro over price have not commenced as yet. Mayor Thomson stated that he had requested this letter in response to comments made at a recent meeting that the'new Commission had been instrumental in reducing the purchase price of the rural electrical distribution system. '_The Mayor advised that it had appeared that he as a member of the Commission had not been aware of this savings, and he wished the record to be set straight. ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. No. 76 - Mr. D. Mackenzie - Re: Marshall Road. The communication expresses concern that there is little or no warning of the approaching stop signs on Marshall and Sherk Roads at the Niagara Parkway, and requests that advance signing be placed on these roads, as well as reflective signs at the ends of these roads to warn of the River directly ahead. ORDERED on the motion of Alderman Chessman, seconded by Alderman Ninsperger, that the communication be referred to staff and the Niagara Parks Commission for comment as to the remedial action suggested. Carried Unanimously. REPORTS MO. 241 - City Manager - Re: Disposal of Surplus Municipal Properties. The report recommends that Parcel No. 2 (Church's Lane) be sold to Mario Cardamone -4- -5- at a price of $15,400.00; That Parcel No. 4 (5 acres Misener Road) be sold to Pasquale Perotta at a price of $20,500.00; that Parcel No. 5 (Woodbine Avenue) be sold to C. Finnegan at a price of $9,200.00; and further that the certified cheques received with the offers be returned to the unsuccessful bidders, together with a copy of the report. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 242 - City Manager - Re: Release of Covenants, Lots 156A and 157A, Plan 285. The report recommends that Council pass a by-law to authorize the execution of a quit claim deed to the owners of property known as 5220 Victoria Avenue relea!-~ certain reservations and covenants in favour of the City as set out in deeds Nos. 6710 and 6712, registered in October, 1902, and that the solicitor for the applicant be requested to prepare the quit claim deed for approval by the City Solicitor. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. See By-law No. 80~8! No. 243 - City Manager - Re: Lot 3, Falls Industrial Park Extension. The report recommends that Council approve a request for reserve from Supreme Mechanical Contractors Ltd. on Lot 3, Registered Plan M-67 until June 17, 1980. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 244 - City Manager - Re: Availability of Surplus Waterfront Property, Former Village of Chippawa. The report recommends that the Ministry of Government Services be notified that the City of Niagara Falls does not wish to acquire the subject land and that Ontario Hydro be asked to consider the purchase of the land for use in conjunction with the adjoining lands owned by them. ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that the report be received and adopted. Carried Unanimously. No. 245 - City Manager - Re: Lot 25, Falls Industrial Park. The report recommends that Council authorize an extension to Mr. Vincent'T. Kerrin to November 1, 1980 for the commencement of construction of a building on Lot 25 in Registered Plan 243, and that the Legal Department be authorized to prepare the appropriate documents for the changes required in the a~reement between the City, Donredo Properties Inc. and Vincent A. Kerrin and Vincent G. Kerrto. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 246 - City Manager - Re: Rental of Equipment for Weed Control, 1980. The report recommends that the tender for chemical weed control be awarded to Earl Mutehie and the tender for mowing weeds be awarded to Mr. Adrian Vander Weyden. ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See Resolution No. 3 See By-law No. 80-8~ and By-law No. 80-87 No. 247 - City Manager - Re: Protective Clothing Tender - 1980. The report recommends acceptance of tenders submitted by J.P. Hamill & Son for the supply of shirt and pant sets, and the tender submitted by Marty's Men's Wear for the supply of coverails. The City Manager provided additional Information concerning safety shoes in response to a question raised by Alderman Sobol. Alderman Cummings noted that there was only a difference of 12¢ and 15¢ between the low tender submitted and the tender submitted by a local firm. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Dilts, Fete, Hinsperger, Gradskemp, Merrett, Puttick, 8chisler and Wallman. NAYE: Aldermen Cummings and Sobol. See Resolution No. ! No. 248 - City Mana8er - Re: Watermain Installations on Fredrice Street, Hi8h S~reet'and Fifth Aven~e. The report recommends acceptance of the unit prices submitted by Blairick Ltd. for the subject contract. Alderman Merrett noted that one of tenders submitted had been returned unopened because the firm had not use a white envelope as required. Mayor Thomson explained that the tendering procedure is very specifically outlined in the contract documents, and bids must be submitted according to this procedure. Several members of Council expressed concern that the tender could have been the low bid, and that it should have been noticed when the tender was submitted that one of the envelopes was missing. The Design & Construction Engineer explained the tendering procedure in detail, and advised that not all tenders are noticed when they are placed in the tender box which is kept locked until the official tender opening. It was further advised that if an informal tender was opened and accepted, those tenderers who had followed the procedure correctly would have a legitimate complaint. The Design & Construction Engineer advised that tenders would be watched more closely in the future. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 249 - City Manager - Re: Municipal Accounts. of the municipal accounts. See Resolution No. 35 See By-law No. 80-85 The report recommends payment The City Manager and City Treasurer provided additional information on Cheques #5077, #5119, #5143, #5145, #5175, #5201 and #5211 in response to questions raised by Aldermen Cummings, Graaskamp and Schisler. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Puttick abstaining on Cheques #5038, 5039 and 5040, and all others voting in favour. No. 250 - City Manager - Re: Vacancy on Board of Museums. The report recommends that Council appoint two additional members to the Boardof Museums for the City of Niagara Falls and that the selections be made from the nominations submitted from the Lundy's Lane Historical Society and the Willoughby Museum Connnittee. Mr. D. Mackenzie of the Board advised that due to illness and a resignation, there are actually four vacancies on the Board, and requested that Council indicate which persons will be appointed for which terms. The City Clerk provided additional information on the terms of appointment and membership of the Board in response to a question raised by Alderman Sobol. The City Clerk advised that if it was the wish of Council to appoint four members, this can be accommodated under revised legislation. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that Council consider the appointment of four individuals to the Niagara Falls Board of Museums. Carried Unanimously. The City Clerk indicated that he would discuss the appointments with the Board to determine which persons will be appointed to which terms. No. 251 -~CityManager - Re: Vacancy on Planning & Development Committee. The report recommends that Council appoint a person to fill the vacancy on the Planning & Development Committee created by the resignation of Mr. K. Angle. It was moved by Alderman Merrett that Mrs. E. Bearss be appointed to the Planning & Development Committee to fill the vacancy. The motion was not 'seconded. It was moved by Alderman Fera, seconded by Alderman Graaskamp, that Mr. G. Bailey be appointed to the Planning & Development Committee to fill the vacancy. It was moved by Alderman Cheesman, seconded by Alderman Puttick, that Mr. D. Mackenzie be appointed to the Planning &Development. Committee to fill the vacancy. The motion to appoint Mr. G. Bailey, Cartied with the following vote: ~E: Aldermen Cummings, Dilts, Fera, Hinsperger, Graaskamp, Merrett, Schisler, Sobol and Wallman. .~YE: Aldermen Chessman!and Puttick. -6- The motion to appoint Mr. D. Mackenzie, was Defeated with the following vote: AYE: Aldermen Cheesmau and Puttick. NAYE: Aldermen Cummings, Diltss Fare, Hinspergers Graaskamp, Herrerr, SchislerI Sobol and Wallman. No. 252 - city Clerk - Re: Aldermanic Appointments. The report advises that Alderman Graaskamp has been asked to fill the vacancies on various boards and committees caused by the resignation of former Alderman MacBain: Board of Directors of the United Way, Performance Evaluation Working Group on the Standards of Performance for the Office of the City Manager, Special Flooding Committee, Local Architectural Conservation Advisory Committee and the Planning & Development Committee. Alderman MacBain advised that he could not accept the appointments to the United Way and the Performance Evaluation Working Group. Mayor Thomson advised that the work of the Performance Evaluation Working Group was nearing completion and that a replacement would not be necessary. With respect to the United Way, the Mayor suggested that any members of Council interested in serving on the Board of Directors, contact the City Clerk. ORDERED on the motion of Alderman Fare, seconded by Alderman Herrerr, that the report be received and filed. Carried Unanimously. 2) 3) 4) 5) 6) No. 253 - City Clerk,- Re: Consent Items. 1) Mr. James Sibley - Suggesting that the City's policy with respect to mandatory retirement of crossing guards at 72 years of age be re-examined particularly if a provision were included that continuing employment is subject to a physical examination twice a year. Recommendation - That the matter be referred to the Personnel Department for a report. Ministry of Housing - Requesting proposals for the provision of rental accommodation in Niagara Falls under the Rent Supplement Programme. Recommendation - For information purposes only. Statement of the Minister of Intergovernmental Affairs - Re: Municipal Term of Office. Recommendation - For the information of Council. Commentary of John McFadyen - Re: Rising Interest Rates. "' Recommendation - For the information of Council. 7) 8) 9) Regional Municipality of regarding the complement Recommendation - For the Regional Municipality of Recommendation - For the Regional Municipality of Recommendation - For the Regional Municipality of Recommendation - For the Regional Municipality of Spur Line. Recommendation - For the Niagara - Regional action on the City's resolution of the Regional Board of Commissioners of Police. information of Council. Niagara - Water and Sewage Flows for March, 1980. information of Council. Niagara - Re: Portage Road Bridge. information of Council. Niagara - Re: Temporary Closing of McLeod Road. information of Council. Niagara - Re: Abandonment of the Queenston Quarries information of Council. i0) Regional Municipality ofNiagara - Re: Mississauga Train Derailment. Recommendation - Refer to the Municipal Works and Fire Departments for commeni 11) Ministry of Transportation & Communications - Re: Conversion t9 Metric. Recommendation - Receive and file. 12) Niagara South Board of Education - Re: 1980 Requisitions for School Purposes. Recommendation - Receive and file. 13) Niagara Resort & Tourist Association - Re: Opposition to Increase in Parking Meter Rates in the Tourist Area. Recommendation - Refer to the Parking Committee. 14) Niagara Transit - Re: Delay of Buses at the Thorold Stone Road Crossing. Recommendation - That officials of CNR be contacted to determine the cause of the delays. 15) M~nistry of Housing - Re: Appointment of R.W. Rodman to Ministry of Housing/ Municipal Engineers Association Liaison Committee. Recommendation - For the information of Council. 16) Volunteer Bureau - Re: Community Awareness Month. Recommendation - That the request be granted. 17) Crawford, Smith & Swallow - Financial Statement of the Hydro-Electric Power Commission for the year ending December 31, 1979. Recommendation - Receive and file. 18) Niagara Peninsula Needle Arts Guild - Invitation to Members of Council. Recommendation - That the invitation be acknowledged and that any interested members of Council attend. 19) Canadian Mental Health Association - Re: Mental Health Week, May 4 - 10, 1980 -7- Recommendation - That the request be granted in accordance with City policy. 20) York Ranhover Developments - Re: Traffic Improvements for Queen Victoria Park. Recommendation - For the information of Council. 21) Jean & Ron Blair and Richard Campbell - Re: Operation of Helicopters. Recommendation - That the letters be acknowledged and the citizens thanked for their interest. 22) Town of Nicolet - Urging the Council of that Municipality to remain in Confederation. Reconmendation - For the information of Council. With respect to the letter from Mr. J. Sibley, Mayor Thomson stated that Mr. Sibley would like Council to consider changing its policy on crossing guards so that a person over 72 can remain a crossing guard, provided a physical examination is satisfactory. The Mayor suggested that the matter should be referred to the Personnel Department for consideration. Alderman Cheesman cautioned members of Council to remember that there are persons in their twenties and thirties who have not had a chance to get a job, and decisions of this nature can make .it= impossible for younger people to join the labour force. With respect to the letter from the N.R.T.A. concerning increases in parking meter rates, Alderman Herrerr advised that the Parking Committee had not been planning any hidden increases in meter rates. There had been a discussion on revenues and the comment had been made that the tourist areas could not support higher fees. The Alderman further advised that representatives of the tourist areas were asked to determine the feeling of their members on the matter, and he had been surprised when the reply had been directed to the Clerk and not the Parking Committee. Mayor Thomson provided additional information regarding the letter from Niagara Transit concerning delays at railway crossings, in response to a question raised by Alderman Puttick. Alderman Graaskamp indicated that he was opposed to the principle of the City writing to a community in Quebec to urge that Council to remain in Confederation. The Alderman felt this was a Provincial responsibility and that the City should not become involved. Mayor Thomson agreed that this was a matter involving the Provinces, however he felt that everyone in Canada was involved regardless of Jurisdiction. The Mayor further stated that the letter was an expression ofpersonal feelings. to the people of Nicolet. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Graaskamp voting contrary on Item 22, and all others votin~ in favour. No. 254 - Local Architectural Conservation Advisory Committee - Re: Experience '80 Programme. The report recommends the hiring of a summer student to undertake the research work necessary in order to permit the designation of properties because of their historical or architectural significance. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. No. 255 - City Manager - Re: Saks Furniture Ltd., Southwest Corner of Canadian Drive and Montrose Road. The report advises that an application has been received for an Official Plan Amendment and Zoning Amendment by Saks Furniture Ltd. in order to construct a furniture store. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrerr, that '_~he report be received and adopted. Carried Unanimously. RESOLUTIONS No. 32 - CEEESMAN - FERA - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited, be accepted at the tendered price of $95,162.69; AND the Seal of the Corporation be hereto affixed. Carried with Aldermen Schisler and Sobol voting contrary, and all others voting in fayour. No. 33 - SOBOL - DILTS - RESOLVED that the tender submitted by Earl Murchie for rental of equipment for weed control, be of 820.00 per hour for equipment under 150 gallons, $20.00 for equipment over~ 150 gallons and $7.00 per hour for a hand sprayer and labour; AND FURTHER -8- that the tender submitted by Adrian Vander Weyden for the mowing of weeds on private lots', be accepted at the tendered prices of $15.00 for a 40 h.p. tractor with 7' sickle and 9' rotor, $15.00 per hour for a 50 h.p. tractor with a 7' sickle and 9' rotor, $15.00 per hour for a minimum 55 h.p. tractor with an 8' rotor and $7.00 per hour for scythe and labour; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 34 - FERA - HINSPERGER - RESOLVED that the tender submitted by J.P. Hamill and Son for the supply of shirt and pant sets at the total price of $16.98 be accepted;'AND FURTHER that the price of $15.91 per pair of coverails submitted by Marty's Men's Wear be accepted; AND the Seal of the Corporation be hereto affixed. Carried with Aldeme: Cununings and Sobol ~ contrary, and all off voting in favour. No. 35 - SCHISLER - CUMMINGS - RESOLVED that the unit prices submitted by Blairk Ltd. for the installation of watermains on Fredrica Street, High Street and Fifth Avenue, be accepted at the tendered price of $85,869.60; AND the Seal of the Corporation be'hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-80 - A By-law to authorize the execution of a quit claim deed to 258796 Investments Limited. No. 80-81 - A By-law to close portions of Queen Street, Ontario Avenue, Crysler Avenue and Buckley Avenue to 'vehicular traffic on a temporary basis. No. 80-82 - A By-law to close portions of Queen Street to vehicu"'lar traffic one temporary basis. No. 80-83 - A By-law to authorize the acquisition of land for the purpose of a storm drainage channel. ("Conrail Drainage Channel") No. 80-84 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of underground services in Meadowale Extension Subdivision. No. 80-85 - A By-law to authorize the execution of an agreement with Blairick Limited for the installation of watermains. No. 80-86 - A By-law to authorize the execution of an agreement with Adrian · Vander Weyden for mowing weeds on private lots. No. 80-87 - A By-law to authorize the execution of an agreement with Earl Murchi for chemical weed control. No. 80-88 - A By-law to provide monies for general purposes. Carried with Alderma Schisler and 8obol voting cohtrary on By-law 80-84, Alderm Puttick 'abstaining e Cheques #5038, 5039 5040 of By-law 80-88 and all others votin in fayour. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the following by-laws be now read a second and third time: No. 80-80 - A By-law to authorize the execution of a quit claim deed to 258796 Investments Limited. No. 80-81 - A By-law to close portions of Queen Street, Ontario Avenue, Crysler Avenue and Buckley Avenue to vehicular traffic on a temporary basis. -9- No. 80-82 - A By-law to close portions of Queen Street to vehicular traffic on a temporary basis. No. 80-83 - A By-law to authorize the acquisition of lend for the purpose of a storm drainage channel. ("Conrail Drainage Channel") No. 80-84 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of underground services in Meadowvale Extension Subdivision. No. 80-85 - A By-law to authorize the execution of an agreement with Blairick Limited for the installation of watermains. No. 80-86 --A By-law to authorize the execution of an agreement with Adrian Vander Weyden for mowing weeds on private lots. No. 80-87 - A By-law to authorize the execution of an agreement with Earl Murchie for chemical weed control. No. 80-88 - A By-law to provide'monies for general purposes. Carried with Aldermen Schisler and Sobol voting contrary on By-law 80-84, Alderman Puttick abstaining on Cheques #5038, 5039 and 5040 of By-law 80-88, and all others voting in favour. NEW BUSINESS MESSAGE OF THANKS Mayor Thomson advised that he had received a letter of thanks from Mayor Michael O'Laughlin of Niagara Falls, New York, thanking the Council for finally bringing an end to the helicopter noise complaints after many years. APOLOGY TO ALDERMAN FERA Mayor Thomson referred to a discussion held during the last General Connnittee session on by-law enforcement in the City, during which a dispute had arisen between Alderman Fera and Sergeant-Major S. Trotter of the Canadian Corps of Connnissionaires. The Mayor advised that the dispute had been investigated, and Mr. Trotter now wished to apologize to Alderman Fera for any embarrassment or inconvenience caused by the incident. Alderman Fera accepted the apology and hoped that such incidents would not re-occur in the future. It was moved by Alderman Herrerr, seconded by Alderman Hinsperger, that the letter of apology be received and filed. Carried Unanimously. CLEAN-UP tN THE CLIFTON HILL/CENTRE STREET AREA Alderman Herrerr advised that he had received calls from businesses in -.the Centre Street/Clifton Hill area complaining over the lack of City crews available on the weekend for clean-up following the Blossom Festival activities. Mayor Thomson agreed that the area had been badly littered and litter containers had been overflowing. Alderman Grasskemp suggested that the City Manager should investigate the possibility of providing additional litter baskets in the area. It was moved by Alderman Herrerr, seconded by Alderman Grasskemp, that the matter be-referred to staff for the preparation of a report. Carried Unanimously. PARKING ON SODOH ROAD It was moved by Alderman Hinsperger, seconded by Alderman Wallman, that the Regional Municipality of Niagara be requested to consider the prohibition of parking on both sides of Sodom Road in the vicinity of the Niagara South Recreation complex on the east side and the restaurant on the west side. Carried.Vpanimousl,v. FOUR-WAY STOP ON ST. LAWRENCE AVENUE AT SIMCOE STREET It was moved by Alderman Fera, seconded by Alderman Cheesman, that ..... 10 staff review the feasibility of installing a four-way stop on St. Lawrence Avenue at its intersection with Simcoe Street. Carried Unanimously. It was moved by Alderman Merrett, seconded by Alderman Hinsperger, the meeting adjourn. Carried Unanimously. that INTERSECTION OF MAIN AND FERRY STREETS Alderman Cheesman noted that many cars travelling through the intersection of Main and Ferry Streets, have a tendency to run against the red light. The Alderman felt that there should be some sort of sequencing of the lights, i.e. advanced and delayed green lights, in order to discourage this dangerous practice. It was also suggested that until some changes can be made in the traffic signal system at the intersection, the Regional Police should be requested to give special attention to the area and issue tickets if necessary for drivers running the red light. It was moved by Alderman Chessman, seconded by Alderman Hinsperger, that the Niagara Regional Police be asked to observe traffic at the intersection of Main and Ferry Streets, and ensure all drivers obey the traffic signals. Carried Unanimously. WILLOUGHBY DRIVE LIGHTS Mayor Thomson provided additional information regarding the installation of warning lights and police enforcement of speed limits on Willoughby Drive in response to a question raised by Alderman Schisler. INTERSECTION OF KITCHENER STREET AND MACDONALD AVENUE Alderman Puttick referred to a discussion held by Council previously regarding the intersection of Kitchener Street and MAcDonald, and the possibility of having a four-way stop at the intersection. The Alderman indicated that he was still receiving complaints from area residents on this intersection, and suggested that the previous report on this matter be supplied to Council to consider in conjunction with the report on the intersection of St. Lawrence Avenue and Simcoe Street. VANDALISM AT FIREMEN'S PARK Alderman Cummings advised that Firemen's Park which is a ~Lor recreational facility provided for the use of people in the City, has become the victim of repeated acts of vandalism. The Alderman indicated that it has become impossible to keep picnic tables in the park for use of visitors because vandals destroy them as fast as they are placed at the Park. Fireplaces have also been destroyed and broken bottles left through~ut the Park. Alderman Cummings also advised that wild parties have been held at the Park, as recently as the weekend. Since this park was developed for the citizens of Niagara Falls, Alderman Cummings stated the majority of residents will suffer as a result of the constant vandalis: The Alderman asked that the Regional Police be asked if something could be done to discourage vandalism at Firemen's Park. ~' SIIMMARy .OF BUDGET DISCUSSION It was moved by Alderman Cheesman, seconded by Alderman Fern, that an amount of $35.,000 be included in the 1980 Operating Budget for immediate improvements at the Niagara Falls Arena, and the hiring of a Program Promotion Co-ordinator, who would be responsible for programming and promotion of all arenas, pools and recreation facilities in the City. -Carried Unanimously. It was moved by Alderman Cheesman, seconded by Alderman Fera, that the · amount of $200,000 held in reserve for servicing of the proposed Regional Headquarters Site, be deleted as an expenditure and included as revenue in the 1989 Operating Budget. Carried Unanimously. It was moved by Alderman Herrerr, seconded by Alderman Fera, that the Finance Conunittee in conjunction with staff, prepare a five year forecast of operating costs, expenditures and revenues, to be considered prior to discussion of the 1981 operating budget. Carried Unanimously. It was then moved by Alderman Cheesman, seconded by Alderman Hinsperger, that the 1980 Operating Budget, as amended, be adopted, The motion Carried with Alderman Schtsler voting contrary, and all others voting in fayour. READ AND ADOPTED, COL~INSON, CITY CLERF'J L MAYOR WAYNE THOMSON Committee Room #1 May 12, 1980 COMMITTEE OF THE WHOLE Council met on Monday, May 12, 1980 at 6:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Fera and Orr. Alderman Cheesman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR WAYNE THOMSON Council Chambers May 12, 1980 Council met on Monday, MAy 12, 1980 at 7:30 p.m. prior to a meeting of the General Committee. All members of Council were present with the exception of Aldermen Fera and Orr. His Worship, Mayor Thomson presided as Chairman. MAyor Thomson and the Council offered a silent prayer for the recovery of Mr. Ralph Racine, a local boxer who was injured seriously in a recent boxing competition in Montreal. PRESENTATION OF RETIRE~fiENT WATCH AND 25 YEAR PLAQUE His Worship, ~yor Thomson presented a retirement watch to Mr. E. Marcotte an employee of the Water Distribution section of the Municipal Works Department who retired at the end of April after almost thirty-one years of service with the Municipality. Also presented was a 25-Year Service Plaque to Mr. L. Sargeson of the City Streets Department who completed twenty-five years of service with the MuniCipality on April 13, 1980. STANDARDS OF PERFORMANCE, OFFICE OF THE CITY MANAGER Report No. 256 - Alderman W.A. Hinsperger - The report of the Performance Evaluation Working Group unanimously recommends that the letter of resignation from City Manager S.R. Price dated May 15, 1979 with an effective date of MAy 15, 1980 be torn up and Mr. Price be given a complete vote of confidence by the Council. ~" Alderman Hinsperger further recommended that the Working Group continue in operation until November, at which time the Council should reconunend to the '1981-82 Council that the Oroup's work continue on with a review of the by-law respecting the duties and responsibilities of the City MAnager, with a view to updating the by-law to meet with the current situation. Mayor Thomson commaented that the guidelines for the City Manager are now in place regardless of what Council or City Manager is involved with the running of the City. The Mayor noted that these guidelines would provide direction for all involved in the future. The Mayor complimented Alderman Hinsperger and the Working Group for the excellent Job done and the time spent in evaluating the guidelines. Alderman Graaskamp indicated that he was looking forward to working with the City Manager in the future. The Alderman also suggested that if Council had been more watchful, the matter of the ferris wheel-could have been prevented from reaching the proportions it had. Mayor Thomson felt that Alderman Graaskamp could not be aware of all the details involved in the original discussions to be expressing such an opinion. Alderman Puttick felt that if one was going to criticize the report of the Working Group, that person would have to come in with something better than -2- what had been presented. The Alderman felt that the City Manager had presented a reasonable operating budget, liaison had improved, and things were generally on the right track. Alderman Puttick also referred to-s suggestion made that the appointment of a City Manager be made on a contract basis, however he felt that in the City's case this would not apply. Mayor Thomson and Alderman Hinsperger tore up the letter of resignation submitted by the City Manager in 1979. The City Manager thanked for Council for its renewed confidence in him, and commented that the better liaison enjoyed recently will continue in the future. The City Manager also commended the staff and employees of the City and hoped that both staff and the Council would continue to work as a team together in the future. It was moved by Alderman Hinsperger, seconded by Alderman Merrett, that the report be received and adopted, and further that Council authorize the Working Group to continue in operation until November of this year, following which the Council recommend to the 1981-82 Council that the Group continue to work on a review of the by-law regarding the position of City Manager, with a view to updating it to meet the current situation. Carried Unanimously. No. 257 - City Manager - Re: Ontario Renews - Action for the '80's, International Forum on Community Renewal. The report recommends that Council designate one member to attend the subject forum. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that Alderman Grasskemp be authorized to attend the subject forum. Carried Unanimousl No. 258 - City Manager - Re: Temporary Railway Crossing at Bender Hill. The report recommends that York Harmover Developments Ltd. be requested to erect and maintain substantial barricades or gates on both sides of the Conrail crossing at Bender Hill. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 36 - SCHISLER - SOBOL - RESOLVED that the Weed Inspector of the City of Niagara Falls be directed to cause noxious weeds or weed seeds~ any subdivided portion of the Municipality and lots not exceeding ten acres, whether or not the lots are part of a plan of subdivision, to be destroyed in the manner prescribed in the regulations made under The Weed Control Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously Communication No. 77 - Lanmer Consultants (1978) Ltd. - Re: Soil Investigation at Sanitary Landfill Site. The communication r~quests that the City permit the firm of Lanmer Consultants (1978) Ltd. to be placed on the list of consultants who will present proposals. Mayor Thomson provided additional information on the request, and indicated that if the fimmwae not qualified to carry out the work, the City was not obligated to accept its proposal. ORDERED on the motion of Alderman Schieler, seconded by Alderman Graaekamp, that the firm of Lanmer Consultants (1978) Ltd. be permitted to submit a proposal on soil investigations at the Sanitary Landfill Site. Carried Unanimous Report No. 259 - City Manager - Re: Easement Required for Sanitary Sewer on Montrose Road, Contract S.S. 5-80 (Crema Property). The report recommends that Council authorize the payment of $1,000 for the required easement from Montrose Motor Inn and that the City Solicitor be authorized to prepare the necessary easement agreements. The Director of Municipal Works provided additional information.in response to several questions raised by Alderman gchislar. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others voting in fayour. CASINO C~.MBLING - Nr, R, Cowan of the Niagara Falls Kinsmen Club, requested that the time limit established by the Social Planning Council for submissions on the popular Lee Vegas and Monte Carlo nights, be extended to allow additional submissions to be made. Both Aldermort Marrett and Puttick could see no reason why the deadline could not be extended, and felt this extension would provide full -3- opportunity for all interested parties to make submissions. Alderman Puttick also commented that Council should have all the facts available before making a decision. Alderman Cummings indicated that the special committee established by the Social Planning Council had good representation from the various groups and organizations in the City, and was reviewing all aspects of the matter. The Alderman also indicated that the Committee has agreed to accept further submissions even though the deadline date has passed. Alderman Cummings felt that extending the deadline into June could delay the recommendations of the Committee to Council. It was also explained that the Committee would be holding a series of meetings every Thursday for six to eight weeks, to which various speakers would comment on casino gambling. Mr. Cowan explained that the problem with some of the service clubs in meeting the original deadline, was that the groups only meet once a month, and the meeting dates did not fall early enough to discuss the matter. Mayor Thomson suggested that Council recommend to the Social Planning Council that the deadline date be extended to June 15th to allow sufficient times for all interested persons to submit comments. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Puttick, that the Social Planning Council be requested to extend the deadline for comments on casino gambling until June 15, 1980. Carried Unanimously. BOULEVARDS ON SHELDON STREET Mayor Thomson referred to a recent complaint from residents of Sheldon Street regarding the constant parking of cars on the boulevards directly in front of their homes. The Mayor indicated that the area does not have curbs and because of the traffic generated by a local bakery, the residents cannot keep the cars off the boulevards. Mayor Thomson indicated that he had met with the residents in question and the Design & Construction Engineer, and it has been determined that curbs could be installed using a method of payment similar to local improvements. The residents have agreed to pay the usual $4.00 per foot frontage for curbs which will be constructed by the City. In response to a question raised by Alderman Merrett, the Director of Municipal Works stated that the cost would be approximately $800 - $1,000, and there were available funds in the budget to carry out the work, which is subject to the usual subsidy. It was moved by Alderman Merrett, seconded by Alderman Cheesman, that curbs be installed on the section of Sheldon Street in question, with the residents involved contributing toward the cost of the work at the rate of $4.00 per ft. of frontage. Carried Unanimously. RESIGNATION OF ALDEILMANH. WALLMAN Communication No. 78 - Alderman H. Wallman - The resignation of Alderman H. Wallman, effective May 13,'1980, was presented t9 City Council. Mayor Thomson expressed hie disappointment that Alderman Wallman would be leaving the City and indicated that he would be missed not only by the Council -and staff, but by the citizens of the Willoughby area. The Mayor praised Alderman Wallman for his quite and effective representation of this area of the City. Mayor Thomson.also expressed his best wishes to the Alderman in his new venture. Alderman Wallman thanked the Mayor for his conunents, and indicated that while he had tried to do his best for the people in Willoughby, there were things that remain undone. The Alderman asked that Council keep these items in mind, and wished the Council best in the coming year. It was moved by Alderman Craaskamp, seconded by Alderman Sobol, that ., the resignation be accepted with regret and thanks for Alderman Wallman's past services. Carried Unanimously. It was moved by Alderman Cheesman, seconded by Alderman Cummings, that the meeting adjourn to General Committee session. Carried Unanimously. READ AND ADOPTED, J~.~."COL~INSON, CITY CLE~ -4- Council Chambers May 12, 1980 Council reconvened in formal session on Monday, May 12, 1980, following a meeting of the General Committee. All members of Council were present with the exception of Aldermen Fera and Orr. His Worship, Mayor Thomson presided as Chairman. 'VEHICLES USED FOR CITY BUSINESS Report No. 260 - City Manager - The report provides information on the desirability of using daily mileage sheets and the need for taking home City vehicles. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and filed, and further that a special committee be established to study the possibility of car-pooling of City vehicles. Carried Unanimously. Aldermen Dilts, Merrett and Puttick will serve on the committee. USE OF PRIVATE VEHICLES FOR CITY BUSINESS Report No. 261 - City Manager - The report recommends that mileage allowances paid for the use of privately-owned automobiles be increased by approximately 25~ effective May 1, 1980; that mileage rates for non-union personnel driving personal vehicles on City business but not in receipt of a monthly allowance be set at 16¢ per km or 27¢ per mile effective May 1, 1980; and that mileage rates for non-union personnel driving personal vehicles on City business and receiving a monthly allowance be set at .09¢ per km or 15¢ per mile for driving beyond the boundaries of the Regional Municipality of Niagara. ORDERED on the motion of Alderman Merrett, seconded by Alderman Rinsperger, that the report be received and adopted, and further that the allowances paid to Mayor Thomson and the City Manager, also be increased by 25%, effective May 1, 1980. Carried Unanimously. PARKING OF BUSES - MAPLE LEAF VILLAGE It was moved by Alderman Herrerr, seconded by Alderman Hinsperger, that staff in conjunction with the Municipal Parking & Traffic Committee, prepare a report on the possible establishment of bus parking areas in front of Maple Leaf Village on Falls Avenue. Carried Unanimously. WOODS GORDON NIAGARA ECONOMIC DEVELOPMENT STUDY It was moved by Alderman Merrett, seconded by Alderman Hinsperger, that Council endorse the brief prepared by the Niagara Falls Business & Industrial Growth Agency Inc. regarding the Woods Gordon Niagara Economic Development Study, and further that a copy of the brief be forwarded to the Regional Municipality of Niagara. Carried Unanimously. LITTERED PROPERTIES BETWEEN BRIDGE STREET AND C,N.R, LINE {INSON, I 'CAEf ' ' R WAYNE HOMSON COMMITTEE OF THE WHOLE Committee Room #1 May 12, 1980 Council met on Monday, May 12, 1980 following a special meeting. All members of Council were present with the exception of Aldermen Fera and Orr. Alderman Chessman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ,s,&~.a, SOPTED, MAYOR WAYNE THOMSON Council Chambers May 12, 1980 Council reconvened in formal session on Monday, May 12, 1980, following a meeting in Committee of the Whole. All members of Council were present with the exception of Aldermen Fera and Orr. His Worship, Mayor Thomson presided as Chairman. The meeting adjourned. READ AND ADOPTED, 'C6LLINS~N: ~I~'CiE~' MAYOR WAYNE THOMSON It was moved by Alderman Merrett, seconded by Alderman Hinsperger, that City staff contact officials of C.N.R. to request that efforts be made to clean up the area and improve the appearance of this part of the City. Carried Unanimously. It was moved by Alderman Ninsperger, seconded by Alderman Cummings, that the meeting adjourn to Committee of the Whole. Carried Unanimously. TWENTIETH MEETING Committee Room #1 May 20, 1980 COMMITTEE OF THE WHOLE Council met on Tuesday, May 20, 1980 at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR Council Chambers May 20, 1980 Council met on Tuesday, May 20, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Chessman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the minutes of the meetings held on April 28th and May 5th, 1980, be adopted as printed. Carried Unanimously. DEPUTATIONS MR. GEORGE ANSELL - BUSINESS TAX ON FORMER MINI-MART ON FERGUSON STREET Mr. George Ansell, was granted permission to address City Council on the motion of Alderman Hinsperger, seconded by Alderman Cummings. Mr. Artsell speaking on behalf of his son-in-law, stated that the business had opened in September of 1977 and the profits had successfully covered all living and business expenses. Shortly after the business opened, construction on Ferguson Street began. Since that time, the business suffered ~o such an extent that the owner and his wife found it necessary to work outside the business to meet expenses, and eventually had to close the business. Mr. Ansell further stated that he had contacted Alderman Puttick and Mayor Thomson, as well as Mr. C. Amadlo and after five months, some improvements were made to the road. The Director of Municipal.Works informed the Council that construction on .Ferguson Street was started at the beginning of January 1979, under the Neighbourhood Improvement Program, and involved replacement of sanitary sewers and the street itself. The firm of Demote Bros. Ltd. was awarded the contract, and subsequently encountered poor soil conditions during its investigations. The contractor requested that the City agree to an alternate proposal which would involve the installation of a plastic liner inside the existing sanitary sewer as opposed to replacing the existing pipe by open cut. The Director of Municipal Works further explained that the City had agreed to this alternate method of construction, subject to a second smaller sanitary sewer being installed parallel to the existing pipe. It was agreed that the road conditions during construction had been quite had, and were delayed because of winter weather conditions. The Director of Municipal Works stated that at the present time, only asphalt surfacing and sodding were yet to be completed. Alderman Graaskamp questioned the policy of the City when a business is disturbed during construction and learned that there has been no policy in the past regarding this, and that ~ temporary access would have been costly to the City. -2- The City Clerk advised the Council that in response to an application, the Assessment Review Court had recently decided against any refund, cancellatic: or rebate of taxes on the subject business. It was suggested that Mr. Ansell might wish to apply to the County Judge for a hearing on this matter in order to appeal the case. Alderman Cheesman advised Mr. Artsell that Council was not in a position to make a decision since this must be handled through the Court. It was further stated that although Council was in sympathy with Mr. Ansell's son-in-law in this situation, the Assessment Act outlines the procedures which must be followed. The business tax has not been paid to date, and although Mr. Artsell is appealing to Council that it not be paid, it was generally agreed that Council was unable to comply with the request. Mr. Ansell suggested that perhaps he should sue the City. Mayor Thomson suggested to Mr. Ansell that he contact the City Clerk in order to discuss the procedure to be followed in appealing the decision of the Assessment Review Court to the County Judge. PRESENTATION Alderman Cheesman presented to the Mayor a plaque received by him as a representative of the City at the 1st Bn. Argyll & Sutherland Highlanders of Canada (P.L.), Hamilton Branch, dinner on May 17th, 1980. UNFINISHED BUSINESS 1980 CURRENT OPEARTING BUDGET Report No. 262 - City Manager - The report recommends passage of by-laws to provide for the appropriations, fixing of the rates, levying and collection of taxes for the year 1980. Mayor Thomson advised that the budget would have to be withdrawn from the agenda at this time due to chang@s in the Regional levy. It was further advised that the budget would be presented at the next meeting for final approval. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that the report be deferred to the next meeting of Council. Carrie~'Dnanimously. INTERSECTION OF ONTARIO AVENUE AND HURON STREET Report No. 263 - Municipal Par~ing & Traffic Committee - The report recommends that parking be prohibited at all times from the easterly side of Ontario Avenue from Huron Street 60' southerly, and that overhead flashing lights be erected to supplement the existing stop signs. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. * BUCKLEY AVENUE - CITY LAND ASSEMBLY Report No. 264 - City Manager - The report recommends that Mrs. E. Culp be informed the. City does not wish to sell back the property known as 4757 Simcoe Street. During the discussion on the report, Mayor Thomson explained to Council that Mrs. Culp had thought she would be put out of the house, but it appears that it may be some time before she is asked to vacate the premises, that she would be given three months advance notice, and such action would not be taken unless absolutely necessary. .ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinspergers that the report be received and adopted. Carried Unanimously. SCHOOL CROSSING GUARDS Report No. 265 - City Manager - The report recommends that no change be made in the present policy regarding the retirement of school crossing guards as approved by Council on August 23, 1971. In reply to a query the City Nanager informed Council that Hamilton has an employment policy similar to Niagara Fallss but requires a medical once or twice a year after age 70. Alderman Hinsperger expressed concern that elderly people are allowed to drive cars as long as they can pass a medical, and refertee to recent movements against forced retirement. It was agreed that the persons concerned are aware of their own capabilitia It was further agreed that the expense of the medicals should be met by the -3- employee and the medical criteria should be formally set out by the local physician performing medical examinations for the City. The amendment to the policy would make it mandatory for an employee from the approximate age of 70 to have a medical examination twice a year. Alderman Cheesman expressed some concern that employees in other departments of the City might also wish to be accommodated in the same manner and requests of this nature might possibly be made in future negotiations. Aldermen Hinsperger and Merrett felt that since other City employees were covered under collective agreements providing for retirement, the proposed amendment would not affect them. Alderman Sobol voiced an opinion on a relativity basis regarding age and health. Alderman Puttick agreed that people should be allowed to work if they so desired. Aldermen Cummings and Dilts agreed that a study should include input from various concerned organizations, and it was generally felt that responsibility to the children of the City should be considered. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Graaskamp, that the matter be referred back to staff for further amendments to the policy. Carried Unanimously. INVESTIGATION OF 1979 FLOODING Report No. 266A - Flooding Committee - The report recommends that Council approve a by-law authorizing an agreement with Paul Theil Associates Limited to investigate flooding at a cost not to exceed $35,000; the Mayor and Clerk authorized to sign the engineering agreement; the consultant's fees to be charged to funds approved in the 1980 Operating Budget; and further that no funds be spent from the 1980 Capital Budget for Sophia Street and Gunning Drive sanitary sewers until the investigation has been reviewed by Council. Alderman Dilts recommended the competency of Paul Thiel Associates, advising of the firm's success record in handling problems in North York. Alderman Hinsperger agreed with this evaluation citing a large financial saving for the City by the use of the computer simulation technique. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fare, that the report be received and adopted. Carried Unanimously. See By-law No. 80-92 COI~4UNICATIONS No. 79 - Niagara Falls Professional Fire Fighters Local 528 - Re: Negotiations for 1980 Collective Agreement. The communication advises officially that the Local is referring the matters in issue in the 1980 Collective Agreement to arbitration, and that the Association's nominee to the Board of Arbitration will be Mr. Jeffrey Sack of Toronto. AND Report No. 266B - City Manager - The report recommends that the communication from Local 528 be received and referred to the City Negotiating Committee and that the Association be advised that Mr. John C; Cyr of Ottawa has been appointed 'a nominee on the Board of Arbitration to represent the City, and that Mr. Bradshaw · Paulin, Q.C, be appointed as Legal Counsel on behalf of the Corporation in this matter. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the communication be received and referred to the City Negotiating Committee. Carried Unanimously. ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 80 - Niagara Transit - Re: Main Street Bus Stops. The communication requests that a committee of staff work with the Commission to establish a proper crosswalk at the Main Street transfer point, and to construct a bus shelter in the immediate area to protect passengers from the elements while waiting for buses. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the the Projects & Services Engineer and Alderman Merrett work with the Transit Commission, and further that the communication be referred to staff. Carried Unanimously. No. 81 - Ontario Task Force on Provincial Rail Policy - Re: Request for Connnents. The communication requests comments on rail related issues affecting this area. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the communication be referred to staff for a report. Carried Unanimously. : 'i -4- No. 82 - Mr. J.T. Charlebois and Others - Re: Use of Leg Hold Traps and Snares. The communication requests that the City enact legislation to prohibit the use of leg hold traps and snares. Mr. J.T. Charlebois was granted permission to address City Council on the motion of Alderman Orr, seconded by Alderman Merrett. Mr. Charlebois showed the ordinary mouse and rat traps which he said were humane and killed instantly. He also demonstrated the wolf trap, the muskrat trap and the bear trap. Mr. Charlebois advised that these traps are very dangerous to children because they have been set in built-up areas. Mr. Charlebois stated that nine other municipalities have banned the use of these traps and snares. Alderman Cheesman questioned Mr. Charlebois on how wild animals within the City should be handled, and was informed that the Humane Society should deal with such cases. People using the traps within the City have a permit from the Ministry of Natural Resources. Alderman Schisler pointed out that the Ministry issues licehess to hunt throughout Ontario, and yet it has no property to permit hunting. Mrs. J. Holly also addressed Council confirming the points of concern raised by Mr. Charlebois in the matter. It was suggested that perhaps the Ministry of Natural Resources might be able to provide information regarding the legality of using leg hold traps within the Corporate limits. ORDERED on the motion of Alderman Dilts, seconded by Alderman Graaskamp, that the request be referred to staff for a report, with particular reference to the legislative authority available to pass the requested by-law. Carried Unanimously. No. 83 - Operation Dismantle - Re: Global Referendum on Disarmament. The communication requests endorsement of a resolution calling for a global referendum on disarmament. Mr. D. Beam was granted permission to address City Council on the motion of Alderman Graaskamp, seconded by Alderman Sobol. Mr. Beam stated that the Operation Dismantle Group was basically asking municipalities across Canada to endorse a Global Referendum on Disarmament to put before the~United Nations, through the initiative of the Canadian Government in the United Nations, and the Minister of External Affairs, Mark MacCuigan. Mr. Beam advised that the group has a letter of support from Farley Mowat, as well as endorsements from the municipalities of Toronto, Hamilton, Vancouver, Midland and Penstang. Alderman Graaskump objected to any action being taken which was outside the Jurisdiction of the Municipality, and made a motion to that effect. The motion was not seconded. Mayor Thomson disagreed with the motion on the basis that any matters before the Council should be commented on, regardless of Jurisdiction. The Mayor felt that input from people must make its way up the ladder and it is the responsibility of Council to do this. Aldermen Puttick, Sobol, Hinsperger and Fera agreed that everyone has a right to have input in matters of such importance, Alderman Dllts felt such a move was a step in the right direction. Alderman Chessman voiced the opinion that he does not believe peace will come with disarmament, but only by nations having the strength to look after themselves. Mayor Thomson stated that this is basically what the group is saying, that a nation has to defend itself but it would have to be done globally. ORDERED on the motion of Alderman Puttick, seconded by Alderman Sobol, that Council endorse the resolution calling for a Global Referendum on Disarmament. The motion Carried with the following vote: AYE: Aldermen Cummings, Dilts, Fete,, Hinsperger, Merrett, Orr, Puttick and Sobol. · NAYE: Aldermen Cheesman, Graaskamp and Schisler. No. 84 - City of Windsor - Re: Resolution on North American Built Care. The communication requests endorsation of the resolution urging people to"Buy the Cars Your Neighbours Help to Build". During the discussion on this communication, Alderman Graaskamp stated that if other countries take the same attitude of not buying Canadian cars nor coming to Canada for holidays, it could be detrimental to a tSurist City 'such as Niagara Falls, depending on tourists visiting. It was the view. of Alderman Puttick that he did not have a conflict of interest on this matter, and co~m~ented that it was up to him to convince people -5 - that the Canadian product is better. The Alderman also felt that everyone has a right to send through a democratic letter. Aldermen Merrett, Cummings and Fera agreed that it was time a stand was taken to support Canadian products. ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobol, that the resolution be endorsed. The motion Carried with Alderman Graaskamp voting contrary, and all others voting in favour. No. 85 - Mr. D. Dobson - Re: Drainage Problems. The communication requests assistance in solving a drainage problem caused by lands of the Niagara South Board of Education. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the Board of Education be asked to implement remedial measures to drain the subject property. Carried Unanimously. No. 86 - Heavy Construction Association of Regional Niagara - Re: Contract G.C. 7-80. The communication expresses concern that the low bidder on this contract, Blairick Limited, was not awarded the contract as recommended by the Engineering Department of the City. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cummings, Dilts, Fete, Hinsperger, Graaskamp, Merrett, Orr and Puttick. NAYE: Aldermen Sobol and Schisler. No. 87 - Mr. G. Bailey - Re: Appointment to Planning & Development. Mr. Bailey advises in the communication, that he will be unable to accept the appointment due to a new commitment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. Alderman Cummings suggested that Council consider appointing a replacement for Mr. Bailey. Several members of Council pointed out that there would not be much time to work on the Committee prior to the November election, which could put a new appointee in a difficult position. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that no appointment be made to fill the vacancy for the balance of the current term. The motion Carried with the following vote: AYE: Aldermen Dilts, Fera, Hinsperger, Graaskamp, Merrett, Orr, Puttick, Schisler and Sobol. NAYE: Aldermen Cheeaman and Cummings. No.. 88 - Cupolo Park Limited - Re: Special Occasion Permits. The communication requests permission of the City to serve alcoholic beverages in conjunction with a number of tournaments to be held during the smmner months. During the discussion on this matter, Alderman Schisler expressed the opinion that if special permission was required, such requests should be referred to the Recreation Commission first. It was explained that these 'requests were basically for beer tents on private property. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the request he granted subject to similar approvals being received from 'the Niagara Regional Police, Niagara Falls Fire Department, Niagara Regional Health Unit and the L.L.B.O. The motion Carried with Alderman Chessman voting contrary, and all others voting in favour. REPORTS - No. 267 - City Manager - Re: Draft Planning Act - Submission to the Province. The communication recommends that a Joint meeting of Council and the Planning · and Development Committee be held on Wednesday, May 28, 1980 at 4:15 p.m. to discuss the submission to the Province on the Draft P arming Act. No. 268 - City Manager - Re: Official Plan Amendment Procedures. The report recommends that the Council accept.the new procedures as outlined. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report he received and adopted. Carried Unanimously. No. 269 - City Man~aeF~E- Re: Site Plan Approval for Proposed Ramada Inn, Stanley Avenue. The report recommends. approval of the subject site plan. -6- The Deputy City Solicitor provided additional information regarding the "sole risk" clause in the report, in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 270 - City Manager - Re: Site Plan Approval for Nine Unit Apartment Buildin~ Swayze Drive and Portage Road. The report recommends approval of the subject site plan. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 271 - City Manager - Re: Amendment to Site Plan, Proposed Addition to Imax Theatre. The report recommends approval of the subject site plan. The City Clerk advised that the report should be withdrawn from the agenda at this time. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that the report be withdrawn. Carried Unanimously. No. 272 - City Manager - Re: Severance Application - Cupolo Park on Kalar Road. The report recommends that the decision of the Land Division Committee of the Regional Municipality of Niagara on severance application B-168(80) for Cupolo Park Limited, be appealed to the Ontario Municipal Board. Mayor Thomson questioned whether the applicants were aware of the recommendation. Mr. H. Damore of the Italian Social Club gave additional information that the applicants would like to discuss this appeal of the Land Division Committee decision with the City. Mayor Thomson suggested that the matter be tabled to allow the City an opportunity to meet with the applicants. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be tabled. Carried Unanimously. No. 273 - City Manager - Re: Conveyance to Niagara Falls Hydro-Electric Commissil The report recommends passage of a by-law to authorize' the conveyance of lands on the northeasterly side of Swayze Drive previously acquired by the Township of Stamford, to the Niagara Falls Hydro Electric Commission for the purpose of a transformer station. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and adopted; Carried Unanimously. See By-law No. 80-9t No. 274 - City Manager - Re: Tour of Municipal Facilities. The report recommend! that Council members and staff hold an inspection tour of municipal facilities on Saturday, June 7, 1980, to commence at the Municipal Service Centre at 9:00 ~ ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Hinsperger and Fera. NAYE: Aldermen Cheesman, C-m~ings, Dilts,:Graaekamp, Merrett,'Orr, Puttick, Schisler and Sobol. It was then that the Council at the Municipal Unanimously. moved by Alderman Hinsperger, seconded by Alderman Herrerr, members and staff meet on Monday, June 9th, 1980 at 5:00 p.m. Service Centre, for the inspection tour of facilities. Carrt~j No. 275 - City Manager - Re: Contract C.C. 8-80, Sewer, Watermain and Base Road Construction in Falls Industrial Park Extension, Phase II. The repor[ recommend that the unit prices submitted by Provincial Construction (Niagara) Limited, be accepted subject to the issuance of au approval certificate by the Ministry of the Environment for the sewer and watermain installations. ORDERED on the motion of Alderman Fera, seconded by Alderman Graaskamp, that the report be received and adopted. Carried Unanimously. See Resolution No. ! See By-law No. 80-~ No. 276 - City Manager - Re: Stanley Avenue Sanitary Sewer. The report recommends that monies for this project be included in the Capital Budget for 1982 construction of a section of sanitary sewer between the Welland River and Conrail on Stanley Avenue; that Marine Wonderland & Animal Park Ltd. be asked to dedicate an easement along the east side of !~anley Avenue to the Region and the City; and that Marine Wonderland & Animal Park Ltd. be requested to -7- participate in a cost-sharing of the sanitary sewer necessary on Stanley Avenue. The Director of Municipal Works informed Council that the Ministry of the Environment has indicated it would approve the work for the extension into the subdivision, and will require an undertaking that something will be done around 1982. ORDERED on the motion of Alderman Puttick, seco~ded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 277 - City Manager - Re: Contract S.R. 10-80, 1980 Sidewalk Repairs. The report recommends acceptance of the unit prices submitted by Northland Bitulithic Limited for the subject contract. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 39 See By-law No. 80-95 No. 278 - City Manager - Re: Contract A.C. 11-80, Asphalt Overlay Programme. The report recommends acceptance of the unit prices submitted by Northland Bitulithic Limited for the subject contract. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 40 See By-law No. 80-96 No. 279 - City Manager - Re: Building & Development Report for April, 1980. report provides current news relative to permit statistics and development proposals during the month of April, 1980. The Alderman Puttick commented on the great improvement resulting from the May Foundry relocation from Clark Street to Kister Road. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 280 - Mayor Thomson - Re: Drainage Problem. at 6936-6960.Harriman Street. The report recommends that the problem be referred to the Drainage Committee and that a cost sharing arrangement be made between the people involved and the City. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 281 - City Manager - Re: Municipal .Accounts. The report recommends payment of the municipal accounts. The City Manager provided additional information regarding Cheque #5347 in response to a question raised by Alderman Schisler. In response to a question raised by Alderman Cummings, the City Treasurer advised that Cheque #5286 covered the cost of taking down four speakers at the Niagara Falls Arena. Mayor Thomson suggested that a report be brought in by an acoustic expert regarding the sound system at the Niagara Falls Arena. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 282 - City Manager - Re: Community Services Contribution Programme - Maple ~Area. The report recommends that the City of Niagara Falls formally accept the allocation of $2.25 million from the Federal Government and the Province of Ontario, and that the City agree to provide funds totalling$750,000 as its share of the program. The report further recommends that $780,000 be spent on the Niagara Falls Arena to improve it for the benefit of the neighbourhood · and the community in general. Mayor Thomson informed the Council that Mr. Reg Qutnn had decided to move the Niagara Falls Flyers Hockey Club from Niagara Falls, and that this decision had nothing to do with the relationship he had with the City. Mr. Qutnn had chosen this course of action because of the lack of support from local fans. It was suggested that if the fans were willing to support the Club in a positive way, such as in the purchase of.season tickets, perhaps Mr. Quinn might alter his decision since he did not have a new location in mind. Mayor Thomson requested that Council consider setting up a "hot line" in the City Hall so that calls could be received from persons wishing to reserve tickets for next season. The Mayor made a personal commitment to reserve two season tickets. II II -8- Alderman Herrerr agreed with this suggestion and indicated that he also would like to reserve season tickets for the next season. The ~ayor reminded members of Council that the Hockey Club provided the City with $50,000 to offset costs at the Arena, and if the Club were to relocate, this revenue would be lost to the City. The Mayor felt that everything possible should be done by staff and the Council to keep the Hockey Club in the City. Mayor Thomson also suggested that Council authorize an expenditure covering the cost of an advertisement in the local newspaper urging greater local support of the team. The Building & Development Co-ordinator provided Council with further background information regarding the Community Services Contribution Program related to this area. It was advised that the plan for the Maple Area will be advantageous to the people living near the Arena and those using the Arena. Mr. W. Murray from the firm of D. Chapman Associates, outlined the proposed plans for the improvement of the Niagara Falls Arena. AIderman Cummings expressed concern that the improvements would only be external and no changes would be made internally to the building. Alderman Herrerr also stressed the need for internal improvements to the building. In response to a question raised by Alderman Puttick, Mr. Murray advised that there would be an enclosed ticket sales area, thereby eliminating the problems caused by inclement weather. Alderman Dilts shared the concern expressed by Aldermen Cummings and Herrerr and suggested that more consideration be given to improving the inside other than to the face of the building, and the dressing rooms. Alderman Grasskemp agreed with this and suggested a better proportionlug of the money available. The City Clerk advised that the recommendation to spend $780,000 on improvements to the Arena, should be recommended to the 1981-82 Council, since the current Council cannot commit funds to subsequent years. Alderman Sobel felt the money should be put where it is needed. Mayor Thomson advised that any additional funds would have to be in next year's budget. Following further comment, it was moved by Alderman MerreJ;~, seconded by Alderman Minsperger, that the report be received and adopted with the amendment that Council agree to recommend to the 1981-82 Council that sufficient funds be provided for the Corporation's share of the cost under the Programme, and further that Council authorize an expenditure to cover the cost of an advertise~ in the localpress urging greafer local support of the Niagara Palls Flyers Hockey Team. Carried Unanimously. No. 283 - City Manager - Re: Vacancy on Council. The report recommends that a special meeting be held on May 26th to appoint a person to~ftll the vacancy created by the resignation of former Alderman Wallman. ORDERED on the motion of Alderman Grasskemp, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 284 - City Manager - Re: Schedule of Meetings for Summer Months. The report recommends adoption of the summer schedule of meetings commencing June 9th and every ethan week thereafter until September when regular weekly meetings will resume. ORDERED on the motion of Alderman C,",mtngs, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 285 - Alderman 8chisler - Re: Canada Week. The report recommends adoption of the program to observe Canada Week. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report he received and adopted. Carried Unanimously. No. 286 - City Manager - Re: Status of Various Council Matters. The report provides information on the status of various Council matters. ORDERED on the motion of Alderman Sobel, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. No. 287 - Deputy City Clerk - Re: Consent Items. 1) Niagara Transit - Re: Sylvia Place Terminal. Recommendation - For the information of Council, ~' 2), Liquor Licence Board of Ontario - Re: Licensing of Fast-Fodd Establishments, Recommendation - For the information of Council, 3) Liquor Licence Board of Ontario. - Re: Date of Meeting for Application by Arthur Trescher's Fish & Chips Restaurant for Dining Room Liquor Licence. Recommendation - For the information of Council, ..,,.9 9 4) Ontario Municipal Fire Prevention Officer's Association - Re: Appointment of Mr. J. Simon as Vice-President of the Association. Recommendation - That Mr. Simon be congratulated on his appointment. 5) Chippawa Lions Club - Re: Special Event Permit. Recommendation - That the request be granted in accordance with the established policy. 6) Chief Donald Harris, Niagara Regional Police - Re: Vandalism in Firemen's Park. Recommendation - For the information of Council. 7) Canada Employment Centre for Students - Re: Hire A Student Week, May 25-31, 1980. Recommendation - That the request be approved subject to the established policy. 8) Government of Quebec - Re: Quebec Referendum. Recommendation - For the information of Council. 9) Regional Municipality of Niagara - Re: Minor Improvements to Various Road Intersections in the City of Niagara Falls. Recommendation - For the information of Council. 10) Regional Municipality of Niagara - Re: Parking Prohibitions on Stanley Avenue. Recommendation - For the information of Council. ll) Greater Niagara Senior Citizens Association - Re: Senior Citizen Week Worship Service. Recommendation - That the invitation be accepted with thanks, and as many members of Council as possible attend the Service. 12) Ministry of the Environment - Re: SCA Discharge to the Niagara River. Recommendation - For the information of Council. Alderman Graaskamp referred to the public hearing scheduled for June 3rd, 1980, on the Arthur Treacher's Liquor Licence application, and suggested that the City should be represented at the hearing. ORDERED on the motion of Alderman Grasskemp, seconded by Alderman Sobel, that a representative of the City be present at the Hearing. The motion Carried · with the following vote: AYE: Aldermen C,,.~,ings, Dtlts, Fera, Graaskamp, err, Schisler and Sobel. NAYE: Aldermen ChesSman, Hinsperger, Herrart and Puttick. It was then moved by Alderman Merrett, seconded by Alderman Orr,, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 37A - eRR - HINSPERGER - RESOLVED that Council approve the Site Plan being Drawing No. 1 and the Parking Layout and Site Drainage Plan being Drawing No. 2 prepared by David C. Stevens and Associates, filed with the Building and Development Department of the City of Niagara Falls on May 16, 1980, subject to the condition that the owner be required to provide to the satisfaction of and at no expense to the Corporation of the City of Niagara Falls the following facilities and works shown on the said Plans: 1) One access ramp to provide ingress and egress between the property and Stanley Avenue realignment and one ingress and egress ramp to the service road which shall be in the locations and widths shown on the parking layout plans. 2) 166 off-street vehicular parking spaces and the access driveways, all having the dimensions and being in the locations shown on the parking layout plan and which shall be surfaced with hot-mix asphalt or approved equivalent together with all of the curbings shown on the parking layout plan. 3) Concrete sidewalks of the dimensions and in the locations shown on the parking layout plan. 4) Floodlighting which shall be installed and maintained so that the light is deflected away from adjacent residential areas or ~uildinge and away from -traffic on adjoining roadways. 5) The shrubs and other landscaping of the types and in the locations designated On the landscaping plan, filed with the Building & Development Department of the City on May 20, 1980. 6) The garbage storage vault to be constructed on a concrete pad and having the dimensions and being in the location shown on the parking layout plan. 7) Such grading or alterations in elevation as shall be necessary to provide the elevations shown on the said site drainage plan together with all of the facilities and works for the dipsosal of storm, surface and waste water shown on the said site drainage plan; AND that the owner be required to maintain to the satisfaction of the municipality and at the sole risk and expense of the owner all of the facilities or works mentioned in paragraphs 1, 2, 3, 4, 5, 6, and 7 above, including the removal of snow from access ramps and driveways, parking and loading areas and walkways; AND FURTHER that in accordance with By-law No. 79-41, the owner be required to enter into an agreement with the City to make available a new municipal watermain and a storm sewerage system to service the land and the proposed hotel building; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ..... 10 - 10 - T No. 37B - MERRETT - FERA - RESOLVED that this Council approves the Site Plan being Drawing No. 1 and the Site Services Plan being Drawing No. ME-1 prepared by Mike Janoschak, filed with the Building and Development Department of the City of Niagara Falls on May 15, 1980, but this approval is subject to the condition that the owner be required to provide to the satisfaction of and at no expense to the Corporation of the City of Niagara Falls the following facilities and works shown on the said Site Plan: 1) One access ramp to provide ingress and egress between the property and Swayze Drive which shall be in the location and of the width shown on the site plan together with the curbings shown on the site plan; 2) 13 off-street vehicular parking spaces and the access driveways, all having the dimensions and being in the locations shown on the site plan and which shall be surfaced with hot-mix asphalt or approved equivalent together with all of the curbings shown on the site plan; 3) Concrete sidewalks of the dimensions and in the locations shown on the site plan; 4) Floodlighting which shall be installed and maintained so that the light is deflected away from adjacent residential areas or buildings and away from traffic on adjoining roadways; 5) The fence, shrubs and other landscaping of the types and in the locations designated on the site plan; 6) The enclosure for the storage of garbage and other waste material having the dimensions and being in the location shown on the site plan to be constructed; 7) Such grading or alterations in elevation as shall be necessary to provide the elevations shown on the said services plan together with all of the facilities and works for the disposal of storm, surface and waste water shown on the said site services plan; AND that the owner be required to maintain to the satisfaction of the Municipal and at the sole risk and expense of the owner, all of the facilities or works mentioned in paragraphs 1, 2, 3, 4, 5, 6 and 7 above, including the removal of snow from access ramps and driveways, parking and loading areas and walkways; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 38 - FERA - GRAASKAMP - RESOLVED that the unit prices submitted by Provinci. Construction (Niagara) Limited for the construction of sewer/Ba~ns,jwatermains base roads in the Falls Industrial Park Extension Phase II, be accepted at the tendered price of $129,121.75; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 39 - CHEESMAN - NINSPERGER - RESOLVED that the unit prices submitted by Northland Bitulithic Limited for the sidewalk repair contract, be accepted at the tendered price of $51,409.30; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 40 - CHEESMAN - HINSPERGER - RESOLVED that the unit prices submitted by Northland Bitulithic Ltd. for the asphalt overlay program, be accepted-at the tendered price of $37,166.12; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 41 - CHEESMAN - FERA - RESOLVED ~HAT WHEREAS the Nonourable Claude F. BenneI Minister of Housing for the Province of Ontario has informed the City that it has been allocated $2,250,000 by the Federal Government and the Province of Ont~ for funding under the Conmuntty Services Contribution Program for.1980 which sum represents 75% of the anticipated project cost; AND WHEREAS the City must provide the remaining 25% of the project cost; AND WHEREAS the City has been requested by the Minister to pass a re~olution accepting the said allocation; NOW THEREFORE BE IT RESOLVED that .the Council of the Corporation of the City of Niagara Falls: 1) Accepts the allocation of $2,250,000 by the Federal Government and the Province of Ontario for funding under the Community Services Contribution Program for 1980, and 2) Recommends that the 1981-82 Council of the Corporation of the City of Niagara Falls provide sufficient funds for the CorPorationts share of the cost of the project; =AND the Seal of the Corporation be hereto affixed. ' Carried Unanimousll - 11 - No. 42 - MER~ETT - CUMMINGS - RESOLVED THAT WHEREAS the Federal Department of Regional Economic Expansion provides grants and loans to corporations wishing to build new plants or expand existing facilities; AND WHEREAS these grants and loans are only provided in locations which are considered to be in areas of regional disparity in certain provinces; AND WHEREAS these areas may not have been reviewed by the Federal Government since the more serious economic conditions have occurred during the past year in parts of Canada; AND WHEREAS certain major sectors of our Canadian industrial community have been seriously affected by the international economic changes such as the automobile industry; AND WHEREAS unemployment figures in certain regions of Canada have increased considerably in the past year for various reasons; THEREFORE BE IT RESOLVED that the City of Niagara Falls ask the Federal Government to review its D.R.E.E. regulations to consider applications from high unemployment areas such as the Niagara Peninsula and other locations throughout Canada which may be experiencing similar problems; AND THAT copies of this resolution be forwarded to the Prime Minister of Canada, the Premier of Ontario, the Ministers of Industry and Tourjam for Canada and Ontario, Mr. A.A. MacBain, Federal Member of Parliament, Mr. V. Kerrio, Provincial Member of the Legislative Assembly; and to all municipalities in the Niagara Region for their endorsement; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman leave be granted to introduce the first time: Ntnsperger, seconded by Alderman Dilts, that following by-laws, and the by-laws be read a No. 80-92 - A By-law to authorize the execution of an agreement with Paul Thiel Associates Limited for engineering services. No. 80-93 - A By-law to authorize the execution of a.deed to Niagara Falls Hydro Electric Commission. No. 80-94 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of under- ground services in the Falls Industrial Park Extension Phase II. No. 80-95 - A By-law to authorize the execution of an agreement with Northland Bitulithic Limited for sidewalk repairs. No. 80-96 - A By-law to authorize the execution of an agreement with NOrthland BitulithicLimited for the application of hot mix asphalt overlays on certain streets and on a tennis court in the City of Niagara Falls. No. 80-97 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the following by-laws be now read a second and third time: No. 80-92 - A By-law to authorize the execution of an agreement with Paul Thiel Associates Limited for engineering services. No. 80-93 - A By-law to authorize the execution of a deed to Niagara Falls Hydro Electric Commission. No. 80-94 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of under- ground services in the Falls Industrial Park Extension Phase II. No. 80-95 - A By-law to authorize the execution of an agreement with Northland Bitulithic Limited for sidewalk repairs. No. 80-96 - A By-law to authorize the execution of an agreement with Northland Bitulithic Limited for the application of hot mix asphalt overlays on certain streets and on a tennis court in the City of Niagara Falls. No. 80-97 - A By-law to provide monies for general purposes. Carried Unanimousl~ ..... 12 - 12 - PLAQUE FOR JUDY LAMARSR Mayor Thomson informed Council that the municipality would like to provid, a plaque for a meeting room at the Niagara Falls Public Library at a cost of $1500 honouring our former Member of Parliament, Judy LaMarsh. It was moved by Alderman Cummings, seconded by Aldermen Fera, that a plaque be purchased at the suggested price and placed in a suitable location at the Niagara Falls Public Library. Carried Unanimously. KER PARK Alderman Fera referred to the condition of the grounds at Ker Park and asked if the treatment of the field could be completed earlier in order that the various socces clubs could use the Park. Re felt that the conditions at other parks also were not ideal. Alderman Cummings stated that the Recreation Commission had asked all the clubs using the facilities to remain off the playing fields until after May 1st. It was moved by Alderman Fera, seconded b~ Alderman Hinsperger, that the Recreation Commission forward a report to Counci! on the conditions of the playing fields. Carried Unanimously. INTERNATIONAL CLERKS' CONFERENCE The City Manager informed Council that the City Clerk had been asked to represent the Association of Municipal Clerk and Treasurers of Ontario at the International Clerks' Conference. It was moved by Alderman Sobol, seconded by Alderman Dilts, that the meeting adjourn to Committee of the Wh le. Carried Unanimously. READ AND ADOPTED, J~-'~OL~INSON, CITY CLERK~ NAYOR WAYNE THOMSON Committee Room #1 May 20, 1980 Council met on Tuesday, May 20, 1980 in Committee of the Whole, following a regular meeting of Council. All members of Council were present with the exception of Alderman Puttick. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ,&aaAA RF, AD AND ADOPTED, -~.,.~- Council Chambers May 20, 1980 Council reconvened in formal session on Tuesday, May 20, 1980, following a meeting in Committee of the Whole. All members of Council were present with the exception of Alderman Puttick. HIs Worship, Mayor Thomson presided as Chairman. The meeting adjourned. J.L. COLLIN8ON, CITY CLERK MAYOR WAYNE TNONSON TWENTY-FIRST MEETING Council Chambers May 26, 1980 SPECIAL MEETING Council met in formal session on Monday, May 26, 1980, following a meeting of the General Committee. All members of Council were present with the exception of Alderman Merrett. His Worship, Mayor Thomson presided as Chairman. ONTARIO ARENAS ASSOCIATION CONFERENCE Report No. 288 - Mayor Thomson - The report recommends that Alderman Puttick be authorized to attend the subject conference to be held in Brantford on June 20 - 22, 1980. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. NIAGARA FALLS FASTBALL ASSOCIATION SPECIAL OCCASION PERMIT Communication No. 89 - Niagara Falls Fastball Association - The communication requests approval of Council to serve beer at Ker Park during the Association tournament from July 1 - 7, 1980. ORDERED on the motion of Alderman Orr, seconded by Alderman Sobol, that the request be granted subject to similar approvals being obtained from the Niagara Regional Police, Niagara Falls Fire Department, Niagara Regional Health Unit and the L.L.B.O. Carried Unanimously. 1979 ANNUAL REPORT OF THE MUNICIPAL WORKS DEPARTMENT Report No. 289 - Director of Municipal Works - The report provides information on the activities of the Municipal Works Section during the year 1979. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. ANNUAL REPORT OF THE PLANNING DEPARTMENT Report No. 290 - Planning Director - The report provides information on the activities of the Planning Department during the year 1979. ORDERED on the motion of Alderman Cheesman, seconded by Alderman C-mmings, that the report be received and filed. Carried Unanimously. SEVERANCE APPLICATION B-168(80) FOR CUPOLO PARK LTD. ON KALAR ROAD Report No. 272 - City Manager - The report, which was tabled from the previous meeting, recommends that the decision of the Land Division Committee of the Regional Municipality of Niagara on severance application B-168(80) for Cupolo Park Limited be appealed to the Ontario Municipal Board. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and filed, subject to an undertaking from the applicant that the necessary road widening will be conveyed to the Municipality, and that the applicant will be permitted to use these lands until such time as they are required by the Municipality. Carried Unanimously. NATIONAL UTILITY SERVICE (CANADA) LTD. TELECOMMUNICATIONS STUDY Communication No. 90 - National Utility Service (Canada) Ltd. - The communication advises that the contract period for the Telecommunications services cost control program is twenty-four months and the period of participation is sixty months. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the explanation provided in the communication be accepted for the Telecomunications cost control service at a fee of $2,400 (duration of contract twenty-four months, participation period sixty months), subject to Ontario Municipal Board approval and preparation of the necessary legal documents. Carried Unanimously. -2- LOCAL INPROVENENTS Report No. 291 - City Manager - The report recommends passage of a by-law to set the rates to provide 'for the payments of the owners' portion of certain local improvements. ORDERED on the motion of Aldernmn Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 80-4 1980 OPERATING BUDGET Report No. 292 - City Manager - The report recommends passage of by-laws to provide for the appropriations for 1980, to fix the rates of taxation and provi~ for the levying of taxes, and to provide for the collection of taxes for the year 1980. ORDERED on the motion of Alderman Cheesumn, seconded by Aldermmn Cummings, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others voting in fayour. See By-laws 80-89, 80-90 and 80-91 BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Aldernmn Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-89 - A By-law to provide for the appropriations for the year 1980. No. 80-90 - A By-law to fix the rates of taxation for 1980 and to provide for the levying of rates. No. 80-91 - A By-law to provide for the collection of taxes for the year 1980. No. 80-98 - A By-law to impose special rates to provide for the payment of the owners' portion of the cost of certain local improvements. Carried with Alder~ Schisler voting con on By-law 80-90. ORDERED on the motion of Alderman Fete, Seconded by Alderman Graaskamp, that the following by-laws be now read a second and third time: No. 80-89 - A By-law to provide for the appropriations for the year 1980. No. 80-90 - A By-law to fix the rates of taxation for 1980 ~nd to provide for the levying of rates. 'No. 80-91 - A By-law to provide for the collection of taxes for the 'year 1980. No. 80-98 - A By-law to impose special rates to provide for the payment of ~he owners' portion of the cost of certain local improvements. Carried with Alderm Schisler voting con on By-law 80-90. NEW BUSINESS M~NICIPAL TOUR The Director of Municipal Works advised that the Council tour'arranged for June 9th at 5:00 p.m. will commence at the City Hall instead of the Muuicip Service Centre as originally arranged. It was further advised that since the meetin8 could be a little late starting because of the tour, it had been advertised in the local newspaper that the discussion on flood line mapping would not commence until 8:00 p,m. WEEDS ON CITY PROPERTY Alderman Cummings commented that the City is presently into the season where the Weed Inspector is sending notices to property o~ners that weeds must be cut. The Alderman felt the City should cut the weeds on its property, and indicated that such areas as Glengate Park and the N.8. & T. Right-of-Way. - 3- Alderman .Sobol and Alderman Dilts mentioned other locations where weeds were badly in need of cutting, Clark Street and property at the corner of Drummond Road and Dunn Street. The Director of Municipal Works commented that dandelines which are quite bad at this time of year, are not included as a noxious weed under the Weed Control Act, however he indicated that he would check into these specific areas as far as maintenance was concerned. MOWING OF GRASS ON CUL-DE-SAC ISLANDS Alderman Fera asked if the City was still responsible for cutting the grass on the islands in cul-de-sacs. The Director of Municipal Works indicated that he would check into the matter. Mayor Thomson commented that sometimes the grass grows quite long before it is cut, and complaints have been received that the cuttings are not raked up. INTERSECTION OF KITCHENER STREET AND MACDONALD AVENUE Alderman Puttick indicated that another accident had occurred at the intersection of Kitchener Street and MacDonald Avenue. The City }~nager advised that flashing lights are on order for this intersection. JOINT MEETING OF COUNCIL AND PLANNING & DEVELOPMENT COMMITTEE The Planning Director reminded members of Council of the Joint meeting to be held between Council and the Planning & Development Committee on Wednesday May 28, 1980, to discuss the draft Planning Act. STREET LIGHTS - INTERSECTION OF LYONS CREEK ROAD AND STANLEY AVENUE Mayor Thomson advised that he had received a complaint that the intersection of Lyons Creek Road and Stanley Avenue was quite dangerous, and lights should be installed. The City Manager indicated he would check into the matter. TAX ARREARS Mayor Thomson advised that he had received a number of calls from persons who have received letters from the City regarding tax arrears. In several 'instances, the persons had paid their taxes however there was a small amount of interest owing. The letters received threatened legal action if complete payment was not made. The City Treasurer indicated that prior to sending out the letters, the accounts were checked quite thoroughly to avoid the situation mentioned by the Mayor. The City Manager suggested that the payments and the letters might have crossed in the mails. It was suggested that the particular incidents be investigated and that the Finance Committee review the entire matter in general. It was moved by Alderman Cheesman, seconded by Alderman Graaskamp, that the meeting adjourn to Special Session. Carried Unanimously. MAYOR WAYNE THOMSON ee TWENTY-SECOND MEETING Council Chambers May 26, 1980 SPECIAL MEETING Council met in special session on Monday, May 26, 1980, following a meeting of the General Committee, for the purpose of filling an Aldermanic vacancy. All members of Council were present with the exception of Alderman Merrett. His Worship, Mayor Thomson presided as Chairman. ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that Mr. David Mackenzie be appointed to fill the Aldermanic vacancy created by the resignation of former Alderman H. Wallman. Carried Unanimously. His Worship, Mayor Thomson indicated that Mr. Mackenzie would be officially sworn in at the next Regular Council meeting. On behalf of the Council, ~yor Thomson welcomed Mr. ~ckenzie as a member. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ~LINSON, CITY CLE~' MAYOR WAYNE THOMSON TWENTY-THIRD MEETING Committee Room #1 June 2, 1980 COMMITTEE OF ~HE WHOLE Council met on Monday, June 2, 1980 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Orr and Sobol. Alderman Fera presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, REGUL~I~ ~.~.. ~ ' MAYOR WAYNE THOMSON Council Chambers June 2, 1980 Council met on Monday, June 2, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, MAyor Thomson presided as Chairman. Alderman Cummings offered the Opening Prayer. DECLARATION OF OFFICE - ALDERMAN DAVID MACKENZIE Alderman David Mackenzie was sworn in as a member of the municipal Council. The City Clerk, J.L. Collinson, conducted the Declaration of Elected Office and the Oath of Allegiance. WELCOME Mayor Thomson extended a welcome to Gerry Sunstrum, a young Boy Scout who was in attendance at the meeting, in order to qualify for a Citizenship Badge. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the minutes of the meetings held on May 12th and 26th, 1980, be adopted as printed. Carried Unanimously. ~ UNFINISHED'BUSINESS RESPONSE TO THE DRAFT PLANNING ACT Report No. 293 - City Clerk - The report recommends that the response to the ~proposed new Draft Planning Act, as prepared by the Planning Director, be endorsed by Council and forwarded to the Ministry of Housing. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. LITTER COMPLAINTS - BLOSSOM FESTIVAL PARADE Report No. 294 - City Manager - The report recommends that on the weekend on which the Blossom Festival Parade is held~ the following steps be taken to improve litter control: (a) A City employee be placed in the area to pick up litter on the Sunday following the Parade, and (b) The Shift Foreman on the 12 Midnight to 8 a.m. shift conduct an inspection of the area on Sunday morning following the parade and call out the necessary equipment and personnel to pick up litter if deemed necessary. In response to a question raised by Alderman Herrerr, the Director of Municipal Works advised that street sweeping which is normally done in the -2- early morning hours, might be more difficult to perform on Sunday morning as opposed to Saturday morning due to heavier traffic conditions Saturday evenings. It was indicated that the suggestion could be investigated and discussed with area businesses. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. APPOINTMENT OF PROMOTION & FACILITIES CO-ORDINATOR Report No. 295 - Alderman P. Cummings - The report advises that the Committee formed to consider the subject appointment, has reviewed the Job Description prepared and has authorized the advertising of the position in the principal newspapers in the Peninsula. Applications will be received by the Personnel Department until June 23, 1980. Mayor Thomson indicated that the person hired for this position would be needed sooner than originally anticipated, and suggested that the final date for receipt of applications be moved up one week earlier. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that advertising be carried out as indicated in the report, and that the final date for acceptance of applications be changed to June 16, 1980. Carried Unanimously. RALPH RACINg BENEFIT Report No. 296 - Mayor Thomson - The report recommends that Council authorize the proclamation of June 22, 1980, as "Ralph Ratins Day" in conjunction with a benefit day to be held at Oakes Park. Mayor Thomson provided additional information on the matter. Alderman Orr indicated that he had tickets available for the event to distribute to members of Council following the meeting. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 91 - (a) Mrs. U. Edwards, (b) Mrs. B. Leonard, (c) Residents of Buckley Towers, (d) Mrs. G.H. Fettericy and (e) Lundy's Lane United Church - Re: Casin~ Gambling. The communications comment on casino gambling in the City. Mayor Thomson indicated that copies of the conmunications had been sent to the Social Planning Council. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the communications be received and filed. Carried UnanimoUsly. No. 92 - Regional Municipality of Niagara - Re: Municipal Liaison Committee Special Purpose Boards and Commissions. The communication requests congnents 0~ the Municipality on the report on Special Purpose Boards and Commissions, beinl a s,,mm. ry of recommendations prepared by the Association of Counties and Regi0~ of Ontario, the Association of Municipalities of Ontario and the Rural Ontario Municipalities Association, as endorsed by the Municipal Liaison Committee. During the discussion on this item, Regional Councillor Mitchelson provided additional information in response to a number of questions and comments raised by members of City Council. Following further discussion, by Alderman Dilts, that the matter of a report. Carried Unanimously. it was moved by Alderman Fera, seconded be referred to staff for the preparation Regional Councillor Mitchelson this matter, and presented detailed City. offered to work with the City'Clerk on background information for the use of the No. 93 - Regional Municipality of Niagara - Re: Parking Restriction on Sodom Road. The communication advises that the Regional Public Works & Utilities Committee has adopted the recommendation that parking be restricted at all time on both sides of Sodom Road from Weinbrenner Road to a point 100 metres southerly. 'ORDERED on the motion of Alderman Chessman, seconded by Alderman Ninsperger, that the communication be received and filed. Carried Unanimously. No.,94 - Greater Niagara Softball Association - Rez Niagara Invitational Fastbl -3- Tournament. The communication requests approval to establish a beer concession during the annual tournament at Ker Park. ORDERED On the motion of Alderman Merrett, seconded by Alderman Sobol, that the request be granted in accordance with the established policy. Carried Unanimously. No. 95 - Greater Niagara Safety Council - Re: Leg Hold Animal Traps. The communication advises that the Safety Council supports legislation to ban leg hold animal traps in the City. ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the communication be received and filed. Carried Unanimously. No. 96 - Town of Fort Erie - Re: Regional Niagara Economic Development Study. The communication requests endorsation of a resolution indicating that Fort Erie does not accept the principle of Regional Economic Development and urging the Region not to develop a structure to deal with economic development. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the resolution be endorsed. Carried Unanimously. No. 97 - Whirlpool Whoopee 1980 - Re: Annual Convention. The communication advises that the Niagara Falls Chamber of Commerce and many local businesses and industries have been most co-operative and helpful in extending a warm welcome and assistance in the preparations for the convention. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman, that the communication be received and filed. Carried Unanimously. No. 98 - Association of Municipalities of Ontario - Re: Electric of Hydro- Electric Commissioners.. The communication urges Conncil to pass a by-law by July 1, 1980, providing for the appointment by council of the members of the hydro-electric commission. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Sobol, that the communication be received and filed and that the President of the A.M.O. be provided with an explanation of the City's stand on this particular matter. Carried Unanimously. No. 99 - Downtown Board of Management - Re: Litter Baskets. The communication requests that Council place more litter baskets on Queen Street. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the communication be referred to the Finance Conmittee. Carried Unanimously. No. 100 - Liquor Licenee Board of Ontario - Re: Policy on Issuing of Liquor Licences. The communication provides information regarding the policy of issuing liquor licerites presently being followed by the Liquor Licenee Board of Ontario. Alderman Graaskamp advised that there were persons in attendance at the meeting who wished to speak on this matter. A representative of Kitchener Street United Church indicated that the Church does not feel fast food outlets serving alcoholic beverages are needed on Lundy's Lane. Mayor Thomson suggested that possibly other municipalities in the area 'could be contacted to determine how they are controlling this situation, such as through the use of seating capacities. Alderman Graaskemp asked if the City was going to take steps to ask the Board to withhold issuance of a licenee for thirty days until a policy could be developed on the matter. The Alderman felt that the Council had lost some of 'the concern earlier felt when it had questioned the Board on the granting of a liquor licerice to a .fast food outlet. Following further comment, it was movedby Alderman Sobol, seconded by Alderman Merrett, that the City Clerk contact other municipalities to determine their method of handling liquor license applications, and that the information be reported back to City Council so that a consistent policy can be developed. Carried Unanimously. No. 101 - Niagara Frontier Humane Society - Re: "Adopt A Cat" Month. The communication requests that Council proclaim the month of June as "Adopt A Cat Month" in Niagara Falls. In response to a question raised by Alderman Chessman, AIderman Dilts indicated that as far as he knew, there was no rule requiring that cats must be spayed or neutered before they ars sold or released by the Humane Society. Alderman Dilts indicated that he was receiving many calls from residents complaining about the number of cats running at large. The Alderman felt -4- that such an adoption program could compound this situation seriously, and suggested the matter be deferred temporarily so that he could obtain further information. Alderman Cummings noted that the program was being sponsored by a well known cat food company. The Alderman also commented on the nuisance and damage caused by cats allowed to run loose in the City. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Hinsperger, that the request be denied. Carried Unanimously. REPORTS No. 297 - Planning & Development Committee - Re: Official Plan Amendment No. AM-8/80 Ten Partners, South Side of McLeod Road, Lots 5 - 10 Inclusive. The ram recommends approval of the Official Plan Amendment to permit a change in the Official Plan from residential to tourist commercial for the subject property. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 80-9 NOTE: Alderman Graaskamp was absent when the vote was taken on this matter. Regency Mot / , S f a corner of Kalar and Montrose Roads. The report recommends that Council confirm the City's intention to initiate appropriate modifications to By-law 79-200 and Official Plan Amendment No. 71 in order to recognize the proposed recreatio~ uses which are subject to N.E.C. Development Permit applications N/L/80/69 and N/I/80/75 and that the Niagara Escarpment Commission be informed that the Municipality will initiate said modifications to facilitate the issuance of building permits. The Senior Planner and the Building & Development Co-ordinator provided additional information in response to questions raised. ORDERED on the motion of Alderman Fera, seconded by Alderman.£heesman, that the report be received and adopted. Carried Unanimously. No. 271 - City Manager - Re: Site Plan Approval for Proposed Additlon to the Imax Theatre, 5400 Robinson Street. The report recommends approval of the sits plan as submitted. The Director of Municipal Works provided additional information respecting the proposed site plan. Several members of Council expressed concern that work had already started on the site without formal Counci~ approval of the site plan. Alderman Crasskemp expressed the concern that such areas often include small ferris wheels which detracted from the appearance of the play area. The City Manager advised that the play area will contain swings, climbing apparatus, etc., however there will be no mechanical equipment. In response to several questions raised, the City Manager advised that the plan which had been originally submitted to Council on May 20th, had been withd~ at that time due to a question on parking. The question was of a minor nature, and was subsequently clarified. The site plan was then initially approved by City staff. The Building & Development Co-ordinator further advised that the work done to date by the owner consisted of posts placed in asphalt, and did not require a building permit. Mayor Thomson commented further on the necessity at times in allowing projects with deadlines to proceed, particularly when it appears mknor difficult ~ill be straightened out ~ery shortly. ~hotographs of the type of play area to be developed were distributed amon! members of Council. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Sobol, that the report be received and adopted. The motion Carried with Alderman 6raaskamp voting contrary, and all others voting in fayour. No. 299 - City Manager - Re: Falls Industrial Park Extension. The report recoeweends that Coun~ii authorize the sale of Lot 2, Plan M-67 to Frank Zaniol -5 - In Trust, at the purchase price of $24,800 subject to the purchaser commencing construction of a building within two years, and further that a 5% real estate commission of $1,240 be paid to Mr. Charles Wood, Associate Broker of Leo LaPlante Real Estate Ltd. as his commission on the sale of the property. Alderman Schisler indicated that he was opposed to paying real estate commissions on the sale of municipally owned industrial lands. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary on the second recommendation, and all others voting in favour. No. 300 - City Manager - Re: Lots 18 & 19, Falls Industrial Park Extension. The report recommends that Council authorize the sale of Lot 18, Plan M-67 to D.R. Paterson, proprietor of Gy-Roll Limited, at a purchase price of $21,405.50 subject to the purchaser entering into the usual Agreement of Purchase and Sale with the City; and that Council approve a Request for Reserve on Lot 19 from Mr. Paterson until August 1, 1981. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 301 - City Manager - Re: Balmoral Court Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the City concurs with a one year extension of draft plan approval to January 26, 1981 in respect to the proposed Balmoral Court Subdivision. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 302 - City Manager - Re: Bright's Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the City concurs with a one year extension of draft plan approval to September 23, 1981, with respect to the proposed Bright's Subdivision. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 303 - City Manager - Re: Rodent Control in the City of Niagara Falls, 1980-81. The report recommends that the quotation submitted by Niagara Pest Control Limited for rodent control for one year from July 1, 1980 be accepted and an agreement to this effect be excecuted. The report further recommends that exterminations on private properties for the sum of $15.00 per extermination be absorbed by the C~ty for the duration of the contract. Alderman Merrett related a complaint he had received from a resident who had gotten little or no response to a serious rat problem. Mayor Thomson explained the procedure normally followed in handling such complaints, and advised that there have been problems recently with the firm handling the current rodent control contract with the City. The Mayor also advised that the current labour problems at the Health Unit have also caused delays in handling such complaints. It was hoped that once the new firm took over, the situation would improve considerably. In response to a question raised by Alderman Cummings, the Maintenance and Operations Engineer indicated that one of the local firms listed in the price summary had picked up tender forms for interest sake, and he was not aware why the other firm had not bid. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that ~ the report be received and adopted.~ Carried Unanimously. See By-law No. 80-101 No. 304 - City Manager - Re: Contract R.C. 9~80, Road Reconstruction and Storm Sewer Construction on Pettit Avenue and Locus Avenue. The report recommends acceptance of the unit prices submitted by L & N Construction for the subject contract. ORDERED on the motion of Alderman Merrett, seconded by Alderman H~nsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 43 'See By-law No. 80-102 'No. 305 - City Manager - Re~ Contract R.C. 13-80, Finished Road Construction in Parkway Gardens Subdivision and Base Asphalt in Mount Forest Mark III Subdivision. The report recommends acceptance of the unit prices submitted by Steed & Evans Ltd. for the subject contract. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 44 See By-law No. 80-10__3 .-a ! ~ i .! ' .I I ; -,.: . -6- No. 306 - City Manager - Re: Niagara South Recreation Centre - Shower Room Addition and Storage Addition. The report recommends that the services of Donald N. Chapman Associates be acquired for the preparation of plans for the addition to the Niagara South Recreation Centre; and that quotations be called for construction of the proposed addition. In response to a question raised by Alderman Merrett, Alderman Dilts confirmed that the lay-out and design of the proposed addition have been discussed with the Niagara South people. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 307 - City Manager - Re: Municipal Accounts. The report recommends paymem of the municipal accounts. The City Treasurer provided additional information regarding Cheques #570! and #5704 in response to a question raised by Alderman Merrett. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 308 - Loan Review Co~nittee - Re: Applications for Assistance. The report recommends approval of four applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 309 - City Manager - Re: Renewal Conference. The report recon~nends that one person from the Building & Development Department be allowed to attend the forum on Community Renewal Strategies for the 1980's which is to be held at the Royal York Hotel in Toronto June 9 - 13. ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 43 - MEREETT - NINSPERGER - RESOLVED that the unit prices-submitted by L & N Construction and Excavating (Niagara) Limited for the reconstruction of roads and the construction of storm sewers on Pettit Avenue and Locus Avenue, be accepted at the tendered price of $208,098.75; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl,~ No. 44 - MERRETT - HINSPERGER - RESOLVED that the unit prices submitted by Steed & Evans Limited for the construction of roads and base asphalt in Parkway eardens Subdivision and Base Asphalt in Mount Forest Mark lII Subdivision, be accepted at the tendered price of $65,411.11; AND the Seal of the Corporation be hereto affixed. Carried Unanimously m BY-LAWS ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-99 - A By-law to provide for the adoption of an amendment to the Offid Plan of the Niagara Falls Planning Area. (No. 118, Ten Partners) No. 80-100 - A By-law to authorize the sale of land in the Falls Industrial Park Extension. No. 80-101 - A By-law to authorize the execution of an agreement With Niagara Pest Control Ltd. for rodent control services. No. 80-102 - A By-law to authorize the execution of an agreement with L & N Construction and Excavating Niagara Limited for the reconstruction of roads and the construction of storm sewers. No. 80-103 - A By-law to authorize the execution of an agreement with Steed end Evans Limited for the construction of roads and base asphalt. No. 80-104 - A By-law to authorize the sale of land to Maris Cardemons. No. 80-105 - A By-law to authorize the sale of land to Cornelius Flnnegan. -7 - No. 80-106 - A By-law to authorize the sale of land to Pasquale P. Perrotta. No. 80-107 - A By-law to authorize the execution of a lease with the Minister of Transportation and Communications. (Victoria Avenue Parkette) No. 80-108 - A By-law to amend By-law No. 3790 being a by-law for the regulation of traffic. (Ontario Avenue) No. 80-109 - A By-law to provide monies for general purposes. ORDERED on the motion of the following by-laws be Carried Unanimously Alderman Fera, seconded by Alderman Hinsperger, that now read a second and third time: No. 80-99 - A By-law to Plan of the No. 80-100 - A By-law to Extension. provide for the adoption of an amendment to the Official Niagara Falls Planning Area. (No. 118, Ten Partners) authorize the sale of land in the Falls Industrial Park No. 80-101 - A By-law to authorize the execution of an agreement with Niagara Pest Control Ltd. for rodent control services. No. 80-102 - A By-law to authorize the execution of an agreement with L & N Construction and Excavating Niagara Limited for the reconstruction of roads and the construction of storm sewers. No. 80-103 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of roads and base asphalt. No. 80-104 - A By-law to authorize the sale of land to Maris Cardamone. No. 80-105 - A By-law to authorize the sale of land to Cornelius Finnegan. No. 80-106 - A By-law to authorize the sale of land to Pasquale P. Perrotta. No. 80-107 - A By-law to authorize the execution of a lease with the Minister of Transportation and Communications. (Victoria Avenue Parkerie) No. 80-108 - A By-law to amend By-law No. 3790 being a by-law for the regulation of traffic. (Ontario Avenue) No. 80-109 - A By-law to provide monies for general purposes. Carried UnanimouSly NEW BUSINESS WEEDS Alderman Cummings stated that he had recently driven by F.H. Leslie Park and had been disturbed to see the length of we~ds in the park. The Alderman felt that if the City was going to provide sports and recreational facilities, they should be maintained on a more acceptable level, even if additional staff and equipment were required. In response to a question raised by Alderman Sobs1, Mayor Thomson indicated that there had been no severe cut-backs in the parks and cemeteries section of ~'the operating budget. The Director of Municipal Works advised that the Parks 'and Cemeteries Superintendent was preparing a report which would also include a question raised previously on the cutting of boulevards. Alderman Dtlts stated that weeds on vacant lots are also a problem in the City and felt that the City should have been taking steps by now to have the lots cleared and the owners charged. The Alderman also suggested that summer students could be used to cut weeds, Alderman Schisler pointed out that in some cases, while weeds were unattractive, they were not always considered to be noxious weeds and the City had no authority to order owners to have the weeds cut. Alderman Dtlts suggested that consideration be given to expanding 'the types of weeds covered in this legislation. MINI-BIKES Alderman Dtlts advised that the use of mini-bikes in residential areas was continuing to be a problem in the City. In some instances, parents -8- were concerned that their young children could be injured by these vehicles. Alderman Cummings indicated that this matter had Just been discussed by the Recreation Commission a week earlier. Mayor Thomson requested the City Manage~ to provide an update on the study being undertaken by the Recreation Commissior. on the feasibility of providing an area especially for the use of mini-bikes. SUMMER STUDENTS Alderman Dilts requested a report on the number of summer students hired by the City and the areas in which they were employed. The Alderman felt that students could be used to assist in some of the City's problem areas. HERITAGE SPECIALIST Alderman Sobol advised that the Lundy's Lane Museum had an opportunity to obtain the services of a Heritage Specialist, and required permission from the City to use funds to pay for this service. If the City approved the use of funds for this purpose, the Museum would be eligible to apply for a grant from Wintario to assist in paying the cost of the services of a Heritage Specialist. The Alderman advised that the funds to be used had been allocated for the hiring of an assistant curator, and this position had not been filled as yet. It was moved by Alderman Sobol, seconded by Alderman Orr, that the City approve the use of operating funds to obtain the services of a Heritage Specialist for the Lundy's Lane Museum. Carried Unanimously. COMPLAINTS - BECKERS PLAZA ON WILLOUGHBY DRIVE Alderman Mackenzie advised of a problem recently brought to his attention regarding the loitering and unnecessary noise of youths at the Beckers Plaza on Willoughby Drive. The problem had become serious, and only several nights earlier a fire had been set and a City hydrant opened. Mayor Thomson felt that the problem would require the attention of the Regional Police. The City Clerk advised that the noise problem could possibly be dealt with under the City's noise control by-law. BUS STOP ON QUEEN STREET Alderman Grasskemp advised that he had spoken to a number of merchants on Queen Street who would like to have the bus stop on the north side of Queen Street Just west of St. Lawrence Avenue, relocated to the other side of St. Lawrence Avenue. In this way, the buses would be stopping in front of the blank brick wall of the Dominion Grocery Store rather than in front of the business windows of these merchants. It was moved by Alderman Crasskemp, seconded by Alderman Chessman, that the matter be referred to staff for the preparation of a report. Carried Unanimously. ; PUBLIC WASHROOM - CENTRE STREET AREA Alderman Graaskamp advised that a number of businesses in the Centre Stref area have inquired into the possibility of the City providing public washroom facilities in the area. The Building & Development Co-ordinator advised that this matter had been considered previously, however none of the merchants wants such a facility located near their businesses, and the idea had been discarded. MRS. L. LEPAGE, ST. CATHARINES STANDARD Mayor Thomson advised that a replacement had been found for Mrs. Lorraine LoPage of the St. Catharines Standard, who had recently been promoted to a higher position with that newspaper. The Mayor thanked Mrs. LePag@ for the gift of chocolates given to the Council. FINANCE COMMITTEE Alderman Cheesman reminded the members of the Finance Committee that there would be a meeting on Wednesday, June 4, 1980. It was moved by by Alderman Cheesman, that the meeting adjourn. Carried READ ADOPTED, mm TWENTY-FOURTH MEETING Council Chambers June 9, 1980 REGULAR MEETING Council met on Monday, June 9, 1980 at 7:40 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Grasskemp. His Worship, Mayor Thomson presided as Chairman. Alderman Dilts offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the minutes of the meetings held on May 20th and June 2nd, 1980, be adopted as printed. Carried Unanimously. PRESENTATION OF MUNICIPAL TRAINING COURSE CERTIFICATES Report No. 310 - City Manager - Re: Municipal Training Courses. The report recommends that certain staff members be presented with their certificates for the successful completion of M.T.C. courses. His Worship, Mayor Thomson presented the following certificates: Municipal Road Design - Mr. Bob Dartall and Mr. Danny Redice, Municipal Soils - Mr. Larry Delazzer and Mr. Nelson Walroth, and Municipal Concrete - Mr; Greg Dixon. Mr. Nelson Rare who was not in attendance at the meeting, will also receive a certificate for completion of the Municipal Concrete course. UNFINISHED BUSINESS MOTORCYCLE FACILITY Report No. 311 - Recreation Commission - The report recon~nends that the persons signing the petition requesting a motorcycle facility and all others interested be notified of the Stevensville Junior Speedway. Mayor Thomson advised that he did not feel the recommendation would satisfy the problem entirely. The facility in Stevensville is fairly remote to most people in the City, and the Mayor indicated that his intention in requesting the report was to have the Municipality investigate the possibility of locating available lands (either privately or municipally owned), that could be used for that type of facility. Alderman Merrett asked if the study of this matter had been directed more toward a supervised area as opposed to Just trying to find available land. The Director of Recreation stated that the Commission had started out looking at locations, but as more investigations were.done, the more it was found that problems were encountered with unsupervi~ed areas. The courses with hills and winding pat~s were very dangerous and difficult to supervise. This information had led the Commission to investigate the supervised circular track type of facility. The Director of Recreation further advised that since most mini-bike operators are in the seven to ten year age bracket, most parents would want their children using a supervised facility. Alderman Herrerr agreed that the provision of such a facility in Stevensville would not really solve the problem in Niagara Falls, and suggested that consideration be given to some local site, even the new City owned industrial lands on Garner-Road if necessary. Mayor Thomson requested that the Commission hold further discussions on the matter, in the hope that.some suggestions can be made on the provision of local facilities. It was moved by Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. HIRING OF SUI~fi4ER STUDENTS Report No. 312 - City Manager - The report provides information on the number of students hired by the City in the summer, and where-they are employed. 2 Alderman Fern suggested that since some of the students commence em- ployment in May, they could be used in landscaping and weed cutting in May. The City Manager advised that this will be considered for next year's season, In response to a question raised by Alderman Fern, the Personnel Officer advised that those students hired for the Parks, Planning, Building and Engineering departments, are post-secondary school students whose activities at school would benefit by working in these departments. As far as the pools are concerned, life guards and assistant guards must be trained, however the groundskeepers are basically labourers. In response to a further question raised, the Personnel Officer stated that the economic needs of the student are not considered when hiring. Alderman Sobol suggested that students be hired to work as floaters, to be used in problem areas. The City Manager indicated that this had been done in past years, however due to financial restraints during the past several years this practice had been cut out. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. SCHOOL CROSSING GUARDS Report No. 313 - CIty Manager - The report recommends that upon attaining 70 years of age, all school crossing guards must produce a medical certificate from their doctor certifying that they have undergone a complete medical examination and in the opinion of the doctor are medically capable of performing the duties of a school crossing guard. Further certificates will be required every six months, and any costs involved in obtaining the medical certificates will be the responsibility of the crossing guard. Alderman Cummings referred to the previous discussions on this matter when it had been requested that the comments of the School Boards be obtained, and asked if any input had been received. The Personnel (~f~tcer advised that the Boards have been contacted, however possibly due to the lateness--in' the school year no reply had been received. Alderman C,,mmings felt that there would be no harm in delaying a decision on the matter until a reply had been received from the School Boards. It was moved by Alde~man C,,mmtngs, seconded by Alderman Merrett, that the report be tabled pending input from the School Boards. Carried Unanimously. GRASS CUTTING OPERATIONS Report No. 314 - City Manager - The report provides information on grass cutting operations during the year, and recommends that additional monies be considered in the 1981 budget to allow better control of certain weeds (particularly dandelions) fn the City's parks and cemeteries. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that the report be referred to the Finance Committee. Carried Unani~ousl7. FLOODLINE MAPPING PROGRAM - NIAGARA PENINSULA CONSERVATION AUTHORITY On display in the Council Chambers, were maps showing those lands which have been designated as hazard lands in Zoning By-law 79-200 (shown in blue) as well as those lands for which floodline mapping has not been carried out (shown in green). The hazard lands established in By-law 79-200 basically conformwith the proposals of the Conservation Authority as far as floodline mapping is concerned. The Director of Municipal Works advised that the reason for advertising the City's intent to carry out floodline ~apping, was .to determine if local residents wished to provide any input into the proposed areas. Mayor Thomson asked if there were any persons in attendance who wished to comment on the proposed floodline mapping. Mr. L. Bowman, a property owner on Beechwood B~ad at Beaverdams Road, asked what the program would involve. The Director of Municipal Works advised that the purpose of floodline mapping was to establish the lands which would be susceptible to flooding and institut filling restriQ~ions to protect the floodlines of existing watercourses. Mr. C. Leuty of the Authority, explained that the floodlines cover the lands a river or watercourse might want to use from time to time and are based on the largest storm in southern Ontario. If filling operations are carried -3- out within the flood plain, this takes up the flood storage space. During a storm, the water would then have to rise higher elsewhere which could affect housing located near the flood plain. Mr. A. Goar of Group 2 Development Ltd., advised that his firm had two objections to By-law 79-200 involving lands north of Thorold Stone Road and Welland Securities lands north of Creek Road, which involve establishment of hazard lands. Mr. Goar further advised that his firm was working with Planning Department staff and the Authority in an effort to resolve these concerns. The Director of Municipal Works advised that the Authority requires the Cityts approval of the mapping carried out to date, and approval to proceed with mapping of the Welland River. In response to a question raised by Alderman Cheesman, Mr. Leuty advised that it was not necessary to obtain the approval of the local member of the Provincial Legislature, only to make him aware of the City's intentions. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Dilts, that Council approve the floodline mapping done to date in the City, and further that approval be granted to proceed with floodline mapping on the Welland River. The motion Carried with Alderman Mackenzie abstaining on a conflict of interest, and all others voting in favour. See Resolution No. 45 COMMUNICATIONS No. 102 - Royal Canadian Legion, Branch 51 - Re: Legion Week, September 14 - 21, 1980. The communication requests that the week of September 14 - 21, 1980, be proclaimed "Legion Week" in Niagara Falls. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the request be approved subject to the established policy. Carried Unanimousix. No. 103 - Regional Municipality of Niagara - Re: 1980 Reglonal Tax ~evy. The communication advises of the 1980 Regional tax to be levied against the City, less the interim levy paid. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 104 - Regional Municipality of Niagara - Re: Representation on the Niagara Regional Board of Commissioners of Police. The communication advises of a resolution passed by Regional Council requesting that the Regional Municipality of Niagara Act be amended to provide that the Board consist of four members of Regional Council appointed by Regional Council, and three persons appointed by the Lieutenant Governor in Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cumaings, that the communication be received and filed. Carried Unanimously. No. 105 - Downtown Board of Management - Re: Transient Traders Licences. The communication requests that Council petition She Provincial Government to amend the Municipal Act to provide that all retailbusinesses currently eligible for licencing by a municipality whose names are not entered on the assessment roll or are entered on it for the first time, pay a transient traderts litante fee before commencing to trade, and that the municipality be permitted to refund that part of a transient trader's litante fee that exceeds the business tax and _.the real property taxes on the land used in connection with it if the land is owned by the person carrying on the business, during the year the licence was issued and five years thereafter. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the request be approved. Carried Unanimously. See Resolution No. 46 No. 106 - Shaw Theatre Guild - Re: 2nd Annual Theatrical Garden Party. 1~e communication extends an invitation to the Council to attend the party sponsored by the Shaw Festival Theatre Guild, on July 5, 1980. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. REPORTS No. 314 - Recreation Commission - Re: Parking - Niagara Falls Arena Parking Lot. The report recommends that no parking be allowed at the Niagara Falls Arena parking lot at any time, other than users of the facility. -4- In response to a question raised by }hyor Thomson, the Director of Recreation advised that the Area Recreation Board had found that a number of buses and trucks were parking in one section of the lot where children play. This one section of the property had been closed off specifically for a ball area for children, and the restriction would apply only to that area. Mayor Thomson suggested that someone contact the persons parking in the area and suggest they park elsewhere, instead of restricting the entire lot. The Mayor pointed out that much of the time the lot is not being used and as long as vehicles parked away from the play area, there should be no problem. One vehicle in particular had been given permission to park in the Arena lot, and the Mayor asked if there was a problem. Alderman Cummings indicated that although there was an agreement with this individual.to park in a specific area, he was still parking elsewhere, and the problem had been compounded with tour buses parking on the lot now. Alderman Schisler confirmed that the individuals involved have been asked on more than one occasion to park in the proper area. Alderman Fern did not feel the vehicles parked in the lot were interferi~ with the children's playing area. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Schisler, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Cummings, Orr and Schieler. NAYE: Aldermen Cheesman,-Dilts, Fera, Hinsperger, Merrett, Puttick, Sobel and Mackenzie. It was then moved by Alderman Hinsperger, seconded by Alderman Cheesman, that the persons involved be contacted and requested to park in the appropriat! location in the parking lot. The motion Carried with the following vote: AYE: Aldermen Chessman, Dilts, Fern, Hinsperger, Merrett, Orr, Puttick, Sob~ and Mackenzie. NAYE: Aldermen Cummings and Schisler. No. 315 - City Manager - Re: Lawn Bowling. The report recommends that $10,00C be paid to the Niagara Falls Badminton, Tennis and Lawn Bowling Club as payme~ to lease their lawn bowling greens for a period of one year, and that the appropriate legal agreement be prepared outlining the responsibilities of each party. Alderman Cummings pointed out that Council had authorized staff to negotiate up to $10,000 for leasing of the facility. The Alderman stated that knowing the budget for the lawn bowling facility at:the Badminton Club last year, he could not vote in favour of the $10,000 figure. Alderman Chessman explained that the $10,000 figure did not represent the costs of the Badminton Club in providing the lawn bowling facility. The $10,000 would also include a certain amount of income over and above the operating costs which is standard in most leases. The lease would ensure the availability of lawn bowling facilities for residents in the City, and at the same time provide a source of revenue to the Club enabling it to tend to other matters involved in the entire operation. Alderman Marterr had hoped the lease would be for a lesser amount, howev~ he did not feel the City could turn the matter down now and risk losing the only lawn bowling green in the City. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman err, that the report be received and adopted. The motion Carried with the following AYE: Aldermen Chessman, Dilts, Fera, Hinsperger, Merrett, Orr, Puttick and Mackenzie. NAYE: Aldermen Cummings, Schisler and Sobel. No. 316 - City Manager - Re: Canadian Parks/Recreation Association Conference. The report recommends: 1) That the expenses for Alderman 8chisler to attend tl Canadian Parks/Recreation Association conference be taken from the Council conference account| and 2) That two members of the Recreation Commission and one staff member, as previously approved in the Commission budget, be approved to attend the conference to be held in Halifax from August 17 - 20~ Alderman Cemmings did not feel it was necessary to send four persons to the conference, particularly in vieWer the cost of 9700 per person. The -5 - Alderman felt that one staff member, one volunteer and one member of Council would be more than sufficient to cover the conference activities well. Mayor Thomson stated that the additional Commission member had been suggested, since there are several separate sessions being held, and it was felt the additional person could cover these additional sessions and bring back valuable information. The Director of Recreation confirmed that the additional person would be of advantage in attending the various workshops and picking up as much information as possible. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Dilts, Fera, Hinsperger, Merrett, err, Puttick and Mackenzie. NAYE: Aldermen Cummings and Sobel. NOTE: Alderman Schisler declared a conflict of interest, and abstained from voting on the matter. No. 317 - Planning & Development Committee - Re: Private Clubs and Recreational Uses Outside the Urban Area Boundaries. The report recommends that Planning Department staff comments, as reviewed by the Planning & Development Committee, be forwarded to the Regional Municipality of Niagara. Alderman Merrett provided additional information on this matter regarding the Committee's consideration of the report. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 318 - City Manager - Re: Granting Easement to Ontario Rydro along Portions of the Conrail Drainage Channel. The report reconmends that the easement requested by Ontario Hydro along the southerly limit of the Conrail Drainage Channel be granted, at a sum of $6,600 to be paid by Ontario Hydro. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, that the report be received and-adopted. Carried Unanimously. See By-law No. 80-110 No. 319 - City Manager - Re: 1980 MEA/MOE Training Courses. The report recommends that four members of staff be authorized to attend courses sponsored by the Municipal Engineers Association and the Ministry of the Environment. The City Manager and Director of Municipal Works provided additional information on the report. ORDERED on the motion of Alderman Fern, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 320 - City Manager - Re: Co-operative CorruRated Steel Pipe Tender. The report recommends acceptance of the low tender as submitted by Canada Culvert. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 321 - City Manager - Re: Property & Sales Tax Credits. The report provides information on the new pensioner grant program that will replace the Provincial property and sales tax credit system presently operated through the income tax system. ORDERED on the motion of Alderman Sobel, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimously. No. 322 - City Manager - Re: Four Month Revenue & Expenditure Report and Status of Tax Arrears. The report provides information on the revenue and expenditures for tax supported services, water supply and the parking operation to April 30, 1980, as well as information on tax arrears. ORDERED on the motion of Alderman err, seconded by Alderman Cummings, that the report be received.and filed. Carried Unanimously. No. 323 - City Manager - Re.: Municipal Accounts. The report recommends payment of the municipal accounts. Mayor Thomson provided information on Cheque #5786 in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sehisler, that the report be received and adopted. The motion:Carried with Alderman Merrett abstaining on a conflict of interest On Cheque ~5734, and all others voting in fayour, -6- No. 324 - City Manager - Re: Appointments to Boards, Committees, etc. The report recommends that Alderman Mackenzie be asked to fill the aldermanic appointments previously held by former Alderman Wallman and that the Council appoint a representative on the Board of Directors - United Way and the Performance Evaluation Working Group. Alderman Sobol indicated that since Alderman Mackenzie was already a member of the Board of Museums, she would resign from that appointment and. serve on the Performance Evaluation Working Group. Alderman Mackenzie indicated that he would accept the appointment to the Board of Directors of United Way if the meetings would not conflict with other committee meetings. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted, and further that Alderman Sobol be appointed to the Performance Evaluation Working Group and Alderman Mackenzi~ to the Board of Directors for United Way. Carried Unanimously. RESOLUTIONS No. 45 - CHEESMAN - DILTS - RESOLVED THAT WHEREAS under Section 27 (e) and (f) of the Conservation Authorities Act, the Conservation Authority with the appro, of the Lieutenant Governor in Council may make regulations applicable in the area under its Jurisdiction regulating or requiring the permission of the Authority for the construction of any building or structure or the placing or dumping of any fill in areas susceptible to flooding during a regional storm; AND WHEREAS the Niagara Peninsula Conservation Authority has prepared draft regulations and the appropriate mapping defining the extentof flooding under a regional storm; THEREFORE BE IT RESOLVED that the Municipality of the City of Niagara Falls does accept the floodline mapping in the City of Niagara Falls prepared by the Authority to date and does support the proposed regulations; AND BE IT FURTHER RESOLVED that the City of Niagara Falls requests the Niagara Peninsula Conservation Authority to undertake the necessary floodline mapping of the Welland River within the City of Niagara Palls; AND the Seal of the Corporation be hereto affixed. Carried with Alden .,.Mackenzie abstaini' on a conflict of interest, and all~ voting in fayour. No. 46 - SOBOL - MERRETT -'RESOLVED THAT WHEREAS paragraph 17 of section 383 o The Municipal Act, R.S.O. 1970, provides, in part, that by-laws may be passed l councils of municipalities having a population of less than 100,000 for requir transient traders and other persons whose names are not entered on the assessm roll or are entered on it for the first time, in respect pf business assessmen' and who offer goods, wares or merchandise for sale, to pay a licenee fee befon commencing to trade and that the sum paid for a license shall be credited to the person paying it, or to any bona fide purchaser of the business, and in respect of real property taxes on the land used for the purpose of or in connection with the business if the land is owned by the person carrying on th business, during the year in which the licenee was issued and five years thereafter; and WHEREAS the intent of this legislation would appear, in part, to be the protee of local businesses from competition by those who pay no local taxes; and WHEREAS the existing legislation would appear to provide this protection only so long as a business offers "goods, wares and merchandise for sale" but not where a business does not offer "goods, wares Or merchandise for sale" such as a business that offers a service; and WHEREAS the existing legislation does not permit a municipality to. refund any part of the licence fee collected where business tax and property tax for the year in which the licence was issued and the five years thereafter. does not exceed the amount of the ltcence fee paid by a transient trader;' NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests the Province of Ontario to cause such amendme' to the Municipal Act in the form of permissive legislation to be made as well ensures 1) That all retail businesses currently eligible for licensing by a municipality as provided by the Municipal Act, R.S.O. 1970, except those businesses specifically excluded under clauses b and c of said paragraph 17 of section 383 of The Municipal Act, whose names are not on it for the first time, pay a transient trader's licence fee before commencing to trade; and 2} That a municipality be permitted to refund that part of a transient trader's licence fee that exceeds the business taxes and the real property taxes on the laud used in connection with it if the land -7 - is owned by the person carrying on the business, during the year the licence was issued and five years thereafter; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslZ BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-110 - A By-law to authorize the execution of a grant of easement to Ontario Hydro. No. 80-111 - A By-law to authorize the sale of land to Joseph Lillo. No. 80-112 - A By-law to provide monies for general purposes. Carried with Alderman Merrett abstaining on Cheque #5734 of By-law 80-112, and all others voting in favour. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 80-110 - A By-law to authorize the execution of a grant of easement to Ontario Hydro. No. 80-111 - A By-law to authorize the sale of land to Joseph Lillo. No. 80-112 - A By-law to provide monies for general purposes. Carried with Alderman Merrett abstaining on Cheque #5734 of By-law 80-112, and all others voting in favour. NEW BUSINESS. ,, FLOODLINE MAPPING Mr. P. Grandoni commended City Council for adopting the floodline mapping as proposed by the Niagara Peninsula Conservation Authority. Mr. Grandoni was given a copy of the Authority's information on floodline mapping. WALKWAY ~ MONROE SUBDIVISION Alderman Fera advised that residents of the Monroe Subdivision had been requesting the Municipal Works section to provide a walkway at the end of M~Kinless Crescent for three years, without success. Students are apparently taking shortcuts through the backyards of residents on McKinless, and damage has been done to gardens and even windows. The Alderman asked if monies had been deposited with the City to construct the walkway. The Director of Municipal --Works indicated that he was not sure if monies were on deposit to construct the walkway and would have to check it out. With respect to the walkway, the Director of Municipal Works advised that the City would not normally construct the walkway until 80% of the lots in the subdivision have been built upon, in · accordance with City policy. This could have been the reason for the apparent delay in responding to the requests. It was moved by Alderman Chessman, seconded by Alderman Fera, that the matter be referred to staff for the preparation of a report. Carried Unanimously. N-TEC FILM PRESENTATION Alderman Dilts advised that he had represented the City at a recent N-Tee meeting, he had the opportunity of viewing a film presentation on the work of N-Tee, The Alderman indicated that he had been very impressed, and felt that it would be of benefit to have the film presented to Council at a future meeting, It was moved by Alderman Dilts, seconded by Alderman Merrett, that N-Tee be invited to make a brief presentation at a future Council meeting. Carried Una~imously. -8- Y.W.C.A. ART AUCTION Alderman Cheeaman indicated that he had represented the City at the recent Y.W.C.A. Art Auction, and had found the event to be a very pleasant occasion. MESSAGE OF THANKS Mayor Thomson thanked those members of Council who had assisted his office in representing the City at recent functions. The Mayor also thanked those members of Council for attending the tour of municipal facilities. It was moved by Alderman Puttick, seconded by Alderman Cheesman, that the meeting adjourn to Committee of Carried Unanimously. READ AND ADOPTED, J.L. COLLINSON, CITY CLERK MAYOR WAYNE THOMSON Committee Room #1 June 9, 1980 Council met in Committee of the Whole on Monday, June 9, 1980, following a regular meeting. All members of Council were present with the exception of Alderman Graaskamp. Alderman Hinsperger presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND REPORTED, , CITY MAYOR WAYNE THOMSON Council Chambers June 9, 1980 Council reconvened in formal session on Manday, June 9, 1980, following a meeting in Committee of the Whole. All members of Council were present with the exception of Alderman Graaskamp. His Worship, Mayor Thomson presided as Chairman. The meeting adjourned. READ ANDADOPTED, MAYOR WAYNE THOMSON TWENTY-FIFTH MEETING Council Chambers June 23, 1980 REGULAR MEETING Council met on Monday, June 23, 1980 at 7:40 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Puttick and Sobol. His Worship, Mayor Thomson presided as Chairman. Alderman Fera offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the minutes of the meeting held on June 9, 1980, be adopted as printed. Carried Unanimously. WELCOME His Worship, Mayor Thomson extended a welcome to Mr. Bob Haley and the Boy Scouts of Troop #12, Oakland Presbyteria~ Church from Springfield, Ohio. PRESENTATIONS TWENTY-FIVE YEAR PLAQUES His Worship, Mayor Thomson presented Twenty-Five Year Service Plaques to Mr. V. Picca of the Sanitation Department and Mr. P. Rioux of the South End Depot. ACHIEVEMENT AWARDS - NIAGARA FALLS BOXING CLUB His Worship, Mayor Thomson presented achievement awards to the'coaches and members of the Niagara Falls Boxing Club for various awards and competitions won during 1979 and 1980. Present to receive awards were Mr. Robhie Fortuna, Mr. Ross Risselli, Mr. Mike Little,'Mr. John DeGazio Jr., Mr. John DeGazio Sr., and Mr. R. McGibbon. Mr. DeGazio accepted awards on behalf of Mr. Dennis McNeil Jr. and Mr. Dennis McNeil St. ACHIEVEMENT AWARDS - A.N. MYER SENIOR SOCCER TEAM His Worship, Mayor Thomson presented achievement awards to the coach and members of the A.N. Myer Senior Soccer Team who won the Ontario Federation of Schools Athletic Association, Senior Soccer Championship in May of this year. Present to receive awards were Mr. Martin Biesell, Mr. Dean Allen, Mr. Peter Claussen, Mr. Nick Compare, Mr. Eddy Fantinel, Mr. Tony Gatto, Mr. John Hare, Mr. A1 Janvary, Mr. Mike Lopoyda, Mr. Pete Marchess, Mr. Neil McLeod, Mr. Tom Mussari, Mr. Joe Pagano, Mr..Gord Paterson, Mr. Dennis Patterson, Mr. Darryl Styles and Mr. Carmen Scerbo. Awards will also be presented to Mr. Keith Jenkins, Mr. Louie Stranges, Mr. Vince Stranges and Mr. Kevin Wilson who were not in attendance at the meeting. REGIONAL NIAGARA CHILDREN'S SERVICES COMMITTEE Regional Councillor Ronald Book, Chairman of Niagara Children's Services Committee addressed Council regarding the work of that Committee. Councillor Book advised that he would be speaking to all the municipal councils within the Region to explain the work of the Children's Services Committee and keep those councils advised of the progress made. The Committee will be attempting to integrate and co-ordinate the servicing of children, including Children's Aid, care of the mentally retarded, crippled children and Daycare. Mr. Book explained that Niagara was one of the four pilot projects selected by the Province in February of 1979. The Committee has been meeting with the other pilot project committees on a regular basis. The project will be carried out in three phases, the first of which has recently been completed. The second phase will involve the establishment of the needs of children throughout the Region, and the Committee would work with each agency in existence in ensuring any gaps are eliminated and that no.duplication occurs. In the third phase, the Ministry of Community and Social Services will begin funding the Region and the Region in turn will fund the Committee. Mr. Book advised that toward the end of 1981, he will again speak to the municipal councils to bring them up to date on the developments that have taken place. Mr. Book provided -2- additional information in response to a number of questions raised by members of Council. Mr. Book also introduced Mr. M. Cushing, Executive Director of the Children's Services Committee. Mayor Thomson thanked Councillor Book for his presentation. DEPUTATION MR. R. BARR - LOCAL IMPROVEMENTS ON PETTIT AVENUE Mr. R. Barr was granted permission to address City Council on the motion of Alderman Hinsperger, seconded by Alderman Cummings. Mr. Barr stated that when a work crew was recently noticed on Pettit Avenue digging near the front of the lots, it had been a surprise to many of the residents to learn that sewers, and curbs and gutters were to be constructed on the street under the Local Improvement Act. According to the City's Engineering Department, the work had been petitioned by the residents, however upon checking, no copy of such a petition could be found. Mr. Barr indicated that he took a copy of the notice mailed to property owners around to his neighbours and asked if they had seen the notice before. Some of the residents did recall seeing the notice and others did not. Mr. Barr pointed out that the notice referred to certain work being constructed on Pettit Avenue from the south limit of Registered Plan~ 215 to the north limit of Registered Plan 215. Mr. Barr felt that to many of no significance and they would have likely ignored the notice. A n arranged by neighbourhood residents, and Alderman Merrett and City staff were in attendance. From that meeting, a petition was made by the residents request! that the City not install the storm sewers, curbs and gutters, and asphalt pavement on Pet,it Avenue. The petition was signed by twenty-one of the twenty-eight or twenty-nine people on the street. Mr. Barr stated that the residents have not had flooding problems and did not require storm sewers on the street. While curbs and gutters are attractive, the residents did not feel they were necessary~ The Director of Municipal Works advised that notice was published in the local newspaper under Section 12 of The Local Improvement Act allowing time for residents to object to the local improvements. If 50% of ~aaa property owners affected were opposed to the work being done, it would automatically be cancellM The Director of Municipal Works agreed that the residents could misunderstand the reference in the notice to the limits of the registered plan. Having received no objections to the notices, a contract was called by the City and awarded to L & N Constr~ction at a price of $117,000. With respect to the necessity of storm sewers, the Director of Municipal Works indicated that although the residents on Pet,it Avenue were not experiencing flooding, the proposed sewer was-intended to assist with the flooding that occurs on Doreen Drive. ~ In response to a question raisedby Mayor Thomson, the Director of Municipal Works stated that it was proposed to have all the sewers east of Pet,it Avenue installed, including this section on Pet,it Avenue. The proposed sewer would take storm drainage out at the top end of the system, which now goes to Dotsen Drive. It was further advised that the contractor had been contacted and would be willing to extend his contract prices for work in anothe area. The M.T.C., which is involved in subsidizing the work, felt that it could go along with extending the prices, but wished to reserve some Judgemen, on the proposal. Contact will also be made with the Heavy Construction Association to obtain its position on extending the contract prices. The Director of Municipal Works further advised that approximately $5,000 to $6,000 of staff time had been spent in preparing the design for the sewer and since the M.T.C. gives a 5% grant for engineering on any project,. the subsi for the engineering done to date would be lost. Alderman Hinsperger asked if Doreen Drive properties will still have flooding problems if the sewer on Pet,it Avenue was not constructed. The Director of Municipal Works stated that a large part of the sewers in the area must be separated in order to achieve a solution to the flooding problems. everything else in the area were separated except the sewer on Pet,it Avenue, Doreen Drive would likely be allright. Alderman Merrett provided additional information on the meeting held with theresidents, end indicated that the problem seemed to revolve around the typ~ of notification sent to the residents. The Alderman hoped that Council would consider not having the sewer constructed. In response to a question raised by Alderman Grasskemp, Mr. Barr stated that he was quite accustomed to receiving and understanding City documents, 3 and since he had been involved in the development of the area, he would have understood the reference to the limits of the registered plan had he received such a notice. Mr. Barr again stated that he had not received the local improvement notice. Alderman Graaskamp felt that in the future, more care should be taken in the notices to be sent out so that affected property owners would have a complete understanding of the work to be done and the costs involved. With respect to extending the contract prices, Alderman Graaskamp indicated that he was opposed to transferring the entire contract to another area of the City without tenders being called. The Director of Municipal Works stated that the City does prefer the public tender method, however in this instance since a contract has been signed and the work to be done elsewhere was similar, it was felt the prices could be extended. Mayor Thomson suggested that since the residents in the area did not want the sewers, and since the contractor has agreed to extend his prices to another area, that the matter be referred to staff for a report. The Mayor also suggested that such a report would include recommendations on the notification system. The City Clerk provided additional information on the legal requirements for notification under the Local Improvement Act. During the following discussion, comment was made on various alternatives for notification and extending the contract prices. Following further discussion, it was moved by Alderman Cheesman, seconded by Alderman Hinsperger, that the matter be referred to staff for the preparation of a report. The motion Carried with the following vote: AYE: Aldermen Cheesman, Dilts, Fern, Rinsperger, Marrat,, Orr and Mackenzie. NAYE: Aldermen Cummings~ Grasskemp and Schisler. UNFINISHED BUSINESS- ' REGIONAL SIGNING STUDY Report No. 325 - City Manager - The report recommends: 1) That the ~igns requested by the N.R.T.A. and the Downtown Businessmen's Association be erected; 2) That traffic eastbound on Lundy's Lane not be directed to the Falls via Main Street; 3) That the large overhead mounted direction signs in the Clifton Hill/Victoria Avenue area which has been recommended by Regional Staff be erected by the Region at the earliest opportunity; 4) That Regional Council be asked to implement aprogram of the installation of oversized street name signing in advance of the intersection of Regional roads commencing with those roadways~fnich carry large volumes of tourist traffic; and 5) That the Region amend their existing policy concerning the erection of guide signs for tourist attractions to those attractions which provide a minimum of 2,000 parking spaces. Alderman Merrett provided additional information in response to a question raised by Alderman Cheesman. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the report be-received and adopted. Carried _Unanimously. LEG-HOLDING TRAPS AND SNARES Report N0. 326 - City Manager - The report recommends that the City of Niagara Falls include in its next application for an amendment to the City of Niagara Falls Act, the necessary legislation to enable the Municipality, at its _jdiscretion, to enact by-laws prohibiting the use of leg-holding traps, killer traps, or snares within the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. · iNTERSECTIONS OF CITY ROADWAYS WITH THE SOUTH PARKWAY Report No. 327 - Projects & Services Engineer -The report advises that the Niagara Parks Conmission has agreed that all intersections will be improved to ensure that a "stop ahead" sign, the appropriate "stop" sign and a · "checker-board" sign on the Niagara Parkway will be in place. The partially signed route to Buffalo will also be completed. ORDERED on the motion of Aideman Cummings, seconded by Alderman Dilts, that the report be received and filed. Carried Unanimously. CONMUNICATIONS Chippawa. The communication requests that Council allow the 8ervicinS of fifteen -4- to twenty-five lots in the subject Registered Plans. Mr. J. Kaufman of the firm, pointed out a correction that should be made in the communication with reference to locations of sewers. The Director of Municipal Works advised that several months earlier, Council had given its permission for the developer to proceed with the design of services for the subject plans. At that time, part of the outlet system the area in Chippawn experiencing flooding, was under design. The developer had retained the firm of R V Anderson to prepare the design work and the firm also reviewed the flo~dlng problems. It was being suggested'by the consultant that an interceptor system be installed. Since that time, the firm of Paul Thiel Associates was retained by the City to prepare recommendati~ on what work would be required to alleviate the area's flooding problems. The Director of Municipal Works explained the sewer system in the area and the outlets that would be required for any proposed sewers. It was also advised that a report on the deeming of subdivisions in the Chippawn area would be submitted at the next Council meeting. In response to questions raised by Alderman Hinsperger, the Design and Construction Engineer stated that Paul Thiel will be making his recommendation.= in about six months. Alderman Hinsperger felt that because of the serious flooding problems in Chippawn, no development should be permitted until the problems have been solved. The Director of Municipal Works advised that the system proposed by R.V. Anderson was similar to a scheme suggested by the City~ but was on a smaller scale and did not include one of the new areas. In response to a question raised by Alderman Dilts, the Director of Municipal Works stated that staff had presented an amount as a capital budget item of $195,000 to solve the existing problem, and $305,000 if all areas were included. The R.V. Ander~ proposal did not include one of the areas and involved a phasing scheme with a smaller sewer. The Mayor suggested that instead of simply denying the developer's reques[ that Council ask Paul Thiel, the City's consultant, for hie-views on how the request would affect the area. Following further comment, it was moved by Alderman Hinsperger, seconded by Alderman Graaskamp, that therequest of the developer be referred to the City's consultant, Paul Th~el Associates, for comment. Carried Unanimously. No. 108 - Mrs. E. Mills - Re: Senior Citizens Housing. The conmunication requests the assistance of Council in obtaining housing in one of the senior citizen housing complexes in the City. ~ Mrs. Mills provided additional information in response to a question raised by Mayor Thomson. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the communication be referred to staff to meet with officials of the East Niagara Housing Authority. Carried Unanimously. No. 109 - Mr. S. Mingle and Others - Re: Bender Hill Railway Crossing. The communication requests that the City open Bender Hill railway crossing at Palmet Avenue. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Merrett, that the matter be referred to staff for an investigation of the cost involved, and further that a meeting be held with residents and businesses in the area following investigation. .Carried Unanimously, No, 110 - Association of Municipalities of Ontario - Re: Emergency PreparednesS. r e e Since the conference would take place following the municipal election, !J the Mayor suggested that the communication be deferred at this time ~ ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the communication be deferred at this time, Carried Unanimously. No.-111 - Association of Municipalities of Ontario - Ra: Municipal Terms of Oft The communication provides comment by the Association on the statement by the Minister of Intergovernmental Affairs on the term of municipal councils. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the connnunication be received and filed, Carried Unnnimouslv, -5- No. 112 - Canadian Cancer Society - Re: Terry Fox Day. The communication requests that Council declare July 12, 1980 "Terry Fox Day", and that a civic welcome be extended to Terry Fox when he arrives in the City on July 12th. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the requests be approved and that the question of funding be referred to the Finance Committee. Carried Unanimously. No. 113 - Chippawa Lions Club - Re: Sale of Alcoholic Beverages on Club Premises. The communication requests that Council approve the Chippawa Lions Club premises to be registered with the L.L.B.O. to serve alcoholic beverages for functions. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the request be approved subject to similar approvals being obtained from the Fire Department, Niagara Regional Police and the Health Unit. Carried Unanimously. No. 114 - Can-Eng Sales Ltd. - Re: Proposed Street Name Change. The communication requests that the firm be allowed to retain its Montrose Road address instead of Kinsmen Court, and that a sign be placed at the cut-off from Montrose Road to this industrial area, listing-the companies in this small industrial section. Alderman Cheesman took exception to the comments in the letter that the firm was completely unaware of the intended change, and found it to be unfair and unacceptable. The Alderman pointed out that a considerable amount of time was spent in reviewing the name changes and advising the public that the City was in the process of changing various street names. The Mayor advised that Mr. Neufeld of the firm did not live in the City and had not been aware of the local newspaper advertisements. ORDERED on the motion of Alderman Fern, seconded by Alderman Cummings, that the communication be referred to the Street Name Committee for comment on the suggestions made. Carried Unanimously. No. 115 - Mr. & Mrs. L.J. Shalanko - Re: Casino Nights and Gambling. The communication expresses opposition-to Casino Nights and gambling. AND No. 116 - Mrs. A. Spiece - Re: Legalized Gambling. The communication expresses opposition to legalized gambling in the City. Alderman Cummings advised that a pubiic meeting would be held by the Social Planning Council in the newly dedicated Judy LaMarsh Room at the Library to hear from individuals and groups within the City on the matter. The Alderman urged as many members of Council as possible to attend. Mayor Thomson provided additional information in response to comments by Alderman Graaskamp. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communications be referred to the Social Planning.Council. Carried Unanimously. No. 117 - Boys' & Girls"Club of Niagara - Ra:.Use of Club Facility. The communication extends an invitation to the Council to hold an upcoming Monday night meeting at the Club in order to acquaint the City with the facility. Mayor Thomson pointed out that many of the Council meetings are aCtended by the public, and 'it would be difficult to handle a large number of people should a controversial'topic arise. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the Bos' y & Girls' Club building be included on the next Council tour of municipal facilities.' Carried Unanimously. No. 118 - Downtown Business Association - Re: Use of Park Street Market Area. The communication requests permission to use the Park Street Market area for a Downtown carnival which will include rides and carnival-type amusements from July 23 - July 26, 1980, and sidewalk sale on Queen Street by the farmers who usually use the market area. Alderman Cummings felt that the Association should be commended for its efforts in 'promoting the' Downtown area. Alderman Chessman suggested that the Association should allow the City more lead time when making such requests in order to deal with the matter in the normal manner. Mayor Thomson pointed out that the group met only once a month, and it was difficult at times to have their meetings coincide with the timing of various events. The Mayor indicated that he would speak to the Association on this matter. -6- ORDERED on the motion of Alderman Cununings, seconded by Alderman Merrett, that the requests be approved. Carried Unanimously. No. 119 - Niagara Peninsula Pony Raceway Association - Re: 15th Year Celebratie The connnunication permission to operate a beer tent in conjunction with the Association's 15th year celebrations. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the request be approved in accordance with established policy. Carried Unanimously. No. i20 - Regional Municipality of Niagara - Re: Available Lots for Residential Development in Subdivisions. The communication provides information on the number of available lots for various types of residential development in subdivisions in the Niagara Region as of December 31, 1979. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that the communication be received and filed. Carried Unanimously. REPORTS No. 328 - City Manager - Re: Lots 35 and 36, Falls Industrial Park Extension. The report recommends: 1) Extension of the option on Lot 35 (5.563 acres) to Washington Mills Limited until October 1, 1981 at a cost of $556.30; 2) That the City agree to give an option to Washington Mills Ltd. on Lot 36 comprising 4,783 acres until October 1, 1981 at a cost of $478.30; 3) That Washington Mills Ltd. pay $15,500 per acre on October 1, 1981 for the purchase of Lots 35 and 36; and 4) That the Legal Department be authorized to prepare the necessary legal documents for these transactions. ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. NOTE: Alderman Orr was absent when the vote was taken on this matter. No. 329 - City Manager - Re: Encroachment, 5206 Morrison Street at Sixth Avenue The report recommends that the application for passing of a by-law to permit the continuation of an encroachment of a building municipa-t~y known as 5206 Morrison Street on the Sixth Avenue road allowance, be approved, and passage of the appropriate by-law. ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that . the report be received and ,adopted. Carried Unanimously. See By-law No. 80-~ NOTE: Alderman Orr was absent when the vote was taken on this matter. No. 330 - City Manager - Re: Fire Route By-law. The report recommends passage of by-laws: 1) to designate private roadways as fire routes along which no par~ of vehicles shall be permitted; and 2) to amend By-law 72-221, as amended, bei~ a by-law to provide for the voluntary payment of penalties for contravention of parking and certain other by-law provisions. Mayor Thomson advised that the owners and operators of plazas in the City Alderman Dilts felt there could be a problem with enforcement of the by-law and asked if it would be possible to designate some person at each of the plazas as a by-law enforcement officer. Mayor Thomson advised that the by-law would be enforced by the Commissionaires. The Director of Municipal Works indicated that any person appointed at a plaza would in effect be ticketing the cars of customers, which could become a problem if the stores started losing business. There could also be a problem if the designated person were ill, and there was no one to enforce the regulations~ The Parking and Traffic Committee will be considering the use of Commissionaires to enforce the by-law. Alderman Chessman commented that more Commissionaires would be required to enforce the by-law properly, and that consideration should be given to providing a vehicle or car allowance to make it easier for the officers to reach such areas as Niagara Square Plaza. Mayor Thomson advised that a City vehicle has been provided to the Commissionaires at present. With respect to enforcement, Alderman Herrerr advised that the Parking and Traffic Committee will also be considering the use of a private security firm° -7- Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-laws 80-114 and 80-115 No. 331 - City Manager - Re: Sale of Remaining Surplus Property - HEPC Haulage Road. The report recommends that Parts 1 and 3 on Reference Plan 59-R-2005, be sold to Mrs. Helen Nauman the owner of adjoining property, for the sum of $1,300.00. ORDERED on the motion of Alderman theeamen, seconded by Alderman Cummings, that the report be'received and adopted. Carried Unanimously. No. 332 - City. Manager - Re: Engineering Services for Bender Hill Storm Sewer and Watermain. The report recommends: 1) That the Director of Municipal Works be authorized to engage the consulting engineering firm of Proctor and Redfern Limited to provide engineering services for the subject project; 2) That the firm of Golder Associates also be engaged as a sub-consultant to carry out the necessary sub-soil investigation; 3) That the cost of the above works be charged to the appropriate capital works or appropriate engineering account; and 4) That the City Solicitor be authorized to proceed with the necessary engineering agreement with the consultant. The Director of Municipal Works provided additional information in response to a number of questions raised. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining on a conflict of interest, and all others voting in favour. No. 333 - City Manager - Re: Contract S.S. 14-80, Storm Sewer Construction on Dorchester Road from Harriman to Windermere Road (By-law 78-211) and on Windermere Road from Dorchester Road to Isaac Street (By-law 78-204). The report recommends acceptance of the unit prices submitted by Provincial Construction,(Niagara) Ltd. for the subject contract. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 47 See By-law No. 80-116 No. 334 - City Manager - Re: Proposed Grade Separation for New McLeod Road Alignment in McLeod Road/Stanley Avenue Area. The report recommends: 1) That the City agree to participate in the cost for installing a 300 mmdiameter watermain along the new alignment of Stanley Avenue south of the proposed McLeod Road underpass alignment scheme at an estimated cost of $7,000; 2) That the City agree to install a 200mmdiameter watermain on Stanley Avenue north of the relocated McLeod Road alignment, with the Region contributing a lump sum amount of $5,000; and 3) That the City's share for each of the above noted contributions be takeB from monies received under By-law 73-267. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. NOTE: Aldermen Dilts and Hinsperger were absent when the vote was taken on this matter. No. 335 - City Manager - Re: Proposed Grade Separation of New McLeod Road Alignment at Conrail - Storm Sewer Cost Sharing. The report recommends: 1) That the City agree to cost sharing of required storm sewers for the new McLeod Road alignment in the area of the Conrail crossing in accordance with policy at an estimated net cost of $212,000.00; 2) That the City agree to enter into an agreement with the Region wherein the Region will invoice the City for 90% of its share of the. costs eight months after a contract has been awarded for the project, with the remaining 10% to be invoiced to the City after complete installation of the storm sewer; and 3) That the City use monies received through By-law 73-267 and various severances throughout the Municipality to finance its share of the required storm sewer installation. ORDERED on the motion of Alderman Cunningss seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. NOTE: Aldermen Dilts and Minsperger were absent when the vote was taken on this matter. No. 336 - City Manager -..Re: Agreement between the Ministry of the Environment and the City covering Contribution towards the Cost of Feasibility Study for the Expansion of the Mountain Road Sanitary Landfill Site. The report recommends passage of a by-law authorizing the Mayor and Clerk to enter into ~n agreement with theMinistry of the Environment for the purpose of receiving a contribution .....8 -8- of $2,000 to pay part of the cost of a study on the feasibility of expanding the Mountain Road Sanitary Landfill Site. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. NOTE: See By-law No. 80-i' Aldermen Dilts and Hinsperger were absent when the vote was taken on this matter. No. 337 - City Manager - Re: Proposals for a Report on the Mountain Road Sanitary Landfill Site Expansion. The report recommends, subject to approval of the Ministry of the Environment, that the proposal of Peto MacCallum Ltd. for undertaking a report on the expansion of the Mountain Road Sanitary Landfii~ Site, based on the Terms of Reference approved by Council, be accepted. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining on a conflict of interest, and all others voting in favour. NOTE: Aldermen Dilts and Hinsperger were absent when the vote was taken on this matter. No. 338 - City Manager - Re: Building and Development Report for May 1980. The report provides current news relative to permit statistics and developmentI proposals for the month of May, 1980. , ORDERED on the motion of Alderman Grasskemp, seconded by Alderman Orr, that the' report be received and filed. Carried Unanimously. NOTE: Aldermen Dilts and Hinsperger were absent when the vote was taken on this matter. No. 339 - City Manager - Re: Swimming Pool Fence By-law. The report recommends preparation of a by-law to amend By-law 73-159, as amended, to permit chain lin fences presently in existence to have openings of not more than 2" x 2". Alderman Hinsperger noted that it was becoming very difficult to get 1~" chain link fencing at the 42" height. Mayor Thomson provi~ed additional information in response to a question raised by Alderman Chessman. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 340 - City Manager - Re': Site Plan Approval, Proposed Restaurant and Apart~4~ 5512 Victoria Avenue (East Side, North of Palmet Avenue). The report recommend' approval of the subject site plan, being a Proposed Restaurant and Apartment an being Drawing No. 2680-1A dated May 3, 1980, prepared by Robert Judge, and filed with the Building & Development Department of the City of Niagara Falls c June ll, 1980, subject to certain conditions. ORDERED on the motion of Alderman Grasskemp, seconded by Alderman C,,mmings, the the report be received and adopted. Carried Unanimously. No. 341 - City Manager - Re: Intersection Control. The report recommends the preparation of the necessary by-laws to allow the erection of stop signs (Elber~ Avenue, Ruggins Street, Belfast Avenue and Skinner Street) and yield signs (President Drive, Appleford Avenue, Olden Avenue, Westfield Drive, North Dorset Place, Moant]oy Court, Marts Circle, Wiltshire Boulevard, Fairway Road and Pri0 Crescent).. ORDERED on the motion of Alderman Chessman, seconded by Alderman Ninsperger, that the report be received and adopted. Carried Unanimously. No. 342 - City Manager - Re: Parking on Cladstone Avenue. The report recommends preparation of a by-law to limit parking to two hours on Gladstone Avenue between North Street and Emery Street, as requested by the residents. ORDERED on the motion of Alderman Fern, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimouslyo No. 343 - Mayor Thomson - Re: Parking and Traffic Study. The report recommends that the consortium of Lanmer-Feneo be retained to carry out the parking, traff and financial study for the tourist-commercial sector of the City. ORDERED on the motion of Alderman Netrett, seconded by Alderman Hinsperger, the the report be received and adopted. Carried Unanimously. No. 344 - City Hansget - RetNunieipal Accounts. The report recommends payment of the municipal accounts. Nayor Thomson advised that Cheque #5837, payment for his attendance at the F.C.M. Conference, had been cancelled, since he had not artended the -9- conference. The Mayor provided additional information on Cheque #5895 in response to a question raised by Alderman Cummings. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 345 - City Manager - Re: Aldermanic Representation - Board of Governors, Greater Niagara General Hospital. The report recommends that the Board of Governors be notified that no change be made to the Greater Niagara General Hospital Act, 1972, as it relates to the appointment of three Aldermanic representatives to the Board of Governors. Alderman Cheesman suggested that this matter could be considered again once the 1981-82 Council takes office in the event there are problems at that time with members of Council attending the various board and committee meetings. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, .that the report be received and adopted and referred to the 1981-82 Council for consideration during the review of appointments. Carried Unanimously. No. 346 - City Manager - Re: Annual Conference of Association of Municipalities of Ontario. The report recommends that Council indicate the three members who will be attending the Annual Conference of the Association of Municipalities of Ontario, in order that appropriate delegate registration can be completed. Mayor Thomson pointed out that the City was actually entitled to have five voting delegates attend the conference. Aldermen Cheesman, Dilts, Grasskemp, Merrett and Mayor Thomson all indicated a desire to attend the conference. Alderman Cummings stated that he could not support the attendance of five members of Council at the conference, and that he was sure a smaller number could bring back all the information necessary. Both Aldermen Chessman and Dilts pointed out the importance of this one particular conference to municipal councillors. Mayor Thomson suggested that a report be brought in showing the expenditures for the year involved in Council members attending conferences. The Mayor advised that approximately $10,000'had been included in the budget for this purpose, and yet the previous year only $3,000 - $4,000 had been spent. Following further comment, it was moved by Alderman Rinsperger, seconded by Alderman Orr, that Mayor Thomson, and Aldermen Chessman, Dilts, Graaskamp 'and Merrett be appointed as the Municipality's voting delegates to the annual conference of the Association of Municipalities of Ontario. The motion Carried with Alderman Cummings voting contrary, and all others voting in fayour. No. 347 - City Clerk - Re: Application for Billiard Licenee. The report recommends that Council indicate whether or not it wishes a Billlard Licenee to be granted for the premises known as 4465 Drummond Road. Mr. LaPenna indicated that he intended his business to cater to a mature clientele and not to the young people in the"~area who may be causing problems. The business would be properly supervised and since he had previously dealt with people of this age group, Mr. Lapenna did not anticipate any problems. Mayor Thomson advised that the problem in the area with loitering, vandalism and excessive noise had become very serious. Thousands of dollars in damage has been sustained by businesses at the plaza and by area residents. The Mayor advised that a meeting was held with Police officials and people from the area, and it appeared that the situation was finally improving. The residents were of the opinion that a billiard hall would only worsen the situation again, and that a licenee should not be granted. Mayor Thomson suggested that rather than denying the licenee, that further action on the license be held off for at least one month to see if conditions continue to improve. Alderman Merrett agreed that since regular patrols were established, conditions at the plaza had improved. ' Alderman Cummings, who lives in the general area, commented that it is one thing to try and control activities inside a facility, but the problem starts when people are put out of the facilities because of their behaviour, and they loiter in the plaza. This leads to the other problems of noise and vandalism. AldermanCraaskamp felt that the operators of the billiard hall could not bc held responsible for the vandalism caused by customers of another establishment. - 10 - Following further comment, it was moved by Alderman Merrett, seconded by Alderman Grasskemp, that the application be tabled for one month and that the matter be reviewed at that time with Police officials and residents and businesses in'the area. Carried Unanimously. RESOLUTIONS No. 47 - FERA - ORR - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited for the construction of a storm sewer on Dorchester Road and Windermere Road, be accepted at the tendered price of $217,819.95; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslk BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-113 - A By-law to allow the maintaining and using of a building which encroaches on Sixth Avenue+. No. 80-114 - A By-law to designate private roadways as fire routes along which~ 'no parking of vehicles shall be permitted. No. 80-115 - A By-law to amend By-law No. 72-221, being a by-law to provide fo! the voluntary payment of penalties. for contravention of parking certain other by-law provisions. No. 80-116 - A By-law to authorize the execution of an agreement with Provincizt Construction (Niagara Falls) Limited for the construction of a stc sewer on Dorchester Road and Windermere Road. No. 80-117 - A By-law to authorize an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the EnvironmenW, No. 80-118 - A By-law to appoint David Mackenzie a member of Council of the Ci~, of Niagara Falls. No. 80-119 - A By-law to ~rovide monies for general purposes. ~ Carried with Alde~ -- Mackenzie abstsiniI t By-law 80-118, and others voting in f~. ORDERED on the motion of Aldermen Dilts, seconded by Alderman Schisler, that t~ following by-laws be now read a second and third time: No. 80-113 - A By-law to allow the maintaining and using of a building which encroaches on Sixth Avenue. · " No. 80-114 - A By-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. No. 80-115 - A By-law to amend By-law No. 72-221, being a by-law to provide f01 the voluntary payment of penalties for contravention of parking certain other by-law provisions. No. 80-116 - A By-law to authorize the execution of an agreement with Provine Construction (Niagara Fells) Limited for the construction of a st sewer on Dorchester Road and Windormers Road. No. 80-117 - A By-law to authorize an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environmenl No. 80-118 - A By-law to appoint David Mackenzie a member of Council of the Ct of Niagara Falls. No. 80-119 - A By-law to provide monies for general purposes. Carried with Alde~ Mackenzie aberainY By-law 80-118, and others voting in f ,,.,,11 - 11 - NEW BUSINESS PARKING - NIAGARA SOUTH ARENA COMPLEX Aldemnan Dilts advised that he had attended the carnival held recently at the Niagara South Arena complex and had noticed the severe parking problem. Many cars were ticketed by the police, and some cars actually parked in a private parking lot of a nearby restaurant causing even more problems with the customers at the establishment. The Alderman felt that consideration should he given to improving the parking situation in the area in the future. Mayor Thomson suggested that the matter be referred to the 1981-82 Council for consideration during budget discussions. It was moved by Alderman Dilts, seconded by Alderman Rinsperger, that a report be prepared outlining the costs involved in extending the parking area at the Niagara South Arena complex. Carried Unanimously. HELICOPTERS Mayor Thomson referred to the fact a helicopter service had recently started up in the City and pointed out that no contact had been made with the City in this regard. The Mayor stated that because of the many complaints Council had received in the past, he had attempted to call the various authorities involved to explain the Council's concern. The Mayor felt it was only common courtesy to notify the local municipality before proceeding with the granting of any temporary permits for such an operation. There will be a hearing on the matter, and the Mayor requested that Council re-affirm its previous stand in opposition to the heliport. Alderman C-mmings confirmed that the operation was very irritating to residents living under the flight path of the helicopters, and hoped that something could be done before the problem reached the proportions it had in the past. It was Alderman Mackenzie's understanding that regulations restrict the minimum height of the flights to one thousand ft. above the highest point within a residential area, which in this case would likely be the Skylon Tower. With respect to property values within the flight path of the helicopters, the Alderman noted that if the proper flight path over the gorge is followed, there would be little that could be done about the problem. Alderman Cheesman stated that he would like the complaints confirmed before the ~Council took any position on the matter, since a different operator was involved this time. The Alderman stated that he had been at the hellport recently and he felt satisfied that there was a difference in sound levels and that the appropriate flight patterns were being followed. Alderman Cheesman suggested that the noise from the operation should not be anymore irritating than tour buses and traffic from cars, trucks and other aircraft, and further suggested that the Council should not react immediately to a few calls and letters. Mayor Thomson advised that he had ~nvestigated the matter himself, and he would not want the operation taking place near his home. The major objection was that the municipality had not been consulted. Alderman Graaskamp pointed out that the location was zoned correctly to permit the heliport and that the firm was taking over a legal operation. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Merrett, that the Council do anything in its power to try and alleviate the problem before it continues. Carried Unanimously. MESSAGE OF Mayor Thomson advised that a number of employees donated their time in setting up Oakes Park for Ralph Racine Day, and requested that Council extend its thanks to the following employees: Mr. L. Dennis, Mr. R. Barnes, Mr. H. Dalton, Mr. R. Moore, Mr. T. Viedry, Mr. M. Allison, Mr. A. Sotlay and Mr. J. Bell. It was moved by Alderman Merrett, seconded by Alderman Orr, that the above mentioned employees, and any others involved in the preparations for Ralph Day, be thanked for their efforts. Carried Unanimously. ****** It was moved by Alderman Hinsperger, seconded by AIderman Dilte, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ AND ADOPTED, TWENTY-SIXTH MEETING CITY MAYOR WAYNE THOMSON Committee Room #1 June 23, 1980 Council met on Monday, June 23, 1980 in Committee of the Whole, following a regular meeting of Council. All members of Council were present with the exception of Aldermen Puttick and Sobol. Alderman Merrett presided as Chairmar Following consideration of the items presented, the Committee of the Whole arose without reporting.b ~ & · ' · ·. Council Chambers June 23, 1980 Council reconvened in formal session on Monday, June 23, 1980, following a meeting in Committee of the Whole. All members of Council were present with the exception of Aldermen Puttick and Sobol. His Worship, Mayor Thomson presided as Chairman. -- The meeting adjourned· ., MAYOR WAYNE THOMSON Council Chambers June 26, 1980 SPECIAL MEETING Council met on Monday, June 26, 1980 at 5:00 p.m. for the purpose of appointing a Promotion and Facilities Co-ordinator. All members of Council were present with the exception of Aldermen Fera, Hinsperger, Graaskamp, Puttick, Schisler and Sobol. His Worship, Mayor Thomson presided as Chairman. REPORT No. 348 - Alderman P. Cummings - Re: Appointment of Promotions and Facilities Co-ordinator. The report recommends: 1) That Mr. Bob Lavelle be engaged to provide a complete service for promoting and co-ordinating the City's recreation and entertainment facilities to ensure their maximum use; 2) That a contract be entered into with Mr. Lavelle for a period of two years; 3) That Mr. Lavelle commence his duties two weeks after being officially advised of his appointment; and 4) That the terms of the contract will include a basic amount which will cover all clerical costs and employee benefits, plus a commission based upon increased revenue over 1979 figures in the area of promotion of Junior Hockey and Special Events. Mayor Thomson suggested that the terms of reference could be reviewed by the Special Committee and then submitted to Council at the next meeting of Council. The MAyor thanked the members of the Special Committee for their efforts in making an appointment. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. NEW BUSINESS NEW ATTRACTION - MAPLE LEAF VILLAGE Mayor Thomson referred to a recent application received for a new ride at Maple Leaf Village, and advised that the Council would be kept fully informed as the application was being processed. It was moved by Alderman Dilts, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON TWENTY-SEVENTHMEETING Committee Room July 7, 1980 COMMITTEE OF THE WHOLE Council met on Monday, July 7, 1980 at 6:45 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Puttick. Alderman'Oft presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. . · · · ·, READ AND ADOPTED, · . 'COLLI , CI~ CLE'~ MAYOR WAYNE THOMSON Council Chambers July 7, 1980 Council met on Monday, July 7, 1980 at 7:40 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Puttick. His Worship, Mayor Thomson presided as Chairman. Alderman Oraaskamp offered the Opening Prayer. ADOPTION OF MINUTES Alderman Graaskamp pointed out that the minutes of the meeting held on June 26, 1980, referred to that date being a Monday, which should be changed to Thursday. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that .the minutes of the meeting held on June 23, 1980 be adopted as printed, and the minutes of the meeting held on June 26, 1980, be adopted as amended. Carried Unanimously.. UNFINISHED BUSINESS CLOSING AND SALE OF PART OF CORFIELD STREET Report No. 349 - City Manager - The report recommends passage of a by-law to authorize the sale and conveyance of the closed up part of Cotfield Street and a grant to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Sohol, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 80-120 REQUEST OF KENMORE CONSTRUCTION REGARDING PLANS 11 AND 16, FORMER VILLAGE OF CHIPPAWA DEEMING OF PLANS OF SUBDIVISION - EIGHT YEARS OLD OR MORE Report No. 350 - City Manager - The report recommends that comments from the Consulting Engineering Firm of Paul Thiel Associates Ltd. concerning the subject request, be considered by Council. Report No. 351 - City Manager - The report recoupends passage of a by-law under Section 29(3) of The Planning Act, "deeming" those plans mentioned in the report not to be registered plane for the purposes of The Planning Act. Mr. J. Kaufman of Kenmore Construction, was granted permission to address Council on the motion of Alderman Sobol, seconded by Alderman Orr. Mr. Kaufman stated that if he were allowed to proceed, by the time engineering design was completed and the actual works in the ground and construction of homes commenced, it would be a year from now. Mr. Kaufman asked that Council take this factor into account when considering his request. Mr. R. Lewandowski, solicitor for -2- Kenmore Construction, felt that the report of Paul Thiel Associates was not really conclusive, and although he had not much time to review its contents, it appeared the report itself was not complete. Mr. Lewandowski requested that Council consider the request of Kenmore Construction to begin in the near future the commencement of servicing of fifteen to twenty-five lots. The final report of Paul Thiel Associates should be completed by September or October to the degree that Kenmore could begin preliminary work to prepare for future sales in May of 1981. ~. Lewandowski stated that if Council is prepared to consider this request, he would require some time to get more comments from the City's consultant to determine the merits of the request. It was then moved by Alderman Chessman, seconded by Alderman err, that the report on deeming of subdivisions be moved forward and considered in conjunction with the report on the request of Kenmore Construction. Carried Unanimously. Mayor Thomson explained that under legislation dealing with deeming of subdivisions, the developer would be given an opportunity to make representatic~ to Council following passage of the by-law, respecting the amendment or repeal~ of the by-law. Mr. Kaufman stated that if Kenmore's lands were deemed, they would be reduced to less than farm land status which would mean a tremendous loss in the value of the land. This would put Kenmore in a disastrous position. Mr. Kauf~ stated that Kenmore has tried to co-operate with the City, and it did not make sense to take such steps when the firm was in the process of developing these lands. Mr. Kaufman stated that his firm has calls for housing in Chippaws which cannot be accommodated at this time. Alderman Merrett stated that he did not want to see. Kenmore being held up indefinitely, however at the same time he was not in favour of the firm proceeding with development immediately because of Chippawa~s flooding problen~ The Alderman asked if it would be possible to delete Kenmore's lands from the ! deeming by-law and put a hold on development until a solution can be found. The Planning Director advised that Kenmore's lands coula h~ excluded from the by-law. With respect to the effect of deeming, the Planning Director explainec' that deeming actually only places a hold on the normal transactions that take !' place with a registered plan of subdivision. The deeming can be repealed at the Council's discretion after negotiation with a developer, and the lands wonl still be a registered plan. · In response to a question raised by Alderman Schisler, the Planning Direc stated that the plans did not have to be deleted from the by-law, since Counc~ placing a hold on development, not expunging the plans.~ Alderman Chessman asked if it would be possible to allow Kenmore to proce with the design of the underground services for the lands, and 'later determine how the report from the consultant goes and whether or not Kenmore would be allowed to proceed to the construction stage. The Design & Construction Engin Stated that permission was given by Council several months earlier for the engineering design to proceed. It was Councilws option whether or not to all0~ the actual servicing to proceed, however the Design & Construction Engineer !. prQceed and then not issuing building permits. - ~ Mayor Thomson suggested that since Mr. Kaufman had not had a of advance notice that the items would be on the Council agenda, the report dealing with servicing should be tabled and the sections of the .report on deeg ~e~liBg with-Vla~s 260 and 265, be tabled. Following further comment, it was moved by Alderman Chessman, seconded b~ Alderman Grasskemp, that the report dealing with the request of Kenmore Conerr for servicing of certain lots be tabled, further that the sections of the rope ~n deeming dealing with Plans 260 and 265 be tabled, and that the balance of t .report on deeming be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others voting in favour. APPLICATION AM-4/g0, BPIRONELLO & !SEPPON, 4009 RIVER RO~ Mr, D. Crowo, solicitor for the applicants, was granted permission to add c~.un~ oD tb8 motion of Al~'m~n ~rrett, ~co~dad by Alderman Orro M~. cro~ -3- provided a brief history of the application and explained the physical characteristics of the subject property. Mr. Crows indicated that it was proposed to change the zoning on the land in order to permit the expansion of the motel. It is intended to construct a berm which would act as a visual buffer between the motel's parking area and the adjacent residences. Mr. Crows stated that only two properties are orientated towards the park, but are on east and west alignments. The project was designed in such a way that no heavy vehicular traffic could gain access to the rear parking area from River Road. This rear parking area would be limited strictly to automobile parking. Mr. Crowe stated that the existing motel must be upgraded to keep it a viable economic enterprise. With respect to the land exchange, Mr. Crows stated that the land required for the expansion is to be replaced by the developer by way of a land exchange earlier approved by Council subject to rezoning. The tennis courts would be relocated at the expense of the developer to the portion of the land to be exchanged, at the direction of the Commission. Mr. Crows stressed that the land exchange and relocation of the tennis courts would put the park to the purpose for which it is being used now, a recreational facility. Photographs of the triangular piece of land to he exchanged were distributed showing that the area is used as much for automobile parking as for pedestrian traffic. Mr. Crows indicated that the unopened road allowance running down to River Road would not be affected by the development and would remain open for pedestrian use. Mr. Crows felt that because of the emotional element that,has come into the matter, it would not be possible to satisfy all of the residents of the area regardless of the configuration of the proposal made by the developer. With respect to the argument raised about property depreciation, Mr. Crows advised that an independent appraisal was done which indicated that if there were to be any effect on property values, it would be restricted and minimal and all but impossible to equate in dollar figures. Any depreciation could be compensated by a suitable buffer. In conclusion, Mr. Crows stated that the developer would be removing fill from the site to bring the elevation down to the elevation of River Road, and would be prepared at his expense to use that fill to bring the park to a singular grade from where it would be to the west of the tennis courts on through to the berm. Mr. F. Gorgonio asked why if only two houses were affected, all the residents in the area were so concerned. It was felt that the park in its present location provided a natural buffer-to the River Road area and Mr. Gorgonio asked why the residents should take the risk of being bothered by exhaust fumes, noise from cars and lights from a parking lot. It was pointed out that the park has existed for over forty years and people built their homes around the park in the belief it would remain permanent. Mr. Gorgonio also felt that expansion of the motel was not a pressing need and asked why residents should lose for the developer's monetary gain. With respect to the land exchange, while it was proposed to be on a one-to-one basis, Mr. Gotgenie felt-the land to be taken by the developer was more valuable. Mr. Gorgehie referred to the fact that vehicles are presently parking on the triangular piece of land and asked if this is taken over by the developer, where would vehicles then park. It was pointed out that 98% of the residents in the area were opposed to the exchange and the rezoning. Mr. Gotgenie stated that the residents believe the parks belong to the people they serve, that Councilheld them in trust and that Council was responsible for safeguarding that trust. Mr. J. Gorgonio stated that people from as far-away as Stamford Green Drive were using the tennis courts in Glenview Park and they came as early as 6:00 a.m. in order to play. Mr. Gorgehie suggested that the City provide another tennis court and that Council look beyond the little triangular piece of land to look. at what the people ~n the area can see and enjoy. Mr. T. Macintosh reminded Council that the previous approval granted for the land exchange referred only to the land exchange and not the expansion of the motel. Miss B. VanHelsdingen stated that she used the tennis courts and the park~s other facilities regularly. Miss VanHelsdingen stated that if the land exchange takes place, the small path used by many people would be of no use. It was suggested that the City consider providing more facilities at the park instead of switching lands with the developer, Mr. F. Martin stated that although the people seem to be concerned over the exchange of land, the land was full of pot holes and nobody uses it. Mr. 'Martin c0~nented that the.City ie~!ways tryling to improve on re~enue~ and here -4- was an opportunity to get more revenue without interfering with property. As far as the view of the gorge was concerned, Mr. Martin stated that the gorge could not be seen from that spot. Mr. S. Tonnellato stated that 90% of the residents did not want the exchange to take place and asked why should any money be spent when so many people were opposed. Mr. C. Scott suggested that if the park was moved up towards St. Francis School, the baseball and soccer fields would interfere with private property and the adjacent land owner could complain if balls were continually knocked over on to his property. Mr. Crowe provided further information in response to the points raised by the residents, and distributed photographs of the area as well as copies of the independent evaluation carried out on properties in the area. Mr. J. Johnson stated that he has seen wild life in the park in addition to the use made of the park by people. If the park were moved, Mr. Johnson felt that children would be climing the fence between the park and the motel to retrieve balls and toys. Mr. Johnson suggested that the developer expand on his present site and urged Council to deny the application. Alderman Fera felt the developer was trying to expand his property to the detriment of the people in the area. The Alderman pointed out that the owner had known the limitations of the property when it was purchased, and since the area residents have made it clear they don't want the park tampered with, the. developer should consider expanding on his existing lands. Alderman Merrett agreed that the people did not want the park tampered with and for that reason he would have to support the Planning & Development Committee's recommendation. Alderman Mackenzie commented that' the people didn't seem to be opposed to further development of the motel, only the effect it would have on the park, The developer had the right to expand the motel up to four storeys in height under the current zoning. The Alderman felt there was no proof that the property values would go up or down as a result of development. Alderman Mackenzie indicated that while he would be opposed to the land exchange, he was not opposed to the rezoning because it was a good use-of the land. Alderman Hinsperger pointed out that while the by-law permits the motel to expand to four storeys, the developer would still have to provide sufficienl~ parking for the motel. Ifthis parking is not provided, the expansion could not take place. Following further discussion, it was moved by Alderman Fera, seconded by Alderman Hinsperger, that the report be received and adopted, and the application denied. The motion Carried with the following vote: AYE: Aldermen Cummings, Fera, Hinsperger, Graaskamp, Merrett and Orr. NAYE: Aldermen Cheesman, Dilts, Schisler, Sobol and Mackenzie. OPERATION OF HELICOPTERS Report No. 353 - City Clerk - The report recommends that a special meeting be held during the week of July 14th, 1980, in order to allow residents of the City to express their comments regarding the granting of a commercial air service licerice to Pan-Air Helicopters to operate from the base formerly used by Niagara Helicopters. Hayor Thomson commented that the operation of helicopters has been a controversial issue for many years. Although residents of the City and of the Glenvievarea in particular have been concerned in the past, the,Mayor stated that the City wanted to have people express once more their feelings in the matter. In response to a question raised by Mr. C. Scott of the Glenview area Hayor Thomson indicated that while the residents had been on record previously as opposing the helicopter operation, the new operation was being run by different persons and newer equipment is being used. Alderman Cheesman did not want the impression given that Council had its mind made up that the liecute to operate the service should be opposed. The Alderman indicated that he had spent some time in the Glenvte~ area, and had counted the number of aircraft overhead within one hour. During this hour, eleven helicopters were seen, howeve~ twenty-four other aircraft were flying around the City. The Alderman felt that if the City was going to restrict this one Croup, why would other types of aircraft still be permitrod to fly. Alderman Chessman also advised that the new helicopters have three blades -5- and don't make the whipping noise the older machines did. The machines also have an enclosed fuselage which also provides for quiter operation. The Alderman pointed out that Glenview is only one area of the City, and he hoped that other residents from the rest of the City would also attend the meeting. Alderman Cummings stated that he had received complaints from other areas of the City, not just Glenview. The Alderman also commented that during the summer months residents would like to sit outside and enjoy the warm weather, however the noise from helicopters is extremely irritating. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. AGREEMENT WITH NIAGARA FRONTIER HUMANE SOCIETY FOR ANIMAL CONTROL Report No. 354 - Finance Committee - The report recommends passage of a by-law to authorize. the revised agreement between the City and the Niagara Frontier Humane Society providing for animal control during 1980. Alderman Cheesman provided background information regarding the Finance Committee's involvement in arriving at an agreement with the Society. Alderman Dilts indicated that he was opposed to the deletion of the section of the agreement proposed bythe City Solicitor regarding compliance with applicable Federal, Provincial and municipal laws. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Dilts voting contrary to the deletion of Clause (f) of paragraph 3, and all others voting in favour. It was moved by Alderman Merrett, seconded by Alderman Hinsperger, that the following reports be moved forward for consideration at this time. Carried Unanimously. REPORTS No. 355 - Planning & Development Committee - Re: Zoning Amendment Application AM-11/80, F. Pingue and Provincial Gas, South Side McLeod Road, East of Provincial .Gas Co. Building. The report recommends approval of the application subject to a site plan agreement to include landscaping at the back of the proposal and along the east side of the proposal, and that frosted windows be used at the rear of the proposal to ensure privacy to adjacent owners. Mr. J. Parent was granted permission to address Council on the motion of Alderman Hinsperger, seconded by Alderman Cummings. Mr. Parent stated that he was a resident of the subdivision which abuts the parking lot and Mr. Pingue's property. One of his neighhours who lives next door, had complained about the possible noise factor with the entrance way on her side, and Mr. Parent asked if it would be possible to reverse the plans so that the driveway would be located on the other side. Mr. Pingue indicated that he wasnot opposed to considering such a change in the site plan. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-.law 80-12~ NOTE: Aldermen Fera, Graaskamp and Orr retired from the meeting, No. 356 - Planning & Development Committee - Re: Zoning Amendment Application AH-3/80, 6434 Stanley Avenue and Portage Road, Galco Holding Ltd. The report recommends approval of the application. ORDERED on the motion of Alderman Herrerr, seconded by Alderman-Hinsperger, that the report be received and adopted.. Carried Unanimously. See By-law 80-122 No. 357 - City Manager - Re: Maple Leaf Village Limited, Proposed "Maple Leaf Village" Signs on Former Oneida Tower.' The report advises of an application by Maple Leaf Village Ltd. for permission to erect signs on the former Oneida Tower. Nr. J. Hamblet of Neon Products, was granted permission to address Council on the motion of Alderman Nerrett, seconded by Alderman Cummings. Nr. Hamblet advised that the sign is composed of open channel letters of red neon on a white background. The sign would be a steady burn display (not flashing), simply identifying the premises. Mr. Hamblet stated that it was his client~s intention -6- to arrange and maintain a service agreement to keep the sign in good working order. ORDERED on the motion of Alderman Hiusperger, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. UNFINISHED BUSINESS - Con't.. PROPOSED BILLIARDHALL LICENCE Mayor Thomson referred to an application for a billlard hall licence at the Drummond Square plaza that had been tabled by Council at the previous meeting, and indicated that the applicant's solicitor had requested to address Council on the matter. The Mayor explained that Council had made a comsitment to the residents and businesses of the area that the situation at the plaza would be reviewed within one month to see if problems with loitering and vandalism had improved. Mayor Thomson felt that it would be difficult for Council to mmke. a decision now because of that conmitment. Mr. P. KormOs, solicitor for the applicant, advised that the licence was a matter of some urgency for his client, because of substantial investment.~ made in a lease and fixtures for the business. Mr. Kormos suggested that a meeting be arranged with the appropriate people from the plaza and area as quickly as possible to discuss the situation. Mayor Thomson felt that an informal meeting with the business operators and residents in the area should be arranged prior to the next Council meeting, so that a decision could be made by Council. Alderman Merrett felt that this was the course of action to be followed because of the commitment given to the residents. Mayor Thomson stated that when a previous meeting had been held with people from the area, it had been his impression that Mr. LaPenna would not be pursuing the license. Mr. Kormos advised that it had not been his client 'si~ intention to withdraw the application. Mr. LaPenna's fat~r provided additional information on the matter. DELETION OF LOCAL IMPROVEMENTS ON PETTIT AVENUE AND CONTRACT R.C. 9-80 EXTENSI[ Report No. 358 - City Manager - The report recommends: 1) That section A Storm Sewers and Road Reconstruction on Pettit Avenue from Doreen Drive to Glengate Street be deleted from Contract R.C. 9-80 (tender amount $110,514.50); 2) Tha~ a new Section A be included in the contract containing the following works storm sewers and road reconstruction on Judith Avenue from Swayze to Atlas andI on Atlas from Judith to Sinnicks, and storm sewer on Swayze Drive from approximately the CNR tracks to Judith Avenue; 3) the City Solicitor be and Communications thanking its staff for the excellent co-operation and help received'on the matter.- Alderman Cummings indicated that he was not opposed to having the Pettit Avenue work deleted, however he was not in favour of transferring the contract~ prices to other work. In response to a question raised by Alderman Cummings~ the Deputy Solicitor indicated that Council could extend the prices if it chos~ to do so. Mayor Thomson commended staff for resolving the matter so q~ickly. The Design & Construction Engineer provided additional information 'in response to questions raised. Alderman Schisler asked if the residents on the other streets had been notified of this work. The Design & Construction Engineer stated that to his knowledge~ the proper notification procedure had been followed, however there was no guarantee that the residents would not approach~ Council with a request similar to the residents on Pettit Avenue. Mayor Thomson asked if the works were petitioned by the residents. The Design and Construction Engineer stated that the work was initiated by the City as a result of complaints by residents. · ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman C:m~nings voting contrary, and all others in fayour. CON~NICATIONS No. 121 Chippaws Ladies 81o-Piteh League ReI Annual Tournament, - ~ August -7- 1980. The communication requests permission of the City to serve alcoholic beverages in conjunction with the annual tournament at the Niagara South Recreation Complex. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Schisler, that the request be granted in accordance with established policy. Carried Unanimously. No. 122 - Great Lakes/Seaway Task Force - Re: Purpose of the Task Force. The communication explains the Task Force purpose, composition, the public meetings arranged throughout the Province, and the procedure for submitting briefs. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 123 - Niagara Transit - Re: Increase in Transit Commission Remuneration. The communication requests Council's permission to increase the honoraria from $1,200 to $1,500 for members and from $1,200 to $1,800 for the chairman. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the request be approved. Carried Unanimously. No. 124 - Regional Municipality of Niagara - Re: Portage Road Bridge over HEPC Canal. The communication extends an invitation to the Council to meet with the Regional Public Works & Utilities Committee to further discuss the final disposition of the Portage Road bridge over the HEPC Canal. During discussion on this item, several members of Council felt that the meeting should be held in the evening for the convenience of members, local residents and business operators. It was also suggested that the meeting be arranged in Niagara Falls. ORDERED on the motion of Alderman Marrett, seconded by Alderman Cummings, that the Regional Public Works & Utilities Committee be requested to meet with the Council on August 28, 1980 at 5:00 p.m. in Niagara Falls. Carried UnanimoUsly. No. 125 - Mr. B. Oliveira - Re: Canada. The communication encloses a poem written and dedicated to a new and renewed Canada. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 126 - International Joint Commission - Re: SCA Treatment Plant. The communication provides information on requests made by the Commission to the governments of Canada and the United States regarding the achievement of water quality objectives in the Great Lakes called for under the 1978 Great Lakes Water Quality Agreement. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. REPORTS 'No. 359 - City Clerk - Re: AM-11/79, Restricted Area By-law 79-154, G.A. Romeo Construction Ltd., Proposed Motor Inn on River Road. The report advises that the Ontario Municipal Board has appointed Monday, August 18,.1980 at 11:00 a.m. in City Hall Council Chambers for the hearing of all parties interested in supporting or opposing the subject application. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report he received and filed. Carried Unanimously. No. 360 - City Manager - Re: Site Plan Approval, Proposed Family Park, Regency Motor Hotel, 8128 Mountain Road. The report recommends approval of the subject site plan, subject to certain conditions. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the report be received and adopted, and further that the Recreation Commission be advised of the additional recreational facilities to'be developed in the family park. Carried Unanimously. No. 361 - City Manager - Re: Objections to Official Plan Amendment No. 97, M.T.C. gutplus Lands, Q.E.W. and Lundy's Lane. The report recommends that consideration be given to the alternative Official Plan land use designations as suggested in this report for the surplus M.T.C. lands on the corner of Lundy's Lane and the QEWand that staff be directed appropriately. The Planning Director provided a brief history of the matter, and advised that while the M.T.C. was not pushing the issue, the Ministr.tes of Housing and Environment were still quite concerned about noise from the Q.E.W. Since Council had supported the area residents~ request for a residential development, -8- the Planning Director indicated that he would approach the Ministry of Housing to have the alternatives suggested limited more to residential. Mayor Thomson suggested that the area residents be contacted in the matter, particularly Mr. Pasquet who had expressed concern over the type of 'development to be permitted. The Planning Director agreed that Mr. Pasquet could be contacted, and commented that the Ministry of Housing might be willing to permit residential even though there would be a lot of requirements.' ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be tabled and that the Ministry of Housing be contacted by the Planning Director concerning residential development of the site. Carried Unanimously. No. 362 - City Manager - Re: Lot 24, Falls Industrial Park Extension. The report recommends that Council approve a request for reserve from Marquis Construction Ltd. on Lot 24, Registered Plan M-67, until August 22, 1980. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 363 - City Manager - Re: Valley Way West Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the City of Niagara Falls concurs with a three month extension of draft plan approval to November 16th, 1980 in respect to the proposed Valley Way West Subdivision. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the report be received'and adopted. Carried Unanimously. No. 364 - City Manager - Re: Proposed "Calaguiro Estates" Subdivision. The report recommends that staff be authorized to engage the consulting engineeri~ firm of Delcan DeLeuw Cather Canada Limited to provide the necessary engineerS' services in connection with the proposed "Calaguiro Estates" Subdivision. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 365 - City Manager - Re: Co-operative Tender, Gasoline, Diesel Fuel and Lubricants. The report recommends that the second low bidder, Gulf Oil Compan~ be awarded the tender at $0.2286 per litre for regular Meeoline and $0.2426 litre for unleaded gasoline, and acceptance of the second low bidder Gulf Oil~ Company for Diesel Fuel at a price of $0.2286 per litre. ORDERED on the motion of Alderman Dilts, seconded by Alderman Sobol, that the report be received and a~opted. Carried Unanimously. No. 366 - City Manager - Re: Painting, Niagara Falls Arena. The report recommends that Trayart Painting Limited be awarded a contract in the amount of $6,370.00 for painting at Niagara Falls Arena. ORDERED On the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received andadopted. Carried Unanimously. No. 367 - City Manager - Re: Proposed Addition to Niagara South Arena. The report recommends: I) That all quotes received for the proposed addition to the Niagara South Arena be rejected at this time; 2) That funds allocated in the budget for this work be put in a reserve account for future use; 3) That staff be directed to review the plans prepared by the architect, with a view to modify or alter the same in order to bring the cost of the proposed works down to a more reasonable amount, and additional funds, if necessary, be included in 1981 Operating Budget for the consideration of the Finance Comm4 tree and Council; and 4) That public tenders be called for the proposed construction when it is decided to proceed with this work again. The City Manager and Projects & Services Engineer provided additional information in response to questions raised. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 368 - City Manager - Re: Canadian Cancer Society - Terry Pox Day. The report recommends that the City donate $100 towards the efforts being made by Terry Fox to attract donations for cancer research. Mayor Thomson urged the members of Council to attend the civic welcome to be held for Terry Fox at City Hall on July 12, 1980. Alderman Cunmings stated that he could not support the donation being made, since the City had already approved a grant to the Cancer Society in the operating budget. ORDERED on the motion of Alderman Metrate, senonded by Alderman Hinsperger, that the report be received and adopted. The motion Carria~ With Alderman Cummings voting contrary, and all others voting in fayour. -9 - No. 369 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 370 - City Clerk - Re: Resolutions from Other Municipalities. 1) Regional Municipality of Ottawa-Carleton - Requesting the Pr6vince of Ontario to undertake an extensive education program to inform motorists of recent amendments to symbolic traffic signs. Recommendation - That the resolution be endorsed. 2) Regional Municipality of Ottawa-Carleton - Requesting the Province of Ontario to amend the Highway Traffic Act to permit the Regional Municipality of Ottawa Carleton to experiment with traffic control devices for pedestrian cross-overs. Recommendation - That the resolution be received and filed, that the action taken by the Ontario Traffic Conference in requesting legislation which would allow experimental forms of traffic control where considered advisable by the Minister of Transportation & Communications be endorsed, and Ottawa-Carleton so notified. 3) City of Brampton - Requesting the Province to assume the additional cost incurred by municipalities as a result of the retention of the two-year term of office. Recommendation - That the resolution be received and filed. 4) City of Oshawa - Requesting the Provincial and Federal Governments to implement measures to combat high mortgage interest rates. Recommendation ~ That the resolution be endorsed. 5) City of Kitchener - Requesting tax credit be given for contributions made to the campaigns of municipal politicians. Recommendation - For the consideration of Council. 6) Township of Onondaga - Requesting the HOE to continue research and all other efforts to eliminate P.C.B.'s by way of disposal by burning or otherwise. -Recommendation - That the resolution be endorsed. 7) City of Welland - Requesting the Minister of Revenue to ensure that the size of assessed land is shown on the 1980 Assessment Rolls. Recommendation - That the resolution be endorsed. 8) Town of Dunnville - Requesting the Federal and Provincial governments to establish a special reserve fund and adopt a uniform policy or criteria for its administration. Recommendation - That the resolution be endorsed. 9) City of Burlington - Requesting the Province to allow the apportionment of regional and school board costs in 1981 based on the new equalization factors without any constraints and grants be made available to phase out any adverse fiscal impact on municipalities. Recommendation - That the resolution be endorsed. 10) Town of Latchford - Petitionlug the Ministry of Education to review its system of funding school busing. Recommendation - Refer to Niagara South Board of Education with a request that they consider the matter and forward their comments to the Ministry of Education and the Town of Latchford. 11) City of Waterloo - Requesting the Income Tax Act be amended to allow campaign expenses incurred by a candidate for municipal office as a deductible item for income tax purposes. Recommendation . For the consideration of Council. With respect to the resolution from Oshawa regarding interest rates, Alderman Mackenzie stated that he did not feel it was the government's place to get involved in legislating interest rates. The Alderman explained how the government had provided grants and financial assistance to'persons with low incomes enabling them to purchase homes. These programs put people in houses they could not really afford, and further government intervention would only force others to subsidize a lifestyle such persons could not afford in the first place. ORDERED on the motion of Alderman Mackenzie, seconded by Alderman Chessman, that the resolution from Oshawa be received and filed. The motion Carried with the following vote: A~E: Aldermen Cheesman, Cunnings,.Dilts, Hinsperger, Schisler and Mackenzie. NAYE: Aldermen Merrett and Sobol. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilta, that the resolutions from Kitchener and Waterloo be endorsed. Carried Unanimously. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the belance of the recommendations contained in the report be received and adopted. Carried Unanimously. No. 371 - Mayor Thomson - Re z Designation of Parking Areas for Handicapped Persons. The report recommends that the question of designating parking areas - 10 - for the vehicles of handicapped persons be referred to staff for the preparation of a report including the possibility of car stickers with the universal Handicapped Logo being issued to them from City Hall in order that the spaces could be policed by Commissionaires. Alderman Herrerr advised that he had spent some time at the Ontario Traffic Conference investigating this matter, and he had intended to have it placed on the agenda of an upcoming Municipal Parking & Traffic Conmittee meeting. The Alderman requested that the matter be referred to the Counnittee for consideration prior to preparation of a staff report. Alderman Cummings requested that a copy of any material available on this subject be forwarded to the Social Planning Council for information. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman, that the report be referred to the Municipal Parking & Traffic Conunittee, and further that any available material on the. matter be forwarded to the Social Planning Council. Carried Unanimously. No. 372 - Alderman P. Cummings - Re: Contract of Employment, Promotions and Facilities Co-ordinator. The report recommends: 1) That the contract be for a two-year term commencing July 14, 1980; 2) That the method of calculating commissions as outlined in the report, be incorporated into the contract of employment; 3) That a car allowance be paid of $250 per month (no mileage); that OHIP, Semi-private Hospital coverage, Extended Health Care coverage, Dental coverage and Group Life Insurance with A.D. & D. $20,000 coverage be provided by the City based upon single coverage; and 5) approval of the position description outlined in the report. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Hinsperger, that the report-be received and adopted. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, thee' leave be granted to introduce the following by-laws, and the by-laws be read first time: No. 80-120 - A By-law to authorize: 1) the sale and conveyance of a closed up · portion of Cotfield Street; and 2) a grant to the Regional Munic~ of.Niagara- No. 80-121 - A By-law td authorize an agreement with Niagara Frontier Humane Society respecting animal control services. No. 80-122 - A By-law to amend By-law No. 2530, 1960 of the former Township ot Stamford, now in the City of Niagara Falt~, as amended, and By-lz No. 79-200. (AM-3/80, Galco Holdings) No. 80-123 - 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, and By-1 No. 79-200. (AM-11/80, Frovincial Gas and F, Pingut) No. 80-124 - A By-law to deem registered plans not to be registered. (As amenc by Council - See Page 2) No. 80-125 - A By-law to provide monies for general purposes. No. 80-126 - A. By-law to provide for the remuneration-of the Mayor. No. 80-127 - A By-law to. provide for the remuneration of th~ me.mbers of the Council. No. 80-128 - A By-law to amend By-law No. 3790, being a by-laW for the regula~ of traffic. (Gladstone Avenue) No. 80-129 - A By-law to amend By-law No. 6340 providing for the erection of .yield right-of-way signs at certain intersections in the municip~ (President Dr., Appleford Ave., Olden Ave., Westfield Dr., North' Dorset Pi., Mount3ey Crt.~ Nerte Circle, Wiltshire Blvd., Fadrws.~ Rd. and Prior Cr.) No. 80-130 - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Elbe~ta Ave,, Mugg~ 8t.e Belfast Ave. and Skinner St.) - 11 - No. 80-131 - A By-law to amend By-law No. 73-159, as amended, respecting the fencing of privately owned swimming pools. Carried Unanimousl~ ORDERED on the motion of Alderman Dilts, seconded by Alderman Sobel, that the following by-laws 'be now read a second and third time: No. 80-120 - A By-law to authorize: 1) the sale and conveyance of a closed up portion of Corfield Street; and 2) a grant to the Regional Municipality of Niagara. No. 80-121 - A By-law to authorize an agreement with Niagara Frontier Humane Society respecting animal control services. No. 80-122 --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, and By-law No. 79-200. (AM-3/80, Galco Holdings) No. 80-123 - 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, and By-law No. '79-200. (AM-11/80, Provincial Gas and F. Pingue) No. 80-124 - A By-law to deem registered plans not to be registered. (As amended by Council - See Page 2) No. 80-125 - A By-law to provide monies for general purposes. No. 80-126 - A By-law to No. 80-127 - A By-law to Council. provide for the remuneration of the Mayor. provide for the remuneration of the members of the No. 80-128- A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Gladstone Ave.) No. 80-129 - A By-law to amend By-law No. 6340 providing for the erection of yield right-of-way signs at certain intersections in the municipality. (President Dr., Appleford Ave., Olden Ave., Westfield Dr., North Dorset P1., Mountjoy Crt., Harts Circle, Wiltshire Blvd., Fairway Rd. and Prior Cr.) No. 80-130 - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Elberta Ave., Huggins St., Belfast Ave. and Skinner St.) Carried Unanimously NEW BUSINESS SPEED OF BOATS ON WELLAND RIVER Alderu~n Herrerr questioned whether any progress had been made in having speed limits established on the Welland River. Mayor Thomson indicated that he had received some correspondence on the matter and it now appeared as though the restrictions would not become effective during this year's boating season. The Mayor advised that signs cautionlug boaters about speeding. PARKING DOWNTOWN Alderman Herrerr referred to an editorial appearing in the evening newspaper criticizing the Parking Committee for having a lack of understanding in dealing with parking for development in the downtown. The Alderman stated that no commit- tee was more aware of the needs of the downtown, and the newspaper had incorrectly sccused the Parking Committee of throwing up its hands in disarray and sitting idly by for several weeks. Alderman Herrerr further stated that the Parking Committee did not know about this situation, and if the newspaper had bothered to call any member of the committee, this information would have been confirmed. The Alderman advised Council that the matter has been placed on the next agenda of the Parking Committee~ and suggested that in future, such matters be referred to the Committee. The Planning Director indicated that the matter, which had been dealt with by the Committee of Adjustment, would be considered by the Planning & Development Committee and reported to Council, CASINO GAMBLING Alderman Cummings advised that Mr. F. Drea, Minister of Consumer and Commercial relations~ had addressed the special committee of the Social Planning ..... 12 - 12 - Council regarding casino gambling. The Alderman noted that the matter had gained quite a bit of attention in the recent past. CUTTING OF WEEDS ON CITY PROPERTY Alderman Cummings referred to an editorial in the evening newspaper criticizing the City for uncut weeds in parks and on City-owned properties, which called for action by those persons responsible. The Alderman felt that the blame should not be placed on staff who were doing the best they could. Alderman C.mmtngs noted that if any responsibility is to be placed, it should be with the people setting the park system budget - Finance Committee and Council. The Alderman conmented that if City parks are to be kept in their natural beauty, more money will have to be spent in order to do the Job correctly. HISTORICAL BATTLEFIELD SITE - LUNDY'S LANE Mayor Thomson advised that he had received a letter from Mr. D. Beardmore, of Manan Avenue regarding the preservation of lands on the north side of Lund~' Lane at Drun~mond Hill where the battle of Lundy's Lane was fought during the 'f war of 1812. The Mayor provided a brief history of attempts in the past to have the lands in this area designated as historical park sites. The Mayor asked that Council support a further attempt to contact the various governmentF authorities to see if funding is available to have the area designated as an historical site. It was moved by Alderman Cummings, seconded by Alderman , Merrett that Mayor Thomson be authorized to contact the appropriate authoriti regarding designation of the Lundy's Lane Battlefield area as an historical site. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Cheesman, that the meeting adjourn. Carried Unanimously. READ~PTED, MAYOR WAYNE THOMSON TWENTY-EIGHTH MEETING Committee Room #1 July 21, 1980 COMMITTEE OF THE WHOLE Council met on Monday, July 21, 1980 at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. k ~ ~ ~ READ AND ADOPTED, MAYOR WAYNE THOMSON REGUL~ m_ ,. ~' ' Council Chambers July 21, 1980 Council met on Monday, July 21, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Merrett, seconded by Alderman Ninsperger, that the minutes of the meeting held on July 7, 1980, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS APPLICATION FOR BILLIARD LICENCE - DRUMMOND SQUARE, 4465 DRUMMOND ROAD Report No. 373 - City Clerk - The report recommends that Council hear those persons who wish to speak in support of, or in opposition to the granting of a billtard licenee to Messrs. F. & M. LaPenna. Mr. P. Kormos, solicitor for the applicants, was granted permission to .address Council on the motion of Alderman Cheesman, seconded by Alderman Dilts. Mr. Kormos stated that the question of the application for a license was straight forward and clear.' With respect to problems being experienced by area businesses and residents, Mr. Kormos indicated that little of what he had to say would deal directly with the grievances and complaints raised, since the application forthe licenee was not related to the problems. Mr. F. Spadafora was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Hinsperger. Mr. Spadafora, owner of the Pizza Palace Restaurant, indicated that he was opposed to the pool hall opening at the plaza. While Mr. LaPanna was not being blamed for the problems residents have had in the past, Mr. Spadafora was concerned that these problems would arise again in the future. Mr. Spadafora also commented that he would consider moving his business elsewhere if the pool hall were permitted to operate in the plaza. Mr. E. Rampado was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Ntnsperger. Mr. Rampado, who was speaking on behalf of area residents, indicated that the residents have been subjected to trespass, vandalism, abusive language, drinking and noise, especially in front of the plaza. Because of the meetings that were held, Mr. Rampado advised that the residents feel the problems are subsiding. Mr. Rampado felt that opening a pool hall in the plaza would only compound the problems and would be unfair to the residents and business operators who have invested money in their properties. ' -2- Mr. R. Lawrence of Skate Town, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Chessman. Mr. Lawrence stated that the majority of his clientele were children under the age of fourteen. Mr. Lawrence indicated that vandalism to his property 'has amounted to nearly $12,000, and he did not want to have that problem again. Mr. Lawrence stated that if the pool hall were allowed to open, he would consider moving his operation out of the plaza. Mr. Kormos stated that Mr. LaPenna was a life-long resident of Niagara Falls, and has invested $14,000 of his own money and committed himself to a ten year lease in a plaza which has never had full occupancy. It was pointed out that Mr. LaPenna had followed the proper procedure both in renting the premises and applying for the billiard hall licence. Mr. Kormos stated that since billlard halls were included under the schedules of the licensing by-law! they must be considered to be acceptable businesses by Council. Mr. Kormos urged Council not to confuse its political and administrative functions and deal with the licenee application as an administrative function. The requirements set down in the licensing by-law were reviewed by Mr. Kormos and it was pointed out that no issues had ever been raised regarding Mr. LaPenna'sf business skills, moral fibre or his capability of operating the business. Mr. Kormos found it distressing that Council would undertake to make a decisi0:~ on the application based on the information available. It was pointed out that Council should be encouraging young businessmen in the City, particularly{ when employment will be created. Mr. Kormos felt that to comply with the by-law, Council should make a decision on the licence based on reports from such agencies as the Fire Department, Police Department, Health Unit, etc., and not ad hoc committees or members of the community. In summary, Mr. Kormos,J asked that Council abide by the rules it itself has created and not make up new rules as it goes along. Mr. Kormos provided additional information in response to a number of questions raised by members of Council and area residents. Alderman Merrett referred to the problems being experienced in the area and pointed out that it was the type of business involved and not Mr. LaPenna business reputation that was in question. The Alderman felt that Council had an obligation to protect the interest8 of the people in-4he area, and for thai reason he felt the application should be denied. Alderman Sobel pointed out that Council not only had its administrative function to consider, but all the facts involved in any kind 6f application. The Alderman felt that the use an ad hoc committee had been ~ valuable tool in getting the public together, and that in such situations, Council could not simply look at the matter as paper work. Alderman Chessman noted that the matter of granting the licence was not simply an administrative function, and the fact that an application had been made did not mean that the Council was obligated to grant a license. The Alderman stated that no one was suggesting that Mr. LaPenna was responsible for or connected with the problem at the plaza. Alderman Chessman commented that Council would be doing the applicant a favour by denying the application, because the location was not the best for the type of business involved. Alderman Cummings felt that while Mr. LaPenna might be very capable of running a billiard hall operation and controlling problems within his own facility, a lot of the problems are with the people who have been put out of such facilities for causing trouble. Alderman Hinsperger stated that. while he sympathized with the motion, Council was only dealing with one particular application and not the problemsi associated with pool halls and arcades in general. The Alderman felt Council' should at some time consider restricting pool halls and arcades to partiuclar~ areas', subject to Council approval. Alderman Fera felt billlard halls tend to attract the type of people whose behaviour leaves much to be desired. The Alderman also expressed concern that the owners of the plaza seemed to be doing very little and in fact, were going along with the problem by leasing space to. a billiard hall. In response to a question raised by Alderman Graaskamp, the Deputy City Solicitor advised that Council had a wide discretion under the Municipal Act to refuse to issue a licence. The Deputy Solicitor stated that he had diecussed with Council previously the legal aspects of denyiug a business licence, and felt that he should not 8o into the matter in detail, unless - 3 - Council wished to discuss it again in Committee of the Whole. Alderman Graaskamp stated that he was concerned about the problems in the area, but in order to prohibit certain establishments from getting licences, the by-law would have to be changed to exclude these types of businesses in certain areas or make approval subject to special consideration. The Alderman felt that Mr. LaPenna had not created any problems and it was only the fears of Council and the residents that something would happen that was causing difficulties. Alderman Graaskamp also felt that part of the problem was caused by the fact there was little police protection in the City. The Alderman felt that Council should attempt to stop the vandalism with proper police protection and grant the licence unless there was legal reason not to. Alderman Schisler pointed out that the licenee could be granted and revoked at a later date if problems continued or increased. The Alderman suggested that providing such a fac'ility in the area could actually help in keeping the people off the streets. Alderman Mackenzie felt that people were equating crowds and vandalism with pool halls, which was not the case. If the vandals were forced away from the plaza, they would only go to another area and the problem in general was . not being solved. The Alderman commented that Council was trying to legislate a social problem through zoning by-laws. Alderman Mackenzie stated that by denying the application the City loses, Mr. LaPenna loses and the vandals win. Following further discussion, it was moved by Alderman Merrett, seconded by Alderman Cummings, that the application be denied. The motion Carried with the following vote: ~YE: Aldermen Chessman, Cummings, Dilts, Fete, Hinsperger, Merrett, Puttick and Sobel. NAYE: Aldermen Graaskamp, Orr, Schisler and Mackenzie. APPLICATION OF PAN-AIR HELICOPTERS LIMITED Report No. 374 - City Clerk - The report recommends that Council review the communications and presentations made with respect to an application of Pan-Air Helicopters Limited for permission to operate a helicopter base from a site previously used by Niagara Helicopters Limited, and direct Staff as to whether an Intervention should be filed with the Air Transport Committee on behalf of the Municipality. Mr. R. Campbell was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Merrett. Mr. Campbell indicated that he was representing the Niagara Citizens Committee which objected to the helicopters. Among the points of concern raised by Mr. Campbell were: noise from the helicopters bouncing off the walls of the gorge and the potential hazard if the walls began to weaken; congestion of the air space over Glenview which presents the threat of collision; and danger to the residents below in the event of mechanical failure. Mr. Campbell stated that the residents were not interested in running Pan-Air out of business, and suggested that the firm stick to student training in only unpopulated areas. A petition bearing one hundred and seventy-eight signatures in opposition to the helicopters was presented by Mr. Campbell. Mrs. J. Blair was granted permission to address Council on the motion of Alderman Herrerr, seconded by Alderman Hinsperger. Mrs. Blair indicated that she had prepared and submitted a written record of aerial flights over her home during a five day period. During the times when Mrs. Blair was able to work on the record, three hundred and sixty-eight helicopter trips took place in addition to sixty-seven other aircraft. As Mrs. Blair pointed out, this proved that there was almost continuous aircraft noise in the area. Mrs. Blair indicated that she did not want the business closed down, but moved to a different location. Mr. T. Franklin was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Hinsperger. Mr. Franklin provided a brief history of the problems residents On both the Canadian and American sides of the gorge have experienced with respect to helicopters. While earlier in the year the problem had appeared to resolve itself, Mr. Franklin noted that the problem still exists. Although the residents were not opposed to the business or-a little noise occasionally, Mr. Franklin pointed out that during the last long weekend, at no time during the day could helicopters not be heard. -4- Mr. E. Clifford, solicitor for Pan-Air, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Cheesman. Mr. Clifford advised that the type of helicopter used by Pan-Air was very quiet compared to the previous machines. With respect to the reasons outlined by Mr. Campbell for eliminating the helicopters, Mr. Clifford pointed out there are aircraft flying over the City all the time, and it would be unrealistic to believe that the total elimination of helicopters would prevent the problems suggested. In regard to the comment that the business could continue but not where helicopters could be seenor heard, Mr. Clifford stated that this would work at the moment, but there was no guarantee it would in the future. Mr. Clifford explained that what was involved was a transfer of a licence from one existing business to another existing business. To suggest that the company was unreliable was unrealistic and Mr. Clifford stated that Pan-Air has been more co-operative than any of its predecessors in co-operating to eliminate difficulties. Mr. Clifford also stated that Pan-Air would operate a year- round business, a training school together with the tourist aspect, and could guarantee a fair amount of income to the City in taxes. Mr. Clifford comment~ that the business deserved more to be encouraged than discriminated against by Council's intervening. It was also pointed out that the intervention couh be at great expense to the taxpayers, and FAr. Clifford indicated that a great many of the taxpayers have expressed support rather than opposition. Mr. A. Shoppard, solicitor for the vendor in the transaction, was granted permission to address Council on the motlon of Alderman Chessman, seconded by Alderman Cummings. Mr. Shoppard suggested that it would be helpful to Council to step back and look at the whole issue in perspective. With regard to the intervention, Mr. Shoppard advised that under Section 27 of The National Transportation Act, Council had no authority or power to intervene. Mr. Shoppard stated that an intervention would result in a lengthyl costly procedure, placing a burden on all taxpayers. At such an intervention,j evidence would be produced to the effect that the helicopters presently in Mr. Sheppard also commented that Niagara Falls was a tourist-oriented town and regardless of where people lived, it should b~ =~membered that the tourist industry almost cuts tax bills iu half. In response to a question raised by Alderman Puttick, Mr. Sheppard stated that according to The National Tranpsortation Act, the A.T.C. is tO hear matters relating to the conduct of heavier than air machines. The Act provides that 'railway companies commodity pipelines and ~ransportation undertakings may lodge an intervention.= On that basis, Mr. Shoppard felt it was not Councilss function to intervene. Alderman Puttick disagreed that Council did not have the right to intervene and suggested that the Cityss local Member of Parliament be requested to look into this matter. The City Clerk stated that the notice from the A.T.C. stated that "any person or association or other body representing air transportation undertaki may intervene. The Clerk advised that on checking wlth the Licensing Divisio~' of the A.T.C., he had been told by the head of that Division that in his opinion, the Municipality had a right to file an intervention. Mr. Shoppard stated that he too had called Ottawa, and while the A.T.C. had agreed wlth his interpretation, it was felt that the Board would overlook this fact and for public reasons allow interventions by municipalities. Mr. Clifford felt that there was no.,question the Municipality had a right to intervene, however it was a question of the grounds of the intervention. Mr. 'Clifford suggested that the Board would not pay a great deal of attention to grounds such as noi~ pollution. During the discussion that followed, Mr. A. Connora, Mr, I~ Fisher, Mr, J. Dawson, Mr. B, Arnold, Mr. ]. Peters and Mr, J. Johnson provided additional information and expressed their opinions ~n the ma~ter. Hayor Thomson stated that Council must make a dec18ton on whether or not to lodge an intervention. The Hayor noted that during the la8t ten or twelve years, Council had never had an opportunity to be heard by an expert body who? Job it would be to determine whether or not the operation was valid, and to make suggestion8 or changes to improve the situation. ~ayor Thomson pointed ~out that vhile there was no question the residents were concerned, many ~people would not be alive today because of the helicopter firm~s assistance '~n rescue operations. It was moved by Alderman Craaskamp, that Council not file an interventi~ on the grounds the City does not have Jurisdiction. Alderman Craaskamp questt -5- the cost that could be involved if the City were to intervene, particularly when the City did not appear to have Jurisdiction to file an intervention. While the Alderman sympathized with the residents, he stated that he was more concerned with the rights of other people and the laws on the books. Alderman Graaskamp suggested that Council take the long range attitude and · see what could be done after the tourist season, to prevent such problems in the future. Mayor Thomson pointed out that if Council waited until after the tourist season, it would be too late to file an intervention since the deadline was July 29, 1980. Alderman Cheesman seconded the motion to not intervene. With respect to the residents, Alderman Chessman accepted that their concerns were genuine, however he appealed to Council to take the global view and keep in mind the interests of all citizens. The Alderman felt there was far more at stake than Just the closing of one business in response to the complaints of many people. If the Council could move against Pan-Air and diminish the firm's property rights, then it could move against anyone owning property in the City. Every property which was correctly used according to its zoning and every licenee holder who operates his business in accordance with the terms of the licenee, would be placed in double Jeopardy. Alderman Chessman stated that if Council were to intervene in the transfer of the licence, it would be one of the most arbitrary and discriminatory actions to be taken by the City. The Alderman stated that the real question was not whether helicopters make an objectionable noise, but rather what noise helicopters make as compared to other noise sources in the City such as other aircraft, railway trains, transportation vehicles on the Q.E.W., etc. 'If Council were to take away the license of Pan-Air, the Alderman felt no business holding a licence in the City would be safe. Such a form of retroactive down zoning would not be an appropriate message to be sending out to companies thinking of locating in Niagara Falls. With respect to property values, Alderman Chessman reminded Council that the statement property values would decrease was merely an assertion and there was no evidence to this effect. If one considers the work done in that part of the City under the N.I.P. and R.R.A.P. programmeg, the Alderman felt that property values could only have increased during the past few years, and since Pan-Air has replaced the old helicopters by more modern and quieter equipment, property values must have increased since Pan-Air had been in town. The Alderman felt the words "we object" were not enough to submit to the A.T.C. The A.T.C. would be looking for facts and evidence, not claims and assertions. Alderman Cheesman outlined a number of ~uestions that . could be raised at the hearing, and suggested that once the Chairman heard the answers, he would grant the licenee transfer. In summary, Alderman Cheesman requested that Council keep the sound of helicopters in relationship to other sounds in the City, and not exclude the other sounds. Mayor Thomson took exception to the suggestion that Council might move against any other type of business in the future, and pointed out that during the earlier consideration . of a pool hall licence, Alderman-Cheesman had voted for denial of the licenee on the basis of complaints from area residents. Alderman Cheesman stated that in that matter, the applicant did not have a licenee at the moment, while · in .this case, the business has a license an4 is now functioning. Alderma~ Merrett stated that the company was operating only on a temporary licenc~. The Alderman stated that the hearing would give the City an opportunity to comment on a problem in existence over ten years, and he could not believe that'any agency would not take the Municipality's comments into consideration. As far as other businesses being in double Jeopardy was concerned, the Alderman stated that if there are businesses causing a problem, and through legal avenues the City had a chance to solve a problem, it was Council's responsibility to listen to the people in the area. Alderman Dilts felt that Council could not object to every problem that creates some discomfort, particularly if it will put people out of work. The Alderman referred to the smoke and odour problems experienced by residents of Chippaws, and pointed out that the residents are working with the industries to resolve these complaints. Alderman Fera stated that while some of these problems might exist in the City, some are not conducive to the well-being of the people in the community. The Alderman felt that the people were not complaining about the helicopters themselves, but the altitudes and flight patterns'followed, and suggested that an effort be made to compromise. Alderman Hinsperger stated that he had visited the operation and had stood directly beneath one o~ the helicopters while it was running and had been able -6- 7 to carry on a conversation. The Alderman stated that he would sooner see a flight pattern established that was acceptable and have some form of assurance that the pattern will be followed. The liceace should not be denied, but the A.T.C. made aware of the fact the City was against violations of the flight patterns and lower elevations. The Alderman suggested that Council intervene not to stop the licence, but to insure that proper flight patterns and elevations are maintained. Alderman Mackenzie stated that there is a term called expropriation without compensation, and it is a part of a continuing erosion of property rights. The Alderman suggested that us one would be happy if one day they had the right to do something and the next they could not, and felt that this was what would happen if the helicopters were stopped. Alderman Puttick stated that all previous Councils had supported the residents in their problems and had attempted to resolve them. At no time in the past had there been any objections by members of Council, or accusations that Council was trying to take the firm's litonce away. The intent had always been to reach a compromise. The Alderman stated that if Council missed the opportunity to at least try and get a compromise, th n the people in Glenview would have to live with thin problem indefinitely. Alderman Sobol suggested that when the intervention is lodged, it would be a good idea to establish a committee of residents and representatives' of the helicopter firm to sit down and reach an appropriate compromise. Alderman Schisler ntated that he could support the intervention only if it meant the firm would not be put out of business. Following further discussion, the motion by Alderman Graaskamp, seconded By Alderman Chessman, that the intervention not be filed, was Defeated with the following vote: AY.E: Aldermen Chessman, Dilts, Graaskamp and Mackenzie. NAY__E: Aldermen Cummings, Fete, Hinaperger, Merrett,. Orr, Puttick, Schisler and Sobol. It was then moved by Alderman C,mmings, seconded by Alderman Merrett, that the City file an intervention with the Air Transport Committee, and that a committee be established to monitor the situation an4 keep Council informed. The motion Carried with the following vote: Aldermen Chessmad, Cummings, Fera, Hinsperger, Merrett, Orr, Puttick, Sobol and Mackenzie. NAYJ: Aldermen Dilts, Graaskamp and Schisler. REPORT OF THE AD H0C GAMBLING/GAMING STUDY GROUP - CASINO GAMBLING Communication No. 127 - Social Planning Council - The communication outlines recommendations to the Council respecting casino gambling, monte carlo, bing0,i,' lottery and raffle operations, granting of municipal liceaces, granting of Provincial licenoes, penalrich, establinhment of a monitoring group and the possibility of this subject being placed on the ballot in November in the fo~n of a referendum. Mr, J. Walker of the Social Planning Council was granted permission to address Council on the motion of Alderman Conunings, seconded by Alderman Fete.! Mr. Walker reviewed the reco~nendations of the Ad Hoe Gambling/Gaming Study Group of the Social PlauninS Council. Following the reading of the recommend'~ tion8, Mr. Walker provided additional information in response to numerous ' questions raised by members of Council, Alderman Cummings referred to the recommendation regarding a monitoring co~ittee and advised that Mr. F. Drea, Minister of Consumer & Commercial '~elations has indicated that he would like to have this committee as part of 8 pilot project in the City. The Alderman commented that over $1 million had been Srossad by the various binSo operations in the City during 1979, and ~hat the City had not had any trouble with bingo operations. Alderms ' Cummings felt certain that if the "monte earls" events were allowed t~ contim{ ~here would be no problems since the service clubs would have everything to _~oee, including their names and reputa~ions, if problems occurred. Alderman Nerrett indicated that he was pleased with the conmtents in the ~evort regarding the monitorinS Broup and the minimum five year establishmentL ~ri~eria for local organizations as a condition of approval. This would prey '~l~-b~-~!~h~" ~peratora and ptote~ established ~h~rches ~t~d service clubs. .~.,7 Additional information was provided by Mr. Walker in reapones to questions rained by Aldermen Cheesman and Fera. Mr. Walker introduced the members of the study group who were in attendance at the meeting. Mayor Thomson thanked the members of the group for the excellent job done in such a short period of time, and noted that the Social Planning Council would likely remain involved in the matter through the establishment of the monitoring committee. Following further comment, it was moved by Alderman Cummings~ seconded by Alderman Graaskamp, that Council adopt the recommendations of the Ad Hoc Gambling/Gaming Study Group; go on record with the Provincial Government as being opposed to legalized professional, commercial "casino" type gambling; indicate that it is in favour of the continued operation of bingoes, lotteries and "monte carlo" events as they are operated now; and further that a Monitoring Group, as recommended in the report, be established. Carried Unanimously. It was moved by Alderroan Cummings, seconded by Alderman Merrett, that Council suspend the 11:00 p.m. adJournament as provided in the Procedural By-law, and continue in session. Carried Unanimously. PORTAGE ROAD REGIONAL BRIDGE OVER H.E.P.C. CANAL Report No. 375 - City Manager - The report advises that a joint meeting of City Council and the Regional Public Works & Utilities Committee to discuss the subject matter, has been scheduled for 1980 08 28 at 4:30 p.m. at Dorchester Manor in Niagara Falls. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the information he noted, and the report received and filed. Carried Unanimously. MUNICIPAL LIAISON COMMITTEE SPECIAL PURPOSE BOARDS & COMMISSIONS Report No. 376 - City Manager - The report recommends that Council review the response contained in the report, and if acceptable, forward same to the Regional Municipality of Niagara. The report further recommends that the Region suggest the Municipal Liaison Committee be asked to revise their recommendations in order to clarify the position of area municipalities ~here Regional government has been established. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. TELECOMMUNICATIONS STUDY Report No. 377 - City Manager - The report recommends passage of a by-law to provide for an agreement with National Utility Services (Canada) Limited respecting services to be provided 'and for the nharing of the cost savings over the next five years. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fore, that the report be received and adopted. Carried Unanimously. See By-law No. 80-132 DEEMING OF PLANS OF SUBDIVISIONS ~ PART OF PLAN 11 (NOW PLAN 260) AND PART OF PLAN 16 (NOW PLAN265) Report No. 378 - City Clerk - The report recommends that Council review the request contained in the letter from Kenmore Construction dated July 17, 1980, together with the previous material submitted to Council, to determine if the above referenced plans should be the subject of a DeemingBy-law. Alderman Hinsperger referred to the suggestion in Mr. Kaufman's letter respecting an agreement between himself and the City if his lands were not deemed, and asked if such an agreement would be satisfactory to the City. The Design & Construction Engineer stated that sub]act to the appropriate sording, the City could live with the conditions of the agreement suggested by Mr. Kaufmmn. In response to a further question raised by Alderman Hinsperger, {lie Design & Construction Engineer stated that he could not confirm that there ,would be no .danger of {loGdinS ~n the future as a result of not deeming the -8- Kenmore lands. Mayor Thomson pointed out that no permits would be issued until the City has resolved the flooding problems in Chippawa. Following further comment, it was moved by Alderman Hinsperger, seconded by Alderman Cheesman, that Council not deem the lands owned by Kenmore Construction in the subject Plans, subject to a satisfactory agreement being arranged between Kermore Construction and the City. The motion Carried with Alderman Sobol voting contrary, and all others voting in favour. PROMOTIONS AND FACILITIES CO-ORDINATOR Report No. 379 - City Manager - The report advises that an agreement has been prepared covering the terms and conditions under which the City agrees to engage the Promotions and Facilities Co-ordinator, Mr. R. Lavella. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and filed, and the byelaw given the appropriate reading!~ Carried Unanimously. See By-law No, 80-1 COMMUNICATIONS No. 128 - R. Blake Erwin & Matthews - Re: Proposed West Park Estates Subdivisi by the Regional Planning & Development Committee. ORDERED on the motion of Alderman Chessman, seconded by Alderman Graaskamp, that the request be endorsed. Carried Unanimously. No. 129 -Mainand Ferry Business Association - Re: Proposed Pool Room and Arc~ 5900 Main Street. The communication protests the establishment of a pool halli and arcade at 5900 Main Street. The City Clerk advised that he had received a letter from the solicitor for the owner of the subject property stating that the owner wishes to withdral his application for an arcade at this time, since the use is not permitted under By-law 79-200. Mrs. I. Bald of the Association was granted permission to address Council t e t r awi application for the arcade, and no mention was made of the pool hall operationi: Mrs. Bald asked whether an application for a pool room will be made, and if has been made whether it will be withdrawn. The City Clerk advised that he we' only aware of the application for the arcade being made. Mayor Thomson advised that if an application is made for a pool hallllicence, the Associatin- would be notified. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. It was moved by Alderman Merrett, seconded by Alderman Htneperger, that items #1 and #2 under the Planning section of the reports, be moved forward for consideration. Carried Unanimously. Report No. 380 - Planning & Development Coamilttee - Re: Objections and Proposed Modifications - Official Plan Amendment No. 71. The report recommen&~ that the staff recommendations regarding proposed modifications to Official Plan Amendment No. 71 be approved, and that staff be directed to advertise the modifications to Part 14 of Official Plan Amendment No. 7i regarding agricultural policies for Council's consideration in order to satisfy the requirements for public notification and input with respect to this matter. Mr. E. Burger was granted permission to address Council on the motion of Alderman Schisler, seconded by'Alderman Sobol. Mr. Burger stated that while he was in general agreement, his concern involved the minimum separate ,distance requirements and the difficulties involved in applyins the formulas. .~r. Burger stated that the minimum separation distance requirements tend to "lock in farm operations. In response to a question raised by Alderman Grsaskamp, the Planning Director stated that the formulas outlined in the report are taken from the 9 Code of Practices issued by the Province, and the Province was now insisting that reference be made to the Code in Official Plans. The Planning Director commented that the Official Plan only recognizes the Code, it does not say the Code is perfect, and it was suggested that revisions to the Code, particularly regarding minimum separation distance requirements, should be made to the Province separately. Mr. S. Gill was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Cunnnings. Mr. Gill expressed his views on the effect of development on agricultural lands. Mr. Gill also was concerned with the use of the word "endeavour" in the Official Plan, as it related to the retention of farms in large units. The Planning Director explained that Official Plans will use wording such as "will endeavour" since Official Plans reflect policies. If the wording "must be" were used, it would be included in a by-law. The Planning Director provided additional information in response to questions raised by Alderman Graaskamp and Mr. Burger. Mr. P. Grandoni was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Chessman. Mr. Grandoni stated that he would like Council to be aware that the Agricultural Code of Practice does not take into account farm and field operations. Mr. J, Dawson was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Orr. Mr. Dawson was critical of the fact the notice stating that Council would be considering the matter, indicated a 7:00 p.m. commencement time, and it was well after 11:00 p.m. by the time the matter came up for consideration. Mr. Dawson expressed his views on the directions of development suggested in the Official Plan, and how this development was infringing on prime agricultural lands. With respect to the time of the meeting, the Planning Director stated that his Department had not known there would be so many controversial items placed on the agenda when the notice had been sent to the local newspaper. Due to time restraints, it was necessary to hold the public meeting to review the modifications as part of a regular Council meeting. The Planning Director also provided additional information regarding industrial lands on St. Paul Avenue in response to a question raised by Alderman Sobol. Following further comment, it was moved by Alderman Schisler, seconded by Alderman Sobol, that a separate submission regarding improvements in the Agricultural Code of Practice, be send to the Province. Carried Unanimousl.~. It was then moved by Alderman Fare, seconded by Alderman Graaskamp, that the report be received and adopted. Carried Unanimously. No. 381 - Planning & Development Committee - Re: Removal of Parking Requirements in Certain Commercial Areas, Official Plan Amendment No. 117. The report recommends approval of Official Plan Amendment No. 117, and that Council instruct staff to amend the zoning by-law implementing Official Plan Amendment No. 117 as requested by the Municipal Parking Committee. The Planning Director provided additional background information for the members of Council. ORDERED on the motion of Alderman Marrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Schtsler, that item ~1 under the Miscellaneous section of the reports, be moved forward for consideration. Carried Unanimously. No. 382 - Recreation Commission - Re: Intercity Soccer League Games. The report recommends that the I~tercity Soccer League pay $25.00 per game and $8.00 for the use of the lights, plus all additional costs to the City due to large attendances; further that permission be given for an admission charge end the exclusive use of the soccer/track and field area in Oakes Park during the Intercity Soccer game. , J - 10 - Iu response to a question. raised by Alderman Merrett, the Director of Recreation advised that the Commission had done an interim review of the matter and had come up with the recommendations outlined in the report which will only be in effect until the end of the season. Over the long term, 'there will be work done by the Commission and the various groups involved to develop policies for the future. In answer to a question from the audience, The Director of Recreation advised that in the past, the soccer groups have experienced difficulty and have wanted to charge for admission. The City will receive $25.00 per game plus any additional charges involved in the use of the field. The groups are charging the public a fee for use of a City owned facility, however the funds are coming back into the City to assist in operational costs for these facilities. In response to a question raised by Mayor Thomson, the Director of Recreation stated that a similar type of policy has been in use at Ker Park for at least eleven years. Following further discussion, it was moved by Alderman Schisler, seconded] by Alderman Sobel, that the report be received and adopted. Carried Unanimous2]/ ****** COMMUNICATIONS - Con ' t... No. 130 - Regional Municipality of Niagara - Re: 1980 Current Budget. The communication provides information on the Regional Budget guidelines, actual budget and the impact of specific expenditures and revenues. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman, that the communication be received and filed. Carried Unanimously. No. 131 - Regional Municipality of Niagara - Re: Guidelines for Sewer and Water Construction. The communication requests representation from the City on a committee established to review the Regional Guidelines for sewer and water construction in conjunction with the guidelines of the MOE. ORDERED on the motion of Alderman Fete, seconded by Alderman Sobel, that the Design & Construction Engineer represent the City on the-committee. Carried Unanimously. No. 132 - Downtown Board of Management - Re: Removal of Christmas Scrolls from., Hydro Poles. The communication requests assistance from the City in removing the old Christmas scrolls' from the hydro poles on the street. ORDERED'on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be referred to the Finance Con~ittee. Carried Unanimously, No. 133 - Ontario Paper Company Limited - Re: Newspaper Recycling Program. The communication provides information on the firm's undertaking of a major newspaper recycling program. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 134 - Niagara Falls Flyera Hockey Club - Re: Signing to Niagara Falls Arena. The communication requests that signs be erected on Highway #420 at .Stanley Avenue and Macdonald Avenue giving directions to the Niagara Falls Memorial Arena and stating "Home of the Niagara Falls Flyera". ORDERED on the motion of Alderman Chessman, seconded by Alderman Fare, that the communication be referred to staff for the preparation of a report. Carried Unanimously. ." REPORTS No. 383 - City Manager - Re: Lot Grading and Drainage Policy. 'The report .recommends: 1) That Council approve in principle the adoption of the recommenda tions contained in the attached report entitled "Guidelines on Lot Grading and Drainage Control"i 2) Staff be directed to prepare a proposed "Lot Grading and Drainage" policy for the City, based upon the aforementioned report; and 3) The City Solicitor be directed to also prepare a report on the legal and enforcement aspects of the proposed policy. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted.. Carried Unanimously. MOTE: Aldermen Graaskamp retired from the meeting. - 11 - No. 384 - City Manager - Re: Purchase of New Equipment - 1980. The report recommends the acceptance of the low tenders on various pieces of automotive equipment. Alderman Merrett stated that it was his understanding from discussions at budget time, that a committee was to have been established to look into the purchase and use of City vehicles. The Alderman felt this committee should have an opportunity to investigate the subject before any purchases are made. The Equipment Superintendent advised that the only reference he could find of a committee, was the appointment of Aldermen Dilts, Merrett and Puttick to a committee studying car pooling and checking mileages. A report had been submitted to Council in January requesting permission to call tenders, and once the budget was approved, tenders were called in the normal manner. Alderman Dilts referred to the committee mentioned by Alderman Merrett and stated that the idea had come up during budget discussions on the purchase of eight new vehicles he had wanted deleted from the budget. After some discussion, it had been decided to leave the items in the budget and form a committee to find out whether they were required. The Alderman also referred to two vehicles purchased in the fall of 1979 and questioned whether that purchase represented an increase in the fleet. The Equipment Superintendent advised that the two vehicles purchased in 1979 were purchased for a specific purpose and are now in use. The vehicles they were replacing are being used temporarily while maintenance is being carried out on other vehicles. The vehicles that the four wheel drive trucks are replacing, will be sold at the auction sale in the Fall along with all of the other equipment the tender will be replacing. Alderman Dilts was critical of the fact that four wheel drive vehicles were being driven forevery day use in view of the expense associated with the operation of this type of vehicle. The Equipment Superintendent stated that the new vehicles should be used and not left sitting idle. In the winter, they will be used for light duty plowing. Following further comment, it was moved by Alderman Merrett,,seconded by Alderman Dilts, that items 1 to 4 of the tender be deferred, that the tenders submitted on items 5 and 6 be accepted, and further that the matter be referred to the committee previously established to review use of vehicles. The motion Carried with Alderman Puttick abstaining on a conflict of interest, and all others voting in layout. No. 385 - City Manager - Re: Finished Road Construction in Frontchat Woods Extension Subdivison - Village Crescent. The report recommends that a deviation be made from the City's Declaration of Policy for Subdivision Development to construct curbs and gutters and top asphalt on Village Crescent .and a sidewalk on the north side of the street only from Drummond Road to the existing pedestrian walkway at the easterly end of the street. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 386 - City Manager - Re: Building and Development Report for June 1980. The report provides information current news relative to permit statistics and development proposals for the month of June, 1980. ORDERED on the motion of Alderman Cummings, seconded by Alderman Sobel, that the report be received and filed. Carried Unanimously. No. 387 - City Manager - Re: Proposed Office Development Northwest Corner of Huron and St. Clair. The report recommends passage of a by-law to authorize a cash-in-lieu of parking agreement with Nello and Gulllane DiCasbarro. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 8Qr138 No. 388 - City Manager - Re: Site Plan Approval for Proposed Single Family ])welling and Conversion of an Existing Dwelling to Commercial Use, Pine Tree Village Mobile Home Park, 2175 Mewburn Road. The report recommends approval of the subject site plan subject to certain conditions. ORDERED on the motion of Alderman Sobel, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 389 - City Manager - Re: Site Plan Approval for Proposed Commercial Complex, HaLsod Road (South Side, east of and adjacent to the Canadian Tire Property). The report recommends approval of the subject site plan, subject to certain conditions. ORDERED on the motion of Alderman Sobel, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. - 12 - No. 390 - Mayor Wayne Thomson - Re: Parking Traffic and Tourist Study. The report recommends: 1) Approval in principle of the draft work programme for the study; 2) That the City Manager he authorized to take all steps to carry out an attitude survey at a cost not to exceed $8,000; and 3) That the City Manager be authorized to take all steps to carry out a parking survey at a cost not to exceed $6,000. Alderman Puttick referred to the figure mentioned in the report of $80,000 for the estimated cost of the study and stated that when it had been discussed at the Niagara Parks Commission, a figure of only $40,000 had been mentioned. Mayor Thomson stated that $40,000 had been placed in the budget before the extent of the study had been fully known. The Mayor further advised that the Ministry of Industry & Tourism has indicated an interest in participating financially with the City in the project. In response to a question raised by Alderman Puttick, the Projects and Services Engineer stated that the consultant has copies of previous reports initiated by the City, the Region and the Province and will be filling in any gaps left between the various reports carried out in the past. It was further pointed out that the report was only requesting approval in principle as that approaches can be made to the Province regarding funding. In answer to a question raised by theMayor, the Projects & Services Engineer advised that Mr. Harris of the Niagara Parks Commission had been aware of the $80,000 figure and the Commission had copies of the latest material on the matter which contained the estimated cost. Alderman Puttick stated that he was opposed to the increase in cost from $40,000 to $80,000, part of which the Alderman considered to be payment for the duplication of work already carried out under previous studies. The Projects & Services Engineer indicated that he would like an opportunity of discussing the matter in detail with the Alderman so that any possible misunderstandings could be cleared up. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. --- No. 391 - City Manager - Re: Six Month Statement of Revenue and Expenditures. The report recommends that Council review, and receive and. file the six month statement along with the accompanying report. The Deputy Treasurer provided additional information in response to a question raised by Alderman Cobol. ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously~ No. 392 - CityManager - Re: 1979 Financial Statements and Auditors' Report. The report recotmmeads that the 1979 Financial Statements be reviewed and received and filed by Cotmoil. ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that . the report be received and filed. Carried Unanimously. : No. 393 - City Manager - Re: Municipal Accounts. The report recommends payme~ of the municipal accounts. ORDERED on the motion of Alderman Dilts, seconded by Alderman Marterr, that- the report be received and.adopted. Carried Unanimously.' No, 394 - City Manager - Re: Installation of Electric Door Operators for Various Fire Stations. The report recommends acceptance of the .proposal by Overhead Door Company in the total amount of $9,743.00 for the installation of electric door operators for various fire stations. ORDERED on the motion of Alderman Dilts, seconded by Alderman 'Hinsperger, that~ the report be received and adopted. Carried Unanimously. No. 395 - Loan Review Comittee - Re: Applications for Assistance. The report recentends approval of nine applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Fern, seconded by Alderman Marrett~ that ,the report be received and adopted. Carried Unanimously. No. 396 - City Manager - Re: Ryerson Market Park Development, Phase 3. The report recommends that Triple M Demolition be awarded the contract for demolit of a building within the Ryeteen Market Park Development, Phase 3. ORDERED on the motion of Alderman Sobs1, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. e No Se Resolution ~ - 13 - No. 397 - City Manager - Re: Designation of Maple C.S.C.P. Area. The report recommends passage of a by-law prepared in accordance with the provisions of Section 22.2 of The Planning Act, designatingMaple as the 1980 C.S.C.P. Area for the City of Niagara Falls. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 80-1~6 PETITION Communication No. 135 - Residents of Ferguson Street - Re: Condition of Ferguson Street between River Road and Terrace Avenue. The communication requests that the City restore Ferguson Street to the condition it was in prior to repairs made to the sewer. Report No. 398 - City Manager - Re: Glenview Neighbourhood Improvement Area, Reconstruction of Ferguson Street from Terrace Avenue to River Road. The report recommends that Council authorize staff to examine various 1980 operating budget road accounts in order to ascertain whether an estimated amount of $6,000 can be transferred in order to complete the reconstruction of this section of road to the same standards as the remainder of Ferguson Street. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fern, that the report be received and adopted. Carried Unanimously. COMMUNICATION No. 136 - Downtown Business Association - Re: Second Annual Fall Fest. The communication requests that Queen Street be closed to traffic from Erie Avenue to St. Lawrence Avenue from 8:00 a.m. to 5:30 p.m. on August 23, 1980; that parking in the downtown be free on this date; and approval to operate a beer tent in the Centennial Square. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that the requests be approved subject to established policy. Carried Unanimousl_~y_.' RESOLUTIONS No. 48 - SOBOL - SCHISLER - RESOLVED that the tender submitted by Triple M Demolition for demolition of a building in Phase 3 of the Ryerson Market Park Development, be accepted at the tendered price of $5,600.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslx No. 49 - MERRETT - HINSPERGER - RESOLVED THAT WHEREAS the delay in receiving current assessment data necessary for the preparation of the 1980 tax demands has resulted in an inordinate increase in the cost of the City's temporary borrowing costs; AND WHEREAS the date required for the return of the assessment roll to the Clerk of the Municipality, namely not later than the third Tuesday following the first day of December in the year in which the assessment is made, has repeatedly been extended by order of the Minister of Revenue; THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls requests the Minister of Revenue to have the annual assessment rolls prepared and returned to municipalities within the dates presently prescribed by The Assessment Act, and that the Minister be requested to submit a revised roll to municipalities reflecting changes made by The Assessment Review Court; AND BE IT FURTHER RESOLVED that the request be submitted to the Association of Municipalities of Ontario for eudorsation and support; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Hinsperger, seconded by Mderman Dilts, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-132 - A By-law to authorize an agreement with the National Utility Service (Canada) Limited. No. 80-133 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Palls Planning Area. (No. 117) - 14 - No. 80-134 - A By-law to authorize an agreement with L & N Construction and iz Excavating of Niagara Limited. (Two Readings Only)' ~ No. 80-135 - A By-law to authorize the execution of an agreement with Roy MacNamara carrying on business as Triple-M Demolition for the demolition of buildings. No. 80-136 - A By-law to designate a redevelopment area. (Maple C.S.C.P. Area) No. 80-137 - A By-law to authorize the execution of an agreement with Robert Lavelle. - 15 - It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that Council rescind its resolution of January 28, 1980, to approve in principle a land exchange involving lands forming part of the Glenview Park, between the City and Spironello and Iseppon Investments Limited. The motion was Defeated with the following vote: .AYE: Aldermen Cummings, Fera, Hinsperger and Merrett. NAYE: Aldermen Chessman, Dilts, Puttick, Schisler, Sobol and Mackenzie. NOTE: Alderman Orr was absent when the vote was taken on this matter. No. 80-138 - A By-law to authorize the execution of an agreement with Nello DiGasbarro and Giuliana DiGasbarro respecting parking facilities. No. 80-139 - A By-law to amend By-law No. 79-199, as amended, being a by-law to provide for the adoption of an amendment to the Official Plan for the Niagara Falls Planning Area. (No. 71) No. 80-140 - A By-law to provide monies for general purposes. Carried Unanimousl.~ ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the following by-law be now read a second time: No. 80-134 - A By-law to authorize an agreement with L & N Construction and Excavating of Niagara Limited. Carried Unanimousl'~ ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that th{ following by-laws be now read a second and third time: ~ No. 80-132 - A By-law to authorize an agreement with the National Utility Serv (Canada) Limited. No. 80-133 - A By-law to provide for the adoption of an amendment to the Offic Plan of the Niagara Palls Planning Area. (No. 117) No. 80-135 - A By-law to authorize the execution of an agreement with Roy MacNamara carrying on business as Triple-M Demolition for the demolition of buildings. No. 80-136 - A By-law to designate a redevelopment area. (Maple C.S.C.P. Area):~ No. 80-137 - A By-law to authorize-the execution of an agreement with Robert Lavelie. No. 80-138 - A By-law to. authorize the execution of an agreement with Nello ' DiGasbarro and Giuliana DiGasbarro respecting parking facilities.i~ No. 80-139 - A By-law to amend By-law No. 79-199, as amended, being a by-law t{ provide for the adoption of an amendment to the Official Plan fo, the Niagara Falls Planning Area. (No. 71) No. 80-140 - A By-law to provide monies for general purposes, Carried Unanimous~ NEW BUSINESS GLENVIEW PARK LAND EXCMANGE A question was raised as to the advisability of rescinding a motion passe,' earlier by Council respecting a possible land exchange between the City and Spironello and Iseppon Investments Ltd. respecting lands forming part of the Glenview Park. The exchange was required in order to facilitate the proposed expansion of the property known as the Shady Rest Motel. The rescinding of the earlier resolution approvin8 of the land exchange in principle, would appear to be in order, particularly in view of Council's action in not approving an application for rezoning of the subject lands. ] It was moved by Alderman Dilts, seconded by Alderman Cheesman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, SON, CITY CLERK MAYOR WAYNE THOMSON TWENTY-NINTH MEETING Committee Room #1 August 5, 1980 COMMITTEE OF THE WHOLE Council met on August 5, 1980 at 6:45 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Cummings and Orr. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~ && · · ~, READ AND AD PTED, , Ul'~ CITY ..... ~.. ~. MAyoR WAYNE THOMSON Council Chambers August 5, 1980 Council met on August 5, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Cummings and Orr. His Worship, Mayor Thomson presided as Chairman. Alderman Merrett offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fare, seconded by Alderman Sobol, that the minutes of the meeting held on July 21, 1980, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS RESTRICTED AREA BY-LAW 79-200 Report No. 398 - City Clerk - The report advises that the Ontario Municipal Board has appointed Tuesday, September 2, 1980 in the City Hall Council Chambers for the hearing of all parties interested in supporting or opposing the subject by-law. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the information be noted and the report received and filed. Carried Unanimously. GLENVIEW NEIGHBOURHOOD IMPROVEMENT AREA RECONSTRUCTION OF FERGUSON STREET FROM TERRACE AVENUE TO RIVER ROAD Report No. 399 - City Manager - The report recommends: 1) That staff be authorized to proceed with the design and tender call for the reconstruction of Ferguson' Street from Terrace Avenue to River Road, subject to N.I.P. subsidies; 2) That a portion of the City's share of the work, in the amount of $5,400 be charged to the 1980 Operating Budget, and the balance estimated at $6,000 be charged to Account No. 13101 (contributions to Capital Budget); and 3) That a copy of the report be sent to the residents who submitted a petition for these works. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. POSSIBLE STANDARDS FOR RESTAURANTS LICENSED UNDER TME LIQUOR LICENCE ACT Report No. 400 - Alderman Graaskamp - The report recor~aends that all material received relative to the possible setting of standards for restaurants licensed under the Liquor LicenceAct be referred to the Social Planning Council for their con~nents. ORDERED on the motion of Alderman Craaskamp, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. -2- AGREEMENT BETWEEN THE CITY AND SUNNYLEA CONSTRUCTION LIMITED ET AL - LOTS 1 TO 30, PLAN 260 AND LOTS 14 TO 75'PLAN'265, FORMER VILLAGE OF CHIPPAWA ' No. 401 - City Manager - The report recommends passage of a by-law to authorh an agreement respecting the development of the subject lands. Mayor Thomson advised that the developer had requested additional time to review the contents of the agreement with his solicitor. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that the report be tabled. Carried Unanimously. NIAGARA FALLS ARENA - COMMITTEES Report No. 402 - Mayor Wayne Thomson - The report recommends that the present4 "Niagara Falls Arena Committee" be dissolved and that a Niagara Falls Arena Renovations Steering Committee and a Niagara Falls Arena Working Committee bet established. Alderman Puttick suggested that a representative of CJRNRadio Station be invited to serve on one of the committees, since the station does cover events at the Arena. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the report be received and adopted, and further that a representative of CJRN Radio Station be invited to sit on one of the Arena Committees. Carried Unanimously. COMMUNICATIONS requests that Council consider fencing the playground on Carolyn nuce°Tunic In response to a question rai~ed by Alderman Puttick, the City Manager stated that he was not aware of this request having been made to the City Works stated that he will request' the Parks Superintendent to have a prepared on the matter for the next meeting. ORDERED on the motion of Alderman Fera, seconded by Ald'~rman Merrett, that communication be referred to staff for a complete report. Carried Unantmousl:.~, No. 138 - City of Thorold - Re~ Designation of and Provincial Governments designate and develop the Flight Locks area of the~ Welland Ship Canal as a National Heritage Park. ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the resolution be supported. Carried Unanimously. No. 139 - City of Toronto - Re: Consumers' Gas Rate Increase Applications. communication invites the Municipality to take Joint action in monitoring future applications by Consumers' Cas. Mayor Thomson felt it should be clearly explained to Toronto that the City is willing to support such action, but that no monetaryf~ommitment is being made. Alderman Cheesman stated that when the price of petroleum increases as a result of government action, the cost of natural gas increases automatical The Alderman asked why, when the government authorizes gradual increases in petroleum, the City would oppose increases by the natural gas producers. Alderman Sobol indicated that if the City supports looking into the reasons for rate increases, an explanation may be received to Justify higher profits.b ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the ~ City support the proposal of the City of Toronto to monitor future rate ~ · increase applications by Consumers' Gas. Carried Unanimously. ~ No. 140 - Lundy's Lane Historical Society - Re~ Lundy's Lane Battlefield Land The communication expresses opposition to the proposed redevelopmerit of lands' ,on the north side of Lundy's Lane at the top of the hill opposite DrummondHi Presbyterian Church and Drummond Hill Cemetery. ORDERED on the motion of Alderman Martart, seconded by Alderman Htnsperger, ".that the support of the Society be acknowledged and used in any efforts made . by the Municipality to preserve the site of the battleof Lundy's Lane. Carl Unanimously. ~ No. 141 - Social Planning Council - Re: Establishment of Committees. The communication advises that committees have been established to study vandalis end recreation. - 3 - ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. No. 142 - Mrs. P. Mace - Re: Improvements on Byng Avenue. The communication requests that the City consider providing sewers, roads, sidewalks and curbs on Byng Avenue. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that the communication be referred to staff with the suggestion that Mrs. Mace be contacted and provided with information regarding the installation of services under the Local Improvement Act. Carried Unanimously. No. 143 - Ministry of Housing - Re: Ontario Home Renewal Program· The communication advises that the City's application for a Provincial grant in the amount of $58,218.29, has been approved. · ORDERED on the motion of Alderman Graasknmp, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 144 - Ministry of Housing - Re: Annual Housing Review. The communication advises that the annual housing review has been further 'refined to deal exclusively with assisted housing programs in order to determine which municipalities are interested in specific programs. ORDERED on the motion of Alderman Sobol, seconded by Alderman-Cheesman, that the communication be received and filed. Carried Unanimously. No. 145 - United Way - Re: United Way Street Banner. The communication requests Permission to fly a United Way Street Banner from September 15th to November 15th across Victoria Avenue at Morrison Street. The City Manager stated that it was possible the location for the banner might be changed to Victoria at McRae. ORDERED On the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the request be .approved subject to similar approvals being obtained from Niagara Palls Hydro and the Regional Municipality of Niagara. Carried Unanimously. No. 146 - Niagara Falls Skating Club Inc. - Re: Financial Assistance. The communication extends the appreciation of the Club to the City for financial assistance during the 1979-80 season. ORDERED on the motion of Alderman Fare, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 147 - Mrs. L. Shannon - Re: Redmond Heights. The communication expresses opposition to the renaming of a private laneway from Bellerue Terrace to Redmond Heights, and requests that consideration be given to reinstating the original name or choosing a more acceptable name. ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that the communication be referred to the Street Name Committee for consideration. Carried Unanimously. No. 148 - Cascade Square Dancers - Re: Square Dancing Week. The communication requests that the week of September 22 - 28, 1980, be proclaimed "National Square Dancing Week". ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the request the approved subject to the established policy on proclamations. Carried Unanimously. REPORTS No. 403 - Recreation Commission - Re: Ice Scheduling at Municipal Arenas. The report recommends that the schedules for the winter use of-municipal arenas be approved by City Council. Alderman Herrerr asked if the Commission has done any costing on opening up the arenas during the early morning hours for rentals. Since requests for rentals are increasing, the Alderman felt it was only a matter of time before such hours would be necessary. The Director of Recreation explained that use of these hours has been investigated by the Arena Managers and the Projects & Services Engineer. There are no additional staff available to work the added hours, and existing staff do not wish to work the extra hours on a continual basis. It was also pointed out that the funds raised would be minimal and would not cover the operational costs of having the arenas open during the early morning hours. The Director of Recreation further advised that many of the early morning rentals would be an "off the ' eat" type of rental and str not the'regUlar sessonal rentals. Alderman Merrett suggested that the Commission investigate the demands and costs for early morning rentals, and have this information reviewed by the Finance Committee. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 404 - Plannins & Development Committee - Re: Zoning Amendment Application AM-12/80 M, Mullart, Southeast Corner of Morrison Street and Drummond Road. The report recommends approval of the application for a farmer's market, and that if the property ceases to be used for this purpose, that the zoning shall revert to the previous Residential 5.a. zoning. ORDERED on the motion of Alderman Fare, seconeed by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 80-6 No. 405 - City Manager - Re: Sale of Timber - Falls Industrial Park Extension. The report recommends passage of a by-law to authorize an agreement with Edge~ Lumber Ltd. for the sale of timber in the Falls Industrial Park Extension. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that~ the report be received and adopted. Carried Unanimously. See By-law No. 80-~ No. 406 - City Manager - Re: Niagara South Board of Education - Request for Conveyance of Road Allowance. Mayor Thomson advised that the report should be withdrawn~ due to an error in publication of the road closing by-law. , ORDERED on the motion of Alderman Dilts, seconded by Alderman Fare, that the report be withdrawn. Carried Unanimously. No. 407 - City Manager - Re: Renewal of Lease - Ministry of Government Service4 Provincial Court Facilities, 4300 Queen Street. The report recommends passage' with a right of renewal by the Ministry for a further one-year period. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that~ the report be received and adopted. Carried Unanimous~ See By-law No. 80-F No. 408 - City Manager - Re: Granting of 3-Foot Easement to Gerald and Sandra Phillips. The report recommends that the Municipality enter into an agreement.' permitting the owners of a part of Lot 9, Plan 30, now Plan 996, to use the southerly three feet of that portion of Lot 10 immediately flanking their property, on the understanding Mr. and Mrs. Phillips will assume the cost for preparation and deposit of a reference plan designating the land covered by three-foot easement as a separate part. ~ ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, the' the report be received and adopted. Carried Unanimously. No. 409 - City Manager - Re: Renewal of Storage and Parking Licence - Ontari01 Hydro. The report recommends passage of a by-law to authorize a litante agre with Ontario Hydro covering 1.6 acres in Part of Lot 42, for the purposes of storage and parking adjacent to the City's Service Centre, at a~rate of $2,30[ per annum. ORDERED on the motion of Alderman Grasskemp, seconded by Alderman Fare, that the report be received and adopted. Carried Unanimously. 'See By-law No. 8~ No. 410 - City Manager - Re: Collection of Cardboard in the Downtown Business Area. The report recommends that the City resume the collection of cardboard wastes in the downtown business area along with normal garbage collection , services in the area for the foreseeable future. Alderman Sobol questioned whether there were other businesses in the interested in taking this cardboard collection service over as opposed to the City reverting to its previous collection of all refuse at one time. The Maintenance & Operations Engineer indicated that he would check into the availability of an alternate service. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, th,t. the report be received and adopted, and further that staff determine if anothtl 'firm would be interested in collecting cardboard wastes in the downtown businI .area. Carried Unanimously. No. 411 - City Manager - Re-' Contract R.C. 15-80, Base Asphalt Construction i the Falls Industrial Park Extension Subdivision and Bess Aspha!t Repairs in t Falls Industrial Park Subdivision. The report recommends acceptance of the unit prices submitted by Steed & Evans (Niagara) Limited for the subject contract. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 50 See By-law No. 80-147 No. 412 - City Manager - Re: Voluntary Payment for Overtime Parking Offenses at Meters. The report recommends that the by-law respecting voluntary payments for parking offenses be amended to provide a voluntary payment of $3.00 for overtime parking at meters in place of the present $2.00 payment, effective September 2, 1980. Alderman Merrett indicated that he could not support the recommendation of the Parking Committee to increase the fines, and felt that there must be alternative sources of revenue that could be considered rather than increasing either the meter rates or fines. Mayor Thomson suggested that the matter be referred back to the Parking Committee for further consideration. The Mayor pointed out that the City is trying to revitalize the downtown, and while the increase would generate an additional $20,000 in revenue to the Parking Fund, such action could be detrimental to the Downtown. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Chessman, that the report be referred back to the Municipal Parking Committee for further consideration. Carried Unanimously. No. 413 - City Manager - Re: Proposed Watermain Installation on Bender Street and Palmet Avenue, 1980 Capital Budget. The report recommends passage of a by-law to authorize the installation of a watermain on Bender Street from Falls Avenue to Palmar Avenue and on Palmer Avenue from Bender Street to Victoria Avenue. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 80-148 No. 414 - City Manager - Re: Six Month Progress Report of the City of Niagara Falls Municipal Works. The report provides information on the activities of the Design & Construction Department, Building & Development Department and the Maintenance & Operations Department for the first six months of 1980. Alderman Puttick referred to the fact that building permits were down over 1979, as well as the number of contracts tendered, and yet the print shop operations had increased considerably over the same period in 1979. The Director of Municipal Works explained that preparation of reports for Council alone involved substantial printing costs. It was also advised that the print shop prints for all City departments, not Just the Municipal Works section. Alderman Sobol also noted that the use of committees adds to the number of reports that must be printed. The Director of Municipal Works provided additional information regarding the filling of two non-union positions, one of which was the replacement for the Chief Works Inspector, with the second being the new ~osition of Supervisor of Research and Complaints which was.approved in the budget. Alderman Puttick noted that the country was in a recession, everything was down and yet the City was still constant with staff and was moving people around. The Alderman noted that one employee wanted more time to do his Job and so another person was hired to handle complaints, Alderman Puttick asked who would be handling complaints in the predicted upswing in the Fall. The Director of Municipal Works advised that the new position created would only handle engineering complaints. It was further advised that when the building permits started to slow down, the Building & Development Department had one less employee. Another employee in the Building & Developmeat Department was now checking backyard drainage, and it was felt that if construction did pick up in the Fall, the Department might need this one person back. In response to a question raised by Alderman Puttick regarding work done in the winter months at Grassy Brook Park, ~he Director of Municipal Works -6- stated that the Municipal Works section was involved in year round work, and not all pro~ects could be carried out in the warmer months. Following further comment, it was moved by Alderman Sobel, seconded by Alderman Puttick, that the report be tabled for two weeks to allow further study of its contents. Carried Unanimously. No. 416 - City Manager - Re: Municipal Accounts. of the municipal accounts. No. 415 - City Manager - Re: 1) By-law respecting the Widening and Reconstruct~ of Parts of Atlas Street, Judith Avenue and Churchill Street and the Reconstru~ of Roger Crescent; 2) By-law to Authorize Improvements on Parts of Kalar Road'~ and Kitchener Street; and 3) By-law to Authorize the Reconstruction of Part of Main Street. The report recommends that Council hear any person who claims t~ his land will be pre~udicially affected by any of the subject by-laws, and subject to there being no valid objections, that the first two by-laws be give( three readings and the remaining by-law be given a third reading. ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-laws 80-149 80-150 and 79-213 The report recommends paymen~ The City Manager, the City Treasurer and the Deputy City Clerk provided additional information on Cheques #6636, 6789, 6804, 6835 and 6836 in response~ to questions raised by Aldermen Puttick, Schisler and Sobel. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman, the the report be received and adopted. The motion Carried with Alderman Merrett abstaining on a conflict of interest on Cheque #6751"'~ a~d all others voting in fayour. No. 417 - City Manager - Re: Ontario Home Renewal Program. The report recomme that the City once again accept applications for Home .Improvements under the Ontario Home Renewal Program (O.N.R.P.) ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fore, that the report be received and adopted. Carried Unanimouslv~ No. 418 - City Manager - Re: 1979 Annual Report of the City Manager. The repe~ provides a Summary of the various civic operations during 1979 in the City of~ Niagara Falls. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, thaJ' the report be tabled for two weeks. to allow further study of its contents. Carried Unanimously. No. 419 - Mayor Wayne Thomson - Re: Reduction of PedeStrian Hazard - Portage Manor. The report recommends that the problem of potential pedestrian hazards~ faced by the residents of Portage Manor be referred to staff with a request that they work with representatives of the Regional Municipality of Niagara and the Greater Niagara Transit Connnission on recommendations to alleviate the problem. 'Mayor Thomson explained the problem being experienced by the residents of Portage Manor who have to cross Portage Road going to and from the bus sto~ on the west side of Portage Road. The Mayor requested that Council authorize staff to deal with the Region and come up with some method of providing safe~ and improved access'back and forth across this section of Portage Road. Mr. Sheldon Delane~ of Portage Manor provided additional information on the matter. Following further discussion, it was moved by Alderman Cra_askemp, secondei by Alderman Chessman, that the report be received and adopted; Carried Unanimously. No. 420 - City Manager - Re: Niagara South Recreation Centre - Shower Additi0~ The report recommends= 1) That an addition be placed on to the Niagara South Arena which would house shower rooms for the six existing dressing rooms at a' total cost of $49,200; and 2) That funds to cover the cost of the work be provided as followsl $30,000 from the 1980 operating budget; $10,000 from the .-Niagara South Action Group and the remaininS 89,280 to be provided from the 20,000 Reserve Fund set up for floodlighting of the Baseball Fields at the lagare South Recreation Centre. Alderman Hinsperger advised that the showers were badly needed at the Niagara. South Arena, and would provide the:necessary facilities required I N -7 - for tournaments. The previous shower facilities were inadequate, and the walls required continual maintenance. Mayor Thomson requested that a letter of appreciation be sent to the Niagara South Action Group for contributing $10,000 toward the cost of the improvements. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that the report be received and adopted, and that a letter of appreciation be sent to the Niagara South Action Group. Carried Unanimously. RESOLUTIONS No. 50 - SCHIBLER - CHEESMAN - RESOLVED that the unit prices submitted by Steed & Evans Limited for base asphalt construction in the Falls Industrial Park Extension and base asphalt repairs in the Fails Industrial Park, be accepted at the tendered price of $78,546.90; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslx BY-LAWS ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Hinsperger, that the following by-law be now read a third and final time: No. 79-213 - A By-law to authorize the reconstruction of Main Street from Ferry Street to Delaware Street. Carried Unanimouslx ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-141 - WITHDRAWN (See Page 2) NO. 80-142 - 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, and By-law No. 79-200. (AM-12/80, M. Mullen) No. 80-143 - A By-law to authorize the execution of an agreement with Edgewood Lumber Ltd. for the sale of timber. No. 80-144 - WITHDRAWN (See Page 4) No. 80-145 - A By-law to authorize a renewal of the lease of the old City Hall. No. 80-146.- A By-law to authorize a litante agreement with the Ontario Hydro (lands north of Service Centre, Stanley Avenue). No. 80-147 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for base asphalt construction and base asphalt repairs. No, 80-148 - A By-law to authorize the construction of a watermain as an improvement to the water supply system in the urban service areas of the City. No. 80-149 - A By-law respecting the widening and reconstruction of parts of Atlas Street, Judith Avenue and Churchill Street and the reconstruction of Roger Crescent. No, 80-150 - A By-law to authorize improvements of parts of Kalar Road and Kitchener Street. No. 80-151 - A By-law to authorize the sale of land to Helen Nauman. No. 80-152 - A By-law to close portions of Queen Street, Ontario Avenue and Cryslat Avenue.to vehicular traffic on a temporary basis, 'No. 80-153 - A By-law to provide for the holding of an additional advance poll for the 1980 municipal election. No. 80-154 - A By-law to authorize a lease with Niagara Falls Badminton Club Limited, No. 80-155 - A By-law to provide monies for general purposes. Carried with Alderman Herrerr abstaining on Cheque #6751 of By-law 80-155, and all others voting in fayour. -8- ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 80-141 - WITHDRAWN No. 80-142 - 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, and By-L No. 79-200. (AM-t2/80, M. Mullen) ~ No. 80-143 - A By-law to authorize the execution of an agreement with Edgewood- Lumber Ltd., for the sale of timber. ' No. 80-144 - WITHDRAWN No. 80-145 - A By-law to authorize a renewal of the lease of the old City Hall~ No. 80-146 - A By-law to authorize a licence agreement with the Ontario Hydro~ (1suds north of Service Centre, Stanley Avenue). No. 80-147 - A By-law to authorize the execution of an agreement with Steed an~ Evans Limited for base asphalt construction and base asphalt rep~ No. 80-148 - A By-law to authorize the construction of a watermain as an impr~ to the water supply system in the urban service areas of the Cityj No. 80-149 - A By-law respecting the widening and reconstruction of parts of Atlas Street, Judith Avenue and Churchill Street and the reconstF of Roger Crescent. No. 80-150 - A By-law to authorize improvements of parts of Kalar Road and Kitchener Street. No. 80-151 - A By-law to authorize the sale of land to Helen Nauman. No. 80-152 - A By-law to'close portions of Queen Street, Ontario Avenue and C~ Avenue to vehicular traffic on a temporatiO_basis. No. 80-153 - A By-law the 1980 No. 80-154 - A By-law Limited. to provide for the holding of an additional advance pollS. municipal election. , to authorize a lease with Niagara Falls Badminton Club No. 80-155 - A By-law to provide monies for general purposes. Carried with Aide Merrett abstainix Cheque #6751 of 80-155, and all ot voting in favour.~ NEW BUSINESS , MESSAGE OF CONGRATULATIONS MISS J. MITCHELL Mayor Thomson noted that Miss Jackie Mitchell who had artended the Olympff for the Physically Disabled in Holland, had won a Gold Medal and four Silver Medals in swimming competition. It was moved by Alderman Sobol, seconded by " Alderman Hinsperger, that a message of congratulations be sent .to Miss Mitche~ Carried Unanimously. REPORT ON STAFFING - REGIONAL MUNICIPALITY OF NIAGARA Alderman Puttick stated that he had learned of a report prepared for the Region on staffing in the area municipalities as well as the Region Accordin to his information, the Alderman stated that the 'Region and the area municips were overstaffed by two hundred and fifty employees. Alderman Puttick felt that the City should contact the Regional Chairman and ask if the report was - prepared, and if so, that a copy be provided to the area municipalities. Alderman Graaskamp felt that the matter should be substantiated before Council took any action. The City Manager stated that the City of Niagara Falls was not overstaffed. II -9- Following further conm~ent, it was moved by Alderman Puttick, seconded by Alderman Dilts, that the Regional Chairman be requested to indicate whether or not such a report has been prepared. The motion Carried with Alderman Grasskemp voting contrary, and all others voting in fayour. DIRECTIONAL SIGN TO U.S.A. Alderman Puttick stated that he had been travelling towards Queenston on Highway #405 and had noticed a sign directing traffic to U.S. Interstate 190. The Alderman asked why an actual U.S. Interstate sign would be erected on an Ontario highway, other than to direct traffic in that direction. The Director of Municipal Works stated that the sign would be on the M.T.C. right-of-way a~d that the matter would be checked with the Ministry. POOL HALLS Alderman Hinsperger suggested that Council consider deleting the reference to pool halls in By-law 79-200. The Alderman referred to the fact that two applications have been made for pool hall licences so far, and it would only be a matter of time before the problem came up again. Alderman Merrett agreed with the intent of the suggestion, however he felt it would not be appropriate to make changes to the new zoning by-law prior to the upcoming O.M.B. hearing in September. The Alderman indicated that there had been some discussion on the possibility of including a particular wording that would require special permission for pool halls and not simply automatic approval. Mayor Thomson suggested that the matter be the subject of a report to determine how such uses could be controlled in the future. It was moved by Alderman Hinsperger, seconded by Alderman Merrett, that the matter be referred to staff for the preparation of a report. Carried Unanimously. MCRAE STREET Alderman Marrett indicated that he had received complaints from residents on McRae Street regarding speeding cars and accidents as a result of heavier sun~ner traffic. It was moved by Alderman Merrett, seconded by Alderman Cheesman, that the Niagara Regional Folice be requested to patrol the area more frequently and possibly enforce speed limits with radar. Carried Unanimously. FINANCE CO~ITTEE MEETING Alderman Chessman reminded members of the Finance Committee meeting to be held on Wednesday, August 6, 1980. Mayor Thomson indicated that the members of the Committee were requested to bring their copies of the 1979 financial statements to the meeting. PROFESSIONAL ENGINEERS ASSOCIATION CITIZENSHIP AWARD Mayor Thomson advised that Mr. C.H. Eidt, Director of Engineering for the Regional Municipality of Niagara, and former City Engineer of Niagara Falls, will receive the citizenship award from the Association of Professional Engineers of Ontario for his substantial contribution to the community while maintaining his identity as an engineer. It was moved by Alderman Herrart, seconded by Alderman Hinsperger, that a message of congratulations be sent to Mr. Eidt on behalf of the City Council. Carried Unanimously. 80TH BIRTHDAY OF THE QUEEN MOTHER Mayor Thomson advised that he had sent birthday greetings to the Queen Mother on behalf of the City on her 80th birthday. The Mayor indicated that he had received a letter from Buckingham Palace expressing the Queen Motherse pleasure at having received the City's best wishes. PLAZAS ON LUNDY'S L~ · Mayor Thomson advised that he had received complaints from owners and businesses of the Dominion 8tore/Zellers Plaza on Lundy's Lane, requesting policing of their parking lot after business hours. Motorcycles, vans and cars are apparently congregating in great numbers and make a great deal of noise when leaving the area, sometimes as late as 2:00 a.m. and 3:00 a.m. The Mayor suggested that the complaint be referred to the Niagara Regional Police for assistance. It was~moved by Alderman Merrett, seconded by Alderman 8beesman, that the Niagara Regional Police be requested to assist in resolving the problem. Carried Unanimously. - 10 - COMPLAINTS RECEIVED UNDER PROPERTY STANDARDS BY-LAW Alderman Puttick referred to an earlier request made by Council for a report on the number of properties with which the City has had difficulty in enforcing the Property Standards By-law. The Building & Development Co-ordinator stated that he had spoken to the Alderman who had requested the report and had been told that the report was no longer necessary. Alderman Puttick stated that he wanted to see a list of the properties that the City has repeatedly had problems in trying to have ~le~ned up. To avoid problems, the Alderman suggested that the properties be numbered and names not used. Alderman Puttick stated that the Council would direct staff what to do with the problem areas. It was moved by Alderman Puttick, seconded by Alderman Dilts, that staff be requested to prepare a report listing problem properties under the Property Standards By-law. Carried Unanimously. TRAFFIC LANES ON Q.E.W. NEAR MOUNTAIN ROAD Mayor Thomson referred to the three lanes of traffic on the O.E.W. approaching Mountain Road and stated that the one lane ends rather abruptly and without warning. The Mayor was concerned that a serious accident could occur with the cars travelling at such high speeds. Mayor Thomson suggested that the M.T.C. be contacted and requested to investigate the safety aspect of the situation and have appropriate signing placed to provide advance notice of the lane ending. It was moved by Alderman Cheesman, seconded by Alderman Ninsperger, that the M.T.C. be requested to investigate the matter and take appropriate action. Carried Unanimously. It was moved by Alderman Dilts, seconded by Alderman Fern, that the meeting adjourn. Carrie~ Unanimously. , DEPUTY CITY NAYOR WAYNE THOMSON - THIRTIETH MEETING Committee Room #1 August 18, 1980 COMMITTEE OF THE WHOLE Council met on Monday, August 18, 1980 at 6:45 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Cheesman, Dilts, Graaskamp, Merrett and Schisler. Alderman Sobol presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~AAAA'a. READ AND ADOPTED, MAYOR WAYNE THOMSON Council Chambers August 18, 1980 Council met on Monday, August 18, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Chessman, Dilts, Graaskamp, Merrett and Schisler. His Worship, NAyor Thomson presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that the minutes of the meeting held on August 5, 1980, be adopted as printed. ' Carried Unanimously. DEPUTATION MR. B. JACKSON - SWIMMING POOLS Mr. B. Jackson was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Ninsperger. Mr. Jackson pointed out that the City's pools will be closing one week earlier than the end of summer holidays for local school children. These Children will have nothing to do, and closing the pools would be putting them out on the street or possibly into more dangerous swimming areas such as Chippaws Creek. Mr. Jackson recognized that the reason for closing the pools was based on economics, however he felt Council should consider the consequences of shutting the pools down early. Mayor Thomson agreed that the decision to close the pools early had been made for financial reasons. The Mayor suggested that a report could be prepared outlining the costs involved in having the pools remain open for a further week. Alderman Cummings expressed concern that the closing of the pools could be done earlier and earlier each year, and hoped that if the swimming pool account was very close to being on budget that the pools could remain open one more week. In response to questions raised, the City Treasurer advised that operation of all five pools for one week cost in the area of $10,000 to $12,000. At the end of July, the account was right on budget, however if the pools are kept open one more week, there would be an over-run. The City MAnager suggested the possibility of keeping only two or three of the pools open instead of the whole five, which would reduce the amount of over-spending in this area. Alderman Puttick felt that if the expenditure were reasonable, the City Manager should take steps to have the pools remain open. -2- Following further comment, it was moved by Alderman Cummings, seconded by Alderman Sobol, that staff be directed to determine the costs involved in keeping the City pools open one additional week. Carried Unanimously. Mayor Thomson pointed out that since there would not be another meeting prior to the original closing date, that members of Council be polled once the operational costs were known. UNFINISHED BUSINESS ZONING BY-LAW 79-200 - OBJECTIONS Report No. 421 - Planning Director/City Solicitor - The report requests that Council consider recommendations on a number of objections in order that the Ontario Municipal Board can be informed of Council's position at the September 2, 1980 hearing. Objections 112/113/114 The Planning Director explained that the intent of the recommendation on these objections would be to allow tannery uses in other industrial zones, bu excludes this particular use from the City's Falls Industrial Park and the Extension because of the earlier objections. Alderman Sobol felt that excluding tannery uses in the City's industrial parks would create problems in other industrial areas. Alderman Cummings felt that such action might be giving the City an unfair advantage by protecting its lands from the objectionable aspects of tanneries, and forcing such uses into other industrial areas. The Planning Director stated that the Business & Industrial Growth Agency is prepared to support tannery uses generally in industrial zones, but in the case of the Industrial Park and the Extension because of prior commitments to industries purchasing lots, this use would be excluded. Following further comment, it was moved by Alderman Fete, seconded by Alderman ltinsperger, that the recommendations regard'f~g Objections 112, 113 and 114, be adopted.~ The motion Carried With Alderman C,,mmtngs voting contrar~ Objection 117 The Planning Director explained that at a recent meeting of the Planning. and Development Committee, a compromise was reached between the developer and i! many of the residents on this objection. Although the residents were not . unanimous in their acceptance of the compromise, the Planning Director stated that the Comittee felt the compromise should be ac~cepted by Council. The intention of the recommendation would be to allow light industrial for the southerly portion of the property at the northeast comer of Stanley and Churc Lane, and prestige industrial on the northerly portion. The residents had requested that the property be zoned residential. Iu response to a question raised by Alderman Fete, th~ Planning Director stated that owing to time constraints, all of the objectors 'involved were not' notified that the report would be considered by Council. Alderman Puttick felt that no compromise had been reached because the City was not changing the zoning of the land to residential as requested by the residents. The Planning Director stated that the land is presently zoned industrial and is designated as industrial by the Official Plan. The Planninf and Development Committee had felt there had been some movement toward improving the future use of the site by putting some p~estige Industrial in as well as the light industrial. If the land was to be changed to residential~2 Council would have to change the Official Plan. Alderman Hinsperger stated that one problem the Committee had was to trY~l and determine 'if the property could be used for any type of residential development. No one was prepared to put single family or two-family housing on the property and the F~ovlnce would not permit a high rise apartment due to the close proximity of the tallway line. Because of the uusuitability of the property to residential development, the only other uses are light and prestlge industrial. If those uses were not permitted, the land would lie vacant indefinitely. Alderman Hinsperger felt that most of the real obJectio. were solved by stipulatin~ light 8rid prestige industrial uses for the proper -3- Alderman Fera stated that the developer had "bent over backwards" to try and accommodate the wishes of the residents. The residents had wanted the word "manufacturing" removed from the permitted uses, and if that were taken out, the major part of the objection would be resolved. The City Solicitor advised that if Council feels the report should not be dealt with in the absence of the objectors, it was not necessary that action be taken on the report. The City was pressed for time as far as the submission to the Ontario Municipal Board was concerned, and the zoning would be objected to by the residents at the hearing in any event. Alderman Mackenzie stated that in discussions with the developer, it was learned that the property would lie fallow, but only for a few years, at which time the developer would not pay his taxes and the property would then come to the City. The land cannot be developed for residential purposes. The Alderman stated that the land is either used for industrial development or nothing, and if it is nothing, than it will be the City's problem. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Fera, that the matter be tabled and the objectors given an opportunity to address Council. The motion Carried with Alderman Mackenzie voting contrary, and all others voting in favour. Since other objectors had not been notified, Mayor Thomson suggested a special meeting be held prior to September 2nd, 1980, to deal with these objections. The objectors could be notified of the date and time, and would then be given an opportunity to address Council. MAJOR JUNIOR "A" HOCKEY CLUB AGREEMENT Report No. 422 - City Manager - The report recommends passage of a by-law to authorize an agreement with Reg Quinn Limited for the 1980-81 hockey season. Alderman Orr stated that he did not feel the agreement was in the best interests of the City. A new Promotion & Facilities Co-ordinator was hired for a two year contract, and yet the agreement with the Flyers was only for one year. The Alderman felt this made the Job of the Promotion & Facilities Co-ordinator more difficult in the event the hockey team left the City after the 1980-81 season. Alderman Orr was also critical of the clause which gives the City first option to purchase the team, and commented that the City should not get involved in owning a Junior "A" Hockey team. The Alderman stated that he wanted more information on the 80%/20% split on net game receipts, and pointed out that season ticket sales had almost doubled over the same period in 1979. Alderman Cummings commented that the Promotion & Facilities Co-ordinator should be reporting to the City Manager and not through one particular Alderman. The Alderman commented that he was pleased to see the Clty have first option to purchase the hockey team, not because the City would actually purchase the team, but use this as a means of keeping the team in Niagara Falls. Alderman Cummings did not agree with 10% of the net profits on the City's concession 'stands going to the Club. Such a clause apparently was not common in similar agreements in other municipalities. With respect to the term of contract for the Promotion & Facilities Co-ordinator, Alderman Cummings pointed out that there are umny other aspects to this position besides promoting the hockey team. In response to a question raised by Alderman Fete, the City Solicitor stated that when it had been rumoured that a previous owner was intending to sell the team, the clause giving the City first option to purchase was ~ncluded in the agreement. 'This right can only be exercised if the present owner put the ~eam up for sale, not if the team were to relocate in another area. Alderman Fera felt the Promotion & Facilities Co-ordinator had the right to express his opinion whether a member of Council was involved or not. With respect to the term of 'the contract, the Alderman stated it was his understanding that whether or not the hockey team .stayed in the City, a Promotion & Facilities Co-ordinator would still have been hired. Mayor Thomson confirmed this point and stated that one of the Job~s functions was to promote the hockey team, however there were many other aspects to the Job as well. Alderman Puttick pointed out that the agreement with the Promotion and Facilities Co-ordinator specified that this person would report to the City Manager. The Alderman stated that if this employee does not intend to do so, i -4- he would make sure the employee was brought into Committee of the Whole and advised accordingly. With respect to the split on gate receipts, Alderman Puttick pointed out that Mr. Quinn had invested a large amount of money in improvements to the dressing rooms at the Arena. The Alderman also pointed out that even though the team received 80% of the net gate receipts, Mr. Quinn had still lost a substanriai amount of money in previous years. In response to inquiries, the City Treasurer advised that the contract was renewable annually subject to an escape clause for both parties. The Treasurer felt that if Mr. Quinn was successful in the 1980-81 season, that the contract would likely continue and possibly improve the terms of the agreement to the benefit of the City. With respect to the 10% share of net profit from Arena concessions, the City Treasurer advised that this would not be greater than $2,000. It was moved by Alderman Orr that the matter be referred to the Finance Committee for further consideration. The motion was not seconded. It was then moved by Alderman Mackenzie, seconded by Alderman Rinsperger, that the report be received and adopted. The motion Carried with Alderman Orr'2 voting contrary. POSSIBLE EXCLUSION FROM COMMERCIAL ZONES OF CERTAIN USES SUCHAS POOL HALLS AND SEX SHOPS, ETC. Report No. 423 - Planning & Development Committee - The report recommends that the use of pool halls be controlled through the requiring of a specific amend~ to the zoning by-law and that specific advise be obtained from the City Solici~ as to a possible approach to the control of adult book shops. ORDERED on the motion of Alderman Sobol, seconded by Alderman Rinsperger, that the report be received and adopted. The motion Carried with the following vot AYE: Aldermen Cummings, Fete, Hinsperger, Puttick-and Sobol. NAYE: Aldermen Orr and Mackenzie. SCHOOL CROSSING GUARDS Report No. 424 - City Manager - The report reconunend~hat Council adopt the recommendation made in Report #265 dated May 20, 1980, that no change be made in the present policy regarding the retirement of School Crossing Guards. ORDERED on the motion of Alderman Pera, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. CAROLYN PARK FENCING Report No. 425 - City Manager - The report recommends that the fencing of the Carolyn Park be included in the 1980 fencing tenderrand that monies from the park fund of the Expansion and .Renewal Reserve be used to finance the project. ORDERED on the motion of Alderman Pera, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. AGREEMENT WITH NIAGARA FRONTIER HUMANE SOCIETY FOR ANIMAL CONTROL Report No. 426 - City Manager - The report recommends passage of a by-law approving a change in one clause of the agreement previously authorized by Council. ORDERED on the motion of .Alderman Hinsperger, seconded by Alderman Sobol; that the report be received and adopted. Carried Unanimously. See By-law 80-157 PRESENTATION RE: NEW HUMANE 8OCIgTY BUILDING The Building & Development Co-ordinator presented a plan 'of the new Humane Society building to be constructed on Lot 48 iu the Palls Industrial Park. It was explained that the building would be one storey with a flat roof, and of brick construction. There will be forty dog runs located at the rear of the building. A berm viii be constructed between the building and the roadway, so that it will not be visible from Murie Street,' Entrance to the building will be from Chippaws Creek Road. 1979 ANNUAL REPORT OF THE CITY MANAGER Repor~ No. 418 - City Manager - The report provides a summary of the various eiViC operations during 1979 in the City of NiaSara Falls. -5 - Alderman Puttick suggested that the report be tabled since a number of Aldermen were absent from the meeting. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the report be tabled for two weeks. Carried Unanimously. SIX M~NTH PROGRESS REPORT OF CITY nF N!AG~)~ FALLS MSJN!C!PAI. WORKS Report No. 414 - City Manager - The report provides information on the activities of the Design & Construction Department, Building & Development Department and the Maintenance & Operations Department for the first six months of 1980. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the report be tabled for two weeks. Carried Unanimously. PROPERTY STANDARDS Report No. 427 - City Manager - The report provides information on a number of properties on which the City is commencing proceedings under Property Standards By-law 74-204. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the report be tabled for two weeks. Carried Unanimously. It was moved by Alderman Hinsperger, seconded by Alderman Orr, that the fourth report under Property Matters and the seventh report under Mnnicipal Works Matters be moved forward for consideration at this time. Carried Unanimously. REPORTS s ' · No. 428 - City Manager - Re: Proposed Plan of Subdivision, File 26T-80003, Dr,mmond Park Village Extension. The report recommends preliminary approval of the ~roposed Dr.mmond Park Village Extension Subdivision, subject to nine conditions. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 429 - City Manager - Re: Bender Street Storm Sewer and Watermain Project. The report recommends that the Director of Municipal Works be authorized to engage the consulting engineering firm of Morton & Partners Ltd., specialist consultants in geotechnics and engineering geology, as a sub-consultant to carry out the necessary subsoil investigation. (Payment to the consultant based on actual cost - "time basis", approximately $15,754.00.) The Director of Municipal Works provided additional information in response to a number of questions raised by Alderman Puttick. ORDERED on the motion of Alderman Fera, seconded by Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. CO~R4UNICATIONS No. 149 - U.A.W., Local 199 - Re: Resolution on Plant Closures. The communication requests support of a resolution'requesting legislation to ease the social, humane and economic consequences to a community faced with a plant closure. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the resolution be endorsed. The motion Carried with the following vote: AYE: Aldermen C,,mminga, Fera, Orr, Puttick and Sobol. MAYE: Aldermen Hinsperger and Mackenzie. .No. 150 - Niagara Falls Family Y.M.C.A. - Re: Tournament at Palmet Park. The communication requests permission to operate a beer tent at Palmer Park in conjunction with a tournament during August 29 - September 1, 1980. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the request be granted subject to established policy. Carried Unanimously. No. 151 - Mr. A.E. Smith - Re: Watenuain on River Road. The communication expresses concern over digging and blasting a trench for construction'of a watermain on River Road. The Director of Municipal Works advised that a detailed study was done of the area by a qualified consultant. The contract t8 now being prepared and j - 6 - controls on blasting operations will be included in the specifications.. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the communication be received and filed, and further that a letter of explanation~ be forwarded to Mr. Smith. Carried Unanimously. No. 152 - Niagara South Federation of Agriculture - Re: Agricultural Code of Practice. The communication comments on the effects of the Agricultural Code.~ of Practice on farm operations. r ORDERED on the motion of Alderman Cummings, seconded by Aldernmn Fete, that the communication be referred to staff for the preparation of a report. Cart~' Unanimously. No. 153 - Miss I. Ploszczansky - Re: Sidewalk Romps on Robinson Street and Pe~ Street. The communication requests that the City consider having ramps on the sidewalks on Peer Street and Robinson Street as soon as possible. Alderman Cummings suggested that since the Social Planning Council is involved in services for the handicapped, that a copy of the letter be sent to.-' the Social Planning Council for information purposes. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fete, that the communication be referred to staff for the preparation of a report, and further' that a copy be forwarded to the Social Planning Council for information purpo~ Carried Unanimously. No. 154 - Ministry of Transportation & Communications - Re: Q.E.W. and Highwa~ The communication provides information with respect to the erection of the U.S. 190" sign on the Q.E.W. at Highway #405, and the third lane on the Q.E.W,~ in the area of the Mountain Road interchange. The Director of Municipal Works advised that he had spoken to an officiaL~ of the M.T.C. regarding the installation of an additional advance warning sigr' advising motorists that the third lane ends, and was waiting for information on this possibility. Alderman Puttick expressed his views on the erection of~ the "To U.S. 190" sign. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, t the communication be received and filed. Carried Unanimously. No. 155 - Businesses of Chippaws - Re: Directional Signing to Chippaws. The communication requests that directional sign to the Chippaws business area be erected at the entrances to Chippaws. ORDERED on the motion of Alderman Hinaperger, seconded by Alderman Cummings, that the communication be referred to staff to have the signs erected as quickly as possible. Carried Unanimously. No. 156 - St. Catharines Campincers - Re: Annual Grape Festival Campout. The communication requests permission to serve wine d~ring a "Wine and Cheese" psi during the campout on September 27, 1980. ORDHRED on the motion of Alderman Fete, seconded by Alderman-Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 157 - Heart Niagara - Re: Funding Day. The communication advises that the format for this yearss funding day will be to set up collection sites at main plazas and other locations such as arenas, city markets, that are heav~l peopled on Saturdays. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Fete, that t~ communication be received and filed. Carried Unanimously. No. 158 - Clerk of the Legislative Assembly - RO: Review of the Operation of Ontario Housing Corporation. The communication advised that the Standing Con~ttee on Administration of Justice will meet to review'the operation of the Ontario Housing Corporation and local housing au~horities commencing on September 2, 1980, and invites all interested individuals ..to submit briefs comments. . any conclusions reached by the Connittee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed, and a copy forwarded to the Social Planning Council. Carried Unanimously. No. 159 - VsninsulaMotors (Niagara Falls) Ltd,- Re~ Purchase of Equipment. 'The communication requests that Council make a decision on whether or not to purchase equipment tendered on in July on which Council defer=ed a decision. 7 AND No. 160 - Autoland Chrysler Ltd. - Re: Purchase of Equipment. The communication requests the current status of tenders submitted on the purchase of equipment. Alderman Puttick stated that he had spoken to Aldermen Dilts and Merrett and had arranged a meeting for August 21st at 4:00 p.m. to discuss equipment purchases. The Alderman stated that the matter would be finalized at that time. The City Manager pointed out that there was a meeting planned for 4:30 p.m. on that day regarding the Portage Road bridge over HEPC Canal, and suggested the first meeting start earlier. Alderman Puttick suggested the meeting could be held on August 25th since the Council would be meeting to discuss objections to the Zoning By-law. The Alderman also commented that staff would not be required at the meeting, and the committee would come in with recommendations · for Council. Mayor Thomson stated that if the Committee was considering over-all changes, it would not affect the subject tender, since it was for replacement of existing equipment. Alderman Mackenzie felt that Council should accept the low tender and then review use of equipment. The Alderman felt that the tenderera had dealt with the City in good faith and because of the delays in accepting the tenders, these firms might hesitate to bid on contracts in the future. The Alderman was also concerned that the low tenders could be lost, and the prices might have to be re-negotiated. Alderman Fera felt the problem had occurred because there was supposed to have been a committee of Council deal with equipment purchases, but the committee apparently had never met. Staff had proceeded with the tender for equipment purchases approved in the budget, and were now being blamed for taking care of the whole thing. The Alderman agreed that the City should proceed with the purchase of the equipment included in the tender. Alderman Puttick indicated that he would be withdrawing from the committee. The Deputy City Solicitor advised Council that there may be some danger in accepting tenders, if the committee were to determine at a later date the equipment was not necessary and decide not to proceed with the purchase. Although there was no written agreement, on the basis of acceptance of the tender, the tenderera might ask the City to pay damages for whatever expenses were incurred. In response to a question raised by Alderman Cummings, the City Manager stated that he was quite certain the City would still have to purchase equipment each year to replace old and inoperative. Alderman Sobol stated that the tenderera were inquiring as to when a decision was to be made, and she felt it would be sufficient for now to simply advise the tenderera accordingly at this time. .Alderman Hinsperger felt that since the committee would be meeting in one week, he could see no point in accepting the tenders now. ~ It was moved by Alderman Mackenzie, seconded by Alderman 0rr, that the balance of the equipment tender be accepted. 'The motion was Defeated with the following vote: AYE: Aldermen Fete, Orr and Mackenzie. NAYE: Aldermen C,,mmings, Hinsperger, Sobol and Mayor Thomson. NOTE: Aldennan. Puttiek abstained from voting. REPORTS No. 430 - City Manager - Re: Objections to Zoning Amendment By-law 80-15, Bomdal Investments Ltd. The report recommends passage of a by-law to repeal By-law No. 80-15 respecting the subject rezoning application. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 80-158 No. 431 - City Clerk - Re: AM-3/80, Objection to Zoning Amendment By-law No. 80-122, Galco Holdings Ltd. The report advises that as a result of circulating the subject by-law, one letter of objection was received. ORDERED on the motion of Alderman Orr seconded by Alderman Hinsperger, that the objection be referred to the Ontario Municipal Board. Carried Unanimously. 'l -8- No. 432 - City Manager - Re: Designation of Site Plan Control Areas. The report recommends passage of by-laws designating two site plan control areas..~ (Pingue and Provincial Gas Properties McLeod Road east of Ontario Hydro AND Mullen and Regional Niagara properties southeast corner of Dr-m~ond Road and Morrison Street) ORDERED on the motion of Alderman C,,m~ings; seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 80~. No. 433 - City Manager - Re: Lot 25, Falls Industrial Park. The report reco~ approval of the sale of Lot 25, Registered Plan 243 from Vincent A. Kerrio to Fermino Susin and that the Legal Department prepare the necessary by-law and agreement for the transfer. ORDERED on the motion of Alderman Sobol, seconded by Alderman Mackenzie, that! the report be received and adopted. Carried Unanimously. No. 434 - City Manager - Re: Lot 47, Falls Industrial Park. The report recoF~' approval of a Request for Reserve from Juergen Philipp (Canada) Inc. on Lot Registered Plan 243 until November 13, 1980. ORDERED on the motion of Alderman Sobol, seconded by Alderman Mackenzie, that; the report be received and adopted. Carried Unanimously. No. 435 - City Manager - Re: Lot 13, Falls Industrial Park Extension. The rep~ recommends approval of a request by Mr. Antiryes Kalaycioglu and Abraham Aghamanoukian to commence construction of the building on Lot 13, Registered Plan M-67 not later than May 31, 1981, and the City Solicitor be authorized tcN pare the appropriate legal documents for this extension. ORDERED on the motion of Alderman Sobol, seconded by Alderman Mackenzie, that~ the report be received and adopted. Carried Unanimously. No. 436 - City Manager - Re: Firefighters Coats w/Special Nomex Inner Liner. Limited in the amount of $10,061.70 for a r sized firefighters coats. ORDERED on the motion of Alderman Fore, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 437 - City Manager - Re: Severance Application B-290/80, Z. Manni on Keitb Street. The report recommends that staff be authorized to appeal the decision of the Land Division Committee with respect to severance application B-290/80 on Keith Street, sinde the Committee in approving this severance did not include the general service charge which was recommended by staff. The Director of Municipal Works advised that following contact to the Land Division Committee, a revised notice of the decision was received stating that the general service charge had been included a~ a condition of approval, however had been omitted from the original notice. The solicitor for the applicant has questioned the propriety of this action, and would not be recommending to his client that the charge be paid. For this reason, the Director of Municipal Works felt the City should proceed with the appeal. If at a later date the applicant chose to pay the chargep, the appeal could be withdrawn. ORDERED on the motion of Alderman Hinsperger, seconded by-Alderman Sobol, that the report be received and adopted. 'Carried Unanimously. · No. 438 - City Manager - Re: Intersection Control. The ~eport recommends preparation of a by-law'to allow the erection of a stop-sign facing eastbound traffic on Elizabeth Street at its intersection with Carroll Avenue. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. '. NOTE: Alderman. Oft was absent when the vote was taken on.this matter. No. 439 - City Manager - Re: Road Construction - Dorchester Road from ChemacrY Southerly to the Railroad Tracks. The report recommends that the section of -: Dorchester Road (3,000'~), between Chemacryl Industries s~utherly to the railroad tracks, be constructed as soon as possible. ' ~ ORDERED on the motion of Alderman Sobol, seconded by Alderman Cumanings, that the report be received and adopted. Carried Unanimously. No. 440 - City ManaEer - Ra: By-law to Authorize Improvements to Road Shoulder on North Street. The report recow~ends: 1) That Council hear any person who claim that his land will be pre~udicially affected by' the by-law authorizieL -9- the subject improvements; and 2) Subject to there being no valid objections, that the by-law be given the necessary readings and passed by Council. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 80-160 No. 441 - City Manager - Re: Proposed Grade Separation of New McLeod Road Alignment at Conrail Storm Sewer. The report recommends passage of a by-law to authorize a cost sharing agreement with the Regional Municipality of Niagara with respect to storm drainage works to be constructed by the Region in connection with the grade separation at McLeod Road and Stanley Avenue. The Director of Municipal Works provided additional information regarding the existing work done on the Conrail Drainage Channel in response to a number of questions raised by Alderman Puttick. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 80-161 No. 442 - City Manager - Re: Building and Development Report for July 1980. The report provides current news relative to permit statistics and development proposals for the month of July. ORDERED on the motion of Alderman Cummings, seconded by Alderman Mackenzie, that the report be received and filed. Carried Unanimously. No. 443 - City Manager - Re: Portage Manor Bus Stop. The report recommends that the Region be requested to institute no parking regulations on the west side of Portage Road from the bus stop approximately 70mnortherly and on the east side from Valley Way approximately 230mnortherly. Mayor Thomson stated that re-routing of buses by the Transit Commission had not been possible because such action would have disrupted existing routes and schedules throughout the City. The Mayor felt other alternatives besides the removal of parking should be investigated. ORDERED on the motion of Alderman C-mmings, seconded by Alderman Hinsperger, that the report be received and adopted, and further that staff contact the Region in an effortto take further safety precautions. Carried Unanimously. No. 444 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Manager and City Treasurer provided additional information regarding Cheques #6849, #6886, #6893, #6903, #6961, #7043 and #7044 in response to questions raised by Aldermen Cummings and Puttick. ~n response to a'question raised by Alderman Puttick regarding Cheque #6954, the City Treasurer advised that the amount of the cheque makes all expense cheques for members of the Recreation Commission to attend a conference in Halifax, equal~ Those who drove to Halifax would receive the same amount as those flying. Alderman Puttick asked if any of this amount covered payment of limousine service. The City Treasurer advised that one member of the Commission used the limousine service. Alderman Puttick did not feel the City should be paying the coat of limousine service to and from the airport for persons attending out of town conferences. The Alderman felt there should be a report prepared outlining a policy covering use of limousine service. Mayor Thomson suggested the Recreation Commission should provide an explanation of the nmtter. It was moved by Alderman Puttick, seconded by Alderman Cummings, that a report be prepared on the policy for travelling to and from couventious, particularly with respect to the use of limousine services. Carried Unanimously. It was then moved by Alderman Sobol, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 445 - Loan Review Committee - Re: Applications for Assistance. The report recommends approval of nine applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. II - 10 - No. 446 - City Manager - Re: Fringe Benefits - Members of Council. The report J advises that as a result of a recent amendment to the Municipal Act, a munici~, council may now provide council members with any benefits that are provided its employees. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be referred to the Finance Committee for consideration. The motion Carried with Alderman Puttick voting contrary and all others voting in~ favour. No. 447 - City Clerk - Re: Notice to Voters of Location of Polling Places. ~ report recommends passage of a by-law to provide that the City Clerk advise ea resident elector of the location of the polling place at which that elector vote, by directing such notice to all electors at a particular address. ORDERED on the motion of Alderman Sobol, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 448 - City Clerk - Re: Recommendation for Appointments to the Local Archi- tectural Conservation Advisory Committee. The report recommends passage of a by-law to confirm the appointment of Alderman J. Graaskamp, Mrs. E. Kahn, Mr. W.A. Lorne Robinson, Mrs. J. Young and Dr. J.H. Davidson to the Committee.' ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Mackenzie,]] that the report be received and adopted. Carried Unanimously. See By-law No. 80-~ No. 449 - City Manager - Re: Industrial Fire Protection Course. The report recommends that a message of appreciation be sent to Mr. R. Sorley of Lubrizol of Canada Ltd. who arranged for the attendance of the Fire Chief at an Industrial Fire Protection Course held in Texas during July, at the expense of a number of local industries. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 450 - Mayor Wayne Thomson - Re: Erection of Street Banner - Annual Peach Festival. The report recommends approval of a request by the Niagara Peninsula, Fruit and Vegetable Growers Association to erect a banner across Ferry Street'~ during the week of August 17th to 24th, subject to a~rovals also being obtai~ from the Niagara Falls Hydro Commission and the Regional Municipality of Niaga't ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the following by-law be now read a third and final ~ime: No. 80-134 - A By-law to authorize an .agreement with L & N Construction and Excavating Limited. Carried Unanimous~ ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sobol, that leave be granted to introduce the following by-laws, and the ~y-laws be read a first time: ....... No. 80-156 - A By-law to authorize the execution of an aSreement with Re~ Qui~ Limited. No. 80-157 - A By-law to amend By-law No. 80-121 respecting an agreement with Niagara Frontier Humane Society for animal control services. : No. 80-158 - A By-law to repeal By-law No. 80-15. No. 80-159 - A By-law to designate certain areas in the City of Niagara Falls site plan control areas. No. 80-160 - A By-law to authorize improvements'of parts of North Street. No. 80-161 - A By-law to authorize an agreement with the Regional Municipality Niagara respecting the sharing of the cost of certain storm works. No. 80-162 - A By-law to provido for the notification of resident electors of~ ..... 11 - 11 - No. 80-163 -'A By-law to amend By-law No. 79-6 providing for appointments to certain Boards, Commissions and Committees. No. 80-164 - A By-law to authorize an agreement with Peto McCallum Ltd. for engineering services in connection with the proposed expansion of the sanitary landfill site. No. 80-165 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the following by-laws be now read a second and third time: No. 80-156 - A By-law to authorize the execution of an agreement with Reg Quinn Limited. No. 80-157 - A By-law to amend By-law No. 80-121 respecting an agreement with Niagara Frontier Humane Society for animal control services. No. 80-158 - A By-law to repeal By-law No. 80-15. No. 80-159 - No. 80-160 - A By-law to designate certain areas in the City of Niagara Falls as site plan control areas. A By-law to authorize improvements of parts of North Street. No. 80-161 - A By-law to authorize an agreement with the Regional Municipality of Niagara respecting the sharing of the cost of certain storm drainage worka. No. 80-162 - A By-law to provide for the notification of resident electors of the location of the polling place. No. 80-163 - A By-law to amend By-law No. 79-6 providing for appointments to certain Boards, Commissions and Committees. No. 80-164 - A By-law to authorize an agreement with Peto McCallum Ltd. for engineering services in connection with the proposed expansion of the sanitary landfill site. No. 80-165 - A By-law to provide monies for general purposes. NEW BUSINESS CURVE ON WILLOUGHBY DRIVE Alderman Hinsperger referred to action taken by Council earlier to have flashing lights erected on Willoughby Drive north of Gunning Drive, and asked when the lights would be installed. The Director of Municipal Works stated that he would look into the matter. MCRAE STREET/STANLEY AVENUE/VALLEY WAY CONGESTION Alderman Cummings stated that the traffic congestion in the McRae Street/ Stanley Avenue/Valley Way area had increased, particularly with the opening of a gas bar at the new industrial plaza in this area. The Alderman inquired if the installation of traffic lights would help the problem. Mayor Thomson stated that the most effective solution to the problem would be re-alignment of the Stanley Avenue/Valley Way intersection. The Director of Municipal Works explained that the Region felt traffic lights would cause traffic on Stanley Avenue to back up and block the intersections of McRae and Valley Way. A design for the re-alignment of the intersection was under consideration and would be discussed with the Region in the hopes of considering improvements during next year's budSet. Alderman Sobol suggested that controlled access and egress to the gas bar might help the situation. Alderman Fera referred to the ten ft. road widening reserve usually required on Stanley Avenue and asked if the gas pumps were far enough away from the road. The City Manager indicated that he had personally checked to see that the pumps were back from the roadway a sufficient distance. The Director of Municipal Works pointed out that no rezoning had been required for the development, and the only setbacks imposed were those required under zoning requirements. - 12 - ODOUR FROM SE~ERS In 'response to a question raised by Alderman Orr, the Director of Municipal Works advised that in some areas of the City, particularly during warm weather, odours do emanate from combined sewers. City employees do check the sewers regularly as far as exposure is concerned. JOHN MATTHEWS DAY Alderman Mackenzie advised that on August 19th, there will be a ceremony at St. John's Anglican Church to unveil a plaque in honour of John Matthews, Welsh settler who came to Stamford Township one hundred and fifty years earlie The Alderman indicated that dignitaries from as far away as Wales would be in attendance at the ceremony, and suggested that August 19th, 1980 be proclaimed John Matthews Day. It was moved by Alderman Mackenzie,' seconded by Alderman Cummings, that Tuesday, August 19th, 1980, be proclaimed John Matthews Day in~]~ Niagara Falls. Carried Unanimously. It was moved by Alderman Fera, seconded by Alderman Sobol, that the meet] adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON THIRTY-FIRST MEETING COMMITTEE OF THE WHOLE Committee Room #1 August 25, 1980 Council met on Monday, August 25, 1980 at 6:30 p.m. in Committee of the 'Whole. All members of Council were present, with the exception of Aldermen Orr, Puttick and Schisler. Alderman Mackenzie presided as Chairman. Following consideration of Whole arose without reporting. presented, the Committee of the READ ANDADOPTED, MAYOR WAYNE THOMSON SPECIAL MEETING Council Chambers August 25, 1980 Council met on Monday, August 25, 1980 at 7:00 p.m. in formal session. All members of Council were present with the exception of Aldermen Orr, Puttick and Schisler. His Worship, Mayor Thomson presided as Chairman. REPORTS No. 451 - City Manager - Re: Construction of Combined Sewer on Crysler Avenue from Queen Street to 116' South. The report recommends acceptance of the unit prices submitted by Provincial Construction (Niagara Falls) for the subject project. In response to a question raised by Alderman Graaskamp, the Director of Municipal Works advised that the new sewer will replace an existing smaller sewer to provide greater capacity. While the City does have a program of separating combined sewers, in this particular area, the entire system will take approximately twenty years to replace. The outlet for the sewer will also be very expensive to construct. The Director of Municipal Works stated that the catchbasins will be restricted so that the new sewer will be able to accommodate future expansion. Once a separate storm sewer is constructed, the sewer would be used strictly as a sanitary sewer and could be maintained by the City. Alderman Graaskamp was of the opinion that any new sewer construction or replacement should involve strictly separated sewers, and that replacement of a combined sewer with another larger combined sewer would only compound problems in the area. The Director of Municipal Works stated that the sewer goes into the "Muddy Run" sewer, which can handle the flows. Following further comment, it was moved by Alderman Hinsperger, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Graaskamp voting contrary, and all others voting in favonr. VERBAL REPORT - Director of Municipal Works - Re: Underground Services - McLeod Road Re-Alignment. The Director of Municipal Works advised that he had been contacted by the Region regarding the contract for installation of underground services for the McLeod Road re-alignment at the Con-Rail tracks. The Region has requested permission from the City for the contractor to dispose of excavated material in'the City's Falls Industrial Park Extension on the south side of Murie 8treat between Kister Road and the west limit of Lot 25, Plan M-67. The Director oE Municipal Works recommended that the request of the Region be appreVed, since fill is required in that area to bring the elevation of the lots up. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the request of the Regional Municipality of Niagara be approved. Carried Unanimously. -2- COMMUNICATION No. 160A -- Niagara Regional Police - Re: Annual Tournament. The communicati. requests permission to operate a beer tent in conjunction with the 9th Annual Invitational All Police Fastball Tournament the week of September 5 - 7,198C.' at Ker Park. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the request be approved in accordance with established policy. Carried Unani~ VERBAL REPORT Purchase of New Equipment - Alderman Hinsperger advised that the Special Committee considering the purchase of new equipment, had met that afternoon with the Equipment Superintendent. The Alderman explained that it would take several months to come up with any firm recommendations regarding the purchase of equipment. Since the City presently has three vehicles that are not usable and the tender originally called in July was for the replacement of such equipment, it was felt the tenders submitted by Autoland Chrysler and Peninsul as contained in Report #384 dated July 21, 1980, should be accepted. It was s 9 e t budget. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Dilts, tha: the tenders submitted by Autoland Chrysler and Peninsula Motors as contained Report #384 dated July 21, 1980, be accepted. Carried Unanimously. OBJECTIONS TO BY-LAW 79-200 The following is a s,,m~-ry of the action taken by Council regarding certain objections to Zoning By-law 79-200. Objection #124 - Mrs. M. Mannerrs, 4036 Longburst Street It was moved by Alderman Herrerr, seconded by Alderman Graaskamp, that the Ontario Municipal Board be informed that Council would have no objection to the zoning on the property at 4036 Longhurst Str~.q~ being shown commercial in By-law 79-200. The motion Carried withAlderman Mackenzie voting contrary~l and all others voting in favou~. Objection #11 - Cyanamid Canada Inc. (Niagara Plant and Welland Plant) It was moved by Alderman Hinsperger, seconded by Alderman Herrerr, that representatives of Cyanamid Canada Inc. meet with the Planning Director and City Solicitor to discuss further modifications to By-law 79-200. 'Carried Unanimously. Objection #117 - Mr. A. Smith and Others in Dalein, Heritage and Theresa Subdivisions It was moved by Alderman C,rmm~ngs, seconded by Alderman Dilts, that the request for residential zoning not be agreed to and that the Ontario Municipal~ Board be informed that Council is prepared to amend the By-law to allow Ligh~ Industrial for the southerly portion of the property and Prestige Industrial on the northerly portion, subject to the exclusion of several uses previously agreed to by Group 2 Development Ltd., and on the understanding that gas bars would not be a permitted use under either the light or prestige industrial zoning. The motion Carried with Aldermen Cummings and Fern voting contrary, and all others voting in favour. Objection t}120 - Cecil & Irma Amadio, Lands North of Leader' Lane, East of Dy~ It was moved by Alderman Herrerr, seconded by Alderman Crasskemp, that t~' request for zoning to permit Tourist Commercial use not be approved. The moti, Carried with Alderman Cheesman voting contrary, and all others voting in favor-! Objection #112, #113, #114 - Marineland and Welland Securities It was moved by Alderman Cheesman, seconded by Alderman Graaskamp, that Ontario Municipal Board be informed that Council is prepared to permit the tannery use in Sections 11.3 ~eneral Industrial and 11.4 Heavy Industrial to exclude such a tannery use from the Palls Industrial Park and Extension b) a specific exception under Section 19; and further that tanneries be as a use for the lands extendinS northerly from the ~est limit of the Falls Industrial Park Extension to the Con-Rat1 main line and following that line through .to Stanley Avenue. Carried Unanimously. -3- Objection #126 - Bayshore Village Developments It was moved by Alderman Sobol, seconded by Alderman Fera, that the request for the addition of a limited number of "lost" uses (west of Victoria Avenue - add to the GI "canneries; paper and paper product plants; plastic products plants; textile and textile processing plants and wood products factories"; and east of Victoria Avenue - add to the LI zone - "gasoline filling and service station") be agreed to and that the Ontario Municipal Board be informed that Council is prepared to recognize the requested additional uses on these specific properties by means of a special proviso. Carried Unanimously. Objection #77 - F.A. Branscombe, North of Thorold Stone Road between Kalar and Montrose Roads It was moved by Alderman Mackenzie, seconded by Alderman Merrett that Council revise its original position and that the Ontario Municipal Board be informed that Council is prepared to revise all Zoning By-law schedules by removing the Hazard Lane zones where used to delineate flood and fill areas. Carried Unanimously. Objection #122 - Julius & Lydia Klein, South Sideof Thorold Stone Road West of Beechwood Road It was moved by Alderman Fare, seconded by Alderman Herrart, that the Ontario Municipal Board be informed that Council is prepared to amend By-law 79-200 with the addition of a general provision to the Agricultural zone similar to Section 5.3 General Provision for Residential Zone, on the understanding this will apply only to existing lots. Carried Unanimously. Objection #123-- Wedgewood Builders, North Side of Cropp Street It was moved by Alderman Merrett, seconded by Alderman Hinsperger that the Ontario Municipal Board be informed that Council is prepared to amend By-law 79-200 with the addition of a general provision to Section 10 for PI, LI, GI and HI zones, similar to Section 5.3 General Provision for Residential zones. Carried Unanimously. Objection #125 - Falls View Brethren in Christ Church, 7189 Drummond Roa~ It was moved by Alderman Herrart, seconded by Alderman Cummings, that the request to have an Institutional Zone apply to the property be agreed to, and that the Ontario Municipal Board be informed that Council is prepared to amend the zoning schedula so as to show an Institutional Zone over the Church property. Carried Unanimously. Objection #39 - Ministry of Natural Resources It was moved by Alderman Graaskamp, seconded by Alderman Hinsperger, that the original staff recommendation approved by Council be withdrawn, and that the Ontario Municipal Board be informed that Council is prepared to revise By-law 79-200 as follows: (a) to recognize that Front Street would be the accepted boundary line for the hazard land designation on the north side of the River through the Village of Chippawa; (b) Amend Section 16 to: i. delete 16.1.(c) with reference to park development, ii. delete references to Section 12 and 14, iii provide for existing buildings only; (c) that the hazard land maps provided by the Ministry of Natural Resources be used as technical information and incorporated into the zoning by-law schedules as accurately as the scale of the schedules will apply, in order to include some Ontario Hydro lands under the Hazard Land designation; (d) That a special proviso under Section 19 with respect to Niagara Parks Commission lands be inserted into the by-law so that '~ithin a 30 foot setback from the top of bank of the Niagara River or Gorge, any proposed development, excluding public park use, should be approved to the satisfaction of the Ministry of Natural Resources; and (e) Revise all zoning by-law schedules by removing the Hazard Land Zones where used to delineate flood and fill areas. Carried Unanimously. Objection #110 - Niagara Peninsula Conservation Authority It was moved by Alderman Cummings, seconded by Alderman Herrerr, that the Ontario Municipal Board be informed that Council is prepared (a) to make the following amendments to Section 16 of the By-law: i. delete 16.1.(c) with reference to park development, ii. delete references to Section 12 and 14, iii. provide for existing buildings only; (b) Amend the zoning.schedules sQ as to show a continuous Hazard Land (HL) zoning along the north bank of the Welland Ri~er; (c) Revise all zoning by-law schedules by removing the Hazard Lane zones where used to = delineate flood and fill areas. Carried Unanimously. Objection #116 - Kenmore Construction Limited It was moved by Alderman Dilts, seconded by Alderman Merrett, that the Ontario Municipal Board be informed that Council is prepared to amend By-law~ o o n i b r i Unanimously. Objection #119 - Regional Municipality of Niagara It was moved by Alderman Fera, seconded by Alderman Graaskamp, that the '~ Ontario Municipal Board be informed that Council's position is as follows: (1) a. A suitable reference to the MDS Formula has been included in the City'!~ Official Plan by Official Plan Amendment No. 71, b. A specific reference will be made of Section 4.32 in Section 12 Agricultural Zone and similarly to Section 13.1.(b) in the Rura~ Zone; (2) That minimum lot size in non-urban ] zones be increased from 8 hectares to 16 hectares as requested; (3) That the reference to help houses be deleted from the By-law; (4) That the Zoning By-1t schedule be revised to show the land referred to as EI (Extractive Industry);' and (5) That Section 5.3 (Lot Sizes in Unserviced Areas) be amended by addin~ the clause - "... provided Health Unit requirements are met". Carried Unan'i~ Objection #127 - Chemacryl It was moved by Alderman Fera, seconded by Alderman Hinsperger, that the Objection be referred to the Planning Director and City Solicitor for review the preparation of recommendations for the consideration of Council. Carried Unanimously. Official Plan Amendment No. 71 Objections - Agricultural Code of Practice It was moved by Alderman Chessman, seconded bL_Alderman Fera, that the Ontario Municipal Board be informed that Council is prepared to delete from By-law 79-200, Section 4.32 Agricultural Code of Practice and Minimum Distancl Separation Formula. Carried Unanimously. BY-LAW ORDERED on the motion of Alderman Herrerr, seconded by Alderman Cheesman, that leave be granted to introduce the following by-law, and the by-law be read a first time: ~ No. 80-166 - A By-law to authorize the execution of an agreement with Provinc Construction (Niagara Falls) Limited for the construction of a combined sewer on Cryclef Avenue from Queen Street to a point approximately 116 feet south therefrom. Carried with A]de Graaskamp voting ~"~and all others W fayour. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merre=t, thai the following by-law be now read a second and third time: No. 80-166 - A By-law to authorize the execution of an agreement with Provinc~ Construction (Niagara Falls) Limited for the donstruction of a combined sewer on Crysler Avenue from Queen-Street to a point approximately 116 feet south therefrom. Carried with Aide Graaskamp votin~ and all others favour. It was moved by meeting adjourn. Carried~ READ AND ADOPTED, J.L~ c0~L~NaON, C~T!_~CLE! ........ by Alderman Merrett, that th~ MAYOR~A~NE THIRTY-SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #1 September 2, 1980 Council met on Tuesday, September 2nd, 1980 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Dilts, Fera and Graaskamp. Alderman Chessman presided as Chairman. Following consideration of the i e s presented, the Committee of the Whole arose without reporting. - ~l~e~saa - READ AND ADOPTED, REGULAR MEETING MAYOR WAYNE THOMSON Council Chambers September 2, 1980 Council met on Tuesday, September 2nd, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Dilts and Graaskamp. His Worship, Mayor Thomson presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the minutes of the meeting held on August 18, 1980, be adopted as printed. Carried Unanimously. DEPUTATIONS MR. J. IANNUZELLI - MAPLE LEAF VILLAGE Mayor Thomson advised that this matter had been resolved, and Mr. Iannuzelli had withdrawn his request to address City Council. GROUP 2 DEVELOPMENT LIMITED - OBJECTION #79 TO BY-LAW 79-200 Mr. A. Goat of Group 2 Development Limited, was granted permission to address Council on the motion of Alderman Hinsperger, seconded by Alderman Chessman. Mr. Goat stated that the lands involved in Objection #79 were north of Mewburn Road, west of the sanitary landfill site and extending northerly to the railway tracks. The lands which are owned by T.G. Bright Co., are zoned Agricultural under By-law 79-200, and Mr. Goar advised that the firm wished to have their lands zoned "Open Space" in accordance with the City's Official Plan designation. The Senior Planner provided additional information on the zoning, and advised that it would be appropriate for Council to refer the request to staff for review and preparation of a report that could be submitted at the next Council meeting. Alderman Schisler felt that the agricultural zoning might permit development of the lands more easily than the open space designation. Mr. Goat indicated that the open space designation was considered to be the lesser of two evils, and it was questionable whether the land could be developed for some time under either zoning. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Hinsperger, that the matter be referred to staff for the preparation of a report. Carried Unanimously. MR. A.F. SHEPPARD - TANNERY USE IN GENERAL INDUSTRIAL LANDS Nayor Thomson advised that he had received a request from Mr. Sheppard's [i -2- office to withdraw the request to speak to Council regarding a further extension of the ban on tanneries. Mr. R. CaJan of the firm confirmed with Council the area to be covered by the ban, as directed at the previous Council meeting, which will run north~ from the westerly boundary of the Falls Industrial Park Extension to the main Conrail line and following this line back to Stanley Avenue. UNFINISHED BUSINESS SIX MONTH PROGRESS REPORT OF THE CITY OF NAIGARA FALLS MUNICIPAL WORKS Report No. 414 - City Manager - The report provides information on the activities of the Design & Construction Department, Building & Development Department and the Maintenance & Operations Department for the first six months of 1980. During discussion of the report, a number of questions were raised by Alderman Puttick regarding staff reductions as a result of the construction slow down in the City, budget spending, printing operations, maintenance operations, the proposed construction of a sanitary sewer on Lyons Creek Road and internal staff changes. Mayor Thomson, the City Manager, the Director of Municipal Works and the Maintenance & Operations Engineer provided additional information in response to these inquiries. In addition, Mayor Thomson and the Director of Municipal Works provided information regarding the appointment of a Supervisor of Research and Compla~ as approved by Counci! during budget discussions. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimously. It was moved by Alderman Cummings, seconded by Al.._derman Hinsperger, that items #8 and #9 under the Municipal Works section of the agenda, be moved forward for consideration. Carried Unanimously. REPORTS No. 453 - City Manager - Re: Niagara Falls Memorial Arena. The report recommends that the City purchase a removeable type flooring for the Niagara Palls Memorial Arena from Beaver Lumber Company Limited at a total cost of $6,685.15 to be advanced from the special purpose r~serve - Parks Sites and Developments account. The Promotion & Facilities Co-ordinator provided detailed infornmtion on the use of "Homesore" as a floor covering in the Niagara Falls Arena. The existing covering covers only a portion of the ice surface and is no longer satisfactory for this purpose due to age and deterioration. According to the Promotion & Facilities Co-ordinator, the new material was much lighter and easier to store than the traditional flooring used previously. In response to a question raised by Alderman Schisler, the City Treasurerr~ advised that the price quoted in the report was subject to 71 Provincial Sales figure in the body of the reports making it confusing to the reader. Following further discussion, it was moved by Alderman Merrett, seconded by Alderman Cummings, that the report be .received and adopted. .C.arried ~nanimously. _ ci[ No. 454 - City Manager - Re.' Activities of the Promotion & Facilities Co ordi The report outlines the various activities of the Promotion and Facilities ~ Co-ordinator since his employment began in July, 1980. r. The Promotion & Facilities Co-ordinator provided additional information regarding upcoming events at the Niagara Palls Arena, which include an indoor soccer game with the Toronto Blizzards Soccer Team, a Niagara Falls Flyera Alumni game featuring flyer stars of the sixties and seventies versus the Lab Hockey Old 8tare, as well as a.Close-circuit fiSht. -3- Following further discussion, it was moved by Alderman Sobol, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. UNFINISHED BUSINESS - Con't.. 1979 ANNUAL REPORT OF THE CITY MANAGER Report No. 418 - City Manager --The report provides a summary of the various civic operations during 1979 in the City of Niagara Falls. Alderman Puttick referred to the comments in the report regarding downtown revitalization and suggested that these same general comments seemed to appear in similar reports in previous years. The Alderman stated that according to a report prepared in 1973, it had been predicted that the effect of Niagara Square on the Downtown area would be minimal, and yet money was now being spent on a study to revitalize the Downtown. The Alderman also referred to an estimated $80,000 being spent by the City to carry out a study on tourist traffic in the Queen Victoria Park area which could result in tourist traffic being directed to other areas of the City. The City Manager pointed out that the 1979 report went into greater detail than in prevloue years regarding downtown revitalization, particularly because of the work being done in this area, i.e. construction of the gazebo at the base of Queen Street, improved street lighting, and complete repair of all sidewalks in the Downtown. Reference was made to a joint meeting held on August 27th between Council and the Downtown Board of Management at which the report prepared by Alexander Crate was presented. The City Manager commented that while the report seemed to outline positive steps for the City to take, discussions with major commercial interests in other areas had led City officials to the conclusion that because of the uniqueness of Niagara Falls, the original plans were too small for what the City could do to revitalize and renew interest in the Downtown. Mayor Thomson stated that a plan had been prepared by the consultants that had looked very encouraging for the Downtown, and he had gone to Toronto to try and sell the plan to various commercial interests. The Mayor confirmed that the reaction of the Toronto people had been that the City was not looking far enough into the future. With respect to attracting major developments to the City, Mayor Thomson indicated that he had recently artended a meeting at the Region at which top officials of a major auto industry had been present to discuss their firm's plans for the future. The Mayor stated that he had learned that such industries were amazed at the negative attitude of some municipalities with regard to expansion which has caused these firms to consider the possibility of relocating in other areas. Mayor Thomson indicated that one of the major concerns of such industries in'considering new location, was the attitude of municipalities towards industry. A major industry will not get involved with a Council known for having a negative attitude. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Fete, that the report be received and filed. Carried Unanimously. PROPERTY STANDARDS Report No. 427 - City Manager - The report provides information on a number of properties on which the City is commencing proceedings under Property Standards By-law 74-204. ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the report be tabled for two weeks. Carried Unanimously. AGREEMENT BETWEEN THE CITY AND SUNNYLEA CONSTRUCTION LIMITED ET AL - LOTS 1 TO 30, PLAN 260 AND LOTS 14 TO 75, PLAN 265, FORMER VILLAGE OF CHIPPAWA Report No. 455 - City Manager - The report recommends passage of a by-law to authorize the execution of an agreement with Sunnylea Construction Ltd. et al respecting the development of the subject lands. ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. S~e By-law No. 80-1}.6 COMMUNICATIONS No. 161 - Mr. A.E. Smith - Re.' Study and Plan for River Road. The communication -4- requests that the Social Planning Council be given a chance to provide some input and review of the subject study and plan before being finalized. Alderman Cununings did not feel that the Social Planning Council should be asked to comment on a matter that would more appropriately be dealt with by the Planning & Development Committee. The Alderman pointed out that the Social Planning Council is made up of volunteers, and although they are willing to assist the City in any way possible, the workload involved in such in depth studies could be too much. Alderman Fera pointed out that the Planning & Development would be more than happy to listen to any comments the Social Planning Council may wish to make on the study that is already under way. The Director of Municipal Works pointed out that the Chairman of the Ontario Municipal Board hearing held recently regarding a development on Rive~ a report from the Council by October 15th. Following further comment, it was moved by Alderman Schisler, seconded by Alderman gobol, that the Social Planning Council be requested to comment on whether or not they wish to become involved in the matter. Carried Unanimously. No. 162 - Niagara Shrine Club - Re: Lease of Property to Club. The communication requests that Council consider selling or leasing the building and property at the former landfill site on Montrose Road, or an alternate site, to the Club for a club room and premises to house the group's float. ORDERED on the motion of Alderman Merrett, 'seconded by Alderman Hinsperger, that the communication be referred to staff for a report. Carried Unanimousl! No. 163 - Ms. Debbie Weatherill - Re: Request for Financial Assistance. The communication requests financial assistance from the City to help in paying costs involved in highland dancing events in Scotland in the s,rmmer of 1981. Alderman Herrerr asked if requests of this nature were not covered by the Recreation Commission grant policy. Alderman Cummings felt this type of request should be referred to the Recreation Commission for consideration. consideration by the Commission. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that the communication be referred to the Recreation Commission. Carried Unanimo~ No. 164 - Chamber of Commerce - Re: Legalized Gambling. The communication asks what steps Council and City staff have undertaken to cope with the economic input of legalized gambling in the Niagara Falls, New York area, should such occur. In response to a question raised by Alderman Fete, the City Clerk adviser that he felt the matter should be referred to staff, since the question asked~. by the Chamber could involve a great deal 'of study. It was also felt that such a study could be quite costly in nature' and would require the assistance' of an expert in the field. Hayor Thomson agree4 that City staff did not have the expertise to give a detailed comprehensive report on the financial impact of legalized gambling in New York on this City. The Hayor pointed out that legalized gambling had not been approved in Ne~ York as yet, and if such a move wer~ announced~ there' would be sufficient time to carry out such a study. The HayOr also suggested that because of the commercial nature of the Chamber of Connnerce, a study of the economic impact of legalized gambling would be more in line with their capabilities. The Chamber could also assist financially in any study initiat~ Several members of Council felt that the City should not take on such a project, particularly when there was no definite indication that legalized gambling will be permitted in New York, Alderman Sobol felt there should be . further dialogue between City staff, the Social Planning Council and the · Chamber of Conmerce on the matter. Following further comeat, it was moved by Alderman Herrerr, seconded by A~der~--.n-n 8obols that the Chamber of Commerce be advised that inasmuch as 5 determining the economic impact of legalized gambling in Niagara Falls, New York, would be a major undertaking requiring the expertise of persons knowledgeable in the entire field of economics, and since the cost of carrying out such a study may not be warranted until such time as a definite decision is made with respect to legalized gambling in New York State, that the City will take no further action on the request, and that the Chamber be advised accordingly. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cummings, ~era, Rinsperger, Merrett, Orr, Puttick and Schisler. NAYE: Aldermen Sobol and Mackenzie. No. 165 ~ Employment Development Branch - Re: Canada Conununity Development ProJects Programme. The communication provides information on the 1980-81 Canada Community Development Projects Programme. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 166 - Regional Municipality of Niagara - Re: Proposed Traffic Controls and Restrictions on Niagara Roads Resulting from 1980 Roads Betterments and Construction Projects. The communication requests the comments of the Municipality on the subject matter. Alderman Cummings asked when a report would be ready on improving the traffic congestion at the intersection of Stanley Avenue/McRae Street/Valley Way. The Director of Municipal Works stated that the various suggestions made by Council previously were under consideration, as well as the preparation of an aerial plan of the intersection. It was also pointed out that the Region would have to be consulted before any action could.be taken, since the intersection involved a Regional road. Alderman Puttick referred to a plan undertaken some time ago which involved improvements to Highway #420, and would have included changes to this particular intersection, and asked what the status of this plan was. The Director of Municipal Works advised that the plan had virtually been scrapped by the M.T.C., and a downgraded version was being considered. Alderman Cummings felt that with the several levels of government involved, it was becoming increasingly difficult to solve a rather simple problem. The Alderman felt that regardless of previous studies undertaken, some interim measures shouid be taken to improve the traffic congestion in this area. The Director of Municipal Works indicated that a report could be prepared outlining various alternatives available, however the Region would have to be consulted, which would-require additional time before a report could be presented to Council. Following further comment, it was moved by Alderman Hinsperger, seconded by Alderman Merrett, that the communication be referred to the Municipal Parking and Traffic Committee'for the preparation of recommendations to Council. Carried Unanimously, It was then moved by Alderman Chessman, seconded by Alderman Cummings, that staff be directed to prepare a report on short term solutions to the traffic congestion in the Stanley Avenue/Valley Way/McRae Street area. Carried with Alderman Puttick voting contrary, and all others voting in favour. No. 167 - Niagara Falls Hornets Hockey Club - Re: Country Music Festival. The communication requests permission to sell beer and liquor in conjunction with a country music festival to he held at the Niagara South Arena on September 21, 1980. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fete, that the request be approved subject to established policy. Carried Unanimously. No. 168 - Mr. B. Sinclair - Re: Moretta Estates Subdivision. The report communication requests that Council consider permitting the developer of the subject subdivision to proceed with servicing of a portion of the plan. ORDERED on the motion of Alderman Fete, seconded by Alderman Cummings, that the communication be referred to staff for the preparation of a report. Carried Unanimously, REPORTS No, 456 - City Manager - Re: Requests for tlearin8, Deeming By-law 80-124. The report recommends that the owners of lands affected by By-law 80-124 who have -6- requested a hearing pursuant to section 29(11a) of The Planning Act, be invited to meet with staff to discuss the effects of the by-law and their objections, as well as the scheduling of a hearing before Council. ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 457 - Planning Director - Re: Official Plan Amendment No. 102, Welland Securities, Stanley Avenue South. The report recommends endorsement of certa< modifications to Official Plan Amendment No. 102 by Council and forwarded to~ the Ministry of Housing for final approval of Amendment No. 102. The Senior Planner provided additional information in response to a question raised by Alderman Sobol. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 458 - City Clerk - Re: AM-5/79, Restricted Area By-law 79-209, Proposed Waste Stabilization Ponds - Town of Fort Erie. The report advises that the in the City Council Chambers, for the hearing r e s supporting or opposing the subject application. ORDERED on the motion of AIderman Fera, seconded by Alderman Hinsperger, thai the report be received and filed. Carried Unanimously. No. 459 - Planning Director - Re: Six Month Report on Residential Development The report provides information on residential development during the first months of 1980. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. No. 460 - Local Architectural Conservation Advisory Committee - Re: Designat!, of Architecturally and Historically Significant Buildings within the City of Niagara Falls. The report recommends that Council authorize the City Clerk t cause notice of intention to designate to be given to the owners of the foli~ properties, pursuant to section 29 of The Ontario Heritage Act: 4325 Bampfiel Street -TheKhan Residence; 3289 St. Paul Avenue -_T. he Robinson Residence;a the British Methodist Episcopal Church at the northeast comer of Peer and G Streets. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that ~ the report be received and adopted. Carried Unanimously. ~ No. 461 - City Manager - Re: Property Standards By-law 74-204, Mr. A. Ciccom 4476 Bridge Street. The report recommends that under Clause (a) of sub-sect! 7.10.4 of By-law 74-204, the Corporation retain a wrecking contractor to ion complete the work which Mr. Ciccone was directed t9 carry out under the Ordel given June 16, 1980 and that pursuant to sub-section 7.10.5 of said by-law, any expense incurred by the Corporation, its servante'er agents in carrying the work aforesaid, be recovered in a like manner as municipal taxes. ORDERED on the motion of Alderman Cheesman, secofided by Alderman Cummings, the report be received and adopted. Carried Unanimously. No. 462 - City Manager - Re; Property Standards By-law 74-204, Mr. R. Anger, 4973 Crysler Avenue. The report recommends that under Clause (a) of sub-see 7.10.4 of By-law 74-204, the Corporation retain a disposal service to forthw complete the work which Mr. R. Anger was directed to carry out under the Ord given March 19, 1980, and that pursuant to sub-section 7.10.5 of said By'law'- that any expense incurred by the Corporation, its servants or agents in carr,~ out the work aforesaid, be recovered in a like manner as municipal taxes. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, t~ the report be received and adopted. Carried Unanimously. No. 463 - City Manager - Re| Estate of Teresa Martin and Request for a New D The report recommends passage of a by-law authorizing the execution of a quii claim deed to the executors of the estate of the late Teresa Martin. ORDERED on the motion of Alderman gchisler, seconded by Alderman Hinsperger, the report be received and adopted. Carried Unanimously. 'See By-law No, : Report --Rez Purchase of Lands by the City from Ontario Hydro and Reconveyana to R. Powell. ~ This report was withdrawn, -7- No. 464 - City Manager - Re: Niagara South Board of Education - Request for Conveyance of Road Allowance. The report recommends that Council hear any person who claims his land will be prejudically affected by the by-law to stop up and close and to authorize the sale of that part of the unopened road allowance between Township Lots 17 and 24 of the former Township of Stamford, designated as Part 7 on Reference Plan 59R-3100, and subject to there being no objections, passage of the by-law to authorize the conveyance of the road allowance. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 80-144 · No. 465 - City Manager - Re: Sale of Used Equipment. The report recommends acceptance of an invitation to participate with the Regional Municipality of Niagara at their equipment auction sale. ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 466 - City Manager - Re: Contract S.S. 16-80, Storm Sewer Construction on Coholan Street from Portage Road to the East Limit, Sinnicks Avenue from Coholan Street to Vine Street, Vine Street from Sinnicks Avenue to Portage Road and Swayze Drive from Judith Avenue to the North Limit of R.P. 15. The report recommends acceptance of the unit prices submitted by Duffin Contracting Limited for the subject contract. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the report be received and'adopted. Carried Unanimously. See Resolution No. 51 See By-law No. 80-169 No. 467 - City Manager - Re: Contract R.C. 18-80, Road Reconstruction on Ferguson Street, Road Reconstruction and Storm Sewer Construction on Churchill Street, and Finished Road Construction on Village Crescent in Frontenac Woods Extension Subdivision. The report recommends acceptance of the unit prices submitted by Steed & Evans Limited for the subject contract, and that an esti~ated amount of $15,000 for completion of the project, be charged to Account #13101. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 52 See By-law No. 80-170 No. 468 - City Manager - Re: Ontario Paper Company Limited Old Newspaper Recycling Program. The report recommends that the Director of Municipal Works be authorized to contact the Ministry of the Environment to obtain detailed information on financial incentives which may be available to the City for the newspaper recycling program and representatives from Ontario Paper be invited to make a presentation to Council on this Company*s expansion plans and need. for quantities of old newspaper. Alderman Cheesman advised that at the recent A.M.O. conference, he had viewed a short slide presentation by the firm explaining how they would proceed in this program. The Alderman felt that such a slide presentation would be very helpful to Council in understanding the program. The Director of Municipal Works provided additional information regarding the energy from waste program presently under consideration by the Region. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and adopted, and further that the firm be requested to provide a slide presentation when appearing before Council regarding the proposed expansion plans and old-newspaper recycling program. Carried Unanimously. No. 469 - City Manager - Re: Sidewalk Ramps on Main Street. The report recommendez 1) That asphalt ramps be placed at the intersection of Main Street and Robinson Street and Main Street and Peer Street immediately as a temporary measure to provide some relief to handicapped persons for this year; and 2) That permanent concrete ramps be installed at the same intersections during the reconstruction of Main Street in the Spring of 1981. .: Alderman Cummings suggested that a eopy of the report be forwarded to the Social Planning Council for information purposes due to their involvement with the physically handicapped. The Alderman referred to the availability of grants from the Federal and Provincial Governments for ramping of public buildings~ and suggested that staff contact the President of the Social Planning Council in this reSard. The Director of Municipal Works indicated that he would speak to Mrs. Spironello on the matter. -8- ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 470 - City Manager - Re: 1980 Roads and Transportation Association of Cane Conference. The report recommends that a representative of the City Council be delegated for the 1980 R.T.A.C. Conference to be held in Toronto from September 29 - October 2, 1980, inclusive. Alderman Herrerr noted that one of the topics for discussion involved signing, and suggested that any delegate from the City attending should try and get further information on this matter. Alderman Cheesman suggested that Alderman Puttick should attend the conference because of his involvement in transportation studies with the Niagara Parks Commission and his knowledge of municipal traffic matters. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fete, that Alderman Puttick be authorized to attend the conference. Carried Unanimously. No. 471 - City Manager - Re: Niagara South Recreation Centre Architect's Contract. The report recommends passage of a by-law to authorize the signing of a contract with C.N. Chapman Associates for the architectural plans and field inspection for the addition to the Niagara South Recreation Centre. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 80-.,~ No. 472 - Mayor Wayne Thomson - Re: Possible Renaming of the Niagara Falls Memorial Arena. The report advises that some interest has been shown in a proposal to have the Niagara Falls Memorial Arena renamed, and indicates that the Arena was originally dedicated as a memorial to those persons who served in our armed forces during the Second World War. Mayor Thomson feot that any change in the designation might be considered to be a lessening in recognition of the sacrifice made by those who served our Country. ORDERED on the motion ofAldermanMarrett, seconded by'Xlderman Hinsperger, that no change be made in the name of the Niagara Falls Memorial Arena, and further that any names suggested be kept on file for possible use in other City and recreational facilities. Carried Unanimously. No. 473 - City Manager - Re: Availability of Loans under The Tile Drainage Act The report recommends that Mr. Ben Redekop, O.L.S. be appointed Inspector of Drainage for the City of Niagara Falls to perform duties required under the Tile Drainage Act 1971. ORDERED on the motion of Alderman Schisler, seconded ~y Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. No. 474 - City Manager - Re: Municipal Accounts. The report recommends paymen:'! of the municipal accounts. The City Treasurer and Director of Municipal Works provided additional I' information regarding Cheques #7103 and #7342 in response to questions raised by Aldermen Sobol and Puttick. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 475 - City Manager - Re: R.R.A.P. Agency Agreement. The report recommends passage of a by-law to authorize an amendment to the agreement'with C.M.R.C. respecting the Residential Rehabilitation Assistance Progranune. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cu~nings, thati~ ,.the report be received and adopted. Carried Unanimously. See By-law No. No. 476 - City Manager - Re: Emergency Preparedness for the Eighties. The report recommends that the Fire Chief be authorized to attend the subject conference to be held in Toronto from November 16 - 19, 1980, inclusive. ORDERED on the motion of Alde~umn Cummings, seconded by Alderman Hinsperger, :I.that the report be received and adopted. Carried Unanimously. No. 477 - City ManeSet - Rot Requests for Beer Concessions at Municipal The report recommends approval be 8ranted to the sponsors of six hockey -9- to conduct beer concessions at the various municipal arenas in conjunction with the said tournaments, subject to the approval of the Niagara Regional Police, Niagara Falls Fire Department, Niagara District Health Unit and the L.L.B.O. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 478 - City Clerk - Re: Consent Items. 1) Niagara Peninsula Conservation Authority - Re: Authority and Council Tour, September 6, 1980. Recommendation - That as many members of Council as possible accept the invitation. -2) Parents without Partners - Re: Request to have the week of October 25th to November 1st, 1980 designated as P.W.P. Week in Niagara Falls. Recommendation - That the request be approved subject to established policy. 3) Consumers' Gas - Re: Notice of Application for Approval of Interim Rates. Recommendation - For the information of Council. 4) Ministry of Regional Economic Expansion - Re: Provision of DREE Grants. Recommendation - For the information of Council. 5) Regional Municipality of Niagara - Re: Staffing of Area Municipalities. Recommendation - That the information be noted and the communication received and filed. In response to a question raised by Alderman Cummings, Alderman Puttick indicated that he did not wish to reveal his source of information on the report carried out on staffing within the Region, however he had felt the information was accurate when he was advised of same. Alderman Cummings felt that the Alderman would not have raised the matter if he did not feel there was reason to doubt the authenticity of his information. In response to a question raised by Alderman Fete, Mayor Thomson stated that he could see no reason why the Region would carry out a study on staffing in the area municipalities. The Mayor indicated that he had not been aware of any such study being carried out. ~ ORDERED onthe motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 51 - FERA - CHEESMAN - RESOLVED that the unit prices submitted by Duffin Contracting Limited for storm sewer construction on Coholan Street, Sinnicks Avenue, Vine Street and Swayze Drive, be accepted at the tendered price of $$287,022.13; AND.the Seal of the Corporation be'hereto affixed. Carried Unanimousl~ No. 52 - SOBOL - CU}~fINGS - RESOLVED that the unit prices submitted by Steed and Evans Limited for road reconstruction on Ferguson Street, road reconstruction and storm sewer construction on Churchill Street and finished road construction on Village Crescent, be accepted at the tendered price of $96,930.50; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslZ No. 53 - CU~giINGS - CHEESMAN -RESOLVED that a message of condolence be sent to the family of the late Mrs. Johanna Grasskemp, a respected member of the community and mother of Alderman John Grasskemp; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslZ No. 54 - FERA - CUD~INGS - RESOLVED that a message of condolence be sent to the family of the late Mrs. Yolanda Martin, a respected member of the community and wife of former Alderman Faho Martin; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Bobol, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No, 80-144 - A By-law to stop up and close and to aRthorize the sale and conveyance of part of the original unopened road allowance between Township Lots 17 and 24 in the former Township of Stamford. 'l - 10 - No. 80-166 - A By-law to authorize the execution of an agreement with Sunnyl~ Construction Limited etal. No. 80-167 - A By-law to authorize the execution of a quit claim deed to the executors of the estate of Teresa Martin. No. 80-168 - WITHDRAWN No. 80-169 - A By-law to authorize the execution of an agreement with W. Duff! Contracting Ltd. for the construction of a storm sewer on Cohol~t Street, Sinnicks Avenue, Vine Street and Swayze Drive. No. 80-170 - A By-law to authorize the execution of an agreement with Steed Evans Limited for road reconstruction on Ferguson Street, road reconstruction a~d storm sewer construction on Churchill Street finished road construction on Village Crescent. No. 80-172 - A By-law to engage an inspector of drainage under the Tile Draim~ Act, 1971. No. 80-173 - A By-law to authorize an amending agreement with Canada Mortgage~ Housing Corporation respecting the Residential Rehabilitation Assistance ProgrAmme. NO. 80-174 - A By-law to amend By-law No. 7531, being a by-law to provide for~ erection of stop signs at intersections. No. 80-175 - A By-law to provide monies for general purposes. Carried UnanimousZ ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, tha~ the following by-laws be now read a second and third_r~me: No. 80-144 - A By-law to stop up and close and to authorize the sale and Township Lots n h No. 80-166 - A By-law to authorize the execution of an agreement with Sunnyle.~ Construction Limited etal. No. 80-167 - A By-law to authorize the execution of ?a quit claim deed to the 'executors of the estate of Teresa Martin. No. 80-168 - WITHDRAWN No. 80-169 '- A By-law to authorize the execution of an agreement with W. Duffl Contracting Ltd. for the construction of a storm sewer on Cohol Street, Sinnicks Avenue, Vine Street and Swayze Drive. No. 80-170 - A By-law to authorize the execution of an agreement with Steed Evans Limited for road reconstruction on Ferguson Street, road reconstruction and storm sewer construction on Churchill Street~ finished road construction on Village Crescent. ~ No. 80-171 -'A By-law to authorize the execution of'an agreement with Donald N. Chapman, Architect· ' No. 80-172 - A By-law to engage an inspector of drainage under the Tile Drain Act, 1971. No. 80-173 - A By-law to authorize an amending agreement with Canada Mortgage Mousing Corporation respecting the Residential Rehabilitation Assistance Programme. No. 80-174 - A By-law to amend By-law No. 7531, being a by-law to provide for erection of stop signs at intersections. No. 80-175 - A By-law to provide monies for general purposes. ~~ 'Carried Unanimou ......... ,.,, .11 . - 11 - NEW BUSINESS FINANCE COMMITTEE MEETING Alderman Cheesman reminded members of the Finance Committee of the meeting to be held on September 3, 1980 at 4:00 p.m. RECREATION ASSOCIATION CONFERENCE Alderman Schisler provided a brief report on the conference he had attended in Halifax. The Alderman commented that Halifax has a system of saving sizeable funds on its parks and recreation programme, and he had obtained a copy of · the City's budget and budget procedures which he intended to turn over to the Director of Recreation. Alderman Cummings asked if any attempts were made by delegates from the City, to attract conferences to Niagara Falls. Alderman Merrett pointed out that most other cities hosting conferences, will sponsor a banquet or provide complimentary gifts to the delegates. The City's policy on conferences does not provide for such things, and the Alderman pointed out that the City has lost Out on several conferences, such as the 1981 Ontario Traffic Conference, .as a result of this policy. Mayor Thomson indicated that efforts were made to have the Federation of Canadian Municipalities hold a conference in Niagara Falls, however the cost involved would have been in the area of $10,000. Alderman Schisler indicated that he had spoken to the Deputy Director of Recreation on the matter, and he would be preparing some information. PUBLIC MEETING - PROPOSED INDUSTRIAL WASTE SITE Mayor Thomson reminded members of Council of a public meeting to be held in Thorold on September 10, 1980 regarding the proposed industrial waste site to be located at the Walker Bros. Quarries. CITY COL~CIL/EMPLOYEE GOLF TOURNAMENT Alderman Merrett reminded members of Council of the Annual City Council/ Employee Golf Tournament to be held on September 20, 1980 at Rolling Meadows Golf Course. B.I.G. AGENCY FORUM ON MONEY MANAGEMENT Mayor Thomson indicated that the B.I.G. Agency would be sponsoring a forum on money management and there would be representatives of the various government offices involved in business and industry present to answer questions and provide assistance to interested individuals. The forum would be held at the Park Motor Hotel on September 10, 1980. It was moved by Alderman Sobel, seconded by Alderman Cheesman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, · MAYOR WAYNE THOMSON THIRTY-THIRD MEETING Council Chambers September 8, 1980 SPECIAL MEETING Council met in formal session on Monday, September 8, 1980, following a meeting of the General Committee. All members of Council were present with the exception of Aldermen Dilts and Orr. His Worship, Mayor Thomson presided as Chairman. REPORTS No. 479 - Mayor Thomson - Re: Terry Fox Week in Niagara Falls. The report recommends that the week of September 7th - 13th, inclusive, be declared "Terry Fox Week" in the City of Niagara Falls and that all residents and local organizations be invited to participate in an expression of public support. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 480 - City Manager - Re: Acquisition of Ontario Hydro Lands and Reconveyance to Ralph Powell, Trustee. The report recommends passage of a by-law to authorize the acquisition of lands from Ontario Rydro and the sale thereof to Ralph Powetl, Trsstee. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Cheesman, thatthe report be received and adopted. Carried Unanimously. See By-law 80-1~8 OBJECTIONS TO BY-LAW 79-200 Communication No. 169 - Mr. R.J. Kajan - Re: Objection No. 46, REdeemer Bible Church. The communication requests an amendment to By-law 79-200 respecting the Church property on West Service Road of the Q.E.W. north of Montrose Road, as follows: "19.21.48 None of the provisions of section 12.1 shall apply to prevent the use of the land on the westerly side of Montrose Road shown hatched and designated A and numbered 48 on Sheet D2 of Schedule "A", as amended, or the erection or use of buildinSs or structures thereon for the purpose of any one or more of the following uses: (a) Place of Worship, (b) Religious Institution; (c) Recreational Use_~s, (d) Senior Citizen Home, and (e) Accessory 'BuildinSs and Accessory Structures which are accessory to any of the foregoing uses, including not more than 1 dwelling unit which is accessory to and on the same .~p.t as the principal use." ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Chessman, that the request be approved. Carried Unanimously. Report No. 481 - City Solicitor - Re: Objection Vii, Cyanamid Canada Inc. Niagara and Welland Plants and #127 Chemacryl Plastics Limited. The report recommends that the Ontario Municipal Board be advised that the Council is prepared to amend By-law 79-200 by passing amending by-laws to include special provisions for the Cyanamid and Chemmcryl lands. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. Objection #79 and Official Plan Amendment No. 71 - Group 2 Development - It was moved by Alderman Schisler, seconded by Alderman Sobol, that the lands covered by Objection #79 remain shown as agricultural. The motion Carried with the following vote: ~YE: Aldermen Cheesmmn, Cummings, Feras Graaskamp, Orr, Puttick, Schisler and Sobol. ~AYE: Aldermen Htnsperger, Herrerr and Mackenzie. Objection #121 - D. Iseppon and E. Spironello - It was moved by Alderman Merrett, seconded by Alderman Cummings, that the lands covered by Oblectton.#121 be zoned GI with certain additional uses included. Carried Unanimously, Obtection ~39 --Ministry of Natural Resources and Objection #110 - Niagara Peninsula Conservation Authority - The report recommends (a) That Council indicate to the Ontario Municipal Board that it I8 prepared to revise all Zoning By-law schedules so as to restrict the Hazard Land Zoning to the delineated floodlines; (b).That the Council is prepared to make the minor by-law text revisions referred -2- to in the Ministry of Natural Resources letter dated August 29, 1980 and including the following: i. delete Section 16.1.(c) with reference to park development, ii. delete references to Section 12 and 14, iii. provide for existing buildings only by revising the permitted uses in Hazard Zones to be in conformity with the Conservation Authority's policies; (c) That Front Street will be shown as the boundary line for the Hazard Land designation on the north side of the River through the Village of Chippawa; (d) That with respect to the Niagara Parks Commission lands, a special proviso under Section 19 will be inserted into the By-law to reflect the following intent: "that within a 30 ft. setback from the top of the bank of the Niagara River or Gorge, any proposed development, excluding public park use, should be approved to the satisfaction of the Ministry of Natural Resources"; and (e) That F.A. Branscombe, Objection #77 be provided with copies of this report and relevant correspondence from the Ministry of Natural Resources and the Niagara Peninsula Conservation Authority. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. BY-LAW ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, t~ leave be granted to introduce the following by-law, and the by-law be read a ~ first time: No. 80-168 - A By-law to authorize the acquisition of land from Ontario Hydre! and the sale thereof to Ralph Powell, Trustee. Carried Unanimous~ ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that following by-laws be now read a second and third time: No. 80-168 - A By-law to authorize the acquisition of land from Ontario Hydr0~{ and the sale thereof to Ralph Powell,. Trustee. -- Carried Unanimous~+ NEW BUSINESS TENNIS COURTS - A.G. BRIDGE PARK Mayor Thomson introduced a letter from Mrs. D. Gammon regarding the tennis courts at A.G. Bridge Park. The Mayor explained that Mrs. G~mmon is experiencing problems with people using the tennis courts, including tennis balls landing on her property, people climbing the ~ence, abusive language, as well as a drainage problem caused by the courts. A net apparently was erected by the Recreation Commission in an effort to prevent the balls landiPj,; on Mrs. G-~mon's property, however the Mayor advised that the nets were not successful and most of them had been removed. Alderman Herrerr indicated that Mrs. Gammon had not been aware of this problem when she had purchased the property, and pointed out that the courts had been at the Park for fifteen years. It was moved by Alderman Cummings, seconded by Alderman Sobol, that the matter be referred to staff for the preparation of a report. Carried Unanimously.. TRANSPORTATION ADVISORY CONNITTEE - QUEEN VICTORIA PARK Alderman Cheesman advised Council that he is unable to attend further meetings of the Queen Victoria Park Transportation Advisory Committee, and suggested that Council consider appointing another member to replace him. Mayor Thomson stated that both he and Alderman Merrett were presently serving on the same committee, and he did not feel a replacement would be 'necessary at this time. CONCRETE FENCE - WILLINGER STREET Alderman Sobol referred to a complaint raised previously regardinS a concrete wall erected between the rear yards of properties on Willinger Stree~ on which the City had not been able to anythins. The Alderman indicated that the residents in the area of the property with the wall are experiencing drainage problem and have requested that a catchbasin be installed. It was -3- the possibility of installing a catchbasinin this area. Carried UnanimoUsly. LORD MAYOR OF LONDON, ENGLAND Mayor Thomson advised Council that the Lord MAyor of London, England had been in the City recently and had presented to the Playor and Council, a mug bearing the Lord Mayor's personal crest as well as the crest of the City of London, England. It was moved by Alderman Cheesman, seconded by Alderman Merrett, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ ANDADOPTED, COL] MAYOR WAYNE THOMSON Committee Room #1 September 8, 1980 Council met on Monday, September 8, 1980 in Committee of the Whole following a special meeting of Council. All members of Council were present with the exception of Aldermen. Dilts and Orr. Alderman Cheesman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR WAYNE THOMSON Council Chambers September 8, 1980 Council reconvened in formal session on Monday, September 8, 1980, following a meeting in Committee of the Whole. All members of Council were present with the exception of Alderman Dilts.and Orr. His Worship, Mayor Thomson presided as Chairman. The meeting adjourned. READ AND ADOPTED, j.L.C_h~ ~ ~ kA&aa a a, MAYOR WAYNE THOMSON THIRTY-FOURTH MEETING Committee Room #1 September 15, 1980 COMMITTEE OF THE WHOLE Council met on Monday, September 15, 1980 in Committee of the Whole. All members of Council were present with the exception of Alderman Sobol. Alderman C-mmings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~A.a m~~ ~4~4~ READ AND ADOPTED, REGUL MAYOR WAYNE THOMSON Council Chambers September 15, 1980 Council met on Monday, September 15, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Sobol. His Worship, Mayor Thomson presided as Chairman. Alderman Schisler offered the Opening Prayer. ~ ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Dilts, that the minutes of the meeting held on September 2nd, 1980, be adopted as printed. Carried Unanimously. PRESENTATIONS MR. G. SINGLETON His Worship, Mayor Thomson presented Mr. Gordon Singleton with a set of engraved book ends. The Mayor commented that although Canada had not participated in the 1980 Olympic Games in Moscow, the athletes of Canada who had been chosen to represent the Country should be recognized. Mayor Thomson also presented a desk set to Mr. Singleton's coach, Mr. Soens. ACHIEVEMENT AWARD His Worship, Mayor Thomson presented achievement awards to John Campbell and his coach Mike DeGuida. The Mayor advised that John Campbell won the Ontario Tyke 800M Championship held in Oakville on September 6, 1980. DEPUTATION RESIDENTS OF THOROLD STONE ROAD/CARROLL AVENUE lIE: BRIGHT'S CANNING FACTORY PUMP DRYING PROCESS Communication No. 170 - Residents of Thorold Stone Road/Carroll Avenue Area - The communication outlines strong objection to the new pulp drying process at Bright's Cannery, due to noise, odour and vibration. Mr. F. Bertoncin provided additional background information on the matter. Mayor Thomson indicated that he~ Alderman Fera and the City Clerk had visited the site to look at the situation and were familiar with the complaint. The Mayor suggested that the matter be referred to staff to meet with the officials of Brightve, area residents and officials of the Ministry of the Environment. Alderman Fera com~aented that since he .had first been called on the matter, the situation had not improved and in fact had gotten worse. The Alderman did not see any prospect of improvement unless Council took some action. -2- Alderman Puttick suggested that the Business & Industrial Growth Agency be brought in to assist in resolving the matter. In response to a question raised by Alderman Graaskamp, Mayor Thomson indicated that the process involved fruit and vegetable pulp laying on the ground in the open. It is picked up by a front end loader and dumped into a hopper where it is dried. The Mayor felt the operation should be enclosed. ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that the matter be referred to staff to arrange a meeting between the residents, Bright's, the Ministry of the Environment and the B.I.G. Agency. Carried Unanimously. UNFINISHED BUSINESS 1980-81 CANADIAN COMMUNITY DEVELOPMENT PROJECTS PROGRAMME Report No. 482 - City Manager - The report recommends that since the type of projects under this Progrannne would be best suited to sponsorship by a commum~ organization and the tourist industry, that the City not directly sponsor a project. The report further recommends that the City offer technical assista to any group who wished to become involved in conducting research on communit... matters which relate to any City Department. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, tha~ the report be received and adopted. Carried Unanimously. MORETTA ESTATES SUBDIVISION Report No. 483 - City Manager - The report recommends that the subject subdi~ be developed in three phases: 1) Phase I, Lots 7 to 57 inclusive; 2) Phase Lots 1 to 6 inclusive and Lots 58 and 59 on Riall Street; and 3) Phase III, 60 to 130 inclusive; all subject to the procedure outlined. ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the] report be received and adopted. Carried Unanimously. A.G. BRIDGE PARK TENNIS COURTS Report No. 484 - City Manager - The report recommends that two of the six ti' tennis courts remain open until the end of the tennis season, and that the f~ changes he considered by the Finance Committee: 1) Erect a new fence 18' high between the tennis courts and the property at 6303 Carlton Avenue (approximat~ cost $9,000). 2) Redssign the existing tennis courts to reduce the number of courts from six to three to provide for a 9.14 metre (30') buffer area betwee the courts and the property at 6303 Carlton Avenue, with the grade level to take all water drainage to the north and the existing catchbasins. des In response to a question raised by Alderman G~aaskamp, the Director of~ Recreation advised that redssigning the tennis courts to reduce the number of courts from six to three, would definitely affect the amount of tennis played in the area. Since the courts are lighted, evening tennis would be reduced well. Mr. D. Gammon advised that he was not Just experiencing problems with tennis balls being hit onto his property, but people cutting across his yard to reach the tennis courts, abusive language from persons using the courts, and flooding as aresuit of run-off from the courts after rainfall. In response to a question raised by Alderman Merrett, the Director of Recreation advised that the $9,000 mentioned in the ~eport included only the cost of erecting the fence, not redesigning the courts. Alderman Merrett felt that before he could agree with any of the recommendations, he would have to knowall of the costs involved. Aiderman Dilts sympathized with Mr. and Mrs. Gammon, but pointed out thst'~ ,the courts had been in existence for sixteen years, and no complaints had beer!'~ brought to Council's attention previously. The Alderman also pointed out tBt~ there were no funds in the budget to erect the new fence. With respect to closing three of the tennis courts, the Alderman stated that he was opposed to such a move, since taxpayers dollars had been used originally to construct the courts, and it would be a waste of money to tear them out. Alderman Dilt suggested the matter be referred to the Finance Co~mittee for consideration. Alderman Fera felt that the courts were being used by many people and the number of courts should not be reduced. The Alderman asked if the eretrio -3- of the new fence would solve the problem. Mr. Gannon felt that even the eighteen ft. fence proposed would not prevent tennis balls from being hit on to his property. Alderman Puttick did not feel the courts should be eliminated, and suggested that such action could be considered a precedent that would encourage similar requests throughout the City. Alderman Cheesman pointed out that Mr. Gannon has several large dogs and felt that they would likely deter people from trespassing on the property. Mr. Gammon stated that his dogs are kept in pens and are only allowed loose when under direct supervision. Mr. Gammon further explained that the dogs were a hobby and he had purchased his property so that he would have room for the dogs. Alderman Chessman stated that very recently, new legislation known as the Petty Trespass Act, which gives property owners the right to protect their property. The legislation permits property owners to question a person trespassing and even gives property owners the power of citizen arrest. Mr. Gammon felt that this legislation would not help him unless the police were willing to patrol the property line between the courts and his home. In the past when called, the police had refused to help. Alderman Cummings pointed out that the tennis courts at A.G. Bridge Park were the only lighted courts in the City, and to reduce their number by three would seriously affect the amount of evening tennis being played. The Alderman indicated that he hoped there was some way of reaching a compromise, but not at the expense of the closing three courts. Alderman Graaskamp suggested that the courts be redesigned so that they are facing in the other direction and tennis balls would not be directed towards the Gannnon's property. Several residents from the area confirmed that the tennis courts have caused problems over the years, however they felt the new fence would resolve most of the complaints. ~ Following further comment, it was moved by Alderman Dilts, seconded by Alderman Chessman, that the matter be referred to budget discussions by the Finance Committee, and further that Mr. Gammon be given an opportunity to address the Committee at that time. Carried Unanimously. PORTAGE ROAD BRIDGE OVER THE H.E.P.C. CANAL Communication No. 171 - Regional Municipality of Niagara - The communication advises that the Regional Public Works & Utilities Committee has instructed Regional staff to prepare a report for the September 11, 1980 meeting of the Committee incorporating the estimated cost of the total demolition of the bridge and all associated costs, the feasibility of transferring to the City funds equal to the amount of the projected Regional share of the costs associated with the works as outlined, and the possibility and feasibility of transferring Jurisdiction of the bridge to the City of Niagara Falls. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the communication be received and filed. .Carried Unanimously. STAMFORD PARK Report No. 485 - City Manager - The report recommends that the Niagara Shrine Club be advised that the Parks storage building at Stamford Park on Montrose Road is.unavailable for use by the Club. · Mayor Thomson provided additional information in response to a question raised by Alderman Puttick concerning vandalism and use of the building. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted, and further that staff determine if there is any other way the City can assist the Club. Carried Unanimously. COMMUNICATIONS No. 172 - Historic Sites and Monuments Board of Canada - Re: Lundy's Lane Battlefield. The communication advises that Parks Canada has uo plans at this time to acquire private property associated with the Battle of Lundyss Lane. Alderman Graaskamp felt that the battle of Lundy's Lane was most important in the history of Canada, and suggested that a letter expressing the City's -4- disappointment should be sent to the local Member of Parliament advising of the reaction of Parks Canada. His Worship, Mayor Thomson explained that steps were being taken to have the area designated to be of historical significance under the Ontario Heritage Act, which would give the land some protection against development. With respect to Alderman Graaskamp's suggestion, the Mayor felt a similar letter should also be sent to the Parks Board. Mayor Thomson also referred to a small parcel of land which runs along the rear of the United Church, and suggested that this property would make an excellent extension to the Church property and could be designated for its historical importance in the War of 1812. The Mayor felt the Government might consider acquiring this small parcel of land instead of the larger area. Following further comment, it w~s moved by Alderman Graaskamp, seconded by Alderman Cheesman, that a letter be sent to Mr..A.A. MacBalm, M.P. and Parks Canada, expressing the City's disappointment that the Lundy's Lane Battlefield Site will not be acquired and established as an historical park; and further that inquiries be made to Parks Canada regarding the possible acquisition of the small parcel of property to the rear of the Lundy's Lane United Church for the establishment of an historical park site. Carried Unanimously. No. 173 - Mr. G.W. Vosper - Re: Reginald Fessenden. The communication request' that Council support a request to the Postmaster General to consider issuing~ commemorative stamp honouring the "Father of Voice Radio". ; ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Merrett, the:~ Council endorse the request to .have a commemorative stamp issued in honour of Reginald Fessenden. Carried Unanimously. No. 174 -Miss Ruth Redmond - Re: Lundy's Lane Battlefield Site. The communication expresses appreciation to the Council for efforts to have the subject property designated historical, and further expresses objection to the commercial zoning placed on the lands under the new Zoning By-law. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Cunmings, that the communication be referred to the Planning D{-~ector to meet and discuss with Miss Redmond a study of the.zoning in this area. Carried Unanimously. No. 175 - City of St., Catharines - Re: Liability Clause in Agreement with Consumers' Gas Company, Municipal Gas Franchise. The communication requests that Council support the position of the City of St. Catharines in seeking a liability clause in the Agreement with Consumers' Gas Company respecting the transportation and supply of gas within communities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that Council support the position taken by the City of St. Catharines in this matter. Carried Unanimously. No. 176 - Social Planning Council - Re: Gambling Monitoring Committee. The communication recommends that Council approve the following personnel for the Gambling Monitoring Committee: Chairman: Mr. J. Walker, Vice-Chairman/Secr~ ORDERED on the motion of Alderman Schisler, seconded by Alderman Herrerr, tha~ the recommendation be approved. Carried Unanimously. - ' - No. 177 - Niagara South F~deration of Agriculture - Re: Proposed Zoning By-l~ and Agricultural Code of Practice. The communication comments on the prop0s~ Zoning By-law, particularly as it relates to agricultural areas. ORDERED on the motion of Alderman Craaskamp, seconded by Alderman Cummings, the communication be referred to staff for further consideration. Carried Unanimously. REPORTS . No. 485 - City Manager - Re-' Estate of Arthur Donald Willick and Request for .. New Deed - Lot 110, Plan 7, former Village of Chippawa. The report passage of a by-law to authorize the execution of a quit claim deed for Lot Plan 7, former Village of Chippawa, to the executor of the estate of the Arthur Donald Willick. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, the report be received and adopted. Carried Unanimously., See By-law 80-1 -5- No. 486 - City Manager - Re: Drummond Village Condominium Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the City of Niagara Falls concurs with a one year extension of draft plan approval, to October 11, 1981, in respect to the proposed Drummond Village Condominium Subdivision. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 487 - City Manager - Re: Mount Forest II Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the City of Niagara Falls concurs with a one year extension of draft plan approval to October 19, 1981, in respect to the proposed Mount Forest II Subdivision. ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 488 - City Manager - Re: Proposed Closing and Sale of the Westerly 33 Ft. of Smith Avenue. The report recommends passage of a by-law providing for the assumption of the Smith Avenue road allowance. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law No. 80-178 No. 489 - City Manager - Re: Request for Reserve - Lot 23, Falls Industrial Park Extension. The report recommends that Council approve the reservation of Lot 23 in the Falls Industrial Park Extension to Mr. John Kamphius of Industrial Gauge. and Instrument Limited until November 28, 1980. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 490 - City Manager - Re: Closing and Conveyance of Part of Unopened Road Allowance between Township Lot 5 and Gore Lots 3, 4 and 5 of the former Township of Stamford. The report recommends that part of the subject unopened road · allowance be stopped up and closed by by-law and conveyed to Luane and Nuziato Pellegrino for the appraised value of the said part of the unopeaed road allowance and the cost of all of the City's expenses in stopping up and conveying the same. Mr. M. Stockton was granted permission-to 'address Council on the motion of Alderman Herrerr, seconded by Alderman Cummings. Mr. Stockton advised that the previous owner of the lands, Mrs. Sophie Fischer, had lived on the land for over fifty years, however no one had sufficient recollection of the property to show if prior owners had used the road allowance. Mr. Stockton indicated that copies of deeds dating back to 1843 give rise to the implication that the lands, including the road allowance, were continuously used by property owners. The description of the deeds included the road allowance without making specific reference to it. Mr. Stockton also advised that taxes had been paid on the entire property including the road allowance over the years. It was explained that in this case, the road allowance was included in a piece of property for a long time, and the property owner had not been aware of its existence. A survey of the area done by the M.T.C. included a reference to the road allowance being closed at one time. Mr. Stockton requested that due to the unusual circumstances in this case, that Council consider charging less than appraised value of the land, or a nominal fee, plus the City*s legal costs for the.conveyance of the land. In response to a question raised by Alderman Herrerr, the Deputy City Solicitor advised that he was not aware of a similar case in the past. Although the Municipal Act permits the Council to fix the price, the practice has been to charge appraised value. The Deputy Solicitor further advised that no evidence had been given to show legal entitlement of the property to the purchaser requesting the conveyance. Additional information was provided by the Deputy Solicitor in response to a number of questions raised. Foliowing further comment, it was moved by Alderman Graaskamp, seconded by Alderman Schisler, that the report be received and adopted. It was then moved by Alderman Puttick, seconded by Alderman Merrett, that the report be tabled for further consideration. The motion to table, which took Precedence, Carried with the following vote: AY__Ez Aldermen theesmart, Cummings, Fore, Hinsperger, Merrett, Offend Puttick. NAYE= Aldermen Dilts, Graaskamp and Schisler. Alderman Mackenzie abstained from voting on a 'conflict of interest. -6- No. 491 - City Manager - Re: Co-Operative Tenders, Sodium Chloride. The rap0: recommends that the tender submitted by Domtar Chemical Group for the supplyl sodium chloride be accepted. ORDERED on the n~tion of Alderman Merrett, seconded by Alderman Fera, that th report be received and adopted. Carried Unanimously. No. 492 - City Manager - Re: Building & Development Report. The report provi:4 current news relative to permit statistics and development proposals for the month of August, 1980. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the ! report be received and filed. Carried Unanimously. No. 493 - City Manager - Re: Niagara South Recreation Centre - Contractor's Agreement. The report recommends passage of a by-law to provide for an agree~ between Niagara River Construction Ltd. and the City for the addition of show~ rooms at the Niagara South Recreation Centre. The Building & Development Co-ordinator provided additional information regarding the proposed completion date in response to a question raised by Alderman Rinsperger. ORDERED on the motion of Alderman Dilts, seconded by Alderman Minsperger, the: the report be received and adopted. Carried Unanimously.. No. 494 - City Manager - Re: InterimMeasures, Stanley Avenue/Valley Way Inter section. The report recommends that Council consider the various alternativei for providing interim relief to the existing traffic congestion at the subjet!r( intersection. Alderman Cununings referred to traffic counts mentioned in the report, an:4 pointed out that the counts were taken in October and would not reflect the heavy traffic in the area during July and August. The Alderman was critical of the fact this problem intersection had existed for years, and now that the City was trying to correct the situation, the Region wants to study the matter Mayor Thomson pointed out that a solntion to the problem is not as simple as erecting traffic lights, since signalization of the intersection with the present offset could make traffic congestion worse.__ In response to a question raised by Alderman Merrett, the Director of Municipal Works stated that the Region had prepared a report on the matter indicating that if left hand turns from Valley Way were prohibited, traffic congestion on Stanle~ Avenue would improve, however the through'movement oK traffic to the Downtown would be impeded. Re-alignment of Valley Way is ef t obvious solution, and the Region could be requested to carry out constructi0n. i within the Regional road allowance and erect traffic signals, while the City would be responsible for re-aligning a section of V~lley Way. Because of the~ cost involved, preliminary design on the project could begin,' however the work could not be considered until 1981. Alderman Puttick suggested the use of red lights and green arrows simik to systems used in Toronto. The Director of Municipal Works stated that thisi~ type of scheme will work if an intersection is lined up properly, With offst intersections such as Stanley Avenue and Valley Way, traffic signals are not usually recommended. In the case of Stanley Avenue and Valley Way, the light would create a longer hold-up for traffic on Stanley Avenue which is the priD mover. Several thousand cars on Stanley would be delayed in order to factlit; several hundred on Valley Way. Mrs. T. Matheson was granted permissionto address Council on the motion of Alderman Cummings, seconded by Alderman Hinsperger. Mrs..Matheson explai~ that the traffic problems were compounded by the new plaza at the corner of Stanley Avenue and Valley Way. Mr8. Matheson commented that since she lived in the area, she had to use this intersection quite often~ and the delays a~ accidents were a constant concern. In response to comments made by Mrs. Matheson, Aldenan Fera stated thai the Region was involved in the matter because Stanley Avenue is a Regional road and signalization of intersections is the responsibility, Mayor Thomso~ suggested that Regional staff be invited to attend the next Ceneral Committee session to assist Council in reaching a solution to the problem. With respect to traffic lights, Alderman Puttick asked if the flashing - 7- street lighting had been carried out, however the flashing light had not been erected as yet. It was hoped the light would be operational by the end of the month. In response to a further question raised by Alderman Puttick, the Projects & Services Engineer indicated that the forces which normally arrange for such lights to be ordered and installed were not under his control, and he could not provide any information with respect to the purchase order. Following further comment, it was moved by Alderman-Cummings, seconded by Alderman Fera, that officials of the Regional Municpality of Niagara be requested to attend the next General Committee session to discuss improvements to the intersection of Stanley Avenue and Valley Way. Carried Unanimouslye. No. 495 - City Manager - Re: Drainage Complaint - Mrs. Rodgers at 6763 Wilinger Street. The report recommends that Mrs. Rodgets of 6763 Wilinger Street be advised that a solution to her drainage problem is for her to arrange for the construction of the necessary swale to a nearby existing catchbasin. Since Alderman Sobol had been involved in this matter, it was suggested that the report be tabled until the Alderman was present. ORDERED on the motion of Alderman Dilts, seconded by Alderman Ninsperger, that the report be tabled. Carried Unanimously. No. 496 - City Manager - Re: Winter Control, 1980-81 Snow Clearing from Cul-de- Sacs with Four-Wheel Drive Vehicles. The report provides information on tenders called for the supply of four-wheel drive trucks on an hourly basis to clear snow from cul-de-sacs in place of the large front-end loaders used in the past. Additional information was provided by the Maintenance & Operations Engineer in response to questions raised. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 497 - City Manager - Re: 1980 Rubbish Collection Campaign. The report recommends: 1) Continuing the collection of rubbish through an annual rubbish campaign by using City employees and equipment; 2) Undertaking the annual rubbish campaign during the latter part of April in future years; and 3) Placing funds in the 1981 Operating Budget to provide a limited rubbish collection service, by appointment, from the end of the annual rubbish campaign to the end of the year. Alderman Dilts felt that staff should have asked local contractors to give estimates on the cost of carrying out the rubbish campaign privately. The Alderman felt there were private contractors in the City who would be available to carry out such work. With respect to the recommendation of scheduling the rubbish collection in April, Alderman Merrett felt this did not allow people much time to clean up their yards following .the winter weather. The Maintenance & Operations Engineer provided additional information regarding the rubbish collection in response to questions raised. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Dilts, that recommendations ~1 and #3 be adopted, that recommendation #2 be referred to 1981 budget discussions, and further that staff contact local contractors to determine if they would be interested in tendering on the City's annual rubbish campaign. Carried Unanimously. No. 498 - City Manager - Re: Parking Prohibitions - Region. The report recommends that the Region be advised that the City has no objection to their proposed parking restrictions surrounding the intersections of Dunn Street and Stanley Avenue and Thorold 'Stone with Kalar Road. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fare, that the report be received and adopted. Carried Unanimously. No.'499 - Finance Committee - Re: Finance Committee Matters. The report recommends: 1) That the report of the City Manager dated 1980 08 18 relating to fringe benefits for members of Council, be received and filed; 2)'That the City'agree to pay 50% of the costs of removing the old Christmas scroll lighting from the Central Business District area at an estimated cost of $400, with Niagara Falls Mydro paying the other 50%; and 3) That the City pay for advertising in two publications as follows| (a) 1/4 page in NlaRara flashing lights for the approaches to the curve on Willoughby Drive had been erected as yet. LScouting at a cost of $85. (b) One page in 34 issues of the Niagara Falls The Projects & Services EnSineer indicated that improved Flyers programs at a cost of $500. ORDBRED on the motion of Alderman Chessman, seconded by Alderman Nerrett, that ..... 7 the report be received and adopted. Carried Unanimously. t -8- No. 500 - Finance Committee - Re: Remuneration for Election Workers, 1980 Municipal Election. The report recommends that the following rates be established for election workers in the 1980 Municipal Election: 1) Deputy Returning Officer - $55.00; 2) Poll Clerk - $40.00; 3) Rental of Polling Places - $35.00 plus $10.00 for each additional poll where more than one is held in the same polling place; 4) Advance Poll Deputy Returning Officer - $60.00; and 5) Advance Poll - Poll Clerk - $45.00. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 501 - City Manager - Re: Municipai Accounts. The report recommends paym~( of the municipal accounts. The City Manager, City Treasurer and Projects & Services Engineer providi~ additional information on Cheques #7458, ~7522 and ~7530 in response to quem~' raised by Alderman Puttick. · ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, tk~ the report be received and adopted. Carried Unanimously. No. 502 - City Manager - Re: Reclassification of Liquor Licence for Niagara 5008 Centre Street. The report recommends that Council, by resolution, apprc the closing of the bedroom facilities presently situated in the Niagara RoteL~ at 5008 Centre Street, Niagara Falls. Mayor Thomson provided additional information in response to questions raised by Alderman Cheesman. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 503 - City Clerk - Re: Consent Items. l) Niagara Falls Fire Department - Re: Fire Prevention Week, October 5 - 11,~ Recommendation - That the request be approved. 2) Niagara Falls Review - Re: National Newspaper Carrier Day - October 18 1 Recommendation - That the request be approved. _- ' 3) Chamber of Commerce - Re: Small Business Information Week, October 6 - 10~ Recommendation - That the request be approved subject to the established 4) Lupus Foundation of Ontario - Re: Lupus Awareness Week, October 19 - 25, Recommendation - That the request be approved subject to the established 5) Team Chippawa -R~: Special Event Permit. Recommendation - That the request be approved subject to the established 6) Mr. J.E. West - Re: Campaign to'Encourage the Purchase 'of Domestic Autom0 RecOmmendation - For the consideration of Council. Alderman Graaskamp advised that the week of September 21st was "Legion Week" and asked if there would be any suitable observance by the City. The Alderman felt it would be appropriate for the City to officially recognize "Legion Week" in Niagara Falls. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Cheesman, that the report be received and adopted, and further that the City offer tv assist in observance of Legion Week. The motion Carried with Alderman Chees~ voting contrary with respect to item {}6, Alderman Dilts abstaining on a conf~ of interest on item {}6, and all others voting in fayour. No. 504 - City Manager - Re: Disposition of Council Matters. The report ado that a report outlining'the status· of various items appearing on Council age: will be submitted at the September 29, 1980 Council meeting. ORDERED on the motion of Alderman Schisler, seconded by Alde. rman Cummings, the report be received and filed. Carried Unanimously. No. 505 - City Manager - Re: Limousine Service. The report provides informatl' on the City~s policy of transportation to and from conferences. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Merrett, the report be received and filed. Carried with Alderman 8chisler abstainin a conflict of interest. No. 506 - Mayor Thomson - Re: Parking, Traffic and Tourism Study. The recommends passage of a resolution to make application for subsidy on the by the Ministry of Industry and Tourism and the Ministry of Trans Communications. ORDERED on the motion of Aldenwan Marterr, seconded by Alderman Dilts, that the report be received and adopted. ~arried Unanimou~ly. -9- No. 507 -Mayor Thomson - Re: Proposed Schedule - Niagara Falls Arena Renovations. The report recommends that the approval of the proposed schedule for the addition to the Niagara Falls Arena. Alderman Graaskamp questioned why the report was being submitted by the Mayor as opposed to a department head, particularly since such a large sum of money was involved. Mayor Thomson pointed out that he was chairman of the Renovations Steering Committee, which had been approved by Council, and the Committee was only recommending approval of the schedule for the project. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. ' No. 508 - City Manager - Re: Policies - (a) Carnivals, Exhibitions & Tournaments; (b) Special Events and Scheduling of Arenas. The report recommends that the subject policies be amended and the following paragraph added to each policy on a trial basis until September 1981, "Any special event planned by the Promotions Co-ordinator will be given priority over other scheduled events. The Promotions Co-ordinator will receive approval from the City Manager for all events and notify City Council, the Recreation Commission and the groups to be cancelled out. Special approval of City Council must be given if the group cancelled is not notified at least four weeks in advance. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. Mayor Thomson advised that arrangements were being finalized for the closed circuit television coverage of the All/Holmes heavy-weight fight to be held at the Niagara Falls Arena. The Mayor indicated that Team Chippawa would like Council approval to obtain a special occasion permit in order to serve beverages during the fight, with part of the proceeds going towards the Ralph Racine Fund. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the request be approved subject to the established policy. Carried Unanimously, Alderman Puttick asked how many season tickets to the Niagara Falls Flyers games had been sold to date. The Alderman indicated that he had understood previously that over five hundred had been sold, and he had then learned there were only four hundred sold. The City Manager indicated that as of the previous week, there were five hundred and ten sold. Mayor Thomson indicated that when the Promotion & Facilities Co-ordinator was hired, the number of season tickets already listed as sold, had included figures based on calls the Recreation Commission had received for season tickets. When these people were called, some of them had changed their minds and no longer wanted to buy the season tickets. In response to a question raised by Alderman Mackenzie, Mayor Thomson indicated that the number of one thousand season tickets had only been set as an objective, and the City was under no obligation to guarantee the sale of that amount. PETITION Communication No. 178 - Property Owners of Keith Street - Re: The communication petitions the City to construct curbs and gutters on both sides of Keith Street from Portage Road to the C.N.R. Right-of-Way, under the general rate. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the petition be referredto staff. Carried Unanimously. RESOLUTIONS No. 55 - MERRETT - FERA - RESOLVED that the price submitted by Domtar Chemical Croup, Sift Salt Division, for the supply of sodium chloride, be accepted at the quoted price of $22.76 per tonne, Provincial Tax and freight included; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslx No. 56 - MEREETT ~ NINSPERGER - RESOLVED THAT WHEREAS a study of the City's Tourist Commercial area is desirable to provide necessary information useful to the Parking and Traffic Committee, the Planning and Development Committee, to City Council for comment on the plans of the Niagara Parks Commission, to the Region and Province and to the private sector; and WItEREAS the Advisory Committee for this study has recommended the consortium of Lanmer-Fenco to conduct this study at an upset fee of $115,000; and ~HERF~a the Tourism component of the fee is estimated to be $43,900, subject - 10 - - 11 - to a 50% subsidy by the Ministry of Industry and Tourism; and ~ Alderman Puttick expressed concern that the school programs such as WHEREAS the Parking and Traffic component of the fee is estimated to be $71,1 ) hearing and visual testing in schools had been discontinued because of the subject to a 75% subsidy by the Ministry of Transportation and Communications~ strike. The Alderman indicated that he did not want to interfere with the THEREFORE BE IT RESOLVED that upon approval by both Ministries, a by-law be ~ collective bargaining process of the employees, however he felt when it prepared to authorize an agreement with Lanmer-Fenco; AND the Seal of the came to public health, the Council had a right to know where the matter stood. Corporation be hereto affixed. Carried Unanimou~{, Aiderman Cummings suggested that the matter be referred to staff to contact the Health Unit for further information. It was moved by Alderman Puttick, · No. 57 - CHEESMAN - HINSPERGER - RESOLVED that the Council of the Corporation d seconded by Alderman Merrett, that the City Clerk contact the Niagara Regional of the City of Niagara Falls approves of the closing of the guest bedroom ~ Health Unit with respect to the strike by its employees. Carried Unanimously. accommodations provided by the Niagara Hotel, 5008 Centre Street, Niagara Fall . in order to permit the Liquor Licence Board of Ontario to consider an , , , , , · application for reclassification of the said premises from a hotel to that a tavern; AND the Seal of the Corporation be hereto affixed. ~ Mayor Thomson resumed chairmanship of the meeting following the discussion on this matter. Carried Unanimou~l~ .. · · · , , , BY-LAWS ~ LEISURE ACTIVITIES DIRECTORy, 1980-81 FALL AND WINTER ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws bet Alderman Schisler distributed copies of the 1980-81 Fall and Winter read a first time: Leisure Activities Directory prepared by the Recreation Conmission. No. 80-176 ? A By-law to authorize the execution of a quit claim deed to thed CHANGE IN HOUSING POLICIES - ONTARIO HOUSING CORPORATION executor of the estate of Arthur Donald Willick. Alderman Merrett advised that Ontario Housing Corporation projects are No. 80-177 - A By-law to authorize an agreement with Niagara River Constructi administrated locally by the East Niagara Housing Authority. At one time, the Limited for the construction of additions to the Niagara South City participated financially in the maintenance costs of housing projects, Recreation Centre. by assuming 7½% of any operating loss. This system was changed and the Municipality no longer pays any monies to O.H.C., however Alderman Merrett No. 80-178 - A By-law to assume Smith Avenue as a public highway. indicated that along with this change, other less desirable changes were made. At the beginning of 1981, local persons applying for accommodation in O.H.C. No. 80-179 - A By-law to provide monies for general purposes. units inNiagara Falls will have tocompete with persons from all over Ontario for these units. The Alderman explained that a person who had lived in Niagara Carried Unanimous Falls all.his life, could be bumped off a list for housing by a person from -- another city in Ontario. Since there was to be a conference of the ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the Association of Ontario Housing. Authorities in several days, the Alderman felt following by-laws be read a second and third time: Council should support the East Niagara Housing Authority in opposing this ! change. No. 80-176 - A By-law to authorize the execution of a quit claim deed to thei~ executo~ of the estate of Arthur Donald Willick. While the Council was sympathetic to the problems such a change could cause, it was felt that further information on why this change was to take No. 80-177 - A By-law to authorize an agreement with Niagara River Constructjz place, should be obtained for review. The City Treasurer indicated that he Limited for the construction of additions to the Niagara South would be attending the annual meeting of the Association in Windsor, and Recreation Centre. t he would see that Council received a complete report. No. 80-178 - A By-law to assume Smith Avenue as a public highway. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Puttick, that the matter be referred to staff for the preparation No. 80-179 - A By-law to provide monies for general purposes. of a report. Carried Unanimously.. Carried Unanimou FINANCE COMMITTEE MEETING NEW BUSINESS Aiderman Cheesman reminded members of Council that the next meeting of the Finance Connnittee would be on September 17, 1980. BLOCKAGE OF LYONS CREEK Alderman Dilts indicated that he had been contacted by residents concer~ WALKER BROS. QUARRIES - PROPOSED SOLIROC PROCESS over the blockage of Lyons Creek in some areas. The Alderman advised that eI Alderman Chessman referred to a study being undertaken by Dr. Finley of of the blockage has deliberately been done by some residents in order to kee[i~ Brock University on the proposed SOLIROC process of chemical disposal, on e e o e i . h behalf of the City of Thorold. The Alderman felt that since the Council was h r e e very much concerned with the process, that it would be to City's advantage the next few months and try to reach some kind of a solution. It was movedt~ to have access to Dr. Finlay~s findings. It was moved by Alderman Chessman, Alderman Dilts, seconded by Alderman Schisl~r, that the matter he referred ~c--t seconded by Alderman Fera, that the City of Thorold be contacted and asked staff. Carried Unanimously. '~ if the findings of Dr. Finlay could be made available to Niagara Falls, when ~ completed. Carried Unanimously. LABOUR PROBLEMS - NIAGARA REGIONAL HEALTH UNIT ' ! Aldermen Puttick referred to the strike presently taking place by empl0 ~ the Niagara Regional Health Unit and expressed concern over the effect of It was moved by by Alderman Fare, that the le conflict of interests Nayor 1]lomson requested Ald READ ANDADOpTED, Cummings to act as Chairman for any discussion relating to the problems sri~ as a resul~ of the strike by Health Unit employees. Alderman Cunmings assam the chair during the discussion. ..... 11 J.i' ' ' '~' ' L. COLLINSON, 6I~'C[BRK NAYOR WAYNE THOMSON THIRTY-FIFTH MEETING Council Chambers September 22, 1980 ~PECIAL MEETING Council met on Monday, September 22, 1980, following a meeting of the General Committee. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. REPORTS No. 509 - City Manager - Re: Community Services Contribution Program - Maple Area. The report recommends approval in principle of proposed projects to be undertaken under the Program, that Council authorize a public meeting to review the prolects, and further that the Recreation Commission be requested to consider certain soft services. ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobol, that the report be received and adopted. The motion Carried with Alderman Dilts voting contrary and all others voting in favour. No. 510 - City Manager - Re: Ryerson-Market Park - 4507 Simcoe Street. The report recommends that Council authorize the acquisition of the property known as 4507 Simcoe Street. ORDERED oq the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Graaskamp voting contrary, and all others voting in favour. The meeting adjourned. 'MAYOR WAYNE THOMSON THIRTY-SIXTH MEETING Committee Room #1 September 29, 1980 COMMITTEE OF THE WHOLE Council met on Monday, September 29, 1980 at 6:30 p.m. in Committee of the Whole. All members of Council were present. Alderman Dilts presided as Chairman. Following consideration of the items presented, Whole arose without reporting. the Committee of the MAYOR WAYNE THOMSON REGUI~R,,, Council Chambers September 29, 1980 Council met on Monday, September 29, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, MAyor Thomson presided as Chairman. Alderman Sobol offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the minutes of the meetings held on August 25th and September 8th, 1980, be adopted as printed. Carried Unanimously. PRESENTATIONS RETIREMENT WATCHES His Worship, Fmyor Thomson presented a retirement watch to Mr. J. Sibbald, who will retire on September 30, 1980. The MAyor advised that Mr. Sibbald, a former employee of the Township of Crowland, had transferred to the City on January l, 1970, and has worked as a truck driver out of the South End Service Centre during his career with the City. A retirement watch will also be presented to Mr. G. Canall, who was unable to attend the Council meeting. Mr. Canall, an employee of the Water Department, will also retire on September 30, 1980. 25~YEAR PLAQUES His Worship, Mayor Thomson presented 25-Year Plaques to Mr. P.J. Brennan, Mr. J. Smyth and Mr. H. Staats. WELCOME His Worship, Mayor Thomson welcomed Mr. Paul Wilson, the Niagara Falls Review reporter who would now be-covering the City Council meetings. pEPUTATIONS PETITION RE: AMERICAN HOSTAGES IN IRAN Mr. Bill White of the Burning Springs Wax Museum presented a petition to the members of Council, which calls for the release of the American citizens being held hostage in Iran. Mr. White advised that the petition contains 9,516 signatures from persons not only in Canada and the United States, but from around the world.  Mayor Thomson indicated that the petition would be forwarded to the ranian Embassy in Ottawa for transmtttal to Iran. It was moved by Alderman obol, seconded by Alderman Einsperger, that the petition be endorsed and ~ent to the officials involved. Carried Unanimously. . .... 2 2 MRS. T. MATHESON - INTERSECTION OF STANLEY AVENUE AND VALLEY WAY Report No. 511 - City Manager - The report reconmends that the widening of the eastbound approach at Valley Way proposed in previous reports, be done immediately; and that the Region prepare the appropriate design for both Stanley Avenue and Valley Way to allow the straightening of this intersection and its signalization. AND Communication No. 179 - Concerned Citizens of Niagara Falls - The petition expresses concern over the traffic conditions and pedestrian safety hazard that exists at the subject intersection, and requests the installation of traffic signals. AND Communication No. 180 - Greater Niagara Safety Council - The communication outlines certain suggestions to improve traffic problems at the subject intersection. Alderman Cummings commented that the obvious solution to the problem would be the re-alignment of the intersection. Since this work could not be done immediately, the Alderman suggested that the Region be requested to erect traffic signals on a temporary basis to alleviate the immediate problems. Alderman Cummings pointed out that the lights could be moved later when the intersection was re-aligned. In response to questions raised by Alderman Merrett regarding timing of the project, the Design & Construction Engineer could see no reason why work on the project could not be started in the spring of the year, assuming the operating budget had been approved. As long as no problems were .~ encountered, i.e. delays in land acquisition, the re-alignment and signalizat could be operational at the beginning of the tourist season. Mrs. T. Matheson was granted permission to address Council on the motion] of Alderman Cummings, seconded by Alderman'Cheesman. Mrs. Matheson expressed her concern for the safety of children in the area, particularly the students of Valley Way School. Photographs of the traffic congestion that occurs in this area were distributed to the members of Council.--Mrs. Matheson requests that the improvements necessary at the intersection be carried out immediate] Mr. T. Stevenson was granted permission to address Council on the motion of Alderman Hinsperger, seconded by Alderman Chessman. Mr. Stevenson indicat that the Greater Niagara Safety Council proposed that access to the small plaza be closed opposite MoRse Street. An exit ramp at the southeast corner of the plaza property could be permitted for right turns only. Stanley Avenu from Valley Way to Stamford Street should be widened so that the exit lane would co-incide with the existing lane from Stamfor~ Street to Roberrs Street. Traffic lights should be installed at Valley Way and Stanley Avenue in the same manner as the offset intersection of Simcoe Street and Victoria Avenue. Mr. Stevenson further suggested that consideration be given to synchronizing';, the Valley Way/Stanley Avenue lights with the Roberrs Street/Stanley Avenue lights. Alderman Merrett suggested that staff should determine if any funds were available in the budget, possibly through delaying projects of a lesser priority, in order to start work on the intersection improvements sooner. Alderman Puttick, felt that staff should contact the developer of the pls:i to determine if he would be willing to close the Stanley Avenue access to the plaza. The Alderman felt this would be reasonable since the plaza had contributed to the traffic problems in the area. Alderman Chessman pointed out that there could be a delay in acquiring the property necessary for the re-alignment if the owner was not willing to ,sell. If expropriation were necessary, it could take many months, a situatio~ over which the City had no control. Mr. G. Burley was granted permission to address Council on the motion of Alderman Cummings, Seconded by Alderman Merrett. Mr; Burley reminded Council of the importance of facilitating traffic in this area since Valley Way is used as an access to the Downtown. Mr. Burley agreed with the suggestion th~ lights be installed immediately with re-alignment of the intersection to take:~ place afterwards. - 3 - access to the plaza on Stanley Avenue, since such action could be considered expropriation without compensation, and the Assessment Department could consider this reason for reducing the assessment on the property. Following further comment, it was moved by Alderman Hinsperger, seconded by Alderman Merrett, that the City request the Region to install traffic lights at the intersection of Stanley Avenue and Valley Way on a temporary basis immediately; 'that the City advise the Region of its intention to acquire property necessary for the re-alignment of Valley Way; and further that staff determine if funds are available to widen the eastbound approach on Valley Way at Stanley Avenue and to acquire the lands necessary for the re-alignment of Valley Way. Carried Unanimously. It was then moved by Alderman Puttick, seconded by Alderman Merrett, that the City Manager be authorized to discuss with the owner of the plaza the closing of the exit on to Stanley Avenue on a temporary basis. Carried Unanimously. NIAGARA FALLS HYDRO SERVICE - MR. J. BAUER Communication No. lg0B- Mr. J. Bauer - The communication advises of losses suffered as a result of a recent power failure by Niagara Falls Hydro. Mayor Thomson advised that Mr. Bauer had been invited to attend a meeting of the Hydro Commission to discuss this matter, however several days prior to the meeting, the Commission's insurance agent had felt this could possibly Jeopardize Mr. Bauer's opportunity to having fair consideration of the claim. For that teasop, Mr. Bauer was told not to attend the meeting. Mr. Bauer was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Hinsperger. Mr. Bauer advised that he had lost between ten and eleven thousand chickens because of the power failure. Mr. Bauer indicated that when Niagara Falls Hydro had taken over the area ~rom Ontario Hydro, it had been given a list of sensitiv~ farm customers, and Niagara Falls Hydro had either disregarded or neglected this information. Niagara Falls Hydro is aware of certain technical difficulties with rural lines, and Mr. Bauer stated that the residents in this area were not aware that the power lines are not up to the same standard as other areas of the City. Mr. Bauer was also critical of the fact it had taken some time for crews to arrive at the scene, and it had taken nearly eight hours to restore power. Mr. Bauer requested that Council look into the operation of Niagara Falls Hydro, and see that some type of system is established .to prevent future losses. Mayor Thomson felt that since the matter was the responsibility of the Niagara Falls Hydro, Council should request the Commission to comment on the matter. The Mayor pointed out that the Commission was aware of additional information surrounding the power loss and Mr. Bauer's claim. In response to a question raised by Alderman Mackenzie, Mr. Bauer stated that Ontario Nydro used to notify him when there was a power failure, and indicate approximately how long the service would be out. Mr. Bauer stated that other than to acknowledge his claim, Niagara Falls Hydro has made no effort to contact him.. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Hinsperger, that the communication be referred to Niagara Falls Hydro with the request thata reply be given to the Council for consideration at a future meeting. Carried Unanimously. UNFINISHED BUSINESS BRIGHT CANNING COMPANY PULP DRYING PROCESS Communication No. 181 - Bright Canning Company Ltd. - The communication advises of action taken to reduce complaints as a result of the firm's pulp dryinS process. Mayor Thomson advised that a meeting has been scheduled for Wednesday, October 1, 1980 at 4:00 p.m. at the site to discuss the matter. Officials of the Ministry of the Environment will be present, as well as representatives of the B.I.C. Agency, staff and the public, ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that the communication be received and filed. Carried Unanimously. NOTEI. Alderman Craaskamp was absent when the vote was taken on this matter. -4- STATUS OF VARIOUS COUNCIL NATTERS Report No. 512 - City Manager - The report provides information on the statu~ of various items referred by Council to staff for 'further action. Mayor Thomson referred to a recent request for dtrectional signs to the business area in Chippawa, and asked the status on this matter. The Design & Construction Engineer indicated that the Region and the Niagara Parks Conmission had been requested to erect signs on the entrances to Chippawa under their Jurisdiction. With respect to speed limit signs on the Welland River, it was advised that the signs were being prepared and would be erected. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. NOTE: Aldermen Chessman and Graaskamp were absent when the vote was taken on this matter. LOTTERY LICENCE FEES Report No. 513 - City Manager - The report recommends that Council approve the following schedule of fees for all types of lotteries, and passage of a by-law to implement the fees: Raffle - Prizes to $1,000 - $10.00, Prizes ' $1,001 to $5,000 - $20.00; Series of Raffles - $2.00 per event; Bingo - $10.I,! for single event; Series of Bingo - four nights - $5.00 per event; Three month series of Bingo - $25.00; Series of Penny Bingo for three months - $12.~ Nevada Draw with Prize per Box of $600 - $5.00; and Bazaar - $5.00 per event,.~ Alderman Puttick stressed that the City was not trying to make money by increasing the fees, only to recover the costs involved in administrating thel! lottery licensing function. The Deputy City Clerk provided additional information on the matter. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, tL,~ the report be received and adopted. Carried Unanimously. __ See By-law No. NOTE:Alderman Grasskemp was absent when the vote was taken on th~s matter. COMMUNICATIONS No. 181 - Ontario Hostelling Association - Re: Former Police Building. The communication advises that the Association is unable to conscientiously prose: with the offer to buy the former Police Station at present, and indicates t~ ORDERED on the motion derman Sobol, seconded ~y Alderman Hinsperger, t~ the communication be received and filed.. Carried Unanimously. NOTE: Alderman Graaskamp was absent when the vote was taken on this matter. No. 182 - Regional Municipality of Niagara - Re: Portage Manor, Portage Road. The communication comments on suggestions to eliminate the pedestrian hazard to residents of Portage Manor. Mayor Thomson provided additional information. in response to a question raised by Alderman Marterr. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the communication be received and filed. Carried Unanimously. No. 183 - St. Cathariues Chamber of Commerce - Re: Repeal of Increases in Treatment Imposed on Port, Sherry and Brandy. The communication requests endorsement of a resolution pressing for the repeal of the increases in treatment imposed upon port, sherry and brandy in the Federal budget. ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the resolution be endorsed. Carried Unanimously. No. 184 - Ministry of Intergovernmental Affairs - Re: Area Meetings, Local Boards of Health. The communication advises of area meetings to be held during September and October to discuss public health service standards which can be~ritten into the new Health Protection Aat with the objective pf improving access to these services by residents of Ontario. ORDERED on the' motion of Alderman Cummings, seconded by Alderman Dilts, that the co~anunication be received and filed. garried Unanimously. -5- No. 185 - United Way of Niagara Falls - Re: United Way Month in Niagara Falls. The communication requests that the period of October 1st - November 12, 1980, be proclaimed United Way Month. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that the request be approved subject to the established policy on proclamations. Carried Unanimously. No. 186 - National Survival Institute - Re: Environment Week. The communication requests that the week of October 12 - 18, 1980, be proclaimed as Environment Week. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the request be approved subject to the established policy on proclamations. Carried Unanimously. No. 187 - Mr. A. Drost - Re: Y.M.C.A. Tournament. The communication requests permission of the City to erect a beer tent at Palmer Park on October 10, 11, 12 and 13, 1980 in conjunction with a tournament. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the request be approved subject to the established policy. Carried Unanimously. No. 188 - Chamber of Commerce - Re: Gambling/Gaming Monitoring Committee. The communication requests that a member of the Chamber be permitted to sit ou the Gambling/Gaming Monitoring Committee. Alderman Cummings pointed out that a great deal of work went into the study that was prepared by the Social Planning Council, and those persons on the Gambling/Gaming Monitoring Committee had been involved in this matter for some time. The Alderman felt it might be more appropriate for the .Chamber to submit any comments to the Committee, rather than appointing a representative to sit on the Committee with little background knowledge. Alderman Puttick suggested that the matter could be tabled, and the Social Planning Council asked to comment on the request. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the matter be tabled pending comment from the Social Planning Council. Carried Unanimously. No. 189 - Mr. & Mrs. J. Eldred - Re: Walkway between Westwood Drive and Tad Street. The communication requests that the City indicate the proper action that can be taken to have the walkway removed, and in the meantime, that immediate action be taken to have the fencing on the walkway extended all the way to Tad Street. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 190 - Sertoma Club of Niagara Falls - Re: International Marathon Run. The communication requests permission to hold a Marathon Run between the Skylos Tower and the Rainbow Bridge on'October 4, 1980. Mayor Thomson provided additional information regarding the Sertoma Club, which is an organization recently established in the area, whose aim is service to man. The Mayor indicated that the Club is very strong in the United States. Reference was also made to the fact that little advance notice had been given on the matter, and Alderman Cummings suggested that staff assist the Club in making the necessary arrangements. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the request be approved subject to similar approvals being obtained from the other authorities involved. Carried Unanimously. REPORTS No. 514 - Planning Director - Re: River Road Study Alternative Land Use Concepts. The report recommends that the River Road Study Alternative Land Use Concepts be received and copies forwarded to interested agencies, including the Technical Committee for the Parking, Traffic and Tourism Study. The City Solicitor informed Council that the solicitor for the developer of the proposed motel on River Road between John Street and Phillip Street, had requested that consideration of the report be deferred to a subsequent meeting of Council. ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Cheesman that consideration of the report be deferred to a subsequent meeting. Carried ~nanimously.. - ~ 6 No. 515 - Recreation Commission - Re: Man-A-Mile Relay Race. The report requests permission to arrange the annual Thauksgtving Day Man-A-Mile Race on October 13, 1980 between St. Catharines and Niagara Falls. ORDEEED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved. Carried Unanimously. No. 516 - City Manager - Re: Availability of Surplus Regional Property, Windst Crescent at Royal Manor Drive. The report recommends that the Regional Municipality of Niagara be informed that the City has no interest in the purcb of surplus Regional property located in the Royal'Manor Subdivision. ORDERED on the motion of Adlerman Cheesman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 517 - City Manager - Re: Falls Industrial Park. The report recommends approval of the lease of Lot 31, Registered Plan 243 from Paul O'Brien Electfi Limited to Tony Wolsing and Lillian Wolsing, and that the Legal Department be authorized to prepare the necessary documents. ORDERED on the motion of Alderman 8chisler, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 518 - City Manager - Re: Falls Industrial Park Extension. The report recommends: 1) That Council authorize the sale of Lot 24, Plan M-67 to Mr. Jack Schlau of Marquis Construction Ltd. at a price of $12,539.50 wich a closing date for the sale of June 15, 1981; 2) That Council authorize the sale of Lot 25, Plan M-67 to Mr. A1 Hoeper at a purchase price of $11,609.50 with a closing date for the sale of June 15, 1981; 3) That the Legal DepartmeL be authorized to prepare the appropriate legal documents; and 4) That construction of buildings on both lots commence not later than April 30, 1982. Alderman Puttick felt that setting a closing date on ~he sale of the property for June of 1981, would be t~ing up the property, in the event another person wished to purchase the land prior'to that date with an earlier closing. The City Manager indicated that the firms would not be able to start construction until 1982, but would like to have the lan~ reserved. If another offer were to be mmde, the City Manager pointed out that there were other vacant lots available for sale. In the event a serious offer on one of the reserved lots was received, the people would have the choice of purchasing immediately pr losing the reserve. Alderman Puttick felt reserving the lots for such a long period of time was saving the individuals interest charges so that they would not have to build during the winter. The Alderman felt the policy on selling industrial lands should be reviewed. ~ Alderman Chessman suggested the use of an escape clause that would permit the City to accept a more reasonable offer. Alderman Sobel also pointed out that if the City wants to attract industry, some concessions have to be made. Following further comment, it was moved by Alderman Sobel, seconded by Alderman Dilts, that the report be received and adopted. The motion Carri.e~ with Alderman Puttick voting contrary, and all others.voting in layout. No. 519 - City Manager - Re: Interior Painting, Provincial Court Building, Peteraon's Workshop 'and Municipal Service Centre. The report recommends that the quotation submitted by Metro Niagara Painters be accepted for paintie! of designated areas within the subject buildings. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts that the report ' be received and adopted. Carried Unanimously. .' See Resolution .No. 520 - City Manager Season. The report recommends that the tender for supply and delivery of winter sand, including the mixing of salt with sand, he awarded to Walker Eros. Quarries Limited for the unit prices tendered. The Maintenance &Operatione Engineer provided additional information · en the type of material to be used in response tO a question raised by · Alderman Dilts. ORDEI~D on the motion of Aldermen Merrett~ seconded by Alderman Sobel, that the report be received,and adopted. Carried Unanimously. See Resolution -7- No. 521 - City Manager - Re: Supply of Clay Seal - Mountain Road Sanitary 'Landfill Site. The report recommends that the tender of Andres Bell Construction Limited for the supply and delivery of clay seal to the Mountain Road Sanitary Landfill Site at the unit price tendered be accepted, provided the material offered is deemed acceptable for the intended purpose, and further that the Director of Municipal Works be authorized to engage the services of Acres Consulting Services Ltd. to determine whether the material offered as a clay seal is satisfactory. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining on a conflict of interest, and all others voting in favour. See Resolution No. 60 No. 522 - City Manager - Re: Crack Sealing Queen Street and Valley Way. The report recommends that the Director of Municipal Works be authorized to engage Road Savers Limited to seal cracks in the road surfaces on Queen Street from Victoria Avenue to Ztmmerman Avenue and on Valley Way from Queen Street to Morrison Street. In response to a question raised by Alderman Merrett, the Maintenance and Operations Engineer indicated that the work would be finished prior to the Christmas shopping season in the Downtown. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, that 'the report be received and adopted. Carried Unanimously. See Resolution No. 61 No. 523 - City Manager - Re: Contract S.S. 21-80, Storm Sewer Construction on McLeod Road from the Conrail Drainage Channel to Drummond Road. The report recommends acceptance of the unit prices submitted by Spadee Construction Co. Ltd. for the subject contract. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 62 See By-law No. 80-182 No. 524 - City Manager - Re: Portage Road/Buchanan Avenue Intersection. The report recommends that this intersection be referred to the Parking, Traffic and Tourism Study for consideration of improvements. ORDERED on the motion of Alderman Sobel, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 525 - City Manager - Re: Information Report - Items Referred to Staff. The report advises: 1) A request has been forwarded to Niagara Falls Rydro to erect street lighting at the intersection of Lyons Creek Road and Stanley Avenue; 2) Overnight parking on St. Mary's Street - Police enforcement of the by-law has remedied the problem according to a local resident; and 3) Parking on Drummond Road near Gallinger Street cross-over - The Regional Police have been asked to enforce the parking prohibition in this vicinity. With respect to the first item, Mayor Thomson advised that the lights he had referred to were traffic lights. The Projects & Services Engineer indicated that he would follow up on the request. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 526 - City Manager -'Re: Intersection of St. Lawrence Avenue at Simcoe Street. The.report recommends that no change be made at this intersection to install a four-way stop. ORDERED on the motion of Alderman Graaskamp,'seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 527 - City Manager - Re= Bus Stop on Queen Street. The report recommends that no changes be made in bus stops on Queen Street at this time. ORDHRED on the motion of Alderman Grasskemp, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 528 - City Manager - Re: Bender Hill Railway Crossing. The report recommends that the possibility of connecting Bender Hill to Palmet Avenue he referred to'the Parking, Traffic and Tourism Study for examination. In response to a question raised by Alderman Puttick, Mayor Thomson advised that a petition had been submitted to Council several months earlier 'i -8- from businesses in the area, requesting that the crossing be opened. At that time, Council referred the matter to staff to work out the costs and then hold a public meeting with the area businesses to discuss the matter. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 529 - City Manager - Re: Parking at Niagara South Arena. The report recommends that adequate funds be considered in the 1981 budget for additional parking at the Niagara South Arena, and the Area Recreation Board be so advised. ORDERED on the motion of Alderman Dilts, seconded by Alderman Minsperger, that the report be received and adopted. Carried Unanimously. No. 530 - City Manager - Re: Signing to Niagara Falls Arena. The report recommends that the Niagara Falls Flyera be advised the Ministry of Transportation & Communications policies do not permit the type of signing they have requested. Alderman Sobel suggested that signs could be erected at the entrances to the City indicating that Niagara Falls was the "Home of the Niagara Falls Flyera". Alderman Cummings suggested that such a message could be put on the welcome signs erected at the City entrances by service clubs. The Alderman further suggested that the hockey club contact the service clubs who arrange for placement of these signs. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted, and further that the Niagara Falls Flyera contact the local service clubs regarding placing a suitable message on the welcome signs. Carried Unanimously. No. 531 - City Manager - Re: Tender for Rental of SnOw Removal Equipment, 1980-81 Winter Season. The report recommends that the tenders submitted by DiCon Contracting Limited and Montgomery Bros. Limited for the supply of rental equipment for the purpose of snow removal during the 1980-81 winter season be accepted; and further that the Director of Municipal Works be authorized to obtain quotations from local contractors for the supply of additional rental equipment to fill the desired complement of equipment for snow removal during the 1980-81 winter season. Mayor Thomson indicated that this situation was very serious, since the City needed'additional equipment for snow removal. In response to a question raised by Alderman Dilts, the Maintenance and Operations Engineer indicated that the tender was advertised locally, as well as tenders being sent directly to a number of persons who have tendered in the past. ORDERED on the motion of Alderman Merrett, seconded by Alderman Minsperger, that the report be received and adopted. Carried Unanimously. See Resolution N0p No. 532 - City Manager - Re: Uncollectible Taxes. The report recommends that Council approve the striking off of the business tax accounts appended hereto from the tax roll as these accounts have been determined to be uncollectible. Alderman Chessman pointed out that these accounts are business taxes as opposed to property taxes, and they are not secured in the same manner as the property taxes. The City has no option but to write the accounts off. The City Treasurer provided additional information in response to a number of questions raised. Aldermen Puttick and Schisler pointed out that several of the businesses listed in the report had relocated elsewhere in .the City. The City Treasurer indicated that he would appreciate receiving any information as to the whereabouts of these individuals. Aideman Cheesman also indicated that the fact the accounts are being written off the tax rolls, did notstop the City from trying to collect the outstanding taxes. -j -,- Following further conment, it was moved by Alderman Dilts, seconded by .Alderman Cheesman, that the report be received and adopted. Carried No. 533 - City Kanager - Re~. Municipal Accounts, The report recommends of ~he municipal accotmts. -9- The City Manager and City Treasurer provided additional information in response to questions raised on Cheques #7618, #7659, #7753, #7755, #7765, #7785, #7815 and #7834, by Aldermen Cummings, Merrett, Puttick, Schisler and Sobel. ORDERED on the motion of Alderman b~ckenzie, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 534 - Finance Con~ittee - Re: Update of Storm Sewer Portion of 1968 Flood Control and Pollution Abatement Report. The report recommends that the upset limit of the fees to be paid to the consulting engineering firm of R.V. Anderson Associates Ltd. for the subject project be increased to $86,500 (increase of $24,000 from original upset limit of $62,500) subject to the City receiving a grant from C.M.H.C. in an anticipated amount of $40,404. Alderman Puttick felt that Council should have a legal opinion from the City Solicitor on whether or not the City was obligated to pay the additional cost. The Alderman pointed out that if such practices occurred in all municipalities, it could involve a great deal of money. Alderman Puttick also commented that in private enterprise when one has an agreed price with a person to perform a service for you, you don't have to pay any extra costs. Alderman Chessman felt in most circumstances, Alderman Puttfck's comments would apply, however there were extenuating circumstances in this case that had to be considered. The Alderman pointed out that a delay had occurred in having aerial plans prepared through no fault of the consultant; the City's terms of reference had changed during the course of the study due to additional information required by C.M.H.C. and the revisions in the urban areas boundaries; and the importance placed on carrying out certain work in Chippawa; and all these items as well as other factors had been responsible for the additional costs. Since the additional work performed by the consultant was required by the City in any event, Alderman Chessman felt the City had no option but to adopt the recommendation. In response to a question raised by Alderman Puttick, the Design and Construction Engineer stated that this matter had not been brought to the attention of Council previously, but had been considered by the Finance Committee in March of 1980. The Design & Construction Engineer further stated that no funds beyond the amount originally approved by Council had been paid. With respect to the suggestion of obtaining a legal opinion, · the Design & Construction Engineer felt that if such an opinion is requested by Council, it should be considered in Committee of the Whole. The Design and Construction Engineer also indicated that he was of the opinion the account should be paid. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Chessman, that the account not be paid, and further that a legal opinion be obtained on the City's obligation to pay the account. It was then moved by Alderman Chessman, seconded by Alderman Merrett, that the report be tabled, and a further report obtained from the City Solicitor on the City's legal position. The motion to.table, which took precedence, Carried Unanimously. No. 535 - City Manager - Re: Ali-HolmesClosed Circuit Fight, Niagara Falls Memorial Arena. The report recommends that the City enter into an agreement with Mr. Frank St. Louis regarding the All/Holmes fight on October 2, 1980, based on a 50/50 profit split. In response to a question raised by Alderman Puttick, the City Manager indicated that in order to arrange for the closed circuit coverage of the fight, it was necessary to have $15,000 front money paid. Since it was felt the City should not be involved in any financial risk, the Promotion and Facilities Co-ordinator had arranged with Mr. Frank St. Louis, a local Promoters toeadvance the funds at his own risk. In order to obtain the $15,000, it was necessary to enter into a profit sharing agreement with Mr. St. Louis. The City Manager further indicated that calls were made - to the members of Council to advise that several rental groups would be losing time because of the fight, and also that coverage of the fight had been arranged at no risk to the City. Alderman Puttick indicated that he had not received a call on the matter, and in any event, he did noc like ~he way the whole thing was handled. Alderman Cummings pointed out that the Promotion & Facilities Co-ordinator had been hired to arranSe for such events, and indicated that he was pleased - 10 - that the event had been arranged at no financial risk to the City. In response to a question raised by Alderman Cummings, the ,City Manager advised that no commitments had been made for future fights at this time. ORDERED on the motion of Alderman Fore, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. UNFINISHED BUSINESS - Con't.. PROPERTY STANDARDS Report No. 427 - City Manager - The report provides information on a number of properties on which the City is commencing proceedings under Property Standards By-law 74-204. Alderman Dilts thanked staff for the report, and commented that it bothered him to think the City had to spend approximately $800 on each of these properties to have them brought up to the minimum standard under the By-law. The Alderman felt that Council should authorize staff to take whatever legal steps necessary to have the properties cleaned up. In response to a question raised by Alderman Merrett, the Building and Development Co-ordinator indicated that when the City has to have a contractor go in and clean up a property, that cost is charged back to the property owner. The costs involved in the inspections, paper work and legal action, must be absorbed by the City. Alderman Merrett suggested that the City consider charging these property owners the legal costs involved. The Alderman also commented that he received calls about animals other than dogs and cats being kept in residential areas, and asked if the property standards by-law can cover such matters. Mayor' Thomson advised that an at.tempt had been made at one time to regulate the keeping of fowl, however due to the considerable concern raised, the matter was dropped. Alderman Fera asked how long it took on the average, to have properties brought into compliance with the ByZlaw. The Building & Development Co-ordim:+ advised that including the inspections, letters, title searches and final appeals set out under the by-law, it can take up to six'~onths. Alderman Cheesman also felt the City should look into the possibility of trying to recover the legal expenses involved in administering the provislc-~ of the By-law. In response to a question raised by Alderman Schisler, the City Solicitor advised that the City is required to make a complete search of the title of a property and obtain information as to all persons who have an interest in the property, either as owner or mortgagee. This information is updated as the City proceeds through the stages. A routine search can be completed in a week, however a difficult search could take two to three weeks. Alderman Schisler stated that one of the properties he had received complaints on, had been in the title search stage for some time. The City Solicitor asked the Alderman to call him to check on the status of the matter. Mayor Thomson felt that since the report had been prepared over a month earlier, that an updated report should be brought in to Council. The Mayor felt the report should contain information on whether it is anticipated the property will be brought into conformity shortly, or if further action is going to be required. It was also suggested that the names of the owners of these properties be included in the report. Alderman Puttick realized that there are some hardship cases, but in the other cases, he could not uuderstand what type of person would let their property deteriorate to such a condition that legal action had-to be taken by the City. The Building & Development Co-ordinator stated that there are a variety of reasons Siren in such cases, i~.e. financial problems, bankruptci~ etc~ FollowinS further comment, 'it was moved by Alderman Cheesman, seconded by Alderman Mackenzie, that the report be received and filed, and that a furt~ report be prepared providing updated information on the properties involved, as well as the names of the property owners. Carried Unanimously. REVIEW OF CIVIC DEPARTMENT OPERATI_.O_NB Report No. 536 - Mayor Thomson - The report is submitted to Council in respon5' to comments by Alde~an Graaskamp in reapoct to a re-organizational study bel~ - 11 - carried out by the City Manager and presently being studied by Council. Mayor Thomson indicated that he had no choice but to bring the report in to Council, to explain the previous public discussions that had taken place with respect to the re-organization. The M~yor pointed out that it had been announced one year earlier that the City ~hnager would undertake a review of all civic departmental operations in an effort to more efficiently utilize existing manpower. This review was considered as part of the guidelines established for the office of City Manager. Mayor Thomson felt the report clearly showed that he had not disclosed any confidential information, and asked that members of Council decide whether or not any confidentiality or oath of office had been breached. Considerable discussion took place on this matter, during which time various members of Council expressed their opinions on the question of whether or not any breach of confidentiality or oath of office had occurred. Alderman Graaskamp was of the opinion that Mayor Thomson had disclosed information discussed in Committee of the Whole, after he had warued the members of Council that he did not want the re-organization study to become an election issue. The Alderman stressed the importance of keeping matters discussed in Committee of the Whole confidential, for the best interests of the City. Following a lengthy discussion, it was moved by Alderman Cheesman, seconded by Alderman Fera, that the information be received and noted, and further that Council has determined that Mayor Thomson has not breached any confidentiality or his oath of office. The motion Carried. RESOLUTIONS No. 58 - CHEESMAN - DILTS - RESOLVED that the quotation submitted by Metro Niagara Painters for the interior painting of designated areas within the Provincial Court Building, Peterson's Workshop and the Municipal Service Centre, be accepted at the total price of $5,318.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 59 - MERRETT - SOBOL - RESOLVED that the unit prices submitted by Walker Bros. Quarries Limited for the supply and delivery of winter sand, including the mixing of salt with this sand, be accepted at the tendered amount of $42,940.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 60 - DILTS - HINSPERGER - RESOLVED that the unit prices submitted by Andres Bell Construction Limited for the supply and delivery of clay seal to .the Mountain Road Sanitary Landfill Site, be accepted at the tendered amount of $7,200.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 61 - SCHISLER - CHEESMAN - RESOLVED that the unit price submitted by Road Savers Limited for the sealing of cracks in the road surfaces of Queen Street from Victoria Avenue to Zimmerman Avenue and on Valley Way from Queen Street to Morrison Street, be accepted at the quoted price of $0.199 per.lineal foot; AND the Seal of the Corporation be hereto affixed. No. 62 Spadco HcLeod at the hereto Carried Unanimously - DILT5 - HINSPERGER - RESOLVED that the unit prices submitted by Construction Co. Limited for the construction of a storm sewer on Road from the Conrail Drainage Channel to Drummond Road, be accepted tendered price of $388,607.56; AND .the Seal of the Corporation be affixed. Carried Unanimously No. 63 - MERRETT - HINSPERGER - RESOLVED that the following prices submitted for the rental of snow removal equipment be accepted| 1) DiCon Contracting - $22.00 per hour for a four wheel drive truck equipped with Plow. 2) Montgomery Brothers - $38.00 per hour for a rubber tired front end loader. ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ..... 12 - 12 - BY-LAWS ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Dilts, tha: leave be granted to introduce the following by-laws, and the by-laws be read'l a first time: ~ No. 80-180.- A By-law providing for the licensing of Charity or Religious Organizations to conduct Bingo Lotteries, Raffle Lotteries or Lottery Schemes held at Bazaars within the City of Niagara Falls. No. 80-181 - No. 80-182 -- A By-law to authorize an agreement wlth Fermino Susin regarding~~ Lot 25 according to Registered Plan No. 243 for the City of Niagara Falls (Falls Industrial Park). A By-law to authorize the execution of an agreement with Spadco Construction Company Limited for the construction of a storm se~/ on McLeod Road from the Conrail Channel to Drummond Road. No. 80-183 - No. 80-184 - A By-law to authorize a licence agreement with Frank St. Louis. A By-law to provide monies for General Purposes. Carried UnanimousZ - 13 - noted that St. Catharines would be having a new court house built, and suggested that the Province be asked to comment on the possibility of having new facilities erected in Niagara Falls. It was moved by Alderman Puttick, seconded by Alderman Dilts, that staff obtain an update on the status of the Province's plans to construct a new court house facility in Niagara Falls. Carried Unanimously. FINANCE COMMITTEE MEETINGS Alderman Chessman advised members of Council that the meetings of the Finance Committee had been changed to the second and fourth Wednesdays of each month, starting at 5:00 p.m. The change was made so as not to conflict with Planning & Development Committee meetings on the first and third Wednesdays of the month. PUBLIC MEETING - COMMUNITY SERVICES CONTRIBUTION PROGRAM Mayor Thomson advised that a public meeting regarding projects to be considered under the Community Services Contribution Program in the Maple Area, would be held at the Public Library on September 30, 1980 at 7:30 p.m. No. 80-180 - No. 80-181 - No. 80-182 - No. 80-183,- ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that~ the following by-laws be now read a second and third time: A By-law providing for the licensing of Charity or Religious Organizations to conduct Bingo Lotteries, Raffle Lotteries or ~ READ AND ADOPTED Lottery Schemes held at Bazaars within the City of Niagara Falls~' A By-law to authorize the execution of-~n agreement with Spadc0~ A By-la~ to authorize a licerice agreement with Frank St. Louis. No. 80-184 - A By-law to provide monies for General Purposes. NEW BUSINESS Carried Unanimou PUBLIC NOTICES It was moved by Alderman C,,mmtngs, seconded by Alderman Merrett, that staff look into the possibility of issuing public notices explaining plans and proposals by the City, and determine the method by which such notices can be delivered to the public. The motion Carried with Alderman Chessman voting contrary, and all others voting in fayour. It was moved by Alderman Cheesman, seconded by Alderman Merrett, that the meeting adjourn. Carried Unanimously. MAYOR WAYNE THOMSON SEASON TICKET SALES Alderman Puttick expressed his surprise that only. four hundred and thirty-three season tickets had been sold to date, when it had been indicatei previously that close to six hundred had been sold. The City Manager explained that previous figures given had included the number of tickets requested by telephone, which had not actually been paid for as yet. Alderman Puttick indicated that he had been embarrassed to learn the exact figures, particularly after he had advised citizens the number of tickets sold was over five hundred. The Alderman suggested that Council be advised" on a weekly basis the number of season tickets sold. PROVINCIAL COURT HOUSE BUILDING Alderman Puttick referred to previous discussions held with Provincial officials regarding the construction of a new court house facility in the would City, and indicated that it had been his understanding that the City get a ne~ court house in addition to the ne~ police building. The Alderman ..... 13 THIRT%-SEVENTH MEETING Council Chambers October 6, 1980 Council met.on Monday, October 6, 1980, following a meeting of the General Committee. All members of Council were present. His Worship, ~hyor Thomson presided as Chairman. REPORTS .No. 537 - City Manager - Re: Crossing Guard at the Intersection of Woodgate Street and Dorchester Road. The report recommends that the City Manager be authorized to take the necessary steps to place a crossing guard on Dorchester Road at Woodgate Street. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 538 - City Manager - Re: Objection to By-iaw 79-200, Niagara South Federation of Agriculture - Agricultural Code of Practice. The report recommends that all information pertaining to the position of the Niagara South Federation of Agriculture on the Agricultural Code of Practice be forwarded to the Ministry of Housing as input in their review of the Code. ORDERED on the motion of Alderman Minsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 539 - City Manager - Re: Annual Housing Review 1981. The report recommends that the information contained therein be accepted for transmittal to the Ministry of Housing. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 540 - City Solicitor - Re: Region's Urban Areas Boundaries and Application of the City of Thorold to Vary the Decision of the Ontario Municipal Board. The report asks direction from Council on whether it supports, opposes or takes no stand for or against the application of the City of Thorold to vary the decieion of the Ontario Municipal Board, and whether the City should be represented at the hearing of Thorold~s application on October 8, 1980. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and filed, further that Council take no stand for or against the application of the City of Thorold to vary the decision of the Ontario Municipal Board, and further that the City not be represented at the hearing of Thorold's application on October 8, 1980. Carried Unanimously. No. 541 - City Manager - Re: Site Plan Approval, Proposed Commercial Building on Victoria Avenue (Southwest Corner of Victoria Avenue and Jepson Street). The report recommends approval of the subject plan, subject to certain conditions. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 542 - City Manager - Re: Site Plan Approval, Proposed Commercial BuildinK on Drummond Road (East Side of Drummond Road North of WillJams Street). The report recommends approval of the subject plan, subject to certain conditions. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 543 - City Manager - Re: Contract S.S. 22-80, Storm Sewer Construction on Stanley Avenue from McLeod Road to Dixon Street and Road Reconstruction and Storm Sewer Construction on Roger Crescent. The report recommends acceptance of the unit prices submitted by Demote Brothers Limited for the subject ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 64 RESOLUTION No. 64 - RINSPERGER - CUMMINGS - RESOLVED that the unit prices submitted by Demote Brothers Limited for the construction of a storm sewer on Stanley Avenue from McLeod Road to Dixon Street and road reconstruction and storm sewer construction on Roger Crescent, be accepted at the tendered price of ~388, 361.84; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslx -2- BY-LAW ORDERED on the m~tion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-law, and the by-law be read a first time: No..S0-1S5 - A By-law to authorize the execution of an agreement with Damore Bros. Limited for storm sewer construction on Stanley Avenue from McLeod Road to Dixon Street and road reconstruction and storm sewer construction on Roger Crescent. Carried Unanimousl~ ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the following by-law be now read a second and third time: No. 80-185 - A By-law to authorize the execution of an agreement with Demote Bros. Limited for storm sewer construction on Stanley Avenue from McLeod Road to Dixon Street and road reconstruction and storm sewer construction on Roger Crescent. Carried Unanimousl~ NEW BUSINESS Alderman Schisler advised that a citizen had received a letter requesting payment of tax arrears on a piece of property she had not owned for five years. The Alderman explained that the individual had contacted the Accounts Supervise and advised him she no longer o~med the property, however a second letter was sent out requesting payment. The City Manager indicated he would look into t~ matter. INTERSECTION OF STANLEY AVENUE AND VALLEY WAY Alderman Cummings asked if any response had been received from the Region respecting the Cityfs request for the installation of t, emporary traffic lights at the intersection of Stanley Avenue and Valley Way. Mayor Thomson indicated that no reply had been received from the Region as yet. EQUIPMENT FAILURE - CLOSED CIRCUIT TELEVISION COVERAGE Alderman 'Craaskamp felt a message of apology should be extended to the citizens of Niagara Falls who had artended the closed circuit television coverage of the All/Holmes fight to be shown at the Niagara Falls Arena. Due to equipment failure, the City was unable to show~the fight to the many patrons who had artended. Mayor Thomson agreed that it had been au unfortunate experience, particuI~ in view of the success of the City in selling tickets. The Mayor cominended fans for their conduct, as well as the staff and police officials for their courteous manner in dealing with the matter. It was moved by Alderman Grasskemp, seconded by Alderman Dilte, that the City publicly apologize for the inconvenience caused to the Arena patrons, and further that a report be prepared outlining the causes of the failure and met~N to be used to prevent a similar recurrence in the future. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE TMOMS THIRTY-EIGHTH MEETING Connnittee Room #1 October 14, 1980 COMMITTEE OF THE WHOLE Council met on Tuesday, October 14, 1980 at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Orr. Alderman Graaskamp presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~ ~, READ AND ADOPTED, j.L.'~~,'~7~ J~.L.'COLLINSON ~ITY CLERK MAYOR WAYNE THOMSON Council Chambers October 14, 1980 Council met on Tuesday, October 14, 1980 at 7:40 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Orr. His Worship, Mayor Thomson presided as Chairman. Alderman Cheesman offered the Opening Prayer. ADOPTION OF MINUTES Alderman Graaskamp pointed out that the word "Hydro" should be added to the motion made on :Communication No. 180B of the September 29th, 1980 minutes. ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the minutes of the meetings held on September 15th and September 29th, 1980, be adopted as corrected. Carried Unanimously. , * PRESENTATIONS ACHIEVEMENT AWARDS - NIAGARA FALLS SPRINGETTES SOCCER TEAM Mayor Thomson presented achievement awards to the Niagara Falls Springettes Soccer Team in recognition of the team~s winning the Women's Ontario Cup in Oshawa. Those present to accept awards were: Daniela Guerin, Joanne McKinley, Mary Anna McKinley, Betty Dow, Carol Magda, Lori Georgieff, Ginny Janvary, Debbie Ohlson, Susan Ohlson, Lisa Fantinel, Heather Ainslie, Margaret Ainslie, Pat DiGirolamo (coach), Alert Janvary (assistant coach), and Joe Panetta (trainer). Jennifer McKechnie, Debbie Neheli, Guen Crossman, Donna Mayer, Cheryl Medvesky and MyrnaMartens were not in attendance to receive awards. ME. GORDON SINGLETON Mayor Thomson announced that Gordon Singleton had set three world records at the Word Cycling Competition in Mexico City: Flying Start 500 m - 27.31 seconds; Flying Start 200 m - 10.58 seconds; and Standing Start 1 km amateur record. On behalf of the Council and citizens of the City, Mayor Thomson Presented Mr. Singleton with a silver tray bearing the inscription "Presented to Gordon Singleton by the City of Niagara Falls in recognition of the unprecedented feat of setting three world records in a 24-hour period at the World Cycling Competitions - Mexico City - 1980". UNFINISHED BUSINESS RIVER ROAD STUDY Report No. 514 - Planning Director - The report recommends that the River Road Study Alternative Land Use Concepts be received and that copies be forwarded to interested agencies, including the Technical Committee for the Parking, Traffic and Tourlsm Study. -2- Mr. R.E. Jarvia was granted permission to address City Council on the motion of Alderman Hinsperger, seconded by Alderman Fera. Mr. Jarvia advised that he was solicitor for the owners of the proposed Niagara River Inn, whose property will be affected by the River Road Study. Mr. Jarvia expressed his appreciation to Council for the action taken at an earlier meeting in deferring this matter, and suggested that the report should not be considered by the Ontario Municipal Board at its hearing on October 15th since he required time to study its contents. Mr. Jarvia further stated that the consultants engaged by his firm had advised him of certain areas that had been omitted from the study, as well as a number of deficiencies and errors. Mr. Jarvia indicated that if Council wished to have staff investigate the matter further, he would defer further comment. Mayor Thomson advised that the Planning Department was agreeable to having the Study referred back to staff for further consideration. It was explained that the Study had been carried out by staff utilizing available material and presented to the Planning & Development Committee and Council for consideration. In reply to a question raised by Alderman Cummings regarding the time required for the re-examination of the study, the Planning Director stated that he could not set a time frame since the advice of experts would be required for an economic study. Mr. A.F. Sheppard, solicitor for the Niagara Parks Commission, was grants permission to address Council on the motion of Alderman Cummings, seconded by Alderman Hinsperger. Mr. Sheppard expressed the opinion that since the report had been presented to Council, it should be allowed to stand or alternatively, if the report is to be returned to staff for study, then the Ontario Municipal Board hearing on October 15th should 5e considered premature Alderman Puttick questioned why Mr. Sheppard should object to Council's desire to refer the study back to staff, since it was not a public document. The Alderman felt that the report in its present form would be detrimental t0 the Niagara Parks Commission's case. Mr. Jarvia commented that the hearing on this matter had been postponed twice, the last time being in August when the Commission had retained Mr. SheF'.~ as its new solicitor. The adjournment had been agreed to conditional upon hearing being re-scheduied to October and Mr. Sheppard being precluded from requesting a further adjournment. Mr. Sheppard indicated that if the City appeared before the Board without a policy on a particular issue, an unfair burden would be placed on the Ontario Municipal Board. Mayor Thomson stated that since professionals h~ve pointed out certain discrepancies in the study which could not benefit the Municipality's case, Council should refer the matter back to the Planning Department for further study. ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that the report be referred to the Planning Department for re-examination. Carried Unanimously. CONFIDENTIALITY OF COMMITTEE OF THE WHOLE Report No. 544 - Alderman J. Grasskemp - The report recommends that the information contained therein be Joined to the report by His Worship, Mayor Thomson dated September 29, 1980. ORDERED on the motion of Alderman Fera, seconded by Alderman Binsperger, that the report be received and filed. Carried Unanimously. PROPERTY STANDARDS Report No. 545 - City Manager - The report provides additional information with respect to properties on which orders to comply with Property Standards By-law 74-204 had been issued, as well as a list of the names of the property owners involved. -3- Alderman Puttick suggested that any recommendations made following the study of the property standards system, should be forwarded to the Provincial Government and the Association of Municipalities of Ontario. Mr. C. Costa was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Cheesman. Mr. Costa informed Council that he was the owner of 5723 McGrail Avenue, one of the properties listed in the report. Mr. Costa further stated that although he would like to maintain his property at the standard outlined in the by-law, however his tenants make such efforts difficult. It was explained that one tenant had been asked to leave because of his poor living standards. Mayor Thomson questioned Mr. Costs a number of times as to how he had been made aware the item was to be discussed by Council. Mr. Costa at length replied that a person in his building had told him. In light of this information, }hyor Thomson suggested that the Council should adjourn briefly to Committee of the Whole. Council reconvened in formal session following a brief meeting in Committee of the Whole. Alderman Puttick commented that since the matter had only been known to staff and members of Council in Committee of the Whole prior to the meeting, the matter should have been confidential. There would not have been time for someone to be advised of the matter's presence on the agenda, nor for that person to come to the meeting in time for the discussion without prior notification. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Sobol, that staff continue to pursue this matter, using legal assistance if required, and that a recommendation be forwarded to the City Clerk when the ne Council takes office, that a committee be established to study the property standards system to make recommendations to,the Provincial Government and to the Association of Municipalities of Ontario. The motion Carried with Alderman Graaskamp abstaining on a conflict of interest, and all others present voting in favour. NOTE: Aldermen Cheesman and Schisler were absent when the vote was taken on this matter. COMMUNICATION No. 191 - City of Thorold - Re: Walker Brothers Quarries Study on the Proposed Soliroc Process of Chemical Disposal. The communication advises that the City of Thorold will ask all municipalities in the Region affected by the proposal to become involved in the investigation along with Thorold, and that a copy of the report being prepared by Dr. Finlay will be sent to each municipality when available. Mayor Thomson informed Council that he will be attending a meeting on October 23rd in Thorold on this matter, and would be pleased to relay any comments the Council might have. Alderman Dilts stated that the matter was of major concern to those industries in the area which require a disposal site. Alderman Cummings expressed the concern felt by some people that the Thorold tunnel was unsafe and should not be used as a route. The Alderman also indicated that he was not in fayour of the site being located in Niagara Falls. Alderman Cheesman suggested that all the facts in connection with the Proposal should be assimilated before proceeding with a decision on the matter. Alderman Sobol, who represents City Council on a special committee studying this matter, indicated that the Thorold Tunnel had been recognized as a possible hazard, and would not be used as a traffic route. ORDERED on the motion of Alderman Pnttick, seconded by Alderman Fera, that the communication be received and filed. Carried Unanimously. Alderman Dilts expressed approval that staff was pursuing this matter. REPORTS In response to a question raised by Alderman Dilts, the Building & Development~ 'Co-ordinator stated that the administrative costs involved in processing such No. 546 - Planning Director Re: Official Plan Amendment No. 120 and Zoning matters could not be recovered from the property owners. The length of time Y ' required for action under the by-law varies, depending on the co-operation 0f knendment Application AM-IO/80, Saks Furniture Ltd. The report recommends Devel0 that approval of an amendment to the Official Plan and a change in zoning to the owners, and whether or not legal action is taken. The Building & termit the first phase of development proposed by Saks Furniture Limited on Co-ordinator suggested that a review of the entire property standards the southwest corner of NcLeod Road and Canadian Drive. system · would be wise, with a view to lmprove the system. " .............. -4 - - 5- Members of Council discussed the proposed move of Saks Furniture Limited No. 196 - Mrs. W. Borelli, Niagara Falls Block Parents - Re: Block Parent which is required because of the firm's need for larger parking facilities an! Week. The communication requests that City Council declare the week of store area, as well as the need to draw customers from a larger area. Alders October 19 - 25th as Block Parent Week in Niagara Falls. Cheesman questioned the computation of non-department store space referring , ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, to a paragraph in the letter from the Downtown Board of Management, which that the request be approved subject to established policy. Carried UnanimouslZ. indicated that the Saks proposal would not be replacing lost footage, but adding on more vacant space to the over-built space already in existence. No. 197 - Association of Municipalities of Ontario - Re: Community Services The Planning Director stated that this fact had been pointed out to the Contribution Program. The communication requests that City Council support Planning & Development Committee when the topic was considered, and no contrar the Association's concern over the possible withdrawal of the Federal input was received from Mr. A. Crate, the City's consultant on commercial Government from the Community Services Contribution Program. development. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger, that Council support the position taken by the Association and notify the Alderman Puttick questioned certain information in the report regarding 'appropriate Federal officials. Carried Unanimously. the Region's approval of the proposed rezoning, providing the by-law limited the first stage to 40,000 sq. ft. as supported by the market study. Alderman No. 198 - Mr. A.A. MacBain, M.P. - Re: Helicopters. The communication Merrett, a member of the Downtown Board of Management, indicated that the expresses opposition to the transfer of licence from Niagara Helicopters to market study had been provided by the applicant. The Alderman also pointed Pan-Air Helicopters, and advises that a request has been made to the out that Mr. Saks has eliminated some of his own floor space, and thirdly Minister of Transport to be kept advised of any further action on the matter. that the outlet was for furniture sales and not a large department store. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, Alderman Graaskamp felt that a modern furniture store requires loading that the communication be received and filed. Carried Unanimously. ramps and other facilities not available Downtown, but which are available No. 199 - Regional Municipality of Niagara - Re: Study of the Supply and in the outlying areas of the City. Alderman Sobol suggested that such a Demand for Sand and Gravel in the Niagara Region. The communication includes large scale store could draw business from all over the Region. While information collected in the Regional Sand and Gravel Study and requests the parking in the Downtown is sufficient at present, such an operation would assistance of local municipalities in assembling further information for the require s large area of land to facilitate the store and parking, and study. this type of property is not available Downtown. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that staff be authorized to assist the Region in assembling information for Following further comment, it was moved by Alderman Dilts, seconded the study. Carried Unanimously. by Alderman Fera, that the report be received and adopted. Carried Unanimousl No. 200 - Niagara Transit - Re: Financial Position. The communication reports Bee Resolution N0.~ that the Commission experienced a surplus month in August in the amount of See By-laws 80-18!~ $16,658.00 and the Commission's deficit for the first eight months of 1980. By-law 80-187 ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the communication be received and filed. Carried UnanimouSly. No. 547 - City Manager - Re: Closing and Sale of CorfMd Street. The report recommends passage of a by-law to authorize an amendment to By-law No. 80-120 No. 201 - Niagara Transit - Re: Pedestrian Crossovers (Crosswalks). The being a by-law to authorize the sale and conveyance of the closed part of communication requests that the City pass a by-law to designate pedestrian Corfield Street. crossovers on public highways under its jurisdiction. ORDERED on the motion Qf Alderman Sobol, seconded by AldermanMackenzie, that the report be received and adopted. Carried Unanimously. During the discussion which followed, concern was expressed that See By-law No. 8~ pedestrian crosswalks might create a false feeling of safety which could COMMUNICATIONS result in serious accidents. ~ Areas mentioned as possible locations for pedestrian crossovers were No. 192 - Volunteer Bureau - Re: Community Awareness Month Activities. The communication invites members of Council to attend a Wine & Cheese evening , senior citizen housing. The Director of Municipal Works informed Council on November 27, 1980. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, tha: ~ . ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that as many members of Council as possible attend the function. Carried Unanim0~ the communication be referred to staff for the preparation of a report. ' Carried Unanimously. No. 193 - Jeux Canada Games '81 - Re: Request for Financial Assistance. The ~. ~ communication solicits moral and financial support for the 1981 Jeux Canada Summer Games Society. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mackenzie, '~ parking in the downtown area for a Mammoth Flea Market being arranged for that the request be referred to the Finance Committee and Recreation Commiss~ for consideration. Carried Unanimously. No. 194 - Niagara Falls Family Y.M.C.A. - Re: Oktoberfest Fun .Run. The communication requests permission to use a portion of Stanley Avenue and !~ No. 203 - Mrs. D. Foster - Re: Corner of St. James Street and St. John Street. Cotfield Street in the route of the Oktoberfest Fun Run to he-held on October 20, 1980. ~. St. James and St. John Streets. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Cunmings, the request be approved subject to similar approvals being received from otbe:~ communication be referred to staff for the preparation of a report. Carried authorities involved. Carried Unanimously. J~ Unanimously, No. 195 - Hinistry of Transportation & Communications - Re: Enforcement of Municipal Bridge Weight By-laws under Section 77 of the Highway Traffic Act, The communication advises that the following requirements must be met in · order to enforce municipal bridge weight restrictions: 1) Signing as requtre~ ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that by the Highway Traffic Act be in place and ~omply with the pertinent Ontario the communication be referred to staff and the Regional Municipality of Niagara regulations in the Act; 2) The Municipal by-law establishing the LFor the preparation of a report. Carried Unanimously. restriction be approved by the Ministry and be available to enforcement personnel; and 3) That weigh scales be available within a reasonable distance. .6 ORDERED on the motion of Alderman Cummings seconded by Alderman Fete, that the communication be received and filed. ~arried Unanimously. -6- No. 205 - Canadian Ohio Brass - Re: M.O.E. Plan to Ban Landfill Disposal for Untreated Liquid Industrial Wastes. The communication states that the company will continue to require a landfill site which will dispose of solid waste and liquid clay slip waste, and requests support of the City to ensure a disposal facility. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Landfill Site Committee for consideration. Carried Unanimously, REPORTS No. 548 - City Manager - ReL Official Plan Amendment No. 97, Surplus M.T.C. Lands Northwest Corner of Lundy's Lane and Q.E.W. The report recommends that the modifications proposed by the Ministry of Housing to amendment No. 97 of the Official Plan for the Niagara Falls Planning Area, be endorsed by Council and that the Ministry be advised accordingly. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick, tha~ the report be received and adopted. Carried Unanimously. No. 549 - City Manager - Re: Street Name Changes. The report recommends: 1) That Council not agree to consider the N.R.T.A. request of having street name signs with one official name for regional roads (with two or more names) with the unofficial street name beneath; 2) That Council authorize staff to replace the street name sign "Redmond Heights" with the original name sign "Bellevue Terrace"; and 3) That Council authorize staff te prepare a draft by-law amending the legal description of Kinsmen Court to exclude the Can-Eng property and to include the following proposed street name changes - Burdett~ Drive to Burdette Drive East, Morrison Street to Fingland Street, Murie Stre~z to Don Murie Street and Portage Road (between Murray and Buchanan/Oakes) to Nain, Street. Council was advised that a number of the changes have already been implemented, and others will be made shortly. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 550 - City Clerk - Re: AM-3/80, By-law No. 80-122, Galco Holdings Ltd. The report recommends that the date of the scheduled Ontario Municipal Board Hearing with respect to the subject by-law, of November 12, 1980 at 11:00 a.m. in the City Hall Council Chambers, be noted. ORDERED on the motion ~f Alderman Merrett, seconded by Alderman Cummings, tha: the report be received and filed. C~rried Unanimously. No. 551 - City Manager - Re: Encroachment at 4607 Nelson Crescent. The report recommends that the application to permit the~continuation of an encroachment of the porch and steps of a building on the Nelson Crescent road allowance be approved, and passage of the appropriate by-law. ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 552 - City Manager - Re: Lot 8, Falls Industrial Park Extension. The report recommends that the City Council approve of a Request for Reserve Mr. DhanraJ Shirhora on Lot 8, Plan M-67 until December 31, 1980. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 553 - City Manager - Re: Licenee to Occupy and Use Ontario Hydro Lands, South Side of Welland River. The report recommends passage of a by-law authorizing the City to enter into a license agreement with O~tario Hydro the use of lands known as "J. Cummings" Lot, R.P. 1 for the purposes of a municipal parking facility. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, the report be received and adopted. Carried Unanimously. See By-law No. No. 554 - City Manager - Rel Encroachment - Motel and Appurtenances on Municipal Property. The report recommends that Council approve in principle the closing and conveyance of 7~ feet of a municipal laneway immediately adjoining Lots 146, 147 and 148, Plan 29 for the City of Niagara Falls, now known as Plan 294, and further that the City enter into an agreement to allow certain encroachments on Ontario Avenue. ORDERED on the motion of Alderman 8obol, seconded by Alderman Hinaperger, the: the report be received and adopted. Carried Unanimously. - 7- No. 555 - City Manager - Re: Release of Sewer Easement, Pt. Lots 160 and 173, Ranges 1, 2, 3, 4, 5 and 6, Plan of the Falls Company Lands. The report recommends passage of a by-law authorizing the Mayor and Clerk to execute a release of easement respecting the above referenced lands. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law 80-194 No. 556 - City Manager - Re: Exempcion of Lot 7 on Zimmerman Avenue from Part Lot Control. The report recommends passage of a by-law exempting Lot 7, Plans 999 and 1000 from part lot control, and that any costs arising from the registration of the by-law, following its approval by the Region, be paid by the applicant. ORDERED on the motion of Alderman Fera, seconded by Alderman }~ckenzie, that the report be received and adopted. Carried Unanimously. See By-law No. 80-188 No. 557 - City Manager - Re: Contract F.C. 23-80, Supply and Installation of Fences and Backstops. The report recommends that the unit prices submitted by Frost Steel and Wire Company be accepted by Council. Alderman Dilts stated that he would like the locations of the fences and backstops listed in future, particularly when such a large amount of money was involved. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See By-law No. 80-193 No. 558 - City Manager - Re: 1980 Capital Budget Projects. The report recommends passage of by-laws authorizing construction of a storm sewer on Brooks Street, and watermains on Stanley Avenue and Thorold Stone Road. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-laws 80-190, 80-191 and 80-192 No. 495 - City Manager - Re: Drainage Complaint, Mrs. Rodgers at 6763 Wilinger Street. The report recommends that staff advise Mrs. Rodgers of 6763 Wilinger Street that a solution to her drainage problem is for her to arrange for the construction of the necessary swale to a nearby existing catchbasin. Mayor Thomson reported that Mrs. Rodgers had called him today and indicated that she is not in favour of the recommendation. The Mayor advised that Mrs. Rodgets would like to meet with staff to discuss this matter further. Alderman Dilts informed Council that he has been involved in the matter and because of the nature of the drainage construction, the cost involved might be too high for Mrs. Rodgers and others involved. Alderman Sobol felt that the other neighhours of Mrs. Rodgers who are also involved with this situation should be considered. ORDERED on the motion of Alderman Dilts, seconded by Alderman Schisler, that the report be referred to the Drainage Committee and staff for consideration. Carried Unanimously. No. 559 - Drainage Committee - Re: Drainage Problem on Cartier Drive. The report recommends that the City contribute an amount of $700.00 towards the construction on private property which has been carried out by residents to resolve a drainage problem in the neighbourhood of Carrier Drive, Champlain Drive and Mackenzie Drive; and that the City~s contribution be charged to private rear lot drainage account #642. Alderman Dilts provided additional information on the matter. ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and-adopted. Carried Unanimously. No. 560 - City Manager - Re: Building & Development Report for September. The report provides current news relative to permit statistics and development Proposals for the month of September, 1980. ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. ~6t - City Manager - Re: Oakes Park Soccer Field Underground Sprinkling gystem. The report recommends that ~rainger Irrigation be awarded the contract for the installation of an underground sprinkler system on the Oakes Park soccer fie~d. -g _ Alderman Dilts informed Council that half the sprinklers have been installed and the funds are gone. The Alderman felt this work should have been done in the Spring. Council discussed the various tenders received. The Director of Municipal Works advised that the low price included materials and the cost of installation. The firm also provided a one year guarantee on quality of materials and workmanship with a sliding scale for materials to be replaced for seven years. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 562 - Finance Committee - Re: Forms Handling Equipment for Data Processing The report recommends that the City purchase a 3600 Series Forms Processor from Moore Business Forms at a price of $14,350 plus P.S.T. The City Treasurer informed Council that the equipment will mean a saving of at least $8800 per year in both payroll and data processing costs. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 563 - Finance Conunittee - Re: Seminar on Collection Strategies and Techniques. The report recommends that one member of 'the Finance Department attend the seminar on collection strategies and techniques. The City Treasurer provided additional information in response to a question raised by Alderman Sobol. ORDERED on the motion of Alderman Hinaperger, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 564 - City Manager - Re: Tile Drainage Act Loan, Application of Wayne DeYoung. The report recommends passage of a resolution approving an application of Wayne DeYoung Farms for a loan under The Tile Drainage Act, 1971, to construct tile drainage works on his property located in that section of the City which was formerly the Township of Crowland. ORDERED on the motion of Alderman Schisler, seconded by-Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 565 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipa% accounts. In response to a question raised by Alderman Cummings, the City Treasurer indicated that he would investigate Cheque #8035 for the purchase of parking meter keys, before making payment. ORDERED on the motion of Alderman Schisler, seconded by Aideman Mackenzie, that the report be received and adopted. Carried Unanimously. No. 566 - City Manager - Re: Community Services Contribution Program - Maple Area - Development Plan. The report recommends approval of projects to be carried out under the Community Services Contribution Program for the Maple Area. Alderman Cummings suggested that in the future, the Social Planning Council be asked to provide input into community programs since they have proven to be a valuable asset. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 567 - Finance Committee - Re: Policy on Requests for Contributions to Disaster Funds. The report recommends: 1) That the Province of Ontario be requested to review its criteria respecting the granting of f.inancial assista~m to municipalities having experienced disasters so that not only natural ~isasters but also some types of non-natural disasters be considered suitable 'for Provincial assistance; 2) That the Province be requested to assume the responsibility for co-ordinating Province-wide appeals being made by municipalities having experienced disasters; and 3) That the City of Niagara Falls place in its annual operating budget a nominal sum for municipal disaster relief and that each such appeal as received be dealt with on its .Iownmerits. Alderman Chessman informed Council that this matter was discussed fully should take a strong leadership role in this regard. at the last meeting of the Finance Con~nittee and it was felt that the province -9 - Alderman Cummings stated that he did not agree with the third recommendation since the City was already contributing through the Province. The Alderman further stated that he was not in agreement with setting money aside for this purpose, although contributions could be made if so desired. Alderman Cummings felt that money set aside for this purpose could be hard to administer. Alderman Chessman advised that the smaller the community, the more likely it will require contributions. ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the report be received and adopted. Carried with Alderman Cummings voting contrary, and all others voting in favour. No. 568 - Finance Committee - Re: Contributions to Capital Budget Projects. The report recommends that the 1981-82 City Council include amounts of $700,000 and $150,000 in the 1981 Operating Budget as contributions to Capital Budget projects in the General Fund and the Water Department respectively. It was further suggested that the new Council consider a further increase in these amounts for the 1982 Operating Budget to offset rising inflation costs. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 569 - Finance Committee - Re: Combined Sewer Repairs - Account #6-483-1 and Private Sewer Lateral Repairs - Account #6-483-2. The report recommends: 1) That funds included in the major sewer repair account number 11608, for the CNR combined sewer repairs be reallocated to cover cost overruns in the combined sewer repair account number 6-483-1 and private sewer lateral repairs account number 6-483-2; and 2) That staff give further consideration and submit proposals for consideration in the I981 budget review for additional monies that may be required to resolve the CNR combined sewer problem. ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 570 - City Manager - Re: Ontario Housing Corporation Policies. The report recommends that the resolution of the City of Waterloo regarding the residency requirements for accommodations in assisted rental housing be not endorsed. The City Treasurer informed members of Council that City staff is working on a program using a point system which is uniform throughout the Province. It was also stated that the Ontario Association of Housing Authorities endorsed the Peterborough resolution that the Ministry of Housing put the residency regulations back in place while the local Authority was not prepared to go along with the resolution. The residency requirement that some municipalities imposed has now been removed by the Ministry of Housing. Alderman Merrett expressed concern over the effect of the residency requirement on local people. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Graaskamp, that the report be received and adopted. The motion Carried with Aldermen Marrett and Mackenzie voting contrary, and all others voting in fayour. PETITION Con~unication No. 206 - R.T. Salci Real Estate - The petition objects to odours from the new pulp drying procedure at the Brighits Canning Factory. Mayor Thomson indicated that he had also received a letter of complaint from Walker Diggon Construction Ltd. regarding the operation, and suggested that they both be referred to the Ministry of the Environment. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the matter be. referred to .the Ministry of theEnvironment. Carried Unanim~ RESOLUTIONS No. 65 - CHEESMAN - CUIfi~INGS - RESOLVED that whereas an application for loan under ttle Tile Drainage Act, 1971 has been received from Mr. Wayne DeYoung DeYoung Farms, owner of property in that section of the City which was formerly the Township of Crowland; AND WHEREAS an inspection of the works proposed by Mr. DeYoung has been carried out by Mr. Ben Redekop, O.L.S., the Inspector of Drainage for the City of NIagara Falls, and he has confirmed that sufficient outlet facilities are available; NOW THEREFOKE BE IT RESOLVED that the application of Mr. Wayne DeYoun for a loan in an amount not to exceed $9,600 to construct tile drainage works on his Property as described in the application dated April 18, 1979 be approved; AND the Seal of the Corporation be hereto affixed. Carried Unanimously - 10 - No. 66 - DILTS - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 80-187 for the rezonin. of lands on the south side of Canadian Drive and west of Montrose Road, will' conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area once Amendment No. 120 is approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimous~ No. 67 - CHEESMAN - SCHISLER - RESOLVED that the contract price submitted by Frost Steel & Wire Co. Limited for the supply and installation of fences and backstops, be accepted at the total price of $30,346.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimous' No. 68 - CUMMINGS - MERRETT - RESOLVED that the quotation submitted by Grainj Irrigation for the supply and installation of an underground sprinkler syste~1 on the Oakes Park soccer field, be accepted at the quoted price of $8,850; the Seal of the Corporation be hereto affixed. Carried Unanimous]~ No. 69 - CUI~INGS - DILTS - RESOLVED that a message of condolence be sent to the family of the late Mr. George Monaghan Senior, a former employee of be hereto affixed. Carried ORDERED on the motion of that leave be granted to read a first time: BY-LAWS Alderman Cummings, seconded by Alderman Schieler, introduce the following by-laws, and the by-laws be provide for the adoption of an amendment to the Offia~ Niagara Falls Planning Area. (No. 120, Sake Furnitun ~ No. 80-186 - A By-law to Plan of the A By-law to amend By-law No. 79-200 of ~ City of Niagara Falls and By-law No. 2530, 1960 of the former Township of Stamford, n~ in the City of Niagara Falls. (AM-iO/80, Saks Furniture) No. 80-187 - No. 80-188 - A By-law.to designate certain land not to be subject to part control. No. 80-189 - No. 80-190 - No. 80-191 - A By-law to authorize a licerice agreement with Ontario Hydro. ~ A By-law to authorize the construction bf a storm sewermain asa improvement and extension to the sewage system in the Urban Setr~ areas of the City. (Brooks Street) ~' A By-law to authorize the construction of a watermain as an improvement to the water supply system in the Urban Service Are'l~ of the City. (Thorold Stone Road) ~ A By-law to authorize the construction of a watermain as an improvement to the water supply system in the Urban Service Are~ of the City. (Stanley Avenue) No. 80-192 - No. 80-193 - No. 80-194 - ,No. 80-195 - Company Limited for the supply and t e n cks[ in the City of Niagara Falls, . A By-law to authorize the release of a sewer easement. A By-law to allow the maintaining and using of a building which encroaches on Nelson Crescent. A By-law to amend By-law No. 80-120 being a By-law to authoriz~ the sale and conveyance of the closed part of Cotfield Street. No. 80-196 - ~.. No, 80-197 - A By-law to provide monies for general purposes, Carried RD on the motion of Alderman Fera, seconded by Alderman Cheesman, that L now read a second and third ttmez !!i he followin8 b~-laws.be ..... 11 - 11 - No. 80-186 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 120, Saks Furniture) No. 80-187 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls and By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls. (~M-IO/80, Saks Furniture) No. 80-188 - A By-law to designate certain land not to be subject to part lot control. No. 80-189 - A By-law to authorize a licence agreement with Ontario Hydro. No. 80-190 - 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. (Brooks Street). No. 80-191 - A By-law to authorize the construction of a watermain as an improvement to the water supply system in the Urban Service Areas of the City. (Thorold Stone Road) No. 80-192 - A By-law to authorize the construction of a watermain as an improvement to the water supply system in the Urban Service Areas of the City. (Stanley Avenue) No. 80-193 - A By-law to authorize an agreement with Frost Steel and Wire Company Limited for the supply and erection of fences and backstops in the City of Niagara Falls. No. 80-194 - A By-law to authorize the release of a sewer easement. No. 80-195 - A By-law to allow the maintaining and using of a building which encroaches on Nelson Crescent. No. 80-196 - A By-law to amend By-law No. 80-120 being a By-law to authorize the sale and conveyance of the closed part of Corfield Street. No. 80-197 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS UNITED NATIONS ASSOCIATION - PEACE WEEK A communication was presented from the United Nations Association asking that Council endorse a proclamation for Peace Week to be held October 24 - 30, 1980, and extends an invitation to the Mayor and members of Council to attend the annual United Nations Day Dinner to be held on Friday October 24, 1980. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the request be approved subject to the established policy on proclamations. Carried Unanimously. D~MOLITION OR TRANSFER OF NIAGARA ROAD 108 (PORTAGE ROAD) BRIDGE OVER THE BEPC CANAL A communication was received from the Regional Municipality of Niagara providing information on demolition costs for the Portage Road bridge over the HEPC Canal. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the matter be referred to the Finance Committee for consideration. Carried Unanimously. SCHEDULE OF COUNCIL MEETINGS Report No. 571 - City Clerk - The report recommends that the following schedule of meetings be adopted for the months of October and November, 1980: October 27 - regular meeting; November 17 - regular meeting; and November 24 - regular meeting. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that thc report be received and adopted, Carried Unanimously. R.V. ANDERSON SEWER STUDY UPDATE In reply to a question raised by Alderman Puttick regarding the additional fee submitted by R,V, Anderson for the update of the storm sewer portion of ..... 12 - 12 - the 1968 Flood Control and Pollution Abatement Report, the Director of Municipal Works advised that the Solicitor had been involved in Ontario Municipal Board hearings for several weeks, and it had not been possible to have a report prepared for Council. It was hoped that information would be available by October 27, 1980. LAND DIVISION COMMITTEE APPLICATION B-290/80 It was moved by Alderman Merrett, seconded by Alderman Cheesman, that the City Solicitor be directed to advise the Ontario Municipal Board that the City is withdrawing its appeal from the decision of the Land Division Committee on Application B-290/80. Carried Unanimously. PERSONNEL COMPLEMENT Alderman Graaskamp stated that he had collected facts and figures from the Personnel and Building Departments of the City. According to the Buildin Department records, total units for which building permits were issued in 1976 were 1055, however in 1979 the figure was down to 270 and 174 in 1980. During this period of time, the total personnel complement for the City was 1977 - 456, 1978- 447, and in 1979 - 445. It was pointed out by the Alderma that these figures showed that personnel employed by the City remained constant although economic activity had been reduced considerably. Alderman Graaekamp suggested that staff be reduced by attrition and any future hirings should be reviewed by Council. Aldermen Cummings and Puttick retired from the meeting. The City Manager produced information showing that there had been reductions in staff and efforts had been made to keep part time employees down to a minimum. The City Manager further explained that a report had been submitted to Council prior to Alderman Graaskamp becoming a member, which reviewed the system of replacing all employees. It was stressed that the complement of a department is continually reviewed, and each time a vacancy occurs, the position must be Justified at three separate levels. With respect to building permits, the City Manager inefcated that although the new housing units being constructed are decreasing, staff are now involved in new functions being undertaken by the City. The Director of Municipal Works advised that while development in the City was down, his department was now trying to catch up on work that could not be carried out during buslet times. This procedure had previously been explained to Council. Alderman Herrerr suggested that Alderman Graaskamp should investigate past actions of Council and staff, commenting that it was unfair for someone to suggest reducing staff when each of the budget gave a breakdown in staff complement. Alderman Cheesman suggested that in comparison with businesses closing plants to cut costs, the City could not close sewers, streets and stop snow,. The City has obligations to meet and the matter of required personnel has been discussed many times. In order to do a fair comparison study, it would have been necessary to go back ten years. VOLUNTEER BUREAU - COMMUNITY AWARENESS MONTH FLYER Mayor Thomson advised of a request received from the Volunteer Bureau for financial assistance In printing a flyer promoting Community Awareness Month. It was advised that the flyera will be circulated through City school'; and businessegg and approximately 15,000 copies would be required. ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobol, that the promotional flyer be printed in the City's print shop, with the City absorbing the costs. Carried Unanimously. GLOBE AND Mall ARTICLE Mayor Thomson expressed his appreciation to Mr. Paul Wilson of the · 1 Niagara Falls Review, for preparing the article on the tourist industry in '-Niagara Falls, which had been printed in the Globe and Mail. i - 13 - It was moved by Alderman Sobol, seconded by Alderman Fera, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, coLLx sS ' 61 'cns x' ' ..... ~YOR WAYNE THOMSON THIRTY-NINTH MEETING Committee Room #1 October 27, 1980 COMMITTEE OF THE WHOLE Council met on Monday, October 27, 1980 at 6:45 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Orr. Alderman Hiesperger presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, L. COL] DN, CITY CLERK · ·; 7~ . MAYOR WAYNE THOMSON Council Chambers October 27, 1980 Council met on Monday, October 27, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Orr. His Worship, Mayor Thomson presided as Chairman. Alderman Cummings offered the Opening Prayer. MOMENT OF SILENCE His Worship, MAyor Thomson requested members of Council and those persons present to Join with him in a moment of silent tribute in the memory of one of the City's most respected and beloved residents, Miss Judy LaMarsh, who passed away earlier in the day. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that the minutes of the meetings held on September 22nd, October 6th and 14th, 1980, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS INTERSECTION OF STANLEY AVENUE AND VALLEY WAY Communication No. 206 - Regional Municipality of Niagara - The communication advises that the City's request regarding improvements at the subject intersection, has been referred to Regional Roadways Division staff for appropriate action, to meet with City staff to further explore possible temporary solutions. The communication further indicates that in the 1981 budget, monies will be allocated for a traffic signal at the intersection as soon as the alignment has been changed. Alderman Cummings felt that improvements at this intersection must be considered a high priority item, and requested that he be kept advised of any information available on the matter at both the City and Regional level. The Director of Municipal Works advised that a meeting had been arranged early the next day with Regional staff, the owner of the small plaza on the corner and those members of Council who had expressed an interest in attending. In response to a question raised by Alderman Puttick, the Director of Municipal Works indicated that the City had received a letter from the owner of the plaza stating that he wished to carry on with the site plan for the project as it had been approved. It was indicated that this matter would also be discussed at the meeting. ORDERED on the motion of Alderman Merrett, seconded by Alderman Minsperger, that the communication be referred to the scheduled meeting for discussion. Carried Unanimously. g j -2- GROUP HONES STUDY - STATUS REPORT Report No. 572 - City Manager - The report advises that comments of the Region on the subject matter will be presented to the Planning & Development Committee for possible incorporation with the City's report. The Planning Director provided additional information in response to a question raised by Alderman Puttick. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that the report be received and filed. Carried Unanimously. COMMUNICATIONS No. 207 - Regional Municipality of Niagara - Re: Group Homes in Residential Neighbourhoods. The communication requests the comments of area municipalitie on the Regional study carried out on group homes in residential neighbourhoods ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be referred to Planning staff for examination and report. Carried Unanimously. No. 208 - Messrs. C. Beamer, Wm. Lawson and W.R. Clark - Re: Traffic in the Bakrer/Corwin/Spence/Carlton/Franklin Area. The communication requests the assistance of the City in resolving various traffic problems in the subject area. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the communication be referred to staff for the preparation of a report. Carried Unanimously. No. 209A- Niagara Regional Historical Council - Re: Lundy's Lane Battlefield. The communication urges the City to take steps to have an agency such as Parks Canada to undertake proper interpretation of an event of national significance and make use of the battlefield site appropriately. AND No. 209B - Ontario Historical Society - Re: Lundy's Lane Battlefield. The communication offers the support of the Society in having the battlefield site preserved for its historical significance. -- Alderman Graaskamp felt the City should contact the various historical organizations to see whether something can be done to have more input from the Federal and Provincial Governments in order to preserve the historical significance of the area. The Alderman also felt that efforts should be made to obtain monies to acquire property in the area. Mayor Thomson pointed out that the Local Architectural Conservation Advisory Committee was taking steps to have property in the area designated under the Ontario Heritage Act, and commented that while higher levels of government had not shown an interest in preserving the site, at least the City was taking action. Alderman Cummings felt the City should discuss the matter with the local historical groups to obtain their comments before any further approaches are made to the Federal Government. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Merrett that local groups indicating an interest in the matter be contacted and that a plan of action be formulated at that time. Carried Unanimously. No. 210 - Ministry of the Environment - Re' Study on Location and Identificatl r u tif 1 s s and a parallel study on those sites now closed which have been reported to ~eceived industrial waste. The Director of Municipal Works provided additional information in response to a number of questions raised. Alderman Puttick expressed concern regarding the cost of carrying out ,such a study, particularly since many previous disposal sites had used 'as a means of disposal. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the communication be received and filed. Carried Unanimously. No. 211 - City of Thorold - Re: Walker Bros. Quarries Chemical Waste Disposal Proposal. The communication encloses a copy of the report prepared by T - 3 - Dr. G. Finlay on the SOLIROC process for the solidification of liquid inorganic industrial wastes. Mayor Thomson advised that he had artended a public meeting in Thorold sponsored by the Better Understanding Committee regarding the Walker Brothers proposal. The Mayor stated that a number of items discussed at the meeting had concerned him, Particularly since the proposal was to be located within the boundaries of Niagara Falls. The Mayor felt the Council should take a stand on the matter prior to the Ministry of Environment hearing, and suggested that it might be beneficial to the Council to have representatives of the Better Understanding Committee make a Presentation. Reference was made to a W-5 television programme shown recently on the Walker Brothers site, and the Mayor indicated that the Province might be withdrawing its support of the proposal due to concerns raised after the programme had been shown. Alderman Puttick felt that Council should withhold any support of the proposal in the future because the firm had not been completely open with the City. The Alderman indicated that he had been shocked by the contents of the television programme, Particularly after the firm had stressed the precautionary measures that would be taken on the site as part of the proposal. Aldemnan Cheesman indicated that he had contacted the Ministry of the Environment to determine the nature of their withdrawal of support. The Alderman advised that the Ministry was still in favour of the SOLIROC process, however because of the allegations made in the W-5 programme, support of the Walker Brothers site had been withdrawn. The Ministry may re-submit the proposal somewhere else in the Province or possibly even with Walker Brothers. The Alderman cautioned Council to separate the two issues - the SOLIROC process and Walker Brothers' record. Alderman 'Mackenzie suggested that a video recording of the W-5 programme also be obtained and shown at the meeting when the Better Understanding Committee was to make a presentation. ; Following furthar comment, it was moved by Alderman Cheesman, seconded by Alderman Fera, that the Better Understanding Committee be invited to make a presentation to City Council, that the report on the SOLIROC process prepared by Dr. Finlay be referred to staff for assessment, and further that an effort be made to obtain a video recording of the W-5 Programme on the Walker Brothers .site. Carried Unanimously. No. 212 - Regional Municipality of Niagara - Re: Intersection of Lyons Creek Road and Stanley Avenue. The communication advises that according to traffic counts taken, there is an insufficient volume of traffic to warrant traffic signals at the subject intersection. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the communication be received and filed. Carried Unanimously. No. 213 - Mr, D. Maida - Re: Youth Appreciation Week. The communication requests that the week of November 10 - 16, 1980, be proclaimed Youth Appreciation Week. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that the request be approved subject to the established policy on proclamations. Carried Unanimously. No. 214 - Kinsmen Club of Niagara Falls - Re: Special Occasion Permit. The communication requests approval of the City for the Club, in conjunction with the Niagara Falls Optimists and Lions Club, to sell alcoholic beverages at the closed circuit television coverage of the Leonard/Duran fight at the Niagara Falls Arena on November 25, 1980. Report No. 573 - City Manager - Re: Closed Circuit Telecast of Duran/Leonard Fight. The report recomnends that the City of Niagara Falls enter into a licence agreement with Frank St. Louis for the use of the Niagara Falls Memorial Arena for the closed circuit telecast of the Roberto Duran/Sugar Ray Leonard boxing match on a no-risk financial basis for November 25, 1980. Alderman Cummings felt that the City should be promoting and sponsoring such events instead of having another individual share in the profits. The ilderman also suggested that the City could operate the liquor concession and generate even more revenue than will be realized euder the proposed arrangement. :The City Solicitor advised that the City should limit its activity to entering into an agreement for the use of the Arena, and not become involved in the promotion or liquor sales business. It was further advised that -4- there is a limit to the powers of the municipality, and the City Solicitor felt the City should not become involved in the promotion of fights. In response to a question raised by Alderman Puttick, the City Manager advised that season ticket sales for Niagara Falls Flyers hockey games had not quite reached 450. While this amount was not as high as originally hoped, it was pointed out that at the same time in 1979, less than 200 tickets had been sold. The 1,000 ticket figure previously mentioned had only been set as a goal, and the City Manager stated that the City had made no written commitment to sell that number of tickets. Mayor Thomson suggested that the City Solicitor prepare a written report outlining his reasons for recommending against the City's involvement in the promotion of such events. Both Aldermen Fera and Merrett felt the City should not be risking taxpayers dollars in promoting such events. Alderman Cummings suggested that the City Solicitor check into the situation in Sault Ste. Marie, where the City had operated a beer garden within the confines of the municipal arena. Alderman Graaskamp suggested that the price of the tickets be scaled down so that more people could afford to attend these events. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted, and a further report prepared on the legality of the City sponsoring and promoting such events. The motion Carried with Alderman Cummings voting contrary, and all others voting in favour. With respect to the special occasion permit, Mayor Thomson indicated that there had been a number of problems involved with the concession operatee at the last event. The Mayor felt there should be a committee set up to ensure that the concession is operated on a more professional basis. It was then moved by Alderman Dilts, seconded by Alderman Sobol, that the request be approved subject to the established policy, and further that a committee be established to work with the groups involved in the operation of the liquor concession. The motion Carried with Alderman Cummings voting contrary, and all others voting in favour. No. 215 - Downtown Busihess Association - Re: Free Parking - Downtown. The communication requests that all on-street and lot parking in the Downtown be }" after 3:00 p.m. Monday to Friday and all day on Saturday, from Thursday November 13 to Saturday December 27, 1980. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the request be approved. Carried Unanimously, REPORTS' No. 574 - Plannin~g & Development Committee - Re: Zoning Amendment Application: AM-29/79, M. & T. Corak, 4924 Second Avenue. The report recommends that the application be approved 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 Sobol, seconded by Alderman Fare, that the report be received and adopted. Carried Unanimously. See Resolution No See By-law No.~ No. 575 - City Manager - Re: Former Desson Subdivision. The report recommend~ that the Subdivisions Branch of the Ministry of Rousing be advised that the City concurs with a one year extension of draft plan approval to December '19, 1981 in respect to the above subdivision. ~ORDERED on the motion of Alderman Merrett, seconded by Alderman Fare, that t~ report be received and adopted. Carried Unanimously. No. 576 - City Manager - Re: Augurusa Subdivision. The report recommends thaa the Subdivisions Branch of the Ministry of Housing be advised that the City concurs with a one year extension of draft plan approval to November 22, 198] in respect to the above subdivision. 'ORDERED on the motion of Alderman Merrett~ seconded by Alderman Fare, that report be received and adopted. Carried Unanimously. No. 577 - City Manager - Rez Rainbow CaTdens Subdivision. The report reco~ - 5 - that the Subdivisions Branch of the Ministry of Housing be advised that the City concurs with a one year extension of draft plan approval to December 10, 1981, in respect to the Rainbow Gardens Subdivision. ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimous]X' No. 578 - City Manager - Re: Request for Extension of Agreement - Foxhead Inn - City of Niagara Falls - Biblical Wax Museum Ltd. The report recommends that the request of Arthur White, President of Biblical Wax Museum Ltd. to extend the subject agreement for building encroachments, be extended to October 31st, 1981. Alderman Sobol asked if there had been any indication given that future extensions of the agreement would not be required. The City Manager indicated that the two firms involved in negotiations were nearing agreement, and further extensions might not be necessary. ORDERED on the motion of Alderman Dilts, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 579 - City Manager - Re: Closing of Ray Avenue. The report recommends: 1) Passage of a by-law authorizing an agreement with G. & G. Astorino and J. Piazza respecting the sale of Ray Avenue as shown on R.P. 108, for the former Township of Stamford; 2) Passage of a by-law authorizing an application for the closing of Ray Avenue; and 3) Passage of a resolution authorizing an application to the Minister of Housing for consent to an Order being made amending R.F. 108 for the former Township of Stamford. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. See Resolution No. 71 See By-law No. 80-199 and 80-200 No. 580 - City Manager - Re: Encroachment - Harriett Crawford Huet~ 4607 Nelson Crescent. The report recommends passage of a by-law to authorize an amendment to By-law 80-195, being a by-law to allow the maintaining and using of a building which encroaches on Nelson Crescent. ORDERED on the motion of Alderman Sobol, seconded by Alderman Graaskamp, that the report be received and adopted. Carried Unanimously. See By-law No. 80-201 No. 581 - City Manager - Re: Lots 9 & 10, Falls Industrial Park Extension. The report recommends approval of a Request for Reserve from Mr. Anthony Rufrano of Cataract Metal on Lots 9 and 10, Plan M-67, until December 31, 1980. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 582 - City Manager - Re: Falls Industrial Park - Lot 31, R.P. 243. The report recommends passage of a by-law to authorize an agreement between the City and Tony and Lillian Wolsing respecting Lot 31, Falls Industrial Park. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that th~ report be received and adopted. Carried Unanimously. See By-law No. 80-202 No. 583 - City Manager - Re: Exchange of Land between the City and the Greater Niagara Transit Commission. The report recommends passage of a by-law to provide for the subject land transfer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 8q-203 No. 584 - City Manager - Re: Proposed Closing and Sale of the Westerly 33' of Smith Avenue. The report recommends passage of a by-law to authorize an agreement with Mr. & Mrs. C. Martignago respecting the closing and sale of a portion of Smith Avenue. ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law No. 80-204 No. 585 - City Manager - Re: Ryerson Market Park, The report recommends approval of the purchase of 45~6 and 4501 Ellis Street. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Grasskemp voting contrary, and all others voting in favour. -6- No. 586 - City Manager - Re: Transfer of Licence Agreement - Sophia Street Road Allowance. The report recommends approval of the transfer of a Licence Agreement from Mr. William Thomas to his two sons, namely Dr. Glyn William Thomas and William James Thomas. ORDERED on the motion of Alderman Minsperger, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 587 - City Manager - Re: Ratification of Committee of the Whole Item - Sale of Former Police Building. The report recommends that Council ratify the decision reached at a Committee of the Whole session held on October 14, 1980, in approving the sale of the former Police Building to the Niagara Regional Real Estate Association for a sum of $33,000.00. The City Clerk provided additional information in response to a question raised by Alderman Puttick. ORDERED on the motxon of A~derman Cheesman, seconded by Alderman Fera, that the report be received and adopted. The motion Carried with Alderman MackenzL abstaining on a conflict of interest, and all others voting in favour. No. 588 - City Manager - Re: Supply and Installation of Drapes. The report recommends that the quotation submitted by Falls Interior for the supply and installation of drapes for the remainder of the second floor and all of the main floor in the City Hall, be accepted. In response to a question raised by Alderman Puttick, the City Manager indicated that the drapes will replace existing drapes which are over nine years old. ORDERED on the motion of Alderman Fare, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. See Resolution N0, No. 589 - City Manager - Re: Tender for Supply of Winter Sand, 1980-81 Winter Season. The report recommends that that the report on this subject presented to City Council on September 29, 1980, be modified as follows: 1) The tender for supply and delivery of winter sand be awarded to Walker Bros. Quarries Limited for the unit price tendered by this company; an~'2) The tender for mixing salt with this sand be awarded to D.L. Stephens Contracting Limited for the unit price tendered. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the report be received apd adopted. Carried Unanimously. No. 590 - City Manager - Re: Contract W.I. 19-80, Watermain Installations on River Road from Bridge Street to Queen Street and from Ellis Street to Hiram Street. The report recommends that the unit prices submitted by Baldasaro and MacGregor Limited for the subject contract, be accdpted. In response to a question raised by Alderman Graaskamp, the City Manager advised that no storm sewers are planned for this area of River Road within the foreseeable future. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts that the report be received and adopted. Carried Unanimously. ' See Resolution See By-law No. 80 No. 591 - City Manager - Re: 1980 Tree Planting Program, Contract T.P. 24-80. The report recommends that the unit rates submitted by Gauld Nursery for the supply and planting of t~ee8, be accepted. In response to a question raised by Alderman Fera, the Director of Municipal Works explained that tenders for the tree planting contract were advertised, however only one tender was received. This tender. was considered to be reasonable as compared to the previous yearts price. Alderman Dilts stated that he would like future reports to include the number and location of trees to be planted. The Director of Municipal Works advised that the tender was for the supply of two hundred and thirty two tress. As far as location of trees was concerned, it was advised that many of the trees were replacements or for planting in new subdivisions, ~naking it difficult to outline exact locations. Alderman Puttick asked if any of the trees being purchased will be used to replace trees vandalized at Prince Charles Park. The Director of Munici Works indicated that he understood these trees had been re-planted. It was - 7 - further indicated that throughout the City, vandalism costs relating to trees was not high, and for that reason, the trees were re-planted. Following further comment, it was moved by Alderman Sobol, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 74 S_e.e By-law No. 8p-20_6 No. 592 - City Manager - Re: Intersection Control. The report recommends that by-laws be'~repared td provide for the installation of a stop sign on Otter Street at Ontario Avenue and a yield sign on Niven Street at its intersection with Brookdale Drive. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 593 - City Manager - Re: Pedestrian Cross-Overs. The report recommends that the R~ggion be requested to re-examine their existing policies concerning pedestrian cross-overs. Alderman Graaskamp felt the Region should be asked to initiate the requested cross-overs as a pilot project in Niagara Falls in order to assess their effectiveness for future applications. Alderman Merrett stated that this matter had been discussed at great length by the Parking Committee. It was the feeling of the Committee that the City should meet with the Region to determine whether such cross-overs could be used in Niagara Falls. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 594 - City Manager - Re: Parking on Portage Road. The report recommends that the Region be requested to prohibit parking on the east side ~f Portage Road from Kitchener Street southerly, to include one additional metered space. The Projects & Services Engineer provided additional information in response to a number of questions raised. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 595 - City Manager - Re: Tenders for Lawn Mowers. The report recommends that the tenders submitted by Ridgeway Farm Equipment Co. Ltd., Garrison Power Equipment and Pinder's Lawn & Leisure, for the supply of lawn mowers. The Projects & Services Engineer advised that the tender being accepted for the five heavy duty 25" power mowers was not the lowest price received. The lowest price received was for equipment that did not meet specifications. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 75 No. 596 - City Manager - Re: Drummond Park Village Subdivision Phase I - Placement of Base Asphalt. The report recommends that the request of Group Two Developments to accept prices negotiated with Steed & Evans Ltd. for the placement of base asphalt for the above subdivision be approved by Council. Alderman Sobol asked why this work could not be postponed until the Spring of 1981. The Director of Municipal Works indicated that if the roads are in this year, they will be available for use in the Spring for any building construction taking place. If the road construction is not carried out in 1980, the roads will not be there in the Spring for use, since the asphalt plants do not open until May 1st. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dtlts, that the report be received and adopted. Carried Unanimously. No. 597 - City Manager - Re: Connection Charge for Regional Watermains. The report recommends that the Regional Municipality of Niagara be informed that the City has no objection to the proposed Regional policy contained in Report DEP-1414 which would allow the Region to charge an amount of $500.00 for each connection to be made to an existing Regional watermain for existing development. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. -8- No. 598 - City Manager - Re: Keith Street Petition for Curbs and Gutters. The report reconm~ends that the petition to construct curbs and gutters on both sides of Keith Street from Portage Road to the C.N.R. right-of-way with the cost charged to the general rate, be denied and the petitioners advised that curb & gutter construction may be undertaken under the Local Improvement Act. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 599 - Finance Conmittee - Re: Nine Month Statement of Revenue and Expenditure. The report submits information on revenues and expenditures for tax supported services, the water supply system and parking fund for the nine month period ending September 30, 1980. The City Treasurer provided additional information regarding expenditures on the City float and for interest charges in response to questions raised. Alderman Dilts requested that the payroll fringe benefit costs be broken down into the different departments to provide a more complete picture on the cost of operating the different departments. The City Treasurer advised that the fringe benefit costs could be determined by calculating roughly 30% of the payroll costs in each department. ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrerr, that the report be received and filed. Carried Unanimously. No. 600 - City Manager - Re: 1980 Capital Budget Projects. The report recommends passage of seven capital works by-laws respecting road reconstruct~t sanitary and storm sewer construction, bridge reconstruction and Local Improvement construction. The Director of Municipal Works provided a brief explanation of the projects to be carried out. In response to a question raised by Alderman Herrerr concerning Local Improvements, the Director of Municipal Works advised that the same procedure for notification as used in the past would be followed for the 1980 Local Improvements. Each individual affected will be assessed for his share of the cost of the works, and-an opportunity is provided for these individuals to object to the works. The Director of Municipal Works further advised that the notices will be clearly worded so that the property owners involved should be able to understand them. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See By-laws 80-207.:- 80-208, 80-209, 8~ 80-211, 80-218 and~ 80-219 No. 601 - Finance Committee - Re: Registered Property 78-4, Part Lot 842, Plan 195, 5660 Desson Street. The report recommends that the subject property be conveyed.to the Falls Region Credit Union Limited in accordance with Section 53(1) of the Department of Municipal Affairs Act and subject to the approval the }~nistry of Intergovernmental Affairs and passage of the appropriate ORDERED on the motion of Alderman Sobol, seconded by Aldel~an Hinsperger, that the report he received and adopted. Carried Unanimously. See By-law No. No. 602 - Mayor Thomson - Re: Ontario Home Renewal Program. The report that the City has received a cheque in the amount of $58,218.29 from the of Ontario representing the second advance of the 1980-81 per capita Provinci~ grant under the Ontario Rome Renewal Program. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, the report be received and adopted, Carried Unanimously. No. 603 - Loan Review Committee - Re: Applications for Assistance. The'repor~ recommends approval of eleven applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Aldemman Chessman, seconded by Alderman Fern, that ~he report be received and adopted, Carried Unanimously. No. 604 - City Mana~e~ - Re: Municipal Accounts, The report recoa~ends paymeI of the municipal accounts. The City Treasurer provided additional information regarding the payment gr.,Snts to various organizations, and Cheques ~8345, 8369, 8383 and 8505 - 9 - in response to questions raised by Alderman Merrett, Schisler, Sobol and Hinsperger. ORDERED on the motion of Alderman Puttick, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 605 - Finance Committe~ _ Re: Niagara Falls Arena - Architectural Contract. The report recommends that the City enter into an agreement with D.N. Chapman Associates for architectural plans for the addition and renovation to the Niagara Falls Arena providing for architectural fees up to $25,000. Alderman Puttick felt that the matter should be tabled until the 1981-82 Council takes office in the event the new Council does not wish to proceed with the project. The Building & Development Co-ordinator explained that the project must be completed by the Fall of 1981, and in order to meet this deadline, tenders must be called in January of 1981. Complete plans will be required for the tender call, and these plans could not be prepared in time if the architect is not retained until the new Council takes office. Alderman Cummings pointed out that if Council does not proceed now, the City would not qualify for the expenditure later regardless of whether the new Council wished to proceed. The Alderman commented that this major project will be constructed at a cost to the City of 25¢ on the dollar. Although the other 75¢ contributed by the Federal and Provincial Governments is also taxpayers' dollars, if the City does not use it, it will be spent elsewhere. Alderman Fern commented that for the majority of projects, the Chapman firm is retained as architect. The Alderman asked if this type of work is ever tendered. Mayor Thomson advised that usually submissions are requested from various firms as opposed to following the tender procedure. In this particular case, Chapman's firm had prepared the preliminary plans for the City, and it was only logical that the firm be asked to prepare the final drawings. Mayor Thomson suggested that the City could proceed on the basis that the new Council will make a decision as soon as possible on whether or not to undertake the project. If the new Council does not intend to proceed, the architect could he told at that time. Alderman Herrerr pointed out that the fee that would be paid to the architect was minimal compared to the cost of the whole project. If the City -does not proceed at this time, the whole grant could be lost. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion ~arried with Alderman Puttick and 8chisler voting contrary, and all others voting in fayour. See By-iaw No. 80-215 No. 606 - City Manager - Re: Seminar on Rail and Highway Hazardous Materials. The report advises that due to the success of a seminar hosted by the Niagara Palls Fire Department on rail and highway hazardous materials, a second seminar has been planned for the spring of 1981. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 607 - City Manager - Re: C.S.C.P. Maple Area - Redevelopment Plan Approval. The report recommends passage of a by-law adopting the Redevelopment Plan for the Maple Area, and that the Plan be forwarded to the Province. Alderman Sobol asked if the boundary for the Maple Area could be extended to include the intersection of Stanley Avenue and Valley Way, so that the cost of re-aliSning the intersection could be funded under the Program. The Projects and Services Engineer stated that only a small portion of the intersection was included within the Maple Area, and the work that could be done for that portion was minimal. As far as changing the boundaries, it was advised that there is no Possibility of extending the neighbourhood at this time. The City Manager and Director of Municipal Works provided additional information regarding approval of the Plan by the Province and installation of underground services, in response to questions raised by Aldermen Craaskamp and Puttick. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law No. 80~2.16 - 10 - RESOLUTIONS No. 70 - SOBOL - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 80-198 for the rezoning of 4924 Second Avenue, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl-I No. 71 - SOBOL - MERRETT - RESOLVED that pursuant to subsection 4 of section 86 of The Registry Act R.S.O. 1970, Chapter 409 as amended, the Minister of Housing be requested to consent to an Order being made amending the plan of subdivision registered in the Registry Office for the Registry Division of the County of Welland, .now Niagara South, on the 3rd day of August, 1950 as Plan No. 108 for the former Township of Stamford by permanently closing Ray Avenue as shown on the said plan; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl7 No. 72 - FERA - SOBOL - RESOLVED that the tender submitted by Falls Interiors for the supply and installation of drapes for a part of the second floor and all of the main floor of the City Hall, be accepted at the quoted price of $4,898.33; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl! No. 73 - CHEESMAN - DILTS - RESOLVED that the unit prices submitted by Baldass: and MacGregor for the installation of watermains on River Road from Hiram Strei to Ellis Street and from Bridge Street to Queen Street, be accepted at the tendered price of $340,224.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl} No. 74 - SOBOL - MERRETT - RESOLVED that the contract price submitted by Gaula Nurseries for the 1980 tree planting program, be accepted at the tendered prici of $6,304.50; AND the Seal of the Corporation be hereto-affixed. Carried Unanimousi! No. 75 - MERRETT - CHEESMAN - RESOLVED that the following prices submitted for the supply of lawn mowerg, be accepted: a) One 1980 Case Model 444 Riding Tractor with Mower Attachment - J. Datema & Sons b) Ten 1980 Lawn Boy Super Conun. 21" Rotary Mower, Model 6280 - Pinder's Lawn & Leisure c) Six 1980 Lawn Boy Heavy Duty 21" Rotary Mower Model 6259 - Pinder's Lawn & Leisure d) Five 1980 Toro Heavy Duty 2 Power Mower Model 23267 - Garrison Power Equipment ; AND the Seal of the Corporation be hereto affixed. $3,125.21 $2,728.50 $1,508.70 $6.,.653.75 Carried Unanimousl No. 76 - SCHISLER - CHEESMAN - RESOLVED that whereas the 1980 Capital Expendit Quota for the City of Niagara Falls estabIished by the Ontario Municipal Boa includes a net expenditure of $410,000.00 for road reconstruction and a storm. on Falls Avenue from Clifton Hill to Bender Street; AND WHEREAS it is deemed expedient to defer the proposed road reconstruction0:~ the said portion of Falls Avenue at a net estimated cost of $110,000.00; ~ NOW THEREFORE BE IT RESOLVED: 1) That the reconstruction of Falls Avenue from Clifton Hill to Bender Street be deleted from the 1980 capital works programme; 2) That the Ontario Municipal Board and The Regional Municipality of Niagara be requested to approve the re-allocation of the unused Capital Expenditure Quota amount for the said Falls Avenue from Clifton Hill to Render Street, estimated at $110,000.00, to the proposed construction of a storm sewermain 0~ Bender Street from Victoria Avenue to River Road; AND the Seal of the Corpora~ ~e hereto affixed. Carried Unanimou~ No. 7~ - CUMMINGS - ~INSPERGER - RESOLVED that a message of condolence be sen~ to the family of the late Miss Judy LaMarsh, former Member of Parliament for Niagara Falls, and a most respected member of the community; AND the Seal of the Corporation be hereto a~fixed. Carried UnanimoosJ - 11 - BY-LAWS In response to several questions raised by Alderman Puttick concerning By-law 80-214, the Projects & Services Engineer advised that the total cost of the parking and traffic study was estimated at $115,000. The City's share of the cost amounts to $40,000, which is the amount included in the ~udget. The upset limit of the study was set at $115,000, and the City's share of $40,000 could not be exceeded without the knowledge and approval of Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-198 - A By-law to amend By-laws Nos. 79-200 and 5335, 1955, as amended. (AM-29/79, M. & T. Corak) No. 80-199 - A By-law to authorize an agreement with Giosue Astorino and Giuseppina Astorino and Josephine Piazza respecting the sale of Ray Avenue. No. 80-200 - A By-law to authorize an application for the closing of Ray Avenue on Registered Plan 108 for the former Township of Stamford. No. 80-201 - A By-law to authorize an amendment to By-law No. 80-195 being a by-law to allow the maintaining and using of a building which encroaches on Nelson Crescent. No. 80-202 - A By-law to authorize the execution of an agreement with Tony Wolsing and Lillian Wolsing respecting Lot 31 according to Registered Plan No. 243 for the City of Niagara Falls, being the Falls Industrial Park. No. 80-203 - A By-law to authorize an exchange of lands with the Greater Niagara Transit Commission. No. 80-204 - A By-law to authorize an agreement with Cirillo Martignago and Fanny E. Martignago respecting the proposed closing and sale of part of Smith Avenue. -No. 80-205 - A By-law to authorize the execution of an agreement with Baldasaro and MacGregor Limited for the installation of watermains on River Road from Hiram Street to Ellis Street and from Queen Street to Bridge Street. No. 80-206 - A By-law to authorize the execution of an agreement with Gauld Nurseries Limited for the 1980 tree planting program. No. 80-207 - A By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. No. 80-208 - A By-law to authorize the reconstruction of a sanitary sewermain as an improvement to the sewage system in the Urban Service Areas of the City. (Sarah Street) No. 80-209 - A By-law to authorize the reconstruction of the bridge on Whirlpool Road over the Ontario Hydro Power Canal. No. 80-210 - A By-law to authorize the reconstruction of Grassybrook Road from a point approximately 1200 feet west of Crowland Avenue to a point approximately 800 feet east of Crowland Avenue. No. 80-211 - A By-law to authorize the reconstruction of Clark Avenue from Ferry Street to'Robinson Street. No. 80-212 - A By-law to authorize an agreement with Proctor and Redfern Limited for engineering services in connection with the construction of a storm sewer and watermain on Bender Street. No. 80-213 - A By-law to authorize the conveyance of land to the Falls Region Credit Union Limited. No. 80-214 - A By-law to authorize an agreement with Lanmer Consultants (1978) Limited for engineering services in connection with the parking and traffic study for the City of Niagara Falls. ..... 12 - 12 - No. 80-215 - A By-law to authorize an agreement with Donald N. Chapman, Associates, Architects for architectural services in connection with the proposed additions and repairs to the Niagara Falls Memorial Arena. No. 80-216 - A By-law to adopt a Redevelopmerit Plan for the Maple Redevelopmen Area. No. 80-217 - A By-law to provide monies for general purposes. No. 80-218 - A By-law to authorize the construction of a storm sewer as an improvement and extension to the sewage system in the Urban Servi Areas of the City. (Falls Avenue) No. 80-219 - A By-law to amend By-law 79-218, to authorize the construction of storm sewermain on Bender Street from Victoria Avenue to River Rc Carried with Aldem Puttick and Schisl voting contrary By-law 80-215, and others voting in ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman, that the following by-laws be now read a second time: No. 80-207 - A By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. No. 80-209 - A By-law to authorize the reconstruction of the bridge on Whirlpc Road over the Ontario Hydro Power Canal. No. 80-210 - A By-law to authorize the reconstruction of Grassybrook Road fro; point approximately 1200 feet west of Crowland Avenue to a point approximately 800 east of Crowland Avenue. No. 80-211 - A By-law to authorize the reconstruction of Clark Avenue from Fer Street to Robinson Street. Carried Unanimousl ORDERED on the motion o~ Alderman Chessman, seconded by Alderman Merrett, tha~ the following by-laws be now read a second and third time: . No. 80-198 - A By-law to amend By-laws Nos. 79-200 and 5335, 1955, as amended. (AM-29/79, M. & T. Corak) No. 80-199 - A By-law to authorize an agreement with Giosue Astorino and Giuseppina Astorino and Josephine Piazza respecting the sale of Ray Avenue. No. 80-200 - A By-law to authorize an application for the closing of Ray Aven~ on Registered Plan 108 for the former Township of Stamford. No. 80-201 = A By-law to authorize an amendment to By-law No. 80-195 being a by-law to allow the maintaining and using of a building which'~ encroaches on Nelson Crescent. No. 80-202 - A By-law to authorize the execution of an agreement with Tony Wolsing and Lillian Wolsing respecting Lot 31 according to Plan No. 243 for the City of Niagara Falls, being the Falls Park. ~No. 80-203 - A By-law to authorize an exchange of=lands with the Greater Transit Commission. No. 80-204 - A By-law to authorize an agreement with Cir811o Martignago and E. Marttgnago respecting the proposed closing and sale of part Smith Avenue. No. 80-2p5 - A By-law to authorize the execution of an agreement with and MacGregor Limited for the installation of watermains on Road from Hiram Street to Ellis Street and from Queen Street to Bridge Street. - 13 - No. 80-206 - A By-law to authorize the execution of an agreement with Gauld Nurseries Limited for the 1980 tree planting program. No. 80-208 - A By-law to authorize the reconstruction of a sanitary sewermain as an improvement to the sewage system in the Urban Service Areas of the City. (Sarah Street) No. 80-212 - A By-law to authorize an agreement with Proctor and Redfern Limited for engineering services in connection with the construction of a storm sewer and watermain on Bender Street. No. 80-213 - A By-law to authorize the conveyance of land to the Falls Region Credit Union Limited. No. 80-214 - A By-law to authorize an agreement with Lanmer Consultants (1978) Limited for engineering services in connection with the parking and traffic study for the City of Niagara Falls. No. 80-215 - A By-law to authorize an agreement with Donald N. Chapman, Associates, Architects, for architectural services in connection with the proposed additions and repairs to the Niagara Falls Memorial Arena. No. 80-216 - A By-law to adopt a Redevelopment Plan for the Maple Redevelopment Area. No. 80-217 - A By-law to provide monies for general purposes. No. 80-218 - A By-law to authorize the construction of a storm sewer as an improvement and extension to the sewage system in the Urban Service Areas of the City. (Falls Avenue) No. 80-219 - A By-law to amend By-law 79-218, to authorize the construction of a storm sewermain on Bender Street from Victoria Avende to River Road. Carried with Aldermen Puttick and Schisler voting contrary on By-law 80-215, and all others voting in favour. It was moved by Alderman Puttick, seconded by Alderman Merrett, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON FORTIETH MEETING Committee Room #1 November 17, 1980 COMMITTEE OF THE WHOLE Council met on Monday, November 17, 1980 at 6:30 p.m. in Connnittee of the Whole. All members of Council were present. Alderman Herrerr presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. . ~a~A~.~ READ ~ ADOPTED, MAYOR WAYNE THOMSON Council Chambers November 17, 1980 Council met on Monday, November 17, 1980 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, MAyor Thomson presided as Chairman. Alderman Dilts offered the Op~ning Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the minutes of the meeting held on October 27, 1980, be adopted as printed. Carried Unanimously. PRESENTATION OF ACHIEVEMENT AWARDS His Worship, Mayor Thomson presented achievement awards to the members of the Stamford Centre Volunteer Firemen's Association Bantams who had won the all Ontario Baseball Association Bantam Championship at Oakes Park in September. Those present to receive awards were: David Burns, Greg Denington, Kyle Hart, Mike Jarrett, David Kerr, Sal Manella, Jeff Mazzone, Darren Shannon, Coach Paul Campigotto, and Assistant Coach Barry Noble. The following members who were unable to attend will also be presented with awards: Rob Jolley, Randy Labrasseur, Bat Boy Troy Lebrasseur and Manager Bob Jolley. · DEPUTATION PROPOSED NIAGARA SOUTH BOARD OF EDUCATION ELEMENTARY SCHOOL RE-ORGANIZATION Mr. A. Gemmell was granted permission to address City Council on the motion of Alderman Dilte, seconded by Alderman Cummings. Mr. Gemmell stated that although he was not opposed to the closing of schools in the City as a coat-saving measure, he felt the entire costs involved had not been accurately calculated and presented by the School Board. Mr. Gemmell felt the Board had not taken into consideration all of the costs that would be involved in the school closings. While savings would be realized in transportation coats, Mr. Germnell pointed out that the closings could result in a greater number of students having to be transported. Mr. Gemmell distributed a cost summary he had prepared indicating that the savings would amount 'to approximately ~460,000 and not $750,000 as suggested by the Board. Alderman Fera pointed out that Council had no control over the Board, and there was little that could be done other than to make people more aware of the matter. Mayor Thomson indicated that the people were concerned that the Board would make a decision without any discmssion or input from the public. The Mayor suggested that Council could ask the Board to delay a decision on the matter until further opportunity for comment was made available. Mrs. M. Silvestrone vas granted permission to address Council on the motion of Alderman Herrerr, secondad by Alderman Cummings. Mrs. Silvestrone - 2- stated that she was concerned not only with the monetary aspect of the re-organization, but the effect the proposal will have on the quality of education children will receive. Mrs. Silvestrone pointed out the many questions that had been raised by the Board on the re-organization, and the fact the Board had not answered these questions yet itself. Concern was also expressed over the possible lack of music, art and physical education facilities that could result in the re-organization. Mrs. Sil- vestrone asked that Council assist in having a decision by the Board postponed until concerned residents can get sufficient information to enable them to express an informed opinion to the Board. Alderman Puttick suggested that it might be beneficial to have a public meeting held with officials of the Board present, so that answers can be obtained on the concerns raised. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Orr, that the Niagara South Board of Education be requested to postpone a decision on the proposed re-organization of elementary schools, that staff prepare a report on the proposal for the consideration of Council, and further that the Board be requested to hold a public meeting to discuss the matter further. The motion Carried with Aldermen Cheesman and Sobol abstaining on a conflict of interest, and all others voting in fayour. UNFINISHED BUSINESS INTERSECTION OF STANLEY AVENUE AND VALLEY WAY Report No. 608 - City Manager - The report recommends that a public meeting be held to discuss improvements to be made at this intersection. AND Report No. 609 - City Manager - The report recommends passage of a by-law to authorize the improving and widening of the road on the south side of Valley Way from a point at the southwest corner of Valley Way and Stanley Avenue to approximately 280 feet westerly therefrom, by placing granular base and asphalt surface to provide a 10' wide right-hand turnirrg' lane and accompanyini taper section at an estimated cost of $3,000 to $4,000. AND Communication No. 216 - Residents of Stanley Avenue/Valley Way Area - The communication expresses .oppositlon to any changes at the subject intersection that would encourage the flow of traffic past Valley Way School, thereby exposing the students to a dangerous situation. Mr. G. Turpin was granted permission to address City Council on the motion of Alderman Cummings, seconded by Alderman Dilt~. Mr. Turpin express~I~ the concern that suggested improvements could endanger the children living the area and especially of children attending Valley Way School, by bringing into a residential area a heavy flow of traffic. It was suggested that an alternative route of action, possibly at Mcgee Street could be considered. Mr. Turpin offered to meet and discuss the matter with City officials in an effort to resolve the situation. In response to a question raised by ~yor Thomson, Mr. Turpin indicated that he was not opposed to the interim measuresr to be taken in widening Valley Way west of Stanley Avenue. Alderman Puttick asked the outcome of discussions held with the owner of the small plaza on the corner regarding the possible closing of the parking lot entrance on.Stanley Avenue. The Director of Municipal Works advised that the plaza 6wner did not wish to become involved financially in the re-alignment of Valley Way. With respect to the parking. lot entrance, it was advised that the owner was of the opinion that all requirements had been met when the plaza was built, and that he was entitled to the permit granted by the Region for an entrance on Stanley Avenue. As far as road widening was concerned, the Director of Municipal Works stated that no lands would be required from the plaza for the proposed re-alignment. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Chessman, that the reports be received and adopted, and the referred to the public meeting to be arranged. Carried Unanimously. CITY PARTICIPATION IN SPORTING EVENTS Report No. 610 - City Solicitor - The report indicates that the Council restrict the participation of the City in producing such events to entering into a liceace agreement for the use of the arena for a charge which could - 3 - a fixed fee, a Percentage of the admission receipts or a combination of the two. The report also indicates that under present regulation, the City would not be able to obtain a licence for the sale of alcoholic beverages at the arena. Alderman Cummings expressed his disappointment that the City would always be in the position of sharing the profits from such events with a promoter. In response to a question raised by the Alderman, the Deputy Solicitor advised that the City could not sponsor any event, the object of which was to turn a profit. It was felt that tax dollars should be used for legitimate municipal purposes unless special legislation exists, and not risked on matters free enterprise can handle. The City Manager provided additional information on other ways in which the City derives revenue from such events, i.e. rental fee for the arena, concessions, etc. Following further comment, it was moved by Alderman Fera, seconded by Alderman Dilts, that the information be noted, and the report received and filed. Carried Unanimously. NOTE: Alderman Cheesman was absent when the vote was taken on this matter. TRANSFER OF COMMERCIAL AIR SERVICES TO PAN-AIR HELICOPTERS LTD. Report No. 611 - City Solicitor - The report recommends that the notification from the Air TranSport C6~mitt~e of the Canadian Transport Commission that it "does not disallow" the transfer of commercial air services from Niagara Hell-Air to Pan-Air Helicopters Ltd. be noted, and the report received and filed. In response to a question raised, His Worship, Mayor Thomson indicated that Mr. A.A. MacBain, M.P. had advised the City Solicitor that there is a right of appeal to the Minister from the decision of the' Air Transport Committee. Mrs. J. Blair was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Orr. Mrs. Blair referred to a comment made by a government official that the only complaint received to the transfer, was from the City. Mrs. Blair pointed out that the fact the -complaint was from the City itself, had not made any difference in the granting of the transfer. Mayor Thomson suggested that the possibility of appealing the decision of the A.T.C. be investigated. Following further comment, it was moved by Alderman Sobol, seconded by Alderman Merrett, that the City Solicitor research the possibility of further opportunity for a public hearing. The motion Carried with Alderman Cheesman voting contrary, and all others voting in layout. ARBITRATION AWARDS - NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS, LOCAL 528 Report No. 612 - City Manager - The report advises that an award has been received under Section 7 (1) of the Fire Departments Act which is binding upon the Municipality and the Fire Fighters, as follows: 1) Pensions - O.M.E.R.S. Type I Supplementary Pension Benefit (2%) to provide for true past service back to the date of employment as prescribed under the O.M.E.R.S. Act and regulations ($140,600 in 1980 and eight annual payments of $44,600); and 2) Salaries -An increase of 13.95% over the 1979 end rate salary paid to the Niagara Falls First Class Fire Fighter (Costing $280,370 in 1980). The total additional annual cost of the complete settlement is $433,200 or 21%. Alderman Puttick expressed concern over the effect of such binding arbitration awards on municipalities and their negotiations with other municipal employees. The Alderman stated that he had inquired about the binding aspect of the award, and had been advised that if the municipality does not adhere to the terms set down by the arbitrator, the City and even the Council could be held in contempt and penalized. The City can appeal the award through the Judicial review procedure, and in order to do that, the City would have to prove bias in the decision or an error in law. The Alderman pointed out that the Chairman of the Arbitration Board had been involved in similar awards previously, and was sympathetic to the fire fighters' claim for parity with police officers. Alderman Puttick felt this fact could be considered as bias on the part of the Chairman in showing favouritism in his decision. The Alderman felt that the Council should consider tabling the report and trying to determine if there was bias involved in the decision. The Deputy Solicitor advised that the arbitration is binding upon the parties involved and if the award or decision were not implemented, it could result or could subject the parties to contempt proceedings because the decision can be registered with the Supreme Court and have the same effect as a judgemeat. The decision of the arbitrator can be reviewed by the Divisional Court of the Supreme Court of Ontario, however the Judicial Review procedure provides that the decision can only be reconsidered where there is a case of bias, an error of law, bad faith, or where the decision making body exceeds its Jurisdiction. The Deputy Solicitor further indicated that he had spoken to the lawyer who had argued the Cityts case at the hearing, and it was his opinion that there was no case to be made on Judicial Review. It was the lawyer's suggestion that those municipalities feeling they have been unfairly treated, should direct their energies towards having the Fire Departments Act amended. Alderman Cun~nings pointed out that the City was aware of the chance it was taking when negotiations had reached the arbitration stage, and the only option open to the City now was to accept the award and attempt to have the Fire Departments Act changed. Alderumn Schisler pointed out that a fire fighter will be receiving much more than the $22,800 annual salary when one considers the cost of paid benefits. The Alderman agreed that the City should support the position taken by the City of Waterloo in opposing arbitration awards based on parity with police salaries. Following further comment, it was moved by Alderman Grasskemp, seconded by Alderman Orr, that the report be received and filed. The motion Carried with Alderman Puttick voting contrary, and all others voting in favour. NOTE: Alderman Dilts was absent when the vote was taken on this matter. RESOLUTION BY CITY OF WATERLOO RE: ARBITRATION AWARDS Report No. 613 - City Manager - The report reco~mends that Council endorse a resolution petitionlug the Premier of Ontario to form a Task Force and initiate a public review and inquiry into the total compulsory and binding arbitration system in Ontario, and further that the Honourable William Davis Premier of Ontario, the Noncurable T. Wells, Mr. V. Kerrio M.L.A., the Police ~overning Authority and the Association of Municipalities of Ontario be advised accordingly. Several members of Council expressed their views on arbitration awards to fire fighters, and the alternatives open to councils in dealing with such matters. Following further comment, it was moved by Alderman Chessman, second~ by Alderman Cummings, that the report be received and adopted. The motion Cart Unanimously. NOTE: Aldermen Hinsperger and Orr retired from the meeting. GROUP HOMES - REQUEST BY PROVINCE FOR MUNICIPAL ACTION Report No. 614 - Planning & Development Committee - The report recon~nends that the Planning Director be authorized to prepare, in conjunction with the Social Planning Council, a suggested Committee membership to discuss and make recommendations to Council regarding the role of group homes in the City; a~d further that the Regionts report on the same topic also be referred to the "Group Homes Working Committee" to include in its studies for report back to Council. Alderman Cummings suggested that a copy of the report be sent to .the Social Planning Council. ORDERED on the motion of Alderman Dilts, seconded by ~lderman Fera, that the report be received and adopted. Carried Unanimously. METHANE ~AS GENERATION - HOUCK PARK Report No. 615 - City Nana~er - The report fete,mends; 1) That the City - 5 - a fan and associated duct work at the Royal Canadian Legion Branch 51 building on Valley Way in accordance with a report prepared by Hydrology Consultants Limited dated June 5, 1980 at an estimated cost to the City of $500; 2) That the City provide a preventative maintenance program for this system estimated at $50 per year; 3) The Royal Canadian Legion be compensated for electrical power required to drive this fan estimated at $10 per year; 4) The City monitor for methane gas at the sump in the Royal Canadian Legion building on Valley Way during the months of December, January, February and March and that further methane gas measurements be taken during the months of June and September; and 5) That the Legal Department be authorized to prepare an agreement between the City and Branch 51 of the Royal Canadian Legion to cover installation and maintenance of this ventilating system, including all costs associated with the other recommendations made through this report. The Director of Municipal Works provided additional information on the matter in response to a number of questions raised. With respect to possible funding by the Province, the Director of Municipal Works indicated that the Ministry of Environment does have certain sources of money they can put towards investigation of former landfill sites, however he was not aware of any contributions made towards repairs or renovations necessary as a result of landfill sites which have closed down. At the request of Alderman Sobol, the Director of Municipal Works indicated that he would check into the possibility of Provincial funding. Alderman Schisler was critical of the fact the problem had existed for so many years, and the consultant had not solved the methane gas problem as yet. Alderman Puttick felt that another system would have worked more effectively to eliminate the problem. The Alderman stated that the consultant had indicated the original proposal would solve the problem, and the methane gas had continued to be a problem over the years. The Director of Municipal Works stated that when the study was originally undertaken, there were works instslled in the ground and a system installed along the east side of Houck Park. The City also entered into an agreement with the owner of the apartment building to have stacks go up the side of the building and if that did not work, a pumping fan system would be installed. The fan system had not been installed, and the Director of Municipal Works feIt the City was getting away cheaply with the proposal for the Legion building. Following further comment, it was moved by Alderman Chessman, seconded by Alderman Fera, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cummings, Dilts, Fera, Graaskamp, Merrett, Sobol and Mackenzie. NAY~E| Aldermen Puttick and Schisler. The report dealing with the Calaguiro Estates Subdivision was moved forward for consideration at this time. REPORT No. 616 - City Manager - Re: Calaguiro Estates Subdivision Revised Plan, File No. 26T-79021. The report recommends approval of the revised plan for the proposed Calaguiro Estates Subdivision, said revision dated September 15, 1980, subject to four conditions, and that the Regional Municipality of Niagara be advised of the City's approval of the revised plan. The Director of Municipal Works provided additional information regarding servicing of the subdivision, in response to several questions raised by Alderman Graaskamp. ORDERED on the motion of Alderm~u Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. i CO~UNICATIONS No. 217 - Mr. F. DeLuca - Re: Ku Klux Klan. The communication requests that the City consider passing a by-law to restrict the license of the Ku Klux Klan ~o operate in the City. I ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the fasts communication be referred to the City Clerk for a report. Carried Unanimously. -6- No. 218 - Walker Brothers Quarries Limited - Re: Solid Waste Disposal Operati0~ The communication indicates that no evidence of illegal operations have been produced to support claims and comments made publicly, and that the solid waste disposal site will continue to be operated under the guidelines and policies 0f the Ministry of the Environment. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the communication be received and filed. Carried Unanimously. NOTE: Alderman Fera was absent when the vote was taken on this matter. No. 219 - Slovak, Sinclair & Crowe - Re: R. Redekop in Trust, Mount Forest II. The communication requests that Council permit the servicing of Woodgate Streel in the subject subdivision. The City Clerk indicated that the solicitor for the applicant had request~ that the matter be withdrawn. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be withdrawn. Carried Unanimously. NOTE: Alderman Fera was absent when the vote was taken on this matter. No. 220 - Operation Clean Niagara - Re: Request for Financial Assistance. The communication requests assistance financially in continuing to oppose the S.C.~ Chemical Waste Services. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the communication be referred to the Finance Committee. Carried Unanimously. No. 221 - Downtown Board of Management - Re: Extension of St. Lawrence Avenoe. The communication advises that the Board feels no further consideration should be given to extending St. Lawrence Avenue between Park Street and Bridge Stree! OP~ERED on the motion of Alderman Cummings, seconded by Alderman Chessman, thsz the communication be received and filed. Carried Unanimously. No. 222 - Mr. M. Mango - Re: Drainage Problem. The com,u~iilcation requests assistance in resolving a drainage problem at the corner of Summer Street and Lowell Avenue. The Director of Municipal Works provided additional information regarding the City owned property f~om which the run-off water was originating. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, the Director of Municipal Works be authorized to investigate and rectify the problem as soon as possible. Carried Unanimously. I REPORTS No. 617 - Planning Director - Re: Planning Information Pamphlets. The report advises that information brochures have been prepared as a means of informing the public about Zoning By-law and Official Plan matters and how development applications are made. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fare, that the report be received and filed. Carried Unanimously. No. 618 - Planning Director - Re: By-law 79-200, Objection ~128, M. Wetherup,' South Side of Morrison Street opposite Towers Plaza. The report recommends that Council authorize an amendment to By-law 79-200 as it affects the 1.26 acre parcel owned by the Objector in order to: (a) change the applicable to Light Industry (LI) and (b) add a special provision under Section 19 so as to permit a maximum of 900 square mettea (10,000 sq.ft.) of office building. ORDERED on the marion of Alderman Merrett, seconded by Alderma~ Dilts, that report be received and adopted. Carried Unanimously. No. 619 - City Manager - Re: Official Plan Amendment No. 118 - Proposed Modifications by the Ministry of the Environment. The report recommends: 1) That Council accept the staff recommendation of discouraging site specific statements in the Official Plan such as the one proposed for Official Plan Amendment No. 118; and 2) That in the event the resolution of this matter through discussions with Provincial staff results in further delays with respect to the approval of Amendment No. llg, Council reluctantly approve of the proposed modification. Alderman Grasskemp felt that the use of site specific statements in the Official Plan was acceptable, and, he did not agree with the staff recommendat! - 7 - to discourage such statements in the Official Plan. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Graaskamp voting contrary, and all others voting in favour~ The report regarding Dedication of Road Widening through Site Plan Control was deleted from the agenda. NOTE: Alderman Merrett retired from the meeting. No. 620 - C_!ity Manae~ _ Re: Proposed Closing and Sale of the Westerly 33 Ft. of Smith Avenue. The report recommends that Council hear any person who claims his land will be Prejudicially affected by the by-law to stop up and close and to authorize the sale of the westerly 33 ft. of Smith Avenue on R.P. No. 139 for the former Township of Stamford, and passage of the by-law subject to there being no valid objections. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. Seejy-law No. 80-22? No. 621 - City Manager - Re: Lot 3, Falls Industrial Park Extension. The report " recommends'that City ~ouncil approve the sale of Lot 3, Plan M-67 to William Keith Lumley at a purchase price of $24,800, and that Mr. Lumley enter into an agreement of purchase and sale for the acquisition of the property with a closing date of March 31, 1981. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 622 - City Manager - Re: Falls Industrial Park Extension, Lot 1.3, Plan M-67. The report recommends passage of a by-law to authorize an agreement between the City and Antiryes Kalaycioglu and Abraham Aghamanoukian providing for the extension of the date to May 31, 1981 for commencement of construction of a building on Lot 13, Falls Industrial Park Extension. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law No. 80-223 .No. 623 - City Manager - Re: Lot 47, Falls Industrial Park. The report recommends approval of an extension to the Request for Reserve from Juergen Phtlipp (Canada) Inc. until February 13, 1981 on Lot 47, Plan 243. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. No. 624 - City Manager - Re: Exchange of Land between the City and Greater Niagara Transit Commission. The report recommends passage of a by-law to amend By-law 80-203, being a by-law to authorize an exchange of lands with the Greater Niagara Transit Commission. ORDERED on the motion of Alderman Fare, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. See By-law No. 80-224 No. 625 - City Manager - Re: Valley Way West Subdivision. The report recommends that the Subdivisions Branch of the Ministry of Housing be advised that the City concurs with a six month extension of draft plan approval to May 16, 1981, in respect to the proposed Valley Way West Subdivision. ORDERED on the motion of Alderman Cummings, seconded by Alderman Grasskemp, that the report be received and adopted. Carried Unanimously. No. 626 - City Manager - Re: Armstrong Cable TV Crossing Meadowvale Subdivision Park. The report recommends that the request of Armstrong Communications Ltd. to install a buried cable approximately 1 metre parallel to the west property line of the Meadowvale Park on City park property be approved. The Director of Municipal Works provided additional ieformation regarding the installation in response to a number of questions raised. ORDERED on the motion of Alderman Sobol, seconded by Aldermarx Fete, that the report be received and adopted. Carried Unanimously. No. 627 - City Manager - Re: Meadowvale Extension Subdivision, Placement of Ease Amphalt, Contract R.C. 18-80. The report recommends that Council approve the action taken by staff with respect to the request of Herman Damore Builders Ltd. to place base asphalt in the above noted subdivision at the unit prices -8- negotiated with the firm of Steed and Evans Limited. ORDERED on the motion of Alderman Fete, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 628 - City Manager - Re: Obstruction in Lyons Creek. The report provides infornmtion on the investigation of blockages of Lyons Creek in some areas. Alderman Schisler provided additional information on the matter. ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. No. 629 - City Manager - Re: Demolition Tenders. The report recommends that Richard Collee Trucking be awarded the contract for demolition of two buildings in the Ryerson Park development and one building under Council approved Property Standards By-law 74-204. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See Resolution No. 'i No. 630 - City Manager - Re: Parking on Powell Avenue. The report reconunends that parking be prohibited at all times from Powell Avenue from its intersection with Ritchener Street to Roberrs Street. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 631 - City Manager - Re: Intersection Control. The report recommends the preparation of by-laws to allow the erection of a stop sign on Johnson Street at Addison Avenue and yield signs on Sinnicks Avenue at Mayfair Drive and Murie Street at Kister Road. ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 632 - City Manager - Re: Parking Lot Snow Plowing. The report recommends that parking lot snow plowing be awarded to various contractors as set out in a su~nnary of prices received. ORDERED on the motion of Alderman Chessman, seconded by Al~rman Cummings, that the report be received and adopted. Carried Unanimously. No. 633 - City Manager - Re: Building & Development Report for October, 1980. The report provides current ~ews relative to permit statistics and development proposals for the month of October, 1980. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that ~he report be received and filed. Carried Unanimously. No. 634 - Finance Committee - Re: Christmas Lighting on Queen Street. The report recommends that the cost of Christmas lighting on Queen Street be shard equally by the Downtown Board of Management and the C~ty of Niagara Falls up to a maximum amount of $3,500. Alderman theeamen provided additional information regarding the cost of the lighting. Alderman Fera indicated that he would not continue to vote in favour of this practice year after year. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilta, that the report be received and adopted. Carried Unanimously. No. 635 - Finance Committee - Re: Request from Mrs. D. Weatherill. The report recommends that no financial assistance be given by the City to Mrs. Weatherill for the students' participation in the Edinburgh Festival in August 1981. ORDERED on the motion of Alderman Cuunnings, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. No. 636 - Finance Committee - Re: Closin8 and Conveyance of Part of the Unope~ Road Allowance between Township Lots 5 and Gore Lots 3, 4 and 5 of the former Township of Stamford. The report recommends: 1) That part of the unopened road allowance between Township Lot 5 and Gore Lots 3, 4 and 5 of the former To~nshil of Stamford be stopped up and closed by by-law and conveyed to Lyane and Nuziat~ Pellegrino for the amount of $1,8751 and 2} That the Legal Department take the necessary steps to close the road allowance and complete the documentation for the ~ale. Alderman 8chieler felt the City should not sell the land for less than the price established in the Opinion of Value. Although the adjacent owner d~d pay taxes on the land, she also had the use of the land. Alderman puttick - 9 ~ pointed out that the City was under no obligation to sell the land for less than the appraised value, and stated that he was not in agreement with the recommendation to sell the property for half of this amount. Aldermen Chessman and Cummings pointed that there were extenuating circumstances involved in this particular case, the taxes paid over the year and the question of title. It was felt that a compromise would have to be made for these reasons. The Deputy Solicitor stated that it was open to the Council to decide the amount at which to sell the land, since there was no Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Cummings, that the report be received arid adopted. The motion was Defeated with the following vote: AY___~E: Aldermen Chessman and Cummings. NA~YE: Aldermen Dilts, Fera, Graaskamp, Puttick, Schisler and Sobol. NOTE: Alderman Mackenzie abstained from voting on a conflict of interest. It was then moved by Alderman Chessman, seconded by Alderman Dilts, that the report be referred back to the Finance Committee and the solicitor for the adjacent property owner given an opportunity to make a further submission at that time. Carried Unanimously. No. 637 - Loan Review Committee - Re: Applications for Assistance. The report reco~ends approval of seven applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 638 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer provided additional information regarding Cheques Nos. 8639, 8658, 8687, 8696, 8705, 8723,.8724, 8739, 8790, 8886, 8929 and 8990 in response to questions raised by Aldermen Cummings, Graaskamp, Puttick, Schisler and Sobol. Wlth respect to Cheques Nos. 8690, 8743, 8814 and 8827, the following explanations were provided by the City Treasurer: i) 8690 - For the purchase of fifteen picnic tables for the Parks Department; 2) 8743 and 8814 - Payment out of petty cash to the Arena Manager for the purchase of items to be sold at the arena concession stand; and 3) 8827 - For the purchase of two speakers for the Niagara Falls Memorial Arena. The following motions were passed with respect to these cheques: It was moved by Alderman Dilts, seconded by Alderman Cummings, that a report be prepared on revenues and expenditures for City Arenas, including the concessions. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Dilts, that an estimate be obtained from an acoustics expert on improving the sound system at the Niagara Falls Memorial Arena. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Sobol, that a report be prepared with respect to Cheque No. 8690 for the purchase of picnic tables. Carried Unanimously. It was then moved by Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. The motion Carried with Alderman Graaskamp voting contrary, and all others voting in favour. No. 639 - City Clerk - Re: Ratification of Committee of the Whole Decisions. The report recommends that the following actjan taken by Council at a recent Committee of the Whole meeting, be ratified: 1) Contract D.C. 1-79 - That the amount of liquidated damages payable by Damore Bros. Limited for not completing the contract within the specified period of time, be reduced from $19,000 (based on $500 par day for 38 days) te $1,200 (based on $100 per day for 12 days); and 2) Contract R.C. 25-78 - That payment of the liquidated damages c~inB by Damore Bros. Limited for not completing the contract within the specified period of time, estimated at $8,000 (based on $100 per day for 80 days) not be required. ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. ..... lO - 10 - No. 640 - City Manager - Re: Bus Bay - North Side of Huggins Street. The report recommends that Councilconsider the request by Niagara Transit to construct a bus bay on the north side of Huggins Street just west of Portage Road at an estimated cost of $2,640. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 78 - CHEESNAN - DILTS - RESOLVED that the tender submitted by Richard Collee Trucking for the demolition of three buildings, be accepted at the total price of $4,250.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 79 - CEEESMAN - FERA - RESOLVED that the petition for interim payment under the Public Transportation and Highway Improvement Act on expenditures made in the year 1980, dated November 14, 1980, be adopted as presented in the estimatef amount of $3,178,910.10; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-220 - A By-law to authorize an agreement with Niagara Falls Professional Fire Fighters, Local 528 of the International Association of Fire Fighters. No. 80-221 - A By-law respecting the improving and widening of part of Valley~ No. 80-222 - No. 80-223 - A By-law to stop up and close and to authorize the sale and conv,'-~ ante of part of Smith Avenue according to Re~Thtered Plan No. 139 for the former Township of Stamford. A By-law to authorize the execution of an agreement with Antiryes Kalaycioglu an~ Abraham Aghamanoukian respecting Lot 13 according to Registered Plan No. M-67 being the Falls Industrial Park Extension. No. 80-224 - A By-law to amend By-law No. 80-203, being a by-law to authorize exchange of lands with the Greater Niagara T~ansit Commission. No. 80-225 - A By-law to authorize an Right of the Province of Industry and Tourism. agreement with Her Majesty the Queen in Ontario as represented by the Minister ef No. 80-226 - A By-law to amend By-law Yield Right-of-way signs (Nlven Street) No. 6340 providing for the erection of at certain intersections in the Muuici No. 80-227 - A By-law to amend By-law No. 7531, being a by-law to provide for~ erection of atop signs at intersections. (Otter Street) No. 80-228 - A By-law to amend By-law No. 72-132, being a by-law to provide fox the use of parking meters on streets. (Kitchener Street) No. 80-229 - A By-law to provide monies for general purposes. Carried with Puttick and voting contrary on By-law 80-220 and others voting ORDERED on the motion of Aldennan Sobol, seconded by Alderman Fera, that the 'fol!~wiug by-laws be now read a second and third time: No. 80-220 - A By-law to authorize an agreement with Niagara Falls Fire Fighters, Local 528 of the International Association of FiFe Fighters. ..... Ii No. 80-221 - - 11 - A By-law respecting the improving and widening of part of Valley Way. No. 80-222 - No. 80-223 - No. 80-224 - No. 80-225 - A By-law to stop up and close and to authorize the sale and convey- ance of part of Smith Avenue according to Registered Plan No. 139 for the former Township of Stamford. A By-law to authorize the execution of an agreement with Antiryas Kalaycioglu and Abraham Aghamanoukian respecting Lot 13 according to Registered Plan No. M-67 being the Falls Industrial Park Extension. A By-law to amend By-law No. 80-203, being a by-law to authorize an exchange of lands with the Greater Niagara Transit Commission. A By-law to authorize an agreement with Her M~jesty the Queen in Right of the Province of Ontario as represented by the Minister of Industry and Tourism. No. 80-226 - A By-law to amend By-law No. 6340 providing for the erection of yield right-of-way signs at certain intersections in the municipality. (Niven Street) No. 80-227 No. 80-228 No. 80-229 A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Otter Street) A By-law to amend By-law No. 72-132, being a by-law to provide for the use of parking meters on streets. (Kitchener Street) A By-law to provide monies for general purposes. Carried with Aldermen Puttick, and Schisler voting contrary on By-law 80-220 and all others voting in favour. NEW BUSINESS LIQUOR LICENCES FOR FAST FOOD OUTLETS In response to a question raised by Alderman Graaskamp, the City Clerk advised that the Social Planning Council has established a special committee to study the advisability of having liquor licences in fast food outlets, and the committee hopes to submit a report within a few weeks. COMMENTS OF MAYOR THOMSON Mayor Thomson extended a welcome to the members-elect of City Council, Mrs, Paisley Janvary, Mr. Norm Baker, Miss Judy Orr, Mr. Vince Kerrio Jr. and Mr. Tom Somerville. The Mayor also thanked those members of Council who would not be serving on the 1981-82 Council for their contribotions. Mayor Thomson 'expressed his appreciation to Regional Councillor Mitchelson for his work on behalf of the City for many years, noting that Mr, Mitchelson would not be returning to public office in the next term. It was moved by Alderman Chessman, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ ANDADOPTED, J.L. COLLINSON, CITY MaYOR WAYNE THOMSON FORTY-FIRST ~fEETING Committee Room #1 November 21, 1980 COMMITTEE OFT HE WHOLE Council met on Friday, November 21, 1980 at 7:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Merrett, Puttick, Schisler and Mackenzie. Alderman Orr presided as Chairman. Following consideration of the items presented, it was moved by Alderman Fera, seconded by Alderman Cheesman, that the Committee of the Whole arise and report during formal session. Carried Unanimously. READ AND ADOPTED, Council Chambers November 21, 1980 Council met on Friday, November 21, 1980 at 8:00 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Merrett, Puttick, Schisler and Mackenzie. His; Worship, Mayor Thomson presided as Chairman, and offered the Opening Prayer. REPORTS No. 641 - City Manager - Re: Closed Circuit Telecast of Duran/Leonard Fight. The report recommends passage of a by-law to authorize an agreement with 458143 Ontario Inc. for the purpose of holding the closed circuit television ahowing of the Sugar Ray Leonard/Roberto Duran World Welterweight Championship Fight on Tuesday, November 25, 1980 at the Niagara Falls Memorial Arena. In response to a question raised by AIderman Cummings, the City Manager advised that the original financial backer for the event, Mr. St. Louis, had not been able to proceed for a number of reasons. The cost to obtain coverage had increased from the $15,000 charged for the Ali/Holmes fight to $32,500 for the subject event, and Mr. St. Louis had not as yet received his share of the insurance benefits to be paid as a result of the equipment failure on the first fight. The City Manager further explained that Mr. McCarthy, of tILe numbered company was going to participate with Mr. St. Louis in the venture, and when :Mr. St. Louis withdrew, Mr. McCarthy had to make the decision whether or not to proceed on his own. The agreements had been drawn up and approved by those involved, and could be approved by Council. Alderman Cummings asked if the City was aware of the persons involved in the numbered company. The City Manager indicated that only Mr. McCarthy was involved. IORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See By-law No. 80-23_.0 No. 642 - City Manager - Re: Committee of Adjustment Application A-65/80, D. & S. Dicienzo, Colonial Inn Motel, 5591 Victoria Avenue at Walnut Street. The report advises that an application has bean made to the Committee of Adjustment for a 3 ateray addition to an existing 3 storey motel on Victoria Avenue at Walnut Street. ORDERED on the motion of Alderman Orr, seconded by Alderman Alderman Grasskemp, that the report be received and filed. Carried Unanimously. No. 643 - City Manager - Re: Niagara South Board of Educativn Preliminary Report of the School Organization Study Team - Proposed School Closings and Dispositions. The report recommends that the comments of the Planning staff and Recreation staff be passed on to the Niagara South Board of Education for consideration and further discussion, and further that the Board be encouraged to involve agencies such as the Social Planning Council by asking them for input on their proposals. -2- Mayor Thomson requested that copies of the report be sent to the individuals who had addressed Council previously on this matter. ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that the report be received and adopted. The. motion Carried with Aldermen Cheesman and Sobol abstaining on a conflict of interest, and all others voting in favour. No. 644 - City Manager - Re: Snow Removal Equipment - 1980-81 Winter Season. The report recommends that the hourly rental rates quoted on the basis of a 70 hour guaranteed minimum by Modern Crane Limited. for the supply of two one-way plows equipped with a wing and by J..Hutchinson Snow Removal for the supply of three 4-wheel drive vehicles equipped with plows be accepted. ORDERED on the motion of Alderman Dilts, seconded by Alderman Sobol, that the report be received and adopted. Carried Unanimously. No. 645 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. ORDERED on the motion of Alderman Orr, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. VERBAL REPORT - City Solicitor - Re: Transfer of Commercial Air Service to Pan-Air Helicopters Ltd. The City Solicitor indicated that he had contacted Mr. A. MacBain, M.P. regarding Council's desire to pursue the possibility of having the matter dealt with at a public hearing, and had been advised that the Minister of Transport felt he was not in a position to take any action as the Air Transport Committee had made its decision. According to the Licensing Division of the Ministry, there is an appeal to the Minister under Section 25 of The National Transportation Act, even in a situation where it is not a new licence but the transfer of an existing licence. The City Solicitor stated that if Council wished to pursue an appeal, the decision would have to be made now, since the thirty day period for appeal will expire prior to the next Council meeting. The City Solicitor also indicated that if Council chose to appeal the decision, two factors should be taken into consideration by the Council: 1) There is no guarantee that an appeal to the Minister would mean a public hearing would be held. The A.T.C. did not feel a public hearing was warranted, an~'~the Minister might be of the same opinion. The City Solicitor suggested that representation should be made at the political level to the Minister in this regard. 2) The Act provides that the Commission can award costs as a result of the proceedings. In the event the City were unsuccessful in its appeal, the costs could be awarded against the City. Alderman Cummings felt the City should proceed with an appeal, since it could be the last time there would be an opportunity for the City to protect the interests of the area residents. I In response to a question raised by Alderman Graaskamp, the City Solicitor stated that since the A.T.C. had not considered the City's position sufficient strong to warrant a hearing, the probability of success was limited. With respect to costs, the City Solicitor indicated that the costs could be in accordance with any scale the Commission directs. If they were on the basis of the Supreme Court scale, they could very well start at $10,000 or higher. In view of the information provided by the City Solicitor, Alderman Craaekamp felt the case was air-tight against the City, and it would be a waste of taxpayers' money to pursue the matter further. The Alderman felt the City was not in a position to be appealing the decision since the City was not involved in the transportation business itself. Alderman Chessman asked if the appeal were successful, if the City could assume that Pan-Air would lodge a counter suit against the City to try and recover lost interest. The City Solicitor felt that since the decision would be made by the Miniater the City would not be considered responsible, however the applicants could allege that the City had put them to unnecessary expense and coats could be awarded against the City. Mayor Thomson commented that if the City did not take any action, the Council would have to hear the complaints of the residents every summer without having any Jurisdiction to act. The Mayor felt the City should make this last ~ffort to deal with the matter. Alderman 8obol cor~nonted that it appeared the decision of the A.T.C. had been merely "rubber stamped" and nobody had been given an opportunity to to the transfer. -3 - Following further comment, it was moved by Alderman Cummings, seconded by Alderman Sobol, that the City lodge an appeal on the citizens' behalf. The motion Carried with the following vote: AYE: Aldermen Cummingg, Hinsperger, Orr, Sobol and Mayor Thomson. ~AY.__~E: Aldermen Cheesman, Dilts, Fera and Graaskamp. RESOLUTION No. 80 - FERA - CUMMINGS _ RESOLVED that Alderman Mary Sobol be appointed as Acting Mayor for the period of November 23rd - 30th, 1980; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~x No. 81 - GRAASKAMp _ CUMMINGS _ RESOLVED that a message of condolence be sent to the family of the late Mr. George Monaghan Jr., a loyal City employee and respected member of the community. AND the Seal of the Corporation be hereto affixed. ' Carried Unanimously RATIFICATION OF COMMITTEE OF THE WHOLE DECISION Report No. 646 - City Solicitor - Re: R.V. Anderson Associates Limited and Update of Storm S~wer Port~f~on~f 1968 Flood Control and Pollution Abatement. The report recommends that if Council accepts the recommendation of the Finance Committee and the Consultant agrees to accept the reconmended payment of the additional $24,000 over the contract price in full settlement, the following conditions be met: 1) Subject to verification of the invoices by the City's engineers that the Consultant be paid $11,890.76 on account of the unpaid invoices at this time; and 2) That the recommended additional payment of $24,000 be paid by the City upon receipt of the full grant from C.M.H.C. and the Consultant's completed report. Mr. J. Conlin of R.V. Anderson Associates Limited, was granted permission to address Council on the motion of Alderman Cheesman, seconded by Alderman Cummings. Mr. Conlin indicated that his firm was prepared to accept the decision of Council as it had been recommended, provided there was nothing to hold up receipt of the grant from C.M.H.C. Since payment was conditional upon receipt of the grant, Mr. Conlin felt his firm could accept the recommendation provided payment of the grant was not held up by third parties beyond the firm's control, such as the City or C.M.H.C. It was further stated that there would be no extra requests for payment assuming no extra work is required of the firm by the City. In response to a question raised by Mayor Thomson, Mr. Conlin stated that the City had required the Chippawa portion of the project to be carried out first. Once completed, the work was submitted to the City and the firm waited for a considerable time for comments to be received not only from the City but C.H.M.C. There were some differences of opinion about the terms of reference, however these were sorted out. Once the comments on the Chippawa portion of the work were received out, work commenced again. Mr. Conlin hoped that the final report would be completed in another three weeks. In response to a question raised by Alderman Cummings, Mr. Conlin stated that according to his staff, the City was aware the firm had slowed down and practically stopped work. Mr. Conlin commented that the City did not agree on this point, but the important thing was that work was proceeding and would be finished soon. The Director of Municipai Works stated that as far as the City was concerned, staff had not been aware of the slow-down. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Craaskamp, that the report be received and adopted. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Cununings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-230 - A By-law to authorize a license agreement with 458143 Ontario Inc. No. 80-231 - A By-law to authorize the execution of an agreement with Richard Collee Trucking and Excavating Ltd. for the demolition of buildings. -4- No. 80-232 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the following by-laws be now read a second and third time: No. 80-230 - A By-law to authorize a license agreement with 458143 Ontario Inc. No. 80-231 - A By-law to authorize the execution of an agreement with Richard Collee Trucking and Excavating Ltd. for the demolition of building~ No. 80-232 - A By-law to provide monies for general purposes. Carried Unanimousl~ NEW BUSINESS PROMOTION OF FIGHTS Mayor Thomson asked if it would be possible for a charitable or non-profit group to purchase the rights to the showing of an event such as a championship boxing match, on behalf of the City, so that any profits made would go to the group as opposed to private business individuals. The City Solicitor felt that if there was some other group able to come forward and get the rights without being connected with any particular promoter, he could not see any problem. The big difficulty would be for a charitable group to raise the amount of money required to purchase the rights from the Canadian promoter. Another problem would be the financial risk to the charitable group in the event of poor ticket sales. Mayor Thomson felt it would be advisable to have a report prepared on the matter. The City Solicitor suggested that the Promotions and Facilities Co-ordinator should be involved in any report the Legal Department would be preparing. It was moved by Alderman Cheesman, seconded by Alderman Orr, that a report be prepared on the possibility of having charitable groups'B~onsoring such events. Carried Unanimously. It was moved by Alderman Dilts, seconded by Alderman Sobol, that the meeting adjourn. Carried Unanimously. READ AND ADOPT , MAYOR WAYNE THOMSON ~IRST M~ETINq Council Chambers December 1, 1980 INAUGURAL MEETING In accordance with the provisions of The Municipal Act and By-law No. 7268 of the City of Niagara Falls, the Council met at 5:00 p.m. in the Council Chambers at City Hall. The Council included His Worship, Mayor Wayne Thomson, and Aldermen Norman Baker, Charles Chessman, Patrick Cummings, Donald Dilts, Anthony Fera, Paisley Janvary, Vince Kerrio Jr., Brian Merrett, Judy Orr, Norman Puttick, Harry Schisler and Thomas Somerville. All members of Council were present. The Statutory Declarations of Office and Qualifications were filed with the City Clerk when the Oaths of Office had been taken by His Honour Judge Johnstone Roberrs. It was then Ordered on the motion of Alderman Cheesman, seconded by Alderman Cummings, that a vote of thanks be extended to His Honour Judge Johnstone Roberts for administering the Oaths of Office to His Worship, Mayor Thomson and the members of Council. Carried Unanimously. Father Joseph O'Brien offered the following Prayer of Invocation: Most loving Father, the whole world is full of your glory, yet we live in a community extraordinarily blessed with signs of your beauty and strength. We commend this community to your merciful care, that we may follow your guidance and live in peace. Give to our Mayor and to the members of City Council of Niagara. Falls wisdom and strength to know and to do your holy will. Fill them with the love of truth, honesty and kindness. Make them always remember that they are your servants called to lead and serve this City for the good of all your people. We ask this, Father, through Jesus Christ our Lord, who lives and governs with you and the Holy Spirit, our God now and forever. Amen. Following the Invocation, it was Ordered on the motion of Alderman Dllts, seconded by Alderman Fera, that Father Joseph O'Brien, the Officiating Clergyman, be thanked for his presentation of the Prayer of Invocation and soliciting Divine Guidance for the 1981-82 Council. Carried Unanimously. His Worship, Mayor Wayne Thomson then delivered his Inaugural Address: Reverend Sir, Bonoured Guests, Members of Council and Friends: Welcome to the 1980 Inauguration Ceremony. I am very pleased and deeply honoured to again be part of the installation of the new Council and to be given the opportunity of serving our community as your Mayor for the next two years. Many thanks to those of you in attendance - your presence has added significance to the occasion. I wish that it were possible for all those who supported me during my campaign and during the last two ysars to be here in' person today to share this moment with me. During the next two weeks ceremonies similar to those held here this afternoon will be held in many municipalities throughout the Province of Ontario. In each case, the head of the municipality, in accepting office, will search for those remarks which will provide encouragegent, a challenge, and even a bit of inspirationto those assuming the reins of responsibility. I share their desire to have my comments be of a unique or refreshing nature and different from those used two years ago when I found myself in a similar situation. However in retrospect, I find that some of the remarks made in my previous Inaugural Address must be repeated~ as their importance has not in any way lessened. Before addressing those matters which are of concern to the incoming Council, I would like to express my personal appreciation to all those who supported me during the past two years and worked so hard during the recent election campaign. I am very grateful for this support and I would now ask -2- that your enthusiasm and interest be directed to supporting the new administration. I am also grateful to the electorate who again have expressed their confidence in me by re-electing me to office. The past election campaign was not without its notable "differences of opinion" - regardless of this I would like to thank all those who allowed their names to stand for office. Our democratic system is built upon the concept of providing the electorate with a choice of candidates. It would be unfortunate indeed if this opportunity to choose were not available. I know that I share the feelings of all the members of the incoming Council in expressing our thanks to the retiring members. The 1979-1980 Council made a major contribution to the development of our City and each of the retiring members can be Justly proud of his or her individual contribution. I wish you all the very best in all future endeavours. To the members of the incoming Council, may I solicit your participation in the team approach in running our City for the next term. I feel that the new Council is an excellent blend of youth and maturity and represents a good cross-section of our Municipality. In fact, it may be a bit unique in that it is the first municipal Council in our history (to my knowledge) having the benefit of two female members. During my previous Inaugural Address I dwelt rather heavily on the concept of working as a team. While I do not intend to repeat my previous remarks, I will continue to do everything in my power to foster this approach. My philosophy has not changed and I remain convinced that progress is best made when everyone is pulling in the same direction. The past two years have proved that a team effort was successful - now it is time to make full use of our potential. As individual Council members we have no authority; rather, it is only as a collective body that we are able to exercise the power granted to us by legislation. The decisions reached in this Chamber will continue to be a reflection of our consolidated opinions. To those of you who were successful at the polls, my~hcere congrat- ulations. I look forward to having you as members of our team, and to those who are assuming office for the first time, I welcome your iramediate participation. I am sure that the realization of your responsibilities in acting as a member of the board of directors of a 45-million dollar corporation may at first appear to be a bit overwhelming. It is quite a challenge but one I am confident we can successfully meet together. I am sure that each of us has certain objectives for the forthcoming term. We must first, however, determine how we see ourselves during the next term. As a Council, should we be content to assume a "housekeeping" role - passing accounts, doing the routines (which must be done)? Or conversely, should we be viewed as being prepared to institute new ideas - to be emovers and shakers"? The choice taken will determine how we will be remembered. Personally, I prefer the latter! I would hope that the current Council will be remembered as one with the courage to successfully implement imaginative ideas. In suggesting such an objective, one runs the risk of wanting to make change Just for change's sake or forgetting the statutory l!mttations that are imposed on a municipal corporation. It~s up to Council how it sees itself as the policy maker of the Corporation. In trying to ~etermine objectives, we must be very careful not to suggest those which are premature and unrealistic. There are, however, certain matters which must be considered immediately by Council. The fact that considerable was accomplished during the past term is insufficieut reason to now mark time. gelf-examination and improvement. must be an on-going process both with Council itself and the administration. May I Suggest a few matters which I feel deserve our immediate attention. With the implementation of Regional Government in 1970, a unique ward system was devised for the Municipality for the election of aldermenlo representatives - one that has worked quite well. It was intended to and has provided a guarantee that the residents of all areas of the enlarged City would be adequately represented. Considerable interest was generated 'during the past few years as to the possibility of decreasing the size of the Council. The new Co~ncil should imediatcly undertake a review of both matters - that is, the present ward system and the number of representatives ~n enunctl in order to determine a future course of action, if any is to be taken. After a decade in operation, a complete review of our method of representation and a final decision appear to be in order. - 3 - During the current month, it will be necessary for Council to consider aldermanic aPPointments. Unfortunately, during the past ~j~_%~.~ml~l,~Z~ of certain issue demands upon a certain number the aPPointments be more evenly onerous. the workload imposed on any single alderman will Of the many matters affecting ratepayers in general, the level of taxation deserves a high priority. We, as Council, would be most unrealistic and perhaps a bit irresponsible if we were to suggest that no tax increases would be forthcoming. I am convinced, however, that it is well within our ability to minimize any increases. It is incumbent upon each member of Council to examine all expenditures in order that Priorities may be continually revised. We in the City now find ourselves in a "no-growth" situation which I feel is not necessarily detrimental. Instead of constantly expanding services, it may now be possible with the same manpower and dollars to improve existing services without a corresponding increase in the tax demands. For example, it may be possible to enlarge and improve those sanitary and storm sewers which have become antiquated and cause flooding problems. I remain convinced there are still many areas where the Municipality can achieve greater efficiency. Several aldermen have already alluded to the Joint use or a reduction in the number of City vehicles as one area where potential savings are possible. One of the matters to be considered early in the new term is the possibility of establishing a Public Works Committee. An earlier decision made two years ago to establish a Finance Committee has worked quite well and I believe that similar successes can be achieved with those complex matters falling within the Jurisdiction of public works. If the new Council decides to establish such a committee, one of the first items that could be considered is the possibility of relieving the Municipality of certain costly functions which could possibly be handled as efficiently by the private sector. For example: should the responsibility for the design and construction of services be shifted to the private sector, subject to the work receiving the City's approval? A complete re-examination of our present procedure is certainly warranted. The Municipality might also consider possible negotiations with the Niagara Parks Commission regarding their assumption of complete responsibility for River Road. For the past number of years, particularly since the Love Canal episode in our neighbouring City, there has been an increasing and warranted importance placed on those matters affecting our environment. While the initial Jurisdiction for these matters rests with the Province, I feel that the Municipality must become actively involved with these issues. We at the local level are closest to the residents of our area and we must be prepared to speak on their behalf and support them on matters of such importance as our environment. As mentioned on numerous occasions, I feel there are many areas in which the Municipality must actively participate. For example, I have suggested to the Niagara Resort & Tourist Association that they implement a code of ethics. While the complaints received regarding the hospitality shown by our Municipality are minimal, every effort should be made to improve the image of the "World~s Best Known Address". To assist the tourist industry, I will continue to press the Provincial Government to provide that the sales tax derived from the tourist industry be returned for tourist promotion. We live in a rapidly changing society and these changes must be reflected in our priorities. I mentioned earlier that the growth in Population for the past year was minimal. A check of statistics illustrates what has happened. In 1970, 8.72% of the total population of the City was 65 years of age or older. In 1980, which reflected a population increase of 4 persons over the previous year, we now find that 11.38~ of the population is now over the 65 age bracket. Obviously this shift will require a re-examination of such matters ad adequate senior citizen housing. Because of the drop in the birth rate, we must exercise caution in the overbuilding of recreational facilities knowing that the full impact of change will be felt in a few years. Our school system is presently feeling the effect of these changes and every effort must ba made to maximize the use of municipal facilities, knowing that future demands upon them will probably moderate.~ -4- During my past team of office, I placed a very high priority on keeping the electorate fully informed on all matters and I intend to continue this practice. It is hoped that oer service to the public in providing information will be strengthened through a public information bureau operated through the City Clerk's Department. I would like to solicit the co-operation of the Regional Councillors in the many matters affecting our City. I realize the difficult situation that often arises and the feeling at times of trying to serve two masters. These are areas where a decision is difficult. One such area is the need to preserve the B.I.G. Agency. Until the Province enacts legislation to remove any benefits which might accrue to municipalities having industries, each municipality must remain in a competitive position. I cannot speak of the Region without expressing our thanks to Mr. Ed Mitchelson, dean of our elected representatives, who decided to retire from active politics. His contribution to this Municipality and to the cause of local government in Ontario will not be easily matched. Thank you very much, Ed, for your excellent contribution. There are many other matters which deserve the Council's inmediate consideration such as the continued support and strengthening of our established business areas. In this respect, relief from parking requirements and the location of supporting residential facilities are Just two examples of the factors which must be studied. I have also contacted the student bodies of our secondary schools to again examine the possibility of establishing a youth council in order that our decisions may reflect the opinions of all age groups. Several years ago, the City established a committee to investigate the possibility of having the Province build new court facilities to complete the complex initially proposed for the Queen/Huron area. Unfortunately, because of curtailment on Provincial funding, the committee was allowed to become dormant. Present demands upon existing court facilities in Niagara Falls have become alarming, requiring an over-increasing use of ~tky Hall facilities to handle the overflow. I would suggest that the court house committee be re-activated as soon as possible in order that a full presentation be made to the Province on the need for new Provincial Court facilities in our area. During the next two years, we as a Council will continue to depend heavily upon municipal staff. If we consider ourselves to be the policy makers of the municipality, those policies we formnlate will be meaningless unless and until they are implemented..It is often the mahner in which policies are carried out that forms the basis on which we and our entire administration are Judged. The secretary, the snow plough operator, the arena attendant, the fire fighter, the refuse collector, together with many others, are the people who, in co-operation with us, can make it work. I would personally like to convey my thanks to all members of staff for their co-operation during my first term of office and I solicit their continued support. In the recent election campaign, I repeatedly stated that our City is on the right track. I used the phrase because I believe it to be true. We are on the right track because teamwork works| We live in a great City - I am proud to be associated with it and I hope that every resident of our City will share that pride. The foregoing comments are but a few of the ideas which, in my opinion, are of importance and should be shared with the members of Council and the electorate. I know each of you will have your own and I ask that you share them as well. Now in closing, as we enter the festive season, may I take this opportunity to convey my best wishes for a most meaningful and blessed Christmas and a New Year filled with good health, happiness and prosperity. ****** Following presentation of the Inaugural Address by His Worship, Mayor Thomson, it was Ordered on the motion of Alderman Marrett, seconded Alderman ~uttick, that the Mayor's Inaugural Address be included in minutes of the meeting. Carried Unanimously. -5- ADJOURNMENT ORDERED on the motion of Alderman Schisler, seconded by Alderman Janvary, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON l! SECOND MEETING Committee Room #1 December 8, 1980 COMMITTEE OF THE WHOLE Council met on Monday, December 8, 1980 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Puttick. Alderman Chessman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, CITY CLERK }L~YOR WAYNE THOMSON Council Chambers December 8, 1980 Council met on Monday, December 8, 1980 at 7:35 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Puttick. His Worship, Mayor Thomson presided as Chairman. Alderman Cheesman offered the Opening Prayer. PRESENTATION His Worship, Mayor Thomson and Acting Superintendent R. Gillies of the Niagara Regional Police presented the Royal Canadian Humane Association Bronze Medal for Bravery to Mr. Peter White. Mr. White, an employee of Frank Fiore & Son Salvage, was instrumental in saving the life of Mr. Mike Melymuka when he was set on fire while transferring gasoline to an underground storage from his truck. Mr. White wrapped Mr. Melymuka in a blanket and threw him to the ground to put out the fire. Mayor Thomson and Acting Superintendent Gillies commended Mr. White for his presence of mind and fast action in assisting Mr. Melymuka. UNFINISHED BUSINESS NIAGARA SOUTH SCHOOL REORGANIZATION PROPOSALS Report No. 1 - City Manager - The report advises that the Niagara South Board of Education is in the process of considering written submissions and the verbal presentations and revised proposals will be prepared within a few weeks. There will be two Board meetings at which the revised proposals will be considered and these meetings will be open to the public. AND "Con~nunication No. 1 - Niagara South Board of Education - The communication advises that the date for final decision-making regarding school reorganization has been extended into the new year. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report and communication be received and filed. Carried Unanimously. COLLECTION OF CARDBOARD IN THE DOWNTOWN BUSINESS AREA Report No. 2 - City Manager - ~e report recommends that the City continue to collect cardboard wastes as part of the normal waste stream in the downtown business area until an alternative method of collection and disposal is found, and further that staff proceed with evaluating the feasibility of either partial or complete elimination of waste cardboard from the City's waste stream by utilizing the services of N-Tec. Alderman Cummings felt that the Landfill Site Committee should make this a priority item and make every attempt to preserve the life of the Landfill Site as soon as possible. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. 2 AGREEMENT WITH T.G. BRIGHT & COMPAN~ LTD. Report No. 3 - City Manager - The report recommends that City Council request the Regional Municipality of Niagara to provide notice in writing that the Regional Council has decided not to locate the proposed Regional Headquarters building on a site owned by T.G. Bright & Company Limited, and located in Parts of Township Lots 27 and 14 of the said former Township of Stamford, now in the City of Niagara Falis. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. COMMUNICATION FROM ME. FELIX DELUCA - KU KLUX KLAN Report No. 4 - City Manager - The report recommends that the Council of the City of Niagara Falls support a resolution initiated by the City of Kitchener for certain amendments to the Criminal Code to provide that a person would be guilty of an offence for being a member of an organization where the sole or primary purpose of such an organization was to harass or intimidate any person or groups on the grounds of race. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. POSSIBLE PURCHASE OF OLD POLICE BUILDING Report No. 5 - City Manager - The report recommends that the Mayor and Clerk be authorized to complete a mutual release form releasing the Niagara Falls Regional Real Estate Association from any claims arising from the submission to the City of Agreements of Purchase and Sale, said agreements dated October lOth and October 29th, 1980, covering the possible purchase of the old Police Building. In response to a question raised by Alderman Cummings, the City Clerk indicated that he has been in contact with persons who had expressed an interest in the building recently and in the past to advise that the building would be for sale again. The City Clerk also advised that the deposit paid by the Real Estate Association would be refunded, sin~'~he purchase had been sabJect to ratification by the membership. ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. MOUNT FO.REST II SUBDIVISION Communication No. 219 - Mr. B. Sinclair - The communication requests that Council permit the servicing of Woodgate Street in the subject subdivision. Mayor Thomson indicated that the applicant had requested the matter to be tabled for one week. ORDERED on the motion of Alderman Fore, seconded by Alderman Schisler, that the communication be tabled for one week. Carried Unanimously. DRAINAGE COMPLAINT - MRS. S. RODGERS, 6763 WILINGER STREET Report No. 6 - Drainage Committee - The report recommends that no further action be taken by the City on the drainage complaint received from Mrs. Rodgets, and that a copy of the report be sent to Mrs. Rodgets. Alderman Dilts provided additional information on the report. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 1 - Land Division Committee - Re: Appointment of Mr. P. Pasquet as Cha~m~:~ The communication advises that Mr. P. Pasquet of Niagara Falls has been appoint Chairman of the Committee for the 1981 term. i d e d f u Mr. Pasquet. Carried Unanimously. No. 2 - Regional Municipality of Niagara - Re: 1980 Assessed Population Data. The communication provides information on the 1980 assessed population, including Regional population change from 1979-80, Regional population change in the 1970'8 and recent changes in the age structure of the Regional populstt ORDERED on the motion of Alderman Fare, seconded by Alderman Dilts, that the communication be received and filed. Carried Unanimously. - 3 - No. 3 - RJgional Muni~ipa~itj of Niagara - Re: Ontario Industrial Park Program Loan. The communication provides inform~ation covering an application to the Ministry of Industry and Tourism by the City of Port Colborne for a loan under the Ontario Industrial Parks Loan Program. Mayor Thomson expressed concern that this type of program was in effect particularly since the City had purchased industrial lands several months earlier. The City Manager explained that the loan program had been existence for some time, however it only applied to eastern and northern Ontario. The City Manager further explained that he and the Industrial Commissioner of the B-I.G. Agency would be preparing a report on the availability of funds under the program. Alderman Cummings suggested that some communication be made with Port Colborne officials to determine how they had learned of the Program, and whether they were privileged to some information City staff was not. ~yor Thomson suggested that the report provide an indication of how long the Program had been in effect for municipalities in this area. ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the communication be received and filed, and further that a report be prepared on the availability of monies under the Ontario Industrial Park Loan Program. Carried Unanimously. No. 4 - City of Thorold - Re: Walker Brothers Ouarryo The communication requests that Council consider a proposal for ~ cost sharing team at any possible up-coming environmental hearing. Mayor Thomson felt that the request was somewhat out-dated due to the decision made by the Province to locate the proposed liquid waste disposal facility in Cayuga. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that the request of Thorold for the City to participate in a cost sharing, arrange- ment be held in abeyance and considered if and when an environmental hearing is held with respect to the Walker Bros. site. Carried Unanimously. No. 5 - Regional Municipality of Niagara - Re: Roof Repairs - Dorchester Manor. The communication requests that the Region not be required to apply and pay for a building permit to carry out roof repairs at Dorchester Manor in Niagara Falls. Alderman Cummings pointed out that he had seen people on the roof of the building earlier that day even though no permit had been issued. Mayor Thomson suggested that the Region might be trying to get the work completed before the weather became worse. In response to a question raised by Alderman Merrett, the City Manager stated that the Federal and Provincial governments do obtain a permit when required. The Alderman stated that if the City is charging the Province, the Federal Government and any taxpayer applying for a permit, there was no way the Region could be exempted. The Deputy Solicitor stated that under the Building Code Act, construction of buildings requires a permit, and construction includes repair or substantial material alteration. The repairs that are being undertaken by the Region are of a substantial nature, costing in the area of $358,500, and for that reason --a permit is required. The City's By-law states that a fee is charged for a permit, and if a permit is required, a fee has to be paid. Alderman Cheesman pointed out that if the construction is going to take place, inspections will be required, and there will be a cost to the City involved. In response to a question raised by Alderman Cummings, the Director of Municipal Works indicated that he was not aware of any similar situations where a Regional permit involved a fee. The City Manager indicated that even when the City required a building permit, the fee is paid in accordance with the by-law. ORDERED on the motion of Alderman Kettle, seconded by Alderman err, that the ReEional Municipality of Niagara be advised that a building permit and payment for same will be required for the roof repairs to Dorchester Manor. Caxried Unanimously. No. 6 - Committee Against Rape and Sexual Assault - Re: Raffle Lottery Permit. The communication requests that permission.be granted to sell raffle tickets -4- in Niagara Falls under a Welland Raffle Lottery Licerice. AND No. 7 - Kinsmen Club of Fonthill and District - Re: Ontario Lottery Licerice. The connnunication requests permission to sell 500 to 750 raffle lottery tickets in Niagara Falls under a Provincial Lottery Licence. In response to a question raised by Alderman Cunnnings, the Deputy City Clerk explained that the City's policy on out-of-town groups related to the granting of licences, whereas the requests were for permission to sell tickets in Niagara Falls. In the case of C.A.R.S.A., the local chapter would benefit from the lottery and are in favour of the Welland group selling tickets locally. In the second request, the local Kinsmen will not benefit from the lottery, but are not opposed to the sale of tickets locally. Alderman Cummings pointed out that in the past, some clubs have had problems getting'into other municipalities because only local clubs could have raffles or sell tickets unless the out-of-town group was sponsored by a local club or there would be somelocal benefit as a result of the raffle. The Alderman hoped other municipalities in the Region would co-operate when Niagara Falls groups made similar requests. Alderman Chessman suggested that the City adopt a policy whereby any approval granted would be on the understanding that the corresponding local organization would endorse the lottery, to ensure local groups are not in competition with out-of-town organizations. Alderman Cummings pointed out that such a policy could lead to problems with out-of-town groups using local organizations as a front to raise funds to be used in another area. The Alderman felt that any such policy should be referred to the monitoring committee set up to review such matters. Following further comment, it was moved by Alderman Fera, seconded by Alderman Cummings, that the requests be approved. Carried Unanimously. No. 8 - Association of Municipalities of Ontario - Re: Seminars for Newly Elected Councillors. The communication advises that a series of workshops has been arranged in order that newly-elected municipal representatives can obtain an overview of the many aspects of local government.~ Alderman Herrerr indicated that he had artended this seminar previously, and recommended it highly to the new members of Council. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that all newly elected and any other members of Council be encouraged to attend the seminar to be held in St. Catharines on March 13th and 14th, and that the Municipality assume the registration fee. Carried Unanimously. REPORTS No. 7 - City Manager - Re: Dedication of Road Widening Site Plan Control. The report recommends adoption of a policy with respect to the provision of land for road widening, free of charge, as a condition of approval of plans for developments in site plan control areas, and that the Regional Municipality of Niagara be requested to endorse this policy as it relates to Regional roads. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 8 - City Clerk - Re: AM-11/79, Restricted Area By-law 79-154, and Official Plan Amendment No. 108, Romeo Construction Ltd. The report advises that the Ontario Municipal Board will.~approve Official Plan Amendment No. 108 in its present form and By-law No. 79-154 if Council passes an amending by-law to provide for certain conditions."' Mayor Thomson pointed out that in the Board's decision, the comment was made that objections should be more specific and idle objections will not be conside~ed seriously. Alderman Gheesman felt that the decision would mean "open season" for River Road and the only way to prevent indiscriminate development is for the City to come up with a plan for the area. The Planning Director indicated that it was intended to have a report on planning for the River Road area submitted to Council in mid January. Alderman Merrett suggested that any repor~ on the River Road area should not be finalized until the traffic, parking and touriam study is completed and can be tied in. ORDERED on the motion of Alderman Fete, seconded by Alderman Cummings, that thereport be received and filed. Carried Unanimously. - 5 - No. 9 - City Manaege~r _ Re: AM-25/79 R.M The report recommends Passage of a ~y-la~ Cushing, 5633 Dorchester Road. in Place of By-law No. 79-194 as directed by the Ontario Municipal Board decision on April 8, 1980. The City Clerk indicated that the report should be withdrawn. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings that the report be withdrawn. Carried Unanimously. , No. 10 '~er - Re: Possible Appeal of Land Severances B-460/80 and B-461/80, BolusLRevelas_Bolus Limited. The report recommends that staff be authorized to appeal to the Ontario Municipal Board the decision of the Land Division Committee on the subject aPPlications, and further that lodging of the appeal be held off until the last date (December 18, 1980) in order to allow the applicants an opportunity to enter into an agreement with the City. If an agreement is reached, the appeal would not be lodged. ORDERED on the motion of Alderman Schisler, seconded by Alderman Somerville, that the report be received and adopted. Carried UnanimouslZ' No. 11 -Ci~ Manager - Re: Request of A. Seifried Builders Ltd. to Repeal By-law 80-65, Being a By-law Exempting Certain Lands from Part Lot Control and a Further Request to Terminate the Agreement Authorized by By-law 80-64. The report recommends approval of a request as contained in a letter dated October 28, 1980 from R.J. Ure, and that a by-law be Prepared to repeal By-law 80-65, being a by-law to designate Lots 20 to 28 inclusive, Plan M-52 not to be subject to part lot control, and a further by-law be prepared to authorize the termination of the agreement with A. Seifried Builders Ltd. ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 12 - City Manager - Re: Renewal of Lease - Ministry of Government Services, Provincial Court Facilities, 4300 Queen street. The report recommends that the Mayor and Clerk be authorized to execute an offer to renew a lease for a period of one year from January 1, 1981, for the premises known as 4300 Queen Street (the old City Hall) at a yearly amount of $58,186.75 yearly payable $4,848.90 monthly in advance. The Mayor and City Manager provided additional information in response to a number of questions raised. Alderman Cummings suggested that since the building is one of the largest in the Downtown area, staff'should investigate future use of the building. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 13 - City Manager - Re: Update of Need and Demand for Rent Assisted Housing. The report recommends that the Ministry of Housing be requested to carry out a "Need and Demand Survey" in Niagara Falls for rent assisted housing bothfor Family and Senior Citizen units. The Planning Director provided additional information on the matter. Alderman Cummings suggested that a copy of the report be forwarded to the Social Planning Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. -.No. 14 - City Manager - Re: Fruitbelt Trucking Inc. The report recommends passage of by-laws to amend By-law 80-66 being a by-law to authorize the acceptance of a conveyance and to lay out and establish lands as Fruitbelt Parkway, and to authorize the execution of a grant of easement to Fruitbelt Trucking Inc. ORDERED on the motion of Alderman Fete, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See By-laws 80-233 and 80-234 No. 15 - City Manager - Re: Encroachment - 4942 Kitchener Street. The report recommends approval of an application and passage of a by-law to permit the continuation of an encroachment of a dwelling on the Kitchener Street road allowance. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Schisler~ that the report be received and adopted. Carried Unanimously. See By-law No. 80-23~ m 6 No. 16 - City Manager - Re: Request of 311813 Ontario Limited to Encroach on the Ontario Avenue Road Allowance and to Purchase One-Half of the Public Laneway Adjacent to Lots 146, 147 and 148, Plan 294. The report recon~nends passage of by-laws authorizing certain encroachmeats on the Ontario Avenue road allowance and to authorize an application for the closing and sale of one-half, or 7~ feet of a municipal laneway immediately adjoining Lots 146, 147 and 148, Plan 294. ORDERED on the motion of Alderman Marrat,, seconded by Alderman Fare, that the report be received and adopted. Carried Unanimously.. See By-laws 80-236 and 80-237 No. 17 - City Manager - Re: Purchase of Lawn Mowers. The report recommends that the quotation of Pinder's Lawn & Leisure for the supply of ten 1981 Model Super Commercial and six 1981 Model Heavy Duty lawn mowers be accepted. The Projects & Services Engineer provided additional information on the report in response to a question raised by Alderman Orr. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See Resolution No.l No. 18 - City Manager - Re: Supply of Clay Seal - Mountain Road Sanitary Landfill Site. The report recommends that subject to the Minister of Housing clearing the Development Permit applied for by Gauld Nurseries Limited, the City of Niagara Falls enter into an agreement with Gauld Nurseries Limited for the purpose of permitting the removal of clay from this company's property on the west side of Garner Road and the City of Niagara Falls make application to the Ministry of Natural Resources for a Wayside Permit to permit the removal of clay from the Gauld Nurseries site. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cunnnings, that the report be received and adopted. Carried Unanimously. No. 19 - City Manager - Re: Walkways in Charnwood Subdivision. The report recommends that an exception be made to the Subdivision Deve~pment Policy to authorize a concrete sidewalk to be constructed in 1981 on: 1) The east and south side of Armstrong Drive from Laurentian Court to Charnwood Avenue; 2) the south side of Charnwood Avenue from Armstrong Drive to Moatrose Road; 3) on the walkway from armstrong Drive to Moatrose Road, including chain linked fence; and 4) on the walkway from Tad Street southerly to an existing concrete walkway leading to Was,wood Street, including chain linked fence. The Director of Municipal Works provided information regarding similar exceptions due to the slow-down in the housing market. ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 20 - City Manager - Re: Purchase of Picnic Tables. The report provides information on the purchase of certain picnic tables in response to a question raised by Council previously. Alderman Cummings expressed concern that the picnic tables are stored in a safe place during the winter season to protect against vandalism as well as inclement weather. The Projects & Services Engineer provided further information on the matter. ORDERED on the motion of Alderman Schisler, seconded by Aldel~nan Fare, that the report be received and filed. Carried Unanimously. No. 21 - City Manager - Re: Community Services. Contribution Program - Maple Area. The report recommends that: 1) Council enter into a formal agreement with the Province for a Community Services Contribution Program in the Maple Area; and 2) That the Cityvs share of $750,000 which consists of $450,000 for Bard Services and $300,000 for Soft Services be provided as follows: (a) $15,000 from a special purpose reserve for sewer construction; (b) $25,000 from the 1980 current Operating Budget account No. 11170; and (c) $710,000 from the 1981 and 1982 current Operating Budgets of which $355,000 will be eamsrked from the Capital Contribution accounts in the years 1981 end 1982. The City Manager explained that in original discussions, it had been planned to place monies in the capital budget to cover the City's share of the cost, however the Solicitor had felt this was not enough of a commitment to the Province, Since all capital budget items require approvals over and - 7 - above that of Council, it was felt that the City's share of the cost should come from the operating budget. The City Manager explained that $355,000 of the City's share would be taken from the Capital Contribution accounts in the operating budget. In response to a question raised by Alderman Marrat,, the City Manager advised that the Capital Contribution accounts in the current budget will be increased in 1981 and 1982 in order to continue the program of reducing debt charges in the capital budget. Alderman Cummings also commented that although the entire program was costing the taxpayers' money, if the City had not taken advantage of the funds another municipality would have, and therefore the cost would still be coming from the taxpayers' pockets. Alderman Dilts indicated that he was opposed to spending money on the renovations to the Niagara Falls Arena, when he doubted that the City would even have a hockey team for the ne~t season. Alderman Cummings pointed out that the money is not being spent to keep the team in the City, that was why the Promotion & Facilities Co-ordinator had been hired. Alderman Janvary also pointed out that the renovations would be including a meeting room for neighbourhood use, and bookings for the room had already been received. The Director of Municipal Works also provided additional information regarding the projects to be undertaken under the program. In response to a question raised by Alderman Cummings, the Building & Development Co-ordinator advised that the Community Services Contribution Program will be cancelled in 1982, and funds would no longer be available to municipalities. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Marrat,, that the report be received and adopted. Carried with Alderman Dtlts voting contrary with respect to the arena renovations, and all others voting in favour. No. 22 - Loan Review Committee - Re: Applications for Assistance. The report recommends approval of six applications for assistance received under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 23 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Manager, City Treasurer and City Clerk provided additional information in response to a number of questions raised. ORDEKED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 24 - City Manager - Re: First Aid Course. The report advises that thirteen City employees have successfully completed a St. John Ambulance Safety Oriented First Aid Course and hold a Standard First Aid Certificate. ORDERED on the motion of Alderman Cummings, seconded by Alderman Metrat,, that the report be received and filed and further that congratulations be extended to the employees involved. Carried Unanimously. No. 25 - City Manager - Re: Schedule of Council Meetings - Month of December. The report recommends that regular meetings be held on December 15th and 2end '~980. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 26 - City Manager - Re: Confirmation of Certain Appointments to the Niagara Falls Board of Museums. The report recommends passage of a by-law confirming the appointment of Mr. F. Brunning, Jr., Mr. M. Hopkins, Major B. Nering and Mrs. M. Layella to the Niagara Falls Board of Museums for the period of May 1st to December 31st, 1980. ORDERED on the motion of Alderman Metrat,, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 80-238 No. 27 - City Clerk - Re: Appointments to Various Boards, Commissions and Committees. The report recommends that the second report regarding appointments to various Boards, Commissions and Committees be tabled for one week in order to allow the members of Council sufficient time to consider its contents. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fete, that the report be tabled for one week. Carried Unanimously. -S- RESOLUTIONS No. 1 - CUld~INGS - SOMERVILLE - RESOLVED that the tender submitted by Pinder's Lawn & Leisure for the supply of ten 1981 Model Superior Commercial and six 1981 Model Heavy Duty lawn mowers be accepted at the total price of $2,889.00 for the super conmercial models and $1,598.58 for the heavy duty models; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Schisler, seconded by Alderman Fete, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-233 - A By-law to authorize the execution of a grant of easement to Fruitbelt Trucking Inc. No. 80-234 - A By-law to amend By-law No. 80-66 being a by-law to authorize the acceptance of a conveyance and to lay out and establish land as Fruitbelt Parkway. No. 80-235 - A By-law to allow the maintaining and using of a-building which encroaches on Kitchener Street. No. 80-236 - A By-law to allow the maintaining of concrete curbs which encroach on Ontario Avenue. No. 80-237 - A By-law to authorize an application for the closing of part of the lane at the rear of Lots Nos. 146, 147 and 148 according to Registered Plan No. 29 for the former Town of Niagara Falls, now known as Plan No. 294 and to authorize its sale to 311813 Ontario Ltd. No. 80-238 - A By-law to provide for appointments to the City of Niagara Falls Board of Museums. No. 80-239 - A By-law to amend By-law No. 3790, being a by-law for the regulatio! of traffic. (Powell Avenue) No. 80-240 - A By-law to amend By-law No. 6340, providing for the erection of Yield Right-of-Way signs at certain intersections in the Municipali (Sinnicks Avenue, Murie Street) No. 80-241 - A By-law to amend By-law No. 7531, being a by-lAw to provide for th erection of stop signs at intersections. (Johnson Drive) No. 80-242 -A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Fete, seconded by Alderman Schisler, that the following by-laws be now read a second and third time: ' No. 80-233 - A By-law to authorize the execution of a grant of easement to Fruitbelt Trucktn~ Inc. No. 80-234 - A By-law to amend By-law No. 80-66 being a by-law to authorize the acceptance of a conveyance and to lay out and establish land as Fruitbelt Parkway. No. 80-235 - A By-law to allow the maintaining and using of a building which encroaches on Kitchener Street. No. 80-236 - A By-law to allow the maintaining of concrete curbs which encroach on Ontario Avenue. No. 80-237 - A By-law to authorize an application for the closing of part of the : ~ lanes at the rear of Lots Nos. 146, 147 and 148 according to Regis~ Plan No. 29 for the former Town of Niagara Falls, now known as Pi~ .... No.~294 and to authorize its sale to 311813Ontario Ltd. No. 80-238 - A By-law to provide for appointments to the City of Niagara Falls Board of Museums. - 9 - N~o. 80-239 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Powell Avenue) No. 80-240 - A By-law to amend By-law No. 6340, Providing for the erection of Yield Right-of-Way signs at certain intersections in the Municipality. (Sinnicks Avenue, Murie Street) NJ. 80-241 - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Johnson Drive) No. 80-242 - A By-law to provide monies for general purposes. Carried UnanimouslAx NEW BUSINESS RATIFICATION OF COMMITTEE OF THE WHOLE DECISIONS Report No. 28 -Ci~ Manager - Re: Salaries for Fire Chief and Deputy Fire Chief. The report recommends that in order to maintain an equitable differential between the salaries set at a Board of Arbitration and those of the Fire Chief and Deputy Fire Chief, the following changes be approved retroactive to January 1, 1980: Fire Chief - Present Level 12, Range $29,700 to $34,280, to be reclassified to Level 13 - Range $31,130 - $35,710; and Deputy Fire Chief - Presently Level 10 Range $26,560 - $30,320 to be reclassified t'% Level 11 - Range $28,050 to $31,810. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried with Alderman Schisler voting contrary, and all others voting in faVour. Report No. 29 - City Manager - Re: Benefits - Fire Department Personnel Not Covered by a Collective Agreement. The report recommends that a Type I O-M.E.R.S. Supplementary Pension be purchased for the former Fire Chief who retired March 31, 1980, and for the present Deputy Fire Chief who will retire January 31, 1984 at a cost of $47,469 in 1980 followed by four annual payments of $12,469; and that a paid-up life policy in the amount of $1500 be purchased for the former Fire Chief at a cost of $440.20. His Worship, Mayor Thomson requested Alderman Schisler to act as Chairman of the meeting due to a conflict of interest. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried with Alderman Schisler voting contrary, and all others voting in favour. Mayor Thomson resumed chairmanship of the meeting following the vote taken on this matter. Report No. 30 - City Clerk - Re: Adoption of Departmental Re-organization. The report recommends that the action taken by Council in Committee of the Whole to approve the City Manager's proposals for the re-organization of the Engineering and City Clerk's Departments subject to a re-examination of the re-organization programme every three months during the forthcoming year and reports being made to Council on the findings made through re-examination. Mayor Thomson invited members of the press to an informal meeting following the Council meeting in order to answer any questions relating to. the Departmental 'Re-organization. ORDERED on the. motion of Alderman Merrett, seconded by Alderman Fera, that the report be received and adopted. Carried with Alderman Dilts voting contrary and all others voting in layout. ITALIAN EARTHQUAKE DISASTER Alderman Fera referred to ~he enormity of the disaster inflicted on Italy as a result of an earthquake, and requested that Council consider making a contribution to the Italian Relief Fund so that the desperate living conditions of the people living in the area can be improved, Alderman Schisler pointed : out that although there is some urgency for receiving funds now, funds will also be required for re-building, which would allow Council time to refer the nmtter to the Finance Connnittee for consideration. Mayor Thomson agreed that it was important that a disaster relief fund be set up to deal with such serious matters in the future, and felt the Finance Committee should have an opportunity to review the request. FollowinS further comment, it was moved by Alderman Fete, seconded by Alderman theeamen, that the matter be referred to the Finance Committee for consideration, Carried Unanimously. - 10 - FINANCIAL STATUS - SEWER DEPARTMENT Alderman Fera advised that he had heard a rumour that the Sewer Department was in serious financial shape, and that some employees had even been transfertel to other departments as a cost saving measure. The Alderman also stated that Council had not been advised of this fact, and yet apparently a member of the Sewer Department was blaming the financial problems on Council. The Director of Municipal Works stated that the Sewer Department was experiencing financial problems, however a report was being prepared for the Finance Committee and Council on the matter. During the discussion on this matter, it was indicated that the report would be submitted at the next meeting for Council's consideration. APPOINTMENT TO POLICE COMMISSION Alderman Merrett congratulated Mayor Thomson on his appointment to the Niagara Regional Board of Commissioners of Police. Mayor Thomson thanked the Alderman and commented that Niagara Falls is a unique community with respect to police protection due to the tourist population that is not present within other municipalities, and that representation of the City on the Board would be of great benefit locally. FINANCIAL REPORT - PROMOTIONAL EVENT Alderman Cummings asked if there was an updated report on the results of the last televised showing of a championship fight at the Niagara Falls Arena. The City Manager explained briefly the gate receipts and expenses, but indicated that a full report would be submitted to Council shortly. In response to a further question raised, the City Manager indicated that he was not aware of any serious damage caused by-patrons of the Arena that evening. -CURVE ON GUNNING DRIVE Alderman Baker referred to a problem existing on Gunning'~rive with a curve similar to that on Willoughby Drive. The curve has been the scene of a number of accidents, and the Alderman felt some correctional measures should be taken to prevent future recurrences. It was moved by Alderman Baker, seconded byAlderman Chessman,-that the matter be referred to staff for the preparation of a report. Carried Unanimously. TERMINATION OF CANADIAN NATIONAL SMALL PARCEL SERVICE Mayor Thomson referred to the announced decision by Canadian National Express to discontinue its small parcel service and concentrate on the handling of larger, heavier shipments between major terminals. The Mayor indicated that this move will result in the loss of nine local Jobs, and expressed his concern that the announcement had been made Just shortly before Christmas and would become effective in February. Mayor Thomson asked Council to pass a resolution expressing concern and requesting an extension to the termination date to allow the employees mor~ time to obtain employment elsewhere. Regional Councillor Sherat also pointed out that the decision by Canadian National is the only bonded carrier that can transport parcels from the Toronto Airport to Niagara Falls, and the termination of service will mean that persons will have to travel to Hamilton. Mr. Sherat felt that if any City should have this service, it should be a border city such as Niagara Falls. RESOLUTION No. 2 - MERRETT - ORR- RESOLVED THAT WHEREAS Canadian National Express, a division of Canadian National Railways, has announced its decision to withdraw from the small parcel express business and concentrate on the handling of larger, heavier shipments between major terminals; and WHEREAS this decision will result in the termination of nine positions presently based in Niagara Falls; and WHEREAS this decision will have an adverse effect upon the lives of those employees of Canadian National Express who are residents of the City of Niagara Falls; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests the representatives of Canadian National Express to re-examine its decision to terminate the local positions as of - 11 - February 28, 1981, and that a closer examination be given to this matter and a more reasonable length of time be given to those employees to either relocate or to find employment elsewhere; AND FURTHER that copies of this resolution be Provided to Mr. A.A. MacBain, M.P., and all Federal representatives responsible for transportation; AND the Seal of the Corporation be hereto affixed. Carried Unanimous]~ TEMPORARy REBATE PROGRAM FOR LIGHT TRUCKS AND VANS Mayor Thomson indicated that he had received a call from the owner of an American Motors dealership regarding the Provincial decision to give rebates on new light trucks and vans. The Province had apparently refused to include the American Motors four-wheel drive "Eagle" in this class, but had included the small "Niva" imported from Russia. The Mayor indicated that the dealer was very upset by this decision, and requested the City Clerk to prepare an aPPropriate resolution for the next meeting giving the A.M.C. dealers support. CHEMICAL POLLUTION IN THE NIAGARA AREA MAyor Thomson advised that he has received many calls from radio and television stations regarding the recent statement made that Niagara Palls was the worst polluted municipality in North America. The Mayor pointed out that much of the pollution had originated from the United States side of the Niagara River, and that Canadian and Ontario environmental laws were much more restrictive than their American counter-parts. There had also been some suggestion that the pollution could actually affect tourists visiting the area. Mayor Thomson felt it was imperative that the City made its feelings known to the Provincial and Federal Governments as being on record for encouraging all government bodies involved to do whatever can be done to fight the pollution in this area. The Mayor also felt that the suggestion regarding hazards to visitors should also be clarified by the appropriate government departments. It was moved by Alderman Cummings, seconded by Alderman Merrett, that the City Clerk be requested to prepare an appropriate resolution for the next meeting of Council. Carried Unanimously. It was moved by Alderman Dilts, seconded by Alderman Cheesman, that the meeting adjourn. 'Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON "FVV W / / ~IRD ME~ETING Committee Rooms 2 & 3 December 15, 1980 INFORMAL SESSION Council met on Monday, December 15, 1980 at 6:30 p.m. in an informal meeting to consider the aPPointments to boards, commissions and committees. All members of Council were present with the exception of Alderman Puttick. His Worship, Mayor Thomson Presided as Chairman. MAYOR WAYNE THOMSON RE~UI. , ' ' Council Chambers December 15, 1980 Council met on Manday, December 8, 1980 at 7:45 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Puttick. His Worship, Mayor Thomson presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fere, seconded by Alderman Cummings, that the minutes of the meetings held on November 21st and December let, 1980, be adopted as printed. Carried Unanimously. DEPUTATION FRUITBELT TRUCKING INC. - FRUITBELT PARKWAY Mr. G. Repei, solicitor for Fruitbelt Trucking Inc., was granted permission to address Council on the motion of Alderman Cheesman, seconded by Alderman Cunnnings. Mr. Repei referred to the development Fruitbelt Trucking was undertaking in the north end of the City, and stated that as part of the approval of the development, an agreement had been entered into with the City to provide for a number of conditions. One of the conditions provided that lands would be dedicated for a roadway, and construction of same to the City~s standards. Since the agreement had been signed, Fruitbelt Trucking had sold some of its lands, and the new owner wished to commence construction of buildings immediately. Mr. Repei explained that the agreement stated that no building permits could be issued until the roadway has been constructed. Mr. Repei reauested that Council consider an amendment to the agreement which would p~ovide that --~he onus would still be on Fruitbelt Trucking to construct the roadway by June 30, 1982, however building permits could be issued as long as all other conditions have been met. In response to a question raised by Mayor Thomson, the Director of Municipal Works and the Building & Development Co-ordinator indicated that they'were in agreement with the requested change. The City Solicitor indicated that an amending agreement can be prepared if Council so directed, however he felt there should be some security for the undertaking of the construction such as a letter of credit for the estimated cost of constructing the roadway. In this way, there is some guarantee that the roadway will be constructed. Mr. Repel indicated that he had discussed this point with his client and he could not see any objection at this time. Additional information was provided by the Director of Municipal Works regarding construction of the roadway. -2- Following further comment, it was moved by Alderman Cheesman, seconded by Alderman bierrett, that Council agree to the request and that an amendment to the formal agreement be prepared for the next Council meeting. Carried Unanimously. UNFINISHED BUSINESS SERVICING OF WOODGATE STREET, MOUNT FOREST II SUBDIVISION Communication No. 219 - Mr. B. Sinclair - The conmunicatlon requests that Council permit the servicing of Woodgate Street in the subject subdivision. Mr. B. Sinclair, solicitor for Mr. R. Redekop, was granted permission to address Council on the motion of Alderman Cheesman, seconded by Alderman Herrerr. Mr. Sinclair stated that his client wished to proceed with the servicing and development of a part of the Mount Forest II Subdivision, involving certain lots on Woodgate Street. The Shriner's Creek project was holding up development in the area, and Mr. Sinclair commented that the only way Council could consider his client's request, was if the development could be serviced without affecting storm drainage downstream. According to Dames & Smith, the consultant hired to determine the amount and effect of storm drainage in the subdivision, development could take place if storm sewers were oversized and certain other precautions (i.e. placement of straw around catchbasins, sodding of front and back lawns and swales) were taken. A similar request had been made to Council earlier to service the entire subdivision, however the request at this time was only for the servicing of lots on Woodgate Street. Mr. Sinclair stated that if Council approved the request, and City staff were satisfied that the Damas & Smith recommendatiom were correct, his clients would proceed with the development of the lots on Woodgate Street. In response to a question raised by Alderman Dilts, the Director of Municipal Works stated that the position taken by Council at the time of the Ontario Municipal Board hearing on Shriner's Creek, was that no further development would be permitted until the project had been implemented. Because of such evidence being given at the hearing, the Dire~Fgr of Municipal Works felt that he would have to remain neutral and not comment on the advisability of granting the request. Mayor Thomson felt that the newer members of Council were at somewhat of a disadvantage, not being familiar with the history of the Shriner's Creek project The Mayor explained briefly the background of the drainage problems in the area, including the preparation of the environmental impact study and the selection of Alternative #8 of the study as the solution to the problems. Mayor Thomson also outlined the difficulties being experiences in acquiring the lands necessary for the project, and the legal proceedings in which the City and Cornwill Investments had become involved in this regard. Until this legal battle has been resolved, no development will take place unless by special permission of the Council. Mayor Thomson also explained that a similar request had been granted previously by the Council, and a precedent had been set. The City Solicitor advised that water from the subdivision would eventually go through the W-5-1 branch of the Shriner's Creek, and the Conservation Authority had expropriated lands from Cornwill Investments for the W-5-1 watercourse, If the expropriation is set aside, then water from the subdivision would go through Cornwill lands and the increased flow could cause damage. The Solicitor cautioned Council to be very careful in considering the request. It was also pointed out that one'of the conditions of approval by the Minister of Housing for the subdivision, was that prior to final approval, the Municipality must be satisfied,that the plan complies with the recommendations of the environmental impact study. The subdivision could not proceed until that condition has either been met or amended. The City Solicitor felt that Council would be wise to have~a report from staff before considerins the request. Alderman Schisler felt there was no point in having a report prepared if granting the request would result in legal problems for the City. Mayor Thomson suggested that a report should be prepared to bring the newer members 0f Council up to date on the project, as well as comment on recent developments on the legal aspects. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Cheesmmn, that the matter betalerted to staff for the preparation of e report. Carried Unanimously. -3- It was moved by Alderman Fera, seconded by Alderman Merrett, that the first item under planning reports be moved forward for consideration at this time. Carried Unanimously. REPORT No. 31 - Planning & Development Conunittee - Re: Application for Official Plan Amendment No. 123 and Zoning Amendment AM-20/80, J. Biasucci on Thorold Stone Road. The report recommends approval of the application in principle, subject to the servicing problems being resolved and that the property revert back to the original zoning if the motel is not developed. Mr. A. van der Harst of Thor-west Niagara Falls Ltd., was granted permission to address Council on the motion of Alderman Fera, seconded by Alderman Cummings. Mr. van der Harst outlined his firm's reasons for objecting to the proposed rezoning: 1) Access to the site is inadequate, there is no entrance planned from Thorold Stone Road; 2) Drainage from the proposal would affect Shriner's Creek; 3) From a planning point of view, the site is not appropriate for a motel development, particularly when there are lands available on Lundy's Lane and other tourist/commercial areas that could he used; 4) No site plan was submitted of the proposal; 5) A shortage of industrial lands that are easily serviced. The City has spent a great deal of money to attract industry to the area, and rezoning of lands ideally suited for industry would be unwise; and 6) There are enough motels and hotels in the City experiencing problems due to economic conditions. Mr. B. Sinclair, solicitor for the applicant, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Fera. Mr. Sinclair explained that his client planned to develop a restaurant and tavern in the first phase, with a motel planned in the longer term. The lands are easily serviced. Mr. Sinclair felt that the area was not suited for industrial uses, and were more suited for commercial uses because ~f the amount of traffic on Thorold Stone Road. As far as access and egress were concerned, Mr. Sinclair felt entrance from Montrose Road was more acceptable and would not create traffic congestion on Thorold Stone Road. In response to a question raised, Mr. Sinclair did not feel there would be any problem with the close proximity of NorJohn Contracting and pointed out that commercial and industrial uses are often compatible. Alderman Fera felt the location of the proposal was ideal because the site is close to the Q.E.W. With respect to the comment made that no site plan was submitted, the Alderman stated that there may have been some misunderstanding because of a comment made by a member of the Planning & Development Committee, however a-site plan was on display at the meeting. Alderman Cheesman pointed out that the proposal was for a restaurant and tavern in the first stage, however if the motel was not proceeded with, the zoning would revert back to industrial. The Alderman questioned how the zoning could revert back to industrial with a restaurant and tavern standing on the site. Alderman Cheesman agreed that the site was better suited for an industrial use. The Senior Planner explained that the purpose of the condition relating to the reversion of the zoning if the motel were not developed, was to bring the matter back to Council's attention in several years if the development did not materialize. Alderman Merrett felt that the rezoning of two acres of industrial land would not have much of an impact on the City's industrial land requirements. The Alderman also pointed out that a rezoning had recently been approved for a luxury type restaurant near the northwest corner of Montrose Road and Thorold Stone Road which indicated that the area was suited for this type of development. Following further comment, it was moved by Alderman Fera, seconded by Alderman Cummings, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Cummings, Fete, Herrerr and Somerville. NAYE: Aldermen Baker, Cheesman, Dilts, Janvary, Kerrio, Orr, and Schisler. COr~4BNICATIONS No. 9 - Consulting Engineers of Ontario - Re: Conflict of Interest. The communication requests that consider a~opting a policy similar to that adopted -4- by the Regional Municipality of Halton regarding the retention of consulting engineers who may also be employed by developers within the geographical areas of the government agencies. ORDERED on the motion of Alderman Cut~nings, seconded by~Z[derman Orr, that the policy be endorsed. Carried Unanimously. No. 10 - Niagara South Board of Education - Re: Liaison and Communication with Municipal Councils. 1nee communication indicates that the Board is prepared and willing to discuss matters of mutual concern at any time through both formal and informal conmaunications. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. No. 11 - Niagara Falls Family Y.M.C.A. - Re: Monte Carlo Event. The communication requests permission to apply for a special occasion permit from the L.L.B.O. in order to sell alcoholic beverages at aM onte Carlo event to be heldat the Skylon in January. Alderman Cummings felt that since this was the first Monte Carlo event since formation of the special monitoring group, the matter should be referred to the group for comment. Because of the time element involved, it was suggested that permission could be granted for the special occasion permit subject to the Monte Carlo event being approved. It was moved by Alderman Cummings, seconded by Alderman Schisler, that the~tter be referred to the Gambling/Gaming Monitoring Committee of the Social Planning Council. It was then moved by Alderman Merrett, seconded by Alderman Baker, that approval be granted for an application to be made for a special occasion permit, subject to the established policy and approval by the Gambling/Gaming Monitoring Committee. The motion and amendment were Carried Unanimously. REPORTS No. 32 - City Manager - Re: Bolus Revelas Bolus Limited and Land Severances B-460/80 and B-461/80. The report recommends passage of a by-Taw to authorize the execution of new agreements with Bolus-Revelas-Bolus Limited in connection with the subject land severance applications. ORDERED on the motion of Alderman Chessman, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. See By-law No. 80-2~ No. 33 - City Manager - Re: Designation of Chief Pladning Officer under Revised Rules of Procedure for Restricted Area By-laws. The report recommends passage of a resolution designating the Planning Director, and in hissabsence the Senior Planner, as the chief planning officer for the purpose of completing Schedule 3 of Ontario Regulation 78/80 made under the Planning Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fore, that the report be received and adopted. Carried Unanimously. See Resolution No. 3 No. 34 - City Manager -Re: Lot 11, Falls Industrial Park Extension. The report recommends that Council approve a Request for Reserve from Mr. A. Moss on Lot 11, Plan M-67 until March 4, 1981. ORDERED on the motion of Alderman Merrett, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. NOTE: Aldermen Chessman and Dilts were absent when the vote was taken on this matter. No. 35 - City Manager - Re: Encroachment at 4924 Second Avenue. The {eport recommends approval of an application for the passing of a by-law to allow the continuation of an encroachment on Second Avenue and that an appropriate by-law be prepared for further consideration by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fete, that the report be received and adopted. Carried Unanimously. NOTE: Aldermen Cheesman and Dilts were absent when the vote was taken on this matter. No. 36 - City Manager - Re: Proposed Calaguiro Estates Subdivision. The report recommends passage of a by-law to authorize an agreement with Calaguire Bros. Limited respectinS the proposed subdivision and for 'the payment of certai~ - 5 - engineering fees, and a by-law to authorize an agreement with Delcan DeLeuw Gather Canada Limited for engineering services for the subdivision. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See By-laws Nos. 80-244 and 80-245 No. 37 - Drainage Committee - Re: Drainage Problem at 6936-6960 Harriman Street. The report recommends approval of a cost sharing arrangement to resolve the subject drainage problem, and that the City's portion of the cost sharing be taken from the 1981 Operating Budget - Private Rear Lot Drainage Account. ORDERED on the, motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 38 - City Manager - Re: Engineering Services for Bender Hill Storm Sewer and Watermain. The report recommends that an additional amount of up to $4,500 be authorized for payment to the Consulting Engineering firm of Proctor & Redfern for engineering services for the above noted project. The actual additional payment would be the lesser of - (a) $4,500 or (b) the savings to the Municipality by calling the contract on an alternative basis i.e. open cut construction and tunnelling construction. The Director of Municipal Works provided additional information in response to a number of questions raised. ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 39 - City Manager - Re: Remaining 1980 Capital Budget Projects. The report recommends passage of a by-law authorizing the construction of a sanitary sewer relief system in Chippawa. The Director of Municipal Works provided additional information regarding the works to be constructed as recommended in the upcoming Paul Thiel Flood Relief Study. ORDERED on the motion of Alderman Dilts, seconded by A/derman Chessman, that the report be received and adopted. Carried Unanimously. See By-law No. 80-246 No~ 40 - City Manager - Re: Building & Development Report for November 1980. The report provides information relative to permit statistics and development proposals for the month of November, 1980. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and filed. Carried Unanimously. No. 41 - City Manager - Re: Box Office Statement - Duran/Leonard Fight. The report provides information in respect to the telecast of the Duran/Leonard fight held at the Niagara Falls Memorial Arena, November 25, 1980. The City Manager provided additional information regarding possible future events to be held at the Arena. ORDERED on 'the motion of Alderman Dilts, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimously. No. 42 - City Manager - Re: Municipal Accounts. The report recommends payment {~f the. municipal accounts. The City Manager, City Treasurer and Projects & Services Engineer provided additional information on Cheques #9905, #9911, #9953, #9971, #9981, #10024 and #10027 in response to questions raised by Aldermen Cummings, Dilts, Fore, Janvary, Schisler and Somerville. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and 'adopted. Carried Unanimously. No. 43 - City Manager -'Re: Report on 1980 Sewer Department Expenditures (Account Nos. 445, 449, 642, 645, 648, 649, 11600, 11607 and 11608). The report provides information on expenditures in the Sewer Dept. in 1980. Alderman Cummings noted that he felt it embarrassing to hear on the street that employees were being transferred from one Job to another, and suggested that in future Council should be notified in advance. Mayor Thomson pointed out that in departments such as Streets, Sewer. etc., transfers are made almost on a daily basis and it would not be possible to keep Council advised every time a transfer was required. -6- The Director of Municipal Works explained that the only alternative to transfers is to hire temporartes and increase the level of service in other departments. The present system eliminates the necessiry of hiring additional temporary employees and is built into the budgeting process. Alderman Dilts commented that when the budget is set, it is known what work is required to be done for the year with the number of employees on the payroll. The Aldermen stated that now that the Sewer Department budget is nearly overspent, the employees are being transferred and the work is going to be tendered out, and he could not understand where the funds were coming from to pay a contractor since the employees still had to be paid. The Director of Municipal Works explained that temporary employees are hired so that permanent employees will not have to be laid off. In the case of the Sewer Department, it was determined that two projects could be more economically carried out using a sewer re-lining procedure. Since the City does not have the equipment to perform this type of work, it would be less costly to tender the work out, transfer the permanent employees to another section and lay off the temporary employees. Alderman Dilts indicated that he agreed with tendering work out, in fact he felt not enough work was tendered out by the City, however he could not see how the City was saving money when the employees were still on the payroll. Following further comment, it was moved by Alderman Kerrio, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. No. 44 - City Manager - Re: Proposed Increase in Hunting Licenee Fees. The report recommends that the licenee fees for the issuance of municipal hunting liceaces be increased from $1.60 to $3.30 for residents and from $3.30 to $4.50 for non-residents. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 45 - City Manager - Re: Ratio of Personnel to Population. The report provides information relating to the ratio of employees to popu'I~tion for all municipalities in the Region. Alderman Dilts stated that he had requested the report to be submitted in Committee of the Whole because it dealt with personnel. The Alderman indicated that he had not had an opportunity to go over the report in detail, and he had a number of questions and points he would like clarified. Aldermax1 Dilts felt that the report should be tabled for several weeks, and possibly considered by the Finance Committee. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Chessman, that the report be tabled and considered at a meeting early in January. Carried Unanimously. RESOLUTIONS No. 3 - CUMMINGS - FERA - RESOLVED THAT WHEREAS Ontario Regulation 78/80 provides for alternative notification procedures under which restricted area (zoning) by-laws may come into force without Ontario Municipal Board approval when no objections have been filed; and WHEREAS each restricted area (zoning) amendment by-law, when circulated, must be accompanied by Schedule 3, being a statement of the by-law's conformity with the official plan; and WHEREAS Schedule 3 must be signed by the chief planning officer of the ' Municipality, designated by resolution of Council; NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1) Subject to paragraph 2 of this resolution, that Alec ereayes be and he is hereby designated as the chief planning officer for the purpose of completing Schedule 3 of Form 1 of Ontario Regulation 78/80 made under The Planning Act; 2) That in the absence of the said Alec Greaves, Douglas Derbyson be and he is hereby designated as the chief planning officer for the purpose of completing Schedule 3 of Form 1 of Ontario Regulation 78/80 made under The Planning Act; 3) That resolution No. 24 passed by Council at its meeting held on April 8th, 1980 is hereby rescinded; AND ~he~eal of the Corporation be hereto affixed. Carried Un~animousl_/ With respect to the resolution concerning the temporary sales tax rebate program for new light trucks and vans, Alderman Chessmen commented that he - 7 - had spoken to the Provincial Treasurer on the question of exempting the Russian "Niva" and not the American Motors "Eagle". The Alderman advised that the "Niva" is a four wheel drive vehicle similar to a Chevrolet "Blazer" or International "Scout", while the "Eagle" is actually a four wheel drive automobile. While Alderman Chessman was not opposed to trying to obtain additional information from the Province, he did not feel the Council should make a stand without having the benefit of further information. Mayor Thomson indicated that he had heard from two American Motors dealers, both of whom felt very strongly that similar consideration should be given by the Province to the 'lEagle". The Mayor felt that Council should support local businesses in an effort to receive the same treatment the Province is giving to the manufacturers of a vehicle made in Russia. Alderman Merrett felt that passing the resolution would put the Province on notice that pressure will be brought upon the Ministry of Revenue to reconsider the inclusion of the "Eagle" in the temporary rebate program. No. 4 - CUMMINGS - KERRIO - RESOLVED THAT WHEREAS the Retail Sales Tax Branch of the Ministry of Revenue announced on November 13, 1980 a temporary rebate program for new light trucks and vans; and W~{EREAS included in the light trucks and vans eligible for the temporary retail sales tax rebate is the "Niva", a small vehicle imported from Russia and distributed by Lade Cars of Canada Inc.; and WHEREAS American Motors (Canada) Ltd. manufactures in Brampton Ontario a four wheel drive vehicle called the "Eagle" which is compatible in construction, style and purpose with the "Niva", however the Ministry of Revenue ruled the Canadian-built "Eagle" ineligible for the temporary retail sales tax rebate, giving an unfair advantage to foreign-built imports; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions the Minister of Revenue to amend the rebate program by the deletion of the "Niva" from the list of vehicles eligible for the temporary sales tax rebate; AND BE IT FURTHER RESOLVED that copies of this resolution be sent to Mr. Vincent Kerrio, M.L.A. for his support; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Dilts abstaining on a conflict of interest, and all others voting in fayour. No. 5 - CU~4INGS - FERA - RESOLVED THAT WHEREAS the Greater Niagara area has been the centre of an increasing amount of adverse publicity as a result of serious environmental problems, particularly as they relate to the discharge of dangerous chemicals in the Niagara Falls area of the State of New York; and WHEREAS the publicity has had and will continue to have an adverse effect upon the City of Niagara Falls, Ontario and its surrounding area; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls request both Provincial and Federal authorities to implement whatever action is required to have the appropriate departments of the State of New Yorkand the American Federal authorities clean up the existing pollution problems in New York State as soon as possible; and BE IT FURTHER RESOLVED that copies of this resolution conveying the City's unqualified support be provided to the Honourable John Roberrs, Federal Minister of the Environment and the Honourable Harry C. Parrot~ Provincial Minister of the Environment; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-IAWS . ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-243 - A By-law to authorize the execution ofan agreement with Bolus Revelas Bolus Ltd. No. 80-244 - A By-law to authorize an agreement with Calaguiro Bros. Limited ~especting the proposed Calaguiro Estates Plan of Subdivision. No. 80-245 - A By-law to authorize an agreement with DeLeuw Cather Canada Limited for engineerin8 services for the proposed CalaSuiro Estates Plan of Subdivision. ..eta8 -8- No. 80-246 - A By-law to authorize the construction of a sanitary sewer relief system as an improvement to the sewage system in the Urban Service Areas of the City. No. 80-247 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 80-243 - A By-law to authorize the execution of an agreement with Bolus Revelas Bolus Ltd. No. 80-244 - A By-law to authorize an agreement with Calaguiro Bros. Limited respecting the proposed Calaguiro Estates Plan of Subdivision. No. 80-245 - A By-law to authorize an agreement with DeLeuw Cather Canada Limitec for engineering services for the proposed Calaguiro Estates Plan of Subdivision. No. 80-246 - A By-law to authorize the construction of a sanitary sewer relief system as an improvement to the sewage system in the Urban Service Areas of the City. No. 80-247 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS FINANCE COMMITTEE MEETING Alderman Cheesman announced that there would be a meeting of the Finance Committee on December 17th, 1980 at 4:00 p.m. FIRE LANES AT PLAZAS Alderman Cheesman advised that he had received a complaint regarding the new fire lane by-law, that i~ some areas the fire lane is not adequately signed. The Alderman felt that persons receiving tickets in such cases are somewhat Justified in complaining. The Projects & Services EnRineer stated that the fire lane by-law sets out the requirements for signing, and as far as he knew the plazas do have the,proper signing. tf the signp were not in place, the Commissionaire would likely not issue the ticket, or if the area were improperly.signed, the ticket would he cancelled. Alderman Merrett advised that one plaza has signs running along the building to indicate the location of the fire lane, however there is no sign or pavement marking to'show where the fire lane ends. The Alderman also advised that he had received complaints from handicapped persons who had parked near the plaza buildings and had been issued tickets for being in the fire lane. Alderman Merrett indicated that the fire lane by-law and a by-law providing for parking of vehicles operated by or for handicapped persons would beconsidered by the Parking Con~nittee shortly. Nayor Thomson commented that he had visited a plaza on Lundy's Lane and cars had parked two lanes over the marked parking area making it impossible for a car to get through. The Nayor expressed his concern that in the event of a fire,-a~car could not get through let alone a fire truck. POLICE, PATROLS Aideman Cummings advised that he was pleased to see Regional Police officers on foot patrol in the 8tamford Centre area, and had received similar positive comments from business owners in the area. INTERSECTION OF STANLEY AVENUE ~ND VALLEY WAY Alderman Cummings advised that the new turning lane at the intersection of Stanley Avenue and Valley Way had alleviated some of the traffic congestion at this location. - 9 - SOUND SYSTEM - NIAGARA FALLS ~MORIALARENA Alderman Cummings advised that he had artended a hockey game at the Niagara Falls Memorial Arena and not only was the speaker system operating poorly, but occasionally did not operate at all. The Alderman advised that people are not purchasing the "Share the Wealth" tickets because they cannot hear the winning numbers when they are called. The Projects & Services Engineer stated that the problem was caused by amplifiers with an overload circuit. When an overload occurs, the amplifier shuts down to prevent destruction of the unit. Apparently the announcer was speaking louder than normal in an effort to boost the sound, resulting in too much input from the microphone causing the overload circuit to shut the unit down. When this occurred, the remaining sound became more garbled and difficult to understand. The Projects & Services Engineer further advised that a 200 watt unit as opposed to the existing 100 watt unit, was being used on a trial basis, as well as other equipment to reduce the possibility of an overload situation. An acoustics expert from Acres would be examining the system to determine what action is required to improve the sound. Alderman Cummings indicated that he would be interested in knowing how much money had been spent on the system to date and comparing that figure to what a proper system would cost. The Projects & Services Engineer advised that approximately $12,000 had been expended on the system. According to the suppliers of this type of system, approximately $18,000 would be required to improve the sound, and the City was still below this estimate. Alderman Merrett felt that contact should be made with firms who had installed sound systems in facilities such as Maple Leaf Gardens in Toronto, to get a price on a proper system. Mayor Thomson suggested that the report from Acres should be obtained before any estimates are requested. APPOINTMENTS TO BOARDS, CO~IMISSIONS AND COMMITTEES Niagara Falls Public Library Board - It was moved by Alderman Merrett, seconded by Alderman Fera, that Mr. R. Durdan be appointed to the Board for the years 1981, 1982 and 1983. Carried Unanimously. Property Standards Committee - It was moved by Alderman Fera, seconded by Alderman Cheesman, that Mr. C. Prata be appointed a member of the Committee for the years 1981, 1982 and 1983. Carried Unanimously. Niagara Parks Commission - It was moved by Alderman Dilts, seconded by Alderman Somerville, that Alderman Merrett be appointed to the Commission for the year 1981. Carried Unanimously. Niagara District Airport Commission - It was moved by Alderman Fera, seconded by Alderman Janvary, that Aldermen Baker, Orr and Schisler and Mr. J. Merrett be appointed to the Commission for the year 1981. Carried Unanimously. Greater Niagara Transit Commission - It was moved by Alderman Somerville, seconded by Alderman Cummings, that Mr. G. Mowers and Mr. G. Walker be appointed to the Commission for the years 1981 and 1982. Carried Unanimously. · lanning & Development Committee - It was moved by Alderman Kerrio, seconded by Alderman Merrett, that Aldermen Baker, Fera, Janvary, Orr, Somerville and Puttick be appointed to the Committee for the years 1981 and 1982, and further that Mrs. A. Cotfield, Messrs. A. DiCiacomo, W.A. Hinsperger, E. Mitchelson, and Mrs. M. Sobol be appointed to the Committee for the years 1981 and 1982. Carried Unanimously.. Niagara Falls Community Centres Board - It was moved by Alderman Cheesman, seconded by Alderman Fera, that Mayor Thomson and the members of Council be appointed as the Niagara Falls Community Centres Board for the year 1981. Carried Unanimously. Downtown Board of Management - It was moved by Alderman Orr, seconded by Alderman Cheesman, that Aldermen Merrett and Messrs. D. Cook, A. Iseppon, D. White, P. Lereverand, F. Nattin, G. Mallouk, A. Henderson, J. grinds and Mrs. E. Zilberg be appointed as members of the Board for the years 1981 and 1982. Carried Unanimously. ..... 10 - 10 - Greater Niagara General Hospital Board - It was moved by Aiderman Dilts, seconded by Alderman Baker, that Aldermen Chessman, Janvary and Puttick be appointed to the Board for the years 1981 and 1982. Carried Unanimously. Business & Industrial Growth Agency Inc. - It was moved by Alderman Dilts, seconded by Alderman Cheesman, that Mayor Thomson, Aldermen Dilts and Merrett and the City ~hnager be appointed to the Agency for the years 1981 and 1982. Carried Unanimously. Niagara Resort & Tourist Association - It was moved by Alderman Msrrett, seconded by Alderman Dilts, that Aldermen Kerrio and Orr be appointed to the Association for the years 1981 and 1982. Carried Unanimously. Niagara Frontier Humane Society - It was moved by Alderman Dilts, seconded by Alderman Merrett, that Alderman Baker be appointed to the Society for the years 1981 and 1982. Carried Unanimously. Project Trillium - It was moved by Alderman Fera, seconded by Alderman Dilts, that Mrs. L. Savage be appointed to the Project Trillium Committee for the years 1981 and 1982. Carried Unanimously. Recreation Commission - It was moved by Alderman Cheesman, seconded by Alderman Fera, that Aldermen Cunm~ings and Schisler be appointed to the Commission for the year 1981; that Massrs. W. Campbell, G. MacGillivray, W. Rooklayt R. Hanna, and M. Thistlethwaite be appointed to the Commission for the years 1981 and 1982; and that Mrs. C. Bielawski be appointed to the Commission for the year 1981. Carried Unanimously. Niagara Promotion Association - It was moved by Alderman Dilts, seconded by Alderrash Merrett, that Aldermen Cummings and Fera be appointed to the Association for the years 1981 and 1982. Carried Unanimously. Civic Month Committee - It was moved by Alderman Orr, seconded by Alderman Kerrio, that Aldermen Janvary and Schisler be appointed to the Committee for the years 1981 and 1982. Carried Unanimously. Livestock and Poultry Valuers - It was moved by Alderman Cheesman, seconded by Alderman Somerville, that Messrs. J. Brunning and J. Bouw be appointed as Livestock and Poultry Valuers for the years 1981 and 1982. Carried Unanimously. Social Planning Council - It was moved by Alderman Fera, seconded by Alderman Baker, that Alderm~n Cummings and Orr be appointed to the Council for the years 1981 and-1982. Carried Unanimously. Niagara Regional Tourist Council - It was moved by Alderman Diits, seconded by Alderman Martart, that Alderman Orr be appointed to the Council for the years 1981 and 1982. Carried Unanimously. Examining Board of Plumbers - It was moved by Alderman Dilts, seconded by Alderman Kerrio, that Messrs. H. Detlor and M. Sokolowski be appointed to the Board for the years 1981 and 1982. Carried Unanimously. Y.W.C.A. Board of Directors - It was moved by Alderman Orr, seconded by Alderman Cummings, that Alderman Janvary be appointed to the Board for the years 1981 and 1982. Carried Unanimously. United Way Board of Directors -,~t was moved by Alderman Merrett, seconded by Alderman Cummings, that Alderman Somerville be appointed to the Board for the years 1981 and 1982. Carried Unanimously. Weed Inspector - It was moved by Alderman Cummings, seconded by Alderman Dilts, that Mr. V. Scaringi be appointed as Weed Inspector for 'the period of May let, to October 31st, 1981. Carried Unanimously. Main and Perry Board of Management - It was moved by Alderman Chessman, seconded by Alderman Orr, that Alderman Puttick and Mrs. L. Fleming, I. Bald, P. AltridSe, Messrs. D. StirtziBger, G. Mullet and M. ClinCersmith be appointed to the Board for the years 1981 and 1982. Carried Unanimously. Municipal Parking & Traffic Committee - It vas moved by Alderman Dilts, seconded by Alderman Kerrio, that Alderman Fera and Marrett be appointed to the Committee for the years 1981 and 1982. Carried Unanimously· - 11 - Management Committee for Community Resources Centre - It was moved by Alderman Cummings, seconded by Alderman Dilts, that Alderman Kerrio be appointed to the Committee for the years 1981 and 1982. Carried Unanimously. Finance Committee - It was moved by Alderman Cummings, seconded by Alderman Cheesman, that Mayor Thomson and Aldermen Cheesman, Cummings, Dilts, Janvary, Kerrio, Merrett and Puttick be appointed to the Committee for the years 1981 and 1982. Carried Unanimously. Local Architectural Conservation Advisory Committee - It was moved by Alderman Merrett, seconded by Alderman Cummings, that Alderman Cheesman and Messrs. D. Chapman, F. Petrie, B. Robertson, W. Robinson, Mrs. A. Walker, Mrs. C. Pirie, Mrs. J. Young and Dr. J. Davidson be appointed as members of the Committee for the years 1981 and 1982. Carried Unanimously. Court of Revision - It was moved by Alderman Orr, seconded by Alderman Merrett, that Messrs. G. Finkbeiner, F. Ingham and G. Prate be appointed to the Court of Revision for the years 1981 and 1982. Carried Unanimously. Niagara Falls Board of Museums - It was moved by Alderman Dilts, seconded by Alderman Janvary, that Aldermen Baker and Schisler be appointed to the Board for the years 1981 and 1982; that Messrs. K. Warren, R. Galbraith, and P. McKenna be appointed to the Board for the years 1981, 1982 and 1983; that Messrs. F. Brunning and D. Mackenzie be appointed to the Board for the yeras 1981 and 1982; and that Mr. M. Hopkins and Mrs. E. O'Shell be appointed to the Board for the year 1981. Carried Unanimously. Niagara Peninsula Conservation Authority - It was moved by Alderman Cummings, seconded by Alderman Orr, that Mrs. E. Bearss and Messrs. F. Pettie and J. Dominski be appointed as the City's representatives to the Authority for the years 1981 and 1982. Carried Unanimously. Performance Evaluation Working Group - It was moved by Alderman Cummings, seconded by Alderman Baker, that Mayor Thomson and Aldermen Cheesman, Dilts and Merrett be appointed as the Performance Evaluation Working Group. Carried Unanimously. Drainage Committee - It was moved by Alderman Cummings, seconded by Alderman Merrett, that Aldermen Baker, Dilts, Kerrio, Puttick, Somerville and Mayor Thomson be appointed as the Drainage Committee. Carried Unanimously. Parking, Traffic & Tourism Study Advisory Committee - It was moved by Alderman Cheesman, seconded by Alderman Fera, that Mayor Thomson and Alderman Merrett be appointed as the Parking, Traffic & Tourism Study Advisory Committee. Carried Unanimously. Employee Suggestion Plan Committee - It was moved by Alderman Chessman, seconded by Alderman Merrett, that Mayor Thomson and Alderman Dilts be appointed as the Employee Suggestion Plan Committee. Carried Unanimously. Ryerson-Market Park Steering Committee - It was moved by Alderman Chessman, seconded by Alderman Dilts, that Aldermen Merrett and Mayor Thomson be appointed to the Ryerson-Market Park Steering Committee. Carried Unanimously. Niagara Falls Arena Renovations Steering Committee - It was moved by 'Alderman Cheesman, seconded by Alderman Somerville, that Mayor Thomson and Aldermen Cheesman, Cummings, Dilts, Merrett and Orr be appointed to the Committee. Carried Unanimously. Municipal Works Committee - It was moved by Alderman Fera, seconded by Alderman Cheesman, that Mayor Thomson and Aldermen Baker, Dilts, Kerrio and Somerville be appointed as the Municipal Works Committee for the years 1981 and 1982. Carried Unanimously.' It was moved by Alderman Chess" &aa"mded by AIderman Merrett, that the meeting adjourn. Carried U-.' READ AND ADOPTED, · . , CITY CLERK ' MaYOR WAYNE THOMSON FOjRTH MEETING COMMITTEE OF THE WHOLE Council met on Monday, December 22, 1980 at 4:30 p.m. the Whole. All members of Council were present. as Chairman. Coramittee Room #1 December 22, 1980 in Committee of Alderman Cummings presided Following consideration of the items presented, the Committee of the Whole rose without reporting. Carried Unanimously. READ AND ADOPTED, · L. CITY MAYOR WAYNE HOMSON Council Chambers December 22, 1980 Council met on Monday, December 22, 1980 at 5:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Cummings offered the Opening Prayer. i ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Baker, that the minutes of the meeting held on December 8, 1980, be adopted as printed. Carried Unanimously. COMMUNICATIONS No. 12 - Environmental Assessment Board - Re: Regional Municipality of Niagara/Town of Fort Erie Proposed Sanitary Sewage Works Facilities - Notice of Public Hearing. The communication advises that the Environmental Assessment Board will hold a hearing on January 6, 1981 at 10:00 a.m. in the City Hall Council Chambers on the proposed sanitary sewage works facilities to be located in the southwest quadrant of the intersection of Baker Road and the Queen Elizabeth Way. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the date'of the hearing be noted and that the City's Legal Department be authorized to appear in support of the application. The motion Carried with Alderman Schisler voting contrary, and all others voting in layout. No. 13 - Ministry of the Attorney General - Re: Court House Facilities. The communication advises that Provincial f~rrecasts for the next two fiscal years {ndicate that no new capital projects will be undertaken. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the communication be received and filed, and that the special Court House Committee be reactivated to consider the possibility of new as well as the disposition of existing court facilities. Carried Unanimously. No. 14 - Ministry of Culture and Recreation - Re: International Year of Disabled Persons. The communication advises that 1981 has been declared by the United Nations as International Year of Disabled Persons, and urges the City to undertake special plans for 1981 with this theme in mind. Mayor Thomson suggested that the Ministry be advised of the "Operation Horseshoe" plans being undertaken in the City in recognition of the International . Year of Disabled Persons. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and filed and copies sent to the Recreation Commission and the Social Planning Council. Carried Unanimously. 2 No. 15 - Mr. E. Broadbent - Re: Conmunity Services Contribution Program. The communication requests endorsement of a resolution calling for the reinstatement of the Community Services Contribution Program. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the resolution be endorsed. Carried Unanimously. No. 16 - Regional Municipality of Niagara - Re: Intersection of Stanley Avenue and Valley Way. The communication advises that it is the Region's understanding that the entire project will be carried out by the City with the Region paying its share of the engineering and construction costs for the small portion of the works within the Stanley Avenue right-of-way; the Region will install traffic signals at the new intersection and this work would be-timed to coincide with the opening of the new alignment. The Director of Engineering provided additional information in response to a number of questions raised by Alderman Cummings concerning comments in the Region's communication. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the communication be received and filed. Carried Unanimously. No. 17 -"Regional Municipality of Niagara - Re: Proposed Establishment of a Niagara Development Corporation. The communication outlines a proposal for the establishment of a Niagara Development Corporation to promote and encourage the economic development of the Niagara Region. ORDERED on the motion of Alderman Fete, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. No. 18 - Mr. W.A. Amadio - Re: Bridge Street Athletic Grounds. The communication asks whether the City would be willing to sell what remains of the Bridge Street athletic grounds at a fair market value. In response to a question raised by Alderman Puttick, Mayor Thomson advised that the appearance of the park is deceiving. The City only owns about 1.7 acres, and most of the land used for the park is privately owned. If the privately owned land were used for some purpose, the size of the park would be reduced considerably. Alderman Puttick referred t'~ a similar request to purchase this property a number of years earlier, and for some legal reason, the park could not be sold. The Alderman suggested that the comments of the City Solicitor should be obtained prior to Council making a decision whether or not to sell the park. Following further comment, it was moved by Alderman Cummings, seconded by Alderman Merrett, that the communication be referred to staff and the Recreation Commission for the preparation of a report. Carrie~ Unanimously. No. 19 - Niagara Region Opera Guild - Re: Opera Week, March 1 - 7, 1981. The communication requests that the week of March 1 - 7, 1981, be proclaimed 'Opera Week in Niagara Falls. ORDERED on the motion of Alderman C~mmings, seconded by Alderman Cheesman, that the request be approved subject to the established policy on proclamations. Carried Unanimously. No. 20 - Skyion Centre - Re: Jolley Cut. The communication requests that some action be taken to improve the general appearance of the "Jolley Cut" area, in particular the lighting, before the 1981 tourist season commences. ORDERED on the motion of Alderman Fare, seconded by Alderman Dilts, that the communication be referred to,~etaff for .the preparation of a report. Carried Unanimouely. No. 21 - Niagara Falls Minor Rockey Association - Re: Referee's Dressing Room. The communication requests that the City improve the referee's dressing room in the Stamford Memorial Arena. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the communication be referred to staff for the preparation of a report. ~'Carried Unanimously. No. 22 - Ontario Federation of Agriculture - Re: Market By-laws. The communication requests that the farmers who participate in the City's markets be notified before first reading of a new market by-law. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that a copy of any;proposed by-law relating to the market be sent t~ the Association prior to passage by Council. Carried Unanimously. - 3 - No. 23 - Mrs. L. Sava~_~_- Re: Appointment to Project Trillium. In the communication, Mrs. Savage advises that she cannot accept the appointment to Project Trillium, and comments that the manner in which the appointments were handled suggested a private meeting. In response to a question raised by Alderman Puttick, Mayor Thomson advised that the meeting at which the appointments were discussed was an informal session held in Committee Rooms #2 and #3, at which the press was present and any other individual wishing to attend was welcome. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the communication be received and filed, and that Mrs. Savage's name be kept on file should a vacancy occur on another board or committee. Carried Unanimously. REPORTS No. 46 - Planning & Development Committee - Re: Official Plan Amendment No. 119 and Zoning By-law Amendment Application AM-9/80, Mr. & Mrs. C. Reese on Montrose Road. The report recommends approval of the application for an existing home to be converted and used as a restaurant with an addition of a new structure to be used as an inn for accommodation containing approximately twenty units and one residential unit. In response to a question raised by Alderman Chessman, Alderman Merrett advised that the application would have some servicing problems, and the Committee had therefore granted approval subject to all requirements of the City's Municipal Works Department being met. The Director of Municipal Works also provided information regarding the servicing requirements for the proposal. Alderman Puttick referred to a similar application for rezoning of a property within close proximity to the subject application which had been denied by Council, and asked why the second proposal was being considered more favourably than the first. The Planning Director advised that there is an existing house on the property which is under used, and the proposal is to make a unique restaurant out of the house and later add a unique motel proposal. It was felt that there could not likely be a better use for the · house, as long as it does not affect future residential development, and that concern has since been satisfied. Alderman Fera also advised that Planning staff had recommended approval of the first application, but Council had seen .fit not to approve the rezoning. Following further comment, it was moved by Alderman Merrett, seconded by Alderman Dilts, that the report be received and adopted. Carried UnanimousiX. See Resolution No. 6 See By-laws 80-248,' 80-249 and 80-250 No. 47 - Planning & Development Committee - Re: Zoning Amendment Application · AM-13/80, W~ Molodynia, 6214 Main Street. The report recommends approval of the application subject to site plan control. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. See By-law No. 80-251 No. 48 - City Manager - Re: Site Plan Control Policy. The report recommends adoption of the Site Plan Control Policy in accordance with the new Section 35a of The Planning Amendment Act 1979. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fare, that the report be received and adopted. Carried Unanimously. No. 49 - City Manager - Re: Lot 8, Falls Industrial Park Extension. The report recommends the sale of Lot 8, Plan M-67 to Mr. DhanraJ Shihora at a purchase price of $15,965, and that the Legal Department be authorized to prepare the-appropriate legal documents. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 50 - City Manager - Re: Sunnylea Construction Limited et al - Exemption from Part Lot Control Provisions under The Planning Act for Certain Lots in Plane 260 and 265. The report recommends passage of two by-laws to authorize an agreement with Sunnylea Construction Limited et al and to designate certain land not to be subject to part lot control. -4- In response to a question raised by Alderman Baker, the Planning Director advised that semi-detached homes will only be permitted on twenty lots, with the remainder to be single family as a result of the original objection by the owner and developer prior to passage of By-law 79-200. A compromise was reached on the twenty lots, and the report was following that compromise through to completion. ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See By-laws 80-252 and 80-253 No. 51 - City Manager - Re: A. Selftied Builders Limited and Lots 20 to 28, Plan M-52. The report recommends passage of by-laws to authorize the term- ination of an agreement between the City and A. Selftied Builders Limited and to repeal By-law No. 80-65. ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. See By-laws 80-254 and 80-255 No. 52 - City Manager - Re: Amending Agreement with Fruitbelt Trucking Inc. The report recommends passage of a by-law to authorize an amending agreement with Fruitbelt Trucking Inc. for the development of a trucking office complex on the west side of Stanley Avenue south of Highway #405. ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others voting in favour. See By-law No. 80-25 No. 53 - Finance Committee - Re: Italian Earthquake Fund. The report recommends that the City donate $2,500 to the Italian Earthquake Fund. Mr. G. Ferretti, Regional Campaign Chairman for the Italian Earthquake Relief Fund of the Niagara Region, thanked Council for the donati_~on and expressed his appreciation for the assistance. Alderman Cummings stated that in January, Mr. R. Quiun, o~-ner of the Niagara Falls Flyera, would be holding an Italian Heritage Night at the Arena with the proceeds going to the Relief Fund. The Alderman suggested that the City's cheque could be presented at that time. Mr. Ferretti indicated that the occasion would be ideal for the presentation. ORDERED. on the motion of Alderman Chessman, seconded by Alderman Merrett, that 'the report be received and adopted. Carried Unanimously. No. 54 - Finance Committee - Re: Uncollectible Taxes. The report recommends that the Treasurer be directed to strike the following list of uncollectible business tax accounts off the tax roll. The City Treasurer provided additional information in response to a number of questions raised by Aldermen Baker and Puttick. ORDERED on the motion of Alderman Chessman, seconded by Alderman cumminJ~, that the report be received and adopted. Carried Unanimously. No. 55 - City Manager - Re: Temporary Borrowing for Current Expenditures for 1981. The report recommends passage of a by-law in respect to borrowing for current expenditures for the yea~ 1981. In response to a question raised by Alderman Dilts, the City Treasurer stated that the borrowing costs in 1981 were high because the City did raise sufficient funds iu the first insraiment of taxes, however the additional instalments had assisted in the long run since tax collections have improved, Alderman Dilts felt that Council should consider going back to the previous system of fever instalments, since it was not likely .the rate of interest would lower to previous levels. tlderman Puttick asked what the City's bank balance was in view of an outstanding tax account of nearly half of a million dollars that was collected recently. The City Treasurer stated that the City was out of debt until December 15th at which time it was necessary to borrow to pay the School Board requisition. Alderman Puttick felt that if the City had to borrow to pay the School Board, then somewhere along the line budgets were not being prepared properly. The City Treasurer explained that the City budgets on a no-profit basis. If Council wished, it could over-levy and establish -5 - reserves, however the philosophy had always been that the taxpayers should pay for what they are going to get in the current year. The City Treasurer advised that part of the City's borrowing is with utilization of municipal funds whereby the money is borrowed and the account affected is credited at the investing rate. Alderman Merrett asked if it would be possible to change the payment procedure on taxes in 1981. The City Treasurer felt such a change would be disruptive for the interim billing, but could be managed in the final billing. Alderman Merrett suggested that the entire matter be discussed by the Finance Committee as soon as possible. Following further comment, it was moved by Alderman Dilts, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 56 - City Manager - Re: Municipal Accounts. The report recommends payment of the municipal accounts. The City Treasurer provided additional information on Cheques Nos. 10062, 10077, 10103, 10140 and 10169 in response to questions raised by Aldermen Dilts, Puttick, Schisler and Mayor Thomson. ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the report be received and adopted. Carried Unanimously. No. 57 - City Manager - Re: Schedule of Meetings - Month of January, 1981. The report reconnmends that the first regular meeting of the new year be held on Manday January 12, 1981, that a general committee session be held on January 19, 1981, and a regular session on Monday, January 26, 1981. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 58 - City Manager - Re: New Agreement for Niagara District Airport., The report recommends passage of a by-law to authorize the execution of an agreement respecting Niagara District Airport. In response to a question raised by Alderman Cummings, the Deputy Solicitor indicated that approvals have been received from all other participating municipalities. ORDERED on the motion of Alderman Dilts, seconded by Alderman Schisler, that the report be received and adopted. Carried Unanimously. See By-law No. 80-258 No. 59 - City Manager - Re: Imposition of Special Annual Drainage Rates under the Tile Drainage Act, 1971. The report recommends passage of a by-law imposing special drainage rates under The Tile Drainage Act, 1971, upon the lands owned by Mr. Wayne DeYoung, said lands being located in Lot 7, Concession 6, former Township of Crowland now City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the report be received and adopted. Carried Unanimously. · No. 60 - City Manager - Re: Data Processing Supervisor. The report recommends that a management position of Data Processing Supervisor be created at an annual salary of $21,150, and that the Union position of Computer Programmer Trainee be filled at a starting salary of $12,631. Alderman Schisler felt that the salary offered for the supervisory position was much higher than for similar positions in other businesses and industries. Alderman Puttick stated that unless the positions could be filled without increasing staff, he could not support the recommendations. The Alderman felt that increasing staff at a time when the City was in a no-growth situation, was · poor management, and that the reasons outlined in the report for hiring a supervisor were not sufficient to warrant an increase in staff. Alderman Cheesman pointed out that with the planned purchase of certain equipment, the City would have the capability of producing its own tax bills. P~ather than an increase in the cost of operation, the Alderman pointed out that costs would decrease taking into account both the elimination of the cost of producing the tax bills elsewhere and the planned reduction of supervisory staff in the Finance Department within two years. Alderman Chessman felt that for the reasons outlined~ the recommendations indicated good management on the part of the City. Alderman Dilts indicated that although he was in favour of the recommendations, he did not agree with an increase in the number of staff. -6- The Alderman felt that the positions should be filled without increasing staff, possibly through attrition when the first retirement occurs. Alderman Fera felt that because of the economic climate, the City should not be hiring people, however due to the urgency of the City being able to produce its own tax bills, he would have to support the recommenda- tions. In response to a question raised by Alderman Fera, the City Treasurer advised that both positions would be advertised internally. It was anticipated that the supervisor Job would be filled from within, however it was possible that there might not be any employees qualified to fill the trainee position. Following further comment, it was moved by Alderman Cheesman, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others voting in favour. RESOLUTIONS No. 6 -MERRETT - DILTS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certifies that By-law No. 80-249 for the rezoning of lands on the west side of Montrose north of Thorold Stone Road, will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, once Amendment No. 119 has been approved by the Minister of Mousing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 80-248 - A By-law to provide for the adoption of an amendment to the Officia. Plan of the Niagara Falls Planning Area. (No. 119, R_~eese) No. 80-249 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls and By-law No. 2350, 1959 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-9/80, Reese) No. 80-250- A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. (Reese) No. 80-251 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls and By-law No. 2530, 1960 of the former Township o~ Stamford, now in the City of Niagara Falls. (AM-13/80, Molodynia) No. 80-252 - A By-law to designate certain land not to be subject to part lot control. (Plans 260 and 265, Chippaws) No. 80-253 - A By-law to authbrize an agreement with Sunnylea Construction Limited et al respecting certain lots on Registered Plan No. 16 for the former Village of Chippawa, now known as Plan No. 265 and Registered Plan No. 11 for the former Village of Chippawa, now known as Plan No. 260. No. 80-254 - A By-law to authorize the termination of an agreement with A. Selftied Builders Limited respecting certain lots on Plan M-52. No. 80-255 - A By-law to repeal By-law No. 80-65 to designate certain land not to be subject to part lot control. (Plan M-52) No. 80-256 ~ A By-law to authorlze~.an amending agreement with Fruitbelt Trucking Inc. No. 80-257 - A By-law to authorize the borrowing of $7,000,000.00 for current expenditures for t~e year 1981. No. 80-258 - A By-law to authorize the execution of an agreement respecting the Niagara District Airport. No. 80-259 - A By-law to impose a special annual drainage rate upon land in ,Xespec~..Df~hi~O~ey is borrowed under The Tile Drainage Act, 1971. - 7 - No. 80-260 - A By-law to provide monies for general purposes. Carried with Alderman Puttick voting contrary on By-law No. 80-~56, all others voting in favour. ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 80-248 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (No. 119, Reese) No. 80-249 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls and By-law No. 2350, 1959 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-9/80, Reese) No. 80-250 - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. (Reese) No. 80-251 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls and By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls. (AM-13/80, Molodynia) No. 80-252 - A By-law to designate certain land not to be sub.]ect to part lot control. (Plans 260 and 265, Chippawa) No. 80-253 - A By-law to authorize an agreement with Sunnylea Construction Limited et al respecting certain lots on Registered Plan No. 16 for the former Village of Chippawa, now known as Plan No. 265 and Registered Plan No. 11 for 'the former Village of Chippawa,~now known as Plan No. 260. No. 80-254 - A By-law to authorize the termination of an agreement with A. Seifriad Builders Limited respecting certain lots on Plan M-52. No. 80-255 - A By-law to repeal By-law No. 80-65 to designate certain land not to be subject to part lot control. (Plan M-52) No. 80-256 - A By-law to authorize an amending agreement with Fruitbelt Trucking Inc. No. 80-257 - A By-law to authorize the borrowing of $7,000,000.00 for current expenditures for the year 1981. No. 80-258 - A By-law to authorize the execution of an agreement respecting the Niagara District Airport. NO e 80-259 - A By-law to impose a special annual drainage rate upon land in ~ respect of which money is borrowed under The Tile Drainage Act, 1971. No. 80-260 - A By-law to provide monies for-general purposes. Carried with Alderman Puttick voting contrary on By-law No. 80-256, and all others voting in fayour. NEW BUSINESS MESSAGE OF CONGRATULATIONS - MRS. SHIRLEY CARR At the request of Mayor Thomson, it was moved by Alderman Curmnings, seconded by Alderman Fera, that a message of congratulations be sent to Mrs. Shirley Cart upon her appointment as an Officer of the Order of Canada. Carried Unanimously. BIRTHDAY WISHES Mayor Thomson offered his best wishes and those of the Council to the Council Secretary, Mrs. Puthey, in honour of her birthday, December 22, 1980. -8- APPOINTMENT TO PROJECT TRILLIUM Since Mrs. L. Savage had declined her appointment to the Pro~ect Trillium, Alderman Janvary offered to serve in this capacity. It was moved by Alderman Cheesman, seconded by Alderman Merrett, that Alderman Janvary be appointed to the Project Trillium for the years 1981 and 1982. Carried Unanimously. MEMBERSHIP OF COUNCIL Alderman Puttick felt that Council should set up a committee to review the possibility of reducing the size of Council and the current ward system. Mayor Thomson suggested that the matter be discussed at one of the General Committee sessions to be held in January. In response to a question raised by Alderman Pera, Mayor Thomson confirmed that there had been a previous attempt by the City to change the ward system and have an election strictly at large, however the Province would not permit any changes. Following further comment, it was moved by Alderman Puttick, seconded by Alderman Chessman, that the matter be referred to a General Committee session for discussion in January, 1981. Carried Unanimously. OVERSTAFFING WITHIN THE REGION Alderman Puttick stated that not only was he concerned with the number of elected representatives on municipal councils within the Region, but the possible overstaffing of the Region and area municipalities. The Alderman felt that a general meeting of Regional officials and representatives of ~he area municipalities should be arranged to determine whether in fact this overstaffing exists. Alderman Puttick stated that he had heard there were two hundred and fifty surplus non-union Jobs within the Region. Mayor Thomson commented that the City has sixty-five non-union employees, St.-Catharines likely has a similar or higher number, and including the number employed by the smaller area municipalities, the elimination of two hundred and fifty non-union positions would eliminate most of the non-union positions within the Region. "' Alderman Puttick advised that he had been told by a Regional official that the Region could incorporate the City's engineering department with their engineering department, have a lot less staff and be a lot more efficient. The Alderman also advised that the Region had hired a consultant to review its Regional staff. Mayor Thomson stated that he had never seen nor heard of any report indicating there were two hundred 'and fifty surplus non-union positions within the Region. With respect to the hiring of a consultant by the Region, the Mayor indicated that the consultant would be reviewing salaries and positions at the Region, and a consultant seldom recommends any changes other than upwards. As far as the possibility of surplus non-union employees, Mayor Thomson stated that the Region is not concerned with staffing in area municipalities, that is the responsibility of the local councils. Alderman Cummings disagreed with the comment that the Region could com-~ bine the City's engineering department with their engineering department and operate it more efficiently. The Alderman felt that such a move would only increase difficulties presently being experienced by area municipalities. With respect to the suggestion that Council membership should be reduced, Alderman Cumings commented that he pitied the members left with the committee workload that would have ~p be borne. CHRISTMAS WISHES His Worship, Mayor Thomson, the members of Council and City staff exchanged their wishes for a Merry Christmas and progressive New Year. It was moved by Alderman Chees~p-n, ded by Alderman Fera, that the meeting adjourn. Carried Unani~' P, EADANDADOPTED, MAYOR WAYNE THOMSON